Customer terms and conditions

These terms and conditions (the “Terms”) set out the terms on which you may use our payments service for childcare services ("PonchoPay").

‍Please read these Terms carefully before you start to usePonchoPay. By using PonchoPay, you confirm that you accept these Terms and thatyou agree to comply with them. If you do not agree to these Terms, you must notuse PonchoPay.

‍PonchoPay is owned and operatedby Poncho Care Limited, a company registered in England and Wales withregistered company number 12875128 and registered office address at 16Wadebridge Square, Poundbury, Dorchester, England DT1 3AQ ("Poncho", “we”, “our”, and “us”).

1. These Terms
1.1 These Terms constitute the agreement between you and us for your use of PonchoPay.
1.2 We may change these Terms from time to time.   Any changes we may make to these Terms in the future will be posted on www.ponchopay.com. The version of these Terms that is brought to your attention when you start a new payment through PonchoPay will apply to your use of PonchoPay in respect of that payment.
1.3 If you commit a breach of these Terms we reserve the right at our sole discretion immediately and without notice to suspend or permanently deny your access to all or part of PonchoPay and associated services.

2. PonchoPay
2.1 PonchoPay is a payments service that can only be used to pay for childcare services, after school and holiday clubs, tuition and other services for children, (each a “Qualifying Service”) offered by a Qualifying Service provider who is signed up as a PonchoPay Provider.
2.2 PonchoPay can be used when paying for a Qualifying Service with Childcare Vouchers, Tax-Free Childcare Funds or by credit or debit card.
2.3 While we will make reasonable efforts to ensure that PonchoPay is always  available for use, we cannot guarantee that the service will not be interrupted from time to time.
2.4 We may suspend, withdraw, discontinue or change all or any part of PonchoPay without notice. You agree that your use of PonchoPay is at your own risk. We will not be liable to you if for any reason PonchoPay is unavailable at any time or for any period.
2.5 PonchoPay is directed at people residing in the United Kingdom. We do not represent that the content available on or through PonchoPay is appropriate for use or available in other locations. Any products and services mentioned on PonchoPay are subject to UK legal and regulatory requirements and may not be available in any jurisdictions other than the UK.

3. How it works
3.1 We provide a service which helps manage your payment for the Qualifying Service  to the Poncho Provider.  
3.2 When you place an order for a Qualifying Service with a Qualifying Provider, the Qualifying Provider can choose to send you a link by email or SMS, or the website or app through which you booked the Qualifying Service may provide a link, through which you can access PonchoPay for the purpose of arranging payment. You can choose whether to pay for the Qualifying Service with Childcare Vouchers or Tax-Free Childcare Funds or by debit or credit card.
Payment by Credit or Debit Card
3.3 If you elect to pay for the Qualifying Service by debit or credit card, your payment will be collected immediately on behalf of the Poncho Provider.
Payment with Childcare Vouchers or Tax-Free Childcare Funds
3.4 If you elect to pay with Childcare Vouchers or Tax-Free Childcare Funds:
3.4.1 you will also be required to provide your credit or debit card details and the payment will be pre-authorised from your card, but no payment will be taken at this stage;  
3.4.2 you will be responsible for arranging transfer of your Childcare Vouchers or Tax-Free Childcare Funds to the Poncho Provider in accordance with any instructions provided by PonchoPay and for updating PonchoPay when payment has been made; and
3.4.3 you agree to Poncho taking payment for the Qualifying Service using your credit or debit card if you do not pay for the Qualifying Service in full with your Childcare Vouchers or Tax-Free Childcare Funds within 14 days of starting your payment with PonchoPay and notify Poncho that payment has been made by the same date.
3.5 Payment Processor: Stripe  All payments by credit or debit card (and pre-authorisations) will be processed by our third party payment processor, Stripe, in accordance with their terms and conditions and privacy policy, which can be found here.
Important information
3.6 Please note that:
3.6.1 we are only involved in helping manage your payment to the Qualifying Provider.  We are not involved in, and bear no responsibility for, the Qualifying Service and we do not act as agent for Provider.  As such, any contract for the purchase of the Qualifying Service is solely between the Qualifying Provider and you;
3.6.2 we have no contractual relationship, and are not acting on behalf of, any childcare voucher scheme, nor the UK government in respect of the Tax-Free Childcare Scheme.  Therefore, we are not responsible for any delay or problem with your payment which is caused by the operation of the relevant childcare voucher scheme or the tax-free childcare scheme; and
3.6.3 when you have agreed to use Poncho to pay for a Qualifying Service, we will only cancel your payment request or process a refund upon the written instructions of the Qualifying Provider.

