Last Updated: July 13, 2024
Welcome to kopemoto.com (the “Site”), operated by Gero Khale (“us”, “we”, or “our”). These Terms and Conditions govern your use of the Site and the purchase of products from us. By accessing or using the Site, you agree to be bound by these Terms and Conditions.
General
- By using the Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Products and Services
- We offer coffee beans and coffee machine to coffee shops, restaurants, hotels for sale on our Site. These products are subject to availability and may be withdrawn at any time.
- We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Pricing and Payment
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
- We accept payments through various third-party payment processors. By submitting your payment information, you grant us the right to provide this information to these third parties for the purpose of facilitating the completion of purchases.
Intellectual Property
- All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gero Khale or its content suppliers and protected by international copyright laws. The compilation of all content on this Site is the exclusive property of Gero Khale, with copyright authorship for this collection by Gero Khale, and protected by international copyright laws.
- You may not systematically extract and/or re-utilize parts of the contents of the Site without Gero Khale’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site, without Gero Khale’s express written consent. You may also not create and/or publish your own database that features substantial parts of this Site (e.g., our prices and product listings) without Gero Khale’s express written consent.
Indemnification
You agree to indemnify, defend, and hold harmless Gero Khale and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Philippines.
Limitation of Liability
In no case shall Gero Khale, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Assignment
You may not assign any of your rights or obligations under these Terms and Conditions without the prior written consent of Gero Khale. Gero Khale may freely assign its rights and obligations under these Terms and Conditions without restriction.
Electronic Communications
By using the Site or communicating with us electronically, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Language
These Terms and Conditions may be translated into other languages for your convenience. The English version shall prevail in case of any conflict or discrepancy between the English version and any translated versions.
Survival
All provisions of these Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Waiver
The failure of Gero Khale to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Gero Khale.
Updates to Terms and Conditions
We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Contact Information
If you have any questions about these Terms and Conditions, please contact us at admin@kopemoto.com or by mail at Lower Bacayan, Cebu City.
Thank you for reviewing our Terms and Conditions. By using our Site, you agree to be bound by these Terms and Conditions.