Terms & Conditions
This Service (as hereinafter defined) is made available by Progresif Sdn Bhd (“Progresif”) and by accessing the Progresif Care+ App (“App”), you hereby agree to be bound by:
- these Terms and Conditions of the Service herein;
- the Terms and Conditions of the Direct Carrier Billing Service; and
- the relevant terms and conditions of your mobile service.
The above shall form the terms of contract between you, the customer and us, Progresif (collectively the “Terms and Conditions”).
Your use of the App, upon Activation, constitutes unconditional acceptance to be bound by the Terms and Conditions as may be amended from time to time. You must ensure that any person you allow to use the App complies with these Terms and Conditions. You acknowledge that you have read and fully understood these Terms and Conditions.
Part A: General Terms and Conditions
For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:
“Activation” or “Activated”
Means the point in time when the App is activated in Progresif’s system;
Means Progresif Care App, the software application developed specifically by Progresif for use by Progresif’s postpaid and prepaid customers to enjoy the Service(s).
Means Progresif Sdn Bhd. Any and all references to “we”, “us”, “our” or “Progresif”, shall refer to the relevant Progresif entity that is providing the Services to you (including its successors and assigns);
Means the telecommunication system utilized by Progresif in providing the Service;
Means any contest, surveys, information, text, sound, music, software, photographs, videos, graphics, data messages or other materials received by you including but not limited to VAS (Value Added Services).
Means a wireless device together with accessories for the use of the Service;
Means mobile telecommunication services to be provided by Progresif to you via the App. Services include, but not limited to,:
i. Viewing, tracking, paying your bills, automating bill payments, making additional purchases and viewing e-bills for postpaid customers
iii. Direct Carrier Billing where prepaid and postpaid customers can purchase in-app lifestyle vouchers using their prepaid balance or adding to their monthly postpaid bill respectively;
iv. Sending in-app lifestyle vouchers as gifts to other Progresif customers;
It may also include access to products and services of third parties either directly or indirectly via any links;
“Terms and Conditions”
Means these terms and conditions for the Service as may be varied or modified from time to time at Progresif’s sole discretion;
“Value Added Service” or “VAS”
Means non-core services beyond standard voice calls, data, SMS and MMS;
“You” or “Your”
Means the person authorized to use the Service subject to these Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come in force more particularly described in the Registration Form.
- Use of Service
2.1 The Service may include access to products and services of third parties either directly or via links to the App operated by third parties.
2.2 You acknowledge and agree that you are only permitted to use the App as expressly set out in these Terms and Conditions.
2.3 You agree that the App and usage of the Services on any Mobile Device to make such connection to the App are for your own personal use only and ensure the compatibility of the hardware and software will not cause any interference or disturbance to the Service.
2.4 You shall not:
2.4.1 Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information acquired by you while using the Services or the App;
2.4.2 Remove, change or obscure in any way anything on the App and/or the Services or otherwise use any material obtained whilst using the App and/or the Services except as set out in this Terms and Conditions; and
2.4.3 Copy or use any material from the App and/or the Services for any commercial purposes, remove, obscure or change any copyright, trade mark or other intellectual property rights in the original material, or from any other material copied or printed from the App, or obtained as a result of using the Services.
2.5 You may log in to the App via network login in which you will be able to login using your e-mail address and password once you have registered for an account and your device is connected on any network, provided there is available internet connection.
- Your Responsibility
3.1 You shall:
3.1.1 Ensure the compatibility of your Mobile Device with Progresif’s System. In the event that changes, and upgrades are introduced to Progresif’s System, you shall be responsible to ensure the continued compatibility of your Mobile Device and you shall have no claim whatsoever against Progresif arising therefore;
3.1.2 Comply with all notice or instruction given by Progresif from time to time in relation to the use of the Service;
3.1.3 Be responsible for all necessary equipment and software to use the Service and for the security and integrity of all information and personal data transmitted, disclosed and/or obtained through the use of the Service;
3.1.4 Be responsible for all usage of and charges imposed as a result for using the Service including but not limited to payment of all the Service’s charges and any other related charges due to Progresif in a timely manner;
3.1.5 Be fully responsible for any data transmitted or broadcasted by you or any other persons using your Mobile Device;
3.1.6 Comply with all applicable laws of Brunei relating to the Service issued by relevant government and regulatory agencies which may be amended from time to time;
3.1.7 Take all reasonable steps to prevent fraudulent, improper or illegal use of theService;
3.1.8 Cease to utilise the Service or any part thereof for such period as may be required by Progresif; and
3.1.9 Report immediately to Progresif upon the discovery of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts in relation to the Mobile Device and its use. You agree to lodge a police report whenever instructed by Progresif and to give Progresif a certified copy of such report.
3.1.10 Be responsible for all transactions conducted by you. In particular, the registered account holder is responsible and liable for all charges and payments for the Service(s) incurred within your account whether the Service(s) is used by you or someone else (regardless whether such use was with your express consent and/or knowledge or otherwise).
