Terms of Service
Important Notice
The following terms and conditions (including links and policies) (these “Terms and Conditions”) apply to all visitors and/or registered users who access or use the services in the Philippines provided on, from or through the website https://www.aqprime.net (the “Website”) and/or the AQ Prime app. These services include providing access to television shows, movies and/or other content via the Internet and includes all associated websites, interfaces, features, functions and content (hereinafter referred to as the “AQ Prime Service”).
The AQ Prime Service is provided to you by AQ Prime, Inc., a wholly owned subsidiary of AQ Communications, Inc.
By accessing and/or using the Website, the AQ Prime app or the AQ Prime Service, you agree to be bound by these Terms and Conditions, as updated from time to time and as set out at https://www.aqprime.net/terms_and_conditions. Please read these Terms and Conditions as they contain important information such as fees and charges for use of the AQ Prime Service.
By accessing and/or using the Website, the AQ Prime app or the AQ Prime Service, you agree to be bound by these Terms and Conditions, as updated from time to time and as set out at https://www.aqprime.net/terms_and_conditions. Please read these Terms and Conditions as they contain important information such as fees and charges for use of the AQ Prime Service.
1. The AQ Prime Service
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1.1. The accessibility of the Aq Prime Service through different devices depends, amongst other things, on the current system capabilities and on the operating systems and/or browsers installed on your device(s).
1.2. The AQ Prime Service is restricted for use and access only in the territory where you subscribe to the AQ Prime Service.
1.3. The AQ Prime Service may include access to content using the AQ Prime app by way of the following modes of access: streaming on a subscription basis for a limited time during the subscription period; purchasing content for on-demand viewing over a period of time provided that such content does not become unavailable due to licensing restrictions; renting content for on-demand viewing over a limited period.
1.4. Using the AQ Prime Service through a mobile network may result in mobile data charges. Please contact your mobile data service provider for more information.
1.2. The AQ Prime Service is restricted for use and access only in the territory where you subscribe to the AQ Prime Service.
1.3. The AQ Prime Service may include access to content using the AQ Prime app by way of the following modes of access: streaming on a subscription basis for a limited time during the subscription period; purchasing content for on-demand viewing over a period of time provided that such content does not become unavailable due to licensing restrictions; renting content for on-demand viewing over a limited period.
1.4. Using the AQ Prime Service through a mobile network may result in mobile data charges. Please contact your mobile data service provider for more information.
2. AQ Prime Service Subscription
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2.1. While we do provide some of the AQ Prime Service to users free of charge, certain content, features, services and/or certain level of video resolution may only be available to users upon payment of a subscription fee, and in some instances by paying the corresponding rental or purchase fee.
3. Billing
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3.1. Unless otherwise notified to you or unless you take the steps to cancel your subscription in accordance with clause 6 below, your subscription plan(s) will automatically renew on a recurring basis and the subscription fee will be charged on the Applicable Billing Date(s) once your paid AQ Prime Service subscription starts. The length of the billing cycle will depend on your account’s existing subscription and the Applicable Billing Date may vary depending on your selected Payment Gateway. Unless otherwise notified to you (for example, pursuant to clause 7.1.4), the subscription fee will correspond to your subscription plan.
3.3. All subscription fees are payable in advance and, to the extent permissible by law, we will not refund any subscription fees that you have already paid, and we will also not refund you for partial time periods or unused portions of your subscriptions.
3.1.1. If you choose App Store or Google Play as your payment method, the applicable subscription fee will be billed through your Apple ID or Google account (as applicable) on a recurring basis and in accordance with the relevant billing mechanisms of App Store or Google Play. You shall also be deemed to have understood and agreed to the applicable terms and conditions. You are therefore advised to refer to the respective terms and conditions before payment details are provided to such third parties and confirmed thereafter. In this regard, we shall not be responsible for the information shared with such third parties and will not be held liable for any damages, loss and/or expenses that you may face by doing so.
3.1.2. If you choose direct credit card or debit card payment, the applicable subscription fee will be billed directly to your credit card or debit card on a recurring basis and in accordance with the relevant billing mechanism of your direct payment provider. As such you acknowledge, understand, and agree that your credit card or debit card information and the relevant billing process is handled by your direct payment provider.
3.1.3. If you choose to pay for your AQ Prime Service subscription through any other of our authorized third parties (other than those specified in clause 4.1.1 and 4.1.2), you should refer to your billing account terms with the relevant third party.
3.1.4. For your chosen payment method (see clauses 4.1.1 to 4.1.3 above), you shall also be deemed to have understood and agreed to the terms and conditions of the Payment Gateway(s) (as applicable). You are advised to refer to the relevant terms and conditions before payment details are provided to such Payment Gateway(s). We shall not be responsible for the information shared with such Payment Gateway(s) and will not be held liable for any damages, loss and/or expenses that you may suffer by doing so.
3.1.5. Payments for rental or purchase fees will be billed similarly, once for each type of transaction corresponding to the content rented or purchased.
