Terms and Conditions

Last updated: November 1st, 2024

1. GLOSSARY

  • User account: the personal account created on the Site by a registered User and allowing the latter access to the full Services;
  • General Conditions of Use: these General Conditions of Use or T&Cs of Poncho;
  • Content: software, photos, videos, texts, graphics, music, sounds, creative suggestions, messages, comments, reactions, ideas, notes, drawings, articles and other documents (non-exhaustive list) that the Site or the Services can / can contain;
  • Personal data: all information relating to an identified or identifiable person (art. 3 letter a of the Federal Law on Data Protection; LPD; RS 235.1);
  • Partners: companies with which we have a partnership in order to offer our Services and / or offer their Services through our Site and / or advertising partnerships;
  • Parties: Poncho and the Users;
  • Poncho: the company operating the Site and the Services, registered in Vaud, Switzerland under UID CHE-202.354.585;
  • Us: a term also designating Poncho
  • Privacy Policy: the document providing information on the nature of the Personal Data collected by Poncho and the purposes for which it is used;
  • User Profile: the User Account interface allowing a Registered User to add, modify or correct information concerning him;
  • Intellectual property: intellectual property rights, including copyrights, registered designs, rights to models and designs, rights to patents, rights relating to databases, trademarks, trade secrets, know-how or any other property right or industrial right, whether registered or not;
  • Services: all the services and functionalities made available by the Site;
  • Site: the site useponcho.com and the WebApp useponcho.io as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto;
  • User: any person accessing and browsing the Site;
  • Registered user: any person accessing and browsing the Site and having a personalized User Account allowing him to access all of the Services;
  • You: a term for any User or Registered User;
  • WebApp: the WebApp useponcho.io

2. SCOPE

These general conditions of use (hereinafter: the “T&Cs”) apply to your use of the Site operated by Poncho (hereinafter also: “we” or Poncho) as well as to the Services.

3. ACCEPTANCE AND MODIFICATION

By using the Site, you fully understand and accept these T&Cs. We reserve the right, at our sole discretion, to amend all or part of these T&Cs at any time without prior notice.
If you do not agree with all these terms, then you are expressly prohibited from using the Site and must stop using it immediately.

4. GEOGRAPHICAL LIMITATIONS

Poncho, along with its subsidiary Bluveyl EU (registered in Paris, France under SIREN 927 622 241 acting as registered insurance intermediary with ORIAS License no. 2400 3598), offers and distributes insurance products to individuals and entities domiciled in Switzerland and European Union countries. Our product listings and transactions are specifically tailored to meet the needs and comply with the regulations of these jurisdictions.

While the information on the Site is accessible worldwide, it is not designed to constitute a solicitation or offer of financial advice to entities or individuals outside of Switzerland and the European Union. Visitors from other jurisdictions should consider the local laws and regulations before making any decisions based on the Content provided here.

5. PRODUCT SALES

The Content available on this Site is for general information purposes only. It aims to educate the User on how our products function but is not meant to provide financial, legal, or professional advice. This information should not be the sole basis for any f inancial decisions.
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We require all users to carefully review the detailed terms and conditions associated with each product during the purchase process. These terms are crucial as they provide comprehensive information about the coverage, benefits, limitations, and obligations under the contract. The decision to purchase should be based directly on these specifics. Users are advised not to rely solely on the general information provided on this Site for making purchasing decisions. Poncho disclaims any liability for decisions made without consulting the detailed product terms.

5. BECOME A REGISTERED USER

You do not need to become a Registered User to access the Site. However, if you do not register, some of the Services offered on the Site will not be accessible to you and you will only be able to view the public part of the Site.
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If you choose to become a Registered User of the Site, you agree to provide us with true, accurate and complete information about yourself, to maintain and update such data and to keep it accurate, failing which Poncho cannot guarantee an optimal use of its Site and access to its Services.

6. PASSWORD AND USER ACCOUNT SECURITY

To become a Registered User of the Site, you must create a User Account using your email (username), password and mobile phone number for security validation (double authentication).
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If you are a Registered User of the Site, you are entirely responsible for maintaining the confidentiality of your password and your User Account information.

You agree to notify us immediately of any known or suspected unauthorized use of your User Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You are fully responsible for all activities that take place under your User Account.

