Terms of Service

1. Welcome to Panda. Please take a few minutes to read these terms and conditions to help you understand the terms on which we provide our services to you.
2. Panda Technology Holdings Limited operates this mobile application as well as its related platforms (the "App"). Your access to and use of this App and/or the services provided via the App (the "Services") is governed by these terms and conditions (the "Terms and Conditions") as read with the privacy policy located at https://www.joinpanda.com/privacy-policy (the "Privacy Policy").
3. Any references to "Panda", "we", "us" or "our" in these Terms and Conditions shall be to Panda Technology Holdings Limited, and shall include, where applicable, our affiliates and subsidiaries. References to "user", "you" or "your" shall be to any user of this App and/or the Services.
4. These Terms and Conditions contain provisions that limit Panda's liability towards you, or which may require you to indemnify us or assume full responsibility for a risk or liability. Such terms will be in the same style as this paragraph. By using the App and/or the Services, you acknowledge that you have read, accept, and will be bound by these Terms and Conditions as read with the Privacy Policy. If you do not agree to this, please do not use the App and/or the Services.

1. This summary outlines the key terms and conditions applicable to your access to and use of the App and/ or the Services so that you can understand the material terms at a high level. However, please ensure that you review the full set of the Terms and Conditions.
2. Panda does not provide medical advice via the App and/or the Services. Where you make payment via the App for Services rendered by a Professional, you agree that notwithstanding such payment, Panda is not the provider of any medical advice or services. Panda is therefore not responsible for the conduct of any person who may provide information or advice to you via the App.
3. You acknowledge that you are solely responsible for acting on the recommendations made and/or information provided by a Professional or another user or when you are using the App and/or the Services.
4. Should you interact with a Professional, you will enter into a separate relationship with the Professional. Panda is not a party to this relationship, and will not be liable for the acts or omissions of this Professional.
5. To facilitate your access to the App and to provide the Services to you, we are required to process some of your personal data and to share some of this personal data with certain third parties, such as our duly appointed service providers. You agree to us processing your personal data in this regard.
6. Certain Professionals may require specific information including your name and, if relevant, your employer and/or insurance information. You acknowledge that you provide this information voluntarily.
7. You acknowledge that the text based chat support provided by wellness counsellors is not psychotherapy and does not replace the care offered by medical doctors, psychologists, occupational therapists, or social workers.
8. You affirm that you are over the age of 16 and that if you are between 16 and 18 years of age, a parent and/or guardian agrees to these Terms on your behalf.
9. You agree to adhere to these Terms and Conditions and to conduct yourself in a respectful, lawful manner on the App and/or when using the Services.

Please read this section carefully. It is important that you understand that Panda does not provide medical advice via the App and/or the Services, and that Panda is not responsible for the conduct of any person who may provide information or advice to you via the App.

1. Panda provides access to certain healthcare related information to you and/or enables your access to medical and/or counselling services. Panda is independent from healthcare and counselling service providers who will be providing such services to you through the Platform and is not responsible for such providers' acts, omissions or for any content of the communications made by them. Panda does not engage in the practice of medicine or counselling.
2. Panda recognises its role as one of many channels through which users may have access to some medical, counselling and/ or other related services.
3. The services rendered through the App cannot provide a clinical diagnosis for which an in-person consultation is required, and the App is not suitable where you require any official counselling, including any court-ordered counselling. If you are in a state of distress, considering harm to you or others, or experiencing a medical emergency, the Panda Platform is not the appropriate place of support and you should seek emergency medical assistance, such as calling the South African Depression and Anxiety Group (SADAG) Helpline at (0800) 12 13 14 or the AKESO Crisis Helpline at (0861) 435 787.
4. Making use of the Services, using, accessing and/or browsing the App and/or providing personal or medical information to any of the professionals on the App (the "Professionals") does not create any relationship between yourself and Panda aside from our relationship with you as a user of our Services.
5. The Professionals include but are not limited to –
   1. accredited and registered mental health professionals such as clinical, educational and counselling psychologists, occupational therapists, social workers, nurses, and doctors;
   2. accredited and registered counsellors who specialize in different areas such as addiction, post-traumatic stress, pastoral counselling and more;
   3. accredited and registered coaches and industrial psychologists; and
   4. other accredited and registered professionals such as divorce mediators, legal advisors, and debt counsellors.
6. Panda does not recommend, or endorse, any particular Professional.
7. In certain instances, depending on the component of Service you use on the App, you may interact with a Professional and a separate relationship will come into existence between you and that Professional. You acknowledge that Panda is not a party to this relationship, and that Panda will not be liable for the acts or omissions of this Professional.
8. Though Panda takes care in verifying the credentials of Professionals when they sign up to the App, Panda is not responsible for the Professionals' designations or their registrations with professional bodies, including the maintenance and renewal of such designations and registrations, or for their compliance with applicable legislation which governs their profession.
9. If you have a complaint about the conduct of a Professional, you should report them to the appropriate body and/or follow the appropriate legal process. You can also email us at [email protected] should you wish to report any Professional or another user.
10. You acknowledge that you are solely responsible for acting on the recommendations made and/or information provided by a Professional or another user or when you are using the App and/or the Services, and that Panda will not be liable for any loss or damage suffered by you as a result hereof.
11. You should not change your medication, medical or healthcare regime without consulting your doctor and you should not disregard, avoid, or delay in obtaining any in-person care from a qualified professional because of information received via the App and/or the Services.

