By entering or utilizing https://www.takeabot.co.za/ or any associated blogs, websites, applications, or platforms (collectively referred to as "the Website"), which is owned by Takeabot (PTY) Ltd. (reg: 2024/024752/07) ("Takeabot"), or any of its Services, you affirm that you have read, comprehended, and agreed to adhere to the terms and conditions outlined herein ("Terms"). This agreement is in conjunction with any additional Takeabot terms that are specifically applicable to you and the Services you engage with. Takeabot explicitly reserves all rights to the content on the Website.
Please refer to Takeabot's dedicated sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please pay particular attention to the BOLD paragraphs in the Takeabot Terms. These paragraphs serve to limit Takeabot’s risk or liability, assume certain risks or liabilities by users, impose obligations on users to indemnify Takeabot, or acknowledge specific facts by users.
It is crucial to carefully read these terms before accessing or using the Website or Services. If you choose to continue accessing or utilizing the Website, Takeabot will assume that you have read and comprehended these terms.
It is important to note the following:
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The terms "user," "you," and "your" are used interchangeably throughout these Terms, encompassing all individuals accessing the Website or using the Services for any reason. Consequently, the terms "us," "our," or "we" refer to Takeabot or its possessions.
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Not all terms are necessarily defined in order.
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These terms were updated on 26 of January 2024.
1.1. Takeabot offers an online software as a service platform, providing a range of services. These include, but are not limited to, offering users data analytics and sales services. The focus is on assisting merchants selling on various e-commerce platforms to gain a better understanding of their sales and inventory through Takeabot's data analysis (collectively referred to as the "Services").
1.2. These Terms outline the conditions governing users' use of the Website and the fundamental provisions applicable to their utilization of any Services provided by Takeabot. Depending on the specific Services availed, users might need to enter into additional agreements with Takeabot. These agreements will contain more detailed and/or specific conditions related to the exact Service obtained, including specific services and applicable fees.
1.3. In exchange for using certain Services, users may be required to pay a fee to Takeabot or another third party ("Fee"). The details of such fees will be provided to users on the Website before incurring them or in any subsequent Service-specific agreement concluded with Takeabot or another third party. Refer to Takeabot Pricing for a breakdown of applicable fees for your use of the Services.
1.4. To access most of the Services, users must register on the Website using the provided methods and submit any necessary information to create a user Profile.
1.5. The Website and these Terms are subject to change without prior notice. The Terms are periodically updated or amended, becoming effective when Takeabot uploads the revised Terms to the Website. Continued access or use of the Website implies acceptance of the Terms, as amended. It is the user's responsibility to periodically review these Terms to stay informed of any changes.
1.6. Unauthorized use of the Website may result in a claim for damages and/or constitute a criminal offense.
2.1. In the provision of all Services, Takeabot maintains no employment, agency, intermediary, advisory, representative, or broker relationship with any user. Your decision to use the Website, the Services, and/or any information obtained from either is entirely at your own risk, based on your own discretion and expertise.
2.2. Takeabot does not offer regulated financial, advisory, banking, or payment services. Consequently, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, except for those related to general consumer rights.
2.3. Concerning subscription purchases made via the Website, Takeabot assumes the role of the "seller" for the respective products, while the involved user takes on the role of the "buyer." This classification dictates their respective duties and obligations in accordance with applicable laws.
3.1. To access the Services, it is imperative to complete the outlined registration process on the Website and obtain a Profile. Each user is limited to one (1) Profile and commits to providing accurate, current, and comprehensive information during registration, with a commitment to update such details promptly.
3.2. Takeabot necessitates the submission of your full name, email address, and phone number during the Profile registration. Depending on the specific Services acquired, users can configure additional features for their Profile, guided by prompts on the Website.
3.3. For the protection of your privacy and security, the Website employs reasonable measures to verify your identity. Access to your Profile and data is granted by combining a password with the provided email address. To review or modify your provided personal information, visit the settings page while logged into your profile (https://www.takeabot.co.za/users/profile/).