3.2. If payment is not successfully settled for any reason, we reserve the right to suspend your access to certain content for rent and purchase transactions, or to the full library of the AQ Prime Service for subscriptions until we successfully receive payment and we may change the Applicable Billing Date to such day as we deem appropriate. By accepting these Terms and Conditions, you authorize us to continue billing on the basis of your given payment details and you remain responsible for any unsettled amount.
3.1.2. If you choose direct credit card or debit card payment, the applicable subscription fee will be billed directly to your credit card or debit card on a recurring basis and in accordance with the relevant billing mechanism of your direct payment provider. As such you acknowledge, understand, and agree that your credit card or debit card information and the relevant billing process is handled by your direct payment provider.
3.1.3. If you choose to pay for your AQ Prime Service subscription through any other of our authorized third parties (other than those specified in clause 4.1.1 and 4.1.2), you should refer to your billing account terms with the relevant third party.
3.1.4. For your chosen payment method (see clauses 4.1.1 to 4.1.3 above), you shall also be deemed to have understood and agreed to the terms and conditions of the Payment Gateway(s) (as applicable). You are advised to refer to the relevant terms and conditions before payment details are provided to such Payment Gateway(s). We shall not be responsible for the information shared with such Payment Gateway(s) and will not be held liable for any damages, loss and/or expenses that you may suffer by doing so.
3.1.5. Payments for rental or purchase fees will be billed similarly, once for each type of transaction corresponding to the content rented or purchased.
3.3. All subscription fees are payable in advance and, to the extent permissible by law, we will not refund any subscription fees that you have already paid, and we will also not refund you for partial time periods or unused portions of your subscriptions.
4. Cancellation for your paid AQ Prime Service subscription
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4.1. Unless otherwise specified during the time of subscription, you can cancel your paid AQ Prime Service subscription at any time, and your subscription will continue through to the calendar day before your next Applicable Billing Date.
4.2. To cancel:
4.2. To cancel:
4.2.1. If you have been paying for your AQ Prime Service subscription by Direct Payment (and for the avoidance of doubt, as opposed to the other third-party gateways as described in Clause 6.2.2), please go to the "My Profile" page on the Website or the AQ Prime app and follow the instructions for cancellation. To avoid incurring another billing for the use of the AQ Prime Service, the cancellation must be made at least twenty-four (24) hours before the next Applicable Billing Date. If you cancel your AQ Prime Service subscription, your access to the AQ Prime Service will automatically be suspended at the end of your then-current billing period. To check the expiry date of your paid AQ Prime Service subscription, please visit the "My Profile" page.
4.2.2. If you have been paying for your AQ Prime Service subscription by App Store or Google Play, cancellation must be made through your chosen third-party payment gateway. Please visit your account with the applicable third-party payment gateway and locate the option to either (i) switch off auto-renew or (ii) unsubscribe from the AQ Prime Service. To avoid incurring another billing for the use of the AQ Prime Service, the cancellation must be made at least twenty-four (24) hours before the next Applicable Billing Date. You may also find billing information about your AQ Prime Service subscription by visiting your account with the applicable third party.
4.2.2. If you have been paying for your AQ Prime Service subscription by App Store or Google Play, cancellation must be made through your chosen third-party payment gateway. Please visit your account with the applicable third-party payment gateway and locate the option to either (i) switch off auto-renew or (ii) unsubscribe from the AQ Prime Service. To avoid incurring another billing for the use of the AQ Prime Service, the cancellation must be made at least twenty-four (24) hours before the next Applicable Billing Date. You may also find billing information about your AQ Prime Service subscription by visiting your account with the applicable third party.
5. Our Rights and Responsibilities
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5.1. We may:
5.1.1. deactivate the AQ Prime Service at any time without notice to carry out system maintenance, upgrading, testing, repairs, and other related activities;
5.1.2. limit or suspend your access to the AQ Prime Service without notice whenever deemed appropriate in connection with your use of the AQ Prime Service or in the event of breach of any of these Terms and Conditions;
5.1.3. expand, reduce, withdraw and/or modify any part of the AQ Prime Service and/or content made available or appearing in the AQ Prime Service including but not limited to any data, information, images, graphics, video and/or audio content, applications, subtitles, downloadable files or other multimedia content that can be accessed through or on the AQ Prime Service (the “Content”), and remove, disable and/or suspend transmission or streaming of the AQ Prime Service or Content which we consider access to any part thereof, if, in our sole opinion, it breaches any applicable law, regulation or regulatory directive or by some other reason it should be removed, disabled and/or suspended; and
5.1.4. change the subscription plan and/or fees of the AQ Prime Service from time to time, provided that the change will become effective only at the end of the then-current billing cycle of your subscription. Unless otherwise required by law, we will provide you with reasonable prior notice of any significant changes to our subscription plan or the fees to give you an opportunity to cancel your subscription before such change takes effect.