3.1.11 Acknowledge and agree that any transactions including purchases, add-ons, donations, payment and/or confirmation made by you shall be final and cannot be cancelled, reversible and/or refundable.
3.1.12 Be responsible for any and all use of your account and by default, responsible for the protection of your password and notify Progresif immediately if you suspect any unauthorized use of your account.
3.2 You shall not use the Service:
3.2.1 To cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
3.2.2 To cause excessive or disproportionate load on the Service or Progresif’s System;
3.2.3 For any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;
3.2.4 For any purpose which is against public interest, public order or national harmony;
3.2.5 To use, to permit or to cause the Service improperly or for any activities which shall breach any laws, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require Progresif to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet; or
3.2.6 To transmit or post any content that contains any harmful, damaging or destructive programs.
3.2.7 To receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidentiality, in breach of any intellectual property rights (including copyright) or otherwise objectionable or unlawful;
3.2.8 To evade user’s authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with Service of other users, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Progresif’s legitimate web pages (referred to as “page-jacking”), or use the App or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and Progresif shall at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
3.2.9 To advertise or offer to sell any goods or services for any commercial purpose without Progresif’s written consent;
3.2.10 To hack into, make excessive traffic demands, deliver or forward chain letters, “junk mail” or “spam” of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the App and/or the Services or any other web site, or which is otherwise likely to damage or destroy Progresif’s reputation or the reputation of any third party.
3.3 In the event of any information provided by you is wrong, inaccurate, not current or incomplete, Progresif has the right to terminate your account and refuse any and all current or future use of the Services or access to the App.
- Progresif’s Rights
4.1 Progresif reserves the right to make any amendment or changes to the Service, or any part thereof, or suspend the Service or any part thereof with prior notice to you and Progresif shall not be liable for any loss or inconvenience to you resulting therefrom.
4.2 Progresif reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or whole Terms and Conditions upon prior notice to you through the Sites or other means of notification including SMS, OCS (Online Charging System) or in-app notification.
4.3 You may refer to the Progresif Care App for any changes in these Terms of Conditions. Your use of/access to the App after the effective date of any variation, addition or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variations, additions or amendment.
4.4 Unless otherwise stated, you agree that Progresif may send you notifications in relation to the promotional and marketing activities from time to time. You may opt out from receiving any promotional or marketing messages from Progresif by contacting Progresif through the Customer Engagement Centre at 177.
4.5 Progresif may extract any details or Personal Information or any other data from you which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service.
4.6 Progresif may run campaigns/contest or promotions in relation to the Service as may be notified to you from time to time. You agree that your participation in such campaign/contest/promotion shall be subject to the specific term’s conditions of such campaign/contest/promotion.
- Personal Information
You agree that by using the Services, you consent to your Personal Information being collected, used and/or disclosed to or by Progresif for the purpose of providing you the Service, business, financial, marketing or legal operations and activities of Progresif, or in compliance with any statutory or legal obligations imposed upon Progresif by any relevant agency or authorities.
- Proprietary Rights
6.1 All trademarks used in the App and/or the Services are the trademark of Progresif.
6.2 You acknowledge and agree that the Services and the App or any part thereof, whether presented to you by Progresif, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
6.3 You are only allowed to use the App and the Services in the specific manners as set out in these Terms and Conditions, and nothing in the App and/or the Services shall be construed as conferring any license or other transfer of rights of any Progresif’s intellectual property to you
7.1 This Service is provided on an “as is” and “as available” basis. Progresif disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:
7.1.1 Availability, accessibility, timeliness and uninterrupted use of the Service; and
7.1.2 Sequence, accuracy, completeness, timeliness or the security of any data, Content or information provided to you as part of the Service.
- Progresif’s Liability
Progresif shall not be liable for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service.
- Liability for App
9.1 It is your sole responsibility to use the App and the Services in the way that is suitable for your purposes. The App and in particular, charges are periodically updated, and you shall check the App and the Services regularly to ensure that you have the latest information on the App.
9.2 Neither Progresif, nor any of its employees, members of the Progresif’s affiliates, their suppliers, employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law), or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the App.
- Liability for Third Party
10.1 The App may contain links to Progresif’s website, third party’s web pages and you agree that upon your use of each website, webpage and service shall be subjected to the terms and conditions, if any, contained within each website or webpage or attached to any products or services of these third parties. These Terms and Conditions shall be deemed to be incorporated into each set of the terms and conditions therein. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant products or services shall prevail over these Terms and Conditions.
10.2 Unless expressly stated herein, Progresif disclaims any responsibility for terms and conditions published by third parties that is included in the App and the Services or which may be directly linked to and from the App.
10.4 You agree that Progresif is not required to monitor or edit the use of the App and the Services and Progresif is excluded from all liability of any kind arising from the use of the Services. Notwithstanding the foregoing, Progresif reserves the right to edit or remove any Services, at any time as Progresif deems necessary, in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.
- Exclusion of Liability
11.1 Nothing in these Terms and Conditions shall act to limit or exclude Progresif’s liability for death or personal injury resulting from Progresif’s negligence, fraud or any other liability, which may not be limited or excluded by applicable law.
