Progresif Direct Carrier Billing
Terms & Conditions
- Service Specific Terms & Conditions
1.1 These Service Specific Terms & Conditions, together with the Progresif Care+ App Terms & Conditions form the terms of the contract between you, the customer, and us, Progresif (collectively the “Terms & Conditions”). You agree to use the Services in accordance with the Terms & Conditions and our policies, guidelines, instructions, notices and directions as may be prescribed by us from time to time.
1.3 By agreeing to be bound by these Terms & Conditions, You represent and warrant that You are at least 18 years of age and legally capable and permitted to accede to these Terms.
1.4 If You allow any other person (including minors and person without legal capacity) to access or use the Direct Carrier Billing Service. You agree to be responsible for (a) ensuring that such person complies with these Terms, and (b) the actions, omissions and defaults of such person in relation to the Direct Carrier Billing Service.
|“Content”||means the in-app lifestyle vouchers made available for purchase and/or subscription via the Progresif Care+ App.
|“Direct Carrier Billing”||means the process and arrangement by which your purchase of Content is billed to your periodic Progresif bill.
|“You”||means any individual who authorizes Progresif to conclude Your purchase of the Content using the Direct Carrier Billing Service.|
- Provision of Service
3.1 Progresif shall not be liable for any delay in or for failure to perform obligations under this agreement if that delay or failure is caused by circumstances beyond Progresif’s control or by a third party.
3.4 Progresif may suspend your use of the Service where it is suspected that there is unauthorized or fraudulent use of the Service. In the event that your use of the Service is suspended pursuant to this Clause, you may be barred from any future use of this Service.
3.5 Transaction limits: Progresif may implement a transaction limit of BND100.00 for overall transactions including purchases of Content in your interest. Such limit may cause a temporary suspension of your use of the Service once such limit has been reached.
3.6 The Service is only available to Progresif’s mobile customers. If you transfer or “port” your mobile telephone number from us to another carrier, you will be deemed to have cancelled the Service and will no longer be able to use the Service for your mobile telephone number after the “transfer” or “porting” is completed. Notwithstanding the above, you will remain responsible for all fees and charges incurred prior to the transfer or “port”. If You are a prepaid customer, You will not be entitled to a refund of any balance on Your prepaid account.
3.7 Progresif does not provide any operational or technical support for the Content
- Charges and Payments
4.1 Prices for Content are determined by Progresif and are subject to adjustment as determined by them.
4.2 You agree and acknowledge that by Your acceptance of a charge or prices for the Content during the transaction process, Progresif shall be entitled to collect payment from You by:
i) directly debiting your prepaid balance if You are a pre-paid customer; or
ii) if you are a postpaid customer, You will see the charges on Your monthly phone bill.
- Refunds and Returns
5.1 All purchases of Content are considered final and cannot be cancelled, reversed and/or refunded.
5.2 If your post-paid account has been incorrectly debited, you must notify us within 30 days.
5.3 You acknowledge that the Content you purchase through the Service are issued by third-party retailers and your purchase of the Content is governed by certain terms and conditions established by the issuing retailer. You should review all applicable retailers’ terms and conditions prior to the purchase of any Content.
5.4 You acknowledge that Progresif has no obligation to resolve any dispute between you and any retailer.
- Personal Data
By using this Service, you consent to your Personal Data being collected, used and/or disclosed to or by Progresif for the purpose of providing you the Service.
- Warranties and Liability
7.1 The Service is provided here under “as is” and “as available” and Progresif hereby excludes all conditions, endorsements, guarantees, representations or warranties of any kind to the fullest extent permitted by applicable law.
7.2 To the maximum extent legally permitted, Progresif’s aggregate liability for all losses or damages whether in contract, tort or negligence shall in all circumstances be limited to the fees paid by You for the Direct Carrier Billing Service in relation to the Content acquired. Progresif shall not be liable for any other losses or damages, including without limitation loss of profit, loss of data, revenue loss, indirect, incidental and consequential losses, under any circumstances.
7.4 Nothing in this Agreement removes or limits Progresif’s liability for death or personal injury caused by our negligence.
8.1 If any of the terms contained in this Agreement are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed omitted without affecting or impairing the validity and enforeceability of the rest of the Agreement.
8.2 This Agreement may be assigned by Progresif.
8.3 Failure by either party to exercise or enforce any right conferred by these Terms against the other party shall not be or deemed to be a waiver of any such right or in any way prejudice any right of that party under these Terms.
8.4 Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.
8.5 You agree to indemnify Progresif for any and all losses, costs, damages, claims, expenses, actions and proceedings (including third party claims) whatsoever arising from: (a) the use of Direct Carrier Billing Service; or (b) a breach of any provision of these Terms.
8.6 You may not transfer or assign pre-payments or any of Your rights and responsibilities under this Agreement.
8.7 These Terms shall be subject to and construed in accordance with the laws of Brunei Darussalam and You hereby submit to the non-exclusive jurisdiction of the courts of Brunei Darussalam.