5.1.2. limit or suspend your access to the AQ Prime Service without notice whenever deemed appropriate in connection with your use of the AQ Prime Service or in the event of breach of any of these Terms and Conditions;
5.1.3. expand, reduce, withdraw and/or modify any part of the AQ Prime Service and/or content made available or appearing in the AQ Prime Service including but not limited to any data, information, images, graphics, video and/or audio content, applications, subtitles, downloadable files or other multimedia content that can be accessed through or on the AQ Prime Service (the “Content”), and remove, disable and/or suspend transmission or streaming of the AQ Prime Service or Content which we consider access to any part thereof, if, in our sole opinion, it breaches any applicable law, regulation or regulatory directive or by some other reason it should be removed, disabled and/or suspended; and
5.1.4. change the subscription plan and/or fees of the AQ Prime Service from time to time, provided that the change will become effective only at the end of the then-current billing cycle of your subscription. Unless otherwise required by law, we will provide you with reasonable prior notice of any significant changes to our subscription plan or the fees to give you an opportunity to cancel your subscription before such change takes effect.
6. The User’s Responsibilities
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6.1. You:
6.1.1. must be aged 18 years or older to access or use the AQ Prime Service and/or Content;
6.1.2. are only authorized to use the AQ Prime Service and view the Content for your own personal and non-commercial use in accordance with these Terms and Conditions;
6.1.3. will be strictly and solely responsible for your own use of the AQ Prime Service and the Content and any use of the AQ Prime Service by any party who uses your login details will be treated as use by you;
6.1.4. must not, (and must not permit or enable any other person to) sell, reproduce, copy, distribute, publish, modify, and/or prepare derivative works based on the Content and/or the AQ Prime Service;
6.1.5. agree that the AQ Prime Service and Content are only for your private viewing and access and shall not yourself, (or permit or enable any other person to) show, play, use, access or view the AQ Prime Service and/or Content for any public or commercial purposes unless with our prior written consent;
6.1.6. without limiting sub-clause 6.1.5, shall not charge third parties for use or access to the AQ Prime Service or any Content or for access to premises where the AQ Prime Service or Content are viewed;
6.1.7. will abide by all relevant applicable laws and any operating and/or usage rules, as amended from time to time;
6.1.8. as a registered user, in order to apply and/or use the AQ Prime Service, must provide a valid login email address and password or valid Facebook login details;
6.1.9. will maintain and promptly update any personal data submitted to us and keep it true, accurate, current and complete;
6.1.10. will report any violation of these Terms and Conditions to our customer service team via the Website; and
6.1.11. as a registered user, shall safeguard your login details and password(s) and ensure that they are not disclosed or provided to any other person.
6.2. You agree not to:
6.1.2. are only authorized to use the AQ Prime Service and view the Content for your own personal and non-commercial use in accordance with these Terms and Conditions;
6.1.3. will be strictly and solely responsible for your own use of the AQ Prime Service and the Content and any use of the AQ Prime Service by any party who uses your login details will be treated as use by you;
6.1.4. must not, (and must not permit or enable any other person to) sell, reproduce, copy, distribute, publish, modify, and/or prepare derivative works based on the Content and/or the AQ Prime Service;
6.1.5. agree that the AQ Prime Service and Content are only for your private viewing and access and shall not yourself, (or permit or enable any other person to) show, play, use, access or view the AQ Prime Service and/or Content for any public or commercial purposes unless with our prior written consent;
6.1.6. without limiting sub-clause 6.1.5, shall not charge third parties for use or access to the AQ Prime Service or any Content or for access to premises where the AQ Prime Service or Content are viewed;
6.1.7. will abide by all relevant applicable laws and any operating and/or usage rules, as amended from time to time;
6.1.8. as a registered user, in order to apply and/or use the AQ Prime Service, must provide a valid login email address and password or valid Facebook login details;
6.1.9. will maintain and promptly update any personal data submitted to us and keep it true, accurate, current and complete;
6.1.10. will report any violation of these Terms and Conditions to our customer service team via the Website; and
6.1.11. as a registered user, shall safeguard your login details and password(s) and ensure that they are not disclosed or provided to any other person.
