Progresif Media Terms & Conditions
Under these Terms, “we”, “our” and “us” mean Progresif Sdn Bhd and/or its affiliates in relation to the provision of the services as described below.
1.1 “Content” means media services including, but not limited to, television shows, movies, clips, and other audiovisual content.
1.2 “Services” means the Content, our video service, audio service, our player for viewing the Content and any other products, features, tools, materials, or other services offered from time to time by Progresif Media through a variety of Access Points (defined below).
1.3 “Access Points” refer to, collectively, mobile applications, the Progresif Media App, the Progresif Media website, and other places where any Services are available, including other websites where users or website operators are permitted to embed or have otherwise licensed Progresif Media.
1.4 “Progresif Media App” means the Progresif Media mobile application which offers video on demand service and radio broadcasting.
1.5 “Unauthorised Content” means Content that has not been granted permission to be made available or uploaded elsewhere without consent by Progresif.
4.2 Your License: During your subscription, we are pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming basis at Progresif Media, for personal purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription.
4.3 The Content:
a) Usage Rules and Limitations: You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Progresif in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Progresif in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless authorized by Progresif. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, subtitles, and still images. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Progresif in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b) Content Quality: Progresif Media uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Progresif is unable to make any warranties about the Content in these respects.
4.4 Progresif Radio: If your subscription includes the Progresif Radio service, please be aware of following:
a) Live Content: While we try our best to monitor our Content, we cannot guarantee any Third-Party Content in Progresif Radio will be in line with our Terms. Due to this nature, you agree that there may be risks to Content Subjectivity (explained above).
4.5 Subcription Video On Demand service (“SVOD Service”): You may also subscribe to our monthly subscription-based plan in which you are given unlimited access to selected Video on Demand Content during the limited period of time. SVOD service can be purchased as a stand-alone or as an add-on subscription.
4.6 The Player: You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of our video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Player in any manner that enables users to view the Content without: (i) displaying visibly both the Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Points where the Player is located; and (ii) having full access to all functionality of the Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click or touch-through advertising functionality.
4.7 Compatible Devices: In order to access the Services, you will need to use a mobile device, that meets the system and compatibility requirements as explained on our FAQs (Frequently Asked Questions) of the Services at the mobile applications, the Progresif Media website, or other Access Points ( “Compatible Devices”). Please note that Compatible Devices may vary from time to time. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of the Service you are currently using.
4.8 Devices Registration: Up to two (2) devices can be registered under one account. You can check currently registered devices under your account by clicking on the “Settings” link on the mobile applications, the Progresif Media website, or other Access Points. If you wish to add a new device(s), you may remove the currently registered device(s) by hitting “Delete” button under “Settings”. However, please note that the registered device can only be deleted after thirty (30) days starting from its registered date.
4.9 Internet Service and Data Usage: In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider. If you are using the Services through a mobile network, this may result in mobile data charges. Please contact your mobile data service provider for more information.
4.10 Ownership: You agree that Progresif owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned and/or controlled by Progresif. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
4.11 Your Responsibilities:
You agree:
a. to use the Services and view the Content for your own lawful, personal and non-commercial use in accordance with these Terms;
b. to ensure the safety and availability of the Services and Content for all users.
You agree not to:
c. restrict or inhibit any other persons from using the Services, including, without limitation by means of “hacking” or defacing any portion of the Services and/or the Progresif Media website;
d. access or use the Services and the Content for any unlawful purpose or any purpose not expressly authorities by these Terms;
e. violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
f. use technology or other means to access, index, frame or link to the Services (including the Content) without our prior written authorisation (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
g. access the Services (including the Content) through any automated means, including “bots”, “robots,” “spiders,” or “offline readers”;
h. introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i. damage, disable, overburden, impair, or gain unauthorized access to the Services, including Progresif Media servers, computer network, or user accounts
j. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services (including the Content);
k. use the Services to advertise or promote services that are not expressly approved in advance in writing by Progresif;
l. use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications and in violation of our Privacy Policy;
m. encourage unlawful conduct or endanger the safety of the public; or
n. interfere with any other party’s use and enjoyment of the Services.
If we determine that you are violating any of the Terms, we may first notify you or immediately use technical measures to block or restrict your access and/or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
4.12 Modification/Suspension/Discontinuation: We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. We reserve the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and channels, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. If we terminate your account or suspends or discontinues your access to Services due to your violation of the Terms, then you will not be eligible for any credit, discount or other consideration which provided to you in accordance with Clause 5. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Services.
