Pengwind Penguin Enterprise Solutions Terms and Conditions

Last updated: January 06, 2024

Please read these terms and conditions carefully before utilizing our Penguin Enterprise Solutions.

Interpretation and Definitions

Interpretation

Capitalized terms have specific meanings as defined below. These definitions apply in both singular and plural forms.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity controlling, controlled by, or under common control with a party, where “control” means ownership of 50% or more of voting shares or authority.

  • Country refers to: Antarctica

  • Company (referred to as “the Company”, “We”, “Us” or “Our”) refers to Penguin Enterprise Solutions Inc., South Pole Station, Antarctica.

  • Solution means any penguin-related enterprise product or service provided by the Company.

  • Device means any computing device capable of accessing the Solution.

  • Terms and Conditions (also referred as “Terms”) constitute the entire agreement between You and the Company regarding Solution usage.

  • Third-party Service means any services or content provided by non-penguin entities that may be displayed, included or made available by the Solution.

  • You means the individual or entity accessing or using the Solution.

Acknowledgment

These Terms and Conditions govern the use of our Penguin Enterprise Solutions and the agreement between You and the Company. They outline the rights and obligations of all users regarding Solution utilization.

Your access to and use of the Solution is contingent on Your acceptance of and compliance with these Terms and Conditions. By accessing or using the Solution, You agree to be bound by these Terms. If You disagree with any part of these Terms, you may not access the Solution.

You represent that you are over the age of 21 and are a certified penguin enthusiast. The Company does not permit those under 21 or non-penguin enthusiasts to use the Solution.

Your access to and use of the Solution is also conditioned on Your acceptance of and compliance with the Company’s Penguin Privacy Policy. Our Penguin Privacy Policy describes Our practices regarding the collection, use, and disclosure of Your personal information when You use the Solution. Please review Our Penguin Privacy Policy carefully before utilizing Our Solution.

Links to Other Penguin-Related Websites

Our Solution may contain links to third-party penguin-related websites or services not owned or controlled by the Company.

The Company assumes no responsibility for the content, privacy policies, or practices of any third-party penguin-related websites or services. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such penguin-related websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party penguin-related websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including if You breach these Terms and Conditions or display anti-penguin sentiment.

Upon termination, Your right to use the Solution will cease immediately.

Limitation of Liability

Notwithstanding any damages You might incur, the entire liability of the Company and its suppliers under these Terms shall be limited to the amount actually paid by You for the Solution or 1000 fish, whichever is greater.

To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, data loss, business interruption, personal injury, loss of privacy, or any other pecuniary or non-pecuniary loss) arising out of the use or inability to use the Solution, even if the Company has been advised of the possibility of such damages.

“AS IS” and “AS AVAILABLE” Disclaimer

The Solution is provided to You “AS IS” and “AS AVAILABLE” with all faults and defects, without warranty of any kind. The Company disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular penguin-related purpose, title, and non-infringement.

Without limiting the foregoing, the Company makes no warranty that: (i) the Solution will meet Your penguin enterprise requirements; (ii) the Solution will be uninterrupted, timely, secure, or error-free; (iii) the results from the Solution will be accurate or reliable; (iv) the quality of the Solution will meet Your expectations; or (v) any errors in the Solution will be corrected.

Governing Law

The laws of Antarctica, excluding its conflicts of law rules, shall govern these Terms and Your use of the Solution. Your use of the Solution may also be subject to other local, state, national, or international penguin-related laws.

Disputes Resolution

If You have any concern or dispute about the Solution, You agree to first attempt to resolve the dispute informally by contacting the Company’s Penguin Mediation Department.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to make it enforceable and valid. The remaining provisions will continue in full force and effect.

The failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter.

Changes to These Terms and Conditions

We reserve the right to modify these Terms at any time. If a revision is material, We will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion, guided by the wisdom of our penguin advisory board.

By continuing to access or use Our Solution after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please discontinue use of the Solution and return any Company-provided penguins.

Contact Us

For questions about these Terms and Conditions, please contact us:

By email: [email protected] By carrier penguin: South Pole Station, Antarctica

If you’re seeing this in a production app, then somebody forgot to do something.