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Legal Terms & Conditions For:
 

TO CUSTOMERS OF PROGRESIF CELLULAR 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.

Progresif Copper Home WiFi Terms and Conditions

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.

1. 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.

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 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.

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. 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 Service.

4. Contract Period

4.1 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.
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.

5. 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.

6. 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.

7. 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.

8. Relocation

8.1 For an application for the relocation of the Services, the Subscriber acknowledges that any relocation is subject to: –
8.1.1 Availability of such Service at the Subscriber’s new premises; and
8.1.2 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;
8.1.3 PROGRESIF will not be liable for any direct or indirect losses or damages arising from service disruption during the relocation process;
8.1.4 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.

9. Fees and Charges, Deposit, Payment Terms

9.1 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.

9.2 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.

9.3 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.

9.4 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.

9.5 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.

9.6 The late payment fee shall be added to the Subscriber’s official bill statement in the following month.

9.7 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.

9.8 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).

10. Billing

10.1 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.

10.2 PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.

10.3 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.

10.4 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.

11. Suspension and Termination

11.1 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.

11.2 Accounts may only be temporarily suspended for a maximum period of twelve (12) months.

11.3 For each suspended line, the Subscriber will be charged a flat fee of BND $ 25.00 for each suspended line.

11.4 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:

11.4.1 If any technical failure occurs in the Service;
11.4.2 While the Service is being upgraded, modified or maintained;
11.4.3 If the Subscriber breaches any clause in these T&Cs;
11.4.4 If the Subscriber fails to make payment of billed charges within the stipulated credit terms.
11.4.5 If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
11.4.6 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.

11.5 In the event of termination relating to clause 11.4.3, 11.4.4, 11.4.5 and 11.4.6, the Subscriber shall pay for:
(i) all fees for the agreed duration of the Contract Period;
(ii) any outstanding amount of the Fixed Broadband plan chosen; and
(iii) any other accrued and outstanding charges and fees remaining unpaid up until the date of termination.

11.6 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.

11.7 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.

12. Reservations of Rights by PROGRESIF

12.1 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.

12.2 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.

12.3 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.

12.4 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.

12.5 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.

13. 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.

14. Subscriber’s Representations and Warranties

14.1 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.

14.2 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.

14.3 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.

15. Disclaimer

15.1 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.

15.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.

16. Limitation of Liability

16.1 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.

16.2 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.

16.3 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.

16.4 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.

Progresif Acceptable Data Use Policy
This Acceptable Data Use Policy (“Policy”) is in addition to the Terms and Conditions for Progresif Postpaid, Prepaid and Fixed Broadband services (the “Terms”). If there are any inconsistencies between the Policy and the Terms, the Policy will prevail.

This Policy relates to the subscriber’s use of applicable Progresif plans (if any, or that may be introduced by Progresif from time to time) that have network usage. If you, or anyone else using services via your account, breach this Policy, we may:

  • Give you notification to stop or moderate the unacceptable use(s)
  • Limit the data speed or volume of your services; or
  • Terminate or suspend your services, with or without notice as we consider necessary and appropriate.

1. Terms of Policy

Progresif Data Services is designed as a shared service and customers’ activities will impact on others using and sharing the same network. Therefore, we are implementing a policy that is designed to ensure fairness of usage and experience for all customers.

You shall not use the services in the following manner;

  • 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;
  • 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
  • Use the service/promotion to distribute content that has a copyright or other ownership protection

2. What about security?
You are responsible for ensuring that:

  • Security information remains confidential, so that the network cannot be used by any unauthorised person.
  • Your device is free from any virus and that it is protected with an anti-virus software.

The security information includes, but is not limited to, information controlling access to:

  • any equipment, computer hardware systems or networks;
  • any computer software or applications; or
  • any other services accessed by you in the use of either of the above.

You shall not disclose any security information to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which you do not have access rights.

You are responsible for taking all reasonable steps necessary to prevent a third-party obtaining access to the network

Please note that if you share access with others (for example, your neighbour), any downloads they make will be counted as your use and count towards any monthly download allowance or excessive usage.

3. What about usage by anyone else without you knowing?

You are responsible for all the use of the services through your account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. Progresif is not an agency that is responsible for the internet activities of each subscriber and you agree that we will not be responsible for any of your activities when using the network.

