Welcome to the website of Progress Asia Consulting!
Use of Our Services
By agreeing to these Terms, you agree that may not use our services or information for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. We reserve the right to refuse service to anyone for any reason at any time. You are responsible for using the Site in a private and secure manner.
Third Party Websites
The Site may contain links to other websites. The Site also may utilize third party services, advertisements, offers and payment systems. Progress Asia Consulting is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the services or its contents or any association with its operators. Progress Asia Consulting is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Progress Asia Consulting be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.
Site Content and Intellectual Property
This Site as a whole, as well as all materials, images, text, illustrations, designs, concept, idea, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up this Site (collectively, the “Contents”), constitute the intellectual property of Progress Asia Consulting. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Contents are owned or licensed by Progress Asia Consulting. Progress Asia Consulting and the logo are trademarks or registered trademarks of Progress Asia Consulting Co., Ltd. These trademarks may not be used without explicit permission from Progress Asia Consulting. Progress Asia Consulting grants you a limited, non-exclusive, non-transferable license to access and use the Site and Contents for purposes of general browsing, and/or conducting business with Progress Asia Consulting. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Contents for any purposes or in any manner other than as intended and explicitly authorized in writing by Progress Asia Consulting; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse-engineer, or decompile any software or other Contents on the Site; or (iii) assign, sell, sub-license, lease, or otherwise transfer your right to use the Site or the Contents. You may not reproduce this material on your personal website, blog, social network, or any other online resource without expressed written permission or as allowed by any license terms entered into with Progress Asia Consulting.
Those who choose to access the Site do so at their own will and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You must not use any information or data obtained on the Site to create a competing product or service to Progress Asia Consulting.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON “AS IS” BASIS. IN PARTICULAR, PROGRESS ASIA CONSULTING DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND PROGRESS ASIA CONSULTING WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROGRESS ASIA CONSULTING OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
PROGRESS ASIA CONSULTING FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, YOU EXPRESSLY UNDERSTANDS AND AGREES THAT PROGRESS ASIA CONSULTING PROVIDES THE SERVICES ON “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. PROGRESS ASIA CONSULTING OR ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. PROGRESS ASIA CONSULTING SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL PROGRESS ASIA CONSULTING OR ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PROGRESS ASIA CONSULTING SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
These Terms constitute the legal agreement between you and Progress Asia Consulting and govern your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services you wish to avail of (but excluding any offering which Progress Asia Consulting may provide to you under a separate written agreement), and completely replace any prior agreements between You and Progress Asia Consulting in relation to the offering.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
These Terms, and your relationship with Progress Asia Consulting under these Terms, shall be governed by the laws of the Republic of the Union of Myanmar whose courts in the city of Yangon shall have jurisdiction.
You agree that if a dispute arises between you and Progress Asia Consulting, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, you must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result within thirty (30) days, such dispute shall be settled by arbitration in accordance with Arbitration Rules. The number of arbitrators shall be one. The arbitration proceedings shall be held at city of Yangon and in English language.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Progress Asia Consulting may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action arose.