7. CANCELLATION OF USER ACCOUNT

If you do not comply with the T&Cs at all times, we reserve the right to suspend or deactivate your User Account without notice and without any compensation whatsoever being demanded. You can also deactivate your User Account, at any time, by requesting the deletion of your data by a request sent email to Poncho at data@useponcho.com.

8. CONDUCT GUIDELINES

You acknowledge that you are solely responsible for all postings that you post, email or otherwise transmit to or by using the Site, including but not limited to your User Profile information.

You agree not to use the Site (including the Services offered on this Site) to:

  1. upload, post, email or otherwise transmit any posting or other material, including but not limited to, unlawful, threatening, abusive, harassing, obscene, invasive of another’s privacy or honor, hateful or racially or ethnically motivated;
  2. impersonate any person or entity, including but not limited to any user of this Site, director, officer, employee, shareholder, agent or representative of Poncho or any other person or entity, or misrepresent or misrepresent your affiliation with Poncho, or any other person or entity;
  3. upload, post, email or otherwise transmit any posting or other material that you do not own, or do not have the right to upload, post, email or to otherwise transmit under any law or contractual relationship;
  4. upload, post, email or otherwise transmit any posting or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the operation of the Site or any software or computer hardware or telecommunications equipment (including but not limited to Trojan horses, worms or otherwise carrying malicious code);
  5. intentionally or unintentionally violate any applicable national, cantonal or international law;
  6. access or attempt to access the User Account of another Registered User without their consent. Legal proceedings (civil and / or criminal) may be initiated in the event of violation of these prohibitions.

9. RESTRICTIONS ON USE OF MATERIALS AND INTELLECTUAL PROPERTY

You agree not to use any process allowing to access, acquire, copy or control all or part of the Site (in particular but not exclusively robots, “page scrape”, “deep linking” or any other process or application that can be used for these purposes). You also agree not to reverse engineer, disassemble, decompile or alter in any way the Site or its Services, attempt to do so or provide assistance to a third party to this effect. You further agree not to remove or attempt to remove, or render partially or totally inoperative the technical protection components of the Content (in particular but not exclusively any watermarks and blocking of selections).

Finally, you refrain from performing or attempting to perform any maneuver that is not provided for by the Site, its interface and its Services or from exploiting or attempting to exploit a security vulnerability that it has identified. Legal proceedings (civil and / or criminal) can be initiated in the event of violation of these prohibitions. You acknowledge that the Site may contain, in particular, but not exclusively, information, software, photos, videos, texts, graphics, music, sounds, creative suggestions, messages, comments, reactions, ideas, notes, drawings, articles and other documents (collectively, the “Content”) which are protected in particular by the federal law on copyright and related rights (LDA), the federal law against unfair competition (LCD) and by the applicable international instruments in the field of intellectual property. We also own a copyright in the selection, coordination, arrangement and improvement of such Content.

All trademarks appearing on the Site remain the exclusive property of their respective owners. Our business partners and other third parties may have other proprietary rights in the Content they post on this Site. Unless expressly authorized in writing by poncho, you may not, including but not limited to, modify, publish, copy, transmit to third parties, distribute, exploit, perform, translate, reproduce, participate in the transfer or sale, create derivative works or exploit in any way, in whole or in part, the above Content.

When the Content is downloaded to your computer, you do not acquire any ownership rights in it. Modification or use of the Content for any purpose other than use of the Site, including but not limited to, use of any Content in print or on any other website or networked computer environment is strictly prohibited, except prior express written permission of Poncho.

10. NO PLATFORM WARRANTIES

You acknowledge that you have a compatible and sufficient computer configuration with regard to the technical requirements of the Site and our Services and acknowledge that Poncho cannot be held liable in any way in this regard. To the fullest extent permitted by law, Poncho expressly excludes all liability or warranties of any kind, express or implied, in connection with the Site. Thus, we do not guarantee, in particular but not exclusively, the accuracy, the uninterrupted availability, the functionality or the absence of viruses, failures or errors on the Site. At our sole discretion and without notice or liability, we may interrupt, modify or alter any aspect of the Site, including but not limited to,

  1. restrict the duration of availability of the Site,
  2. restrict the amount of permitted use and
  3. restrict or terminate the right of any User or Registered User to use the Site.

