Thanks for being so detail oriented. We like that. If you have any additional questions or concerns, please feel free to contact us by phone or by email.
- Notice
- CARE+ Lifestyle Vouchers
- Copper Home Wifi (Contract)
- Device Instalment Plan
- Data Use
- Direct Carrier Billing
- Home WiFi (Contract)
- Home WiFi
- International Roaming Charges
- Online Sales
- Postpaid
- Postpaid (Contract)
- Prepaid
- Progresif CARE+
- Progresif Media
- Progresif Pay
- RECHARGE
- Refer A Friend
- Seven Wonders
TO CUSTOMERS OF PROGRESIF SDN BHD IN BRUNEI DARUSSALAM
As part of the restructuring exercise undertaken by Progresif Cellular Sdn Bhd, the business and assets of Progresif Cellular Sdn Bhd will be transferred wholly and entirely to Progresif Sdn Bhd. Hence, as of 1 January 2020 (“Effective Date”), Progresif Cellular Sdn Bhd will no longer be your service provider. As of the Effective Date, Progresif Sdn Bhd will take over the telecommunication services as your new service provider and therefore all customers of Progresif Cellular Sdn Bhd will become the customers of Progresif Sdn Bhd.
Please be assured that there will be a seamless and uninterrupted transfer of telecommunication services from Progresif Cellular Sdn Bhd to Progresif Sdn Bhd. You, as the existing customers of Progresif Cellular Sdn Bhd, will not be prejudiced by the proposed transfer.
In the event you are not agreeable to the proposed transfer, please notify Progresif Cellular Sdn Bhd either in writing or by coming to the nearest Progresif store before the Effective Date. If we do not hear from you within the said time frame, you are deemed to have agreed to the proposed transfer.
All Progresif Cellular Sdn Bhd’s customers will be duly and further notified via other channels including short message service.
For any inquiries on the above Public Notice please contact 177
FAQs
What do I need to do if I want to keep using services I currently use from Progresif Cellular Sdn Bhd?
All services from Progresif Cellular Sdn Bhd will be automatically transferred to Progresif Sdn Bhd and therefore you are not required to do anything to keep using such services.
Will my service be interrupted when my service provider changes from Progresif Cellular Sdn Bhd to Progresif Sdn Bhd?
Please be assured that there will be a seamless and uninterrupted transfer of telecommunication services from Progresif Cellular Sdn Bhd to Progresif Sdn Bhd.
What do I need to do if I disagree with the proposed transfer?
Please notify Progresif Cellular Sdn Bhd either in writing via email (contact@progresif.com), and thereafter to visit the nearest Progresif store to finalise the termination of your subscribed services before 1st January 2020. Alternatively, you may choose to visit the nearest Progresif store directly to commence the termination of such services.
Can I call 177 to notify that I disagree to the proposed transfer?
Yes, however customers are still required to visit any nearest Progresif store to sign the relevant termination agreements/forms.
These are Progresif’s Terms & Conditions for customers who registered for or use our Direct Carrier Billing Service (“the Service”) to charge their purchases in the Progresif Care+ App to their Progresif postpaid bills or prepaid balance.
- 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.
- Terminology
“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.
- General
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.
This fixed broadband service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
- Definitions
- “Agreement” means these T&Cs for this fixed broadband service, the application form, the terms and conditions of services of any chosen bundling set plan and any other documents, which are to be construed to be part of this Agreement. This Agreement forms a contractual obligation and shall be legally binding on the parties.
- “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.
- “Service” means the Fixed Broadband services provided by PROGRESIF including but not limited to voice calls, internet and data accessor any other value-added services added from time to time.
- Duration of Agreement
- This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 10. In the event of suspension or termination of this Agreement, the Subscriber shall be held liable for any accrued or outstanding fees and or/ charges remaining unpaid.
- Responsibility of the Subscriber
- The Subscriber must possess a yellow, purple or green Brunei Darussalam identification card (IC) to be considered eligible to enter into this Agreement. Subscribers without a yellow, purple or green Brunei Darussalam identification card shall provide a three (3) months valid identification card or a valid passport with an employment pass. The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also:
- Pay all charges and fees for the Service provided by PROGRESIF, regardless of whether such charges were authorised by the Subscriber, or the Subscriber failing to receive such notification, or the Subscriber’s neglect to enquire as to the nature of the Service subscribed or the outstanding fees of such subscribed Service;
- Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of Service that may occur from time to time;
- Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;
- Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;
- Use or view the Service as offered by PROGRESIF permitted by the terms of this Agreement and only for the Subscriber’s lawful communications and private usage. The Subscriber shall not exploit the Service commercially by reselling the Service or charge others to use or view the Service;
- Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;
- Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;
- Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;
- Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;
- Warrants to PROGRESIF that the Subscriber is not in default of any obligations under any laws and is not the subject of any existing or pending bankruptcy or insolvency proceedings under the laws of Brunei Darussalam;
- The Subscriber must meet and continue to meet all other eligibility requirements as may be determined by PROGRESIF from time to time.
- The Subscriber, as contrary to the intended use, shall NOT;
- Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network;
- Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;
- Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;
- Use the service/promotion for broadcasting to any party;
- Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;
- Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;
- Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;
- Use the service/promotion for telemarketing.
- The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Service.
- Contract Period>
- The Subscriber shall be bound by a twelve (12) month contract (referred to as the “Contract Period”) with PROGRESIF effective from the date of registration.
- In the event of termination within the Contract Period, the Subscriber shall be responsible to pay PROGRESIF the remaining monthly rental fees for the remaining duration of the Contract Period and any other outstanding fees and charges related to the subscription.
- The Subscriber shall continue to receive the Services beyond the Contract Period, however the Subscriber shall not be bound by clause 4.1.1, for the termination of the contract beyond the Contract Period.
- The Subscriber shall continue to be liable for the monthly rental fee beyond the Contract Period.
- Installation
- Following application for the Service, PROGRESIF will determine the availability of the Service to the Subscriber. If available, the Subscriber will be contacted by PROGRESIF for the arrangement of installation of the equipment by UNN at the Premises.
- If the Subscriber’s premises is unable to meet the minimum requirements for the installation of the Service, such that in order to obtain the Broadband Service, non-standard installation (including but not limited to internal wiring and cabling works) is required to be made, the Subscriber acknowledges and agrees that any additional cost of equipment and required accessories for the provisioning and installation of the Service is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF.
- Migration of Broadband Plan
- In the event of the availability of fibre optic in the area of the Subscriber, Progresif shall have the right to migrate the Subscriber from the applicable copper broadband plan to a suitable fibre optic broadband plan by providing prior notice to the Subscriber.
- In the event that the Subscriber changes their fixed broadband plan, the Subscriber shall not carry over any remaining data onto their new fixed broadband plan.
- If the Subscriber wishes to upgrade their fixed broadband plan, any processing fees will be waived. The contract shall revert as the first month of a 12-month contract. Additionally, customer will need to pay any outstanding bills.
- If the Subscriber wishes to downgrade their fixed broadband plan, a penalty fee of BND100.00 will apply. In addition to the said penalty fee, the Subscriber will also need to pay for any outstanding bills. The contract shall then revert as the first month of a 12-month contract.
- Relocation
- For an application for the relocation of the Services, the Subscriber acknowledges that any relocation is subject to: –
- Availability of such Service at the Subscriber’s new premises; and
- Payment by the Subscriber of a relocation fee (at prevailing rates) and any applicable fees and charges in relation to the relocation of Services is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF.
- PROGRESIF will not be liable for any direct or indirect losses or damages arising from service disruption during the relocation process;
- PROGRESIF may at its sole discretion cancel an application for relocation if it determines that it is unable to provide the Service at the Subscriber’s new premises due to reasons beyond the control of either party. In the event of cancellation of application by PROGRESIF, the relevant fees will be refunded. In the event of cancellation of application by the Subscriber, the relevant fees will not be refunded.
- Fees and Charges, Deposit, Payment Terms
- The Subscriber can sign-up to a maximum of five (5) fixed broadband services under one account. Such broadband services can be either on contract, non-contract or both.
- The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
- The Subscriber, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF may, in its discretion, determine and vary the sum of the deposit and reserves the right to utilise or deduct the sum of the deposit for any outstanding amount due from the Subscriber to PROGRESIF.
- The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit Term”) for corporate entities from the receipt of the official bill statement.
- PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.
- In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.
- The late payment fee shall be added to the Subscriber’s official bill statement in the following month.
- The Subscriber shall forward all disputes relating to the fees and charges reflected in the official bill statement in writing within fourteen (14) days from the date of the said bill. The Subscriber shall otherwise be deemed to construe the fees and charges in the official bill statement as correct and final and shall agree to promptly settle all such fees and such other charges as reflected therein. No further enquiry will be entertained.
- The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).
- Billing
- PROGRESIF shall make reasonable efforts to ensure that billing of Subscribers is timely, accurate and that all charges are made in the correct billing cycle.
- PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.
- PROGRESIF will notify the Subscriber via the e-mail address provided by the Subscriber to PROGRESIF at the time of registration and applying for the Services that bills are available to view online/electronically. The Subscriber agrees to continually maintain the e-mail address as this will be the only means by which PROGRESIF will inform the Subscriber that a bill is available to view.
- Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills, some charges may from time to time be missed and not billed during the appropriate billing cycle due to errors, oversight, systems fault or malfunction, or as a consequence of delays in receiving charges from third party providers. PROGRESIF may then back bill the Subscriber for charges for periods prior to the current billing cycle.
- Suspension and Termination
- Subscriber may at any time suspend or terminate this Agreement by filling in any necessary form and documentations required by PROGRESIF. Otherwise, Subscriber shall be deemed to terminate this Agreement upon expiry.
- Accounts may only be temporarily suspended for a maximum period of twelve (12) months provided that subscribers must settle any outstanding bills prior to the suspension and subject to the temporary suspension fees stated in Clause 10.4.
- Each broadband line may only be temporarily suspended maximum twice a year. The Subscriber may temporarily suspend a maximum of two (2) broadband lines in their account during the year.
- For each suspended line, the Subscriber will be charged the following fees:
- Where subscribers’ broadband plan is tied to a handset or device contract plan, subscribers must pay off any outstanding balance of their monthly bill and existing handset/device instalment plan before they are allowed to temporarily suspend services.
- PROGRESIF shall have the right, in its sole discretion and without liability to the Subscriber, at any time and without compensation, to suspend or terminate the Service and this Agreement under the following conditions:
- If any technical failure occurs in the Service;
- While the Service is being upgraded, modified or maintained;
- If the Subscriber breaches any clause in these T&Cs;
- If the Subscriber fails to make payment of billed charges within the stipulated credit terms.
- If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
- If it is in PROGRESIF’s opinion that the Service is or may be used fraudulently or for unlawful purpose. Fraudulent use includes but not limited to resupplying the service or giving access without PROGRESIF’s consent to a third party.
- In the event of termination relating to clause 10.6.3, 10.6.4, 10.6.5 and 10.6.6, the Subscriber shall pay for:
- all fees for the agreed duration of the Contract Period;
- any outstanding amount of the Fixed Broadband plan chosen; and
- any other accrued and outstanding charges and fees remaining unpaid up until the date of termination.
- In the event of suspension, the Subscriber shall continue to be liable for the accrued and outstanding charges and fees. PROGRESIF in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.
- PROGRESIF has the right to engage in and forward any unsettled bills or ch arges to its appointed debt collecting agent and/or external legal firms who will then be authorised to collect payment or engage legal proceedings against the Subscriber on PROGRESIF’s behalf. Any legal or agency costs incurred as a result will be borne solely by the Subscriber.
- Reservations of Rights by PROGRESIF
- PROGRESIF is entitled to amend, revise, discontinue, alter the Service, the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, discontinue or substitute the Service, at any time in its sole discretion. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.
- PROGRESIF reserves the right, at any time and without notice to the Subscriber to:
- add, delete or make changes to the Service;
- add or substitute alternative service;
- terminate or discontinue any services provided. Continued usage of the Service pursuant to any of the above-mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.
- PROGRESIF reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary the prescribed rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (AITI). Such amendments and variations may be informed to the Subscriber by way of advertisement or publication in local newspapers, leaflets, website or other form of communication for which the Subscriber shall then be responsible for payment on any such amendments and variations.
- PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.
- PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Subscriber.
- Subscribers Obligation in relation to Content>
- Subscriber’s Representations and Warranties
- The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.
- By signing on the registration form, the Subscriber expressly consents to the use and disclosure of any information belonging to the Subscriber to whom such disclosure is deemed necessary for the facilitation of 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.
- The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF makes no representations or warranties that the Service shall be free of errors, service interruption, and interception, free from malfunction, unauthorized intrusions e.g spamming or access by any known or unknown third parties.
- Disclaimer
- PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF and/or its shareholders, directors, officers and permitted assignees shall not be held liable or responsible for any unavailability, inaccessibility and interrupted use of the Service and security of the data or information transmitted to and from the Subscriber via the Service. PROGRESIF shall not be held responsible or liable for interruptions to the Service including but not limited to: failure or downtime in: power, base stations, satellite or satellite transmissions, service equipment, signal processing, uplink equipment and such other interruptions of a technical nature.
- PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.
- Limitation of Liability
- PROGRESIF shall not be made liable for any loss or damage in contract or in tort (whether direct, indirect, incidental or consequential) suffered by the Subscriber, or for loss of business, revenue, or profits of the Subscriber, or any damages, death or injuries sustained by the Subscriber or damage to the Subscriber’s property resulting from the use or inability to use the Service, any malfunctioning of the Service or any act, omission, error or default by PROGRESIF in respect of the Service.
- PROGRESIF shall not be liable to the Subscriber for any claims or for any additional costs incurred by the Subscriber in obtaining substitute services, nor shall PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of the Subscriber’s use of the Service.
- Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.
- Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.
- Force Majeure
- Assignment
- Notices
- Promotional Package
- Waiver
- Prevailing Language
- Governing Law <
Period of Temporary Suspension | Fees |
1 – 3 months | $50.00 in total |
For every month after 3 months | $5.00 per month |
The Subscriber shall not use any content received as part of the Services and is provided for the Subscriber’s own personal use for the purpose of copying, reproducing, distributing or creating derivative works without prior written authorisation from the relevant copyright owners. Any use of contents shall be subject to the respective copyright owners’ own terms of use and policies.
PROGRESIF shall not be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of PROGRESIF.
PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. Subscriber shall not be entitled to assign any of its rights or obligations under this Agreement.
All correspondences, requests and notices by PROGRESIF to the Subscriber shall be sent via post or other means communicated at that relevant time to the last known address provided by Subscriber to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media pages, websites etc.
Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.
Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.
This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.
This mobile handset plan and accompanying value-added services is provided to the Account Holder named in the application form printed overleaf by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). The purchase of this instalment plan constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
1. Definitions
1.1 “Agreement” means these T&Cs for the mobile handset instalment plan, the application form, the terms of services of any chosen bundling set plan and any other documents, which are to be construed to be part of this Agreement. This Agreement forms a contractual obligation and shall be legally binding on the parties.
1.2 “Account Holder” means a paying individual or legal entity named in the application form overleaf whose application for a mobile handset instalment plan or any part thereof has been approved by PROGRESIF.
2. Duration of Agreement
2.1 All mobile handset instalment plan purchases will require a twelve (12) or eighteen (18) month subscription plan and acceptance of PROGRESIF’s terms and conditions laid in this Agreement. This Agreement shall have full force upon purchase unless terminated by PROGRESIF or the Account Holder in accordance with the provision of clause 5. In the event of suspension or termination of this Agreement, the Account Holder shall be held liable for any accrued or outstanding fees and/or charges remaining unpaid.
2.2 The mobile handset plan is limited to only ONE (1) mobile handset per plan per Identity Card Holder. However, should the Account Holder wishes to purchase a new mobile handset, the Account Holder must pay off any outstanding balance of existing mobile handset instalment plan agreement prior to signing up for a new Agreement.
2.3 The Account Holder must settle in full, or put into place a formal payment arrangement to settle in full, any outstanding amounts due for all mobile lines registered to their mobile subscription accounts before they can sign up for a handset plan.
3. Responsibility of the Account Holder
3.1 The Account Holder must possess a yellow or red identity cardIC) and pass credit vetting to be considered eligible to enter into this Agreement. Proof of identity and any other additional supporting information for verification and eligibility purposes will be requested upon purchase. The Account Holder shall also agree to the following: –
3.1.1 Pay all charges and fees provided by PROGRESIF, regardless of whether such charges were authorised by the Account Holder, or the Account Holder failing to receive such notifications, or the Account Holder’s neglect to enquire as to the nature of such charges or fees.
3.1.2 The Account Holder shall not resell the mobile handset within the duration of this Agreement unless the Account Holder has executed the full payment of the mobile handset.
3.1.3 Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form including, but not limited to, any changes in address and/or contact particulars.
3.2 PROGRESIF shall not be responsible for any fraud, theft, loss or any damage whatsoever of the device. In such cases, the Account Holder shall continue to be responsible for the discharge of this Agreement.
3.3 Warrants to PROGRESIF that the Account Holder is not in default of any obligations under any laws and is not the subject of any existing or pending bankruptcy or insolvency proceedings under the laws of Brunei Darussalam.
4. Fees and Charges, Deposit, Payment Terms
4.1 The Account Holder shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
4.2 The Account Holder shall, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF may, in its discretion, determine and vary the sum of the deposit and reserves the right to utilise or deduct the sum of the deposit for any outstanding amount due from the Account Holder to PROGRESIF.
4.3 The Account Holder shall promptly pay monthly the outstanding fees and charges on the official bill statement, at or within such time as stated therein. In the event of late payment, the Account Holder shall be charged at a rate of 1.5% per month or at such other rate or rates as may be determined by PROGRESIF. Such charge/rate shall be applied for fees and charges remaining unpaid on a monthly basis commencing on the due date and up to and including the date of payment.
4.4 The Account Holder shall forward all disputes relating to the fees and charges reflected in the official bill statement in writing to PROGRESIF within fourteen (14) days from the date of the said bill. The Account Holder shall otherwise be deemed to construe the fees and charges in the official bill statement as correct and final and shall agree to promptly settle all such fees and such other charges as reflected therein. No further enquiry will be entertained.
4.5 The Account Holder, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Account Holder to PROGRESIF. The Account Holder also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).
5. Suspension and Termination
5.1 The Account Holder may at any time terminate this Agreement by filling in any necessary forms and documentation required by PROGRESIF. Otherwise, this Agreement shall be deemed to terminate upon expiry.
5.2 PROGRESIF shall have the right, in its sole direction and without liability to the Account Holder, at any time and without notice and compensation, to suspend or terminate this Agreement if the Account Holder breaches any of these T&Cs;
5.3 In the event of termination by the Account Holder or PROGRESIF, the Account Holder shall pay for (i) all fees for the agreed duration of the contract period; (ii) any outstanding amount of the mobile handset plan chosen; and (iii) any other accrued and outstanding charges and fees remaining unpaid up until the date of termination.