3.4. By entering personal information on the Website, you affirm that the individual using the Website is either you or someone for whom you hold the legal authority to act on behalf, especially in the case of a corporate entity. You bear responsibility for your Profile and all associated actions, and it is advised not to share login details or passwords.
3.5. For more insights into how Takeabot utilizes and processes your personal information, refer to Takeabot’s Privacy Policy.
4.1. Following registration, the user gains control over a unique Profile, which can be managed using various tools provided on the Website. Certain features of the Website may automatically adjust or manipulate a Profile based on the functions of the respective tools.
4.2. Your Profile will display your notification preferences, contact details, and other settings pertinent to your account's operation.
4.3. For detailed information on the array of Services offered by Takeabot or those tailored to your needs, refer to the relevant pages on the Website (https://www.takeabot.co.za/) or contact info@takeabot.co.za for assistance.
4.4. For general awareness, and subject to additional information about these Services provided by Takeabot on the Website or elsewhere, the following outlines some exciting offerings constituting our Services:
4.4.1. Obtaining Critical Insights and Data Analytics Services Derived from Takealot:
- Users can access and use Takeabot's data analytics services by analyzing their sales data from relevant e-commerce platforms. This access is authorized by the user, who provides Takeabot with the necessary account credentials. Takeabot offers valuable insights into markets, customer behavior, and spending habits.
- Access to these services is contingent on users purchasing a subscription package from Takeabot, specifying the type of service access.
- For subscription details and associated fees, visit https://www.takeabot.co.za/.
- Refer to our FAQ page for more information on how this service operates.
4.4.2. Managing and Updating Product-Related Information on Various E- commerce Platforms:
- Users can update product information, including pricing and stock availability, by performing updates on Takeabot and related e-commerce platforms via their APIs.
- For details on how this service operates, consult our FAQ page.
4.5. Users acknowledge that any information or insights provided on the Website or as part of the Services are general in nature and offered "as is." Users are responsible for their decisions and actions related to the Website, Services, or any derived information.
5.1. While the general use of the Website and some Services is free, specific Services incur a Fee payable by the user to Takeabot. The Fee for certain Services is determined as follows:
5.1.1. To acquire a subscription for accessing the relevant data analysis Services on the Website, users must apply through the provided links and prompts, selecting from the available subscription packages:
5.1.1.1. Free Package: Monthly subscription at no cost. Basic sales and product analytics, Intelligent automatic pricing for 10 products, 15 free invoices every month.
5.1.1.2. Business Package: Monthly subscription of One Hundred Ninety Rand (R190). Full access to all features. No limited for invoices or Intelligent automatic pricing.
5.1.1.3. Annual Business Package: Annual subscription of Two Thousand One Hundred Rand (R2100). Full access to all features as in Business Package.
5.2. Following the debit of the user's account, a monthly tax invoice will be sent to the email address specified in their Profile settings.
5.3. Takeabot is dedicated to ensuring secure online payment processes, employing encryption technology provided by authenticated payment service providers.
5.4. Fee payments will be collected through PeachPaymentsTM or other licensed and verified payment systems.
5.5. When utilizing Peach Payments (Pty) Ltd. (“Peach Payments”):
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5.5.1. The Website employs Peach Payments as an offsite third-party payment gateway to secure banking details.
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5.5.2. Users may need to create a Peach Payments account and agree to its applicable terms and conditions.
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5.6. Advertised prices and Fees include Value Added Tax (“VAT”), delivery charges, and other applicable taxes/fees, unless otherwise stated and required by law. Additional charges and VAT specific to a transaction will be clearly indicated during checkout.
5.7. For a comprehensive transaction history with Takeabot, users can email info@takeabot.co.za or visit their profile.
6.1. When utilizing the Website and/or Services, you affirm that:
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6.1.1. You have read and accepted these Terms, committing to use the Website and Services accordingly.
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6.1.2. You acknowledge that Takeabot is not a regulated financial, advisory, educational, banking, or payment service provider. You take full responsibility for your decisions made through the Website and/or Services.