6.2.1. restrict or inhibit any other persons from using the AQ Prime Service, including, without limitation, by means of "hacking" or defacing any portion of the AQ Prime Service and/or the Website;
6.2.2. access or use the AQ Prime Service, the Website, the Content or the Software (as defined in Clause 11.1) for any unlawful purpose or any purpose not expressly authorized by these Terms and Conditions;
6.2.3. modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, Software or Content;
6.2.4. remove any copyright, trademark, or other proprietary rights notices contained in the AQ Prime Service and/or the Content;
6.2.5. capture or screenshot any part of the AQ Prime Service or the Content without our prior written authorization;
6.2.6. use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce, disrupt or
6.2.7. circumvent the navigational structure or presentation of the AQ Prime Service and/or the Content;
6.2.8. collect any personal data of any users of the AQ Prime Service;
6.2.9. hack, break into, or attempt to hack or break into, in any manner the AQ Prime Service, the Software, the Website, and/or any data areas on our server(s) or that of any third-parties;
6.2.10. download, copy, store, rip, distribute, share or re-direct any Content from the AQ Prime Service in any way or through any media;
6.2.11. disclose your login details and password or permit or enable other persons to use your login details and password to access the AQ Prime Service and/or any Content;
6.2.12. incorporate any software or other materials that may contain a virus, worm, time bomb, Trojan horse, or other harmful or disruptive components;
6.2.13. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the AQ Prime Service;
6.2.14. use the AQ Prime Service or any part thereof to promote, sell, issue, create, or sponsor any illegal, immoral, or otherwise fraudulent financial instruments or investment products;
6.2.15. interfere with or disrupt the AQ Prime Service or servers or networks connected to the AQ Prime Service; and
6.2.16. provide any information that is untrue, inaccurate, not current or incomplete; if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or restrict your access to the AQ Prime Service and/or Content; and refuse any and all current or future use of the AQ Prime Service and/or Content;
6.3. Our authorization for you to access and receive the AQ Prime Service and the Content is conditional upon your strict compliance with each of these Terms and Conditions.
6.2.2. access or use the AQ Prime Service, the Website, the Content or the Software (as defined in Clause 11.1) for any unlawful purpose or any purpose not expressly authorized by these Terms and Conditions;
6.2.3. modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, Software or Content;
6.2.4. remove any copyright, trademark, or other proprietary rights notices contained in the AQ Prime Service and/or the Content;
6.2.5. capture or screenshot any part of the AQ Prime Service or the Content without our prior written authorization;
6.2.6. use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce, disrupt or
6.2.7. circumvent the navigational structure or presentation of the AQ Prime Service and/or the Content;
6.2.8. collect any personal data of any users of the AQ Prime Service;
6.2.9. hack, break into, or attempt to hack or break into, in any manner the AQ Prime Service, the Software, the Website, and/or any data areas on our server(s) or that of any third-parties;
6.2.10. download, copy, store, rip, distribute, share or re-direct any Content from the AQ Prime Service in any way or through any media;
6.2.11. disclose your login details and password or permit or enable other persons to use your login details and password to access the AQ Prime Service and/or any Content;
6.2.12. incorporate any software or other materials that may contain a virus, worm, time bomb, Trojan horse, or other harmful or disruptive components;
6.2.13. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the AQ Prime Service;
6.2.14. use the AQ Prime Service or any part thereof to promote, sell, issue, create, or sponsor any illegal, immoral, or otherwise fraudulent financial instruments or investment products;
6.2.15. interfere with or disrupt the AQ Prime Service or servers or networks connected to the AQ Prime Service; and
6.2.16. provide any information that is untrue, inaccurate, not current or incomplete; if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or restrict your access to the AQ Prime Service and/or Content; and refuse any and all current or future use of the AQ Prime Service and/or Content;
7. Personal Data and Information
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7.1. We collect, process, disclose, retain or use your personal data in accordance with the AQ Prime, Inc. Personal Information Collection Statement published on https://www.aqprime.net/privacy (the “Personal Information Collection Statement”). Please read the Personal Information Collection Statement carefully as it provides information about how we use, share, store and process your personal data. By accessing and receiving the AQ Prime Service and the Content and accepting these Terms and Conditions, you consent to us processing such information in this way.
7.2. If we request personal data from you, you may refuse to provide the personal data. However, we may not be able to provide you access to the AQ Prime Service and/or any Content if the personal data that you refuse to provide is necessary for our provision of the AQ Prime Service and/or the Content.
7.3. If you register for the AQ Prime Service through your Facebook account, your name, username, gender, age, networks, language, region, and other available information under your public profile of your Facebook account may also be collected and used by us in accordance with these Terms and Conditions, and such use may include, amongst others, providing the AQ Prime Service, setting your customized content and sending promotional information or important updates regarding AQ Prime or our other media entertainment services.
7.4. If you register for the AQ Prime Service with your email address and/or mobile number, or if you provide the same during any interaction with the AQ Prime Service, we shall use this contact information for the purpose of sending you important account or product updates and/or alerts, or for other purposes requiring direct customer communication. We may also use this information to send you emails and/or SMS, MMS, or RCS messages containing promotional information regarding our AQ Prime Service or our other media entertainment services, unless you refuse consent to such use during your registration. You may unsubscribe to our promotional emails using an unsubscribe facility (which includes, but is not limited to, an email address) provided at the bottom portion. For SMS, MMS, or RCS promotional messages, you may unsubscribe using a similar unsubscribe facility provided at the end of our messages.
7.5. You will provide us with the information relating to you or your use of the AQ Prime Service as we reasonably require:
7.7. We or our data processor may transfer your personal data to a third-party service provider engaged by us who is located outside of the Republic of the Philippines (“Philippines”). You acknowledge and consent to the transfer of your personal data to such third-party service providers. We will carry out any such transfer and/or processing of your personal data outside of the Philippines in accordance with applicable personal data protection laws and, in this connection, will ensure that the third-party service provider has in place data protection measures and policies that are no less stringent than those we apply ourselves.