6. Reservations of Rights by PROGRESIF
6.1 PROGRESIF is entitled to amend, revise, discontinue, alter the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, at any time in its sole discretion. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.
6.2 PROGRESIF reserves the right, at any time and with appropriate notice to the Account Holder, to amend and vary the prescribed rates, fees, charges as approved by Authority for Info-communications Technology Industry of Brunei (AITI). Such amendments and variations may be informed to the Account Holder by way of advertisement or publication in local newspapers, leaflets, website or other form of communication for which the Account Holder shall then be responsible for payment on any such amendments and variations.
6.3 PROGRESIF shall be under no liability whatsoever to the Account Holder in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Account Holder.
6.4 PROGRESIF reserves the right to take any action it deems necessary for the recovery of unpaid charges or fees and any costs for a period of three (3) consecutive bill cycles including, but not limited to, legal costs, third party collection costs, repossession of the mobile handset device under this handset instalment plan, and blocking of IMEI for mobile devices. Any costs incurred in connection therewith shall be borne by the Account Holder.
6.5 Further to Clause 6.4, PROGRESIF has the right to engage in and forward any unsettled bills or charges to its appointed debt collecting agent and/or external legal firms who will then be authorised to collect payment or engage legal proceedings against the Account Holder on PROGRESIF’s behalf.
7. Account Holder’s Representations and Warranties
7.1 The Account Holder represents and warrants to PROGRESIF that the information provided by the Account Holder in the registration form is true and accurate. The Account Holder shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.
7.2 By signing on the registration form, the Account Holder expressly consents to the use and disclosure of any information belonging to the Account Holder to whom such disclosure is deemed necessary for the facilitation of 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.
7.3 Any mobile handsets and components of the mobile handset purchased from PROGRESIF have warranty from the date of purchase. The warranty period shall vary subject to the vendor’s approval. Warranties of mobile handsets are as per the individual mobile handset’s Warranty Terms and Conditions. The Account Holder acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF makes no representations or warranties that the services shall be free of errors, service interruption, and interception, free from malfunction, unauthorized intrusions e.g spamming or access by any known or unknown third parties.
8. Disclaimer
8.1 PROGRESIF shall provide the mobile handset on an “As Is” and “As Available” basis. PROGRESIF and/or its shareholders, directors, officers and permitted assignees shall NOT be held liable or responsible for any unavailability, inaccessibility and interrupted use of any services and security of the data or information transmitted to and from the Account Holder.
8.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access of any services provided.
9. Limitation of Liability
9.1 PROGRESIF shall NOT be made liable for any loss or damage in contract or in tort (whether direct, indirect, incidental or consequential) suffered by the Account Holder, or for loss of business, revenue, or profits of the Account Holder, or any damages, death or injuries sustained by the Account Holder or damage to the Account Holder’s property resulting from the use or inability to use the mobile handset, any malfunctioning of the mobile handset or any act, omission, error or default by PROGRESIF in respect of the mobile handset.
9.2 Without prejudice to the foregoing, the liability of PROGRESIF to the Account Holder in contract and in tort shall not exceed the sum of $300.00 at any given time.
10. Force Majeure
PROGRESIF shall NOT be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of PROGRESIF.
11. Assignment
PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. The Account Holder shall not be entitled to assign any of its rights or obligations under this Agreement.
12. Notices
All correspondences, requests and notices by PROGRESIF to the Account Holder shall be sent via email or other means communicated at that relevant time to the last known email address provided by the Account Holder to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media pages, websites etc.
13. Promotional Package
Any offers and service plans are accurate at the time of printing or online posting and may be subject to changes without prior notice. Handset or other hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.
14. Waiver
Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
15. Prevailing Language
This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.
16. Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.
As the Account Holder to this PROGRESIF Mobile Handset Instalment Plan, I will promptly settle my bills in a timely manner, FAILING which will give the rights for PROGRESIF to:-
i) disable, suspend or terminate the subscription service,
ii) send notice of demand,
iii) make phone calls for queries to the Account Holder,
iv) engage a debt collector and/or external legal counsel to collect payment, any legal cost incurred will be borne by the Account Holder,
v) make an application to the Court for the recovery of your default payments (via legal counsel)
vi) repossess the mobile handset that has been subscribed,
vii) information of Account Holder in default will be shared with the Credit Bureau.
This Acceptable Data Use Policy (“Policy”) is in addition to the Terms and Conditions for Progresif Postpaid, Prepaid and Fixed Broadband services (the “Terms”) and applies to Progresif Postpaid, Prepaid and Fixed Broadband subscribers. This Policy relates to the subscriber’s (hereafter referred to as “customer”, “subscriber” or “you”) use of applicable Progresif plans (if any, or that may be introduced by Progresif from time to time) that have network usage.
1. Use of Service
Progresif services (“Services”) are designed as a shared service, and customers’ activities will impact on others using and sharing the same network. Therefore, this Policy is designed to ensure fairness of usage and experience for all subscribers.
Subscribers shall not use the Services in the following manner:
2. What about security?
Subscribers are responsible for ensuring that:
The security information referred to above includes, but is not limited to, information in relation to controlling access to:
3. What about usage by anyone else without you knowing?
Subscribers are responsible for all the use of the Services through the subscriber’s account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether the subscriber knew or should have known about it, whether or not the subscriber carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. Progresif shall not be responsible for the activities of each subscriber in relation to the Services, including activities when using the network.
It is the subscriber’s responsibility to determine whether any of the content accessed via the Services is appropriate for children or anyone else in your household or office to view or use.
4. What will happen if your usage is very high?
For subscribers with a limited data package with a monthly usage allowance:
For subscribers that are subscribed to plans (if any, or that may be introduced by Progresif from time to time) that have no data limits but has a subscribed usage:
For subscribers that are subscribed to plans (if any, or that may be introduced by Progresif from time to time) that have no data limits:
5. How do we measure your usage?
Progresif will monitor subscribers usage every billing month. If a subscriber does activities that may lead to such high usage, we ask subscribers to do so considerately and take all precautions and rightful actions to ensure your activities are lawful, controlled and minimised so as to not be in breach of this Policy.
6. Breach
If you, or anyone else using the Services via your account, breach this Policy, we reserve the right in our sole discretion and without compensation:
Progresif will determine on a case-by-case basis what action will be taken in response to a violation of this Policy.
Progresif reserves the right to investigate suspected or alleged violations of this Policy.
Please immediately advise or notify Progresif if subscribers become aware of any violation or suspected violation of this Policy.
These are Progresif’s Terms & Conditions for customers who registered for or use our Direct Carrier Billing Service (“the Service”) to charge their purchases in the Progresif Care+ App to their Progresif postpaid bills or prepaid balance.
- 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.
1.2 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.
1.3 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.
- Terminology
“Content” | means the in-app lifestyle vouchers made available for purchase and/or subscription via the Progresif Care+ App.
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“Direct Carrier Billing” | means the process and arrangement by which your purchase of Content is billed to your periodic Progresif bill.
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“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.
3.2 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.
3.3 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.
3.4 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.
3.5 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:
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- 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 postpaid 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.
7.3 Nothing in this Agreement removes or limits Progresif’s liability for death or personal injury caused by our negligence.
- General
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.
Progresif Fibre Broadband Terms and Conditions (Contract)
This fixed broadband service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
- Definitions
1.1 “Agreement” means these T&Cs for this fixed broadband service, the application form, the terms and conditions of services of any chosen bundling set plan and any other documents, which are to be construed to be part of this Agreement. This Agreement forms a contractual obligation and shall be legally binding on the parties.
1.2 “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.
1.3 “Service” means the Fixed Broadband services provided by PROGRESIF including but not limited to voice calls, internet and data accessor any other value-added services added from time to time.
- Duration of Agreement
2.1 This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 10. In the event of suspension or termination of this Agreement, the Subscriber shall be held liable for any accrued or outstanding fees and or/ charges remaining unpaid.
- Responsibility of the Subscriber
3.1 The Subscriber must possess a yellow, purple or green Brunei Darussalam Identification Card (IC) to be considered eligible to enter into this Agreement.
3.2 Where the Subscriber is a foreigner, the Subscriber must show that their Brunei green IC or employment pass on their passport has a minimum validity of eighteen (18) months to be considered eligible to enter into this Agreement.
3.3 Where the Subscriber does not possess a Brunei Darussalam IC, the Subscriber must provide a valid identification card with a three (3) month validity to be considered eligible to enter into this Agreement.
3.4 The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also: –
- 3.4.1 Pay all charges and fees for the Service provided by PROGRESIF, regardless of whether such charges were authorised by the Subscriber, or the Subscriber failing to receive such notification, or the Subscriber’s neglect to enquire as to the nature of the Service subscribed or the outstanding fees of such subscribed Service;
- 3.4.2 Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of Service that may occur from time to time;
- 3.4.3 Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;
- 3.4.4 Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;
- 3.4.5 Use or view the Service as offered by PROGRESIF permitted by the terms of this Agreement and only for the Subscriber’s lawful communications and private usage. The Subscriber shall not exploit the Service commercially by reselling the Service or charge others to use or view the Service;
- 3.4.6 Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;
- 3.4.7 Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;
- 3.4.8 Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;
- 3.4.9 Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;
- 3.4.10 Warrants to PROGRESIF that the Subscriber is not in default of any obligations under any laws and is not the subject of any existing or pending bankruptcy or insolvency proceedings under the laws of Brunei Darussalam;
- 3.4.11 The Subscriber must meet and continue to meet all other eligibility requirements as may be determined by PROGRESIF from time to time.
3.5 The Subscriber, as contrary to the intended use, shall NOT;
- 3.5.1 Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network;
- 3.5.2 Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service
- 3.5.3 Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;
- 3.5.4 Use the service/promotion for broadcasting to any party;
- 3.5.5 Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;
- 3.5.6 Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;
- 3.5.7 Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;
- 3.5.8 Use the service/promotion for telemarketing.
3.6 The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Services.
- Contract Period
4.1 The Subscriber shall be bound by a twelve (12) month, eighteen (18) month or twenty-four (24) month term contract (referred to as the “Contract Period”) with PROGRESIF effective from the date of registration
- 4.1.1 In the event of termination within the Contract Period, the Subscriber shall be responsible to pay PROGRESIF the remaining monthly rental fees for the remaining duration of the Contract Period and any other outstanding fees and charges related to the subscription.
4.2 The Subscriber shall continue to receive the Services beyond the Contract Period, however the Subscriber shall not be bound by clause 4.1.1, for the termination of the contract beyond the Contract Period.
4.3 The Subscriber shall continue to be liable for the monthly rental fee beyond the Contract Period.
- Migration of Broadband Plan
5.1 In the event that the Subscriber changes their fixed broadband plan, the Subscriber shall not carry over any remaining data onto their new fixed broadband plan.
5.2 If the Subscriber wishes to upgrade their fixed broadband plan, any processing fees will be waived. The contract shall revert as the first month of an 18-month contract. Additionally, the Subscriber will need to pay any outstanding bills.
5.3 If the Subscriber wishes to downgrade his Broadband plan, a penalty fee of BND100.00 will apply. In addition to the said penalty fee, the Subscriber will also need to pay for any outstanding bills. The contract shall then revert as the first month of an 18-month contract.
- Installation
6.1 Following application for the Service, PROGRESIF will determine the availability of the Service to the Subscriber. If available, the Subscriber will be contacted by PROGRESIF for the arrangement of installation of the equipment by UNN at the Premises
6.2 If the Subscriber’s premises is unable to meet the minimum requirements for the installation of the Service, such that in order to obtain the Broadband Service, non-standard installation (including but not limited to internal wiring and cabling works) is required to be made, the Subscriber acknowledges and agrees that any additional cost of equipment and required accessories for the provisioning and installation of the Service is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF.
- Relocation
7.1 For an application for the relocation of the Services, the Subscriber acknowledges that any relocation is subject to: –
- 7.1.1 Availability of such Service at the Subscriber’s new premises; and
- 7.1.2 Payment by the Subscriber of a relocation fee (at prevailing rates) and any applicable fees and charges in relation to the relocation of Services is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF;
- 7.1.3 PROGRESIF will not be liable for any direct or indirect losses or damages arising from service disruption during the relocation process;
- 7.1.4 PROGRESIF may at its sole discretion cancel an application for relocation if it determines that it is unable to provide the Service at the Subscriber’s new premises due to reasons beyond the control of either party. In the event of cancellation of application by PROGRESIF, the relevant fees will be refunded. In the event of cancellation of application by the Subscriber, the relevant fees will not be refunded.
- Fees and Charges, Deposit, Payment Terms
8.1 The Subscriber can sign-up to a maximum of five (5) fixed broadband services under one account. Such broadband services can be either on contract, non-contract or both.
8.2 The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
8.3 The Subscriber, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF may, in its discretion, determine and vary the sum of the deposit and reserves the right to utilise or deduct the sum of the deposit for any outstanding amount due from the Subscriber to PROGRESIF.
8.4 The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit Term”) for corporate entities from the receipt of the official bill statement.
8.5 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days
8.6 In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.
8.7 The late payment fee shall be added to the Subscriber’s official bill statement in the following month.
8.8 The Subscriber shall forward all disputes relating to the fees and charges reflected in the official bill statement in writing within fourteen (14) days from the date of the said bill. The Subscriber shall otherwise be deemed to construe the fees and charges in the official bill statement as correct and final and shall agree to promptly settle all such fees and such other charges as reflected therein. No further enquiry will be entertained.
8.9 The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).
- Billing
9.1 PROGRESIF shall make reasonable efforts to ensure that billing of Subscribers is timely, accurate and that all charges are made in the correct billing cycle.
9.2 PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.
9.3 PROGRESIF will notify the Subscriber via the e-mail address provided by the Subscriber to PROGRESIF at the time of registration and applying for the Services that bills are available to view online/electronically. The Subscriber agrees to continually maintain the e-mail address as this will be the only means by which PROGRESIF will inform the Subscriber that a bill is available to view.
9.4 Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills, some charges may from time to time be missed and not billed during the appropriate billing cycle due to errors, oversight, systems fault or malfunction, or as a consequence of delays in receiving charges from third party providers. PROGRESIF may then back bill the Subscriber for charges for periods prior to the current billing cycle.
- Suspension and Termination
10.1 Subscriber may at any time suspend or terminate this Agreement by filling in any necessary form and documentations required by PROGRESIF. Otherwise, Subscriber shall be deemed to terminate this Agreement upon expiry.
10.2 Accounts may only be temporarily suspended for a maximum period of twelve (12) months provided that subscribers must settle any outstanding bills prior to the suspension and subject to the temporary suspension fees stated in Clause 10.4…
10.3 Each broadband line may only be temporarily suspended maximum twice a year. The Subscriber may temporarily suspend a maximum of two (2) broadband lines in their account during the year.
10.4 For each suspended line, the Subscriber will be charged the following fees for each suspended line:
Period of Temporary Suspension | Fees |
1-3 months | $50.00 in total |
For every month after 3 months | $5.00 per month |
10.5 Where subscribers’ broadband plan is tied to a handset or device contract plan, subscribers must pay off any outstanding balance of their monthly bill and existing handset/device instalment plan before they are allowed to temporarily suspend services.
10.6 PROGRESIF shall have the right, in its sole discretion and without liability to the Subscriber, at any time and without compensation, to suspend or terminate the Service and this Agreement under the following conditions:
- 10.6.1 If any technical failure occurs in the Service;
- 10.6.2 While the Service is being upgraded, modified or maintained;
- 10.6.3 If the Subscriber breaches any clause in these T&Cs;
- 10.6.4 If the Subscriber fails to make payment of billed charges within the stipulated credit terms.
- 10.6.5 If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
- 10.6.6 If it is in PROGRESIF’s opinion that the Service is or may be used fraudulently or for unlawful purpose. Fraudulent use includes but not limited to resupplying the service or giving access without PROGRESIF’s consent to a third party.
- all fees for the agreed duration of the Contract Period;
- any outstanding amount of the Fixed Broadband plan chosen; and
- any other accrued and outstanding charges and fees remaining unpaid up until the date of termination
10.8 In the event of suspension, the Subscriber shall continue to be liable for the accrued and outstanding charges and fees. PROGRESIF in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.
10.9 PROGRESIF has the right to engage in and forward any unsettled bills or charges to its appointed debt collecting agent and/or external legal firms who will then be authorised to collect payment or engage legal proceedings against the Subscriber on PROGRESIF’s behalf. Any legal or agency costs incurred as a result will be borne solely by the Subscriber.
- Reservations of Rights by PROGRESIF
11.1 PROGRESIF is entitled to amend, revise, discontinue, alter the Service, the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, discontinue or substitute the Service, at any time in its sole discretion. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.
11.2 PROGRESIF reserves the right, at any time and without notice to the Subscriber to:
- add, delete or make changes to the Service;
- add or substitute alternative service;
- terminate or discontinue any services provided. Continued usage of the Service pursuant to any of the above-mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.
11.3 PROGRESIF reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary the prescribed rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (AITI). Such amendments and variations may be informed to the Subscriber by way of advertisement or publication in local newspapers, leaflets, website or other form of communication for which the Subscriber shall then be responsible for payment on any such amendments and variations.
11.4 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets
11.5 PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Subscriber.
- Subscribers Obligation in relation to Content
The Subscriber shall not use any content received as part of the Services and is provided for the Subscriber’s own personal use for the purpose of copying, reproducing, distributing or creating derivative works without prior written authorisation from the relevant copyright owners. Any use of contents shall be subject to the respective copyright owners’ own terms of use and policies.
- Subscriber’s Representations and Warranties
13.1 The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.
13.2 By signing on the registration form, the Subscriber expressly consents to the use and disclosure of any information belonging to the Subscriber to whom such disclosure is deemed necessary for the facilitation of 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.
13.3 The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF makes no representations or warranties that the Service shall be free of errors, service interruption, and interception, free from malfunction, unauthorized intrusions e.g spamming or access by any known or unknown third parties.
- Disclaimer
14.1 PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF and/or its shareholders, directors, officers and permitted assignees shall not be held liable or responsible for any unavailability, inaccessibility and interrupted use of the Service and security of the data or information transmitted to and from the Subscriber via the Service. PROGRESIF shall not be held responsible or liable for interruptions to the Service including but not limited to: failure or downtime in: power, base stations, satellite or satellite transmissions, service equipment, signal processing, uplink equipment and such other interruptions of a technical nature.
14.2 PROGRESIF makes no representation or warranties, express or implied with
respect to the use/access, inability to use/access any of the services provided.
- Limitation of Liability
15.1 PROGRESIF shall not be made liable for any loss or damage in contract or in tort (whether direct, indirect, incidental or consequential) suffered by the Subscriber, or for loss of business, revenue, or profits of the Subscriber, or any damages, death or injuries sustained by the Subscriber or damage to the Subscriber’s property resulting from the use or inability to use the Service, any malfunctioning of the Service or any act, omission, error or default by PROGRESIF in respect of the Service.