1. To facilitate your access to the App and to provide the Services to you, we are required to process some of your personal data and to share some of this personal data with certain third parties, such as our duly appointed service providers. You agree to us processing your personal data.
2. We shall process this personal data in accordance with applicable data privacy legislation and our Privacy Policy, available here https://www.joinpanda.com/privacy-policy.
3. Please also read the Privacy Policy to understand the types of personal data we collect about you, where we collect it from, who we may need to share it with, how long we retain it for, whether it leaves the country in which we collected it, and how you can request access to and/or deletion of your personal data.
4. Any information you provide to Panda, another user, and/or a Professional via the App or when using the Services, including insofar as it concerns your health or medical history, will be entirely voluntary and at your discretion, and you can control the level of information you share.
5. You can either use the App and/or the Services under your own name or under a different name, and you can control whether your identity is made public via the App or not.
6. Certain Professionals may require specific information including your name and, if relevant, your employer and/or insurance information. You acknowledge that you provide this information voluntarily. You are free to refuse to provide this information, however, certain components of the Service may not be available to you in this case or you may have to pay for this Service component yourself.
7. Any information and data that you provide to Panda must be accurate, truthful, and up to date. By using the App and/or the Services, you warrant that you are not misrepresenting your identity or contributing any false or inaccurate information or data via the App.

1. You can complete assessments and questionnaires via the App, which can help you understand yourself better and explore your wellbeing. The results of any such assessment are suggestive and no result is 100% accurate.
2. These assessments are provided for informational purposes only and cannot diagnose any medical conditions.
3. If you require a professional diagnosis, you should consult a suitably qualified professional for this purpose.
4. You acknowledge that Panda will not be liable for any loss or damage suffered by you as a result of you acting on the outcome of an assessment.

1. You can complete assessments and questionnaires via the App, which can help you understand yourself better and explore your wellbeing. The results of any such assessment are suggestive and no result is 100% accurate.
2. These assessments are provided for informational purposes only and cannot diagnose any medical conditions.
3. If you require a professional diagnosis, you should consult a suitably qualified professional for this purpose.
4. You acknowledge that Panda will not be liable for any loss or damage suffered by you as a result of you acting on the outcome of an assessment.