It is your 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:

If you use more than the allowance in the specified timeframe, we may give you a warning notification (by SMS, email or otherwise). Such warning notifications will be given when you have reached your bundle usage at 50%, 70% and 100%, so that you have ample notice to subscribe to a data add on pack, should you wish to do so.

For subscribers that are subscribed to plans (if any, or that may be introduced by Progresif from time to time) that have no capacity limit on network usage:

Your speed may be throttled to 512kbps when you have reached your subscribed usage.
If we feel your activities are excessive that other customers are detrimentally affected, we may give you a warning notification (by SMS, email or otherwise). If the levels of activity do not immediately decrease after the warning, we may terminate or suspend your services.

5. How do we measure your usage?

Progresif will monitor your usage every billing month. If you do activities that may lead to such high usage, we ask that you 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 our Policy.

You may view your data usage graph showing the previous four (4) months of your In-Plan Usage and Out of-Plan usage on your monthly e-bill statement. Please be in touch with our call centre 177 for any query on your usage.

6. Breach of Policy

You must immediately advise or notify Progresif if you become aware of any violation or suspected violation of this Policy.

In respect of subscribers who are in violation of the Policy, Progresif reserves the right in its sole discretion and without compensation or notification to the affected user, to regulate the volume of service or have your services suspended or terminated.

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.

1. 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.

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 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.

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. 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.

4. Contract Period

4.1 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.
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.

5. 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.

6. 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.

7. 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.

8. Fees and Charges, Deposit, Payment Terms

8.1 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.

8.2 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.

8.3 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.

8.4 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.

8.5 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.

8.6 The late payment fee shall be added to the Subscriber’s official bill statement in the following month.

8.7 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.

8.8 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).

9. 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.

10. 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.

10.3 For each suspended line, the Subscriber will be charged a flat fee of BND $ 25.00 for each suspended line.

10.4 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:

10.4.1 If any technical failure occurs in the Service;
10.4.2 While the Service is being upgraded, modified or maintained;
10.4.3 If the Subscriber breaches any clause in these T&Cs;
10.4.4 If the Subscriber fails to make payment of billed charges within the stipulated credit terms.
10.4.5 If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
10.4.6 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.

10.5 In the event of termination relating to clause 10.4.3, 10.4.4, 10.4.5 and 10.4.6, the Subscriber shall pay for:
(i) all fees for the agreed duration of the Contract Period;
(ii) any outstanding amount of the Fixed Broadband plan chosen; and
(iii) 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.

11. 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.

11.2PROGRESIF 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. Governing Law

This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.

Progresif Fixed Broadband Terms and Conditions

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.

1. 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.

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 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.

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. 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.

4. 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.

5. 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.

6. Relocation

6.1 For an application for the relocation of the Services, the Subscriber acknowledges that any relocation is subject to: –

6.1.1 Availability of such Service at the Subscriber’s new premises; and
6.1.2 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;
6.1.3 PROGRESIF will not be liable for any direct or indirect losses or damages arising from service disruption during the relocation process;

6.1.4 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.

7. Fees and Charges, Deposit, Payment Terms

7.1 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.

7.2 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.

7.3 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.

7.4 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.

7.5 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.

7.6 The late payment fee shall be added to the Subscriber’s official bill statement in the following month.

7.7 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.

7.8 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).

8. Billing

8.1 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.

8.2 PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.

8.3 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.

8.4 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.

9. Suspension and Termination

9.1 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.

9.2 Accounts may only be temporarily suspended for a maximum period of twelve (12) months.

9.3 For each suspended line, the Subscriber will be charged a flat fee of BND $ 25.00 for each suspended line.

9.4 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:

9.4.1 If any technical failure occurs in the Service;
9.4.2 While the Service is being upgraded, modified or maintained;
9.4.3 If the Subscriber breaches any clause in these T&Cs;
9.4.4 If the Subscriber fails to make payment of billed charges within the stipulated credit terms.
9.4.5 If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
9.4.6 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.

9.5 In the event of termination relating to clause 9.4.3, 9.4.4, 9.4.5 and 9.4.6, 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

9.6 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.

9.7 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.

10. Reservations of Rights by PROGRESIF

10.1 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.

10.2 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.

10.3 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.

10.4 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets

10.5 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.

