Terms and Conditions
Penguin ID Standard Terms and Conditions of Sale for Penguin P30 Barcode Scanner
These Terms and Conditions of Sale and Service (these “Terms”) apply to all online sales of products and subscription services offered by Penguin ID LLC (“Penguin”) through https://penguinid.com/place-an-order/ (the “Site”). By placing an order for products or subscription services through the Site, you accept and are bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind such organization or company to these Terms. These Terms are subject to change from time to time by Penguin.
- Purchase Order
Your order must be placed using the order form provided on the Site. You agree that your order is an offer to buy, under these Terms, all products including, but not limited to, Penguin P30 Barcode Scanner (the “Product”) and subscription services (the “Services”) listed in your order. All orders are subject to acceptance by Penguin in its sole discretion. Penguin reserve the right to decline or cancel any order including, but not limited to, the Services at any time. In such instances, Penguin may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Penguin assume no responsibility for issues resulting from any such decline, cancellation, or notification failure. All orders for the Services are final and cannot be refunded or canceled. All Services is yearly and may be renewed up to two months prior to its expiration. All sales are non-exclusive.
2. Prices
The prices and promotions advertised on the Site are for online orders only, unless otherwise specified. All prices are listed in U.S. dollars. All prices, discounts, and promotions posted on the Site are subject to change without notice, and the price charged for the Product or the Services will be the price advertised on the Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. Posted prices do not include taxes or charges for shipping and handling. All such taxes and estimated charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email.
Penguin may exercise any lawful remedy if a dispute arises over payment. Without limiting the preceding sentence, if payment is not made, Penguin may cancel your order or terminate services.
3. Warranty Disclaimer
To the fullest extent permitted by applicable law, Penguin disclaims all warranties, express or implied, except those specifically required by law. Some jurisdictions, including California, may not allow the exclusion of certain warranties, so some disclaimers may not apply to you.
4. Limitation of Liability
To the fullest extent permitted by applicable law, Penguin shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your purchase or use of the Product or the Services, even if Penguin has been advised of the possibility of such damages. In no event shall Penguin’s total aggregate liability for any claim arising out of or relating to the Product, the Services, or these Terms exceed the total amount you paid for the Product or the Services giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable California law, including liability for personal injury caused by negligence or for fraud.
5. Use of the Product
For details on how to use the API and apply for the HASH key, please download the “P30 Product Reference Guide” from our website.
6. Service Availability and Maintenance
Penguin provides its services on an “as available” basis and does not guarantee continuous, uninterrupted, or error-free operation. Services may be suspended or limited without notice for maintenance, updates, security fixes, or unforeseen technical issues. Penguin may, but is not obligated to, provide notice of scheduled maintenance. You agree that Penguin is not be liable for any interruption, delay, or inability to access the services, whether scheduled or unscheduled.
You acknowledge that server performance depends on the traffic generated by other users. While Penguin strives to maintain a fast and responsive API, server response depends on the traffic generated by other users, therefore, a certain speed for the response time cannot be guaranteed at all times.
7. Data Privacy
Penguin is committed to protecting your privacy. The server is located in the USA, and any data which is processed through the API is NOT stored or shared at any time.
8. Open-Source Components
The Product may include or make use of certain open-source software components that are subject to their own license terms and you acknowledge and agree that your use of such open-source software is governed by the applicable open-source licenses, which may permit you to use, copy, modify, or distribute the software under certain conditions.
9. Use of Demo Version Subscription
By purchasing the Subscription, you acknowledge that you have used the free demo version of the Services which comes with the purchase of the Product, and that you are familiar with the Product and using the Subscription.
The Services is offered on an “as is” basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Penguin does not guarantee that the Services will be uninterrupted, error-free, or meet your specific needs or expectations.
10. Subscription Credit Reset
Usage credits for the AI function for the Services reset on the first day of each month.
11. Termination
Penguin reserves the right to suspend or terminate your access to the Subscription, in whole or in part, in its sole discretion, if you breach these Terms and Conditions, violation of applicable laws, or actions that may harm Penguin, its users, or third parties. In such event, you shall not be entitled to any refund of fees paid.
12. California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the product or services provided by Penguin, please contact us at:
Penguin ID LLC
4604 Robbins St, San Diego, CA 92122
(858) 752-7967
sales@penguinid.com
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may also be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
13. Miscellaneous
a. Governing Law: These Terms and any related transactions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
b. Entire Agreement: These Terms constitute the entire agreement between you and Penguin regarding the sale of the Product and the Services and supersede any prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral.
c. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
d. Waiver: The failure of Penguin to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
e. Force Majeure: Penguin shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, government actions, labor disputes, shortages, or disruptions in supply chains.
f. Assignment: You may not assign or transfer your rights or obligations under these Terms without prior written consent from Penguin. Penguin may assign these Terms without restriction.