Terms and Conditions of Sale and Use
Welcome to Keepfloeing.com. Keepfloeing.com and its affiliates provide access to the Keepfloeing.com website (the "website") and sell our products to you subject to the conditions set out on this page.
Please read these conditions carefully before using the Keepfloeing.com website. By using the Keepfloeing.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Keepfloeing.com service, you will also be subject to the terms, guidelines and conditions applicable to that service. ("Terms"). If these Conditions of Use & Sale are inconsistent with such Terms, the Terms will control.
Conditions Relating to Your Use of Keepfloeing.com
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of the website.
Keepfloeing.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
After you purchase a product from us for the first time, we will automatically activate our ordering process for you. Online Ordering is the fastest and easiest way to order products safely and securely from Keepfloeing.com. If you are using a public or shared computer terminal, we strongly recommend that you Log Off when you are not at the computer.
4. Access to Keepfloeing.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. License for website access
Keepfloeing.com grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Keepfloeing.com. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Keepfloeing.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Keepfloeing.com's or its affiliates' names or trademarks without the express written consent of Keepfloeing.com. Any unauthorised use terminates the permission or license granted by Keepfloeing.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Keepfloeing.com as long as the link does not portray Keepfloeing.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Keepfloeing.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
6. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Keepfloeing.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
7. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Keepfloeing.com reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
- (a) grant Keepfloeing.com and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- (b) Keepfloeing.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Keepfloeing.com, including the execution of deeds and documents, at the request of Keepfloeing.com.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Keepfloeing.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Keepfloeing.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Keepfloeing.com and its affiliates for all claims brought by a third party against Keepfloeing.com or its affiliates arising out of or in connection with a breach of any of these warranties.
8. How to make a complaint
You can make a complaint by contacting APT Innovations Limited Customer Services through our website or by speaking with one of our advisors or by writing to us.
If you contact us through the www.keepfloeing.com website or in writing please provide us with full contact details of yourself and your complaint. If we require further information we will notify you using your preferred method of contact.
If you choose to contact us by phone please have the details of your complaint available. Our Customer Services Advisors will let you know the appropriate process to follow. If you are contacting us on behalf of another person, we may ask you to provide proof of that person's consent to your handling their complaint.
Once we have received your complaint, the Customer Services Advisor will record your details and provide you with a unique reference number that identifies you and your complaint.
There are 3 key stages in our complaints process – at the end of each one we will ask you if you are satisfied with how we have handled your complaint. In written communications we will allow 14 calendar days for you to come back to us with your response. If we do not hear from you after this time we will assume you are content with how the matter has been resolved. If you do contact us after the 14 calendar days your case can be re-opened using your original reference number.
Our preference is always to deal with your complaint on a person to person basis by phone, but, if you prefer, we will deal with your complaint at any stage through e-mail or letter.
Stage 1: Contacting our Customer Services Advisors
The Customer Services Advisor will take the details of your complaint. They will make every effort to investigate and resolve your complaint providing you with an appropriate response. The Customer Services Advisor will check if you are happy or unhappy with the reply you have received. If you are unhappy please tell them explaining your reasons and the Customer Services Advisor will take another look at your case.
Stage 2: Re-contacting our Customer Services Advisors
Our Customer Services Advisors are trained to deal with your complaint and will endeavour to address and resolve your concerns. If, however, after allowing them another chance to try and deal with your complaint, you remain dissatisfied with the response then you will have a further opportunity to let them know. Your complaint will then be referred to the Customer Services Manager who will personally review your case.
Stage 3 – Contacting the Customer Services Manager
The Customer Services Manager will work with you to try and sort out and resolve the problems or issues surrounding your complaint. The Customer Services Manager will check to see if you are happy or unhappy with their response. If you are unhappy please tell them explaining your reasons why.
If you are unable to reach a satisfactory outcome you can, at this stage, ask for your case to be escalated to Consumer Direct. Consumer Direct is a service operated by the Office of Fair Trading. They offer practical advice via the telephone and on-line. Please be aware that Consumer Direct cannot make a complaint on your behalf or provide advice on specific APT Innovations Limited products and services.
Telephone: 0844 251 2211 9am – 5pm, Monday to Friday
Writing: Customer Services, APT Innovations Limited, Trinity House, Lisburn, Co Antrim, BT28 2YY
9. Defamation claims
Because Keepfloeing.com lists many products for sale on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Keepfloeing.com operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately at firstname.lastname@example.org. Once this procedure has been followed, Keepfloeing.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
10. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Keepfloeing.com, its affiliates or its content suppliers and is protected by international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Keepfloeing.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Keepfloeing.com, our affiliates or our software suppliers and is protected by international copyright and author' rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Keepfloeing.com's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Keepfloeing.com's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Keepfloeing.com's express written consent.