11. 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.

12. Subscriber’s Representations and Warranties

12.1 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.

12.2 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.

12.3 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.

13. Disclaimer

13.1 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.

13.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.

14. Limitation of Liability

14.1 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.

14.2 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.

14.3 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.

14.4 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

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. Contract Period

4.1 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.
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.

5. Fees and Charges, Deposit, Payment Terms

5.1 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.

5.2 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.

5.3 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.

5.4 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.

5.5 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.

5.6 The late payment fee shall be added to the Subscriber’s official bill statement in the following month.

5.7 For a multiple lines plan (eg. Family Plan):
5.7.1 The Subscriber shall be eligible to set up multiple supplementary line holders as per the limits specified for the applicable plan;
5.7.2 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;
5.7.3 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;
5.7.4 PROGRESIF may impose a charge, in its sole discretion, for the termination of supplementary lines;
5.7.5 Should the Subscriber terminate his subscription, the Subscriber shall appoint a supplementary line holder to be the new principal account holder of the plan.

5.8 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.

5.9 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).

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. Suspension and Termination

7.1 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.

7.2 Accounts may only be temporarily suspended for a maximum period of twelve (12) months.

7.3 For each suspended line, the Subscriber will be charged a flat fee of BND $ 25.00 for each suspended line.

7.4. 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:
7.4.1 If any technical failure occurs in the Service;
7.4.2 While the Service is being upgraded, modified or maintained;
7.4.3 If the Subscriber breaches any clause in these T&Cs;
7.4.4 If the Subscriber fails to make payment of billed charges within the stipulated credit terms;
7.4.5 If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
7.4.6 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.

7.5 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.

7.6 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.

7.7 In the event of termination relating to clause 7.4.3, 7.4.4, 7.4.5 and 7.4.6, 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.

8. Reservations of Rights by PROGRESIF

8.1 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.

8.2 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.

8.3 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.

8.4 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.

8.5 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.

8.6 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.

9. 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.

10. Subscriber’s Representations and Warranties

10.1 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.

10.2 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.

10.3 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.

11. Disclaimer

11.1 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.

11.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.

12. Limitation of Liability

12.1 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.

12.2 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.

12.3 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.

12.4 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

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. Fees and Charges, Deposit, Payment Terms

4.1 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.

4.2 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.

4.3 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.

4.4 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.

4.5 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.

4.6 The late payment fee shall be added to the Subscriber’s official bill statement in the next following month.

4.7 For a multiple lines plan (eg. Family Plan):
4.7.1 The Subscriber shall be eligible to set up multiple supplementary line holders as per the limits specified for the applicable plan;
4.7.2 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;
4.7.3 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;
4.7.4 PROGRESIF may impose a charge, in its sole discretion, for the termination of supplementary lines;
4.7.5 Should the Subscriber terminate his subscription, the Subscriber shall appoint a supplementary line holder to be the new principal account holder of the plan.

4.8 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.

4.9 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).

5. Billing

5.1 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.

5.2 PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.

5.3 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.

5.4 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.

6. Suspension and Termination

6.1 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.

6.2 Accounts may only be temporarily suspended for a maximum period of twelve (12) months.

6.3 For each suspended line, the Subscriber will be charged a flat fee of BND $ 25.00 for each suspended line.

6.4 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:
6.4.1 If any technical failure occurs in the Service;
6.4.2 While the Service is being upgraded, modified or maintained;
6.4.3 If the Subscriber breaches any clause in these T&Cs;
6.4.4 If the Subscriber fails to make payment of billed charges within the stipulated credit terms;
6.4.5 If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
6.4.6 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.

6.5 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.

6.6 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.

6.7 In the event of termination relating to clause 6.4.3, 6.4.4, 6.4.5 and 6.4.6, the Subscriber shall pay for:
(i) any outstanding amount of the chosen plan; and
(ii) any other accrued and outstanding charges and fees remaining unpaid up until the date of termination.

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 Prepaid Mobile Terms and Conditions

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 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.

4.2 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.

4.3 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.

