Terms of Service
The Limited Company with the name “PENGU TECHNOLOGIES SINGLE-MEMBER ANONYMOUS COMPANY,” with the trade name PENGU TECHNOLOGIES and registration number (GEMI) 168827401000, based in the Municipality of Chalandri, Attica (22A Papanikoli Street), with VAT number 802045795 , and with the contact email address support@penguapp.com, and customer service phone line: +302107000731 , (Subsequently referred to as the “Company”) manages the Pengu application (hereinafter “Application” or “Pengu”) and the online services provided through it, along with any information or content (e.g., photos, texts, graphics) contained within it as well as on the website https://penguapp.com/ (hereinafter “the Material”), with the purpose of providing Pengu users the ability to create an account and, through it, to order and/or purchase products or services with immediate delivery from restaurants, cafes, pharmacies, kiosks, supermarkets, commercial businesses, couriers, and anything else within the realm of reality.
The following terms and conditions will apply to the use of the services provided by Pengu. Any user who downloads the Pengu application (In what follows referred to as “User”) may make use of the services offered by Pengu, subject to paragraph B (Registration Requirements). Each User is considered to unconditionally consent to and accept the terms outlined in this document without any exceptions. If any User does not agree with one or more of these Terms of Use, they are obliged, at their own responsibility, to refrain from using Pengu.
The use of the application and its services signifies the unconditional acceptance of the Terms of Use as they stand at any given time. The Company reserves the right to modify or revise the Terms of Use at any time it deems necessary and undertakes the obligation to inform Users of any changes by updating these Terms of Use. The last update date will be indicated in the Terms of Use. Aside from the update of the current Terms of Use, no further notification to Users is required for the renewed Terms of Use to take effect. For this reason, Pengu encourages all Users to regularly visit the Terms of Use to stay informed about the current Terms of Use.
A. RIGHT TO USE PENGU.
By accepting these Terms of Use, the Company grants you the right to use the Pengu Application, specifically as defined in these Terms of Use and in accordance with applicable law, while the Company continues to retain all rights not expressly granted to you.
Specifically, and subject to your full and ongoing compliance with these Terms of Use, the Company hereby grants you a personal, limited, non-transferable, and freely revocable right to use the Application on compatible devices that you own or control, strictly for personal, non-commercial use and only in accordance with applicable law. Pengu may revoke the right to use the Application at any time, at its sole discretion.
You are prohibited from modifying, reproducing, distributing, or further making the Application available. If you violate or otherwise exceed the right to use the Application, the Company reserves the right to take action against you in civil and/or criminal courts for the infringement of its intellectual property rights.
B. TERMS OF USE OF PENGU
To use the Pengu application, you must be at least eighteen (18) years old. By accepting these Terms of Use, you represent and warrant that:
- You are at least eighteen (18) years old,
- You have not been prohibited from using the Application, and
- Your registration with the Application and your use of it do not violate applicable laws.
Each User agrees and undertakes to use the services provided by Pengu in accordance with the law and based on principles of good faith and fair dealing. Specifically, the User is obligated not to use the Application to send, publish, or transmit content in any way that is illegal for any reason or causes unlawful harm or damage to the Company or any third party.
Each User is responsible for their use of the Application and only for lawful and legitimate purposes. Indicatively, and without limitation, it is prohibited to:
a) Create fake accounts with fraudulent intent,
b) Cause damage to Pengu’s servers or networks or to the source code of the software that constitutes it,
c) Obstruct the smooth and lawful use of the Application by other users,
d) Install, promote, or transmit through the Application digital viruses and/or harmful or dangerous files or programs, and
e) Infringe upon the rights or personality of third parties.
C. REGISTRATION AND ACCOUNT CREATION
To access certain features of the Application, it is necessary to create an account. If you wish to create an account with Pengu, you are required to provide certain information about yourself, specifically the following details: full name, email address, phone number, and optionally, a photo of yourself and your credit card information. If any of the above information changes, you are obliged to update your details in the Application.
During your registration, you will also be asked to provide a password, which you must not disclose to any third party. You are solely responsible for maintaining the confidentiality of your password and assume responsibility for all activities conducted through your account. If you have reason to believe that a third party knows your password or that for any reason your account is no longer secure, you must notify us immediately so that we can take appropriate action. In any case, the User is considered solely responsible for accessing their personal accounts on Pengu, as well as for controlling, using, managing, and securing their passwords in the Application, and will be liable for any costs, losses, or damages that Pengu may incur to third parties due to the use of your account. If there is any doubt regarding your account, we may ask you to provide further information or documents to confirm your identity and help ensure the security of your account.
You will then be required to read and accept the Terms of Use of the Application, and once you do so, your account will be created, and you will be able to use all the features of the Application.
D. USE OF SERVICES PROVIDED BY PENGU
Pengu connects Users with retail stores, restaurants, cafes, pharmacies, kiosks, supermarkets, and couriers (hereinafter referred to as “Merchants”) by undertaking to offer delivery or pickup services order by order. Through Pengu, Users can request the delivery of goods, food, medications, or other products from the Merchants.
