Terms of service
Terms of service
Welcome to our website. This document contains the Terms and Conditions that govern your use of this website. They describe your rights and responsibilities. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this website.
This site is owned and operated by Poni Cosmetics Pty Ltd (ACN 610 195 625). (Herein after referred to as ‘we’, ‘us’, ‘our’ or ‘it’). We reserve the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these Terms and Conditions from time to time for such changes.
Product Descriptions and Colours
We have done our best to display as accurately as possible the colours of the products shown on this website. Occasionally, prototype samples are photographed. Production models may vary slightly. You will always receive the latest model.
The colours you see will depend on your monitor and so we cannot guarantee that your monitor’s display of any colour will be accurate.
Correction of Errors and Limitations
Whilst we make every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that Submissions
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Communication from us
If you consent we may email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and these communications will contain a clear link to unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these emails, unless you choose to re-subscribe at a later date.
Your use of the website
While utilising our website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar individuals thought to be conducting such activity. You may not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, or to any other services offered on or through the website by hacking or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the website or our systems or networks, or any systems or networks connected to the website.
Third party sites
The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
Copyright / Trade Mark Information
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is subject to copyright. Permission to use documents delivered from this website and/or server and related graphics is restricted. Our name or any trade mark or logo appearing on the website may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from us. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
Limitation of Liability
We make no representation or warranty of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your own risk.
To the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.
Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Miscellaneous
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales, Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforcability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
For any questions and notices, please contact us at:
Poni Cosmetics Pty Ltd (ACN 610 195 625)
Email: [contactus@ponibeauty.com.au]
Privacy policy
Poni Cosmetics Pty Ltd (ACN 610 195 625)and its related entities in Australia and New Zealand (“Poni Cosmetics”/“we”/”us”) understand the importance of privacy laws and are committed to protecting your privacy and adhering to all privacy regulations where we operate. This document is intended to help you understand how we collect and use information about you and will cover:
- What information we collect about you
- How we use information we collect
- How we share information we collect
- How we store and secure information we collect
- How to access, control and correct your information
- How we transfer information we collect internationally
- Other privacy information
- Cookie and tracking notice
The following policy (“Privacy Policy”) covers the information we collect about you when you interact with Poni Cosmetics on our digital properties, such as www.ponibeauty.com.au and any other website we own and operate, or otherwise engage with us such as when you apply to join the Poni Cosmetics team. This policy also explains how we use and disclose information about you, and how you can access and update certain information about you. If you do not agree with this policy, please do not interact with Poni Cosmetics products on our digital properties. Should you have any questions about this policy, we welcome you to contact us at contactus@ponibeauty.com.au
What information we collect about you
The information we collect about you will depend on the nature of our engagement with you. We collect information about you when you provide it directly to us either through our support channels or on our digital properties.
Account and Profile Information
We collect information about you such as your name, address, email and phone number when you register for an account, subscribe to our newsletter, or create or modify your profile or preferences
Content you provide through our website
We collect information about you in content that you submit to our websites. For example, you provide content to us when you provide feedback, submit reviews, participate in interactive features, surveys, contests, promotions, activities or events. We monitor and collect information about how you interact with our websites. For example, we look at how you interact with the different pages, features and content on our websites, such as, pages you visit, videos you watch and products you look at to name a few.
Device and Connection Information
We collect information about your computer, phone, tablet or other devices you use to access our digital properties. This includes information about your operating system, browser type, IP address, URLs of referring/exit pages and device identifiers. We use your IP address and/or country preference in order to approximate your location to provide you with a better experience. How much of this information is collected depends on the type and settings of the device you use to access our digital properties.
Cookies and Other Tracking Technologies
Poni Cosmetics and our third-party partners, such as our advertising and analytics partners, use cookies and other tracking technologies (e.g., web beacons, device identifiers and pixels) to provide functionality and to recognise you across different digital properties and devices. For more information, please see our Cookie and Tracking Notice below, which includes information on how to control or opt out of these cookies and tracking technologies.
Information you provide through our support channels
Our digital properties also include our customer support, where you may choose to submit information regarding a problem or query regarding our products and services. You will need to provide contact information, a summary of the problem or query and any other documentation, information and attachments that would be helpful in resolving your query or problem.
Other Partners
From time to time we receive information about you and your activities on and off our digital properties from third-party partners, such as advertising and market research partners who provide us with information about your interest in and engagement with, our products or services and online advertisements.