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6.1.3. The information provided during the registration process is truthful, accurate, and complete regarding yourself, your company, and/or your status.
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6.1.4. You are over 18 years old and possess the legal capacity to understand, agree to, and be bound by these Terms.
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6.1.5. You lawfully own and submit all information to the Website and/or Takeabot for its use or the provision of Services.
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6.1.6. You will supply Takeabot with all necessary technological, electronic, physical, and Takealot access tools required for Takeabot to carry out its Services.
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6.1.7. You will refrain from posting, uploading, replicating, or transmitting any content on the Website that could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, breaching confidence, invading privacy, or restricting other users' proper use of the Website.
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6.1.8. You will not send unsolicited electronic messages or use any software, routine, or device to interfere with the operation or functionality of the Website. This includes refraining from uploading files with corrupt data or viruses or defacing, altering, or interfering with the Website's front end appearance or underlying software code.
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6.1.9. You will not infringe on the intellectual property or other rights of any third party or the Website. Additionally, you will not transmit content that you do not own or do not have the right to publish or distribute.
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6.1.10. You will not use the Website platform for any commercial purpose other than explicitly provided for by Takeabot in these Terms.
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6.1.11. You shall refrain from using the Website to violate any applicable law or regulation, engage in or promote any illegal activities, including but not limited to the unauthorized use of intellectual property, promoting or facilitating money laundering, or involvement in financial crimes.
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6.1.12. You will not aid or abet any third party in engaging in any of the aforementioned activities.
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6.2. The Website is accessible only on compatible devices connected to the internet. It is your responsibility to acquire these devices and any necessary data network access for utilizing the Website. You will be responsible for any data and messaging rates and fees imposed by the network if you use the Website.
6.3. Takeabot reserves the right, without prejudice to its other rights (whether legal or otherwise), to deny you access to the Website or Services if Takeabot reasonably believes that you are breaching any of these Terms.
6.4. Takeabot does not provide assurance that the Website, or any part thereof, will operate on any specific hardware or device.
7.1. Takeabot places significant emphasis on the meticulous processing of your personal information, adhering to the highest legal standards in South Africa.
7.2. For detailed insights into how we precisely handle your personal information when using the Website and/or Services, please refer to our comprehensive Privacy Policy.
8.1. The user's utilization of various parts of the Website or specific Services may be subject to regulation by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) laws along with respective rules and regulations.
8.2. At its sole discretion, Takeabot may, under various circumstances, including transaction amounts and user nature, request users to provide specific information to comply with Takeabot's KYC and/or AML requirements and/or local or foreign laws. This information may encompass identity documents, passport details, and/or bank account information. Takeabot reserves the right to limit or terminate a user’s access and use of Services if they fail to meet these requirements as per Takeabot's standards. The company also reserves the right to share this information with legal authorities when mandated by applicable laws.
8.3. Takeabot may restrict user transactions that breach laws or Takeabot’s internal KYC or AML conditions herein, subject to periodic updates.
9.1. Data messages, including email messages, sent to Takeabot by you will be acknowledged or responded to before considered received.
9.2. Data messages sent by Takeabot to you are acknowledged as received when the entire data message enters an information system designated or used by the recipient and is retrievable and processable by the recipient.
9.3. Takeabot reserves the right to refrain from responding to any email or data message containing obscene, threatening, defamatory, or otherwise illegal content and will take appropriate action against the sender if necessary.
9.4. Messages sent over the internet lack complete security guarantees as they may be intercepted, lost, or corrupted. Takeabot disclaims responsibility for the accuracy or safety of any message sent via email or automated systems over the internet, whether from Takeabot to a user, between users, or from a user to Takeabot.
10.1. The Website might contain links to other internet sites ("other sites"). Takeabot neither owns nor endorses these other sites and assumes no responsibility for the information, material, products, or services found on or accessible through them. Inclusion of such hyperlinks does not imply endorsement, agreement, or support for the content or products of these target sites.
