Introduction
Please read these General Terms of Use carefully before accepting them. By clicking the “Create Account” button or by accessing or using the services, you agree to be legally bound by these General Terms of Use and all terms incorporated by reference.
Acceptance of the General Terms of Use
These General Terms of Use are entered into by and between you and Progress Agency, a legal entity duly registered in United Arab Emirates with the registered office at DSO IFZA, IFZA Properties, Dubai Silicon Oasis, Dubai, United Arab Emirates, PO Box 393532 (“Progress Agency”, “we”, “us”). By using the website or any services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use in addition to our Privacy Policy, and any and all other policies, all incorporated herein by reference.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://progressagency.de/ (“Website”), including any associated mobile applications (“Applications”) and your access to and use of any media, analytics, content, functionality, and services offered on or through any of the Website and Applications, and your access to and use of all and any related sites and services. The Website, the Applications, and all other media, analytics, content, functionality, Services, and services offered by us or through us, are referred to as the “Services”. If you do not agree to these Terms of Use, you must not access or use the Website and any Services or any Application or access or use any Services.
Usage Requirements
The Website is offered and available to users who are of legal age in their jurisdiction or place of residence. By using the Website and any Services, you represent and warrant that you are of legal age in your jurisdiction or place of residence, are not barred from using the Website and any Services under any applicable law, order, directive, regulation, or sanction list, and are using the Website and any Services only for lawful purposes. If you do not meet these requirements, you must not access or use the Website and any Services.
Content and its Intended Use
We may change the format and content of the Website and the Services from time to time without notifying you. You agree that your use of the Websites and the Services is on an ‘as is’ and ‘as available’ basis and is at your sole risk. While we try to make sure that all information contained in the Websites and any Services (other than any user-generated content) is correct, it is not, and it is not intended to be, any authority or advice on which any reliance should be placed.
Reliance on Information Posted
The information presented on or through the Websites and any Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
The Website and any Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer
The Website and the Services are not intended to constitute or form the basis of any advice (professional or otherwise) or to be used in, or about, any decision or transaction. We do not accept any liability (regardless of how it might arise) for any claim or loss arising from any decision made, or any transaction made or effected; in reliance on, or based on, any information on the Websites or in any of the Services, nor do we accept any liability arising from any other use of, or reliance on, the Services.
We do not enter into any terms or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose, or originality of any content of the Websites and the Services and, to the fullest extent permitted by law, all implied warranties, conditions, or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Websites and the Services or relying on any of its content.
We cannot and do not guarantee that any content of any Website and any Services will be free from viruses and/or other code that may have contaminated or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including antivirus and other security checks) to satisfy your requirements for the safety and reliability of content.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Websites and any Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
Accessing the Websites
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website and any Services, in our sole discretion without notice. We do not guarantee that our Website or any content on it will always be available or will not be interrupted. We will not be liable if for any reason all or any part of the Websites and any Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites and any Services, or an entire Website, to users. You are responsible for making all arrangements necessary for you to have access to the Websites and any Services and ensuring that all persons who access the Websites and any Services through your internet connection are aware of these Terms of Use and comply with them.
To access a Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register using a Website or otherwise, including, but not limited to, using any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take concerning your information consistent with our Privacy Policy. You should use caution when inputting personal information onto Websites on a public or shared computer so that others are not able to view or record your personal information.
Account Security
You are responsible for keeping your private keys, passwords, security codes, and other security features that you use to access the Services secure. You must maintain the security of your Account by protecting your login, password, and security credentials from unauthorized access or use. It is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with enhanced security features. You must properly read, use, and follow the Anti-fraud policy, and notify us if you discover or suspect any unauthorized access or use of your Account or any security breaches related to your Account. Upon receipt of written notice from you that the security of your Account has been compromised, we will take reasonable steps to protect your Account.
Please note that you are responsible for all activities that occur under your Account, and by agreeing to these Terms you accept all risks of any authorized or unauthorized access to your Account. You will be bound by, and you hereby authorize us to accept and rely on, any agreements, instructions, orders, authorizations, and any other actions made, provided, or taken by anyone who has accessed or used your Account regardless of whether the access is authorized or unauthorized by you.
Please note that you may open only one Account and reach an agreement with other persons on joint and (or) coordinated actions on using the Accounts in a certain way (including for making a profit (generating income) or to achieve other goals). Creation of more than one Account is strongly prohibited and may lead to refusal of providing our services.
Trademarks
Our name, the brand “Progress Agency”, our logo and all related names, logos, Services, and service names, designs, and slogans are trademarks. You must not use such marks without prior written permission. All names, logos, Services, and service names, designs, and slogans on the Websites and any Services (“Marks”) are the trademarks of their respective owners.
Nothing contained in the Websites or any Services should be construed as granting any license or right to use any of the Marks for any purpose whatsoever without the written permission of, or entry into the applicable license terms with, the lawful owner. Unauthorized use of the Marks or any information is strictly prohibited and may violate trademark, copyright, or other applicable laws. In the event you print off, copy, or store any of our content (which you may do only as permitted by these Terms of Use), you must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced.
Prohibited Uses
You may use the Websites and any Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites and any Services:
✓ In any way that violates any applicable national, regional, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the UAE or other countries).
✓ For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
✓ To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms of Use.
✓ To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation.
