Poncho is an online learning and Third Party Deals platform for children and young adults, which includes an online marketplace connecting users with a selection of hand-picked third party suppliers (“Poncho Partners”) who offer Third Party Deals, events, learning opportunities, after school and holiday clubs, and other services and products for children and families. . Access to Poncho is only granted to employees and or other workers of Poncho’s clients including temporary, agency or contract workers, interns, volunteers and independent contractors.
Within Poncho, parents will find a range of Third Party Deals for all ages with a focus on learning and development. There will be a mix of both in-person Third Party Deals and online (primarily online at present given the current restrictions).
Poncho Partners have been carefully selected, ensuring that they meet our high standards. Poncho also negotiates considerable discounts with Poncho Partners across all Third Party Deals, all or most of which are passed on to parents. Parents can also use their employer credits (if provided) to further reduce the cost and can pay for any remaining balance using their own funds.
Poncho further supports working parents with the cost of childcare by providing advice on government subsidies that may be available to them. Every parent is entitled to a free consultation call with one of our advisors , accessible through Poncho.
In these Terms, we refer to our Site and the App collectively as “Poncho”. Poncho is owned and operated by Poncho Care Limited, a company registered in England and Wales under number 12875128 and registered office address at 16, Wadebridge Square, Poundbury, Dorchester, England DT1 3AQ ( “we”, “our”, and “us”).
Please read these Terms carefully before you start to use Poncho. By using Poncho, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use Poncho.
Your attention is particularly drawn to the following:
1. THESE TERMS
- 1.1 These Terms constitute the agreement between you and us for the use of Poncho and the content and services available through it.
- 1.2 We may change these Terms: 1.2.1 to reflect changes in relevant laws and regulatory requirements; and 1.2.2 to implement minor technical adjustments and improvements, for example to address a security threat.
- 1.3 In addition, we may make other changes to these Terms, but if we do so we will notify you and if you don’t agree with the changes you may then contact us to close your account before the changes take effect.
- 1.4 The ways in which you can use the App may also be controlled by the Apple App Store's and the Google Play Store’s respective rules and policies.
2. ACCESSING PONCHO
- 2.1 You must register and have an account with us to access and use Poncho. You must be 18 years or older to be eligible to register with us. By using Poncho, you represent and warrant that you are 18 years or older. You must provide true and accurate information about yourself when registering with us.
- 2.2 You are responsible for maintaining the confidentiality of your account details,including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party.
- 2.3 You are responsible for all Third Party Deals under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions, whether by you or another person.
- 2.4 You can delete your account at any time by emailing us at email@example.com from the email address associated with your account
3. YOUR RIGHT TO ACCESS PONCHO
- 3.1 You have the right to access Poncho because we have entered into an agreement with your employer or other organisation engaging you as a worker or with which you are associated (“Organisation”).Your access to Poncho forms part of the benefits provided to you by your Organisation. This means that your right to use Poncho will be withdrawn if the agreement between us and your Organisation ends, or if your access is no longer permitted under our agreement with your Organisation. You may also be using Poncho as an admin user, in order to manage our Organisation’s benefits programmes on behalf of the Organisation.
- 3.2 Your Organisation may purchase credits from us, for you to use to pay for all or part of a Third Party Deal. You can check the amount of credit you have at a given time in your Account. Please contact firstname.lastname@example.org for details of the amount and frequency of credits that they will purchase or have purchased for you.
4. THE PONCHO MARKETPLACE
- 4.1 Poncho includes an online marketplace which enables users to access or acquire offers for the booking or purchase of Third Party Deals, events, learning opportunities, after school and holiday clubs, and other services and products for children and families, supplied by Poncho Partners (“Third Party Deals”)from third party providers selected by Poncho for listing on Poncho (“Poncho Partners”). While we use reasonable efforts to verify all third party Poncho Partners listed on Poncho, the Poncho Partners are not affiliated with us and we are not responsible for them or their Third Party Deals.
- 4.3 Poncho makes no representation, warranty or condition and shall have no liability or obligation whatsoever in relation to content, availability or use of any Third Party Deal and any contract entered into by you with a Poncho Partner.
- 4.4 Poncho does not endorse or approve any Poncho Partner’s or other third party website (nor the content of any of them) that are made available or linked to from Poncho.
