Terms of Service
Acceptance of Terms
The WordPress plugins/extensions/themes, WooCommerce plugins/extensions & snippets, Joomla templates as redistributed via The Panda Club are licensed under the general public license (GNU). Some of the products that are sold on The Panda Club are created by third-party vendors. Whilst all of the WordPress code of those products is licensed under the GPL, there may be other content, such as images and Cascading Style Sheets (“CSS”) files, that are licensed under proprietary terms. Please review the licensing terms included with any purchases for the terms that apply to it.
All our free downloadable products are available for direct download. All paid downloadable products can be downloaded as a single product. Paid products will be accessible for download after payment is received and verified. To process our payments we use Paytm, Master Card, Visa, American Express and all major credit cards. You must agree with their terms and conditions before paying for any of our products. Your purchased information will be emailed to the email address. Normally our system creates the account after successful payment. There are some cases that your payment is not successfully done and then we have to review and process download information manually. So, delays can be as long as 1 hr up to 24 hrs depending on the situation and extent of investigation required after a fraud alert has been activated. Our system may save all downloads made by a user with a premium membership.
Provider offers digital media (software) that can be downloaded instantly after a purchase has been made. There is no “trial” or “grace period” after purchasing any product which means all sales are final. Once you have purchased the software, there is no way to “return” it. As such refunds can not be provided.
Provider products and designs are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third-party components and plugins. No technical support will be provided via email or phone but we only can provide support for Installing Theme or Plugin(Free/Paid)*. Third-party products provided are supported by their authors and not by Provider. Please review the support terms provided by the author of a product before purchasing it from the third party. Provider’s support is limited to billing and/or technical inquiries regarding The Panda Club website only.
Customers will be required to create an account when purchasing any products. They are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Customers are fully responsible for all activities that occur under their account and agree to immediately notify Provider of any unauthorized use of their account or any other breach of security. The provider will not be liable for any loss or damage arising from customer failure to comply with these terms. Provider requires all users to be 13 of age or older to sign up for an account. By creating an account a user represents that the user is 13 years of age or older.
Account Termination and Suspension
Provider reserves the right to suspend and/or terminate any user account without notice, in its sole and absolute discretion. No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination include:
- Abusive behavior and/or excessive negativity towards the Provider staff and/or other Provider customers;
- Repeated defamatory, malicious, and/or false statements including slander against Provider, and/or attempts to persuade potential customers away from purchasing Provider products;
- Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts;
- Provider reasonably believes that your account has been compromised, shared with others or for other security reasons;
- The products listed at The Panda Club are for individual use only and should not be redistributed or sold.
- In the case any user is found re-publishing any product (WordPress Theme or Plugin) downloaded from The Panda Club, such users will be blocked access to the site without any prior notice;
- Breach of Providers fair use policy
The provider 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 the Provider of the site. Use of any such linked website is at the user’s own risk.
Accuracy of materials
The materials appearing on Provider’s website could include technical, typographical, or photographic errors. The provider does not warrant that any of the materials on its website are accurate, complete or current. The provider may make changes to the materials contained on its website at any time without notice. However, the Provider does not make any commitment to update the materials.
Copyright / Trademark Claims
Provider respects intellectual property rights. To send a copyright infringement notification to Provider you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit Provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The provider does not provide any warranty. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PROVIDER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS GOODS OR SERVICES. FOR EXAMPLE, PROVIDER DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE GOODS OR SERVICES, THE SPECIFIC FUNCTION OF THE GOODS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE GOODS AND SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability For Our Products And Services
WHEN PERMITTED BY LAW, PROVIDER, AND PROVIDER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID PROVIDER TO USE PROVIDER’S GOODS AND/OR SERVICES. IN ALL CASES, PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Updates To TOS. The TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the TOS on this page, and they will become effective no less than fourteen days after they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately. Other Guidelines Or Terms. If there is a conflict between this TOS and those for a specific Provider service, the terms for the specific service will prevail. No Third-Party Beneficiaries. These terms control the relationship between the Provider and you. They do not create any third-party beneficiary rights. No Waiver. If you do not comply with these terms, and Provider does not take action right away, this doesn’t mean Provider is giving up or waiving any rights, such as the right to take action in the future. Severability. If a particular term in the TOS is not legally enforceable, it will not affect the other terms.
Last updated: 9th Dec 2019