Terms and Conditions

Company Information

Legal Agreement and Binding Nature

These Terms and Conditions constitute a legally binding agreement between you (the user, visitor, or client) and Flores Wake. By accessing our website, using our services, or engaging in business communications with us, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree to these Terms and Conditions, you must immediately cease using our website and services. Your continued use signifies your acceptance of these terms and any subsequent modifications.

These terms supplement and work in conjunction with our Terms of Service, Privacy Policy, and any other agreements you may have with Flores Wake.

User Obligations and Responsibilities

1. Legal Compliance Requirements

You agree to comply with all applicable laws, regulations, and legal requirements, including but not limited to:

• International trade and import/export regulations
• Food safety and agricultural product standards
• Business licensing and registration requirements in your jurisdiction
• Tax obligations and customs duties
• Data protection and privacy regulations
• Anti-corruption and ethical business conduct laws

2. Prohibited Activities and Behaviors

When using our services, you expressly agree NOT to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of Flores Wake or third parties
• Transmit false, misleading, or fraudulent information
• Engage in any form of harassment, abuse, or threatening behavior
• Attempt to gain unauthorized access to our systems, networks, or data
• Use automated systems (bots, scrapers) without express permission
• Interfere with the proper functioning of our services
• Reverse engineer, decompile, or disassemble any part of our services
• Remove or alter any proprietary notices or labels

3. Content Guidelines and Restrictions

Any content you submit or transmit through our services must:

• Be accurate, truthful, and not misleading
• Not contain illegal, harmful, or offensive material
• Not infringe upon any third-party rights
• Not contain viruses, malware, or harmful code
• Respect privacy and confidentiality of others
• Comply with professional and ethical business standards

4. Age Restrictions and Requirements

Our services are intended for business professionals and commercial entities. You must be at least 18 years of age and have the legal capacity to enter into binding agreements. If you are representing a business entity, you warrant that you have the authority to bind that entity to these terms.

Specific User Responsibilities

1. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Flores Wake, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of our services
• Your violation of these Terms and Conditions
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Any content you submit or transmit through our services
• Your business practices in relation to coffee sourcing or trade

2. Privacy and Data Protection Compliance

You are responsible for ensuring your own compliance with data protection and privacy laws when collecting, processing, or sharing any personal information obtained through or in connection with our services. This includes compliance with GDPR, local privacy regulations, and industry-specific requirements.

3. Third-Party Interactions

We may facilitate connections with coffee producers, suppliers, or other third parties. However, you acknowledge that:

• We are not party to agreements between you and third parties
• You are solely responsible for evaluating third-party relationships
• We do not guarantee the performance, quality, or reliability of third parties
• All business transactions are conducted at your own risk
• You must conduct appropriate due diligence before entering agreements

Disclaimers, Warranties, and Liability Limitations

1. Disclaimer of Warranties

OUR SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Non-infringement of intellectual property rights
• Accuracy, completeness, or reliability of information
• Uninterrupted, secure, or error-free operation
• Quality or availability of specific coffee products or origins
• Results or outcomes from using our services

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLORES WAKE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Costs of procurement of substitute goods or services
• Any damages arising from coffee quality, availability, or pricing variations
• Third-party actions, omissions, or performance failures

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE SIX MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS USD ($100), WHICHEVER IS GREATER.

3. Exclusion of Consequential Damages

We shall not be liable for any consequential, incidental, or special damages resulting from your use or inability to use our services, including but not limited to damages related to:

• Failed coffee transactions or sourcing arrangements
• Quality variations in agricultural products
• Harvest failures or natural disasters affecting supply
• Market price fluctuations or currency exchange variations
• Delays in shipping, logistics, or customs clearance
• Regulatory changes affecting import/export capabilities

4. Force Majeure Provisions

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: natural disasters, extreme weather events, wars, civil unrest, government actions, labor disputes, pandemics, or failures of third-party systems or infrastructure. Coffee sourcing is particularly subject to agricultural and environmental variables beyond anyone's control.

Legal Information and Dispute Resolution

1. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Indonesia, without regard to its conflict of law provisions. The courts of Bandung, Indonesia shall have exclusive jurisdiction over any disputes arising from or relating to these terms.

2. Dispute Resolution Procedures

In the event of any dispute arising from these terms or our services:

• Informal Resolution: We encourage you to first contact us directly to resolve the issue informally
• Mediation: If informal resolution fails, parties agree to attempt mediation before pursuing litigation
• Arbitration Option: Parties may mutually agree to binding arbitration as an alternative to court proceedings
• Litigation: As a last resort, disputes may be submitted to the competent courts in Bandung, Indonesia

3. Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these terms, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

4. Entire Agreement

These Terms and Conditions, together with our Terms of Service, Privacy Policy, Cookie Policy, and any other referenced documents or agreements, constitute the entire agreement between you and Flores Wake regarding the use of our services and supersede all prior or contemporaneous communications and proposals.

5. Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website unless otherwise specified. Material changes will be communicated via email or prominent notice on our website. Your continued use after such changes constitutes acceptance of the modified terms.

6. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Flores Wake.