Pengwin's Terms Of Service
1.1 PENGWIN – operated under the legal entity Social Zynapz Co., Ltd., with registered Office in 281/19-23 Level 6, Room 605, Silom Soi 1, Silom Road, Silom Sub-District, Bangrak District, Bangkok 10500, Thailand, Registration Number 0105562066814, hereinafter referred to as “PENGWIN”, offers you a social media software-plugin (hereinafter “Tool”) to i.a. book, pay, and track shipping services as simple as possible by using the functions provided in the Tool, e.g. the function to request price quotes for shipments, to receive shipping labels and/or tracking numbers in order to process your shipment and other related functions (all together “Functions”).
1.2 These ToS shall apply in relation to your use of the Tool, its Functions and the handling of the transportation services (hereinafter “the Transportation Services”). The Transportation Services are subject to the Terms and Conditions for Transportation Services (“T&Cs”) as set out in Section II. below.
2.Parties to the Agreements
The parties to the agreements for the usage of the Tool and the Transportation Services provided via the Tool are PENGWIN and you, as a sender of shipments on social media-platforms, -applications etc. With regard to the Transportation Services PENGWIN acts as an authorized dealer of the according transportation services providers, that are subcontractors of PENGWIN, i.e. a transportation contract is entered into between PENGWIN and you as the sender (“Transportation Contract”) based on the T&Cs as set out below. PENGWIN and you may also be jointly called “the Parties”.
3.Registration and Confidentiality of Access Information
3.1 If you want to use all Functions of the Tool, in particular with the purpose to send shipments, you have to register for continuous usage of the Tool. For the registration you shall give in the required data into the registration mask. By sending an (instant) message PENGWIN confirms the registration and all Functions may be used immediately thereafter. PENGWIN is free to accept or refuse any registration request.
3.2 You shall keep the use and access permissions assigned to you secret, protect them against access by unauthorized third parties and not disclose them to unauthorized users. Only persons with a need to access the Tool in order to use the Functions on your behalf shall be authorized by you (“authorized user”). You shall notify the authorized users about your obligations and shall obtain corresponding undertakings from the authorized users. You acknowledge your own responsibility for the safekeeping, handling and use of the Tool, also in relation to the shipments that may be requested by third parties through the Tool by using your account. You agree to notify PENGWIN immediately of any unauthorized use of your account, or any other breach of security.
4.Usage of the Tool and its Functions
You shall use the Tool only for the PENGWIN related purposes set out in Section I. 1.1. You are not allowed to (a) modify, interfere with, disable any features, functionality or security controls of the Tool and its Functions; (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms of the Tool and its Functions, or (c) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form of the Tool and its Functions.
You shall take all necessary steps to ensure that you do not transmit or receive any computer viruses, worms or other programs whatsoever that may or are intended to damage, interfere with, intercept or expropriate any system, data or information whatsoever of PENGWIN.
You shall ensure that all information which you provide to PENGWIN via the Tool is complete, correct and accurate. You will be solely responsible for any damage or consequence that may arise from the use of false or incorrect or incomplete information.
5.No Fee for Usage of the Tool, No Guarantee of Performance, Measures by PENGWIN in Case of Violations
The services and the information in the Tool are provided on an "as is" basis. PENGWIN, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. PENGWIN, its affiliates or agents make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Tool. No information obtained via the Tool shall create any warranty not expressly stated by PENGWIN in these terms.
In addition to any rights it may have under applicable law, PENGWIN may temporarily or permanently suspend your use of the Tool, if PENGWIN has reason to suspect, that you have violated statutory provisions, the ToS and/or T&Cs or if PENGWIN has any other legitimate interest. Upon such suspension, you must (a) immediately discontinue your current use of the Tool and (b) not use the Tool and its functions in future, unless PENGWIN permits such usage for the future in text form. You agree that PENGWIN shall not be liable to you or to any third party for any suspension of your access to the Tool given the above circumstances.