1. You can pay for certain Services available via the App by following the payment prompts in the App and/or in the app store where you download the App.
2. The amount payable will depend on the type of Service you are selecting.
3. The amount payable and the currency in which your amount is payable will be specified during the payment process in the App and/or in the app store where you download the App. This amount may vary depending on your jurisdiction.
4. Your bank or the payment provider you select may charge additional transaction, administrative and/or facilitation fees. Panda is not responsible for any such fees.
5. Panda may from time to time facilitate your payment for a Professional's services rendered to you via the App. Panda is not a party to the relationship between you and the Professional and Panda's only role is to act as a payment facilitator.
6. Where you make payment via the App for Services rendered by a Professional, you agree that notwithstanding such payment, Panda is not the provider of any medical advice or services.
7. If you pay with your credit or debit card, Panda or the app store where you download the App may need to request certain additional information from you to verify and/or authorise your payment. You warrant that you are authorised to use the card you are using to make payment and that your card will have sufficient funds available to cover the cost of your purchase.
8. Panda reserves the right to amend and update the applicable fees for Services (including the fees set out on the relevant app store where you download the App), as well as the payment terms and payment methods available. To the extent permitted by applicable law, Panda will make such amendments at its sole discretion and will provide you with prior notice.
9. Panda may from time to time offer discounts, free trials, and similar promotional offerings. Any such offering may be subject to such additional terms as Panda may impose in its sole discretion. Panda reserves the right to cancel a trial immediately if Panda is made or becomes aware that the user has already made use of a trial offering.
10. Cancellation and rescheduling of 1:1 bookings with Professionals:
    1. If you wish to cancel or reschedule a booked session with a Professional and provide more than 24 hours' notice, then this will be accommodated.
    2. If you wish to cancel the session and provide less than 24 hours’ notice, you will forfeit your payment.
    3. If you wish to reschedule a session and provide less than 24 hours’ notice, then the request to reschedule will be at the discretion of the Professional. You will not be entitled to a refund if the Professional cannot accommodate the rescheduling request.

1. You acknowledge that the App and the Services are provided on an 'as is' basis, without any warranty that the App and/or the Services will be free from defects, to the extent that it is lawful to do so, and that the existence of errors in the App and/or the Services alone will not constitute a breach of these Terms and Conditions. In the event of any such defect or error, your sole remedy will be to cease your use of the App and/or the Services.
2. Panda does not warrant that –
   1. the App and/or the Services (or any component thereof) will meet your personal requirements or expectations;
   2. the operation of the App and/or the Services (or any component thereof) will be uninterrupted or error-free; or
   3. that all errors or defects will be corrected.
3. Any information displayed or provided as part of the App and/or the Services is intended to serve as general information. No representations or warranties are made or provided in respect of such information, including in respect of the accuracy of the information. Your use of the App and/or the Services is at your own and sole risk.
4. In addition, and to the extent not prohibited by applicable law, Panda disclaims all warranties and conditions with respect to the App and/or the Services, either express or implied, including, but not limited to, warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement.
5. In no event shall Panda or its affiliates, officers, directors, employees, agents, service providers or contractors be liable for –
   1. any special, indirect, consequential, or incidental damages arising out of, or related to, the App and/or the Services or the information contained therein, whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise;
   2. anyone gaining unlawful access to the App and/or the Services or to any of its content or Panda acting on an instruction received from you; or
   3. your reliance on any material or content provided through the App and/or the Services.
6. You agree to defend and indemnify Panda and to hold Panda and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from–
   1. your use of and access to the App and/or the Services;
   2. your violation of any term of these Terms and Conditions;
   3. your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
   4. any claim that your use of the App and/or the Services caused damage to a third party.
7. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and Conditions and your use of the Services and/or the App.
8. Despite this indemnity provision, if Panda is found to be liable by a court of law or legal tribunal, you agree that a Panda's liability towards you shall be limited to an amount equal to 200% of the amount paid by you to Panda in the 12 months immediately preceding the date on which the aforesaid liability arose.

1. You may use the App and/or the Services only for purposes that are legal, and you must not (nor will you allow or cause any third party to) –
   1. tamper with, disassemble, decompile, reverse engineer, edit, attempt to derive the source code of or modify the App and/or the Services (wholly or in part);
   2. use or exploit the App and/or the Services (wholly or in part) for commercial gain under any circumstances whatsoever or copy the App and/or the Services (wholly or in part);
   3. sublicense, distribute, export, or resell the App and/or the Services (wholly or in part) or otherwise transfer any rights therein; or
   4. exercise any other right to the App and/or the Services (wholly or in part) not expressly granted in these Terms and Conditions.
2. You are granted a revocable, non-transferable, non-exclusive, limited licence to use the App to receive the Services for personal, private use.
3. Panda and/or its valid licensor owns all right, title and interest in and to the App, the Services and all information, documentation and proprietary products made available via the App. No licence or other right or interest in or to the App and/or the Services is granted to you except for the licence rights specifically set forth herein.
4. You may not duplicate or reproduce in any way the App and/or the Services or the information, documentation and/or the proprietary products made available via the App and/or the Services without the express prior written consent of Panda.
5. By communicating with Panda and/or making use of the Services or sharing content on the App, you grant Panda a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication, content, or any information therein alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, for any purpose.