Progresif Care Mobile Terms and Conditions
This Service (as hereinafter defined) is made available by Progresif Cellular Sdn Bhd (“Progresif”) and by accessing the Progresif Care App (“App”), paying bills (e.g. post-paid bills) including but not limited to downloading software or digital content on the App, and any other services or products made available on the App by Progresif or from a Third Party from time to time. you hereby agree to be bound by these Terms and Conditions of the Service herein (“Terms and Conditions”) which shall form an integral part and to be read together with the terms and conditions of your mobile service offered relevant to you in respect of this Service.

Your use of the App, upon Activation, constitutes unconditional acceptance to be bound by these 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

1.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:

“Access Information”: Means certain information which we require from you before entering certain parts of the App in order to use the Services, which will be your mobile phone number and password;
“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 Cellular 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;
“Customer Service (CS)”: Means Progresif’s customer service available at the following: –
i. Our Customer Engagement Centre at 177 or at our Progresif Store locations around Brunei.
ii. All available social media channels that Progresif are subscribed to.
iii. Future services which may potentially be implemented for the purposes of customer service assistance.
“Phone Status”: Means your connection to Wi-Fi and/or end time of your phone call;
“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, making additional purchases and converting to e-billing for postpaid customers
ii. Checking your credit balance, usage and performing transactions such as reload, internet reload, subscribe to Internet Plan and credit transfer for prepaid 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.
2. Use of Service

2.1The 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 which are applicable to the products and services, which may be posted from time to time in connection with such products and services.
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.
2.4You shall not:
2.4.1 copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information acquired by you while using the Services or the App;
2.4.2 remove, change or obscure in any way anything on the App and/or the Services or otherwise use any material obtained whilst using the App and/or the Services except as set out in this Terms and Conditions; and
2.4.3 copy or use any material from the App and/or the Services for any commercial purposes, remove, obscure or change any copyright, trade mark or other intellectual property rights in the original material, or from any other material copied or printed from the App, or obtained as a result of using the Services.
2.5 You may log in to the App by the following manner:
2.5.1 via network login in which you will be able to login automatically once your device is connected on any network, provided there is available internet connection.
3 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;
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; and
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 the Services 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.
4. 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.
5. Personal Information

You agree that by using the Services, you are giving consent to Progresif that the information collected by Progresif from you (“Personal Information”) will be used and/or disclosed at our own discretion.
6. 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 allowed to use the App and the Services in the specific manners as set out in these Terms and Conditions, and nothing in the App and/or the Services shall be construed as conferring any license or other transfer of rights of any Progresif’s intellectual property to you
7. Disclaimer

7.1 This Service is provided on an “as is” and “as available” basis. Progresif disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:
7.1.1 availability, accessibility, timeliness and uninterrupted use of the Service; and
7.1.2 sequence, accuracy, completeness, timeliness or the security of any data, Content or information provided to you as part of the Service.
8. 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.
9. 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.
10. 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.
11. 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 uninstall the App from your mobile device. However, you are required to unsubscribe from each particular Service independently through other channels provided for the Service if you want to discontinue using the respective Service.
11.6 Progresif shall ensure the security of your communications, subject to any reasons beyond our control, where your communications may be unlawfully intercepted or accessed by those other than the intended recipient. Your communications may pass over third-party networks which we have no control over. There may be unwanted programs or materials downloaded without your knowledge, which may provide access and information stored on your mobile phone to any unauthorized persons.
12. 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 Website. By continuing to use this Service and App, you will be deemed to accept the varied Terms and Conditions.
13. 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.
14. 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.
15. Severability and Effect of these Terms and Conditions

If any of the provisions of these Terms and Conditions becomes invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
16. Processing your Instructions

16.1 You shall request and authorize us to rely and act upon all valid communications as instructions properly authorized by you, even if they may conflict with any other instructions given at any time concerning bill or Service requirements.
16.2 An instruction will only be accepted by Progresif if you have passed through either one (1) of the following security criteria:
16.2.1 Bank validation for payment via credit card / FPX
16.3 You agree that Progresif shall only proceed with your instruction in the App if all criteria for authorization in Clause 16.2 above have been fulfilled.
16.4 We will make reasonable efforts to process any instruction requested by you as Customers, but we shall not be liable for any failure to comply with such request unless it is due to Progresif’s failure to make reasonable efforts to do so.
16.5 You must ensure that any instruction given via the App is accurate and complete, and we are not liable for any loss and damages suffered by you in the event of inaccurate information.
16.6 A transaction being carried out is not always simultaneous with an instruction being given. You acknowledge that there are certain instructions which may only be processed during normal working hours, regardless of the accessibility time.
16.7 You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorized transaction, or you have acted fraudulently. For the purposes of this Clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
17. 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.
18. General Use

18.1 Governing Law and Jurisdiction
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 Waiver
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 Representations
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 Assignment
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.

