These Terms govern
the use of this Application, and,
any other related Agreement or legal relationship with the Owner
These Terms govern
The User must read this document carefully.
This Application is provided by: TakeProfit Inc - 340 S Lemon Ave #8818, Walnut, CA 91789, USA
Owner contact email: firstname.lastname@example.org
Latest update: February 02, 2022
The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly
called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal”
within this document.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are
additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner. Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their username and
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Users can terminate their account and stop using the Service at any time by doing the following:
By directly contacting the Owner at the contact details provided in this document.
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice,
User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation,
damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User
from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on this Application is
owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes
no applicable legal provisions or third-party rights. However, it may not always be possible to achieve
such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth
below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third
parties or create derivative works from the content available on this Application, nor allow any third
party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content
available through this Application for its sole personal and non-commercial use and provided that the
copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
The Owner allows Users to upload, share or provide their own content to this Application.
By providing content to this Application, Users confirm that they are legally allowed to do so and that
they are not infringing any statutory provisions and/or third-party rights.
Users acknowledge and accept that by providing their own content on this Application they grant the Owner
a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation
and maintenance of this Application as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they
provide to this Application.
Users acknowledge, accept and confirm that all content they provide through this Application is provided
subject to the same general conditions set forth for content on this Application.
Users are solely liable for any content they upload, post, share, or provide through this Application.
Users acknowledge and accept that the Owner filters or moderates such content in a preventative manner.
Therefore, the Owner reserves the right to refuse, censor, remove, delete, block or rectify such content
at its own discretion and to deny access to this Application to the uploading User without prior notice,
if it considers such content to infringe any applicable legal provision or third party right, or to
otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided
such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to
content they provided to or provided through this Application.
Through this Application Users may have access to external resources provided by third parties. Users
acknowledge and accept that the Owner has no control over such resources and is therefore not responsible
for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any
possible grant of rights in content, result from each such third parties’ terms and conditions or, in the
absence of those, applicable statutory law.
This Application and the Service may only be used within the scope of what they are provided for, under
these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service
violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate
interests including by denying Users access to this Application or the Service, terminating contracts,
reporting any misconduct performed through this Application or the Service to the competent authorities –
such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any
of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.
Any intellectual or industrial property rights, and any other exclusive rights on software or technical
applications embedded in or related to this Application are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner
merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the
software and/or any other technical means embedded in the Service within the scope and for the purposes of
this Application and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code.
All techniques, algorithms, and procedures contained in the software and any documentation thereto related
is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of
Some of the Products provided on this Application, as part of the Service, are provided on the basis of
The fees, duration and conditions applicable to the purchase of such Products are described below and in
the dedicated sections of this Application.
Prices, descriptions or availability of Products are outlined in the respective sections of this
Application and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible,
representation on this Application through any means (including, as the case may be, graphic material,
images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the User the
obligation to pay the price, taxes and possible further fees and expenses, as specified on the order
In case the purchased Product requires active input from the User, such as the provision of personal
information or data, specifications or special wishes, the order submission creates an obligation for
the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been
All notifications related to the described purchasing process shall be sent to the email address provided
by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and
costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related
information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does
not collect any payment information – such as credit card details – but only receives a notification once
the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner
shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the
failed or refused payment shall be borne by the User.
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become
the User’s property.
Deliveries are made to the address indicated by the User and in the manner specified in the order
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay,
using the contact details provided in this document or as described in the delivery note. Users may refuse
to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this
Delivery times are specified on this Application or during the purchasing process.
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the
execution of the purchase order by the User, nor for any damages or delays after handover to the carrier
if the latter is arranged by the User.
If the goods are not received or collected at the time or within the deadline specified, the goods will be
returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the
future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period
specified below (generally 14 days), for any reason and without justification. Users can learn more about
the withdrawal conditions within this section.
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a
statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance
contracts) within the specified period applicable to their case, for any reason and without
Users that do not fit this qualification, cannot benefit from the rights described in this section.
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their
intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of
this document. Users are, however, free to express their intention to withdraw from the contract by making
an unequivocal statement in any other suitable way. In order to meet the deadline within which they can
exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Regarding the purchase of goods, the withdrawal period expires 14 days
after the day on which the User or a third party – other than the carrier and designated by the User –
takes physical possession of the goods.
Regarding the purchase of several goods ordered together but delivered
separately or in case of purchase of a single good consisting of multiple lots or pieces delivered
separately, the withdrawal period expires 14 days after the day on which the User or a third party –
other than the carrier and designated by the User – acquires physical possession of the last good, lot
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the
Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the
least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day
on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise
agreed with the User, reimbursements will be made using the same means of payment as used to process the
initial transaction. In any event, the User shall not incur any costs or fees as a result of such
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to
the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any
event within 14 days from the day on which they communicated their decision to withdraw from the
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above,
before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld
until reception of the goods, or until Users have supplied evidence of having returned the goods,
whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods
outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.
Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the
goods they sell. This means that traders must ensure that the goods purchased have the promised quality,
or the quality that can be reasonably expected, functionality or characteristics for at least two years
after they’ve been delivered to the purchaser.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the
items available on this Application in accordance with the laws of the country of their habitual
National laws of such country may grant such Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in
accordance with the legislation of the country of their habitual residence.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy
which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and
Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the
fullest extent permitted by law, our liability to the User, including liability for a breach of a
at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having
the services supplied again.
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at
Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all
conditions, representations, and warranties — whether express, implied, statutory or otherwise,
including, but not limited to, any implied warranty of merchantability, fitness for a particular
purpose, or non-infringement of third-party rights. No advice or information, whether oral or written,
obtained by user from owner or through the Service will create any warranty not expressly stated
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers,
directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is
accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be
available at any particular time or location, uninterrupted or secure; that any defects or errors will
be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded
or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be
solely responsible for any damage to Users’ computer system or mobile device or loss of data that
results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service
advertised or offered by a third party through the Service or any hyperlinked website or service, and
the Owner shall not be a party to or in any way monitor any transaction between Users and third-party
providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile
device, and/or operating system. The owner cannot be held liable for any perceived or actual damages
arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of
certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users
specific legal rights, and Users may also have other rights which vary from state to state. The
disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable
any indirect, punitive, incidental, special, consequential or exemplary damages, including without
limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of
or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of
the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal
information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the
any errors or omissions in any content or for any loss or damage incurred as a result of the use of
any content posted, emailed, transmitted, or otherwise made available through the Service;
the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the
Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers
and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or
costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12
months, or the period of duration of this agreement between the Owner and User, whichever is
This limitation of liability section shall apply to the fullest extent permitted by law in the
applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if company has been advised of the possibility of such
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,
therefore the above limitations or exclusions may not apply to User. The terms give User specific legal
rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The
disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent
prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all
claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including,
but not limited to, legal fees and expenses, arising from
User’s use of and access to the Service, including any data or content transmitted or received by
User’s violation of these terms, including, but not limited to, User’s breach of any of the
representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or
intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique
username, password or other security measure, if applicable, including, but not limited to,
misleading, false, or inaccurate information;
User’s wilful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners,
suppliers and employees to the extent allowed by applicable law.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of
any such right or provision. No waiver shall be considered a further or continuing waiver of such term or
any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for
maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the
Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or
information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control,
such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of
its Service without the Owner’s express prior written permission, granted either directly or through a
legitimate reselling programme.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as
copyrights, trademark rights, patent rights and design rights related to this Application are the
exclusive property of the Owner or its licensors and are subject to the protection granted by applicable
laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks,
illustrations, images, or logos appearing in connection with this Application are, and remain, the
exclusive property of the Owner or its licensors and are subject to the protection granted by applicable
laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the
Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not
wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms,
may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User
can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights
or obligations under these Terms, taking the User’s legitimate interests into account. Provisions
regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the
written permission of the Owner.
All communications relating to the use of this Application must be sent using the contact information
stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the
invalidity or unenforceability of such provision shall not affect the validity of the remaining
provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent
reasonably required to render it valid, enforceable and consistent with its original intent. These Terms
constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and
supersede all other communications, including but not limited to all prior agreements, between the parties
with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do
their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby
substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular
provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are
essential to the Agreement, or of such importance that the parties would not have entered into the
contract if they had known that the provision would not be valid, or in cases where the remaining
provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant
section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual
residence in a country where the law provides for a higher consumer protection standard, such higher
standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with
the courts of the place where the Owner is based, as displayed in the relevant section of this
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in
Switzerland, Norway or Iceland.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any
controversy regarding the use of this Application or the Service, Users are kindly asked to contact the
Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the
related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that
facilitates an out-of-court method for solving any dispute related to and stemming from online sale and
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts
which have been entered into online. The platform is
available at the following link.
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these
Any User that does not qualify as a Consumer.
Applies where a User is physically present or has their registered offices within the EU, regardless of
TakeProfit Inc. - 340 S Lemon Ave #8818, Walnut, CA 91789, USA
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the
provision of the following service:
_____________________________________________ (insert a description of the goods/services that are
subject to the respective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
(sign if this form is notified on paper)
Indicates the natural person(s) or legal entity that provides this Application and/or the Service to
A good or service available for purchase through this Application, such as e.g. physical goods, digital
files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by this Application as described in these Terms and on this Application.
All provisions applicable to the use of this Application and/or the Service as described in this document,
including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using this Application.
Any User qualifying as a natural person who accesses goods or services for personal use, or more
generally, acts for purposes outside their trade, business, craft or profession.
Owner and Data Controller
TakeProfit Inc. - 340 S Lemon Ave #8818, Walnut, CA 91789, USA
Owner contact email: email@example.com
Latest update: February 02, 2022