11.2 Progresif shall use its reasonable endeavours to ensure the maintenance and availability of the App and the Services, subject to your equipment, other communications networks, network congestion or access to the internet at the same time or other causes of interference and may fail or require maintenance with notice.
11.3 Neither Progresif nor any member of Progresif’s affiliates shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the performance of, or use of Services available on the App and in particular, but without limitation to the foregoing, Progresif specifically excludes all liability whatsoever in respect of any loss arising as a result of:
11.3.1 Use which you make of the App and the Services, or reliance on Services, or any loss of any Services resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
11.3.2 Defects that may exist for any costs, loss of profits or consequential losses arising from your use of, or inability to use or access, or a failure, suspension or withdrawal of all or part of the App and the Services at any time.
11.4 All conditions or warranties may be implied or incorporated by law into these Terms and Conditions, or otherwise are hereby expressly excluded, to the extent permitted by law.
11.5 In the event that you are not satisfied with the App, you can choose to discontinue using the App by logging out and uninstalling the App from your Mobile Device. However, you are required to unsubscribe from each particular Service independently through other channels provided for the Service if you want to discontinue using the respective Service.
11.6 Progresif shall ensure the security of your communications, subject to any reasons beyond our control, where your communications may be unlawfully intercepted or accessed by those other than the intended recipient. Your communications may pass over third-party networks which we have no control over. There may be unwanted programs or materials downloaded without your knowledge, which may provide access and information stored on your mobile phone to any unauthorized persons.
12.1 Progresif reserves the right to modify the App and/or the Services or suspend or terminate the App and/or the Services, or access to part or all of them at any time with prior notice.
12.2 Progresif reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective after being posted on the Progresif website. By continuing to use this Service and App, you will be deemed to accept the varied Terms and Conditions.
13.1 You hereby agree to fully indemnify and to hold Progresif harmless from and against any claim brought by a third party resulting from the use of the App and the Services, or the provision of Content to Progresif by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by Progresif in consequence of such use of the App and the Services or provision of Content, or your breach or non-observance of any of these Terms and Conditions.
13.2 You shall defend and pay all costs, damages, awards, fees (including any legal fees) and judgments awarded against Progresif arising from the above claims, and shall provide Progresif with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.
- Matters Beyond Progresif’s Control
14.1 Progresif shall not be liable for any failure to perform its obligations herein which is caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Progresif has no control over or any cause outside Progresif’s reasonable control.
14.2 Notwithstanding Clause 14.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Progresif.
14.3 The Service may occasionally be affected by interference caused by objects beyond Progresif’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Progresif’s System or telecommunication systems. In the event of such interference, Progresif shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.
- Severability and Effect of these Terms and Conditions
If any of the provisions of these Terms and Conditions becomes invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
- Processing your Instructions
16.1 You shall request and authorize us to rely and act upon all valid communications as instructions properly authorized by you, even if they may conflict with any other instructions given at any time concerning bill or Service requirements.
16.2 An instruction will only be accepted by Progresif if you have passed through either one (1) of the following security criteria:
16.2.1 Bank validation for payment via credit card/FPX
16.3 You agree that Progresif shall only proceed with your instruction in the App if all criteria for authorization in Clause 16.2 above have been fulfilled.
16.4 We will make reasonable efforts to process any instruction requested by you as Customers, but we shall not be liable for any failure to comply with such request unless it is due to Progresif’s failure to make reasonable efforts to do so.
16.5 You must ensure that any instruction given via the App is accurate and complete, and we are not liable for any loss and damages suffered by you in the event of inaccurate information.
16.6 A transaction being carried out is not always simultaneous with an instruction being given. You acknowledge that there are certain instructions which may only be processed during normal working hours, regardless of the accessibility time.
16.7 You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorized transaction, or you have acted fraudulently. For the purposes of this Clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
17.1 Progresif may suspend, vary or terminate the Services and the App with prior notice (case by case basis) at any time, for repair or maintenance work, to upgrade or update the App and the Services, or for any other reason whatsoever.
17.2 Progresif may terminate the Services or your access to the App forthwith on breach of any of these Terms and Conditions by you, including without limitation, late payment or non-payment of charges due, or if Progresif ceased to offer the App and the Services to you for any reason whatsoever.
- General Use
18.1 These Terms and Conditions are governed by and construed in accordance with the laws of Brunei Darussalam, and you hereby submit to the exclusive jurisdiction of the Bruneian courts.
18.2 Progresif’s failure to exercise any particular rights or provisions under these Terms and Conditions, shall not constitute a waiver of such rights or provisions, unless acknowledged and agreed to by Progresif in writing.
18.3 You acknowledge and agree that you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
18.4 You undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or any part thereof. Breach of these Terms and Conditions will result in the Services being terminated by Progresif with prior notice. Progresif may assign these Terms and Conditions in whole or in part to any third party at its sole and absolute discretion.