1. You agree to adhere to these Terms and Conditions and to conduct yourself in a respectful, lawful manner on the App and/or when using the Services. You agree that you will not, through your use of the App and/or the Services, –
   1. infringe or violate the rights, including the intellectual property rights, of Panda, its users or any third party;
   2. distribute any form of marketing or other unsolicited material to Panda, its users or any third party; or
   3. post or transmit content that is defamatory, unlawful, hateful, obscene, abusive, or slanderous toward Panda, its users or any third party.
2. You acknowledge that Panda reserves the right to suspend and/or terminate your access to the App and/or the Services or to remove any of your contributions to the App should you contravene any of these Terms and Conditions. Panda will not be liable for any loss or harm you suffer due to your inability to access the App and/or the Services, where Panda suspends or terminates your access on this basis.
3. You acknowledge that you are solely responsible for your content posted on, transmitted through, or linked via the App and/or when making use of the Services, and for the consequences of posting, transmitting, linking, or publishing it.
4. You furthermore agree that Panda has the right to amend, suspend, terminate, or discontinue all or any part of the App and/or the Services, or your access to the App and/or the Services, at any time with prior reasonable written notice to you and without incurring liability, save for refunding you any amounts duly owing.
5. You can delete your Panda account at any time by following the prompts on the App.
6. We may update the App from time to time at our discretion. If you do not make use of the latest version thereof, your access to and use of the App and/or the Services may be limited.

You confirm that you are legally able to consent to accessing the App or receiving the Services or you have the consent of a parent or guardian that is legally able to provide such consent on your behalf.

Accordingly, you affirm that you are over the age of 16, as the Services are not intended for children under 16, and that if you are between 16 and 18 years of age a parent and/or guardian agrees to these Terms on your behalf.

1. To the extent permitted by applicable local laws and regulations, any disputes that may arise concerning the App and/or the Services and the information contained herein shall be governed by the laws of England and Wales. All proceedings, which may arise out of, or in connection with, this App and/or the Services shall be resolved by final and binding arbitration in London in accordance with the rules of the International Court of Arbitration of the International Chamber of Commerce ("Rules"). One or more arbitrators shall be appointed in accordance with the Rules. To the extent permitted by law, you waive your right to resolve any disputes with Panda as part of any class action.
2. It is not intended that any part of these Terms and Conditions contravene any provision of any legislation which may apply in your jurisdiction. Therefore, all the provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of applicable legislation are complied with.

1. Neither these Terms and Conditions nor any part, share or interest therein nor any rights or obligations hereunder may be ceded, delegated, or assigned by you without the prior signed written consent of Panda.
2. Panda reserves the right to cede its rights or delegate its obligations without your prior written consent where such action is pursuant to a sale of business, sale of shares, or change of ownership in Panda or its holding entities or pursuant to any internal reorganisation or amalgamation in respect of Panda and/or any of its holding entities, subject to any applicable notification requirements in terms of the law.

All provisions and the various clauses of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto (as if not written herein) and the remaining provisions and clauses of these Terms and Conditions shall remain of full force and effect.

1. These Terms and Conditions, as read with the Privacy Policy, constitute the entire and only agreement between Panda and you in respect of the matters contained herein and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings concerning this App and/or the Services.
2. We reserve the right to modify or amend these Terms and Conditions at any time with the minimum notice permitted by applicable law or, if allowed by applicable law, without notice. Your continued use of the App and/or the Services signifies your acceptance of these Terms and Conditions, as amended from time to time.

If you have any questions, comments and/or requests about these Terms and Conditions, please contact us at [email protected] with "Terms and Conditions" in the subject line.