Access may also be suspended, in particular, but not exclusively, in the event of technical damage or maintenance operations. In this regard, you waive in advance and unconditionally to hold Poncho liable for any damage, direct or indirect, resulting from the use of the Site and/or our Services. Any material downloaded or obtained through the use of or through the Site is done so at your option and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such documents. Poncho may also terminate the operation of all or part of the Site and its Services. Poncho thus reserves the right to suspend or terminate the Site and the Services at any time, without its liability being incurred in this respect towards you or towards other third parties.

To the extent possible, Poncho will notify you in advance of any suspension or termination of the Site and the Services. Poncho makes available to the User and Registered User a number of hypertext links to sites administered by third parties, it is being specified that we are not responsible for the content, accuracy, opinions expressed or policies of confidentiality of the sites that we list. The inclusion of a link does not imply that Poncho approves or endorses the third-party website. The visit to the linked sites is done under the full responsibility and at the risk and peril of the User or the registered User.

In addition, we may provide, or third parties may provide, links to other websites or content such as advertisements. You acknowledge and agree that we are not responsible for the availability of such external sites and that we are not responsible for the content, advertising, products or any other material available on or from such sites. Further, you acknowledge and agree that under no circumstances will we be liable, directly or indirectly, for any loss or damage caused to you or which is alleged to have been caused to you in connection with the use or the trust you place in any content, advertisement, product or other resource available on any other website. You should contact the administrator or webmaster of the site concerned with any questions relating to any other website, but without warranty of any kind whatsoever as to the content and material of this website.

The information published on the Site and all models as well as any other type of document does not in any way constitute legal or other advice.

11. LIMITATION OF LIABILITY

In general, Poncho excludes its liability for any reason whatsoever, for any damage alleged directly or indirectly with the use of the Site and / or its Services, to the full extent provided for by law (art. 100 CO). In particular, but not exclusively, damages related to checklists and FAQs are concerned.

12. INDEMNIFICATION

In general, Poncho excludes its liability for any reason whatsoever, for any damage alleged directlyYou agree in advance to compensate, to relieve any conviction, to exonerate, to release from any liability and / or, at our option, to defend Poncho (including our managers, directors, employees, shareholders, agents, representatives and their representatives) in the context of any claims or legal actions of third parties resulting from your misuse of this Site, and / or your violation of these T&Cs and / or the privacy policy, and / or any infringement in connection with the Site and its Services, and / or the infringement or use by any other User or Registered User of your Registered Account, and / or any infringement related to Property rights intellectual property, and / or the law or any right of any third party. In such circumstances, you thus agree to indemnify Poncho for any loss, third party claims and / or costs, including reasonable legal fees.

13. GENERAL PROVISIONS

If one of the provisions of these T&Cs should be held to be illegal, void or otherwise unenforceable for any reason whatsoever, the provision concerned must be amended to allow its application and the invalidity or inapplicability of this provision will not affect in no way the validity or applicability of the other provisions of the T&Cs. If any provision of the T&Cs should be invalidated by a court, only the provision in question will be amended and the other provisions will remain in full force. Poncho’s failure to enforce or exercise any right or provision of these T&Cs shall not constitute a waiver of such right or provision. These T&Cs apply for the benefit of our successors, assigns and licensees.

14. AMICABLE DISPUTE SETTLEMENT CLAUSE

In the event of a dispute or disagreement arising between Poncho and the User in connection with these T&Cs, including their interpretation, the Parties undertake to do their best to find an amicable agreement. Failing agreement, the Parties undertake to settle any dispute through mediation. The seat of the mediation is in Lausanne and only Swiss law is applicable. As a result, the Parties refrain from entering any legal proceedings before having attempted this alternative method of conflict resolution. In the event that Poncho’s important interests are at stake, the latter reserves the right to act before the ordinary courts by means of a request for super provisional or provisional measures without having to act by way of prior mediation.

15. APPLICABLE LAW AND FORUM

These T&Cs are written in several languages. These T&Cs are subject to Swiss law alone. Any conflict directly or indirectly related to the T&Cs will be governed by Swiss law alone, with the exception of the rules on conflict of laws. Disputes arising, directly or indirectly, from the T&Cs come under the sole jurisdiction of the ordinary courts of Lausanne, recourse to the Federal Court being reserved.

16. CONTACT

Poncho Insurance Ltd Rue de Lausanne 35a, Ch-1110 morges. Email: info@useponcho.com.