Terms of use

Last Updated: January 2022

Welcome to Fresh.com. These are the terms and conditions of use and sale (the “Terms of Use”) which will govern your access to and use of the www.fresh.com/id website (the “Website”), which is owned, controlled and managed by Fresh Inc. and/or PT. L Beauty Brands. (collectively “Fresh”, “we” or “us”).  

By browsing, accessing and/or using this Website, you acknowledge and agree to accept without restriction these Terms of Use as well as our Privacy Policy which is incorporated herein by reference for all purposes. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website or order any products from the Website.

We may change or update the Terms of Use and Privacy Policy at any time, without notice to you. Such changes are effective when they are posted to the Website and your continued access and use of the Website after any such changes are posted will be considered acceptance of such changes. It is your responsibility to check the Terms of Use each time to visit the Website to view the most updated Terms of Use and Privacy Policy. The Website may not be used by persons under the age of majority in their jurisdiction.

The Website or any part of the Website may be periodically unavailable, and content on the Website may be removed or modified at any time without notice. Fresh may, in its sole discretion, restrict, suspend or cancel access to or use of the Website, for all or any one or number of users. You will have no right to compensation or other remedy for being unable to access the Website.

Nothing contained in these Terms of Use is intended to modify any other written agreement you may have with Fresh (if any) that may be in effect. In the event of any inconsistency between these Terms of Use and any other written agreements with Fresh, the terms of the other written agreements shall prevail.

If you have any questions or comments regarding the Website, Terms of Use and/or Privacy Policy, please view our FAQ. You can also contact us by writing to us at enquiries.id@fresh.com or via the contact details listed in the Customer Service section of the Website.


The Content (as defined below) presented on this Website is intended for educational or informational purposes only. In particular, such information is not meant to serve as a substitute for professional medical advice. Fresh does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website.

All Product descriptions, information and materials posted on this Platform are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. Commentary and other materials or information posted on or otherwise made available via our Website are not intended to amount to advice on which reliance should be placed. To the extent permitted under applicable law, (a) we do not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website; and (b) we exclude all liability and responsibility arising from any reliance placed on such materials or information by you, or by anyone who may be informed of any of its contents, and you acknowledge that any reliance on any such statement or information shall be at your sole risk.

You acknowledge that you have not relied on any statement, promise, warranty or representation made or given by or on behalf of us which is not set out in these Terms of Use, the Privacy Policy or any documents referred to in them. Nothing in this clause shall exclude or limit any liability for fraud or fraudulent misrepresentation or other forms of liability which may not be excluded or limited under applicable law.

1.1 Colours on the Internet

The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

1.2 Website Content; License

Fresh and/or its licensors own all right, title and interest in and to the Website, including all images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout therein (the “Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein, or has a valid right from a third party to use such material on the Website. Your use of the Website does not grant you ownership of any Content on the Website.

Subject to your compliance with these Terms of Use, Fresh grants you a limited, revocable, non-sublicensable and non-transferable license to access and use the Website and the Content contained therein solely for your personal, non-commercial use. This licence will terminate immediately upon your unauthorized use of the Websites or Content. No intellectual property rights in respect of the Website or Content are granted or extended as a result of Fresh making the Website available. All rights not expressly granted to you in these Terms of Use are expressly reserved.

1.3 Trademarks

The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on Content available through the Website are registered and unregistered Trademarks of Fresh and others and may not be used unless authorised by the relevant Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website or these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.


The Content may not be reproduced, republished, distributed, exploited commercially, used or modified without Fresh’s express written consent. You may not:

(a) access, copy or download the Website or Content using automated methods including but not limited to, “web scraping” or “bots”, robots or spiders that “harvest” the Website or Content, interfere with the functioning of the Website or Content or restrict or inhibit any others from using the Website or Content;

(b) use any trade mark, service mark or logo of Fresh or any third party that appears on the Website without prior written consent;

(c) remove or obscure any copyright or other notices contained in any Content;

(d) exploit any Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Website. If you link other websites to this Website, you may not imply or suggest that Fresh has endorsed or is affiliated with such websites and you may not display this Website as “framed” within another website;

(e) delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Website or Content or any of the Website’s source code or software;

(f) transmit any virus, worm, time bomb or similar system interference or corruptant through this Website;

(g) (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Website or use or gain access to the identities, information or computers of others through this Website.

(h) impersonate any person or entity other than yourself or create an Account for anyone other than yourself;

(i)  misuse our Website or its Content for any purpose which is unlawful (such as, for examples, introducing viruses or attempting to gain unauthorized access to our Website);

(j) do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory;

(k) assist or encourage violations of these Terms of Use, the Privacy Policy or any Sale and Purchase Agreement;

(l) use any hidden text or metatags using “Fresh”; or

(m) attempt to violate the security of the Website, including but not limited to attempting to gain unauthorized access to data, attempting to interfere with the functionality of the Website.