4. Your privacy
4.1 Our Privacy Policy [https://poncho.care/footer-detail-privacy-policy] will apply to your use of PonchoPay. The Privacy Policy sets out  how we use any personal data we collect from you, or that you or the Qualifying Provider provide to us. By using PonchoPay, you acknowledge the contents of the Privacy Policy.
4.2 In particular, we will use your email address and mobile number (that you provide when you submit your payment request to us) to send email and/or SMS communications to you regarding your payment for the Qualifying Service (and reminders relating to the same).  We will also contact you in response to any requests for assistance with making payment with childcare vouchers or tax-free childcare funds.
4.3 All credit and debit card details that you provide to PonchoPay are collected, used and stored by our third party payment processor, Stripe, in accordance with their privacy notice, which can be found here [https://stripe.com/en-gb/privacy].

5. Lawful use
5.1 You may use PonchoPay only for lawful purposes. You must not use PonchoPay in any way that breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
5.2 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or PonchoPay. You must not use any scraping technology on PonchoPay.

6. Intellectual Property Rights
6.1 PonchoPay is owned by Poncho and is protected by copyright and other applicable intellectual property rights and laws.

7. Trademarks
7.1 The name Poncho and the Poncho logo are trade marks of Poncho Care Limited and may not be used in connection with any product or service that is not Poncho's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Poncho.
7.2 Other trademarks or logos that appear on PonchoPay are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Poncho and the trademark owner.

8. Limitation of our liability
8.1 PonchoPay is for domestic and private use. We are not liable for your business losses. If contrary to these Terms you use PonchoPay 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.
8.2 As PonchoPay is free to use, we do not accept any liability to you in respect of PonchoPay (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise).
8.3 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 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

9. Viruses
9.1 While we will use reasonable efforts to detect any bugs or viruses within PonchoPay, we do not guarantee that PonchoPay will be secure or free from bugs or viruses.
9.2 You are responsible for configuring your information technology, computer programmes and platform in order to access PonchoPay. You should use your own virus protection software.
9.3 You must not misuse PonchoPay by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to PonchoPay, the server on which PonchoPay is stored or any server, computer or database connected to PonchoPay.

10. Third Party Links
10.1 Where PonchoPay contain links to information, websites and resources provided by third parties, these links are provided for your information only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your dealings with any third party found on or via PonchoPay is solely between you and the third party with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Termination
11.1 You may discontinue use of PonchoPay and associated services at any time. These Terms will continue to apply to any past use by you of PonchoPay.

12. Reservation of Rights
12.1 We reserve all rights available to us, if we consider it appropriate, to immediately and without notice to you:
12.1.1 halt any transactions via PonchoPay; or
12.1.2 prevent or restrict access to PonchoPay.

13. Miscellaneous
13.1 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.
13.2 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.
13.3 All legal notices in relation to PonchoPay or these Terms should be given in writing and addressed to support@poncho.care

14. Applicable Law
14.1 These Terms are governed by English law and you can bring legal proceedings in respect of PonchoPay 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.

15. Contact Us
15.1 Questions, comments and requests regarding these Terms should be sent by email to support@poncho.care