TERMS AND CONDITIONS

Last Updated: 12 January 2025

Welcome to the Fore Coffee application (“Platform”), which is provided by PT Fore Kopi Indonesia Tbk (“Fore”, “we”, “us” or “our”).

These Terms and Conditions (“Terms”) govern users’ (“you” or “your”) access and use of our Platform and our related websites, services, applications, products and content available on our Platform provided by us or our affiliates (collectively, “Services”).

These Terms are a legally binding agreement between you and us. Please take the time to read these Terms carefully. If you do not agree to these Terms, you must not access or use our Services.

1. OUR SERVICES

We agree to provide you with our Services, which consists of the following aspects:

    1. Place an Order: You can order our products (except items that are marked or listed as “Sold Out”). But you cannot cancel your order after your order has shown the “In Process” status.
    2. Self-Pickup: You can choose which Fore Coffee you are going to pick up the item you purchased. You will need to show your order or payment receipt to our barista at your chosen Fore Coffee store.
    3. Delivery: You can choose where the items you purchased will be delivered to. We work together with independent delivery partners to deliver your order to you. All delivery services are fulfilled by these delivery partners. You should note the following if you use the delivery method:
      • You need to make sure that your delivery address is correct and accurate before you place an order using the delivery method. Any changes to your delivery address after you have placed a delivery order will not affect your current delivery order.
      • Make sure your mobile number is correct and active, because if the order has arrived but you cannot be contacted, the order may be returned to the Fore Coffee outlet selected at the time of ordering. If the order has not arrived by a certain time, Fore will offer you 3 (three) options:
        • You wait until the system finds a new delivery partner to deliver your order.
        • You pick up your order directly at a Fore Coffee outlet.
        • You cancel your order and start the refund process.
      • You also agree to our delivery partner’s terms and conditions. We encourage you to read our delivery partner’s terms and conditions.
      • We are not liable to you if your order is damaged or lost by our independent delivery partners’ negligence or omission during the delivery.
      • You can see the delivery partner’s contact details who is delivering your order.
      • Fore can automatically change delivery partners if your chosen delivery partner has not found a courier within a certain period of time. Shipping costs through the new delivery partner may change, but you will still pay the previously charged cost.
      • You will receive a compensation voucher if your order is delayed beyond a certain time limit. 1 (one) Fore account can receive a maximum of 4 (four) compensation vouchers per month.
    4. Vouchers
      1. Birthday Voucher
        • To receive your birthday voucher, you must be a Fore Coffee member for at least 3 (three) months and provide all your personal information;
        • If you join less than 3 (three) months before your birthday, your voucher will be issued for the next year’s celebration;
        • The voucher is not redeemable for cash.
      2. Referrals (Discount of 50% and 100 Fore Points)

        Discount of 50%

        • This offer is valid only for new customers who sign up using a mobile number and device that have not been registered with our application;
        • You will receive the discount voucher within 24 hours after someone makes their first purchase using your referral code;
        • The voucher is valid for one month from the date it is issued.

        100 Fore Points

        • This offer is valid only for new customers who register using a mobile number and device that have not been registered with our application;
        • You will receive Fore Points within 24 hours after 1, 3, 5, or 10 people make their first transaction using your referral code.
      3. Subscription MyFore Plan
        • Your MyFore Plan package is valid for 30 (thirty) days from the purchase date;
        • The voucher received with the MyFore Plan can only be used for purchases in our application;
        • If your package is about to expire in one hour, you cannot change, cancel, or manually pay for it;
        • You can switch to a new package, but the payment for it will be charged in the next billing cycle. You can continue to use the benefits of your current package until it expires;
        • If you cancel your current package, you will still receive its benefits until it expires, and you won’t be billed for the next cycle;
        • Your subscription will be automatically charged for renewal within 3 days after your current package ends. If the renewal fails during this time, your package will be immediately cancelled.
      4. Fore Gift Voucher With Fore Gift Vouchers, you can easily send a little joy to your friends on Fore! Pick any amount you like, add a cheerful greeting card, and write a personal note. It’s the perfect way to celebrate any occasion together.The Fore Gift Voucher is only valid for one transaction per user or device during the promotional period. If the transaction amount is less than the value of the Fore Gift Voucher, it cannot be reused for future transactions. However, if the transaction amount exceeds the value of the Fore Gift Voucher, the buyer will need to cover the extra cost.