15.2 PROGRESIF shall not be liable to the Subscriber for any claims or for any additional costs incurred by the Subscriber in obtaining substitute services, nor shall PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of the Subscriber’s use of the Service.
15.3 Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.
15.4 Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.
- Force Majeure
PROGRESIF shall not be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of PROGRESIF.
- Assignment
PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. Subscriber shall not be entitled to assign any of its rights or obligations under this Agreement.
- Notices
All correspondences, requests and notices by PROGRESIF to the Subscriber shall be sent via post or other means communicated at that relevant time to the last known address provided by Subscriber to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media pages, websites etc.
- Promotional Package
Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.
- Waiver
Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
- Prevailing Language
This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.
- Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.
This fixed broadband service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
- Definitions
1.1 “Agreement” means these T&Cs for this fixed broadband service, the application form, the terms and conditions of services of any chosen bundling set plan and any other documents, which are to be construed to be part of this Agreement. This Agreement forms a contractual obligation and shall be legally binding on the parties.
1.2 “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.
1.3 “Service” means the Fixed Broadband services provided by PROGRESIF including but not limited to voice calls, internet and data accessor any other value-added services added from time to time.
- Duration of Agreement
2.1 This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 10. In the event of suspension or termination of this Agreement, the Subscriber shall be held liable for any accrued or outstanding fees and or/ charges remaining unpaid.
- Responsibility of the Subscriber
3.1 The Subscriber must possess a yellow, purple or green Brunei Darussalam identification card (IC) to be considered eligible to enter into this Agreement. Subscribers without a yellow, purple or green Brunei Darussalam identification card shall provide a three (3) months valid identification card or a valid passport with an employment pass. The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also: –
3.1.1 Pay all charges and fees for the Service provided by PROGRESIF, regardless of whether such charges were authorised by the Subscriber, or the Subscriber failing to receive such notification, or the Subscriber’s neglect to enquire as to the nature of the Service subscribed or the outstanding fees of such subscribed Service;
3.1.2 Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of Service that may occur from time to time;
3.1.3 Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;
3.1.4 Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;
3.1.5 Use or view the Service as offered by PROGRESIF permitted by the terms of this Agreement and only for the Subscriber’s lawful communications and private usage. The Subscriber shall not exploit the Service commercially by reselling the Service or charge others to use or view the Service;
3.1.6 Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;
3.1.7 Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;
3.1.8 Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;
3.1.9 Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;
3.1.10 Warrants to PROGRESIF that the Subscriber is not in default of any obligations under any laws and is not the subject of any existing or pending bankruptcy or insolvency proceedings under the laws of Brunei Darussalam;
3.1.11 The Subscriber must meet and continue to meet all other eligibility requirements as may be determined by PROGRESIF from time to time.
3.2 The Subscriber, as contrary to the intended use, shall NOT;
3.2.1 Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network;
3.2.2 Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;
3.2.3 Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;
3.2.4 Use the service/promotion for broadcasting to any party;
3.2.5 Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;
3.2.6 Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;
3.2.7 Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;
3.2.8 Use the service/promotion for telemarketing.
3.3 The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Services.
- Ownership of Equipment
Any and all equipment shall remain under the ownership of Unified National Networks Sdn Bhd (UNN). If the Service is terminated, all equipment shall be returned to UNN via PROGRESIF upon the dismantling of such equipment.
- Installation
5.1 Following application for the Service, PROGRESIF will determine the availability of the Service to the Subscriber. If available, the Subscriber will be contacted by PROGRESIF for the arrangement of installation of the equipment by UNN at the Premises.
5.2 If the Subscriber’s premises is unable to meet the minimum requirements for the installation of the Service, such that in order to obtain the Broadband Service, non-standard installation (including but not limited to internal wiring and cabling works) is required to be made, the Subscriber acknowledges and agrees that any additional cost of equipment and required accessories for the provisioning and installation of the Service is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF.
- Migration of Broadband Plan
6.1 In the event that the Subscriber changes their fixed broadband plan, the Subscriber shall not carry over any remaining data onto their new fixed broadband plan.
6.2 If the Subscriber wishes to upgrade their fixed broadband plan, any processing fees will be waived. The contract shall revert as the first month of an 18-month contract. Additionally, customer will need to pay any outstanding bills.
- Relocation
7.1 For an application for the relocation of the Services, the Subscriber acknowledges that any relocation is subject to: –
7.1.1 Availability of such Service at the Subscriber’s new premises; and
7.1.2 Payment by the Subscriber of a relocation fee (at prevailing rates) and any applicable fees and charges in relation to the relocation of Services is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF;
7.1.3 PROGRESIF will not be liable for any direct or indirect losses or damages arising from service disruption during the relocation process;
7.1.4 PROGRESIF may at its sole discretion cancel an application for relocation if it determines that it is unable to provide the Service at the Subscriber’s new premises due to reasons beyond the control of either party. In the event of cancellation of application by PROGRESIF, the relevant fees will be refunded. In the event of cancellation of application by the Subscriber, the relevant fees will not be refunded.
- Fees and Charges, Deposit, Payment Terms
8.1 The Subscriber can sign-up to a maximum of five (5) fixed broadband services under one account. Such broadband services can be either on contract, non-contract or both.
8.2 The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
8.3 The Subscriber, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF may, in its discretion, determine and vary the sum of the deposit and reserves the right to utilise or deduct the sum of the deposit for any outstanding amount due from the Subscriber to PROGRESIF.
8.4 The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit Term”) for corporate entities from the receipt of the official bill statement.
8.5 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.
8.6 In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.
8.7 The late payment fee shall be added to the Subscriber’s official bill statement in the following month.
8.8 The Subscriber shall forward all disputes relating to the fees and charges reflected in the official bill statement in writing within fourteen (14) days from the date of the said bill. The Subscriber shall otherwise be deemed to construe the fees and charges in the official bill statement as correct and final and shall agree to promptly settle all such fees and such other charges as reflected therein. No further enquiry will be entertained.
8.9 The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).
- Billing
9.1 PROGRESIF shall make reasonable efforts to ensure that billing of Subscribers is timely, accurate and that all charges are made in the correct billing cycle.
9.2 PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.
9.3 PROGRESIF will notify the Subscriber via the e-mail address provided by the Subscriber to PROGRESIF at the time of registration and applying for the Services that bills are available to view online/electronically. The Subscriber agrees to continually maintain the e-mail address as this will be the only means by which PROGRESIF will inform the Subscriber that a bill is available to view.
9.4 Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills, some charges may from time to time be missed and not billed during the appropriate billing cycle due to errors, oversight, systems fault or malfunction, or as a consequence of delays in receiving charges from third party providers. PROGRESIF may then back bill the Subscriber for charges for periods prior to the current billing cycle.
- Suspension and Termination
10.1 Subscriber may at any time suspend or terminate this Agreement by filling in any necessary form and documentations required by PROGRESIF. Otherwise, Subscriber shall be deemed to terminate this Agreement upon expiry.
10.2 Accounts may only be temporarily suspended for a maximum period of twelve (12) months provided that subscribers must settle any outstanding bills prior to the suspension and subject to the temporary suspension fees stated in Clause 10.4..
10.3 Each broadband line may only be temporarily suspended maximum twice a year. The Subscriber may temporarily suspend a maximum of two (2) broadband lines in their account during the year.
10.4 For each suspended line, the Subscriber will be charged the following fees for each suspended line:
Period of Temporary Suspension | Fees |
1-3 months | $50.00 in total |
For every month after 3 months | $5.00 per month |
10.5 Where subscribers’ broadband plan is tied to a handset or device contract plan, subscribers must pay off any outstanding balance of their monthly bill and existing handset/device instalment plan before they are allowed to temporarily suspend services.
10.6 PROGRESIF shall have the right, in its sole discretion and without liability to the Subscriber, at any time and without compensation, to suspend or terminate the Service and this Agreement under the following conditions:
10.6.1 If any technical failure occurs in the Service;
10.6.2 While the Service is being upgraded, modified or maintained;
10.6.3 If the Subscriber breaches any clause in these T&Cs;
10.6.4 If the Subscriber fails to make payment of billed charges within the stipulated credit terms.
10.6.5 If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
10.6.6 If it is in PROGRESIF’s opinion that the Service is or may be used fraudulently or for unlawful purpose. Fraudulent use includes but not limited to resupplying the service or giving access without PROGRESIF’s consent to a third party.
10.7 In the event of termination relating to clause 10.6.3, 10.6.4, 10.6.5 and 10.6.6, the Subscriber shall pay for:
(i) any outstanding amount of the Fixed Broadband plan chosen; and
(ii) any other accrued and outstanding charges and fees remaining unpaid up until the date of termination
10.6 In the event of suspension, the Subscriber shall continue to be liable for the accrued and outstanding charges and fees. PROGRESIF in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.
10.7 PROGRESIF has the right to engage in and forward any unsettled bills or charges to its appointed debt collecting agent and/or external legal firms who will then be authorised to collect payment or engage legal proceedings against the Subscriber on PROGRESIF’s behalf. Any legal or agency costs incurred as a result will be borne solely by the Subscriber.
- Reservations of Rights by PROGRESIF
11.1 PROGRESIF is entitled to amend, revise, discontinue, alter the Service, the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, discontinue or substitute the Service, at any time in its sole discretion. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.
11.2 PROGRESIF reserves the right, at any time and without notice to the Subscriber to:
(1) add, delete or make changes to the Service;
(2) add or substitute alternative service;
(3) terminate or discontinue any services provided. Continued usage of the Service pursuant to any of the above-mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.
11.3 PROGRESIF reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary the prescribed rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (AITI). Such amendments and variations may be informed to the Subscriber by way of advertisement or publication in local newspapers, leaflets, website or other form of communication for which the Subscriber shall then be responsible for payment on any such amendments and variations.
11.4 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.
11.5 PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Subscriber.
- Subscribers Obligation in relation to Content
The Subscriber shall not use any content received as part of the Services and is provided for the Subscriber’s own personal use for the purpose of copying, reproducing, distributing or creating derivative works without prior written authorisation from the relevant copyright owners. Any use of contents shall be subject to the respective copyright owners’ own terms of use and policies.
- Subscriber’s Representations and Warranties
13.1 The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.
13.2 By signing on the registration form, the Subscriber expressly consents to the use and disclosure of any information belonging to the Subscriber to whom such disclosure is deemed necessary for the facilitation of 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.
13.3 The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF makes no representations or warranties that the Service shall be free of errors, service interruption, and interception, free from malfunction, unauthorized intrusions e.g spamming or access by any known or unknown third parties.
- Disclaimer
14.1 PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF and/or its shareholders, directors, officers and permitted assignees shall not be held liable or responsible for any unavailability, inaccessibility and interrupted use of the Service and security of the data or information transmitted to and from the Subscriber via the Service. PROGRESIF shall not be held responsible or liable for interruptions to the Service including but not limited to: failure or downtime in: power, base stations, satellite or satellite transmissions, service equipment, signal processing, uplink equipment and such other interruptions of a technical nature.
14.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.
- Limitation of Liability
15.1 PROGRESIF shall not be made liable for any loss or damage in contract or in tort (whether direct, indirect, incidental or consequential) suffered by the Subscriber, or for loss of business, revenue, or profits of the Subscriber, or any damages, death or injuries sustained by the Subscriber or damage to the Subscriber’s property resulting from the use or inability to use the Service, any malfunctioning of the Service or any act, omission, error or default by PROGRESIF in respect of the Service.
15.2 PROGRESIF shall not be liable to the Subscriber for any claims or for any additional costs incurred by the Subscriber in obtaining substitute services, nor shall PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of the Subscriber’s use of the Service.
15.3 Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.
15.4 Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.
- Force Majeure
PROGRESIF shall not be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of PROGRESIF.
- Assignment
PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. Subscriber shall not be entitled to assign any of its rights or obligations under this Agreement.
- Notices
All correspondences, requests and notices by PROGRESIF to the Subscriber shall be sent via post or other means communicated at that relevant time to the last known address provided by Subscriber to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media pages, websites etc.
- Promotional Package
Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.
- Waiver
Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
- Prevailing Language
This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.
- Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.
INTERNATIONAL ROAMING CHARGES
- GENERAL
1.1 International Roaming service (“IR”) may be available for your Prepaid and Postpaid plan and is supplied according to the relevant terms and conditions applicable to your relevant Prepaid or Postpaid plan. You must comply with those terms and conditions and these additional terms and conditions (“these Terms”).
1.2 You may apply for IR by following the steps listed at: https://progresif.com/postpaidmobileroaming
1.3 We reserve the rights to determine whether IR will be offered to you.
1.4 We reserve the rights to modify or otherwise change these Terms including the charges without notice to you. This overrides any requirement where we may have to give you notice in other parts of our agreement with you.
- CHARGES
2.1 The IR charges displayed in the link below (“Charges”) are applicable for all Postpaid and Prepaid plans and for calls to standard numbers only (i.e., for voice/video calls and SMS services):
https://progresif.com/rates/#roaming
2.2 Postpaid Charging: The Charges are provided by the foreign network operator you connect to while on roaming. The Charges may not be reflected in your next bill and may appear in your subsequent bill-cycles. As the Charges are not reflected on a real-time basis, your Personal Balance Limit (“PBL”) may not automatically apply when you use IR. You must still pay the Charges incurred, even if you exceed your PBL while using IR.
2.4 Prepaid Charging: The Charges applicable will be deducted on a real-time basis from your Prepaid account. If you have bundled minutes, data quota or any freebies from your domestic plan, you will not be entitled to utilize them while on roaming.
2.5 By applying for IR and being granted IR by Progresif, you hereby agree to bear any and all Charges incurred regardless of whether such Charges were knowingly or unknowingly authorized by you.
- SERVICE AVAILABILITY
3.1 The mobile internet roaming service is subject to the preferred roaming operator’s network availability.
3.2 Some of our services may not be available on all foreign networks. For example, Progresif Roaming is available only if you connect with certain preferred partner networks.
3.3 We make no warranty or representation that your Device will be able to utilize the IR.
- GENERAL
4.1 If any of the terms contained in these Terms & Conditions are held to be invalid or unenforceable in whole or in part, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.
4.2 Failure by either party to exercise or enforce any right conferred by these Terms & Conditions 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 & Conditions.
4.3 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.
4.4 You may not transfer or assign any of your rights and responsibilities under these Terms & Conditions.
4.5 These Terms & Conditions shall be subject to and construed in accordance with the laws of Brunei Darussalam and you hereby submit to the exclusive jurisdiction of the courts of Brunei Darussalam.
Online Sales Service Terms & Conditions
These are Progresif’s Terms and Conditions for customers who access the online store and/or any product, services, or content therein. Your use of this service constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
- Definitions
- 1.1. “Agreement” means the T&C for the delivery of the product(s), any online sales service order form and any other documents, which are to be construed to be part of this Agreement. This Agreement forms a contractual obligation and shall be legally binding on the parties.
- 1.2. “Online Sales Service” means the online sales service provided by Progresif on Progresif’s website or any other platform.
- 1.3. All other definitions, except for those listed above, are the same definitions found in the relevant terms and conditions of the product(s) being purchased by the Customer.
- Pricing
The Customer shall be liable to pay all the fees, charges and other such payments incurred by the customer and any supplementary line holders. All charges would be in Brunei Dollars.
- Deposit and Orders
- 3.1. By placing an order through the Progresif website, the Customer agrees to provide accurate, current and complete information. The Customer is solely responsible for the accuracy of the information provided during the ordering process.
- 3.2. Some orders may require a deposit payment (“Deposit”) to secure the order. The amount of Deposit is fixed at BND50.00.
- 3.3. Customers may place a booking or reservation for a product without making a Deposit. However, the maximum period for such a booking or reservation is three (3) business days from the date of order placement. If the purchase is not completed within this timeframe, these Customers will be contacted and reminded to make the Deposit payment. If the Customer refuses to make the Deposit payment or is uncontactable within two (2) business days of the reminder, the booking will be released, and the product will be made available for purchase.
- 3.4. Customers who choose to make a Deposit will need to pay the remaining balance of the total purchase price (“Balance”) within fourteen (14) business days of the Deposit payment. Failure to make the Balance payment within this timeframe may result in the cancellation of the Customer’s order and the Deposit may be forfeited.
- 3.5. Progresif will provide the necessary details on how to make the Deposit payment upon confirmation of the order.
- 3.6. After placing an order and successfully making the required Deposit (if applicable), the Customer will receive an order confirmation via email. The order confirmation does not constitute Progresif’s acceptance of your order; it serves as a receipt of the Customer’s order details.
- 3.7. The Customer’s order is subject to acceptance by Progresif. Progresif reserves the right to accept or decline the Customer’s order for any reason. The Deposit will be deducted from the total purchase price once the order has been successfully accepted.
- 3.8. If the Customer cancels their order after the order has been accepted by Progresif, the Deposit will be fully forfeited.
- Payments
- 4.1. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the Customer, the Customer agrees, understands, and confirms that their information relating to credit cards transmitted over the Internet may be susceptible to misuse, hacking, theft and/or fraud and that Progresif shall have no liability over such actions.
- 4.2. The Customer agrees that the debit card or credit card details provided for use of the online sales service must be correct and accurate, and that the Customer shall not use a credit card, that is not lawfully owned by them or the use of which is not authorized by the lawful owner thereof. The Customer further agrees and undertakes to provide correct and valid credit card details.
- 4.3. The Customer may make payment to Progresif by using a debit card or credit card. The Customer warrants, agrees and confirms that when they initiate a payment transaction and issues an online payment instruction and provides their bank details:
- 4.3.1. The Customer is authorizing debit of the nominated card/ bank account for the payment of fees selected by such Customer along with the applicable Fees.
- 4.3.2. The Customer is responsible to ensure sufficient credit is available on the nominated card/bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the Customer inclusive of the applicable Fee.
- Delivery
- 5.1. Progresif shall endeavor to deliver the product(s) to the Customer within the next three (3) business days of receiving the complete payment for the product(s) (excluding fixed broadband services).
- 5.2. Progresif shall deliver the product(s) to the Customer and Progresif shall ask for legal and valid identification to validate the identity of the Customer.
- 5.3. The Customer shall sign the relevant product(s) terms and conditions and warranty forms (if applicable) upon delivery of the product(s).
- 5.4. In the event of the Customer being unavailable, the product(s) will be sent to the nearest Progresif retail store for collection by the Customer.
- 5.5. Progresif shall not be responsible for any unforeseeable disruptions, delays in delivery and any situation which will hinder the performance of the Online Sales Service.
- 5.6. Deliveries can only be made on Mondays to Saturdays to the Brunei-Muara, Tutong, Belait and Temburong districts.
- 5.7. The delivery of port-in mobile services, and fixed line services, and new fixed line installation shall be dependent on UNN Installation Period.
- Cancellation & Refund Policy
- 6.1. The Customer acknowledges there shall be no cancellations or refunds for any product subject to Clause 6.3. However, the Customer are allowed to exchange only (excluding fixed broadband services) in the event that the product received is not of stable, working condition.
