Binding Contract

These Use Terms are a contract between you and us and govern your WooCommerce Service use. Agreeing to these Use Terms is a condition of any WooCommerce Service use. You signify your agreement to these Use Terms and are legally bound by them from the date on which you:

  • Click to accept or agree to these Use Terms where WooCommerce presents an option to do so, either on the Website or otherwise; or
  • Use the Services in any way, in which case you understand and agree that your WooCommerce Service use will signify your acceptance of these Use Terms from the moment you first begin to use the WooCommerce Service.
  • Your use of certain features offered via WooCommerce, such as those related to tax calculation, payment, and shipping, require Jetpack to function. As such, if you enable or use those features, the terms related to Jetpack and Ecommerce here also apply.

This is version 2.0 of these Use Terms and their effective date is 2013–12–01.

CPA Application

A “transaction” (as defined in the CPA) between you and us may or may not fall under the provisions of the CPA depending upon whether certain of our Customer’s threshold values are below a certain value at the time the transaction is entered into.

The threshold values relate to a Customer’s asset value or annual turnover, and the value against which they are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from time to time.

Our duties towards you may vary depending upon whether the transaction in question is subject to the CPA, and we will rely on information you give us in order to determine whether the CPA applies. Consequently:

  • You warrant that any statement you make to us regarding relevant threshold values is accurate.
  • We may require you to provide us with the supporting financial statements as proof of any threshold values which you may represent as being below the relevant values, or in the event it appears that the CPA applies to our contract with you in the form of these Use Terms.
  • You agree that we may hold you liable for any losses we sustain as a result, if you misrepresent any threshold values and we are subsequently penalised as a result of our reliance on your misrepresentations, .

Amendments

You agree that we may, in our sole discretion, amend these Use Terms at any time, in any way and from time to time. We will publish details of our proposed amendments to these Use Terms in a notice to this effect on our Website. This notice will identify the specific amendments we propose making to these Use Terms and the date on which these proposed amendments will become effective.

You agree that such a notice will be adequate notice of the proposed amendments and that these amendments shall automatically come into effect on the date specified in this notice. You further agree that it is your responsibility to review these Use Terms regularly in the event that we do publish a notice of proposed changes. Your continued use of the WooCommerce Service (except where your continued use of WooCommerce Service is permissible in terms of, for example, specific licenses) will be subject to you agreeing to the amended Use Terms.

Interpreting these Use Terms

These Use Terms contains a number of words and phrases which have specific meanings and most of which are capitalised. The Glossary, below, contains many of these words and phrases (others are set out in these Use Terms’ body and are designated by terms in quotation marks).

We also apply certain rules when interpreting these Use Terms and the Interpretation Guide, which sets out these rules, is below.

Duration

These Use Terms shall continue to bind you for so long as you make use of WooCommerce Service.

Effects of Termination

In the event these Use Terms are terminated for any reason whatsoever, the following clauses shall survive termination and continue to bind you:

The WooCommerce Service

Our Website details the WooCommerce Service which, broadly, comprises the following components:

  • Products;
  • Support Service;
  • Content;
  • Related Software Products.

We grant you a limited and non-exclusive right to use the WooCommerce Service (subject to any other applicable licenses such as the GPL) solely for the purposes which the WooCommerce Service is intended for and as permitted by the licenses applicable to the WooCommerce Service components. This right is not transferable to any other person unless we agree.

You agree that, except where the nature of the WooCommerce Service requires otherwise, each component of the WooCommerce Service constitutes a separate and distinct service, and we are not necessarily obliged to render two or more components of the WooCommerce Service as a single, indivisible service.