DISCLAIMER:

      • Vouchers are non-transferable, non-refundable and non-replaceable;
      • We reserve the right to cancel any transactions or voucher usage if fraud is suspected, without notifying the user beforehand;
      • We reserve the right to amend these terms and conditions without prior notice.

2. FEES AND PAYMENT

Our Platform is free to download, but we may charge certain fees for using certain features on our Platform.

Our products are subject to fees that you can find on our Platform before you place an order. We also may adjust or renew fees from time to time based on certain factors, such as the type of items or regulatory requirements.

You must pay for the products you ordered by debit or credit cards, or other electronic payment methods provided by independent third parties on our Platform (“Payment Provider”), or other payment methods which may vary from time to time based on our sole discretion (“Payment Method”).

You have to officially register with the Payment Provider you choose and use your personal payment credentials. If you use another party’s registered credentials, you are fully responsible for all licenses required and all losses or disputes arise between you and that other party, either caused by your, our or the Payment Provider’s negligence or omission.

We reserve the right to refuse or postpone your payment request using the Payment Method for certain reasons, including but not limited to any indication or we have sufficient reasons to suspect any fraud, deceit, violation against these Terms, violation against any applicable laws and regulations including related to payment using cards, electronic money, payment transaction processes, anti-money laundering, corruption and terrorism financing, or any unusual or suspicious behaviour, including any obligation you have yet to fulfil to us.

3. OUR PRIVACY POLICY

We require collecting and using your information in providing our Services. Our Privacy Policy explains how we collect, use, and share your information. It also explains the many ways you can control your information. You must agree to our Privacy Policy to use our Services.

4. YOUR ACCOUNT

You must create an account to use our Services. When you create your account, you must provide accurate information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep your information current and complete.

Please make sure that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair our Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services again, and would like your account deleted, you can do so through the delete account function at your account profile page. Alternatively, you can contact us. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

5. YOUR COMMITMENT

Your access to and use of our Services is subject to these Terms and all applicable laws and regulations. You agree not to:

      1. Access or use our Services if you are not legally competent to agree to these Terms;
      2. Make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of our Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by our Services or any derivative works thereof;
      3. Distribute, license, transfer, or sell, in whole or in part, any of our Services or any derivative works thereof;
      4. Market, rent or lease our Services for a fee or charge, or use our Services to advertise or perform any commercial solicitation;
      5. Use our Services for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
      6. Interfere with or attempt to interfere with the proper working of our Services, disrupt any networks connected to our Services, or bypass any measures we may use to prevent or restrict access to our Services;
      7. Incorporate our Services or any portion thereof into any other program or product. We reserve the right to refuse service, terminate accounts or limit access to our Services in our sole discretion;
      8. Use automated scripts to collect information from or otherwise interact with our Services;
      9. Use improper name for your account, which violates local norms in our sole discretion, or applicable laws and regulations;
      10. Use or attempt to use another’s account, service or system without authorization from Fore Coffee, or create a false identity on our Services; or
      11. Use our Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party; any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person.

We reserve the right, at any time and without prior notice, to terminate your account or disable your access to our Services at our discretion for any reason or no reason. The reasons for the termination or deactivation of your account may include, but are not to, violations of these Terms or applicable laws and regulations.

6. INTELLECTUAL PROPERTY RIGHTS

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of our Services, you agree not to use our Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to terminate your account and/or block your access to our Services if you infringe or are alleged to infringe any copyrights or other intellectual property rights.