- 6.2. Upon the submission of the online order form and payment by the Customer, the purchase shall be considered as final. No cancellations, including any proposal of refunds, shall be accepted by Progresif once the online order form has been submitted by the Customer.
- 6.3. In the event that the Customer does not receive their products within thirty (30) days after purchase, the Customer is entitled to a full refund provided the Customer notifies to Progresif.
- Inspection of Goods
- 7.1. Upon receipt of the product(s), the Customer shall examine them for defects without undue delay.
- 7.2. Written notification of any obvious defects shall be given without undue delay, but not later than within 14 days of receipt of the product(s). Such notification of defects must be in writing and shall precisely specify the type and extent of the defect. If Progresif agrees there is a defect, Progresif shall replace the product within three (3) amount of days.
- 7.3. The Customer shall provide written notice to Progresif by contacting online@progresif.com
- Confidentiality
Progresif agrees that such knowledge or information provided by the Customer shall not be published, disclosed or divulged by Progresif or any of their employees, officers or agents to any other parties without first having properly obtained the written permission of the Customer.
- Indemnity
The Customer shall indemnify Progresif from any personal injury or death caused by the act, negligence or omission of its employees in connection with the performance of its duties and obligations under this Agreement or by defects in the product(s) delivered pursuant to this Agreement.
- Customer’s Representations and Warranties
- 10.1. The Customer represents and warrants to Progresif that the information provided by the Customer in the registration form is true and accurate. The Customer shall immediately notify Progresif of any changes in the information as required in this Agreement.
- 10.2. By submitting the online order form, the Customer expressly consents to the use and disclosure of any information belonging to the Customer to whom such disclosure is deemed necessary for the facilitation of the Online Sales 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.
- Force Majeure
Progresif shall NOT be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, any natural disasters, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of Progresif.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Brunei Darussalam.
Last updated: 28th August 2023
This mobile postpaid service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
1. Definitions
1.1 “Agreement” means these T&Cs for this mobile Postpaid service, the application form, the terms and conditions of services of any chosen bundling set plan and any other documents, which are to be construed to be part of this Agreement. This Agreement forms a contractual obligation and shall be legally binding on the parties.
1.2 “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.
1.3 “Service” means the mobile communication services provided by PROGRESIF including but not limited to voice and video calls, text messaging, picture messaging, voice mail and video mail, internet and data accessor any other value-added services added from time to time.
1.4 “Mobile Subscription Account” means the usage account for the services that have been subscribed by the individual/company as per the agreement.
2. Duration of Agreement
2.1 This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 7. In the event of suspension or termination of this Agreement, the Subscriber shall be held liable for any accrued or outstanding fees and or/ charges remaining unpaid.
2.2 The Subscriber must settle in full or put into place a formal payment arrangement to settle in full any outstanding amounts due for all mobile lines registered to their Mobile Subscription Accounts before they can sign up for any additional handset installment plan or postpaid services.
3. Responsibility of the Subscriber
3.1 The Subscriber must possess a yellow, purple or green Brunei Darussalam identification card (IC) to be considered eligible to enter into this Agreement. Subscribers without a yellow, purple or green Brunei Darussalam identification card shall provide a three (3) months valid identification card or a valid passport with an employment pass. For a multiple lines plan (eg. Family Plan), the Subscriber can use the Subscriber’s IC to open such a plan and be designated as the principal account holder. The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also: –
3.1.1 Pay all charges and fees for the Service provided by PROGRESIF, regardless of whether such charges were authorised by the Subscriber, or the Subscriber failing to receive such notification, or the Subscriber’s neglect to enquire as to the nature of the Service subscribed or the outstanding fees of such subscribed Service.
3.1.2 Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of Service that may occur from time to time;
3.1.3 Ensure that the SIM card shall only be used on a device or equipment compatible with the Service provided and the network, and that the SIM card is not modified, altered or tampered with;
3.1.4 Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;
3.1.5 Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;
3.1.6 Use or view the Service as offered by PROGRESIF permitted by the terms of this Agreement and only for the Subscriber’s lawful communications and private usage. The Subscriber shall not exploit the Service commercially by reselling the Service or charge others to use or view the Service;
3.1.7 Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;
3.1.8 Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;
3.1.9 Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;
3.1.10 Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;
3.1.11 Warrants to PROGRESIF that the Subscriber is not in default of any obligations under any laws and is not the subject of any existing or pending bankruptcy or insolvency proceedings under the laws of Brunei Darussalam.
3.2 The Subscriber, as contrary to the intended use, shall NOT;
3.2.1 Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network, such as the use of SIM boxing;
3.2.2 Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;
3.2.3 Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;
3.2.4 Use the service/promotion for broadcasting to any party;
3.2.5 Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;
3.2.6 Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;
3.2.7 Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;
3.2.8 Use the service/promotion for telemarketing.
3.3 The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Services.
4. Migration of Postpaid Mobile Plan
4.1 In the event that the Subscriber changes their postpaid mobile plan, the Subscriber shall not carry over any remaining data onto their new postpaid mobile plan.
4.2 If the Subscriber wishes to upgrade their postpaid mobile plan, any processing fees will be waived.
4.3 If the Subscriber wishes to downgrade their postpaid mobile plan, the Subscriber shall be charged a $10 administration fee.
5. Fees and Charges, Deposit, Payment Terms
5.1 The Subscriber can sign-up to a maximum of five (5) postpaid mobile services under one account. Such postpaid mobile services can be either on contract, non-contract or both.
5.2 The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
5.3 The Subscriber, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF may, in its discretion, determine and vary the sum of the deposit and reserves the right to utilise or deduct the sum of the deposit for any outstanding amount due from the Subscriber to PROGRESIF.
5.4 The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit Term”) for corporate entities from the receipt of the official bill statement.
5.5 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.
5.6 In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.
5.7 The late payment fee shall be added to the Subscriber’s official bill statement in the next following month.
5.8 For a multiple lines plan (eg. Family Plan):
5.8.1 The Subscriber shall be eligible to set up multiple supplementary line holders as per the limits specified for the applicable plan;
5.8.2 The Subscriber as the principal account holder shall be liable to pay for all the fees, charges and other such payments incurred by the Subscriber and any of the Subscriber’s supplementary line holders;
5.8.3 A change of numbers to a supplementary line will be chargeable at BND 5.00 per charge after three changes are made in a calendar year;
5.8.4 PROGRESIF may impose a charge, in its sole discretion, for the termination of supplementary lines;
5.8.5 Should the Subscriber terminate his subscription, the Subscriber shall appoint a supplementary line holder to be the new principal account holder of the plan.
5.9 The Subscriber shall forward all disputes relating to the fees and charges reflected in the official bill statement in writing within fourteen (14) days from the date of the said bill. The Subscriber shall otherwise be deemed to construe the fees and charges in the official bill statement as correct and final and shall agree to promptly settle all such fees and such other charges as reflected therein. No further enquiry will be entertained.
5.10 The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).
6. Billing
6.1 PROGRESIF shall make reasonable efforts to ensure that billing of customers is timely, accurate and that all charges are made in the correct billing cycle.
6.2 PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.
6.3 PROGRESIF will notify the Subscriber via the e-mail address provided by the Subscriber to PROGRESIF at the time of registration and applying for the Handset and Services that bills are available to view online/electronically. The Subscriber agrees to continually maintain the e-mail address as this will be the only means by which PROGRESIF will inform the Subscriber that a bill is available to view.
6.4 Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills, some charges may from time to time be missed and not billed during the appropriate billing cycle due to errors, oversight, systems fault or malfunction, or as a consequence of delays in receiving charges from third party providers. PROGRESIF may then back bill the Subscriber for charges for periods prior to the current billing cycle.
7. Reservations of Rights by PROGRESIF
7.1 PROGRESIF is entitled to amend, revise, discontinue, alter the Service, the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, discontinue or substitute the Service, at any time in its sole discretion. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.
7.2 PROGRESIF reserves the right, at any time and without notice to the Subscriber to: (1) add, delete or make changes to the Service; (2) add or substitute alternative service; (3) terminate or discontinue any services provided. Continued usage of the Service pursuant to any of the above-mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.
7.3 PROGRESIF reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary any rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (AITI) or otherwise. Such amendments and variations may be informed to the Subscriber by way of advertisement or publication in local newspapers, leaflets, website or other form of communication for which the Subscriber shall then be responsible for payment on any such amendments and variations.
7.4 PROGRESIF reserves the right to charge for international calls and international roaming rates. Subscribers who are roaming are advised to take caution of the applicable roaming charges.
7.5 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.
7.6 PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Subscriber.
8. Subscribers Obligation in relation to Content
The Subscriber shall not use any content received as part of the Services and is provided for the Subscriber’s own personal use for the purpose of copying, reproducing, distributing or creating derivative works without prior written authorisation from the relevant copyright owners. Any use of contents shall be subject to the respective copyright owners’ own terms of use and policies.
9. Subscriber’s Representations and Warranties
9.1 The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.
9.2 By signing on the registration form, the Subscriber expressly consents to the use and disclosure of any information belonging to the Subscriber to whom such disclosure is deemed necessary for the facilitation of 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.
9.3 The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF makes no representations or warranties that the Service shall be free of errors, service interruption, and interception, free from malfunction, unauthorized intrusions e.g spamming or access by any known or unknown third parties.
10. Disclaimer
10.1 PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF and/or its shareholders, directors, officers and permitted assignees shall not be held liable or responsible for any unavailability, inaccessibility and interrupted use of the Service and security of the data or information transmitted to and from the Subscriber via the Service. PROGRESIF shall not be held responsible or liable for interruptions to the Service including but not limited to: failure or downtime in: power, base stations, satellite or satellite transmissions, service equipment, signal processing, uplink equipment and such other interruptions of a technical nature.
10.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.
11. Limitation of Liability
11.1 PROGRESIF shall not be made liable for any loss or damage in contract or in tort (whether direct, indirect, incidental or consequential) suffered by the Subscriber, or for loss of business, revenue, or profits of the Subscriber, or any damages, death or injuries sustained by the Subscriber or damage to the Subscriber’s property resulting from the use or inability to use the Service, any malfunctioning of the Service or any act, omission, error or default by PROGRESIF in respect of the Service.
11.2 PROGRESIF shall not be liable to the Subscriber for any claims or for any additional costs incurred by the Subscriber in obtaining substitute services, nor shall PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of the Subscriber’s use of the Service.
11.3 Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.
11.4 Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.
12. Force Majeure
PROGRESIF shall not be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of PROGRESIF.
13. Assignment
PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. Subscriber shall not be entitled to assign any of its rights or obligations under this Agreement.
14. Notices
All correspondences, requests and notices by PROGRESIF to the Subscriber shall be sent via post or other means communicated at that relevant time to the last known address provided by Subscriber to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media pages, websites etc.
15. SIM card
The SIM card shall remain the property of PROGRESIF at all times and any lost or found SIM cards should be reported and returned to any PROGRESIF retail stores across Brunei Darussalam or Progresif Headquarters.
16. Promotional Package
Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Handset or other hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.
17. Waiver
Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
18. Prevailing Language
This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.
19. Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.
Progresif Postpaid Mobile Terms and Conditions
This mobile postpaid service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
- Definitions
1.1. “Agreement” means these T&Cs for this mobile Postpaid service, the application form, the terms and conditions of services of any chosen bundling set plan and any other documents, which are to be construed to be part of this Agreement. This Agreement forms a contractual obligation and shall be legally binding on the parties.
1.2. “Device(s)” means any handset, tablet, computer and other hardware which are specified in the list as published on the “Devices” page of the Progresif website and/or the list accompanying a promotional package at any time;
1.3. “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.
1.4. “Service” means the mobile communication services provided by PROGRESIF including but not limited to voice and video calls, text messaging, picture messaging, voice mail and video mail, internet and data accessor any other value-added services added from time to time.
1.5. “Mobile Subscription Account” means the usage account for the services that have been subscribed by the individual/company as per the agreement.
- Duration of Agreement
2.1. This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 7. In the event of suspension or termination of this Agreement, the Subscriber shall be held liable for any accrued or outstanding fees and or/ charges remaining unpaid.
2.2. The Subscriber must settle in full or put into place a formal payment arrangement to settle in full any outstanding amounts due for all mobile lines registered to their Mobile Subscription Accounts before they can sign up for any additional handset installment plan or postpaid services.
- Responsibility of the Subscriber
3.1. The Subscriber must possess a yellow, purple or green Brunei Darussalam identification card (IC) to be considered eligible to enter into this Agreement. Subscribers without a yellow, purple or green Brunei Darussalam identification card shall provide a three (3) months valid identification card or a valid passport with an employment pass. For a multiple lines plan (eg.Family Plan), the Subscriber can use the Subscriber’s IC to open such a plan and be designated as the principal account holder. The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also: –
3.1.1. Pay all charges and fees for the Service provided by PROGRESIF, regardless of whether such charges were authorised by the Subscriber, or the Subscriber failing to receive such notification, or the Subscriber’s neglect to enquire as to the nature of the Service subscribed or the outstanding fees of such subscribed Service.
3.1.2. Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of Service that may occur from time to time;
3.1.3. Ensure that the SIM card shall only be used on a device or equipment compatible with the Service provided and the network, and that the SIM card is not modified, altered or tampered with;
3.1.4. Be solely and fully responsible for any information received, stored, transmitted or
broadcasted over the Service;
3.1.5. Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;
3.1.6. Use or view the Service as offered by PROGRESIF permitted by the terms of this Agreement and only for the Subscriber’s lawful communications and private usage. The Subscriber shall not exploit the Service commercially by reselling the Service or charge others to use or view the Service;
3.1.7. Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;
3.1.8. Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;
3.1.9. Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;
3.1.10. Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;
3.1.11. Warrants to PROGRESIF that the Subscriber is not in default of any obligations under any laws and is not the subject of any existing or pending bankruptcy or insolvency proceedings under the laws of Brunei Darussalam.
3.2 The Subscriber, as contrary to the intended use, shall NOT;
3.2.1 Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network, such as the use of SIM boxing;
3.2.2 Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;
3.2.3 Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;
3.2.4 Use the service/promotion for broadcasting to any party;
3.2.5 Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;
3.2.6 Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;
3.2.7 Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;
3.2.8 Use the service/promotion for telemarketing.
3.3 The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Services.
- Contract Period
4.1 The Subscriber shall be bound by a twelve (12), eighteen (18) month contract eighteen (18) month or twenty-four (24) month term (referred to as the “Contract Period”) with PROGRESIF effective from the date of registration
4.1.1 In the event of termination within the Contract Period, the Subscriber shall be responsible to pay PROGRESIF the remaining monthly rental fees for the remaining duration of the Contract Period and any other outstanding fees and charges related to the subscription.
4.2 The Subscriber shall continue to receive the Services beyond the Contract Period, however the Subscriber shall not be bound by clause 4.1.1, for the termination of the contract beyond the Contract Period.
4.3 The Subscriber shall continue to be liable for the monthly rental fee beyond the Contract Period.
- Migration of Postpaid Mobile Plan
5.1 In the event that the Subscriber changes their postpaid mobile plan, the Subscriber shall not carry over any remaining data onto their new postpaid mobile plan.
5.2 If the Subscriber wishes to upgrade their postpaid mobile plan, any processing fees will be waived. The contract shall revert as the first month of either a 12-month contract , 18-month contract or 24-month contract. Additionally, the Subscriber will need to pay any outstanding bills.
5.3 Where the Subscriber is on the Handset Instalment Plan and wishes to upgrade their postpaid mobile plan, the processing fees will be waived however, the Subscriber will need to pay for the remaining instalments on the device upfront in addition to any outstanding bills. The contract shall then revert as the first month of either a 12-month contract, an 18-month contract or 24-month contract.
5.4 If the Subscriber wishes to downgrade their postpaid mobile plan, a penalty fee of BND100.00 will apply. In addition to the said penalty fee, the Subscriber will also need to pay for any outstanding bills. The contract shall then revert as the first month of an either a 12-month contract, 18-month contract or 24-month contract.
5.5 Where the Subscriber is on the Handset Instalment Plan and wishes to downgrade their postpaid mobile plan, the Subscriber will need to pay for the remaining instalments on the device upfront, in addition to the BND100.00 penalty fee and settlement of any outstanding bills. The contract shall then revert as the first month of a 12-month contract, an 18-month contract or 24-month contract.
- Fees and Charges, Deposit, Payment Terms
6.1 The Subscriber can sign-up to a maximum of five (5) postpaid mobile services under one account. Such postpaid mobile services can be either on contract, non-contract or both.
6.2 The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
6.3 The Subscriber, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF may, in its discretion, determine and vary the sum of the deposit and reserves the right to utilise or deduct the sum of the deposit for any outstanding amount due from the Subscriber to PROGRESIF.
6.4 The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit Term”) for corporate entities from the receipt of the official bill statement.
6.5 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.
6.6 In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.
6.7 The late payment fee shall be added to the Subscriber’s official bill statement in the following month.
6.8 For a multiple lines plan (eg. Family Plan)
6.8.1 The Subscriber shall be eligible to set up multiple supplementary line holders as per the limits specified for the applicable plan;
6.8.2 The Subscriber as the principal account holder shall be liable to pay for all the fees, charges and other such payments incurred by the Subscriber and any of the Subscriber’s supplementary line holders;
6.8.3 A change of numbers to a supplementary line will be chargeable at BND 5.00 per charge after three changes are made in a calendar year;
6.8.4 PROGRESIF may impose a charge, in its sole discretion, for the termination of supplementary lines;
6.8.5 Should the Subscriber terminate his subscription, the Subscriber shall appoint a supplementary line holder to be the new principal account holder of the plan.
6.9 The Subscriber shall forward all disputes relating to the fees and charges reflected in the official bill statement in writing within fourteen (14) days from the date of the said bill. The Subscriber shall otherwise be deemed to construe the fees and charges in the official bill statement as correct and final and shall agree to promptly settle all such fees and such other charges as reflected therein. No further enquiry will be entertained.
6.10 The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).
- Billing
7.1. PROGRESIF shall make reasonable efforts to ensure that billing of customers is timely, accurate and that all charges are made in the correct billing cycle.
7.2. PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.
7.3. PROGRESIF will notify the Subscriber via the e-mail address provided by the Subscriber to PROGRESIF at the time of registration and applying for the Devices and Services that bills are available to view online/electronically. The Subscriber agrees to continually maintain the e-mail address as this will be the only means by which PROGRESIF will inform the Subscriber that a bill is available to view.
7.4. Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills, some charges may from time to time be missed and not billed during the appropriate billing cycle due to errors, oversight, systems fault or malfunction, or as a consequence of delays in receiving charges from third party providers. PROGRESIF may then back bill the Subscriber for charges for periods prior to the current billing cycle.
- Suspension and Termination
8.1. Subscriber may at any time suspend or terminate this Agreement by filling in any necessary form and documentations required by PROGRESIF. Otherwise, Subscriber shall be deemed to terminate this Agreement upon expiry.