Your experience and employment history
If you apply to join the Poni Cosmetics team, we will collect your name, address, contact details, date of birth and gender, details of your employment history, education, professional qualifications, visa or right to work information, and your referees. We may also collect health information about you (with your consent) if that is relevant to the role you are applying for. We will generally collect this information directly from you, but may collect information about your employment history from an agency, other third party or from your referees.
How we use information we collect
How we use the information we collect depends on which part or feature of our digital properties you use, how you use them and any preferences you have communicated with us.
To provide the Services and personalise your experience
We use information about you to provide products and services to you. This can include, processing transactions, authenticating you on log in to your account, providing customer support and operating and maintaining our products and services and digital properties.
Our digital properties also include tailored features that personalise your experience. For example, we may use your browsing to deliver you content that is relevant to these behaviours.
For research and development
We always aim to provide the best possible products and services. We use individual and collective feedback to improve our products and services as well as our digital properties. For example, we will action direct feedback given through customer support and product reviews as well as user behaviour with content on our digital properties.
To communicate with you about our products and services
We use your contact information to send you emails regarding our digital properties, and products, subject to your consent. Our service emails are non promotional in nature and aimed providing you important information about our digital properties.
To market, promote and drive engagement with our products and services
We use your contact information and information about how you use our products and services as well as our digital properties to send promotional communications that may be of specific interest to you, including by email and by advertisements on other companies’ websites and applications. You can control where you receive these communications as described below under “Opt-out of communications”.
Mobile Terms of Service
The Poni Cosmetics mobile message service (the "Service") is operated by Poni Cosmetics ( “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Poni Cosmetics’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Poni Cosmetics through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Poni Cosmetics mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP or email [contactus@ponibeauty.com.au].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Customer support
We use your information to resolve problems and requests you submit to our customer support team.
For safety and security
We use your information to verify accounts and activity to monitor suspicious or fraudulent activity including on our digital properties.
To protect our legitimate business interests and legal rights
Where required by law or where we believe it is necessary to protect our legal rights, interests and the interest of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions and disclosures in connection with the acquisition, merge or sale of a business.
If you apply to join the Poni Cosmetics team, we will use your information to assess your application for employment, and if you do join, to on-board you and manage our employment relationship with you.
With your consent
We use information about you where you have given us consent to do so for a specific purpose not listed above. For example we may publish testimonials or featured customer stories to promote our products and services using information about you, with your permission.
How we share information we collect
Your information is shared with third parties that we use to help us operate, provide, improve, integrate, customise, support and market our products and services. For example, this includes analytics and advertising providers. We do not sell your information or provide your information to any other third party beyond this. We do not share information to our third parties beyond what is necessary for them to provide their service and where possible we anonymise information prior to sending it.
Service Providers
We work with third-party service providers to provide hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you, they do so on a confidential basis and under instruction and monitoring from us.
Third Party Apps
From time to time we may choose to add new functionality or change the behaviour of our digital properties to deliver better experience for you. Doing so may give third-party apps access to your information and any content you choose to use in connection with those apps. We review the privacy policy and data addendum of all their party apps before we utilise them.
Links to Third Party Sites
Some of our digital properties contain links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to those third party sites, your information is governed by their privacy policies, not this one. We encourage you to review the privacy policy of any website you visit.
Third-Party Widgets
Our digital properties may include links that direct you to other websites or services whose privacy practices may differ from ours. For example, you may create an account through linking your Facebook or share a product on social media, your use of any information you submit to any of those third-party sites is governed by their privacy policies, not this one.
With your consent
We share information about you with third parties for a specific purpose not listed above when you give us consent to do so. For example, we may ask you for your consent to post your name alongside a personal testimonial. Consent can be withdrawn at any time and we will stop processing your data in the manner you withdraw consent from, provided it does not prevent us from complying with our legal obligations.
Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights
There may be exceptional circumstances that may require us to share your information with a third party if we believe that sharing is reasonably necessary to (a) comply with applicable law, regulation, legal process or governmental request, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Poni Cosmetics, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
How we store and secure information we collect
We use data hosting service providers in Australia, the United States and the European Union to host the information we collect and we and the hosting providers take technical steps to secure your data.
While we implement safeguards designed to protect your information, no security system is impenetrable and we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
When we hold your information in electronic form, on our IT systems or the IT systems of our service providers, we and they use electronic and procedural safeguards to protect it. If we initially collect your information in paper form, we will destroy that paper when we record the information in electronic form, and will keep the information in paper form securely until that occurs.
Our authorised personnel will have access to your information, and are required to treat information as confidential and handle it in accordance with this privacy policy.