4.13 Customer Service: If we can be of help to you, please do not hesitate to contact our Customer Service department by visiting our customer center, calling our customer service helpline at 177, or by clicking on the “Help” link on the Progresif Media app, the Progresif Media website, or other Access Points. We aim to provide the utmost level of Customer Service, but in the unlikely event that a Customer Service representative provides information that is inconsistent with the Terms, please be aware that the Terms will prevail.
5.2 Cancellation. You can cancel your Progresif Media membership at any time, and you will continue to have access to Services through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unwatched Content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Settings" then “My Account” and “Subscription Details”. You may also find billing information about your Progresif Media membership by clicking “Settings” then visiting “Payment Method” under “My Account”.
5.3 Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.
5.4 Payment Methods. You must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method and/or we successfully receive payment. You authorize us to continue billing on the basis of your given payment details and you remain responsible for any unsettled amount. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
8.2 Progresif Sdn Bhd, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content programmers) (collectively, the “Progresif Media Parties”), shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of the Services (including any information, products, or services advertised in, obtained on, or provided through any access point), whether based in contract, tort, strict liability, or other theory, even if the Progresif Media Parties have been advised of the possibility of damages.
8.3 The terms shall not affect any non-waivable statutory rights that apply to the user. The total liability to the user for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by the user to Progresif, if any, for accessing or participating in any activity related to use of the Services.
8.4 You agree to defend, indemnify, and hold harmless the Progresif Media Parties from and against any and all liabilities, claims, damages, expenses (including legal fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms or your use of the Services (including your use of the Content).
12.2 Export Controls: Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside.
12.3 Choice of Law and Forum: The Terms are governed by, and construed in accordance with, the laws of Brunei Darussalam without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Clause 114 is not applicable, you agree to submit to the exclusive jurisdiction of the courts of Brunei Darussalam.
12.4 No Waiver/Reliance: If you see other parties violating the Terms, we would appreciate it if you would let us know through our customer service helpline 177. Precisely how we respond to a party that is violating the Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Progresif precise response with respect to one party or one situation as any indication of what Progresif might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of the Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of the Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, our decision to delay exercising or enforcing any right or remedy under the Terms shall not constitute a waiver of such right or remedy. Even if we act in a way that appears to you to be inconsistent with the Terms, Progresif action shall not be deemed a waiver or constructive amendment of the Terms.
12.5 Integration, Amendment, Severability: Please note that the Terms, including the Privacy Policy and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that we may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Progresif in relation to the Services. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is held to be unlawful, void, or unenforceable, the provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.
1. Definitions and Interpretations
Whenever used in these Terms with an initial capital letter, the terms in this Clause 1 and elsewhere in these Terms, whether use in singular or plural, shall have the meaning specified.1.1 “Content” means media services including, but not limited to, television shows, movies, clips, and other audiovisual content.
1.2 “Services” means the Content, our video service, audio service, our player for viewing the Content and any other products, features, tools, materials, or other services offered from time to time by Progresif Media through a variety of Access Points (defined below).
1.3 “Access Points” refer to, collectively, mobile applications, the Progresif Media App, the Progresif Media website, and other places where any Services are available, including other websites where users or website operators are permitted to embed or have otherwise licensed Progresif Media.
1.4 “Progresif Media App” means the Progresif Media mobile application which offers video on demand service and radio broadcasting.
1.5 “Unauthorised Content” means Content that has not been granted permission to be made available or uploaded elsewhere without consent by Progresif.
2. Description of Services and Acceptance of Terms
We provide an online video on demand service and radio broadcasting which gives users the opportunity to select the content from various offerings on-demand programming and radio broadcasting. Use of the Services (including access to the Content) is subject to compliance with the Terms and any end user license agreement that might accompany the applicable Service. Please read these Terms along with our Privacy Policy available on the Progresif Media App and the Progresif website. Each time you visit, browse, access or use any of the Services through any Access Points) or via other services you accept and agree to the Terms as well as our Privacy Policy on behalf of yourself and all members of your household and others who use the Services under your account.3. Changes to the Terms
We may make changes to these Terms from time to time for many reasons. For example, we may need to reflect changes in our system, changes in payment methods or changes in the relevant laws. Any material changes to these Terms will be effective immediately after the revised Terms are posted on the Progresif Media website. You agree to be bound by the changes to these Terms when you use the Services through the Access Points after any such modification is posted on the website. It is therefore important that you review these Terms regularly to ensure that you are updated as to any changes.4. Access and Use of the Services
4.1 Age Limitations: Some of the Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the applicable age of majority in your territory, you must register with Progresif Media only if you have the consent of your parent or guardian, including consent to the Terms on your behalf.4.2 Your License: During your subscription, we are pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming basis at Progresif Media, for personal purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription.