8.2. Accounts may only be temporarily suspended for a maximum period of twelve (12) months provided that subscribers must settle any outstanding bills prior to the suspension and subject to the temporary suspension fees stated in Clause 8.4.
8.3 Each mobile line may only be temporarily suspended maximum twice a year. The Subscriber may temporarily suspend a maximum of two (2) mobile lines in their account during the year.
8.4 For each suspended line, the Subscriber will be charged the following fees for each suspended line:
Period of Temporary Suspension | Fees |
1-3 months | $30.00 in total |
For every month after 3 months | $5.00 per month |
8.5 Where subscribers’ mobile plan is tied to a handset or device contract plan, subscribers must pay off any outstanding balance of their monthly bill and existing handset/device instalment plan before they are allowed to temporarily suspend services.
8.6. PROGRESIF shall have the right, in its sole discretion and without liability to the Subscriber, at any time and without compensation, to suspend or terminate the Service and this Agreement under the following conditions:
8.6.1 If any technical failure occurs in the Service;
8.6.2 While the Service is being upgraded, modified or maintained;
8.6.3 If the Subscriber breaches any clause in these T&Cs;
8.6.4 If the Subscriber fails to make payment of billed charges within the stipulated credit terms;
8.6.5 If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
8.6.6 If it is in PROGRESIF’s opinion that the Service is or may be used fraudulently or for unlawful purpose. Fraudulent use includes but not limited to resupplying the service or giving access without PROGRESIF’s consent to a third party.
8.7 In the event of suspension, the Subscriber shall continue to be liable for the accrued and outstanding charges and fees. PROGRESIF in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.
8.8 PROGRESIF has the right to engage in and forward any unsettled bills or charges to its appointed debt collecting agent and/or external legal firms who will then be authorised to collect payment or engage legal proceedings against the Subscriber on PROGRESIF’s behalf. Any legal or agency costs incurred as a result will be borne solely by the Subscriber.
8.9 In the event of termination relating to clause 8.6.3, 8.6.4, 8.6.5 and 8.6.6, the Subscriber shall pay for:
(i) all fees for the agreed duration of the Contract Period;
(ii) any outstanding amount of the chosen plan; and
(iii) any other accrued and outstanding charges and fees remaining unpaid up until the
date of termination.
- Reservations of Rights by PROGRESIF
9.1 PROGRESIF is entitled to amend, revise, discontinue, alter the Service, the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, discontinue or substitute the Service, at any time in its sole discretion. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.
9.2 PROGRESIF reserves the right, at any time and without notice to the Subscriber to:
(1) add, delete or make changes to the Service;
(2) add or substitute alternative service;
(3) terminate or discontinue any services provided. Continued usage of the Service pursuant to any of the above-mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.
9.3 PROGRESIF reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary any rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (AITI) or otherwise. Such amendments and variations may be informed to the Subscriber by way of advertisement or publication in local newspapers, leaflets, website or other form of communication for which the Subscriber shall then be responsible for payment on any such amendments and variations.
9.4 PROGRESIF reserves the right to charge for international calls and international roaming rates. Subscribers who are roaming are advised to take caution of the applicable roaming charges.
9.5 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.
9.6 PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Subscriber.
- Subscribers Obligation in relation to Content
The Subscriber shall not use any content received as part of the Services and is provided for the Subscriber’s own personal use for the purpose of copying, reproducing, distributing or creating derivative works without prior written authorisation from the relevant copyright owners. Any use of contents shall be subject to the respective copyright owners’ own terms of use and policies.
- Subscriber’s Representations and Warranties
11.1 The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.
11.2 By signing on the registration form, the Subscriber expressly consents to the use and disclosure of any information belonging to the Subscriber to whom such disclosure is deemed necessary for the facilitation of 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.
11.3 The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF makes no representations or warranties that the Service shall be free of errors, service interruption, and interception, free from malfunction, unauthorized intrusions e.g spamming or access by any known or unknown third parties.
- Disclaimer
12.1 PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF and/or its shareholders, directors, officers and permitted assignees shall not be held liable or responsible for any unavailability, inaccessibility and interrupted use of the Service and security of the data or information transmitted to and from the Subscriber via the Service. PROGRESIF shall not be held responsible or liable for interruptions to the Service including but not limited to: failure or downtime in: power, base stations, satellite or satellite transmissions, service equipment, signal processing, uplink equipment and such other interruptions of a technical nature.
12.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.
- Limitation of Liability
13.1 PROGRESIF shall not be made liable for any loss or damage in contract or in tort (whether direct, indirect, incidental or consequential) suffered by the Subscriber, or for loss of business, revenue, or profits of the Subscriber, or any damages, death or injuries sustained by the Subscriber or damage to the Subscriber’s property resulting from the use or inability to use the Service, any malfunctioning of the Service or any act, omission, error or default by PROGRESIF in respect of the Service.
13.2 PROGRESIF shall not be liable to the Subscriber for any claims or for any additional costs incurred by the Subscriber in obtaining substitute services, nor shall PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of the Subscriber’s use of the Service.
13.3 Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.
13.4 Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.
- Force Majeure
PROGRESIF shall not be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of PROGRESIF.
- Assignment
PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. Subscriber shall not be entitled to assign any of its rights or obligations under this Agreement.
- Notices
All correspondences, requests and notices by PROGRESIF to the Subscriber shall be sent via post or other means communicated at that relevant time to the last known address provided by Subscriber to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media pages, websites etc.
- SIM card
The SIM card shall remain the property of PROGRESIF at all times and any lost or found SIM cards should be reported and returned to any PROGRESIF retail stores across Brunei Darussalam or Progresif Headquarters.
- Promotional Package
Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Devices or other hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.
- Waiver
Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
- Prevailing Language
This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.
- Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.
This mobile prepaid service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
1. Definitions
1.1 “Agreement” means these T&Cs for the mobile prepaid service, the application form, the terms and conditions of services of any chosen bundling set plan and any other documents, which are to be construed to be part of this Agreement. This Agreement forms a contractual obligation and shall be legally binding on the parties.
1.2 “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.
1.3 “Service” means the mobile communication services provided by PROGRESIF including but not limited to voice and video calls, text messaging, picture messaging, voice mail and video mail, internet and data accessor any other value added services added from time to time.
2. Duration of Agreement
This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 5. In the event of suspension or termination of this Agreement, the Subscriber shall be held liable for any accrued or outstanding fees and/or charges remaining unpaid.
3. Responsibility of the Subscriber
3.1 The Subscriber shall;
3.1.1 Pay all charges and fees for the Service provided by PROGRESIF, regardless of whether such charges were authorised by the Subscriber, or the Subscriber failing to receive such notification, or the Subscriber’s neglect to enquire as to the nature of the Service subscribed;
3.1.2 Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of Service that may occur from time to time;
3.1.3 Ensure that the SIM card shall only be used on a device or equipment compatible with the Service provided and the network, and that the SIM card is not modified, altered or tampered with;
3.1.4 Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;
3.1.5 Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;
3.1.6 Use or view the Service as offered by PROGRESIF permitted by the terms of this Agreement and only for the Subscriber’s lawful communications and private usage. The Subscriber shall not exploit the Service commercially by reselling the Service or charge others to use or view the Service;
3.1.7 Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;
3.1.8 Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;
3.1.9 Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;
3.1.10 Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;
3.1.11 Warrants to PROGRESIF that Subscriber is not in default of any obligations under any laws and is not the subject of any existing or pending bankruptcy or insolvency proceedings under the laws of Brunei Darussalam.
3.2 The Subscriber, as contrary to the intended use, shall NOT;
3.2.1 Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network, such as the use of SIM boxing;
3.2.2 Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;
3.2.3 Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;
3.2.4 Use the service/promotion for broadcasting to any party;
3.2.5 Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;
3.2.6 Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;
3.2.7 Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;
3.2.8 Use the service/promotion for telemarketing.
3.3 The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Services.
4. Fees, Charges, Top up credits and Payment Terms
4.1 The Subscriber can sign-up to a maximum of ten (10) mobile prepaid services under one account.
4.2 The Subscriber shall pay registration fees and other applicable fees, charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
4.3 Top up credits can only be used during the active period stated in the user guide starting from the date of Subscriber’s last top up from top up cards or eTopUp. Top up credits and/or any balance in Subscriber’s prepaid mobile account is not redeemable for cash nor are they refundable in the event of non-usage or account being disabled.
4.4 If Subscriber fails to top up the prepaid mobile account before the expiry of the grace period, Subscriber’s may be terminated, in the sole discretion of PROGRESIF, and the mobile number used may be withdrawn with immediate effect or after a certain period without any prior written notice or warning from PROGRESIF.
5. Suspension and Termination
5.1 Subscriber may at any time terminate this Agreement by filling in any necessary form and documentations required by PROGRESIF. Otherwise, Subscriber shall be deemed to terminate this Agreement upon expiry or failure to top up Subscriber’s prepaid mobile account.
5.2 PROGRESIF shall have the right, in its sole discretion and without liability to Subscriber, at any time and without notice and compensation, to suspend or terminate the Service and this Agreement under the following conditions:
5.2.1 If any technical failure occurs in the Service;
5.2.2 While the Service is being upgraded, modified or maintained;
5.2.3 If Subscriber breaches any clause in these T&Cs;
5.2.4 If Subscriber does anything which may in the opinion of PROGRESIF lead to the damage or losses to the Service; or
5.2.5 If it is in PROGRESIF’s opinion that the Service is or may be used fraudulently or for unlawful purpose. Fraudulent use includes but not limited to resupplying the service or giving access without PROGRESIF’s consent to a third party.
5.3 Upon termination by either the Subscriber or PROGRESIF, the Subscriber shall be liable for all fees and charges incurred for the use of the Service up until the actual date of termination.
5.4 In the event of suspension, Subscriber shall continue to be liable for the accrued and outstanding charges and fees.
5.5 PROGRESIF in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.
6. Reservations of Rights by PROGRESIF
6.1 PROGRESIF is entitled to amend, revise, discontinue, alter the Service, the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, discontinue or substitute the Service, at any time in its sole discretion. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.
6.2 PROGRESIF reserves the right, at any time and without notice to Subscriber to:
(1) add, delete or make changes to the Service;
(2) add or substitute alternative service;
(3) terminate or discontinue any services provided. Continued usage of the Service pursuant to any of the above-mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.
6.3 PROGRESIF reserves the right, at any time and with appropriate notice to Subscriber, to amend and vary any rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (AITI) or otherwise. Such amendments and variations may be informed to Subscriber by way of advertisement or publication in local newspapers, leaflets, website or other form of communication for which the Subscriber shall then be responsible for payment on any such amendments and variations.
6.4 PROGRESIF reserves the right to charge for international calls and international roaming rates. Subscribers who are roaming are advised to take caution of the applicable roaming charges.
6.5 PROGRESIF reserves the right to impose and implement a fair usage policy on its data/internet services as communicated via its website or leaflets.
6.6 PROGRESIF shall be under no liability whatsoever to Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to Subscriber.
7. Subscribers Obligation in relation to Content
7.1 The Subscriber shall not use any content received as part of the Services and is provided for the Subscriber’s own personal use for the purpose of copying, reproducing, distributing or creating derivative works without prior written authorisation from the relevant copyright owners. Any use of content shall be subject to the respective copyright owners’ own terms of use and policies.
8. Subscriber’s Representations and Warranties
8.1 The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.
8.2 By signing on the registration form, the Subscriber expressly consents to the use and disclosure of any information belonging to the Subscriber to whom such disclosure is deemed necessary for the facilitation of 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.
8.3 The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF makes no representations or warranties that the Service shall be free of errors, service interruption, and interception, free from malfunction, unauthorized intrusions e.g spamming or access by any known or unknown third parties.
9. Disclaimer
9.1 PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF and/or its shareholders, directors, officers and permitted assignees shall not be held liable or responsible for any unavailability, inaccessibility and interrupted use of the Service and security of the data or information transmitted to and from the Subscriber via the Service. PROGRESIF shall not be held responsible or liable for interruptions to the Service including but not limited to: failure or downtime in: power, base stations, satellite or satellite transmissions, service equipment, signal processing, uplink equipment and such other interruptions of a technical nature.
9.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.
10. Limitation of Liability
10.1 PROGRESIF shall not be made liable for any loss or damage in contract or in tort (whether direct, indirect, incidental or consequential) suffered by Subscriber, or for loss of business, revenue, or profits of Subscriber, or any damages, death or injuries sustained by Subscriber or damage to Subscriber’s property resulting from the use or inability to use the Service, any malfunctioning of the Service or any act, omission, error or default by PROGRESIF in respect of the Service.
10.2 PROGRESIF shall not be liable to the Subscriber for any claims or for any additional costs incurred by the Subscriber in obtaining substitute services, nor shall PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of Subscriber’s use of the Service.
10.3 Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.
10.4 Without prejudice to the above, PROGRESIF shall not be held liable:
10.4.1 for any recharging error caused by Subscriber or any third party;
10.4.2 to any reimbursement of wrongly purchased top up cards.
11. Force Majeure
PROGRESIF shall not be liable for any interruption or discontinuation of service due to acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of PROGRESIF.
12. Assignment
PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. Subscriber shall not be entitled to assign any of its rights or obligations under this Agreement.
13. Notices
All correspondences, requests and notices by PROGRESIF to the Subscriber shall be sent via post or other means communicated at that relevant time to the last known address provided by Subscriber to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media pages, websites etc.
14. SIM card
The SIM card shall remain the property of PROGRESIF at all times and any lost or found SIM cards should be reported and returned to any PROGRESIF retail stores across Brunei Darussalam or Progresif Headquarters.
15. Promotional Package
Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Handset or other hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.
16. Waiver
Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
17. Prevailing Language
This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.
18. Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.
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:
- a. these Terms and Conditions of the Service herein;
- b. the Terms and Conditions of the Direct Carrier Billing Service; and
- c. 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
Definitions
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; |
“App” | 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). |
“Progresif” | 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); |
“Progresif’s System” | Means the telecommunication system utilized by Progresif in providing the Service; |
“Content” | 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). |
“Mobile Device” | Means a wireless device together with accessories for the use of the Service; |
“Service(s)” |
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 ii. Checking your credit balance, usage and performing transactions such as top-ups, data add-ons, converting prepaid plans, and credit transfer for prepaid 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
- 2.4.3Copy 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.
- 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 the Service;
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
- Disclaimer
7.1This 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.
10.3 The App and/or the Services may redirect you to other websites, resources and/or networks worldwide. Progresif disclaims any responsibility for the content, services or otherwise in respect of these, and you agree to conform to the terms of use of such websites, resources and/or networks.
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.
- Variation
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.
- Indemnity
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
15.1 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.
- Termination
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.
Under these Terms, “we”, “our” and “us” mean Progresif Sdn Bhd and/or its affiliates in relation to the provision of the services as described below.
1. Definitions and Interpretations
Whenever used in these Terms with an initial capital letter, the terms in this Clause 1 and elsewhere in these Terms, whether use in singular or plural, shall have the meaning specified.
1.1 “Content” means media services including, but not limited to, television shows, movies, clips, and other audiovisual content.
1.2 “Services” means the Content, our video service, audio service, our player for viewing the Content and any other products, features, tools, materials, or other services offered from time to time by Progresif Media through a variety of Access Points (defined below).
1.3 “Access Points” refer to, collectively, mobile applications, the Progresif Media App, the Progresif Media website, and other places where any Services are available, including other websites where users or website operators are permitted to embed or have otherwise licensed Progresif Media.
1.4 “Progresif Media App” means the Progresif Media mobile application which offers video on demand service and radio broadcasting.
1.5 “Unauthorised Content” means Content that has not been granted permission to be made available or uploaded elsewhere without consent by Progresif.
2. Description of Services and Acceptance of Terms
We provide an online video on demand service and radio broadcasting which gives users the opportunity to select the content from various offerings on-demand programming and radio broadcasting. Use of the Services (including access to the Content) is subject to compliance with the Terms and any end user license agreement that might accompany the applicable Service. Please read these Terms along with our Privacy Policy available on the Progresif Media App and the Progresif website. Each time you visit, browse, access or use any of the Services through any Access Points) or via other services you accept and agree to the Terms as well as our Privacy Policy on behalf of yourself and all members of your household and others who use the Services under your account.
3. Changes to the Terms
We may make changes to these Terms from time to time for many reasons. For example, we may need to reflect changes in our system, changes in payment methods or changes in the relevant laws. Any material changes to these Terms will be effective immediately after the revised Terms are posted on the Progresif Media website. You agree to be bound by the changes to these Terms when you use the Services through the Access Points after any such modification is posted on the website. It is therefore important that you review these Terms regularly to ensure that you are updated as to any changes.
4. Access and Use of the Services
4.1 Age Limitations: Some of the Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the applicable age of majority in your territory, you must register with Progresif Media only if you have the consent of your parent or guardian, including consent to the Terms on your behalf.
4.2 Your License: During your subscription, we are pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming basis at Progresif Media, for personal purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription.
4.3 The Content:
a) Usage Rules and Limitations: You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Progresif in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Progresif in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless authorized by Progresif. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, subtitles, and still images. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Progresif in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b) Content Quality: Progresif Media uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Progresif is unable to make any warranties about the Content in these respects.
4.4 Progresif Radio: If your subscription includes the Progresif Radio service, please be aware of following:
a) Live Content: While we try our best to monitor our Content, we cannot guarantee any Third-Party Content in Progresif Radio will be in line with our Terms. Due to this nature, you agree that there may be risks to Content Subjectivity (explained above).
4.5 Subcription Video On Demand service (“SVOD Service”): You may also subscribe to our monthly subscription-based plan in which you are given unlimited access to selected Video on Demand Content during the limited period of time. SVOD service can be purchased as a stand-alone or as an add-on subscription.
4.6 The Player: You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of our video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Player in any manner that enables users to view the Content without: (i) displaying visibly both the Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Points where the Player is located; and (ii) having full access to all functionality of the Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click or touch-through advertising functionality.
4.7 Compatible Devices: In order to access the Services, you will need to use a mobile device, that meets the system and compatibility requirements as explained on our FAQs (Frequently Asked Questions) of the Services at the mobile applications, the Progresif Media website, or other Access Points ( “Compatible Devices”). Please note that Compatible Devices may vary from time to time. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of the Service you are currently using.
4.8 Devices Registration: Up to two (2) devices can be registered under one account. You can check currently registered devices under your account by clicking on the “Settings” link on the mobile applications, the Progresif Media website, or other Access Points. If you wish to add a new device(s), you may remove the currently registered device(s) by hitting “Delete” button under “Settings”. However, please note that the registered device can only be deleted after thirty (30) days starting from its registered date.
4.9 Internet Service and Data Usage: In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider. If you are using the Services through a mobile network, this may result in mobile data charges. Please contact your mobile data service provider for more information.
4.10 Ownership: You agree that Progresif owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned and/or controlled by Progresif. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
4.11 Your Responsibilities:
You agree:
a. to use the Services and view the Content for your own lawful, personal and non-commercial use in accordance with these Terms;
b. to ensure the safety and availability of the Services and Content for all users.
