Thank you for using the FreshBox App Platform (the “Platform”), an online, android and iOS based platform that allows the customer to purchase fresh produce.
The Platform is operated by FreshBox. Access to and use of the Platform, or any of its associated products, is provided by FreshBox. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or signing up for use of the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform immediately.
FreshBox reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FreshBox updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by registering for the Services and/or accepting the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by FreshBox in the user interface of the Platform.
In order to access the Services, you are required to register for an account with FreshBox (the “Account”) and set up a personal profile.
As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification, contact details, likes and interests etc). You will also be requested to provide FreshBox with:
a phone number;
an email address;
FreshBox may provide you with an opportunity to register for an account by using details you have provided to third parties such as Google or Facebook. Where you choose to register for an account through this method, you acknowledge and agree that FreshBox will need to exchange personal information with those third parties.
You agree that any registration information you give to FreshBox will always be accurate, correct and up to date.
Once you have completed the registration process you will be a registered member (the “Member”) and agree to be bound by these Terms.
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with FreshBox; or
you are a person barred from receiving the Services under the laws of Indonesia or other countries including the country in which you are resident or from which you use the Services.
Your account obligations
As a Member, you agree to comply with the following:
not to share your profile with any other person;
use the Services only for purposes that are permitted by:
the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify FreshBox of any unauthorized use of your password or email address or any breach of security of which you have become aware;
access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of providing the Services;
you will not use the Services or Platform for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Platform;
Using the Services
As a Buyer, the Platform provides you with the opportunity to:
select and purchase the product;
sign up to be a FreshBox member;
complete the transaction; and
finalize the payment processing.
You acknowledge that the Purchase can be cancelled or rejected. For more information please refer to the Frequently Asked Questions available through the Website.
Please note that if you are inactive on the P latform for more than twelve (12) months, then your Account will be inactive.
Copyright and Intellectual Property of FreshBox
The Platform, the Services and all of the related products of FreshBox are subject to copyright. The material on the Platform is protected by copyright under the laws of Indonesia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by FreshBox or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by FreshBox, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:
download the Platform to a device via a web browser, the Google Play Client or the Apple App Client;
use the Platform pursuant to the Terms;
copy the Platform and the material contained in the Platform in your device’s cache memory; and
print paes from the Platform for your own personal and non-commercial use.
FreshBox does not grant you any other rights whatsoever in relation to the Platform or the material on the Platform. All other rights are expressly reserved by FreshBox.
FreshBox retains all rights, title and interest in and to the Platform and all related content. Nothing you do on or in relation to the Platform will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
If you broadcast, publish, upload, transmit, post or distribute any content on the Platform or to FreshBox (“Your Content”), then you grant to them a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Indonesian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause 9, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
FreshBox we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Platform and the Services is at your own risk. Everything in relation to the Platform and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of FreshBox make any express or implied representation or warranty about its Content or any products or Services (including the products or services of FreshBox) referred to on the Platform.
Limitation of Liability
FreshBox’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that FreshBox, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
FreshBox is not responsible or liable in any manner for any content posted on the Platform or in connection with the Services, whether posted by FreshBox or by Shoppers or by any other third parties.
FreshBox does not control and is not responsible for the behaviours and actions of its Members, Clients, their comments, posts or information that they upload. Accordingly, FreshBox is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Platform or in connection with your use of the Services.
Termination of Contract
The Terms will continue to apply until terminated by either you or by FreshBox as set out below.
If you want to terminate the Terms, you may do so by:
notifying FreshBox at any time; and
Your notice should be sent, in writing, to FreshBox via the ‘Contact Us’ link on our homepage.
FreshBox may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
FreshBox is required to do so by law;
the partner, if any, with whom FreshBox offered the Services to you has terminated its relationship with FreshBox or ceased to offer the Services to you;
FreshBox is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
the provision of the Services to you by FreshBox is, in the opinion of FreshBox, no longer commercially viable.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and FreshBox have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify FreshBox, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Content;
any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
any breach of the Terms.
Venue and Jurisdiction
The Services offered by FreshBox are intended to be viewed by residents of Indonesia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Indonesia.
Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in Indonesian Rupiah (IDR) and are GST inclusive. GST is only applicable to subscribers situated in Indonesia.
These Terms are governed by the laws of Indonesia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Indonesia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.