Our Platform and our Services, including but not limited to names, logos, program codes, designs, trademarks, technologies, database, business processes and models, are protected by copyright, trademark, patent and other intellectual property rights registered either on behalf of us or our affiliates. We (and our licensors) have all the rights and interests of our Platform and our Services, including all intellectual property rights related to all features contained therein and related intellectual property rights.

We grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, license to (i) download, access and use our Platform, as is, only on your devices solely for the purposes of using our Services, and (ii) access or use content, information and related materials available on our Platform solely for personal and not for commercial purposes. We (and our licensors) reserve all rights and privileges that are not expressly granted under these Terms. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.

7. INDEMNITY

You agree to defend, indemnify, and hold harmless Fore Coffee, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

8. EXCLUSION OF WARRANTY

Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.

Our services are provided “as is” and we make no warranty or representation to you in relation to our services. We do not represent or warrant to you that:

      1. Your use of our Services will meet your requirements;
      2. Your use of our Services will be uninterrupted, timely, secure or free from error;
      3. Our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes to access our Services. You should use your own virus protection software;
      4. Any information obtained by you as a result of your use of our Services will be accurate or reliable; and
      5. Defects in the operation or functionality of any software provided to you as part of our Services will be corrected.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to our Services except to the extent that they are expressly set out in these Terms. We may change, suspend, withdraw or restrict the availability of all or any part of our Platform for business and operational reasons at any time without notice.

9. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

      1. ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
      2. ANY LOSS OF GOODWILL;
      3. ANY LOSS OF OPPORTUNITY;
      4. ANY LOSS OF DATA SUFFERED BY YOU; OR
      5. ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

      1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY OF OUR SERVICES;
      2. ANY CHANGES WHICH WE MAY MAKE TO OUR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF OUR SERVICES (OR ANY FEATURES WITHIN OUR SERVICES);
      3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF OUR SERVICES;
      4. YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
      5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

10. UPDATING THESE TERMS

We may change our Services from time to time, and we may need to make changes to these Terms so that they accurately reflect our Services. Unless otherwise required by law, we will notify you (for example, through our Services) before we make changes to these Terms and give you an opportunity to review the updated Terms before the updated Terms go into effect. If you continue to use our Services, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account by contacting us.

11. MISCELLANEOUS

      1. Governing Law and Arbitration. These Terms and their subject matter are governed by the laws of the Republic Indonesia. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Indonesian National Arbitration Board (Badan Arbitrase Nasional Indonesia or “BANI”) having its address at Wahana Graha Lt. 1 & 2, Jl. Mampang Prapatan No. 2, Jakarta 12760, Indonesia at the time you entered into these Terms, in accordance with the BANI rules for the time being in force, which rules are deemed to be incorporated by reference in this Section. The arbitration shall be conducted in Jakarta, Indonesia. There will be 1 (one) arbitrator and the language of the arbitration shall be the Indonesian language.
      2. Entire Agreement. These Terms constitute the whole legal agreement between you and us and govern your use of our Services and completely replace any prior agreements between you and us in relation to our Services.
      3. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right under these Terms.
      4. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.
      5. Language. These Terms may be translated into one or more other languages. If there is any inconsistency between the Indonesian version of these Terms and other language versions, the Indonesian version shall prevail.

12. CONTACT US

You can contact us through the Contact Us page on the Platform, call us or through WhatsApp at +6281211118456. Our operational hours are Mondays-Sundays 8 am – 8 pm Western Indonesian Time.

All your correspondence will be recorded and stored based on our Privacy Policy.

13. SUPPLEMENTAL TERMS – JURISDICTION SPECIFIC

    1. Governing Law and Arbitration. These Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by Indonesian National Board of Arbitration.
    2. Language. These Terms may be translated into one or more other languages. If there is any inconsistency between the English version of these Terms and other language versions, the English version shall prevail.