✓ To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
✓ To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites and any Services, or which, as determined by us, may harm the Company or users of the Websites and any Services or expose them to liability
Additionally, you agree not to:
✓ Republish, redistribute, or re-transmit any data from any of our communications, analytics, and other Services without our permission;
✓ Copy or store any of our Services other than for your personal non-commercial use and as may occur incidentally in the normal course of use of your browser or mobile device;
✓ Store any Services (including pages of a Website) on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Website or the Services;
✓ Remove or change any content of any Services or attempt to circumvent security or interfere with the proper working of the Services or any servers on which it is hosted;
✓ Create links to a Website from any other website, without our prior written consent, although you may link from a website that is owned and operated by you provided that (a) the link is not misleading or deceptive and fairly indicates its destination, (b) you do not state or imply that we endorse you, your website, or any Services or services you offer, (c) you do not create any misimpression or confusion among users concerning sponsorship or affiliation, (d) you link only to the home page of the Website and (e) the linked website does not contain any content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
✓ Use the Websites or any Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites and any Services, including their ability to engage in real-time activities through the Website and any Services;
✓ Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
✓ Use any manual process to monitor or copy any of the material on a Website or for any other unauthorized purpose without our prior written consent;
✓ Use any device, software, or routine that interferes with the proper working of a Website;
✓ Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
✓ Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of a Website, the server on which the Websites are stored, or any server, computer, or database connected to any Website;
✓ Attack any Website via a denial-of-service attack or a distributed denial-of-service attack;
✓ Otherwise, attempt to interfere with the proper working of the Website.
Except to the extent expressly set out in these Terms of Use, you are not allowed to do anything concerning any of the Services that is not expressly permitted by these Terms of Use.
You must use the Websites and the Services, and anything available via such, only for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. All rights granted to you under these Terms of Use will terminate immediately if you breach or fail to comply with any of these Terms of Use. To do anything with the Websites and the Services that are not expressly permitted by these Terms of Use, you will need a separate license from us. Please contact us via info@progressagency.de
Changes to the Website
We may update the content on any Website and any Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on any Website or in any Services may be out of date at any given time, and we are under no obligation to update such material.
Confidential Information
When using a Website or any Services, data may be transmitted over an open network which may allow such communications to be intercepted by third parties. As a result, we cannot guarantee the confidentiality or security of any communication or data that you may transmit to us through the Websites.
Other Terms and Conditions
Additional terms and conditions may also apply to specific services or features of the Websites and any Services, including the promo rules in respect to the promotional events, public competitions, and other events. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Links from the Websites
If a Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to any Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.
Third-Party Services
Certain features of our Websites and Services may utilize the services and/or services of thirdparty vendors and business partners, which services and/or services may include software, information, data, or other services. Certain of these vendors and business partners require users who utilize such features to agree to additional terms and conditions. This page identifies third-party terms and conditions that are required by such third-party vendors and business partners as they apply to the features set forth below. Your use of such features constitutes your agreement to be bound by these additional terms and conditions. These third-party terms are subject to change at such third party’s discretion.
Acceptable Use
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property, or other third-party rights or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
✓ Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
✓ Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
✓ Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or to extract data;
✓ Use or attempt to use another user’s account without authorization;
✓ Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
✓ Develop any third-party applications that interact with our Services without our prior written consent;
✓ Provide false, inaccurate, or misleading information; and
✓ Encourage or induce any third party to engage in any of the activities prohibited under this Section.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through any of the websites or to your downloading of any material posted on it, or on any websites linked to it. Your use of any of the websites, their content, and any services or items obtained through the websites is at your own risk. The website, its content, and any services or items obtained through the websites are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the websites. Without limiting the foregoing, neither the company nor anyone related to or associated with the company represents or warrants that any one of our websites, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that such website or any services or items obtained through such website will otherwise meet your needs or expectations.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, noninfringement, and fitness for particular purpose.
Some jurisdictions do not allow exclusion of warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to you in their entirety, but will apply to the maximum extent permitted by applicable law.
Limitation on Liability
In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, any of our websites, or any websites linked to them, any content on the websites or such other websites, or any services or items obtained through our website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law (which may include fraud).
The company will not be liable for any loss or damage arising from any use of your account by you or by any third party (whether or not authorized by you) including but not limited to cyber attacks, unauthorized access by any third party.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of any Websites or any Services, including, but not limited to, any use of any Website’s content, services, and Services other than as expressly authorized in these Terms of Use or your use of any information obtained from any of the Websites.
Feedback and Comments
If you have any feedback, comments, requests for technical support, or other communications relating to the Website, you may contact support at info@progressagency.de
Governing Law and Jurisdiction
All matters relating to the Websites or any particular Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or any Services shall be instituted exclusively in the courts of Dubai, United Arab Emirates
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, and any other terms and policies constitute the sole and entire agreement between you and us with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Websites.
Complaints
If you have a complaint, you can submit a complaint using our online form or contact the team at info@progressagency.de Once we have received your complaint we will acknowledge this via email. We will then investigate all the details of your complaints, and issue our response within 45 business days.
Digital Products
The following terms and conditions apply to all digital products offered by Progress Agency through CopeCart. By placing an order, the customer agrees to these terms.
Payment
Payments are processed via CopeCart. Accepted payment methods include credit cards, PayPal, and other options provided by CopeCart.
Delivery of Digital Products
Upon successful payment, the customer will receive immediate access to the digital product via the download link sent by CopeCart.
Right of Withdrawal
Due to the nature of digital products, customers waive their right to withdrawal once the product has been downloaded. The customer must acknowledge this waiver before purchase.
Liability
Progress Agency is not liable for damages caused by the misuse of the digital product.