When we no longer need your information for the purposes we collected it or to which you’ve consented, and provided there is no legal reason we need to retain it, we will take steps to either delete or anonymise your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.
How to access and correct your information
Our digital properties give you the ability to access and update certain information we hold about you. If there is information you cannot update but wish to do so, please contact us at contactus@ponibeauty.com.au
Access and update your information
You have the right to access and correct the information we hold about you, subject to certain exceptions.
Delete your account
If you no longer wish to use our product or services through your account you are able to request your account to be deleted through your account profile on our digital properties.
Request that we stop using your information
Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent. In these cases, this will not affect any processing that has already taken place. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is a delay or dispute as to whether we have the right to continue using your information, we will restrict further use of your information until the request is honoured or dispute is resolved.
Opt out of communications
You may opt out of receiving promotional communications from us by either the unsubscribe link within each email, or updating your email preferences with your account profile on our digital properties. Even after you opt out of messages from us you will continue to receive some transactional messages from us where we are legally obliged to do so.
Turn off Cookie Controls
Relevant browser-based cookie controls are described below in our Cookies and Tracking Notice
Send “Do Not Track” Signals
Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. As of this privacy policy update our digital properties no not current respond to browser DNT signals as there is no common understanding of how to interact with DNT signals.
How we transfer information we collect internationally
We primarily store the information we collect in Australia. We may transfer, process and store your information outside of Australia and New Zealand, to wherever we or our third-party service providers operate (in Australia, the United States and European Union) for the purpose of providing you products or services. We take steps to protect your information whenever we transfer it outside of Australia or New Zealand.
Other privacy information
Our policy towards children
Our products and services and digital properties are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us at [contactus@ponibeauty.com.au].
Changes to our privacy policy
We may change this privacy policy from time to time. We will post any privacy policy changes on this page and may provide a more prominent notice, if the changes are significant.
Contact Us with any Questions or a Complaint
If you have any questions, a request, or a concern or complaint about how your information is handled please contact us at contactus@ponibeauty.com.au as a first step. Any formal privacy related disputes should be directed to the Poni Cosmetics Privacy Officer, Level 2, 55 Market Street, Sydney 2000.
We will contact you within a reasonable time after receiving your request or complaint. If you have made a complaint, we will respond and let you know about the way(s) we think we could resolve that complaint. Poni Cosmetics aims to resolve all complaints promptly.
If you have made a complaint about how we have handled your information that we are unable to resolve with you:
- if you are in Australia, you can contact the Office of the Australian Information Commissioner at:
GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992
Online: www.oaic.gov.au
Email: enquiries@oaic.gov.au
- if you are in New Zealand, you can contact the New Zealand Office of the Privacy Commissioner at:
PO Box 10 094, Wellington 6143
Phone: 0800 803 909
Online: www.privacy.org.nz
Email: enquiries@privacy.org.nz
Cookie and tracking notice
Poni Cosmetics and our third party partners, such as our advertising and analytics partners, use various technologies, such as cookies and web beacons (also known as tracking pixels) to collection information. These technologies are used to improve and customise our products and services and our digital properties and your experience with them. For example, to allow you to access account related pages, to determine whether an email has been opened and acted upon and to present you with advertising relevant to your behaviour on our digital properties.
How do we use them?
- Where strictly necessary - These cookies and other technologies are essential in order to enable features on our digital properties, such as remembering you have logged in.
- For functionality - These cookies and similar technologies remember choices you make such as language or search parameters.
- For performance and analytics - These cookies and similar technologies collect information on how you interact with our digital properties to enable us to improve how our digital properties operate. For example, we use Google Analytics cookies to help us improve user experience and marketing campaigns but understanding how visitors arrive at and browser our digital properties.
- Targeting cookies or advertising cookies - These cookies collect information about your browsing behaviours in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technologies service providers and advertises.
- Social media cookies - These cookies are used when you share information using a social media sharing button on our websites or you link your account or engage with our content on or through a social media site. The social network will record this behaviour and may link this information to targeting/advertising activities.
How can you opt-out?
To opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspect of our digital properties and it may break functionality.
Many browsers include their own management tools for removing HTML5 local storage objects or flash please objects.
You will not be able to opt-out of cookies or other technologies that are “strictly necessary” for our digital properties.
Updates to this Cookie and Tracking Notice
The Cookie and Tracking Notice may be updated from time to time. If we make any changes, we will notify you by revising the Cookie and Tracking Notice “last updated” date at the top of this page.