5. BOOKING OR PURCHASING A THIRD PARTY DEAL WITH A PONCHO PARTNER.
- 5.1 Below,we set out how a legally binding contract for a Third Party Deal between you and a Poncho Partner is made through Poncho.
- 5.2 You may submit a booking request on Poncho.
- 5.3 When you submit a booking request, we will acknowledge it by email. This acknowledgement does not, however, mean that your request has been accepted by the Poncho Partner.
- 5.4 We may contact you to say that we cannot accept the booking request. This is typically because the Third Party Deals is fully booked, or has been withdrawn by the Poncho Partner.
- 5.5 We will only accept your booking request when we email you to confirm this. At this point, a legally binding contract will be in place between you and the Poncho Partner.
- 5.6 The price quoted for the Third Party Deal is put forward by the Poncho Partner and is not offered or endorsed by us
- 5.8 The Poncho Partner’s terms and conditions of supply will apply to your contract with the Poncho Partner for the Third Party Deals. These terms and conditions are available on the provider websites.
6. CONSUMER'S RIGHT TO CANCEL A CONTRACT
- 6.1 This paragraph 6 only applies to consumers. The right to cancel a contract does not apply to a Third Party Deal, such as an event or show, that is set to take place on a specific date or dates. Please contact the Poncho Partner before booking if you are unsure whether your chosen Third Party Deals can be cancelled or not.
- 6.2 Consumers have the right to cancel certain contracts within 14 days without giving any reason. However, you do not have the right to cancel if you requested for the Poncho Partner to start providing the Third Party Deals during the cancellation period and the Third Party Deals is fully performed during this period (for example,if you pay to access content or a learning opportunity for a 7 day period and this 7 day period finishes during the 14 day period).
- 6.3 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
- 6.4 To exercise the right to cancel, please let us know by emailing us at email@example.com. We will coordinate with the Poncho Partner. The request will be handled in accordance with the Poncho Partner Cancellation policy as set out on the Poncho Partner website.
- 6.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- 6.6 Please note that if you requested for the services to commence during the cancellation period and the services are fully performed (that is, the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.
- 6.7 This does not affect the rights you have if the Third Party Deals is not made available correctly.
- 6.8 If you cancel the contract, we will reimburse to you all payments received from you unless you requested the Third Party Deals to start during the cancellation period, in which case you must pay: 6.8.1 for the services provided up to the time you told us that you want to cancel the contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under the contract; or 6.8.2 the full price, if you lost your right to cancel the contract because the services were fully performed (that is, the work was completed) during the cancellation period.
- 6.9 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the contract.
- 6.10 We will make the reimbursement using the same means of payment as you used for theinitial transaction, unless you have expressly agreed otherwise; in any event,you will not incur any fees as a result of the reimbursement.
7. USING PONCHO
- 7.1 We provide Poncho on an "as is" and "as available" basis with all faults. We do not guarantee that Poncho, or any content on it, will always be available or be uninterrupted. Access to Poncho is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Poncho,or any features on it, without notice. We will not be liable to you if for any reason Poncho is unavailable at any time or for any period.
- 7.2 You acknowledge that access to the App and Site is dependent on you being able to receive data via Wifi or 3G or 4G and on you having a suitable device. You are responsible for making all necessary payments in respect of your internet and network connections and your device. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Poncho.
- 7.3 If you download the mobile App onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms,whether or not you own the device.
- 7.4 All Third Party Deals are subject to availability. We put a lot of effort into securing a wide choice of attractive Third Party Deals. However, we rely on our Poncho Partners to make them available and provide them to you. As a result, we cannot guarantee that Third Party Deals will always be available or that they will always be provided on the same terms. We will try to find good alternatives if a Third Party Deal becomes unavailable.
- 7.5 The content on Poncho is provided for general information only. It is not intended to amount to advice on which you should rely. Although we try to update the information published on our Platform, we do not guarantee that the content on Poncho is accurate, complete or up to date.
