Terms and Conditions

The Terms and Conditions are addressed to the Consumers and set out the types and terms of electronic services provided by Keox Limited through the website: https://neverforget.video, hereinafter referred to as the Website, and the terms of conclusion and termination of contracts to provide such services, as well as the complaint procedure.


§ 2

Definitions

The terms defined in the Terms and Conditions have the following meaning:

  1. Seller - Keox Limited, 61 Bridge Street, Kington HR5 3DJ, Company no. 11457561;

  2. Website - the website maintained by the Seller: https://neverforget.video;

  3. Client - any entity that uses the Website services and features;

  4. Consumer - a natural person concluding a contract with the Seller via the Website, with the subject matter of the said contract not being directly related with that person’s business or professional activity;

  5. Recipient - a person or persons to whom the Client addresses the film;

  6. Entrepreneur - a Client who runs a business activity;

  7. Order - a statement of will made by the Client through the Form, with the intention to directly conclude a Sales Contract with the Seller;

  8. Service - a service available on the Website, which involves a film being uploaded and posted by the Client on the Website for a certain time, as regulated in the Sales Contract between the Client and the Seller;

  9. Payment Operator - Przelewy24 payment system provided by DialCom24 Sp. z o.o., Kanclerska 15, 60-327 Poznań, Poland (KRS 0000306513);

  10. Contract - a distance contract concluded with the Client under an organised distance sales scheme (via the Website) without the simultaneous physical presence of the parties, with the exclusive use of distance communication up to and including the time at which the contract is concluded;

  11. Account - the Client’s account in the Website where details given by the Client are stored along with the information about the Orders made by them through the Website;

  12. Form - a form provided on the Website to create an Account and make an Order, specifically, as a result of the terms of the distance Contract, including the term of the service, being set; and

  13. Terms and Conditions - the present Terms and Conditions of services provided by the Seller via the Website.


§ 3

General

  1. The Clients can use the Website to upload and post a video file on the Website servers and send a link to the video to the Recipient indicated in the Order Form at a later time.

  2. The video will be stored on the Website servers for the period of time indicated in the Order Form by the Client and for 14 days after the relevant link has been sent to the Recipient. After this time, the video will be deleted from the Website servers, regardless of whether it has been watched by the Recipient or not and the service will be deemed to have been completed.

  3. The Client can access and delete the video posted by them and change the Recipients or their e-mail addresses within the time set in the Order Form.

  4. The Seller’s Client can only be a person who is of legal age, has full legal capacity or holds the consent of a statutory representative.

  5. Clients who are Entrepreneurs should contact us at: info@keox.co.uk to set the contract terms.

  6. All prices stated on the Website are expressed in USD and are VAT inclusive.

  7. The total amount payable by the Client comprises the price due for the first month of the service and the price due for the specified number of months for each 1GB of the film.

  8. The provision of the service is conditional upon the payment of the full amount due for the Service, which is calculated based on the length of the service and the size of the video file.

  9. The payment method offered is the card payment. Updated information about possible payment methods is given on the Website and in the order form.


§ 4

Technical issues

  1. To use the Website, you need:

    1. the terminal equipment with the Internet access and a web browser;

    2. and an active e-mail account.

  2. The Seller will not be held liable, to the fullest extent permitted by law, for any disruptions, including an interruption of the Website operation, which results from force majeure, illicit activities of third parties or the Website being incompatible with the Client’s technical infrastructure.

  3. The Website may become temporarily unavailable as necessary for the planned, ongoing operation and maintenance of the Website server and software. Any planned maintenance break will be expressly notified to the Clients on the Website.


§ 5

Creating an Account in the Shop

  1. The Client’s Account is created automatically upon completion of the service order form. The following details must be given: video title, Client’s e-mail address, Recipient's e-mail address, video submission date.

  2. The Client can log to the Account by entering the client’s e-mail address and password given in the Order Form.

  3. The Client can delete the Account, without giving any reason or incurring any costs, by sending the relevant request to the Seller, specifically, via e-mail or in writing to the address given in § 12.


§ 6

Performance of the sales contract

  1. In order to purchase a service, the Client should take the following steps:

    1. complete the Order Form, attach the video file and click the “Pay” button;

    2. accept the terms set out in the Terms and Conditions and the Privacy Policy;

    3. click the “Pay” button.

    4. Having clicked the “Pay” button, the Client will be moved to the Payment Operator’s website to complete the payment of the price due for the Service.

  2. Upon successful payment, the Client will be moved to the website with the purchase confirmation. The purchase confirmation will also be sent to the Client's e-mail address given in the order form.

  3. Once the payment has been made, the Contract is deemed to have been concluded between the Client and the Seller.


§ 7

Intellectual property rights

  1. All intellectual property rights and the trademark KEOX shall remain with the Seller and/or its licensors. The intellectual property rights are not transferred to the Client under this Agreement.

  2. The Client has no right to modify, adapt, or translate the Services and the Website or create derivative works from the Services or the Website.

  3. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that the Client has any right to obtain the source code for the software comprised within the Services or the Website.

  4. The Client declares (by uploading a video file to the Website server) that he has all rights in the video file and does not breach any third party rights, specifically, any intellectual property rights.

  5. The Client shall retain the sole ownership of all rights in the Client’s video file and its pre-existing IPRs.

  6. The Client shall have the sole responsibility for the legality of the Client’s video file and its pre-existing IPRs.

  7. The Seller may delete video files that infringe intellectual property rights at the request of the owner of these rights without prior notice to the Client.


§ 8

Complaints

  1. In case of any reservations as to the Service, the Client can make a complaint.

  2. The Client makes a complaint in writing, by sending it to the address given in § 12.

  3. The complaint should contain a clear indication of the substantive reasons for the complaint and arguments to support it.

  4. The Seller has 14 business days following the receipt of the complaint to consider the same.

  5. When the complaint about a Product is accepted, the Seller will provide the Service again without any surcharge. If it proves impossible, the Seller will reimburse the Client for the fees paid for the order.


§ 9

Right to cancel the contract

  1. The Service offered on the Website involves digital content being supplied not on a tangible medium; the service can be started only with the express consent of the consumer given before the lapse of the contract cancellation period and the Client having been previously notified by the Seller of the expiry of their right to contract cancellation.


§ 10

Out-of-court complaint and redress mechanism

  1. The Seller agrees that any possible disputes arising in connection with the distance contracts concluded will be resolved by mediation. Details will be given by the parties in dispute.

  2. The Consumer can make use of out-of court complaint and redress mechanisms. To this end, they can make a complaint via the EU online dispute resolution platform at: http://ec.europa.eu/consumers/odr/ .


§ 11

Personal data and Cookies

The Terms and Conditions of personal data processing and use of cookies are set out in the Privacy and Cookies Policy at: https://neverforget.video/privacy-policy.


§ 12

Contact

The Client can contact the Seller:

    1. via e-mail at: info@keox.co.uk

    2. in writing, at: Keox Limited, 61 Bridge Street, Kington HR5 3


§ 13

Final provisions

  1. Contracts concluded via the Website are made in English.

  2. The Terms and Conditions become effective when published on the Website.

  3. The Seller reserves the right to change the Terms and Conditions for important reasons, i.e. due to an amendment to legal regulations, a change in payment and supply methods, to the extent that such changes affect the enforcement hereof. Changes take effect when published in the Shop.

  4. Contracts concluded before a change in the Terms and Conditions are subject to the Terms and Conditions applicable as at the contract date.

  5. Issues not regulated hereunder are governed by the provisions of the generally applicable British law.