Terms & Conditions

This Internet website ("Website") is provided by Pengallan, LLC ("Pengallan").

Use of this Website is subject to the following terms and conditions ("Terms"). All Users of this Website ("Users") are to comply with these Terms. Pengallan may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all users as of the date stated on the posting. Consequently, users should consult the Terms regularly.

Please read these Terms carefully before using the Website. Users expressly acknowledge that they have been advised of these Terms upon entering the Website and have had access to the same. Consequently, by using the Website, Users signify their assent and agreement to these Terms. If the User does not agree to these Terms, then the User is not authorized to continue use of the Website.

Users may be asked to agree to further terms and conditions when using specific services via the Website. If there is any inconsistency between these Terms and such terms and conditions, the latter shall prevail.

 

Use of this Website and the Materials on this Website

Pengallan has created this Website to provide information about its company and products for Users’ personal use. Users may download one computer copy or print one copy of the material on this Website for their own non-commercial, educational, private or domestic use only, provided that proprietary notices such as copyright©, trademark™ are neither modified, nor deleted nor changed. Unless otherwise stated, Users should assume that everything they see or read on the Website (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) ("Pengallan's Material") are protected by legislation such as copyright, designs and trademark legislation and protected under international treaty provisions and national laws worldwide unless otherwise noted.

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Pengallan Material in any way for any public or commercial purpose. Furthermore, Pengallan's Material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users’ permission to use Pengallan's Material will automatically terminate and any copies made of Pengallan's Material must be immediately destroyed. Any unauthorized use of Pengallan's Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Users may not establish a link to the Pengallan Website from a third party site without our prior written permission.

Users agree not to do anything that may cause damage to the Website or its servers, systems or equipment or those of any third parties, nor access or attempt to access any Users' data or to penetrate or attempt to penetrate any security measures used on the Website.

 

Users’ Submissions

Any unsolicited communication or material Users transmit to Pengallan via the Website or by electronic mail or otherwise, excluding personally identifiable data about themselves, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Pengallan. By sending communications to Pengallan, Users automatically grant Pengallan a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by Pengallan and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Furthermore, Pengallan enjoys a worldwide reputation for both the design and manufacture of high quality products. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Pengallan’s creations. As a result, Pengallan cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that Pengallan may already be working on similar ideas. Consequently, Users are advised that Pengallan is not interested in receiving ideas or other proposals they may wish to submit.

 

Privacy Statement

Pengallan is committed to protecting the privacy of visitors to its Website. Pengallan analyses aggregate and non-personally identifiable data relating to usage of the Website. In accordance with US data protection legislation, any personal information collected is done so with the knowledge and authorization of Users upon request or submission via the Website and will be used in accordance with Pengallan's Privacy Policy. By using the Website and its services, Users agree to the capture and use of User data in accordance with the terms laid out in the Privacy Policy.

 
Disclaimer

The information on the Website is intended for general information purposes only. Pengallan tries to ensure that the information provided is accurate and complete. However, Pengallan does not warrant or represent that Pengallan's Material is accurate, error-free or reliable or that use of Pengallan's Material will not infringe rights of third parties. Use of the Website is at Users’ risk.

Pengallan does not warrant that the functional aspects of the Website or Pengallan's Material will be error free or that this Website, Pengallan's Material or the server that makes it available are free of viruses or other harmful components. If use of this Website, or Pengallan's Material results in the need for servicing or replacing property, material, equipment or data, Pengallan is not responsible for those costs. Without limiting the foregoing, everything on the Website is provided to Users "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Pengallan and its suppliers make no warranties about the Pengallan Material, software text, downloads, graphics, and links, or about results to be obtained from using the Website. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.

 

Trademark Notice

In general, all trademarks, logos and service marks (collectively "trademarks") that appear on this Website are registered and unregistered Pengallan trademarks or are licensed for use by Pengallan by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without the written permission of Pengallan or such third party who owns the trademark. Misuse of any trademark displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.

 

Copyright Notice

All contents of this Website are either Copyright ©2016 Pengallan or are licensed for use by Pengallan. All rights reserved. Please refer to the section of these Terms on "Use of this Website and the Materials on this Website" above.

 

Links

Links to other websites operated by parties other than Pengallan may be indicated on the Website. The inclusion of any link to such sites does not imply endorsement by Pengallan of those sites. Pengallan has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Website. Linking to any other off-site pages or other sites is at Users’ own risk.

 

Termination

Users agree that Pengallan may terminate Users’ access to and use of any part or all the Website if Pengallan reasonably believes that Users have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Pengallan or any third party, or for any reason with or without notice to User. Users agree that Pengallan may modify or discontinue this Website, with or without notice to them. Users agree that Pengallan will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.

 

Limitation of Liability

Nothing in these Terms limits Pengallan's liability for death or personal injury arising from its gross negligence or for fraud. Nothing in these Terms will restrict a User's statutory rights as a consumer (more details about which can be obtained from a Trading Standards Office or Citizen's Advice Bureau). Under no circumstances whatsoever shall Pengallan be liable for any loss arising out of or in connection with the use of information available from this Website whether such loss is or is not reasonably foreseeable including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, whether in contract, tort (including negligence) or otherwise, even if Pengallan has been advised of the possibility of such damages.

 

General Provisions

Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of Pengallan. Pengallan makes no representation that Pengallan's Material is appropriate or available for use in every country of the world. Users use this Website at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to Pengallan's Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Website may describe products that are not available worldwide.

If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the Terms, which shall remain in full force and effect.

Any cause of action a User may have with respect to this Website must be commenced within two years after the claim or cause of action arises.

These Terms are available in English only and are governed by and interpreted in accordance with the laws of Delaware and the United States of America. All disputes arising in connection with these Terms will be submitted to the exclusive jurisdiction of the competent courts of Delaware, U.S.A.

The waiver by Pengallan of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.

Pengallan, LLC is a Delaware limited liability company.

Users can email Pengallan with any questions, queries or complaints at contact@pengallan.com.