You agree not to:
c. restrict or inhibit any other persons from using the Services, including, without limitation by means of “hacking” or defacing any portion of the Services and/or the Progresif Media website;
d. access or use the Services and the Content for any unlawful purpose or any purpose not expressly authorities by these Terms;
e. violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
f. use technology or other means to access, index, frame or link to the Services (including the Content) without our prior written authorisation (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
g. access the Services (including the Content) through any automated means, including “bots”, “robots,” “spiders,” or “offline readers”;
h. introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i. damage, disable, overburden, impair, or gain unauthorized access to the Services, including Progresif Media servers, computer network, or user accounts
j. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services (including the Content);
k. use the Services to advertise or promote services that are not expressly approved in advance in writing by Progresif;
l. use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications and in violation of our Privacy Policy;
m. encourage unlawful conduct or endanger the safety of the public; or
n. interfere with any other party’s use and enjoyment of the Services.
If we determine that you are violating any of the Terms, we may first notify you or immediately use technical measures to block or restrict your access and/or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
4.12 Modification/Suspension/Discontinuation: We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. We reserve the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and channels, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. If we terminate your account or suspends or discontinues your access to Services due to your violation of the Terms, then you will not be eligible for any credit, discount or other consideration which provided to you in accordance with Clause 5. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Services.
4.13 Customer Service: If we can be of help to you, please do not hesitate to contact our Customer Service department by visiting our customer center, calling our customer service helpline at 177, or by clicking on the “Help” link on the Progresif Media app, the Progresif Media website, or other Access Points. We aim to provide the utmost level of Customer Service, but in the unlikely event that a Customer Service representative provides information that is inconsistent with the Terms, please be aware that the Terms will prevail.
5. Billing and Price
5.1 Price. While we may offer certain Content from time to time for free, we charge different sorts of “price” for you to access to the Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding the price structure of our Services within the Progresif Media app, the Progresif Media website, or other Access Points. You can check your current status and history of subscription at any time on your account related section of the Progresif Media app, the Progresif Media website, or other Access Points. We reserve the right to change the terms of your subscription , including price, from time to time.
5.2 Cancellation. You can cancel your Progresif Media membership at any time, and you will continue to have access to Services through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unwatched Content. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Settings” then “My Account” and “Subscription Details”. You may also find billing information about your Progresif Media membership by clicking “Settings” then visiting “Payment Method” under “My Account”.
5.3 Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.
5.4 Payment Methods. You must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method and/or we successfully receive payment. You authorize us to continue billing on the basis of your given payment details and you remain responsible for any unsettled amount. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
6. Accounts and Registration
You shall be responsible for the usage of the account, including the usage by other members. By allowing others to access your account, you agree to be responsible for ensuring that they comply with the Terms and you agree to be responsible for their activity using the Services. All registration information you may need to submit must be accurate and updated. You are responsible for all use of your account, including unauthorized use by any third party. We reserve the right to immediately terminate or restrict your Progresif Media account or your use of the Services or access to Content at any time, without notice or liability, if we determine that you have breached the Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your Progresif Media account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. We would like to avoid such termination; therefore, we may use technology to limit activities and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
7. Collection and Use of Personal Information
For information about Progresif Media policies and practices regarding the collection and use of your information, please read our Progresif Media Privacy Policy which is published on the Progresif Media app, the Progresif Media website and other Access Points. By accessing and receiving the Services and the Content and accepting these Terms, you consent to us processing such information in this way.
8. Disclaimer of Warranties, Limitation of Liability and Indemnity
8.1 The Services including, but not limited to, Progresif Media app, Progresif Media website, the Content and any other materials contained on or provided through any access points, are provided on an “as is” basis permitted by law, and without warranties of any kind whether expressed or implied. We do not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement: or that the Services will be uninterrupted, free of viruses and other harmful components, accurate and error free.
8.2 Progresif Sdn Bhd, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content programmers) (collectively, the “Progresif Media Parties”), shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of the Services (including any information, products, or services advertised in, obtained on, or provided through any access point), whether based in contract, tort, strict liability, or other theory, even if the Progresif Media Parties have been advised of the possibility of damages.
8.3 The terms shall not affect any non-waivable statutory rights that apply to the user. The total liability to the user for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by the user to Progresif, if any, for accessing or participating in any activity related to use of the Services.
8.4 You agree to defend, indemnify, and hold harmless the Progresif Media Parties from and against any and all liabilities, claims, damages, expenses (including legal fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms or your use of the Services (including your use of the Content).
9. Notice and Procedure for Claims of Copyright Infringement
If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that Progresif receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to piracy@progresif.com. To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, mobile number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. We do have a policy of terminating repeat infringers in appropriate circumstances.
10. Piracy of Content
In the event of Unauthorized Content made available or uploaded elsewhere by the Customer without consent by Progresif, its licensees or agents, or under local or international laws. This fraudulent action will be deemed as an infringement of the copyright and/or related rights in the Unauthorised Content. These activities are also a breach of our terms of service agreement. If the Customers fails to take appropriate action or continue to make available or upload either Unauthorised audiovisual Content or other copyrighted content without permission it is possible that Progresif will seek to implement measures to prevent further misuse of your service account, which may include suspension of the Customer’s internet access or termination of service account.
11. Arbitration of claims
If you have an issue with the Services, we encourage you to review our frequently asked questions (FAQ), the Terms, or contact our Customer Service helpline at 177. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible. We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and Progresif agree to first discuss any issue informally for at least 60 days. To do that, please send your full name and contact information, your concern and your proposed solution to our Customer Center, Customer Service, Help or our email address at media@progresif.com. If we would like to discuss an issue with you, we will contact you using the email address you provided. If we do not reach an agreed upon solution after our discussions for at least 60 days, the Parties agree that any and all claims that either of us may have arising out of or relating to: (i) the Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in the Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration under the laws of Brunei Darussalam.
12. General Information
12.1 International Use: We are limited by the rights that our content holders grant to us. Using technologies to access the Content from territories where we do not have rights or that are not permitted by the terms of the Services that you subscribe to, rent, or purchase is prohibited.
12.2 Export Controls: Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside.
12.3 Choice of Law and Forum: The Terms are governed by, and construed in accordance with, the laws of Brunei Darussalam without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Clause 114 is not applicable, you agree to submit to the exclusive jurisdiction of the courts of Brunei Darussalam.
12.4 No Waiver/Reliance: If you see other parties violating the Terms, we would appreciate it if you would let us know through our customer service helpline 177. Precisely how we respond to a party that is violating the Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Progresif precise response with respect to one party or one situation as any indication of what Progresif might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of the Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of the Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, our decision to delay exercising or enforcing any right or remedy under the Terms shall not constitute a waiver of such right or remedy. Even if we act in a way that appears to you to be inconsistent with the Terms, Progresif action shall not be deemed a waiver or constructive amendment of the Terms.
12.5 Integration, Amendment, Severability: Please note that the Terms, including the Privacy Policy and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that we may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Progresif in relation to the Services. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is held to be unlawful, void, or unenforceable, the provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions (“the Terms”) shall apply to the Customer’s access and use of the Progresif Pay App (“Progresif Pay”) offered by Progresif Cellular Sdn Bhd (“Progresif”).
The Terms shall be read alongside any/all additional terms and conditions governing any product or service provided by the Bank and/or Progresif and in the event of conflict, the Terms shall prevail.
The Terms are divided into 2 sections. The first section, “Part A: Standard Terms and Conditions” sets out the general terms and conditions of the Progresif Pay and the second section, “Part B: Specific Terms and Conditions” which contains the terms and conditions which shall apply to each product and service that the Customer has registered by way of the Progresif Pay.
PART A: STANDARD TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
In this Terms, the following words and expressions shall have the meanings as set out hereinbelow unless the context indicates otherwise:
“Account” means the Progresif Pay Co-branded Virtual Prepaid card account created for the Customer by the Bank upon successful application of the Co-branded Progresif Pay Virtual Prepaid Mastercard card.
“Application” means an application to BIBD and/or Progresif for Progresif Pay.
“ATM” means the Automated Teller Machine (ATM) or any card-operated machine which allows the Customer to perform transaction including but not limited to machines belonging to the Bank or the Card Scheme’s ATM network.
“Bank” or “BIBD” means Bank Islam Brunei Darussalam Berhad, its subsidiaries, its successors and permitted assigns.
“Banking Day” means a day on which the Bank is open for business excluding Sundays and gazetted public holidays in Brunei Darussalam.
“Customer” means the holder of the Progresif Pay Co-Branded Card Account(s) who is eligible for the Services.
“BIBD NEXGEN Mobile app” means the Mobile Banking application system from time to time made available by BIBD enabling the Customer to communicate with BIBD through any electronic or telecommunications equipment or medium/peripherals.
“BIBD Services” means any products and/or services made available by the Bank to the Customer through the Progresif Pay from time to time.
“Cardholder” means the person to whom a Progresif Pay Co-branded Virtual Prepaid card is issued to.
“Card Scheme” means Mastercard International, Mastercard Worldwide and Visa Incorporated better known as Mastercard and Visa respectively.
“Cash Withdrawal” means any cash withdrawal from the Account performed at an ATM using the Progresif Pay Co-branded Virtual Prepaid card within the limits set by the Bank.
“Instruction” means any request or application received or transmitted to BIBD by the Customer through the Progresif Pay.
“Login ID” means a unique name made up of a string of characters chosen by the Customer which identifies the Customer in order for the Progresif Pay to associate the Customer with their profile and Account(s).
“Merchant” means any online/mobile retailer or establishment offering goods and/or services which accepts the Progresif Pay Co-branded Virtual Prepaid card as a medium of payment for the purchase of their goods and/or services.
“Mobile device” means a compatible mobile device or such other communication device which is used to access the Progresif Pay.
“Mobile Line” means an active Prepaid or Postpaid mobile/cellular service provided by any organization permitted by the Authority for Info-communications Technology Industry or any other competent authority in Brunei Darussalam.
“Near Field Communication (NFC)” means a technology which allows two compatible devices such as smartphones and other electronic devices with other electronic devices such as merchant’s Point-of-Sale (POS) terminal or payment readers to communicate within a short range to enable secure and contactless payment transactions and does not require any physical contact between the payment device and the payment reader.
“Tap and Pay” means a mobile NFC contactless payment platform offered by the Bank through Progresif Pay which enables the Customer to make transaction at any NFC enable Merchant terminal.
“Password” means any personal identification number (PIN), mobile device password, word, phrase, symbol, code and/or biometric information being unique to the Customer and known only to the Customer, authenticate(s) the Customer’s Login ID whenever the Customer access and use the Progresif Pay and/or such other features which may prompt the Customer for it. For the avoidance of doubt, Password includes one-time passwords (“OTPs”).
“Progresif” means Progresif Cellular Sdn Bhd, its subsidiaries, its successors and permitted assigns.
“Progresif Pay” means the white label app made available and powered by the Bank enabling the Customer to access both the Progresif services and BIBD Services.
“QuickPay” or “QR Code Services” means a dynamic or static QR code payment service platform offered by the Bank through the Progresif Pay with a generated merchant QR code or a merchant terminal app installed on an electronic device/tablet for the purpose of making payments.
“Spending Limit(s)” means subject to the available balance in the Customer’s Account, the maximum amount which the Customer may spend using their Progresif Pay Co-branded Virtual Prepaid card daily as shall be prescribed by the Bank from time to time at its sole discretion.
“Terms” means the terms and conditions stated herein which shall govern the use of the Progresif Pay including any amendments and/or variations made to the Terms from time to time.
“Transfer” means funds transferred between Cardholders with the use of the of the Progresif Pay and/or BIBD NEXGEN Mobile app within the limits set by the Bank.
“Validity Period” means such period determined by the Bank during which the Progresif Pay Co-branded Virtual Prepaid card may be used to effect transactions.
“Virtual Card” or “VMC” means any Virtual Prepaid Mastercard card available either in BIBD NEXGEN Mobile app or Progresif Pay which enables Customers to perform transactions online.
“Token” means an encrypted digitised card for making mobile NFC contactless payments which the Customer has provisioned and securely stored electronically into the Mobile device.
1.1 The headings of the Clauses are merely for reference and shall not be taken into consideration in the interpretation or construction of these Terms.
1.2 Words importing singular shall include the plural and vice-versa.
1.3 Words importing the masculine gender shall include feminine and neuter gender and vice versa.
1.4 The rights of the Bank and Progresif with respect to any matter conferred under any provision of the Terms shall be additional to the rights conferred under any other provision of the Terms with respect to the same matter.
1.5 Any reference to a statutory provision shall also include any modification, consolidation or re-enactments for the time being in force and all statutory instruments or orders made pursuant thereto.
2. REGISTRATION AND ELIGIBILITY
2.1 In order to avail of the Progresif Pay, the Customer must register and must meet the following eligibility criteria:
a) The Customer must be of fifteen (15) years of age and above;
b) The Customer must produce the original copy of their Identity Card/Passport which must be valid;
c) The Customer must have a registered Mobile Line; and
d) Such other prerequisite requirements as may be set by the Bank or the applicable relevant authority(ies) from time to time.
2.2 The Customer acknowledges that the Bank has the sole discretion to reject any application for registration and/or change the eligibility criteria without assigning any reason thereto.
2.3 The Customer must provide the Bank with true, accurate and complete information and must promptly notify the Bank of any changes to the information provided. The Customer acknowledges that the Bank shall not be liable for any consequences arising from their failure to inform the Bank of any changes in their particulars.
2.4 The Customer acknowledges that the Account is a non-profit bearing account. As such, the Customer will not be entitled to any dividends for maintaining the Account.
3. USE OF THE PROGRESIF PAY
3.1 Login ID/Password
3.1.1 In using the Progresif Pay, the Customer shall keep their Login ID, Password(s) and such other credentials including Account(s) information confidential at all times. If the Customer’s believes and has reasons to believe that the Customer’s Login ID and/or Password(s) has been compromised or if the Customer suspects any fraudulent or unauthorized use of their Account(s), the Customer shall immediately notify Progresif Pay Customer Care hotline at 176 or 8330176 immediately followed by a written confirmation.
3.1.2 The Bank reserves the right to suspend and/or revoke the use of the Customer’s Login ID and/or Password(s) at any time with notice to the Customer. The Bank shall not, however, be required to provide the Customer with any reason for such suspension or revocation.
3.1.3 The Bank and Progresif shall not be liable for any losses or damages arising from any unauthorised use or access to the Customer’s Login ID and Password(s) save for instances where such losses or damages are directly caused by the Bank’s or Progresif’s gross negligence or wilful misconduct.
3.2 Biometrics
3.2.1 By using the biometrics feature, the Customer shall be deemed to have consented to the authentication of the Customer’s identity by way of the Customer’s fingerprint scan and/or face identification (“Biometrics”) in using the Progresif Pay.
3.2.2 To the fullest extent permitted by applicable laws and regulations, without prejudice to any other provisions under these Terms, the Customer renders the Bank and Progresif harmless from any claims, actions and/or proceedings in connection with any of the following:
a) the Bank’s right to retain the Biometrics for such period solely determined by the Bank;
b) any unauthorised access and/or use of the Customer’s Mobile device;
c) and the use of the Biometrics for any purposes deemed necessary by the Bank.
3.2.3 The Customer hereby declare that the Customer will exercise due care and will ensure that the Customer use of the Progresif Pay is not used in any way to facilitate fraudulent and/or unlawful activities.
4. CHARGES AND SPENDING LIMITS
4.1 The Customer acknowledges that the Bank imposes daily Spending Limits/daily usage on the amount(s) which the Customer may transact using the Progresif Pay and/or BIBD Services in any given day. If the Customer attempts to carry out transactions exceeding the daily usage/spending limit, the Bank has the absolute discretion to either decline such transaction(s) or block the Progresif Pay Co-branded Virtual Prepaid card without notice to the Customer.
4.2 The prescribed Spending Limits are as determined by the Bank at its sole discretion and are made known on the Bank’s website. The Customer acknowledges that the Bank is at liberty to vary the prescribed Spending Limits from time to time. The Bank shall keep the Customer notified of any changes in the prescribed Spending Limits in any manner the Bank deems appropriate.
4.3 The Bank shall be fully entitled to impose fees for the Services, the details of which the Customer may obtain from the Bank’s website, under the Bank’s Tariff of Fees and Charges or at any of the Bank’s branches. The Customer acknowledges that other financial institutions may impose different transaction limits on their NFC devices.
4.4 The Bank shall be entitled to debit the Customer’s account with BIBD for any amounts owing to BIBD in respect of any fees, commissions or other sums due or payable to us in connection with the Customer’s use of the Progresif Pay and/or BIBD Services without notice to the Customer.
4.5 The Customer’s obligation to pay the charges and all outstanding monies owed to BIBD shall survive the termination of these Terms, the deactivation or revocation of the Progresif Pay.
5. DISCLOSURE OF INFORMATION AND PERSONAL DATA
5.1 The Customer authorizes the disclosure or exchange of any/all information provided by the Customer for purposes incidental to the performance of the Progresif Pay to and between any person which the Bank in good faith considers to be appropriate for the purpose of providing the services under the Progresif Pay, including any agents, contractors or third party service provider which have agreed to perform the services under the Progresif Pay, wherever situated, for confidential use in and in connection with the Progresif Pay.
5.2 In order to comply with local or foreign law, Regulations, directives, judgements or court orders and any authority, regulator or enforcement agency, the Customer hereby authorizes the Bank to disclose any/all information provided by the Customer.
5.3 Such disclosure and use of such information may be necessary or inevitable for the purposes of giving effect to the services under the Progresif Pay to the Customer and/or to facilitate or enable the use of the Progresif Pay. Failure to allow such disclosure, access to or use of the information may result in the Bank inability to offer or continue to offer the Progresif Pay to the Customer.
5.4 The Customer will provide the Bank with any and/or all reasonably requested information and/or documentation within thirty (30) days if there is any update to the Customer’s information, and/or documentation. Additionally, the Bank may reasonably request for any information and/or documentation relating to the Customer’s use of the Progresif Pay and the Customer shall cooperate with the Bank in any related investigation or litigation.
5.5 The Customer acknowledge and agree that the Bank and Progresif may collect, transmit, store, and use technical, location, and login or other personal data including the Customer’s Biometrics and other related information, including but not limited to technical information about the Customer’s device, system and application software, and such other information, that is gathered periodically to facilitate the provision of the Progresif Pay updates, product support, and other services to the Customer (if any) related to, or in connection with, the Progresif Pay.
5.6 Neither the Bank and Progresif, nor its agents, contractors or third-party service provider be liable for any loss or damage suffered by the Customer or any third party as a result of any disclosure of any information which the Customer have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under the applicable laws.
