We (the Pandas at Just Panda (PTY) LTD trading as Web Panda) are on a mission to make the web a better place. We hope you love our products and services as much as we love providing them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms are under a Creative Commons Sharealike license.
These Terms govern your access to and use of webpanda.co.za, as well as all content and Web Panda products and services (for example, ecommerce services as outlined below in Section 7e) available at or through these websites (collectively, “Services”). These Terms also govern visitors’ access to and use of any websites that use our Services, such as websites hosted on webpanda.co.za that are operated by our users. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Web Panda’s Privacy Policy), and procedures that may be published from time to time by Web Panda (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with “Just Panda (PTY) LTD trading as Web Panda” or “we” throughout these Terms.
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a webpanda.co.za account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
Fees for Paid Services. Our Services are offered for a fee, such as Hosting, Email plans, Website plans, and some Ecommerce Services (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees (for example, Hosting fees, email fees, website fees, and fees associated with specific features, such as Recurring Payments and domain name registration and renewal). Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a Website monthly plan, you will be charged each month for the following 1-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your Client Area.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s site. For example, you can manage all of your webpanda.co.za plans through your webpanda.co.za Client Area. To cancel a webpanda.co.za plan, go to your Client Area, click on the plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each subscription you wish to cancel.
Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
Fees Paid to Websites or Website Owners. Website owners may choose to sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. Please note that we are not involved in a website’s subscription details, or a website’s store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you purchase items or subscriptions from a website, your purchase is directly from the website owner, who is solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
Automatic Renewal. Any recurring payments you make to a website owner (such as a website subscription) are automatically renewed. This means that unless you cancel your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments will be renewed for the same interval of time as your original subscription period. For example, for an annual renewal schedule for your website subscription, you will be charged each year. You can view your renewal date by visiting your Other Sites page.
Cancelling Automatic Renewal of Website Subscriptions. You can manage and cancel your website subscriptions at your Other Sites page. Click on the automatically renewing payment you wish to cancel, then follow the instructions to cancel. You must repeat this process for each website subscription you wish to cancel.
Refunds. We are not responsible for refunds for fees paid to a website owner because those transactions are between website owners and their users. If you would like to request a refund for any fees paid to a website or website owner, please contact the website owner. If you have a complaint regarding a website owner, you can contact us.
You represent and warrant that your use of our Services:
webpanda.co.za enables you to create beautiful websites and blogs, and we would love for you to use it. A webpanda.co.za account also allows you to sign into some of our Services. webpanda.co.za services are paid plans. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. Be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. If you find a webpanda.co.za website that you believe violates these Terms, please inform us dispute resolution and reporting.
Your webpanda.co.za Website. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.
License. By submitting Content to Web Panda for inclusion on your website, you grant Web Panda a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license also allows Web Panda to make any publicly-posted Content available to third parties selected by Web Panda so that these third parties can analyze and distribute (but not publicly display) the Content through their services.
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on WebPanda.co.za, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Web Traffic. We use a third party to measure WebPanda’s audience and usage. By hosting your website on WebPanda.co.za, you agree to assign the traffic relating to your website to Web Panda and authorize us to sign a Traffic Assignment Letter on your behalf for audience measurement reports. Your website’s traffic will be included under Web Panda. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or the Third party require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
Prohibited Uses. By using WebPanda.co.za, you represent and warrant that your Content and conduct do not violate the Terms of Service.
HTTPS. We offer free HTTPS on all WordPress websites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on WebPanda.co.za, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.
Advertisements. We reserve the right to display advertisements on your website unless you have purchased a plan that includes the removal of ads.
Attribution. We reserve the right to display attribution text or links in your website footer or toolbar, attributing WebPanda.co.za or the theme author, for example. Some of these attributions may not be altered or removed.
Domain Names. We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register a domain name on WebPanda.co.za, or when you transfer an existing domain name to WebPanda.co.za, you become bound by the relevant registrar’s terms and conditions, in addition to these Terms. When you register a domain, you are presented with and agree to the relevant domain registration agreement. These registrar terms are incorporated by reference into these Terms.
There are certain features offered via WooCommerce, WooCommerce Services, that enable you to sell items (goods, content, services, etc.) or collect payments on your website, such as Store, Simple Payments, and Recurring Payments (collectively, “Ecommerce Services”). If you use WooCommerce, the WooCommerce Use Terms also apply.
Usage of Information. WooCommerce Services may require webpanda.co.za servers, a connection to our partners, and/or data from your website, to work.
Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Services or force refunds to your subscribers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms. If you’re using Ecommerce Services on WebPanda.co.za.
Third Party Services. You may choose to set up and/or use third party services, such as Stripe or PayPal to collect payment, TaxJar to calculate Taxes, or EasyPost to manage shipping. If you do so, be aware that some of your — and your customers’ — data may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. For example, if you use Recurring Payments, you must create or use an existing Stripe account to manage payments, and by using Stripe, you agree to their terms and policies. Please note that third party services may also charge you fees to use or access their services, for example, as Stripe does for Recurring Payments.
We are not involved in these relationships, but may facilitate communication in some cases. For example, we may, on your behalf, receive notices or forms relating to your Stripe account.
Please note that some of these third party services (like TaxJar) may be enabled by default, but you may disable them before your store is set up. If you do not want to use these third party services, please disable them.
Tax Calculations. You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services (for example, tax calculations may be provided by TaxJar) allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
If we are obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.
Shipping Services.You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions and mailing standards, among others.
In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments.
Your Responsibilities. You are solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a WebPanda product or service violates your copyright, please notify us info@webpanda.co.za. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WebPanda or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
The Agreement does not transfer from WebPanda to you any WebPanda or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with WebPanda. WebPanda, the WebPanda.co.za logo, and all other trademarks, service marks, graphics, and logos used in connection with WebPanda.co.za or our Services, are trademarks or registered trademarks of Just Panda (PTY) LTD or Webpanda’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any WebPanda or third party trademarks.
In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, or applications developed by a third party or yourself (“Third Party Services”) on your website. If you use any Third Party Services, you understand that:
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
If you purchase a G Suite subscription, this section applies. G Suite is provided by Google, and your use of G Suite is subject to Google’s Terms of Use for the services, which you’ll accept prior to using G Suite for the first time. WebPanda makes no warranties about the services provided by Google, and disclaims Google’s liability for any damages arising from use with their services. Google will provide technical support for its services, per its Technical Support Services Guidelines. If you’re a business and purchase G Suite for your WebPanda.co.za website, you represent that you have 749 or fewer staff members.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of WebPanda, or by the posting by WebPanda of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Webpanda policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and/or burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your WebPanda.co.za account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided “as is.” WebPanda and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WebPanda, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of South Africa, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Johannesburg, South Africa.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules. The arbitration shall take place in Johannesburg, South Africa, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
In no event will Web Panda, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed R350 or the fees paid by you to Web Panda under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Web Panda shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Web Panda, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable SA Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
These Terms were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between Web Panda and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Web Panda may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