8. YOUR PRIVACY
9. ACCEPTABLE USE RESTRICTIONS
- 9.1 You must not:
- 9.1.1 use Poncho in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Poncho or any operating system;
- 9.1.2 post any material on Poncho that depicts or encourages violence, or that is pornographic, obscene, hateful, offensive or otherwise objectionable;
- 9.1.3 use Poncho to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person;
- 9.1.4 infringe our intellectual property rights or those of any third party when you use Poncho,including by the submission of any material;
- 9.1.5 use Poncho in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- 9.1.6 collector harvest any information or data from Poncho or our systems or attempt to decipher any transmissions to or from the servers running Poncho
10. ACCOUNT SUSPENSION
10.1 We reserve the right to suspend your account and access to Poncho if you fail to comply with these Terms, or if we reasonably believe such a failure to have occurred. If your account is suspended you have the right to appeal the decision by emailing Poncho at firstname.lastname@example.org, following which we will review the relevant facts and re-consider the decision to suspend. If the appeal is successful, we will reinstate your account. If the appeal is unsuccessful, we will terminate your account on a permanent basis
11. UPDATES TO PONCHO
- 11.1 From time to time we may automatically update Poncho to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may require you to update the App for these reasons.
- 11.2 If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using Poncho.
12. USER CONTENT
- 12.1 You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via Poncho ("Content"). We do not claim ownership of any Content and you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable,worldwide license to use and publish the Content for the purposes of Poncho on these Terms.
- 12.2 You agree that we are not responsible for, and do not endorse, Content posted on Poncho and that we do not have any obligation to monitor, edit, or remove any Content.However, we reserve the right, without obligation, to monitor, moderate, editor remove any Content.
- 12.3 For the avoidance of doubt, we will only review your Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with Poncho. You agree that we may access and use your Content for this purpose.
13. INTELLECTUAL PROPERTY RIGHTS AND USE OF PONCHO
- 13.1 If you are accessing Poncho through the App, we grant you a non-exclusive,non-transferable licence to install and use a copy of the App on your mobile device for the purposes of the services offered by the App only.
- 13.2 We are the owner or the licensee of all intellectual property rights in Poncho,and in the material published on it save for Content uploaded by you, other users or any Poncho Partners. Those works are protected by copyright, trademarks, database right and other intellectual property rights. All such rights are reserved. You may not without our prior written consent (except to the extent required in order to use Poncho in accordance with these Terms) copy,sell, reproduce, publish, modify, or distribute any of the content published,displayed or performed on or within Poncho or systematically extract such content or in any way use or exploit commercial any such content
- 14.1 While we try to make sure that Poncho is accurate, up-to-date, secure and free from bugs and viruses, we cannot promise that it will be. Furthermore, we cannot promise that Poncho will be fit or suitable for any purpose. Any reliance that you may place on the information on Poncho is at your own risk.
- 14.2 You are responsible for configuring your information technology, device, computer programmes and platform in order to access Poncho. You should use your own virus protection software.
- 14.3 Any content and materials available on or through Poncho are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the App or the Site, or by anyone who may be informed of any of its contents.
- 14.4 You acknowledge that you have no obligation to follow any suggestions, comments,reviews or instructions received via Poncho or from another user and that if you choose to, you do so entirely at your own risk.
- 14.5 We aim to update Poncho regularly and may change the content at any time. Any of the material on Poncho may be out of date at any given time, and we are under no obligation to update such material.
- 14.6 Where Poncho contains links to other sites and resources provided by Poncho Partners or other third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- 14.7 As Third Party Deals are provided by Poncho Partners, we are not responsible to you for the legality, quality, timing or fitness for purpose of the Third Party Deals provided by Poncho Partners. We also do not guarantee that you will find a Poncho Partner on Poncho who can provide the Third Party Deals or resource that you require.
15. LIMITATION OF OUR LIABILITY
- 15.1 We are not responsible to you for any loss or damage that is not a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
- 15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:15.2.1 death or personal injury caused by our negligence or the negligence of our employees,agents or sub-contractors;15.2.2 fraud or fraudulent misrepresentation; and 15.2.3 our obligation to use reasonable care and skill in our provision to you of Poncho.
- 15.3 We are not liable for business losses. Poncho is for domestic and private use. If you use Poncho for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 15.4 We are not responsible for events outside our reasonable control including strikes,lock-outs or other industrial disputes; pandemic or epidemic; breakdown of systems or network access; or flood, fire, explosion or accident. If our provision of the services available through Poncho or support for Poncho is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
- 16.1 If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.
- 16.2 If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
- 16.3 If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity.
17. APPLICABLE LAW
17.1 These Terms are governed by English law and you can bring legal proceedings in respect of Poncho in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18. CONTACT US
18.1 Questions,comments, notices, complaints and requests regarding these Terms or Poncho should be sent by email to email@example.com.
Last Updated: 27-11-2020