6. INTELLECUTAL PROPERTY RIGHTS
6.1 All ownership rights, copyright, trademarks and other intellectual property rights attaching to, contained or vested in this Progresif Pay and all content, data, information, details, materials, literature, manuals or graphics contained in this Progresif Pay are properties of the Bank and/or Progresif respectively unless otherwise indicated. The Bank and Progresif strictly prohibits any use of any of its aforesaid rights in any manner whatsoever without the Bank’s and Progresif express prior written permission.
6.2 No part or parts of the Progresif Pay may be reproduced, copied, reverse engineered, exploited, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without the Bank’s and Progresif’s prior written permission.
6.3 The trade marks, service marks, and logo (“Trade Marks”) used and displayed in or through the Progresif Pay are registered and unregistered Trade Marks of the Bank and Progresif.
6.4 Nothing in the Progresif Pay should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Marks displayed in or through the Progresif Pay, without the Bank and Progresif written permission.
7. PROGRESIF PAY TRANSACTION RECORDS
7.1 The Customer agrees that the Bank’s records of any transactions carried out with the Progresif Pay shall be deemed conclusive and binding on the Customer. The Customer also agrees that once consent has been provided by the Customer, the authorised transfer cannot be revoked.
7.2 The Customer accepts that the Bank shall not be responsible for verifying the validity of any transaction so long as the Customer enters the correct Password and/or the Customer logs into Progresif Pay and the transaction is successfully effected.
7.3 The Customer hereby agrees not to object to the admission of the Bank’s and Progresif’s records as evidence in any legal proceedings on the basis that such records are not originals, not accurate, not made in writing or are computer generated documents.
7.4 The Customer agrees to hold the Bank and Progresif harmless against any rejected and/or failed transactions including any delay in effecting the transactions arising out of or as a result of any technical/operational malfunctions beyond the Bank’s and Progresif’s reasonable control. The Customer agrees that the Bank and Progresif shall not be held liable in any form or manner if the Customer’s Mobile device is used to perform any unauthorized or fraudulent transactions.
8. SUSPENSION, VARIATION AND TERMINATION OF PROGRESIF PAY
8.1 The Progresif Pay and/or any part of the services under the Progresif Pay may be cancelled, varied, blocked, suspended or terminated by the Bank or Progresif for any reason whatsoever and for any period of time without any obligation of prior notice to the Customer.
8.2 The Bank may terminate, suspend and/or withhold Progresif Pay or the Customer’s Account with immediate effect without further notice to the Customer in any of the following instances:
a) if the Customer commits a material breach of this Terms;
b) if the Customer faces bankruptcy proceedings or becomes a bankrupt;
c) in order to comply with any local or foreign law, regulations, directives, judgments or court orders and any authorities, regulators or enforcement agencies demands or requests;
d) if the Bank discovers or has reasonable grounds to suspect that the Customer is in violation of any of the Terms; and
e) the transactions made by the Customer appears to be suspicious or fraudulent to the Bank.
f) if the Customer does not have an active Mobile Line.
8.3 Termination shall be without prejudice to any rights of either party which may have accrued up to the date of such termination and the rights to terminate the Terms are not intended to be exclusive but shall be in addition to every other remedy or right now or hereafter existing.
8.4 Upon termination of the Customer for whatsoever reason, the Customer must ensure that it shall not perform any transaction(s) which will or may potentially compromise or affect the security of Progresif Pay or the systems/securities of any other Progresif Pay customers.
9. DISCLAIMER
9.1 Although the Bank endeavors to ensure the accuracy and validity of all information relating to the transactions and the services under the Progresif Pay, the Customer acknowledges and accepts that the Progresif Pay is provided on “as is” and “as available” basis, without any warranty of any kind, either express, implied or statutory.
9.2 The Bank disclaims any warranty of merchantability or fitness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. The Bank and Progresif shall not be responsible for any electronic virus(es), worm(s), spywares, malwares, corrupting code, agent, program and/or macros which may be transmitted via the Progresif Pay.
9.3 To the fullest extent permitted by law, the Bank and Progresif does not warrant that the Progresif Pay will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on the Progresif Pay is accurate, complete, timely or reliable. The Bank and Progresif expressly disclaims liability for any delays, errors or omissions in the transmission of the content and to the accuracy, completeness and timeliness of the same.
9.4 The Customer agree that the Bank may rely on Progresif for the information on their products, services and offers and that the Bank expressly disclaims all responsibility and liability in respect of such information, products, services or offers contained in the Progresif Pay including but not limited to its accuracy, completeness and timeliness.
9.5 It is the Customer responsibility to verify the information and seek independent professional advice before acting on and relying upon the information on Progresif Pay as a basis for the Customer’s decision.
9.6 The Bank and Progresif shall not be liable for any personal injury, death or damages to tangible or intangible property to any person, arising out of or resulting from the use of the Progresif Pay.
10. LIABILITY AND INDEMNITY
10.1 The Customer hereby agrees to indemnify and keeps the Bank indemnified against any action, claim, demand, expenses (including legal fees on a full indemnity basis) suffered or incurred by the Bank arising from the Customer’s access and/or use of the Progresif Pay save and except for such losses and damages directly caused by the Bank’s gross negligence or wilful misconduct including but not limited to:
a) use or misuse of the Progresif Pay or the content provided therein;
b) the Progresif Pay not being available due to system maintenance or breakdown/non-availability of any network; or
c) any failure by the Bank and/or Progresif to perform any obligation or observe any term of the Terms if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors, or any event outside the Bank’s control;
d) the Customer’s breach or non-observance of the Terms herein; and
e) infringement of rights of any third party in conjunction with the Customer’s use or access to this Progresif Pay.
11. FORCE MAJEURE
11.1 In the event that the Bank and/or Progresif are unable to perform any of its obligations under this Terms either in entirety or in part, by reason of causes beyond its reasonable control, including (but not limited to) malfunction/failure of equipment, computer systems, tele/data communications and services, fire, flood, explosion, acts of elements, acts of God, acts of terrorism, war, accidents, epidemics, strikes, lockouts, power blackouts or failure, labour disputes, regulatory requirements/demands, the performance of the Bank’s and/or Progresif obligations shall be suspended for so long as the disabling events shall persist and the Customer agrees not to hold the Bank’s and/or Progresif liable for any delay, loss, damage or inconvenience howsoever caused in connection with any of the disabling events as aforementioned.
12. MISCELLANEOUS
12.1 The Customer agrees that the Bank and/or Progresif are at liberty to vary any of the Terms including any change in prescribed fees with prior notice to the Customer through any mode of communication deemed feasible by the Bank. The Customer further agrees that if the Customer continues to use the Progresif Pay and/or the services under the Progresif Pay after the date upon which any variation is to take effect (as specified in the notice), the usage of the Progresif Pay and/or the services under the Progresif Pay shall signify his/her acceptance to be bound by such variation.
12.2 The Customer agrees that if the Customer does not agree to any variation in this Terms, the Customer may terminate the Progresif Pay provided the funds in the Account have been fully utilised. Should the Customer elect to terminate the Progresif Pay, the Customer should inform Customer Care Hotline at 176 or 8330176.
12.3 The Customer is granted a non-exclusive, non-sub licensable, non-transferable, personal, limited license to install and use the Progresif Pay only on a Mobile device that the Customer owns or controls, solely for the Customer’s personal and lawful use and as expressly permitted herein.
12.4 The Bank shall be required to act in accordance with the laws and regulations operating in Brunei Darussalam and various jurisdictions which relate to the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons, entities or countries which may be subject to sanctions (“Regulations”). The Bank may take any action which it, in its sole and absolute discretion, considers appropriate to comply with the Regulations.
12.5 The Bank and Progresif will not be held liable for loss (whether indirect or consequential and including, without limitation, loss of profit or interest) or damage suffered by any party arising out of:
a) any delay or failure of the Bank and/or Progresif in performing any of its duties under this Terms or other obligations caused in whole or in part by any steps which the Bank and/or Progresif, in its sole and absolute discretion, consider appropriate to take in accordance with the Regulations; or
b) the exercise of any of BIBD’s or Progresif’s rights under this Terms.
12.6 If any of the Terms herein becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other term or condition shall remain intact.
12.7 No failure to exercise or enforce and no delay in exercising or enforcing on the part of the Bank’s and/or Progresif’s rights under any of the Terms or relating to any Account or services under the Progresif Pay shall operate as a waiver thereof nor shall it in any way prejudice or affect the Bank’s and Progresif’s rights afterwards to act strictly in accordance with the powers conferred on the Bank and Progresif under such Terms.
12.8 This Terms may, at the Bank’s and/or Progresif’s discretion, be translated into a language other than the English language. The Customer agrees that such translation shall only be for its convenience and in the event of any ambiguity, discrepancy or omission as between the English text and any translated text, the English text shall prevail.
12.9 Any and all notices to be given under this Terms must be communicated by post, facsimile transmission, electronic mail, through Progresif Pay or by online messages. If by post the notice will be taken to have been received within five (5) days after posting to the Bank to the postal address most recently notified by the Customer and if by facsimile transmission, electronic mail, through Progresif Pay or by online messages shall be immediately upon received by the Bank.
12.10 Where the Bank or Progresif introduces new services as part of the Progresif Pay the Bank and Progresif may provide them on supplementary terms which will be notified to the Customer in accordance with this Terms.
12.11 The Customer agrees that the any/all records kept by the Bank and Progresif shall be conclusive evidence of the Customer’s dealings with the Bank or Progresif in relation to the Progresif Pay.
12.12 The Customer agrees not to dispute the validity, accuracy or authenticity of any evidence of instructions and communications transmitted in any electronical form between the parties. The Customer further agrees that all such records shall be binding upon the Customer and that the Customer will not be entitled to dispute the validity or authenticity of the same.
12.13 The Customer agrees that all instructions and communications that meet the operating standards and requirements of the Bank shall be deemed to be as good as and given the same effect as written and/or signed documentary communications by the Bank.
12.14 Nothing in the Terms shall affect any right of set-off or combination which the Bank has in relation to any Accounts which the Customer accesses through Progresif Pay.
12.15 A person who is not privy to the Terms shall not have any rights under the Terms.
12.16 The Customer agrees that the Progresif Pay is strictly to be used to purchase products and/or services which are not prohibited by Shariah principles as determined by the Bank’s own Shariah Advisory Body. The lists of the products/services are not exhaustive and may vary from time to time and currently include:
a) Alcoholic beverages;
b) Tickets to nightclubs, pubs, escort and dating services; and
c) Any product associated with gambling transactions.
13. GOVERNING LAW AND JURISDICTION
13.1 The Terms shall be governed by and construed in accordance with the Laws of Brunei Darussalam.
13.2 The Customer agrees to submit to the exclusive jurisdiction of the Courts of Brunei Darussalam for any disputes/matters pertaining hereto.
PART B: SPECIFIC TERMS AND CONDITIONS
This Specific Terms and Conditions are to be read together with the Standard Terms and Conditions for the services offered.
A. PROGRESIF PAY CO-BRANDED VIRTUAL PREPAID MASTERCARD (“Progresif Pay Co-branded Virtual Prepaid card”)
The Customer acknowledges that in applying for Progresif Pay Co-branded Virtual Prepaid card, the Customer agrees to be bound by the following terms and conditions (“the Terms”):
1. PROGRESIF PAY CO-BRANDED VIRTUAL PREPAID CARD
1.1 The Cardholder acknowledges that Validity Period of the Progresif Pay Co-branded Virtual Prepaid card is one (1) year from the date of its issuance and will be renewed automatically unless the Cardholder notifies the Bank that the Cardholder does not wish to have the Progresif Pay Co-branded Virtual Prepaid card renewed. In the absence of any such notification, any available balance in the Account will be automatically transferred into the new Pay Co-branded Virtual Prepaid card.
1.2 The Cardholder acknowledges that the use of the Progresif Pay Co-branded Virtual Prepaid card shall also be subject to the Terms of Use issued by the relevant Card Scheme. In using the Progresif Pay Co-branded Virtual Prepaid card, the Cardholder shall be deemed to have accepted the Terms of Use.
2. TRANSACTIONS
2.1 By having a Progresif Pay Co-branded Virtual Prepaid card, the Cardholder may perform any of the following transactions:
a) Purchase goods and/or services:
i. From any of the Bank’s and Progresif’s participating Merchants;
ii. From any online Merchants which accept the relevant Card Scheme as a mode of payment.
b) Perform transfers between:
i. One Progresif Pay Co-branded Virtual Prepaid card to another Progresif Pay Co-branded Virtual Prepaid card; and
ii. A Progresif Pay Co-branded Virtual Prepaid card to a Virtual Card or vice versa;
c) Perform payment of bills, online transaction and perform top-ups;
d) Purchase, reload (cash deposit to Virtual Card) and Withdrawal (from the Progresif Pay Co-branded Virtual Prepaid card);
e) Perform cash withdrawals at any of the Bank’s ATMs situated in Brunei Darussalam; and
f) Any other Services which the Bank and Progresif may make available to the Customer from time to time.
2.2 The Cardholder acknowledges that the Progresif Pay Co-branded Virtual Prepaid card is a prepaid card. Subject to the Spending Limits, the Cardholder can use the Progresif Pay Co-branded Virtual Prepaid card to effect transactions proportionate to the value stored in the Cardholder’s Progresif Pay Co-branded Virtual Prepaid card.
2.3 The Cardholder acknowledges that in order to effect transaction through the Cardholder’s Mobile device, a sufficient internet connectivity is required.
2.4 The Cardholder undertakes to maintain sufficient funds in the Account at all times to meet any/all transactions to be made by the Cardholder. The Cardholder acknowledges that if there is insufficient balance in the Account, the transaction effected by the Cardholder will be declined.
2.5 In order to effect any transaction, the Cardholder must at the time of purchase, provide all the requested information and validation including Biometrics identification for authorization of the transaction by confirming and accepting the details of the transaction in the manner prescribed in the Progresif Pay.
2.6 The Cardholder acknowledges that the Cardholder shall be solely liable for any/all transactions effected through the Progresif Pay Co-branded Virtual Prepaid card. The Cardholder accepts that the Bank shall not be obliged to verify the validity of any transaction.
2.7 As and when notified by the Bank and/or Progresif, the Cardholder may be entitled to avail of certain rewards, benefits and/or privileges offered by either party or both parties in connection with the transactions effected by the Cardholder by way of the Progresif Pay Co-branded Virtual Prepaid card.
3. MISUSE OF PROGRESIF PAY CO-BRANDED VIRTUAL PREPAID CARD AND DISPUTE WITH MERCHANT
3.1 The Cardholder is advised to exercise reasonable precaution at all times to prevent fraud, unauthorised and/or misuse of their Progresif Pay Co-branded Virtual Prepaid card.
3.2 In the event the Cardholder suspects or discovers any discrepancies or if the Co-branded Virtual Prepaid card may have been fraudulently used or compromised in any manner, the Cardholder should immediately notify and block the Progresif Pay Co-branded Virtual Prepaid card through the Customer Care Hotline at 176 or 8330176.
3.3 The Bank will not make any refunds to the Cardholder in the event the Cardholder is dissatisfied with the quality, fitness-for-purpose or any aspects of the products/services provided and/or any fraudulent acts or misrepresentations made by the Merchant. The Cardholder acknowledges that the Bank will not be obliged to investigate or offer any form of assistance in settling any form of disputes with the Merchants. All disputes in relation to the transaction effected by using the service shall be resolved between the Merchant.
3.4 In the event the Cardholder claims for any refunds, the Bank has the sole discretion to decide whether the Cardholder is entitled to such refunds after concluding its own internal investigations into the validity of the claims submitted.
B. QUICKPAY SERVICES
The Customer acknowledges that in availing of the QuickPay services offered by the Bank, the Customer acknowledges and agrees to be bound by the following terms and conditions (“the Terms”).
1. The QuickPay services can be used at any dedicated participating QuickPay Merchants to make payments.
2. The Customer agrees that the Bank shall not be held liable or responsible for any loss or damage incurred by the Customer for non-delivery of the goods and/or services by the Merchant.
3. The Customer acknowledges that in the case of compromised transaction, the Customer must resolve the dispute directly with the Merchant. The Bank may as it deem fit, carry out investigation or offer assistance in the settling of the dispute with the Merchant.
4. In the event the Cardholder claims for refund from the Merchant, the Bank has the sole discretion to decide whether the Customer is entitled to such refunds after concluding its own investigations into the validity of the claims submitted. The Bank’s decision from such investigation shall be absolute and final.
5. The Customer acknowledges that for every transaction, the Cardholder will receive an electronic receipt indicating the details of the transaction for which no signatures will be required. There will be no printed transaction slip. The Customer agrees that the electronic receipts shall form conclusive and binding proof that the transaction was properly effected.
6. The Customer undertakes to maintain sufficient funds in his/her Account at all times to meet any/all transactions effected using the QuickPay services. If the Customer’s Account or the Progresif Pay Co-branded Virtual Prepaid card is overdrawn, the Customer shall immediately, upon the Bank’s demand, make good the amount overdrawn.
7. The Customer authorizes the Bank to debit the Customer’s designated Account for the amount of the transaction(s) effected through the QuickPay services.
C. PROGRESIF PAY TAP AND PAY
The Customer acknowledges and agrees that in availing of the Progresif Pay Tap and Pay offered by the Bank and Progresif, the Customer agrees to be bound by the following terms and conditions (“the Terms”) which shall govern the use of NFC as a mode of payment through the Progresif Pay.
1. ELIGIBILITY
1.1 In order to avail the Tap and Pay, the Customer must have registered and activated the Tap and Pay in the Customer’s Progresif Pay.
1.2 The Customer hereby acknowledges that Tap and Pay only supports Android Mobile devices which have their NFC enabled.
2. USAGE OF TAP AND PAY SERVICES
2.1 Tap and Pay, Token and PIN
2.1.1 To enable the Tap and Pay, the Customer will need to activate the NFC feature on their Mobile device before the Customer can enroll Customer’s Progresif Pay Co-branded Virtual Prepaid card into Progresif Pay.
2.1.2 The Customer may enroll their Progresif Pay Co-branded Virtual Prepaid card, provision and store them electronically into the Tap and Pay as a Token in accordance with the instructions provided to the Customer in the Progresif Pay. The Customer acknowledges and agrees that the Bank may determine the type of Card(s) that may be converted into a Token at its sole and absolute discretion.
2.1.3 The Customer will be asked to create a PIN to enable their Tap and Pay. Upon successful enrolment of the Customer’s Progresif Pay Co-branded Virtual Prepaid card, they will be provided with Token(s) which shall include the Customer’s Card information for each Token(s) and will be transmitted to and stored into their Mobile device.
2.1.4 The Token is bound and are limited to the Mobile device that the Customer is currently using. The Customer’s Progresif Pay Co-branded Virtual Prepaid card can only be enrolled/provisioned in one Mobile device at one time. In the event the Customer changes their Mobile device, they must disable the enrolled Progresif Pay Co-branded Virtual Prepaid card in the existing Mobile device for security reasons. The Customer shall be solely liable for any/all unauthorised transactions by any unauthrorised person(s) as a result of the Customer’s failure to disable the Progresif Pay Co-branded Virtual Prepaid card.