You accept that PENGWIN is free to modify, add new or remove Functions or to cease its services completely or to replace the Tool with another IT-Solution at its sole discretion at any time.
6.Intellectual Property Rights, Licenses
To the extent permitted by law, in no event PENGWIN, its affiliates or agents shall be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption or otherwise resulting from the use of or inability to use PENGWIN, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not PENGWIN is advised of the possibility of such damages.
The Tool may contain links to other independent third party websites (“Linked Sites”). These Linked Sites are not under PENGWIN’s control and PENGWIN is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained in such Linked Sites.
II.Terms and Conditions for Transportation Services (T&C)
Parties to the Transportation Contract
PENGWIN is your contractual partner with regard to the Transportation Contract. In order to render the contractually agreed Transportation Services, PENGWIN subcontracts the transportation services provider previously selected by you within the Tool.
Conclusion of the Transportation Contract
By clicking the button “Purchase Shipment” you confirm the previously entered transport order including all specified information, e.g. sender details, recipient details, and submit a binding offer to PENGWIN. PENGWIN accepts this offer by charging you according to Section II 2 below or by sending you the tracking number and/or shipping label for your shipment, whichever comes first.
Once PENGWIN accepted the offer you cannot cancel the transport order and cannot claim refund of the payment.
The shipment can only be processed, if you affix the tracking number and/or shipping label properly onto your shipment. The tracking number and/or shipping label has a validity of 24 h after the reception of the tracking number and/or shipping label.
More information on the nearest Drop-off point is provided in the Tool (esp. as a link to location finders of the according transportation services provider).
Terms and Conditions of the Transportation Contract
The general terms and conditions of transport and delivery of the transportation services provider chosen by you (hereinafter referred to as "Transport Terms") shall apply mutatis mutandis to the Transport Contract between PENGWIN and you. The Transport Terms are made available here
Please note that certain items are Prohibited Items and cannot be sent by any of our services. Check your item against the prohibited item list here[GP(DS3] .
2.1 For the Transportation Services the charge provided in the Tool during the booking process shall be the charge accepted by you as the sender of a shipment.
2.2 The transportation charges are invoiced by PENGWIN after the booking of the shipment. You shall pay the charge for the booked Transportation Service by using a payment method offered in the Tool.
2.3 PENGWIN reserves the right to charge the correct fee in the event that the details of the shipment, in particular volume, weight or dimensions, deviate from your entered information. PENGWIN or its subcontractors may re-weigh and re-measure any shipment.
3.Confirmation, Archiving of Shipment
3.1 PENGWIN will confirm the booking of your shipment via html-page disclosed in the Tool, providing you with all the details of your shipment including the price for the transportation.
3.2 Besides this, the Tool provides for the possibility to archive your shipments.
4.Track & Trace
PENGWIN´s customer service is available to you from Monday to Friday, excluding federal holidays in Thailand (from 9:00 a.m. to 16:00 p.m.; GMT+7) via E-Mail at firstname.lastname@example.org.
1.Applicable Law, Jurisdiction
The above ToS and T&Cs shall be governed by the laws of Thailand. The place of jurisdiction for any and all disputes in relation to the rights and obligations of the Parties arising from these ToS and/or the T&Cs shall be Thailand.
2.Changes to the ToS and/or T&Cs
PENGWIN may revise the ToS and/or T&Cs at any time. PENGWIN shall notify you of any changes to the ToS and/or T&Csin text form (e.g. by e-mail, instant message) (“notification of changes”). The changes shall take effect and the contractual relationship shall continue under the changed conditions if you do not object to these changes within two (2) weeks after receiving the notification of changes by means of notification in text form to PENGWIN, e-mail email@example.com. This deadline shall be deemed to have been met so long as the objection is sent to PENGWIN within this time period. PENGWIN shall specifically point out to you in the written notification of changes the above consequences of failure to object.
Version April 2019