4.3 The Content:
a) Usage Rules and Limitations: You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Progresif in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Progresif in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless authorized by Progresif. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, subtitles, and still images. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Progresif in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b) Content Quality: Progresif Media uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Progresif is unable to make any warranties about the Content in these respects.
4.4 Progresif Radio: If your subscription includes the Progresif Radio service, please be aware of following:
a) Live Content: While we try our best to monitor our Content, we cannot guarantee any Third-Party Content in Progresif Radio will be in line with our Terms. Due to this nature, you agree that there may be risks to Content Subjectivity (explained above).
4.5 Subcription Video On Demand service (“SVOD Service”): You may also subscribe to our monthly subscription-based plan in which you are given unlimited access to selected Video on Demand Content during the limited period of time. SVOD service can be purchased as a stand-alone or as an add-on subscription.
4.6 The Player: You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of our video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Player in any manner that enables users to view the Content without: (i) displaying visibly both the Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Points where the Player is located; and (ii) having full access to all functionality of the Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click or touch-through advertising functionality.
4.7 Compatible Devices: In order to access the Services, you will need to use a mobile device, that meets the system and compatibility requirements as explained on our FAQs (Frequently Asked Questions) of the Services at the mobile applications, the Progresif Media website, or other Access Points ( “Compatible Devices”). Please note that Compatible Devices may vary from time to time. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of the Service you are currently using.
4.8 Devices Registration: Up to two (2) devices can be registered under one account. You can check currently registered devices under your account by clicking on the “Settings” link on the mobile applications, the Progresif Media website, or other Access Points. If you wish to add a new device(s), you may remove the currently registered device(s) by hitting “Delete” button under “Settings”. However, please note that the registered device can only be deleted after thirty (30) days starting from its registered date.
4.9 Internet Service and Data Usage: In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider. If you are using the Services through a mobile network, this may result in mobile data charges. Please contact your mobile data service provider for more information.
4.10 Ownership: You agree that Progresif owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned and/or controlled by Progresif. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
4.11 Your Responsibilities:
You agree:
a. to use the Services and view the Content for your own lawful, personal and non-commercial use in accordance with these Terms;
b. to ensure the safety and availability of the Services and Content for all users.
You agree not to:
c. restrict or inhibit any other persons from using the Services, including, without limitation by means of “hacking” or defacing any portion of the Services and/or the Progresif Media website;
d. access or use the Services and the Content for any unlawful purpose or any purpose not expressly authorities by these Terms;
e. violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
f. use technology or other means to access, index, frame or link to the Services (including the Content) without our prior written authorisation (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
g. access the Services (including the Content) through any automated means, including “bots”, “robots,” “spiders,” or “offline readers”;
h. introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i. damage, disable, overburden, impair, or gain unauthorized access to the Services, including Progresif Media servers, computer network, or user accounts
j. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services (including the Content);
k. use the Services to advertise or promote services that are not expressly approved in advance in writing by Progresif;
l. use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications and in violation of our Privacy Policy;
m. encourage unlawful conduct or endanger the safety of the public; or
n. interfere with any other party’s use and enjoyment of the Services.
If we determine that you are violating any of the Terms, we may first notify you or immediately use technical measures to block or restrict your access and/or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
4.12 Modification/Suspension/Discontinuation: We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. We reserve the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and channels, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. If we terminate your account or suspends or discontinues your access to Services due to your violation of the Terms, then you will not be eligible for any credit, discount or other consideration which provided to you in accordance with Clause 5. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Services.
4.13 Customer Service: If we can be of help to you, please do not hesitate to contact our Customer Service department by visiting our customer center, calling our customer service helpline at 177, or by clicking on the “Help” link on the Progresif Media app, the Progresif Media website, or other Access Points. We aim to provide the utmost level of Customer Service, but in the unlikely event that a Customer Service representative provides information that is inconsistent with the Terms, please be aware that the Terms will prevail.
5. Billing and Price
5.1 Price. While we may offer certain Content from time to time for free, we charge different sorts of “price” for you to access to the Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding the price structure of our Services within the Progresif Media app, the Progresif Media website, or other Access Points. You can check your current status and history of subscription at any time on your account related section of the Progresif Media app, the Progresif Media website, or other Access Points. We reserve the right to change the terms of your subscription , including price, from time to time.5.2 Cancellation. You can cancel your Progresif Media membership at any time, and you will continue to have access to Services through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unwatched Content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Settings" then “My Account” and “Subscription Details”. You may also find billing information about your Progresif Media membership by clicking “Settings” then visiting “Payment Method” under “My Account”.
5.3 Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.