Welcome to Progresif Media! Progresif Media offers video on demand service as well as Radio broadcasting. It is our pleasure to provide the services described below in accordance with the Terms of Use (“Terms”) and subject to the following conditions.

1. Definitions and Interpretations
Whenever use in this Terms with an initial capital letter, the terms in this clause 1 and elsewhere in this 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 our video service, audio service, the Content, 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” refers to, collectively, mobile applications, 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” means the mobile application which offers video on demand service and radio broadcasting.

1.5 “Progresif Media Account ID” means a unique identification account used to grant access to the Services.

1.6 “Unauthorised Content” means Content that has not been granted permission to be made available or uploaded elsewhere without consent by Progresif.

2. Description of Service and Acceptance of Terms

Progresif Sdn Bhd (“we,” “Progresif,” or “us”) provides 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, which incorporate by reference our Privacy Policy available at mobile applications and Progresif website (“Privacy Policy”) and any end user license agreement that might accompany the applicable Service. Therefore, by visiting, browsing, accessing or using any of the Services through any Access Points (including by visiting the Progresif website or by downloading or launching the Progresif Media mobile application) or via other services you accept and agree to the Terms as well as our Privacy Policy.

3. Changes to the Terms

We may need to make changes to the Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at the Terms regularly. Any material change to the Terms will be effective immediately after the revised Terms are posted on the Progresif Media website.

4. Access and Use of the Services

4.1 Access: You may use your Progresif Media account ID to log in.

4.2 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.

4.3 Your License: Progresif is 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 the 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 purchase, rent, or subscription.

4.4 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 the 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.

4.5 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).

4.6 VOD service: Progresif Media also provides Video on Demand Service. Progresif has the sole discretion of deciding the retail price of Content in both TVOD and SVOD Services.
a) TVOD: Certain Content of Progresif Media is made available on a transactional rental basis, where you may view specific Content over a limited period of time in exchange for payment of a one-time fee (“TVOD”). Immediately upon submission of the corresponding price of the Content you would like to rent from us, you shall have 30 calendar days to begin viewing the rented Content at Progresif Media. You shall have no more than 72 hours, from the time you active the rented Content by hitting “Play Now” button, to complete viewing of the Content.
b) SVOD: 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”). SVOD service can be purchased as a stand-alone or as an add-on subscription.

4.7 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 Point 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.

4.8 Compatible Devices: In order to access the Services, you will need to use a , mobile device, that meet the system and compatibility requirements that we establish on our FAQ (Frequently Asked Questions) of the Service at the mobile applications, the Progresif Media website, or other Access Points (each, a “Compatible Device”). 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.

4.9 Devices Registration: Up to two devices can be registered under one account. You can check currently registered devices under your account from “Settings” of the Service at the mobile applications, the Progresif Media website, or other Access Points. If the number of your registered devices is maximum (two registered devices) and you want to add a new device(s), you can remove the registered device(s) by hitting “Delete” button under “Settings”. However, you must wait for thirty days starting from its registered date to delete the registered device.

4.10 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.

4.11 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 or controlled by Progresif. The Services and the Content are protected by copyright, trademark, and other intellectual property laws
.
4.12 Your Responsibilities: Users shall faithfully observe the Services, Content and agree to use the Services for lawful, non-commercial, and appropriate purposes only, to ensure the safety and availability for all users. Users shall not use the Services that;
a. violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
b. uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Progresif Media (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);
c. involves accessing the Services (including the Content) through any automated means, including “bots”, “robots,” “spiders,” or “offline readers”;
d. introduces 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;
e. damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Progresif Media servers, computer network, or user accounts;
f. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
g.uses the Services to advertise or promote services that are not expressly approved in advance in writing by Progresif ;
h. collects information in violation of Progresif Media Privacy Policy;
i. encourage unlawful conduct or endanger the safety of the public;
j. violates these Terms, or any guidelines or policies posted by Progresif;
k. interferes with any other party’s use and enjoyment of the Services; or
l. attempts to do any of the foregoing.