2.2 Transactions
2.2.1 The Tap and Pay enables the Customer to use their Mobile device to make contactless payments however the Customer must not exceed the prescribed Spending Limit(s) from their Account and/or Progresif Pay Co-branded Virtual Prepaid card or such other limit as may be determined by the Bank from time to time. Should the Customer’s Account be overdrawn, the Customer shall immediately, upon the Bank’s demand, make good the amount overdrawn.
2.2.2 The Customer shall not permit any other person from accessing and using their PIN to make any transaction. The Customer hereby agree that any/all transactions effected via Tap and Pay by the Customer shall be final, irrevocable and binding to the Customer including but not limited to unauthorised transactions effected using their Mobile Token, Mobile device and/or wallet PIN.
2.3 Security
2.3.1 The Customer shall keep their PIN and any/all credentials on their Mobile device secure and confidential at all times.
2.3.2 The Customer shall do all that is necessary to keep the PIN safe and prevent fraudulent or unauthorised access to or use of their Token and take all reasonable steps to fully understand the use of TAP and Pay, including the use of Tokens and PIN in their Mobile device.
2.3.3 The Customer shall immediately notify the Customer Care Hotline at 176 or 8330176 and followed by a written confirmation, as soon as the Customer:
a) suspects or become aware that the PIN or Mobile device is lost, stolen, misused or tampered with;
b) suspects or become aware that a third party is aware of the PIN; and
c) suspects or become aware that there has been unauthorised use of PIN, Mobile device or Token.
2.3.4 The Customer acknowledges and agree that until the Bank receives from the Customer notification of such misuse, loss, theft, tampered or disclosure of the Token, Mobile device and/or PIN, the Customer shall be responsible for all/any unauthorised transactions made using their Token.
D. PROGRESIF SERVICES
1. The Customer acknowledges that an active Mobile Line is required to avail of the Progresif Pay.
2. All/any terms and conditions and/or agreements in relation to the Mobile Line and Progresif services agreed to/be entered into between Progresif and the Customer shall be treated separately to the Terms herein.
3. The Customer furthers agrees that when the Customer terminates their registered Mobile line to the Progresif Mobile Line and ceases being a Progresif subscriber or when the Customer changes their Progresif Mobile LinePay, the Customer must inform Customer Care Hotline at 176 or 8330176 of such changes. The Customer’s failure to do so will render Progresif and BIBD harmless from any liability to the Customer for any direct or indirect consequences as a result of any unauthorized use or fraudulent activity.
These are Progresif’s terms & conditions for customers who have registered and are approved as our RE-Charge Partners (“Affiliate”) as part of Progresif’s Affiliate Program for Progresif’s RE-Charge E-Top Up System. In particular, these terms & conditions govern the Affiliate’s use of RE-Charge features in the Progresif Care+ App.
These terms and conditions, together with the Progresif Care+ App Terms & Conditions and the terms applicable to the Mobile Prepaid 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.
For the purposes of these Terms & Conditions “E-Top Up (Electronic Top Up)” means prepaid top up vouchers of any denomination done electronically, with options and with a pre-determined period of validity. “E-Top Up” shall be referred to as “prepaid vouchers” herein.
Registration
- To be eligible to become an Affiliate, Progresif requires that the customer should:
a. apply and provide the required personal information to Progresif; and
b. have and/or maintain an active prepaid mobile line.
- The Affiliate can create a 6-character code (“Affiliate Code”) and have access to the Affiliate dashboard (“the Affiliate Account”) subject to Progresif’s approval and verification.
- By signing up to Progresif’s Affiliate Program, you consent to your personal data being collected, used and/or disclosed to or by Progresif for the purposes of the Affiliate Program and where such disclosure is deemed necessary in compliance with any statutory or legal obligations imposed upon Progresif by any relevant authorities.
Use of Affiliate Account
- The Affiliate can purchase prepaid vouchers from Progresif through the Affiliate Account at the Affiliate exclusive price rate for the purposes of reselling.
- Progresif reserves the right to alter the prices or the nature of the prepaid vouchers from time to time without notice to the Affiliate.
- “Reselling” means the Affiliate can send prepaid vouchers to other Progresif subscribers electronically through the Affiliate Account on their own terms (“Sale”).
- The Affiliate must make at least ten (10) Sales per month in the minimum amount of BND5.00 per Sale to any Progresif subscriber.
- The Affiliate can call Progresif’s Customer Care Line at 177 (5) for support in respect of their Affiliate Account during Progresif’s working hours.
- If you allow any other person to access or use the Affiliate Account, you agree to be responsible for:
a. Ensuring that such person complies with these Terms and Conditions; and
b. The actions, omissions and defaults of such person in relation to the Affiliate Account.
Affiliate’s Obligations
- The Affiliate is obligated to protect information collected from Progresif subscribers who buy prepaid vouchers from them and are not authorized to disclose subscribers’ personal information to any party or entity for any purposes.
- The Affiliate shall also secure the safety, integrity and confidentiality of Progresif information.
- The Affiliate shall immediately and not later than 24 hours from discovery notify Progresif at Progresif’s Customer Care Line at 177 of any breach in security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to customer data. The Affiliate shall further help Progresif with the investigation.
Disputes on Transfers
- Transactions made by an Affiliate will be considered final and will not, in any way, be reversed by Progresif should the Affiliate transfer it to a wrong mobile phone number.
- Progresif also shall not reimburse the Affiliate for any wrongly purchased prepaid vouchers or wrongly sent prepaid vouchers.
Termination
- Should the Affiliate fail to comply with the Terms & Conditions provided herein or should Progresif decide that the Affiliate’s use of the Affiliate Account is or may be detrimental to Progresif, its subscribers, or the public in general, the right to use the Affiliate Account shall be suspended or terminated.
- Should the Affiliate wish to cancel their Affiliate account, the Affiliate can call our customer support at 177 to cancel the same.
- In the events of termination Clause 15 and 16 above, no refunds for any purchases shall be provided to the Affiliate.
Exclusion from Liability
- Progresif shall not be liable for any loss, costs, compensation, damage or liability to the Affiliate or third party arising directly or indirectly as a result of any or all of the following:
a. The Affiliate is unable to perform or complete any transaction through the use of the Progresif Care+ app due to the service/system/line unavailability;
b. Any delay, interruption or termination of Progresif’s mobile services whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond Progresif’s control (including but not limited to acts of God, strike, lightning, interference or damage by third parties or any change in legislation);
c. Any loss, costs, damages payable to any third party by the Affiliate.
- The Affiliate shall indemnify Progresif against claims, losses and expenses arising out of breach of any agreement between the Affiliate and any Progresif subscribers.
Limitation of Liability
- Subject always to the exemptions and exclusions set out in Clause 20 above, in the event of any action that the Affiliate may file against Progresif, the Affiliate agrees that Progresif’s liability to the Affliate in contract and in tort shall not exceed the sum of BND300.00 at any given time.
Fraudulent and Unauthorized Use
- If the Affiliate or any other person, at the sole discretion of Progresif, is found to be using the Affiliate Account for any fraudulent purpose or illegal activity or is found to use abusive and/or indecent language to other Affiliates, partners, subscribers or Progresif staff, Progresif reserves the right to immediately suspend or terminate the Affiliate Account without prior notice and/or refuse to reconnect the account. Progresif also reserves the right to file the appropriate legal action against the Affiliate or person concerned.
- The Affiliate shall be liable to Progresif for any and all compensation fees on account of any of the above unauthorized activities and unauthorized commercial use of the Affiliate Account.
General
- If any of the terms contained in these Terms & Conditions are held to be invalid or unenforceable in whole or in part, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.
- Failure by either party to exercise or enforce any right conferred by these Terms & Conditions 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 & Conditions.
- 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.
- You may not transfer or assign any of your rights and responsibilities under these Terms & Conditions.
- These Terms & Conditions shall be subject to and construed in accordance with the laws of Brunei Darussalam and you hereby submit to the exclusive jurisdiction of the courts of Brunei Darussalam.
Progresif Refer a Friend Terms and Conditions
- The Progresif Refer a Friend Program (hereafter referred to as “Program”) is valid until 31st March 2022 (“Promotion Period”) unless specified otherwise. Under the Program, a Progresif prepaid, postpaid and Progresif Fibre subscriber (“Referrer”) who has successfully referred a friend (“Referee”) to sign up for selected Progresif mobile postpaid and Progresif Fibre services are both eligible for the referral rewards as below (“Rewards”):
Service | Conditions | Rewards |
New sign-up or port-in to a Progresif mobile postpaid and/or Progresif Fibre plan |
· Applicable only to the following mobile postpaid (contract & non-contract) plans: MORE6, MORE15, MORE 20 and MORE35 plans.
· Applicable only to the following Progresif Fibre (contract & non-contract) plans: 50/1TB, 100/550GB, 100/1TB, 100/1.5TB, 200/2TB, 200/2.5TB, ZOOM50 and ZOOM 100 plans
· Applicable to online sign ups only |
· For Referrer: BND20.00 bill rebate (if referrer is a prepaid mobile user, referrer will receive BND20.00 in prepaid credit)
· For Referee: BND20.00 bill rebate |
Illustrations:
Prepaid referring Postpaid or Fibre:
- Referrer will receive BND20.00 in prepaid credit
- Referee will receive bill rebate of BND20.00
Postpaid/Fibre referring Postpaid or Fibre
- Referrer will receive bill rebate of BND20.00
- Referee will receive bill rebate of BND20.00
- Progresif staff are eligible to participate in the Program using their non-staff plans only i.e., staff plans are not eligible for the Rewards as defined above.
- An existing subscriber of Progresif may obtain a unique personal Referral Code (“Referral Code”) by registering for the Progresif Affiliate program on Progresif’s Care+ app.
- The Referrer may provide the Referral Code to friends or family. The Referrer must be mindful not to send unwanted spam messages and only send direct messages inviting people to use the Referral Code to subscribe to Progresif’s services to people the Referrer knows or believes may be interest in subscribing to Progresif’s services. The Referrer is responsible for ensuring that any person to whom a direct message is sent consents to receiving that message.
Spamming is strictly not allowed. Spamming is where the Referrer repeatedly posts their Referral Code with no intent or positive value other than to disseminate their referral code. This includes but is not limited to posting Referral Codes on Progresif’s Instagram and any other third-party website or any other third-party website or page of which the Referrer is not an owner of.
- In order for both the Referrer and the Referee to be eligible to receive the Rewards under the Program, the Referee must:
5.1 be an individual who is not the Referrer and who is:
5.1.1 not currently a subscriber of Progresif postpaid mobile or Progresif Fibre services;
5.1.2 an existing Progresif subscriber who wishes to sign up for a new postpaid mobile plan or fibre plan; or
5.1.3 an existing Progresif subscriber who wishes to upgrade their existing postpaid mobile or fibre plan.
5.2 sign up for the Service online on Progresif webstore; and
5.3 use the Referral Code; and
5.4 the sign up must be successful subject to registration requirements applicable for the relevant Service.
- A referral will be considered successful and eligible for the Rewards only when the referral is complete and the Referee has successfully signed up online to a new Progresif service subject to Progresif’s approval and verification procedures.
- Once the orders are successfully closed, the Referrer and Referee will receive their Rewards as follows:
Service | Method |
For Mobile Postpaid & Progresif Fibre Contract plan
|
For the prepaid Referrer: The BND20.00 prepaid credit will be paid to the Referrer’s prepaid account once the Referee’s order has been verified, paid and activated.
For the avoidance of doubt, the payout of this reward will not extend the extending validity of the Referrer’s prepaid balance.
For the postpaid/fibre Referrer: The BND20.00 bill rebate will take effect on the Referrer’s existing bill once the Referee’s order has been verified, paid and activated.
For the postpaid/fibre Referee: The BND20.00 bill rebate will take effect on the Referee’s existing bill once the Referee’s order has been verified, paid and activated.
|
For Mobile Postpaid & Progresif Fibre Non-Contract plan
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For the prepaid Referrer: The prepaid credit will be paid to the Referrer’s prepaid account within two (2) billing cycles from the date the Referee’s order has been verified, paid and activated.
Illustration: if the Referee’s plan is activated on 13th October, the Referrer will receive the prepaid credit payout on 1st December.
For the postpaid/fibre Referrer: The BND20.00 bill rebate will take effect on the Referrer’s second bill from the date that the Referee’s order has been verified, paid and activated.
Illustration: if the Referee’s plan is activated in October, the Referrer will receive the bill rebate on their December bill.
For the postpaid/fibre Referee: The BND20.00 bill rebate will take effect on the Referee’s second bill from the date that the Referee’s order has been verified, paid and activated.
Illustration: if the Referee’s plan is activated in October, the Referee will receive the bill rebate on their December bill.
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- The Rewards are granted on a per line basis.
- The Referrer shall not solicit referrals by coercing or misleading the Referee with untruthful or inaccurate representations of Progresif of any kind.
It should be clear to any layperson that the Referrer, in sharing their Referral Code and information about Progresif is not an employee or official representative of Progresif. The Referrer shall not attempt to insinuate that they are affiliated with Progresif in any way.
The Referrer shall not sell or offer Referral Codes on any third-party website.
- If Progresif believes that any referral is illegitimate or fraudulent, Progresif reserves the right to disqualify and remove the benefits from relevant individuals.
- Progresif may suspend, change, or cancel this program at any time, without notice. Progresif reserves the right to suspend or terminate any subscriber’s participation in this Program for fraud, abuse, misuse, harassment, or other inappropriate or suspicious activity.
- The Referrer shall indemnify Progresif and/or its affiliates against all losses, damages, claims and/or other liabilities suffered thereby arising from the provision of any false or wrong information to Progresif, the breach of any of these terms and conditions and their participation in the Program.
- Progresif shall not be liable for any loss or damage in connection with the Program, including any error in computing any changes, any breakdown or malfunctions in any system or equipment, Progresif assumes no responsibility for lost, late, misdirected, damaged, incomplete and/or illegible forms or any mode of communications.
- Progresif’s decision on all matters relating to the Program is final, conclusive and binding. No appeal or correspondence will be entertained or accepted by Progresif. Progresif shall not be obliged to give any reason or enter into any correspondence with any person on any matter concerning the Program.
- Progresif reserves the sole and absolute right to withdraw, amend and/or alter these Terms and Conditions at any time without giving any prior notice to you. The Referrer agrees that the display of the revised terms and conditions on the Progresif website will constitute notice of the changes. The Referrer’s continued participation in the Program will constitute acceptance of the revised terms and conditions.
- These Terms and Conditions shall be governed by the laws of Brunei Darussalam and parties agree to be bound by the exclusive jurisdiction of the courts of Brunei Darussalam.
Progresif “Seven Wonders Giveaway” Terms and Conditions.
By participating in the “Seven Wonders Giveaway” Campaign (“the Campaign”), participants agree to be bound by and comply with these terms and conditions (T&Cs) and any amendments, additions, replacements, variations and modifications by Progresif which shall be final and binding.
Eligibility
- Progresif staff members shall not be eligible to participate in the Campaign.
- Progresif accepts no responsibility for entries not successfully completed due to technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
Campaign
- To be entitled to an entry into the Campaign, the participant must sign up, re-contract or upgrade to a Mobile Postpaid or Fibreat Progresif stores or webstore throughout the Campaign Period. Prepaid subscribers are also eligible to an entry upon purchasing Top-Up worth a total of BND100.00 throughout the Campaign Period. Participants are entitled to more than one (1) entry into the Campaign as follows:
Sign-ups, re-contracts or upgrades to any Mobile Postpaid plan on minimum 12-month contract inclusive of Mobile bundle plans | 1 entry |
Sign-ups, re-contracts or upgrades to a Progresif Fibre plan on 18-month contract | 2 entries |
Sign-ups, re-contracts or upgrades to a Fibre Bundle plan on 12-month contract (inclusive of Fibre & MORE bundle, Fibre & Just Data bundle, Fibre, MORE & Just Data bundle, Fibre Device bundles) | 2 entries |
Every BND100.00 spend on add-ons | 1 entry for every BND100.00 spend |
Every BND100.00 spend on top-up | 1 entry for every BND100.00 spend |
- The Campaign duration will be ongoing from 1st August 2023 – 31st October 2023.
- The main campaign prizes consist of all-inclusive travel packages for 2 (two) persons to possible destinations of 1) Taj Mahal, India 2) The Great Wall, China 3) Petra, Jordan 4) Great Barrier Reef, Australia 5) Pyramids of Giza, Egypt 6) Colosseum, Italy or 7) Grand Canyon, USA.
- The destination of the travel package will be allocated to the winner by random draw.
- The travel package includes flight tickets, hotel accommodation and one-day tour and transport to the allocated Wonder of the World site.
- The selection process for the prize shall be on a random computerised basis organized by Progresif.
- The winner shall be notified by phone, SMS and/or published on our social media pages shortly after the end of the Campaign period.
Use of Subscriber Information
- By entering the Campaign, participants agree and acknowledge that all personal data submitted may be collected, processed, stored, disclosed or otherwise used by Progresif and its affiliates for the purposes of conducting and administering the Campaign.
- Progresif reserves the right to publish the names of winners including other details that are deemed necessary for the purposes of this Campaign on any of Progresif’s social media platforms.
General
- In the event that Progresif is not able to contact the winner after using reasonable efforts to do so, the winner shall be deemed to have waived their prize and Progresif reserves the right to withdraw the prize entitlement and award the prior to a reserve drawn at the same time as the original.
- Prizes must be accepted as offered by the named winner. If the winner is not present during the prize collection, the winner would need to share the details of the representatives prior to collecting.
- Progresif reserves the right to verify winners and request for proof of identity, age, and address and to withdraw prize entitlement, where there are reasonable grounds to believe there has been a breach of these terms and conditions.
- Progresif reserves the right to substitute a prize with an alternative should circumstances outside its control deem it necessary.
- While the prize for the winner is non-exchangeable and no cash alternative is offered, it is transferrable at the winner’s discretion. Progresif expressly disclaims any warranties, express or implied, in connection with any prize to the fullest extent permitted by applicable laws. The prizes may be subject to additional terms and conditions and winners agree to comply with all the terms and conditions applicable to the prizes.
- Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. Progresif reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these terms and conditions or the spirit of the Campaign.
- The decision of Progresif regarding any aspect of the campaign is final and binding and no correspondence will be entertained under any circumstances. In the event of a dispute, any individual’s entitlement to participate in the Campaign and any person’s entitlement to the rewards shall be subject to our sole discretion and final determination.
- Progresif shall not be held liable to participants against any losses, damages, costs, expenses claims or liabilities of any kind arising in connection with his or her participation in this Campaign.
- Progresif reserves the right to amend these terms and conditions at any time, prospectively or retrospectively, at its discretion and without prior notice. Continued participation in this campaign will constitute acceptance of these terms and conditions and any amendments thereof.
Last updated: 16 August 2023