General Terms and Conditions

Article 1 – Introduction

1.1. The website at MyPengo.com (‘Website’) is operated by My Pengo B.V (which includes its subsidiaries and related bodies corporate), having its registered office at Markerkant 1310, 1314 AN Almere, The Netherlands.

1.2. These General Terms and Conditions, together with the ’Privacy Policy' and ‘Winner Selection Terms’ (which shall together be referred to as the ‘Terms and Conditions’) available on the website at MyPengo.com (the ‘Website’), govern use by customers of the Website and also apply to and form part of all offers for the digital and other services made by MyPengo for delivery via the networks of mobile communication operator (‘the Operator’), for which the customer has taken out a subscription (‘Mobile Subscription’). The digital and other services provided online by MyPengo include games and text messages that are delivered via an Operator’s network, inter alia by Short Message Services (‘SMS’), General Packet Radio Services (‘GPRS’) and/or Third Generation Services (‘3G’) to a customer’s mobile telephone (which shall together be referred to as a ‘Message’). The Content Services are offered either as individual downloads, or, in the case of a Mobile Subscription as a bundle of credits which can be used to access a set number of downloads.

1.3. The Terms and Conditions apply to a customer as soon as they use the Website or commence a Mobile Subscription and doing so implies that the customer accepts and agrees to be bound by the Terms and Conditions.

1.4. MyPengo may vary the Terms and Conditions from time to time by giving reasonable notice to the customer and/or making the varied Terms and Conditions available on the Website. The customer’s continued use of the Website and/or Mobile Subscription indicates that the customer accepts and agrees to be bound by the varied Terms and Conditions. Customers that do not agree with the Terms and Conditions should not use the Website or a Mobile Subscription.

Article 2– Costs

2.1. The costs (‘the Costs’) for Mobile Subscriptions will be charged by the Operator.

2.2 Costs can be charged for every Message that is sent or received by the customer, depending on the type of Message and the customer’s agreed terms with the applicable Operator. For example, the standard costs for sending SMSs as indicated by the Operator is applicable to all SMSs that are sent and received pursuant to the Content Service and/or Mobile Subscription (and in addition to the costs charged to access the Content Services or under the Mobile Subscription).

The pricepoint for the service MyPengo is 10 EURO per week. User will receive 5 messages, 2 EURO each.

Article 3 – Termination and Cancellation

3.1 The Service can only be terminated in those ways:

a) user is sending keyword STOP to the shortcode 57127

b) user co0ntacts our customer care 019038946 or e-mail operations@mypengomobile.com

3.2 The customer’s Mobile Subscription will only be terminated, if he or she receives an SMS confirming the termination.

3.3 MyPengo bears no liability, to the extent permitted by law, to the customer and/or third parties in connection with the termination or cancellation of delivery of the Service.

Article 4 – Intellectual property and use

4.1 All right, title and interest including copyright, patents, trademarks, drawings, models and/or other intellectual property in or to the Services and/or the Website are owned by MyPengo (or its related entities, suppliers or licensors).

4.2 Unless MyPengo explicitly states otherwise, the customer is not permitted to reproduce, change, execute, transfer, distribute, sell, use for derived products, modify, copy, display, republish, license, communicate, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or in any other way use content on the Website or the Services or any element of the intellectual property therein, without MyPengo’s prior written consent for this purpose.

4.3 The customer hereby indemnifies and will continue to indemnify MyPengo and its directors, employees, suppliers and licensors against all damages, actions, claims, demands, liabilities and costs (including legal costs) arising brought against, suffered or incurred by them as a result of the breach or non-observance by the customer of its obligations, undertakings or warranties in these Terms & Conditions including due to an infringement of intellectual property of MyPengo or third parties, in breach of the Terms & Conditions, or otherwise arising from the unauthorised use of the Website or the Services.

Article 5 – Liability

5.1. Use of the Services and the Website is at the customer’s sole risk. While MyPengo strives for the undisrupted provision of the Website and Content Services, MyPengo makes no representations or warranties that the Website or Services will meet the customer’s requirements or that downloading, receiving and/or consulting the Website or Services will remain undisrupted or error-free.

5.2 The customer recognises in connection with mobile telecommunication services that the ability to make a connection, maintain a connection and the quality of a connection is not the same or adequate at every time and place and that the Services may be adversely affected or become temporarily unavailable because of interference caused by physical factors (tunnels, mountains, buildings, etc.), adaptations or maintenance to the Operator’s network.

5.3 If the customer is unable to enjoy undisrupted use of the Services at any time due to a failure in accessing or using a mobile communications network, this will not entitle him or her to a price reduction or to a refund.

5.4 To the fullest extent permitted by law, MyPengo disclaims all warranties of any kind and all liability for damage, such as but not limited to the infection or corruption of the hardware and/or software used by the customer, resulting from access to the Website or the use of the Services, which includes the downloaded Services and the hardware and software needed to make a connection. The customer must take his or her own measures to avoid such incidents

5.5 The content of the Website has been compiled with the greatest care. However, MyPengo can give no guarantees as to the nature or accuracy of that content. MyPengo is not liable for any errors, inaccuracies, misunderstandings, delays or unclear transmissions of orders and statements due to the use of the Internet, or for the content on the Website.

5.6 The customer may not send any Messages (or use the Website to transmit or post any message, information, software, images or other materials) that are infected and/or corrupted, unlawful, harmful, threatening, vulgar, degrading, defamatory, hateful, or that infringe privacy or which are objectionable in any other way by way of the Content Service or the Website, .

5.7 The customer must be at least 18 years old in order to use the Services or subscribe to a Mobile Subscription. If the customer is not responsible for paying the mobile telephone account issued by the Operator or is younger than 18, we require consent from the party who pays the mobile telephone account (your parents, guardian, employer, etc.) before the customer may register and/or participate in the Service or Mobile Subscription. By registering and/or participating in the Service or a Mobile Subscription, MyPengo assumes that the customer has obtained the necessary consent, agreement or approval from the payer of the mobile telephone account, guardian, parents, etc.

5.8 The Website may contain links or other connections to websites operated by parties other than MyPengo. The provision of such links does not imply any endorsement of the material on them, or any association between MyPengo and their owners and operators. The links are provided for convenience only and any customer who uses a link does so entirely at its own risk.

5.9 The use of the Prizesaints Services, the Agreement and the Website are subject to the laws of the country in which the campaign takes place. The failure of MyPengo to exercise or enforce any rights or provisions of the Terms & Conditions shall not constitute a waiver of such rights or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intention as reflected in the provisions to the fullest extent permitted by the law and other provisions of the Terms and Conditions remains in full force.

Article 6 – Data Processing

6.1 MyPengo gathers and processes \ certain personal information and traffic data of the customer.

6.2 MyPengo will only process the customer’s data in accordance with its Privacy Policy, which can be viewed and downloaded on the Website. MyPengo observes the relevant privacy laws and regulations in this regard. As an international company, MyPengo and its affiliated companies work increasingly beyond the borders of a single country.