After the User registers on Pengu, and as long as the User wishes to place an order through Pengu, the User can choose one of the following categories of services: “Restaurants-Cafes,” “Pharmacies,” “Kiosks,” “Couriers,” “Supermarket,” “Gifts & Shops,” and “Miscellaneous.” Once the User selects the desired category, they will be informed of the cost of the order and the time required for the delivery of their order. For the categories “Restaurants-Cafes,” “Couriers,” “Gifts & Shops,” and “Miscellaneous,” Pengu’s charges may vary due to distances and the time needed to complete each order. The User must then describe their order clearly and in as much detail as possible or send a photo of the product/service they desire. In any case, Pengu may contact the User to request further information/clarifications regarding the requested products and services.
The Company may change its pricing policy or the delivery times for each category or add any additional charges for the use of the Application at any time, as the Company deems necessary, appropriate, or advisable for Pengu. Users will have the opportunity to be informed by the Application before placing their order, in accordance with the above, so they can decide whether to continue using Pengu’s services. In any case, Pengu has no obligation to analyze its costs, profits, or profit margins or to inform Users about them.
The use of Pengu may be subject to separate terms of service and third-party charges including, indicatively of the charges from the mobile service provider for data usage, which are the sole responsibility of the Users.
E. PAYMENT THROUGH PENGU
Besides the charges for the delivery services offered by Pengu, which are available in the Application (see Paragraph D above), the User is required to pay the price for the purchase of the product or service provided by the Merchants. The prices of the products and/or services of Merchants are determined exclusively by them. If the User does not specify the Merchant from whom they wish to obtain the ordered product, Pengu will select the Merchant that is closest or best serves Pengu’s courier for the procurement of the product/service ordered by the User.
Upon submitting the order, the User authorizes Pengu to procure either from a specific Merchant—if mentioned in their order—or from a Merchant of Pengu’s choice the requested product or service, making the purchase in the name and on behalf of the User. In any case, Pengu reserves the right to request additional information from you regarding the description of the products or services, beyond what is included in your order.
When the User instructs Pengu via the Application to pick up a package from third-party Couriers, any agreement between the User and the courier company pertains exclusively to the User and the courier and does not bind Pengu. Pengu is not bound and bears no responsibility for any agreement between the User and the courier company.
Due to the nature of the Application, Pengu does not know the amount charged for the products or services of the Merchant. The User is obliged to pay the price of the product or service as well from the Merchants to Pengu upon the delivery of the ordered products or services and the receipt from the Merchant.
Users may cancel their order up until the moment the Merchant delivers the products or services intended for the Users to Pengu. Users should be aware that they may be charged depending on the stage at which the order was when they canceled it. After the Merchant has delivered the products or services that Users have ordered through Pengu, it is not possible to cancel the order, and at the same time, Users are obliged to pay Pengu the price for both the ordered product/service and the delivery service provided by Pengu.
F. LIABILITY OF PENGU
The Company’s liability to Users is limited exclusively to the amount of the value of the delivery service offered by Pengu for the specific order.
Furthermore, the Company does not provide any guarantees of any kind regarding the Merchants and their products or services.
Specifically, Pengu is not responsible for the compliance of the Merchants with the applicable legislation governing the operation of each Merchant.
In addition, Pengu bears no liability whatsoever, nor does it provide any guarantees for the products of the Merchants delivered to the User. For any complaints from the User related to defective products, the User should contact the Merchant from whom the product originated, without any intervention or mediation by Pengu. Pengu recommends that Users consult and direct any inquiries related to the products provided by the Application to the respective Merchant or to the manufacturers of the products in order to obtain further information regarding the characteristics of their chosen product.
Moreover, Pengu does not have the ability to verify and does not guarantee the availability of the products and services of the Merchants. Pengu bears no responsibility for any Merchant’s inability to deliver the requested product or to provide the service desired by the User.
Consequently, Pengu is not liable and does not have an obligation to compensate for any damage or loss incurred by the User due to the non-fulfillment or delay in fulfilling any order that is not due to the fault of Pengu.
Finally, under no circumstances shall Pengu be liable for any damage that the User may suffer due to reasons related to the operation or non-operation and/or use of the Application. The Company reserves the right to discontinue the operation of Pengu for maintenance, upgrading, or for any other reason deemed appropriate by the Company.
F. INTELLECTUAL PROPERTY.”
All content of the Application, including trademarks, logos, images, graphics, photographs, designs, texts, etc., constitutes the intellectual property of the Company or third parties from whom the Company has obtained a license to use for the Application. The intellectual property of the Company and third parties is protected under the relevant provisions of Greek, EU, and international law regarding the protection of intellectual and industrial property. Consequently, any copying, transfer, or creation of derivative works based on this content or misleading the public regarding the actual administrator of the Application is prohibited. The reproduction, reissue, loading, announcement, dissemination, or transmission, or any other use of the content of our Application in any manner or medium for commercial or other purposes is only permitted with the prior written consent of the Company or the holder of the copyright.
Z. PERSONAL DATA PROTECTION POLICY
For any issue concerning the processing of Users’ personal data, please refer to the Pengu Personal Data Protection Policy, which you can find here. The Personal Data Protection Policy constitutes an integral and indivisible part of these Terms of Use.
H. MISCELLANEOUS
The Company is committed to supervising the implementation of these Terms of Use at its sole discretion. In any case where the Company identifies a breach of these Terms of Use by one or more Users, they shall be liable to compensate the Company for any positive and/or consequential damage suffered by the Company as a result of this breach.
In any case, for any dispute arising from the application of these Terms of Use between the Company and the Users, Greek law shall apply. The exclusively competent courts for any disputes arising from the application of these Terms of Use shall be the relevant courts of Athens.