Fresh has the right (but not the obligation) to monitor the Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or any portion of the Website. Fresh may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Website to regulators, law enforcement officials or other persons or entities that it deems appropriate.

You are responsible for any use of the Website made by you. You undertake to use your best endeavours to ensure that nothing you do whilst accessing the Website will damage the Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

2.1 User Information

If you register for an Account, make a purchase via the Website, sign up for e-mails, apply for membership in one of our programs or participate in our competitions or promotions, you will be asked to provide personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy which is incorporated herein by reference for all purposes. All User Information you provide must be true, accurate and complete in all respects, and you are responsible for keeping your User Information up to date and accurate.

If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right, without penalty or liability, to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use or in response to any threatened or perceived security risk.

2.2 User Comments, Feedback, And Other Submissions

We welcome your suggestions, feedback, ideas and other submissions (collectively “User Contributions”) about the Website, its content, and our products. If any User Contribution includes ideas, suggestions, documents or proposals to Fresh, you hereby acknowledge and agree that: (a) such User Contributions are not confidential or proprietary and Fresh has no obligation of confidentiality, express or implied, with respect thereto; (b) Fresh may have something similar to the User Contribution already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind from Fresh or any of its affiliates for such User Contribution under any circumstances unless you are otherwise notified by Fresh in writing to the contrary. By submitting or sending User Contribution to us, you: (i) represent and warrant that the User Contribution are original to you, that no other party has any rights thereto, and that any "moral rights" in the User Contributions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Contributions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose. We are not responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time. Any User Contributions will be deemed not to be confidential or secret, and may be used by us in any manner not inconsistent with these Terms of Use and the Website’s Privacy Policy.

2.3 Links To and From The Website

The Website and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilised in any way, without prior written consent from Fresh.

The Website may contain links to other websites and resources operated by third parties. These links are provided for your information only. We have no control over the content of and the information contained in those third party websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Use of such third party websites is subject to the terms and conditions applicable to and displayed on such third party websites.


Save to the extent otherwise provided under applicable law, the Website, Content and Products are provided "as is," "as available”, without warranty of any kind, either express or implied, including, without limitation, any warranties for uptime or uninterrupted access, merchantable quality, fitness for a particular purpose, non-infringement of third party rights, security and freedom from viruses or malware.

You agree that in no event shall you seek to hold Fresh, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees and agents (“Affiliates”), liable and in no event shall Fresh or its Affiliates be liable to any party, whether in contract, tort (including negligence) or otherwise, but excluding fraud or fraudulent misrepresentation, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or any other remedy relating to the access, use (or inability to use), or availability of the Website, Content or Products, irrespective of whether Fresh has been advised of the possibility of such damages or losses.

The foregoing notwithstanding, we do not in any way exclude or limit our liability for:

(a) Death or personal injury caused by our negligence;

(b) Fraud or fraudulent misrepresentation;

(c) any other matter for which we are not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

3.1 Indemnity

You agree to indemnify Fresh and its Affiliates harmless against any and all liabilities, losses, damages, suits, claims, demands, costs (including court costs and legal fees), fines and actions of any kind or nature whatsoever for which they may become liable, or which they may suffer as a result of your use of the Website or Content, your breach, violation or non-performance of any term or condition of these Terms of Use, or your violation of any third party’s rights relating to the Website or Content.


From time to time, we may without penalty or liability, restrict access to some parts of the Website, or the entire Website, to users who have registered with us, at our sole and absolute discretion and without providing any reasons. Without limiting the generality of the foregoing, we may prevent or suspend your access to the Website or any part of it, with or without notice to you, if in our sole opinion you have not complied with any part of these Terms of Use, any terms or policies to which they refer or any applicable law.

Failure to comply with these Terms of Use may additionally result in our taking all or any of the following actions:

(a) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) incurred or suffered by us resulting from your breach of these Terms of Use;

(b) further legal action against you; and/or

(c) disclosure of such information to law enforcement or regulatory authorities as we reasonably feel is necessary or as required under applicable law.

We exclude liability for actions taken in response to breaches of these Terms of Use. The actions described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.


5.1 Governing Law and Dispute Resolution

These Terms of Use, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law in Indonesia, without giving effect to any principles of conflict of laws.

You agree that Mahkamah Agung Republik Indonesia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use or its subject matter or formation.

5.2 Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

5.3 Third Party Rights

These Terms of Use are entered into between you and us. No other person shall have any rights to enforce any terms of these Terms of Use, whether under the Contracts (Rights of Third Parties) Act or otherwise.