10.2. Takeabot does not claim ownership of the content on other sites that may be displayed on the Website. If the owner of any content showcased on the Website wishes for its removal, please contact info@takeabot.co.za to request the content's removal.
10.3. The user’s access and use of other sites are solely at their own risk and are subject to the terms set by the respective third-party operators of those sites.
11.1. The Website may feature advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that submitted material complies with all applicable laws and regulations.
11.2. Takeabot, along with its members, employees, suppliers, partners, affiliates, and agents, expressly disclaims, to the maximum extent permitted by law, any responsibility or liability for errors or inaccuracies in advertising or sponsorship material.
12.1. All elements of the website, including layout, content, data, software, icons, text, graphics, images, advertisements, video clips, user interface design, trade names, logos, trademarks, designs, copyrights, and/or service marks, along with the underlying software code and user-submitted content used in Takeabot's Services, ("intellectual property"), are owned (or co-owned or licensed) by Takeabot, its shareholders, associates, and/or partners, directly or indirectly. These elements are protected from infringement by domestic and international laws and treaties.
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12.1.1. Clarification is provided that users retain all rights to any intellectual property they provide to the Website. However, users grant Takeabot a non-exclusive, non- transferable license to use their intellectual property on the Website and/or in advertising as Takeabot deems appropriate for as long as the user remains registered.
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12.2. Except for the rights granted in these Terms, all other rights to the intellectual property on the Website are expressly reserved. Users may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property without prior written consent from Takeabot. Any unauthorized modification is prohibited. Breach of these provisions may result in legal proceedings and a claim for damages.
12.3. Takeabot reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics, and other materials on the Website, including user Profiles, or to suspend or terminate the Website, at any time without notice. However, transactions or functions already concluded will not be affected.
12.4. Where the Website's intellectual property has been licensed to Takeabot or belongs to a third party, rights of use are subject to terms and conditions imposed by that licensor or third party, which users agree to comply with.
12.5. Subject to adherence to the Terms, users are granted a personal, non-exclusive, non-assignable, and non-transferable license to use and display all content and information on the Website. However, no license or right to use any intellectual property is granted without prior written permission from Takeabot.
12.6. Any inquiries regarding intellectual property should be directed to Takeabot at info@takeabot.co.za.
13.1. The Website and Services, including any intellectual property within them, are provided on an "as is" and "as available" basis. Takeabot makes no express or implied representations or warranties, including accuracy, correctness, or suitability of the Website, Services, or the information derived from them.
13.2. User-generated information or opinions on the Website regarding Services are the authors' views and not endorsed by Takeabot. While efforts are made to present information accurately, Takeabot does not endorse or guarantee the accuracy or completeness of such information.
13.3. Takeabot, its shareholders, employees, and partners bear no liability for any loss, whether direct or indirect, arising from information on the Website, transactions, or Services, including information about specific users.
13.4. Takeabot, its shareholders, employees, partners, and affiliates disclaim liability for costs, expenses, fines, or damages, including direct or indirect losses, economic loss, consequential loss, loss of profits, or punitive damages resulting from the provision of Services or Website access.
13.5. While Takeabot implements security measures for the Website's safety and integrity, it does not guarantee uninterrupted or error-free access. Takeabot does not warrant that the Website will be free of bugs, viruses, worms, trojan horses, or harmful components. User access remains at their own risk, and precautions should be taken accordingly.
14.1. The user agrees to indemnify and absolve Takeabot, its shareholders, employees, and partners from any claims, legal actions, or proceedings, including attorneys' fees and associated costs, initiated by a third party and stemming from the user's utilization of the Website and/or Services provided through the Website.
14.2. The user commits to indemnify, defend, and exempt Takeabot from any direct or indirect responsibilities, losses, claims, and expenses (including reasonable legal fees) linked to the user's violation of these Terms.
