Terms of service

Terms of Service

Last Updated: 27/03/2023

1. Introduction

Welcome to Ponique. The following Terms of Service ("Terms") apply to your use of our website, products, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Services.

These Terms are a legally binding contract between you and Ponique. Please read them carefully.

1. Eligibility

By using the Services, you represent and warrant that you are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater. If you are under the age of 18 or the legal age of majority, you must have the permission of a parent or legal guardian to use the Services.

1. Account Registration

To access certain features of the Services, you may be required to create an account. You agree to provide accurate and complete information during the account registration process and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

1. User Conduct

By using the Services, you agree not to engage in any conduct that:

• Violates any applicable local, state, national, or international law or regulation;
• Infringes or violates the intellectual property, privacy, or other rights of any third party;
• Is fraudulent, false, misleading, or deceptive;
• Is defamatory, obscene, pornographic, vulgar, or offensive;
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
• Is violent or threatening or promotes violence or actions that are 

  threatening to any person or entity; or

  • Is harmful to minors in any way.

1. Intellectual Property Rights

All content, trademarks, logos, and other intellectual property rights on the Services are the property of Ponique or its licensors, and are protected by applicable copyright, trademark, and other intellectual property laws. You may not use, copy, modify, distribute, or create derivative works from any of the content or intellectual property on the Services without the express written consent of [Your Brand Name] or its licensors.

1. Purchases and Payments

When you make a purchase through the Services, you agree to provide accurate and complete payment information. You also agree to pay all applicable taxes, shipping fees, and any other charges associated with your purchase. All sales are final, and we do not offer refunds or exchanges, except as required by applicable law or as specified in our Refund Policy.

1. Disclaimers

The Services are provided "as is" and "as available," without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Ponique does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

1. Limitation of Liability

In no event shall Ponique, its affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, lost profits, loss of data, or loss of goodwill, arising out of or in connection with your use of, or inability to use, the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not [Your Brand Name] has been advised of the possibility of such damages.

1. Indemnification

You agree to indemnify, defend, and hold harmless Ponique, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other right of any third party.

1. Termination

Ponique reserves the right, in its sole discretion, to terminate your access to the Services, with or without notice, for any reason or no reason, including, but not limited to, your violation of these Terms.

1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in Queensland, Australia, and you hereby consent to the personal jurisdiction and venue of such courts.

1. Changes to the Terms

Ponique reserves the right to modify these Terms at any time. Your continued use of the Services following any changes to the Terms constitutes your acceptance of the updated Terms. It is your responsibility to review the Terms periodically for any updates or changes.

1. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us.