7.2. If we request personal data from you, you may refuse to provide the personal data. However, we may not be able to provide you access to the AQ Prime Service and/or any Content if the personal data that you refuse to provide is necessary for our provision of the AQ Prime Service and/or the Content.
7.3. If you register for the AQ Prime Service through your Facebook account, your name, username, gender, age, networks, language, region, and other available information under your public profile of your Facebook account may also be collected and used by us in accordance with these Terms and Conditions, and such use may include, amongst others, providing the AQ Prime Service, setting your customized content and sending promotional information or important updates regarding AQ Prime or our other media entertainment services.
7.4. If you register for the AQ Prime Service with your email address and/or mobile number, or if you provide the same during any interaction with the AQ Prime Service, we shall use this contact information for the purpose of sending you important account or product updates and/or alerts, or for other purposes requiring direct customer communication. We may also use this information to send you emails and/or SMS, MMS, or RCS messages containing promotional information regarding our AQ Prime Service or our other media entertainment services, unless you refuse consent to such use during your registration. You may unsubscribe to our promotional emails using an unsubscribe facility (which includes, but is not limited to, an email address) provided at the bottom portion. For SMS, MMS, or RCS promotional messages, you may unsubscribe using a similar unsubscribe facility provided at the end of our messages.
7.5. You will provide us with the information relating to you or your use of the AQ Prime Service as we reasonably require:
7.5.1. to help us in complying with applicable laws and to report to any government or regulatory agency regarding such compliance; and
7.5.2. to assess whether or not you have complied, are complying and will be able to continue to comply with all obligations under these Terms and Conditions.
7.6. If you choose App Store or Google Play as your payment method, payment details that you provide to App Store and Google Play are collected solely by the relevant Payment Gateway that you choose, and we do not collect, receive or see any of such data.
7.5.2. to assess whether or not you have complied, are complying and will be able to continue to comply with all obligations under these Terms and Conditions.
7.7. We or our data processor may transfer your personal data to a third-party service provider engaged by us who is located outside of the Republic of the Philippines (“Philippines”). You acknowledge and consent to the transfer of your personal data to such third-party service providers. We will carry out any such transfer and/or processing of your personal data outside of the Philippines in accordance with applicable personal data protection laws and, in this connection, will ensure that the third-party service provider has in place data protection measures and policies that are no less stringent than those we apply ourselves.
8. Acknowledgments
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8.1. You acknowledge that:
8.2. You may be able to access public posts of Facebook pages of other persons through certain features within the AQ Prime Service. You acknowledge that we do not own, are not responsible for nor have any responsibilities to any of the posts and/or comments made by other third parties to the Facebook pages linked through the AQ Prime Service, and that linking to these Facebook pages does not mean we endorse in any way the contents of such posts in the relevant Facebook pages. For the avoidance of doubt, Facebook, the “Like” button, the “Share” button, the “f” logo are all trademarks, and/or trade names and properties of Facebook.
8.1.1. you have read and understood these Terms and Conditions and the Personal Information Collection Statement, and by your continued access and receipt of the AQ Prime Service and the Content, you are deemed to have accepted the same;
8.1.2. we do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content;
8.1.3. certain programs and other Content on the AQ Prime Service are provided by third party providers, not by us and therefore the availability of Content and programs are outside our control;
8.1.4. we make no representation, promise, warranty, undertaking or guarantee as to the quality, resolution, completeness, accuracy, device compatibility, usefulness, continuity, smoothness or timeliness of any particular Content;
8.1.5. we can vary, replace or withdraw any channels and programs (whether advertised or not) on the AQ Prime Service;
8.1.6. we can change or reduce the number of hours of broadcast of any channel or any program on the AQ Prime Service;
8.1.7. the Content solely expresses the view of the speaker or creator of the Content, and not our views or any entity associated with us;
8.1.8. we disclaim all liability for any of the Content carried on the AQ Prime Service;
8.1.9. your use of third-party web pages or content linked to or integrated within the AQ Prime Service may be governed by additional or different terms and conditions. In such cases, those additional terms and conditions will apply to your use of such web page or website in addition to these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency;
8.1.10. nothing you do on or in relation to the AQ Prime Service and/or the Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;
8.1.11. there may be some Content which is not suitable for viewing by minors. You are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content and for generally ensuring that minors do not access such Content using your login details and password;
8.1.12. parts of the AQ Prime Service and the Content may be provided or maintained by third party providers and not by us; in such cases, your correspondence, dealings, or other form of interaction with any third-party provider are solely between you and that third party provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such correspondence, dealings, or interaction;
8.1.13. unless explicitly stated otherwise, any new features that augment or enhance the AQ Prime Service shall be subject to these Terms and Conditions;
8.1.14. we may at any time employ and/or install software in any device(s) used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the AQ Prime Service in any way or through any media; and
8.1.15. the provision of the AQ Prime Service and availability of certain features and services is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the AQ Prime Service, the reliability, speed and stability of your Internet connection and bandwidth, as well as the specifications and performance of your devices or the respective software used, all of which are out of our control. We will not be liable to you or any other third parties (including users of the AQ Prime Service (whether authorized or not)) for any failure or delay in accessing the AQ Prime Service or any parts, features and/or content thereof (whether due to the lack of streaming capacity or otherwise) and/or consequences or effects on the quality of your Internet connection that may be caused by the AQ Prime Service.