14.3. This provision remains effective even after the termination of the agreement.
15.1. Site owner: Takeabot
15.2. Legal status: private profit limited liability - (Pty) Ltd.
15.3. Registration number: 2024/024752/07
15.4. Director: Moiseev Kirill
15.5. Description of main business: online software as a service provider
15.6. Telephone number: +27 79 427 53 97
15.7. Email address: info@takeabot.co.za
15.8. Website address: www.takeabot.co.za
15.9. Physical address: 2G Bridgeway, Century City, Cape Town, 7441
15.10. Postal address: 2G Bridgeway, Century City, Cape Town, 7441
15.11. Registered address: 2G Bridgeway, Century City, Cape Town, 7441
15.12. Industry associations of which a member: None
16.1. The user's use of the Website and Services, along with any materials downloaded and the application of these Terms (including any transactions carried out as a result), shall be governed by and interpreted in accordance with the laws of the Republic of South Africa exclusively.
16.2. In case of any disputes or disagreements between a user and Takeabot concerning the use of the Website or Services, the parties will strive to resolve the matter amicably through negotiation, prioritizing the best interests of both parties.
16.3. If negotiations fail to resolve the dispute, the parties will engage an independent industry expert to mediate discussions, aiming to find a mutually agreeable solution.
16.4. If mediation proves unsuccessful, the parties will enter into binding and confidential arbitration, following the expedited rules of the Arbitration Foundation of Southern Africa ("AFSA"). The arbitrator will be selected by Takeabot, and proceedings will take place in Johannesburg in English.
16.5. Despite the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even if the dispute's monetary value is below the court's monetary jurisdiction. Either party may also utilize the dispute resolution services of any applicable legislative tribunal or ombud, as outlined in applicable legislation.
16.6. The parties mutually agree not to publicize the dispute on any social media or public platform. Both parties acknowledge that such publicity could cause substantial harm to the other party, potentially resulting in a financial claim against the party responsible.
17.1. In addition to its other rights outlined herein, Takeabot retains the right to terminate and cancel a user's Profile and use of the Website and/or Services for any breach of the Terms or any other reason at its sole discretion, provided reasonable notice is given.
17.2. Should a user wish to terminate the agreement with Takeabot or cease using the Services, they can do so by deregistering their Profile with the Website and discontinuing its use. However, this deregistration will not affect any existing lawful rights, such as the obligation to pay fees to Takeabot.
17.3. Upon the cancellation of the agreement, Takeabot will remove the user from the Website, delete their Profile, and erase any associated personal information.
18.1. Each party designates its service address for the purpose of issuing notices, serving processes, and addressing matters arising from these Terms as follows:
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18.1.1. Takeabot: info@takeabot.co.za
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18.1.2. User: The email and addresses provided by the user during the registration process and/or in their Profile.
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18.2. Either party has the right, through written notice, to change its service address to another non-post office box or poste restante address. However, the change will take effect 14 (fourteen) days after serving the notice.
18.3. Despite the above, any written notice in English that is actually received by the intended party will be considered properly given and received, even if not in strict accordance with this clause.
19.1. This agreement constitutes the complete understanding between the parties concerning the subject matter herein. Any changes, cancellations, variations, or additions must be in writing and signed by all parties or their authorized representatives, except as outlined in clause 1.5.
19.2. No leniency, indulgence, or extension of time granted by Takeabot will waive any rights under these Terms. Takeabot retains the right to enforce its rights against the user.
19.3. Singular terms include the plural, and vice versa. Gender-specific terms include all genders, and references to persons include partnerships, trusts, and bodies corporate, and vice versa.
19.4. Headings in the Terms are for reference only and do not affect the interpretation of the provisions.
19.5. The user's use of the Website, Services, and any transactions are governed by South African law.
19.6. For complaints or queries, contact Takeabot at info@takeabot.co.za.
19.7. In case of payment failure or breach, the user is liable for legal costs incurred by Takeabot.
19.8. Each part of the Terms is considered severable. If any part is held invalid, it does not affect the validity of the remaining provisions.
19.9. No term is intended to violate consumer protection laws. Breaches of such provisions are governed by clause 19.8.