Terms of Service

Welcome to Poncho.au. These Terms of Service ("Terms") govern your use of the Poncho.au website located at poncho.au (the "Site"). By accessing or using our Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Site.

1. Use of the Site

1.1 Eligibility

You must be at least 13 years old to use this Site. By using the Site, you represent and warrant that you meet this age requirement.

1.2 Permitted Use

You may use our Site for lawful purposes only. You agree not to:

• Use the Site in any way that violates any applicable Australian or international law or regulation
• Use the Site to transmit or send unsolicited commercial communications
• Attempt to interfere with the proper working of the Site
• Bypass any measures we may use to prevent or restrict access to the Site
• Use any automated means to access the Site for any purpose without our express written permission
• Copy, modify, or distribute any content from the Site without authorisation

2. Intellectual Property

2.1 Our Content

The Site and its entire contents, features, and functionality (including but not limited to all information, text, displays, images, graphics, and the design, selection, and arrangement thereof) are owned by Poncho.au, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, and other intellectual property laws.

2.2 Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use. This license does not include:

• Any resale or commercial use of the Site or its contents
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of the Site or its contents
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

3. Product Information and Affiliate Relationships

3.1 Product Information

We make every effort to provide accurate and up-to-date information about products featured on our Site. However, product specifications, prices, availability, and other details are subject to change by manufacturers and retailers without notice. We do not warrant the accuracy, completeness, or reliability of any product information on our Site.

3.2 Affiliate Disclosure

Poncho.au participates in the Amazon Services LLC Associates Program and may participate in other affiliate advertising programs. This means we may earn commissions from qualifying purchases made through links on our Site. As an Amazon Associate, we earn from qualifying purchases.

Our affiliate relationships do not influence our editorial content or product recommendations. We recommend products based on our genuine assessment of their quality and value. However, you should be aware that we receive compensation when you make purchases through our affiliate links.

3.3 Third-Party Retailers

When you click on links to third-party retailers (such as Amazon), you leave our Site and are subject to the terms and policies of those third-party sites. We are not responsible for the products, services, content, or practices of any third-party websites.

4. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Site will be uninterrupted, secure, or error-free
• The results obtained from using the Site will be accurate or reliable
• Any errors in the Site will be corrected
• The Site or servers are free of viruses or other harmful components

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PONCHO.AU AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorised access, use, or alteration of your transmissions or content

6. Indemnification

You agree to defend, indemnify, and hold harmless Poncho.au and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

7. User Content

If you submit comments, feedback, suggestions, or other content to our Site ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that:

• You own or control all rights to your User Content
• Your User Content does not violate any applicable law or the rights of any person
• Your User Content is accurate and not misleading

8. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms on this page and update the "Last updated" date. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Australia for the resolution of any disputes.

10. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Poncho.au regarding the use of the Site, superseding any prior agreements.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Poncho.au
Email: legal@poncho.au
Website: poncho.au/contact