PonchoPay is a platform for childcare and children’s activity providers, and their customers, which assists with the processing of bookings and payments with Childcare Vouchers, Tax-Free Childcare Funds and Card Payments (“PonchoPay”).
These terms and conditions (the “Terms”) set out the terms on which you may use PonchoPay.
Please read these Terms carefully before you start to use PonchoPay. By using PonchoPay, 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 PonchoPay.
Your attention is drawn in particular to:
clause 5 ( Your Privacy ) which gives information about how we and the Payment Provider use your personal information; and
clause 9 ( Limitation of Our Liability ), which describe our liability to you.
PonchoPay is owned and operated by Poncho Care Limited, a company registered in England and Wales with registered company number 12875128 and registered office address at 16 Wadebridge Square, Poundbury, Dorchester, England DT1 3AQ ("Poncho", “we”, “our”, and “us”).
In these Terms:
“Card Payments” means a credit or debit card payment from you to the Provider (as defined in clause 2.1 below) that is processed by the Payment Provider;
and “Payment Provider” means Stripe Payments UK Limited (company number 08480771) authorised and regulated by theFinancial Conduct Authority (firm reference number 900461).
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/ponchopay-customer-success. 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.
2.1 PonchoPay can only be used 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 has an active account with us as a PonchoPay provider (a “Provider”).
2.2 While we will make reasonable efforts to ensure that PonchoPay is always available for use, we cannot guarantee that theservice will not be interrupted from time to time.
2.3 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.
2.4 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 manageyour booking for the Qualifying Service with the Provider with Childcare Vouchers, Tax-Free Childcare Funds or Card Payments.
3.2 When you place an order for a Qualifying Service with a Provider, the 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 booking the Qualifying Service using Childcare Vouchers, Tax-Free Childcare Funds or Card Payment. For subsequent PonchoPay bookings, you may access PonchoPay directly to set up the booking.
3.3 When you submit a new PonchoPay booking, you will be required to provide details of your intended payment amount and payment method with Childcare Vouchers, Tax-Free Childcare Funds or Card Payment.
Payment with Childcare Vouchers or Tax-Free Childcare Funds
3.4 If you opt to pay with Childcare Vouchers or Tax-Free Childcare Funds: 3.4.1 you will be required to provide your credit or debit card details to the Payment Provider. These card details will be verified and the payment amount pre-authorised, but no payment will be taken at this stage; 3.4.2 you will be required to authorise the Payment Provider to take payment in full(or in the amount of any shortfall between the amount due and that which is paid) in the event that you have not paid the Provider for the Qualifying Service in full with Childcare Vouchers or Tax-Free Childcare Funds within 14 days of the date of the booking; and
3.4.3 you will be responsible for arranging transfer of your Childcare Vouchers or Tax-Free Childcare Funds to the Provider within the 14 day period which runs from the date of the booking in accordance with any instructions provided by PonchoPay. You will also be responsible for updating PonchoPay when payment has been made.
3.7 For the avoidance of doubt, neither PonchoPay nor the Provider will, under any circumstances, receive, process, or transmit payments and /or receive, process, transmit or store cardholder data.
4. Important information
4.1 Please note that:
4.1.1 we are only involved in helping manage your payment to the Provider. We are not involved in, and bear no responsibility for, the Qualifying Service, and we do not act as agent for the Provider. As such, any contract for the purchase of the Qualifying Service is solely between the Provider and you; 4.1.2 to create a PonchoPay booking, you must use your own valid credit or debit card,which has been issued by an authorised third party provider: Poncho will not beissuing payment cards to customers as part of its PonchoPay service;
4.1.3 we may charge the Provider a fee for access to our service and/or a commissionon PonchoPay bookings; 4.1.4 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-FreeChildcare 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; 4.1.5 we are not involved in and are not responsible for the processing of any payment that you authorise the Payment Provider to make to the Provider in respect of a Qualifying Service; 4.1.6 you should contact the Provider if you wish to request a refund for the QualifyingService, the availability of which will be subject to the terms of your contract with Provider for the purchase and supply of the Qualifying Service;
4.1.7 any refund of payments made with Childcare Vouchers or Tax-Free ChildcareFunds owing by a Provider to you shall be arranged between you and the Provider outside of PonchoPay; and 4.1.8 any cash refund in respect of payments processed by the Payment Provider owing by a Provider to you shall be processed in accordance with the Payment Provider’sterms and conditions at https://stripe.com/en-gb/legal/end-users . 4.2 Regulated payment services are supplied to you by the Payment Provider. We supply technological and administrative services only and will never handle your funds or provide anyother regulated payment services to you or any Provider. We are not authorised or regulated by the Financial Conduct Authority or the Prudential Regulation Authority in the UK, or internationally by any other financial services regulator.
5. Your privacy
5.2 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.
5.3 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-center/legal].
6. Lawful use
6.1 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.
6.2 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.
7. Intellectual Property Rights
7.1 PonchoPay is owned by Poncho and is protected by copyright and other applicable intellectual property rights and laws.
8.1 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.
8.2 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.
9. Limitation of our liability
9.1 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.
9.2 Where 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.
9.3 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.
10.1 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.
10.2 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.
10.3 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.
11. Third Party Links
11.1 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.
12.1 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.
13. Reservation of Rights
13.1 We reserve all rights available to us, if we consider it appropriate, to immediately and without notice to you:
13.1.1 halt any transactions via PonchoPay (provided that past transactions will not be reversed or changed); or
13.1.2 prevent or restrict access to PonchoPay.
14.1 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.
14.2 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.
14.3 All legal notices in relation to PonchoPay or these Terms should be given in writing and addressed to email@example.com
15. Applicable Law
15.1 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.
16. Contact Us
15.1 Questions, comments and requests regarding these Terms should be sent by email to firstname.lastname@example.org
Last updated: 4th February 2023