Takealytics Terms of Service

Last Updated August 2020

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Takealytics is not affiliated or endorsed by Deliveroo, Just Eat or Uber Eats in any way. Takealytics provides web-scraped data from public domain sources. All trademarks are the property of their respective owners.

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By accessing the Service and Data at Takealytics.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

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Usage License

Permission is granted to download the materials (information or software) on the Takealytics website and Service for as long as your use case requires. This is the grant of a license, not a transfer of title, and under this license you may not:

• Attempt to decompile or reverse engineer any software contained on the Takealytics website or Service.

• Remove any copyright or other proprietary notations from the materials.

• Mirror the materials on any other server as-is with no-value-added.

• Attempt to circumvent any restrictions or limits placed on your account.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Takealytics at any time, with or without cause, with or without notice, effective immediately. Upon terminating your Takealytics subscription or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, waiver and release, indemnity and limitations of liability.

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Data License

As part of the Takealytics Service, Takealytics collects and generates certain Data by aggregating information regarding publicly available web pages, utilizing Takealytics's proprietary technology. This Data does not contain any personally identifiable information regarding any end users. As part of the Service, certain Data is made publicly available to end-users.

Data accessible through Takealytics may contain third party content (such as text, images, videos). This content will remain the sole responsibility of those who make it available. In some cases content accessible through our analytics may also be subject to intellectual property rights. If this is the case you may not use it unless you are licensed to do so or are otherwise permitted by law.

Unless applicable by law or expressly permitted by the owner, you will not, and will not permit your end users or others acting on your behalf to, do any of the following with the Data returned from the analytics:

• Misrepresent the ownership or the source.

• Obscure, remove or change any copyright, trademark, or other proprietary notices.

• Falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

Unless expressly authorised herein, you may not publicly release or disclose any data or usage statistics or other information regarding the Data.

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Accuracy of Materials

The materials appearing on the Takealytics website and Service could include technical, typographical, or photographic errors. Takealytics does not warrant that any of the materials on its website are accurate, complete or current. Takealytics may make changes to the materials contained on its website at any time without notice. However Takealytics does not make any commitment to update the materials.

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Payment

By selecting a paid plan you agree to pay Takealytics the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid plan and will cover the use of that service for a monthly or annual subscription period as indicated. You represent and warrant that you are authorised, or have the permission of the authorised signatory of the credit card or charge card provided to Takealytics, to pay any fees incurred from use of the Service.

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Unless you notify Takealytics before the end of the applicable subscription period that you want to cancel a paid account, your paid subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

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Copyright Infringement

If you believe that your own copyrighted work is accessible on the Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains the following written information:

• A description identifying in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so it may be accurately located using the URL. Where multiple works are at issue please provide a list of URLs or sufficient information to locate the alleged infringing material.

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.

• A statement by you that you have a good-faith belief that the disputed use is unauthorised by the copyright owner, its agent, or the law.

• A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Also please include your name, mailing address, telephone number and email address.

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Disclaimer

The materials on the Takealytics website and Service are provided on an 'as is' basis. Takealytics makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Takealytics does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

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Indemnification

You will defend, indemnify and hold Takealytics harmless against any third party claims, liabilities or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third party arising out of

(i) allegations that Customer's usage of the Takealytics Service infringes or misappropriates any trademark, copyright or other intellectual property of any third party,

(ii) Customer’s use of Data,

(iii) Takealytics services that are modified by Customer if the alleged infringement relates to such modification;

(iv) Takealytics services that are combined with any Customer product, process or materials where the alleged infringement relates to such combination;

(v) Customer’s use of a version of the Takealytics services other than the version that was current at the time of such use;

(vi) infringement or misappropriation of any proprietary right in which Customer has an interest; or

(vii) your breach or alleged breach of any of your obligations or representations under this Agreement.

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Limitations

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In no event shall Takealytics or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Takealytics website, even if Takealytics or a Takealytics authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

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Links

Takealytics has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Takealytics of the site. Use of any such linked website is at the user's own risk.

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Modifications

Takealytics may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

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Governing Law

These terms and conditions are governed by and construed in accordance with the laws of United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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