5.4 Payment Methods. You must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method and/or we successfully receive payment. You authorize us to continue billing on the basis of your given payment details and you remain responsible for any unsettled amount. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
6. Accounts and Registration
You shall be responsible for the usage of the account, including the usage by other members. By allowing others to access your account, you agree to be responsible for ensuring that they comply with the Terms and you agree to be responsible for their activity using the Services. All registration information you may need to submit must be accurate and updated. You are responsible for all use of your account, including unauthorized use by any third party. We reserve the right to immediately terminate or restrict your Progresif Media account or your use of the Services or access to Content at any time, without notice or liability, if we determine that you have breached the Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your Progresif Media account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. We would like to avoid such termination; therefore, we may use technology to limit activities and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.7. Collection and Use of Personal Information
For information about Progresif Media policies and practices regarding the collection and use of your information, please read our Progresif Media Privacy Policy which is published on the Progresif Media app, the Progresif Media website and other Access Points. By accessing and receiving the Services and the Content and accepting these Terms, you consent to us processing such information in this way.8. Disclaimer of Warranties, Limitation of Liability and Indemnity
8.1 The Services including, but not limited to, Progresif Media app, Progresif Media website, the Content and any other materials contained on or provided through any access points, are provided on an “as is” basis permitted by law, and without warranties of any kind whether expressed or implied. We do not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement: or that the Services will be uninterrupted, free of viruses and other harmful components, accurate and error free.8.2 Progresif Sdn Bhd, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content programmers) (collectively, the “Progresif Media Parties”), shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of the Services (including any information, products, or services advertised in, obtained on, or provided through any access point), whether based in contract, tort, strict liability, or other theory, even if the Progresif Media Parties have been advised of the possibility of damages.
8.3 The terms shall not affect any non-waivable statutory rights that apply to the user. The total liability to the user for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by the user to Progresif, if any, for accessing or participating in any activity related to use of the Services.
8.4 You agree to defend, indemnify, and hold harmless the Progresif Media Parties from and against any and all liabilities, claims, damages, expenses (including legal fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms or your use of the Services (including your use of the Content).
9. Notice and Procedure for Claims of Copyright Infringement
If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that Progresif receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to piracy@progresif.com. To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, mobile number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. We do have a policy of terminating repeat infringers in appropriate circumstances.10. Piracy of Content
In the event of Unauthorized Content made available or uploaded elsewhere by the Customer without consent by Progresif, its licensees or agents, or under local or international laws. This fraudulent action will be deemed as an infringement of the copyright and/or related rights in the Unauthorised Content. These activities are also a breach of our terms of service agreement. If the Customers fails to take appropriate action or continue to make available or upload either Unauthorised audiovisual Content or other copyrighted content without permission it is possible that Progresif will seek to implement measures to prevent further misuse of your service account, which may include suspension of the Customer’s internet access or termination of service account.11. Arbitration of claims
If you have an issue with the Services, we encourage you to review our frequently asked questions (FAQ), the Terms, or contact our Customer Service helpline at 177. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible. We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and Progresif agree to first discuss any issue informally for at least 60 days. To do that, please send your full name and contact information, your concern and your proposed solution to our Customer Center, Customer Service, Help or our email address at media@progresif.com. If we would like to discuss an issue with you, we will contact you using the email address you provided. If we do not reach an agreed upon solution after our discussions for at least 60 days, the Parties agree that any and all claims that either of us may have arising out of or relating to: (i) the Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in the Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration under the laws of Brunei Darussalam.12. General Information
12.1 International Use: We are limited by the rights that our content holders grant to us. Using technologies to access the Content from territories where we do not have rights or that are not permitted by the terms of the Services that you subscribe to, rent, or purchase is prohibited.12.2 Export Controls: Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside.
12.3 Choice of Law and Forum: The Terms are governed by, and construed in accordance with, the laws of Brunei Darussalam without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Clause 114 is not applicable, you agree to submit to the exclusive jurisdiction of the courts of Brunei Darussalam.
12.4 No Waiver/Reliance: If you see other parties violating the Terms, we would appreciate it if you would let us know through our customer service helpline 177. Precisely how we respond to a party that is violating the Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Progresif precise response with respect to one party or one situation as any indication of what Progresif might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of the Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of the Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, our decision to delay exercising or enforcing any right or remedy under the Terms shall not constitute a waiver of such right or remedy. Even if we act in a way that appears to you to be inconsistent with the Terms, Progresif action shall not be deemed a waiver or constructive amendment of the Terms.
12.5 Integration, Amendment, Severability: Please note that the Terms, including the Privacy Policy and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that we may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Progresif in relation to the Services. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is held to be unlawful, void, or unenforceable, the provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.
Validate your login