8.1.2. we do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content;
8.1.3. certain programs and other Content on the AQ Prime Service are provided by third party providers, not by us and therefore the availability of Content and programs are outside our control;
8.1.4. we make no representation, promise, warranty, undertaking or guarantee as to the quality, resolution, completeness, accuracy, device compatibility, usefulness, continuity, smoothness or timeliness of any particular Content;
8.1.5. we can vary, replace or withdraw any channels and programs (whether advertised or not) on the AQ Prime Service;
8.1.6. we can change or reduce the number of hours of broadcast of any channel or any program on the AQ Prime Service;
8.1.7. the Content solely expresses the view of the speaker or creator of the Content, and not our views or any entity associated with us;
8.1.8. we disclaim all liability for any of the Content carried on the AQ Prime Service;
8.1.9. your use of third-party web pages or content linked to or integrated within the AQ Prime Service may be governed by additional or different terms and conditions. In such cases, those additional terms and conditions will apply to your use of such web page or website in addition to these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency;
8.1.10. nothing you do on or in relation to the AQ Prime Service and/or the Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;
8.1.11. there may be some Content which is not suitable for viewing by minors. You are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content and for generally ensuring that minors do not access such Content using your login details and password;
8.1.12. parts of the AQ Prime Service and the Content may be provided or maintained by third party providers and not by us; in such cases, your correspondence, dealings, or other form of interaction with any third-party provider are solely between you and that third party provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such correspondence, dealings, or interaction;
8.1.13. unless explicitly stated otherwise, any new features that augment or enhance the AQ Prime Service shall be subject to these Terms and Conditions;
8.1.14. we may at any time employ and/or install software in any device(s) used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the AQ Prime Service in any way or through any media; and
8.1.15. the provision of the AQ Prime Service and availability of certain features and services is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the AQ Prime Service, the reliability, speed and stability of your Internet connection and bandwidth, as well as the specifications and performance of your devices or the respective software used, all of which are out of our control. We will not be liable to you or any other third parties (including users of the AQ Prime Service (whether authorized or not)) for any failure or delay in accessing the AQ Prime Service or any parts, features and/or content thereof (whether due to the lack of streaming capacity or otherwise) and/or consequences or effects on the quality of your Internet connection that may be caused by the AQ Prime Service.
8.2. You may be able to access public posts of Facebook pages of other persons through certain features within the AQ Prime Service. You acknowledge that we do not own, are not responsible for nor have any responsibilities to any of the posts and/or comments made by other third parties to the Facebook pages linked through the AQ Prime Service, and that linking to these Facebook pages does not mean we endorse in any way the contents of such posts in the relevant Facebook pages. For the avoidance of doubt, Facebook, the “Like” button, the “Share” button, the “f” logo are all trademarks, and/or trade names and properties of Facebook.
9. Software Licenses
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9.1. We may from time to time request you to download software, applications and/or programs from the AQ Prime Service ("Software"), and we hereby grant to you a non-exclusive and non-transferable license to store, run and use the Software on your devices but only in accordance with these Terms and Conditions and any software license which accompanies the Software.
9.2. You agree to download and install the Software in such personal devices to be used by you for accessing and/or installing the AQ Prime Service.
9.3. You acknowledge that we may refuse to provide the AQ Prime Service to you in the event you fail to successfully download and install the Software.
9.2. You agree to download and install the Software in such personal devices to be used by you for accessing and/or installing the AQ Prime Service.
9.3. You acknowledge that we may refuse to provide the AQ Prime Service to you in the event you fail to successfully download and install the Software.
10. Links and Advertisements
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10.1. We have no control over any third-party web sites linked to the AQ Prime Service, and are not responsible for the content or accuracy of any off-site pages or any other third party web sites linked to the AQ Prime Service (including without limitation sites linked through advertisements). Some links which appear on the AQ Prime Service and/or the Website are automatically generated and may be offensive or inappropriate to some people. The inclusion of a link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence, dealings, or other form of interaction with, or participation in promotions of, advertisers on the AQ Prime Service and/or the Website are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as a result of any such correspondence, dealings, or interaction or as a result of the presence of links and advertisements on the AQ Prime Service and/or the Website.