11. Intellectual Property Claims
Keepfloeing.com (the trading name for APT Innovations Limited) and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us at email@example.com
KEEPFLOEING.COM, APT Innovations Limited, THE “Another APT innovation” Logo, and other marks indicated on our website are trademarks or registered trademarks of APT Innovations Limited, or its subsidiaries (collectively "APT Innovations Limited"), in the European Union and/or other jurisdictions. Keepfloeing.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of APT Innovations Limited. APT Innovations Limited trademarks and trade dress may not be used in connection with any product or service that is not APT Innovations Limited, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits APT Innovations Limited. All other trademarks not owned by APT Innovations Limited that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by APT Innovations Limited.
One or more patents apply to the website and to the features and services and all corresponding foreign counterparts.
14. Our contract
When you place an order to purchase a product from Keepfloeing.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
Please review our Returns Policy, which applies to products purchased from us. In addition to your 6 month returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy.
16. Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our efforts, a small number of the products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
All prices are exclusive of VAT unless stated otherwise.
When ordering goods from Keepfloeing.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Keepfloeing.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
18. Health & Safety
By purchasing any product from our website, you acknowledge that you have read and understood our cautions contained in product instructions.
Conditions Relating to Both Your Use of Keepfloeing.com and Sales to You
Keepfloeing.com does not sell products for purchase by children. If you are under 18, you may use Keepfloeing.com only with the involvement of a parent or guardian.
20. Other businesses
We sell goods from Parties other than Keepfloeing.com and are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Keepfloeing.com does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You should carefully review their conditions of use.
21. Electronic communications
When you visit Keepfloeing.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and 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. This condition does not affect your statutory rights.
Keepfloeing.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any personal loss through neglect or misuse of any of it’s products or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Keepfloeing.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct.
23. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
24. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
26. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City.
What are cookies?
A cookie is a small file which holds a certain amount of data, which our website can send to your browser. It may then be stored on your device and can be accessed by our web server. The cookie data can then be retrieved and allows us to customise our website pages and services accordingly. It is important to note that our cookies do not collect any personal data stored on your device.
Without cookies for some essential parts of our website could fail to function, and some pages and features may not load correctly or at all.
Any trusted partners that we work with may also utilise cookies in similar ways to those outlined. As mentioned above, these cookies do not store any personal details relating to you.
How to control and delete cookies
For more information on how to control your cookie settings and browser settings, or how to delete cookies on your hard drive, please visit www.aboutcookies.org.
28. Our details
Keepfloeing.com is the trading name for APT Innovations Limited.
This website is owned by APT Innovations Limited and operated by Ardnet Design and 123-reg.co.uk
You can contact us at firstname.lastname@example.org
Notice and Procedure for Making Claims of Infringement
Keepfloeing.com is the trading name for APT Innovations Limited. We respond expeditiously to intellectual property rights owners who feel that they have been infringed upon. If an infringement has been made, it has been without the knowledge of Apt and the responsibility of the person or organisation infringed upon to contact us immediately where we shall make every effort to right a situation. APT Innovations Limited can be contacted on email@example.com. Please use the Notice form below to frame your request
Important Warning: giving false, misleading or inaccurate information in the Notice to Keepfloeing.com may result in civil liability. You should contact a solicitor should you have any questions.
If you believe that your intellectual property is being violated by an item or information on the Keepfloeing.com site, you may fill out the Notice Form (below) using the corresponding numbered paragraphs to frame your communication. This signed form can be sent via PDF or Fax to:
Email PDF: firstname.lastname@example.org
Subject Line: Claim of Infringement
FAX: +44 (0) 870 902 3332
(We will accept a signed PDF via email with the subject line "Claim of Infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
Re:www.Keepfloeing.com (trading name for APT Innovations Limited)
I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
(1) Contact information:
(a) Your and/or your company's name, address, telephone number and contact email address;
(b) The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).
(2) Listing's Allegation of Infringed Right:
(a) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent)
[REPEAT (2)(a) as necessary for multiple items,
(3) Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
(4) Include the following statement: "I represent, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
(5) Sign the Notice Form.
Notice and Procedure for Notifying Keepfloeing.com of Defamatory Content
If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by copying the Notice to Keepfloeing.com of Defamatory Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a printed signed copy to: Defamation Notices, Keepfloeing.com Legal Department, 496 Upper Newtownards Road, Belfast, Co Down, Northern Ireland, BT4 3HB. Please note that this procedure is exclusively for notifying Keepfloeing.com of Defamatory content on or advertised for sale on the Keepfloeing.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to Keepfloeing.com of Defamatory Content may result in civil and criminal liability.
Notice to Keepfloeing.com of Defamatory Content
In the matter of www.keepfloeing.com
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website www.keepfloeing.com ("the website"). I make this statement in support of my giving Keepfloeing.com notice that, via the website, it is causing or contributing to the publication of a defamatory statement.
2. The defamatory words (delete whichever paragraph is not applicable):
(a) appear in a product being sold by Keepfloeing.com via the website entitled [please state the book name and its author]. The defamatory words appear on page [please state the page number(s) where you consider there are defamatory words].
(b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].
3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
4. These words are defamatory because [please state why you consider the words are defamatory].
5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed: Jason Paul - Managing Director APT Innovations
Dated: 25th May 2018