10.2. We may use third-party advertising companies including but not limited to Onwards Media Group and KandeTechnologies to track and/or measure advertising effectiveness on the AQ Prime Service, the Website and other web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the AQ Prime Service, the Website and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
10.3. We collect and use certain content and public information you provide, including but not limited to your public profile in your Facebook account (if you use AQ Prime Service through your Facebook account login), in order to provide AQ Prime Service and advertisements about goods and services of interest to you.
10.2. We may use third-party advertising companies including but not limited to Onwards Media Group and KandeTechnologies to track and/or measure advertising effectiveness on the AQ Prime Service, the Website and other web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the AQ Prime Service, the Website and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
10.3. We collect and use certain content and public information you provide, including but not limited to your public profile in your Facebook account (if you use AQ Prime Service through your Facebook account login), in order to provide AQ Prime Service and advertisements about goods and services of interest to you.
11. Indemnification
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11.1. You agree to indemnify us, our employees, our content providers, sub-contractors, licensors and/or agents against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to:
11.2. Clause 11 shall survive the termination of your agreement with us for the AQ Prime Service and/or Content.
11.1.1. your use or others use of the AQ Prime Service, the Software, the Website and/or the Content through your devices and/or registered account; and
11.1.2. any breach or non-observance of any of these Terms and Conditions by you.
11.1.2. any breach or non-observance of any of these Terms and Conditions by you.
11.2. Clause 11 shall survive the termination of your agreement with us for the AQ Prime Service and/or Content.
12. General Warranties & Liabilities
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12.1. You agree that the AQ Prime Service is provided “as is” and without express or implied warranty or condition of any kind. To the fullest extent permitted by law, we and our content providers (and their affiliates) unless otherwise specifically mentioned in these Terms and Conditions, disclaim any representation or warranty whether express or implied as to:
12.2. We disclaim any representation or warranty that the AQ Prime Service will meet your requirements; and/or that your access to and use of the AQ Prime Service will be uninterrupted, without delay or will be error-free, free of viruses, malicious code or other harmful components or otherwise secure.
12.3. To the fullest extent permissible by law, we expressly disclaim any liability for:
12.4. To the fullest extent permissible by law, we will under no circumstances, pay more than One Thousand Philippine Pesos (PHP1,000.00) in compensation (even if we have been negligent) for any liabilities under these Terms and Conditions for the AQ Prime Service, Content, Software and any other goods we supplied or provided.
12.5. Clause 12 shall survive the termination of your agreement with us for the AQ Prime Service.
12.1.1. the title, quality, fitness for a particular purpose, merchantability, accuracy, device compatibility, completeness, or standard of quality and resolution, transmitting continuity and timeliness of the AQ Prime Service, the Software and/or any Content;
12.1.2. that the AQ Prime Service will be uninterrupted, without delay or will be error free; and
12.1.3. any obligation to maintain the confidentiality of information provided by users (although our current practice is to maintain such confidentiality) and that which is collected from use of any part of the AQ Prime Service and/or any Content.
12.1.2. that the AQ Prime Service will be uninterrupted, without delay or will be error free; and
12.1.3. any obligation to maintain the confidentiality of information provided by users (although our current practice is to maintain such confidentiality) and that which is collected from use of any part of the AQ Prime Service and/or any Content.
12.2. We disclaim any representation or warranty that the AQ Prime Service will meet your requirements; and/or that your access to and use of the AQ Prime Service will be uninterrupted, without delay or will be error-free, free of viruses, malicious code or other harmful components or otherwise secure.
12.3. To the fullest extent permissible by law, we expressly disclaim any liability for:
12.3.1. any damage to or loss of data suffered by you arising from your use of the AQ Prime Service, the Software and/or any Content;
12.3.2. any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;
12.3.3. any claim relating to any part of the AQ Prime Service or any Content supplied, provided, sold or made available by or through the AQ Prime Service (or any failure or delay to so supply, provide, sell or make available);
12.3.4. any disruption, suspension, delay or failure of the AQ Prime Service or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
12.3.5. any infringement of intellectual property rights arising from your use of the AQ Prime Service, the Software and/or any Content.
12.3.2. any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;
12.3.3. any claim relating to any part of the AQ Prime Service or any Content supplied, provided, sold or made available by or through the AQ Prime Service (or any failure or delay to so supply, provide, sell or make available);
12.3.4. any disruption, suspension, delay or failure of the AQ Prime Service or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
12.3.5. any infringement of intellectual property rights arising from your use of the AQ Prime Service, the Software and/or any Content.
12.4. To the fullest extent permissible by law, we will under no circumstances, pay more than One Thousand Philippine Pesos (PHP1,000.00) in compensation (even if we have been negligent) for any liabilities under these Terms and Conditions for the AQ Prime Service, Content, Software and any other goods we supplied or provided.
12.5. Clause 12 shall survive the termination of your agreement with us for the AQ Prime Service.
13. Termination
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13.1. We may cease providing the AQ Prime Service and/or any Content to you at any time without any notice to you.
13.2. For serious misuse of the AQ Prime Service or breach of these Terms and Conditions we may suspend or end your access to the AQ Prime Service immediately without prior notice.
13.3. We may also suspend or restrict your access to the Content and/or the AQ Prime Service if you breach any other contract you have with us or any of the AQ Prime group companies and do not cure or rectify any such breach within the time mentioned in such other contract. In the event that we suspend or restrict your access to the AQ Prime Service, we will provide you instructions for its restoration.
13.2. For serious misuse of the AQ Prime Service or breach of these Terms and Conditions we may suspend or end your access to the AQ Prime Service immediately without prior notice.
13.3. We may also suspend or restrict your access to the Content and/or the AQ Prime Service if you breach any other contract you have with us or any of the AQ Prime group companies and do not cure or rectify any such breach within the time mentioned in such other contract. In the event that we suspend or restrict your access to the AQ Prime Service, we will provide you instructions for its restoration.
14. Effect of Termination
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14.1. Upon termination of your access to the AQ Prime Service, all licenses, rights and privileges granted to you under these Terms and Conditions shall cease. Any such termination shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
15. Other Rights to Suspend or End Access to the AQ Prime Service
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15.1. We can limit, suspend, end or restrict your access to the AQ Prime Service, without prior notice (unless it is reasonably practicable to do so) if:
15.1.1. the law or any governmental authority requires us to do so;
15.1.2. there is an emergency that affects our ability to provide the AQ Prime Service or Content;
15.1.3. the AQ Prime Service or any Content is withdrawn from distribution through the AQ Prime Service for whatever reason;
15.1.4. we no longer hold the right to distribute the AQ Prime Service or any particular Content on the AQ Prime Service;
15.1.5. we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if we are required by a relevant authority to cease transmission of the AQ Prime Service and/or Content; or
15.1.6. the AQ Prime Service or Content including any advertising material therein fails to comply with any regulatory standards, relevant laws or any requirements or orders issued from time to time by a relevant authority.
15.1.2. there is an emergency that affects our ability to provide the AQ Prime Service or Content;
15.1.3. the AQ Prime Service or any Content is withdrawn from distribution through the AQ Prime Service for whatever reason;
15.1.4. we no longer hold the right to distribute the AQ Prime Service or any particular Content on the AQ Prime Service;
15.1.5. we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if we are required by a relevant authority to cease transmission of the AQ Prime Service and/or Content; or
15.1.6. the AQ Prime Service or Content including any advertising material therein fails to comply with any regulatory standards, relevant laws or any requirements or orders issued from time to time by a relevant authority.
16. Unauthorized Access
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16.1. Unauthorized access to the AQ Prime Service and/or any Content is a breach of these Terms and Conditions and a violation of the law. Where certain Content is restricted to registered users/selected registered users, you agree not to access such Content by any means other than providing us your login details and password. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the AQ Prime Service, the Content or the Website except those automated means for which we have given prior written approval.
17. Changes to Terms and Conditions
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17.1. We may from time to time need to unilaterally change the terms and conditions of the AQ Prime Service. Any such changes shall be published on our Website as soon as practicable.
18. Miscellaneous
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18.1. You accept that this agreement for the use and access to the AQ Prime Service and the Content is personal to you and agree not to transfer it to anyone else, or to try to do so without our prior written consent. However, we may take instructions from a person who we think, with good reason, is acting on your behalf.
18.2. We may transfer our rights and obligations hereunder to any person or entity without your consent and we may use an agent or subcontractor to perform any of our responsibilities.
18.3. Should there be a need for us to contact you, we will use the email address and/or telephone number that you have provided us. On the other hand, you may contact us through the correspondence address, email address and/or telephone number on the AQ Prime Website, which we have given to you for that purpose.
18.4. If sent by email, any notice or communication sent by us shall be deemed received immediately upon the sending of said email.
18.2. We may transfer our rights and obligations hereunder to any person or entity without your consent and we may use an agent or subcontractor to perform any of our responsibilities.
18.3. Should there be a need for us to contact you, we will use the email address and/or telephone number that you have provided us. On the other hand, you may contact us through the correspondence address, email address and/or telephone number on the AQ Prime Website, which we have given to you for that purpose.
18.4. If sent by email, any notice or communication sent by us shall be deemed received immediately upon the sending of said email.
19. Governing Law
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These Terms and Conditions are governed by the laws of the Philippines and you agree to submit to the exclusive jurisdiction of the Philippine courts.
20. Language
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Should there be any inconsistencies between the English version and any other language versions (if any) of these Terms and Conditions, the English version shall prevail.
21. Severability
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If any provision is declared illegal, invalid or unenforceable for any reason, such shall not affect the legality, validity or enforceability of all other provisions of these Terms and Conditions. The illegal, invalid or unenforceable provision shall be amended to the extent necessary to cure the illegality, invalidity or unenforceability or, if impossible, shall be deleted from these Terms and Conditions, but all other provisions of these Terms and Conditions shall continue in full force and effect.
Updated as of June 2025