If Progresif determines at its sole discretion that you are violating any of the Terms, we may first notify you or immediately use technical measures to block or restrict your access 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.

4.13 No Spam/Unsolicited Communications: You may not 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. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 8), share or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Progresif.

4.14 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. Progresif reserves 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 Progresif terminates 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 Section 5. You also agree that Progresif will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a Progresif Media subscriber and Progresif Media suspends or discontinues your subscription to the Services.

4.15 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, Customer Service, or Help on the Progresif Media mobile applications, email, 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 mobile application, the Progresif Media website, or other Access Points. You can check your current status and history of subscription and TVOD rentals at any time on your account related section of the Progresif Media mobile applications, the Progresif Media website, or other Access Points. Progresif reserves the right to change the terms of your subscription or TVOD rental, 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 Progresif Media service 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 Progresif Media 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. 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

Users 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 Progresif determines in its sole discretion 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 Progresif Media Privacy Policy available at Progresif Media mobile application, the Progresif website, or other Access Points. The Privacy Policy is incorporated by reference and made part of the Terms. Thus, by agreeing to the Terms, you agree that your presence on Progresif Media and use of the Services through any other Access Point are governed by the Progresif Media Privacy Policy in effect at the time of your use.

8. Disclaimer of Warranties, Limitation of Liability and Indemnity

The Services including, but not limited to, Progresif Media applications, 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. Progresif shall 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. Progresif, 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. If these laws apply to the user, some or all of the above disclaimers, exclusions, or limitations may not apply to you. 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. The user agrees 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 Progresif 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 Progresif to identify and locate the material; (iv) how Progresif 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. Progresif has 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 Center, Customer Service, or Help. 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. Limitation on Time to Bring a Claim

To help resolve any issues between us promptly, the Parties agree to bring any claim arising out of or relating to the Terms (including Progresif Media Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

13. General Information

13.1 International Use: We are limited by the rights that our content holders grant to us. Using technologies to access the Content from territories where Progresif does not have rights or that are not permitted by the terms of the Services that you subscribe to, rent, or purchase is prohibited.

13.2 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.

13.3 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 Section 14 is not applicable, you and Progresif agree to submit to the exclusive jurisdiction of the courts located in Brunei Darussalam.

13.4 No Waiver/Reliance: If you see other parties violating the Terms, we would appreciate it if you would let us know through our Customer Center, Customer Service or Help. Precisely how Progresif responds 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, Progresif 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 Progresif acts 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.

13.5 Integration, Amendment, Severability: Please note that the Terms, including Progresif Media Privacy Policy which is incorporated in the Terms and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement between you and Progresif and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that Progresif 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, you and we agree that the provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.

Please contact us at our Customer Center, Customer Service, Help or our email media@progresif.com if you have any further queries.

Progresif Pay Terms and Conditions
These Terms and Conditions (“the Terms”) shall apply to the Customer’s access and use of the Progresif Pay mobile App an App owned , developed and operated by Bank Islam Brunei Darussalam (“BIBD) and marketed by Progresif Cellular Sdn Bhd(“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
DEFINITION 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 .“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 on 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.
The headings of the Clauses are merely for reference and shall not be taken into consideration in the interpretation or construction of these Terms.
Words importing singular shall include the plural and vice-versa.
Words importing the masculine gender shall include feminine and neuter gender and vice versa.
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.
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.
REGISTRATION AND ELIGIBILITY
In order to avail of the Progresif Pay, the Customer must register and must meet the following eligibility criteria:
The Customer must be of fifteen (15) years of age and above;
The Customer must produce the original copy of their Identity Card/Passport which must be valid;
The Customer must have a registered Mobile Line; and
Such other prerequisite requirements as may be set by the Bank or the applicable relevant authority(ies) from time to time.
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.
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.
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
Login ID/Password
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.
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.
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.
Biometrics
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.
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:
The Bank’s right to retain the Biometrics for such period solely determined by the Bank;
Any unauthorised access and/or use of the Customer’s Mobile device;
And the use of the Biometrics for any purposes deemed necessary by the Bank.
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.
CHARGES AND SPENDING LIMITS
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.
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.
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.
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.
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.
DISCLOSURE OF INFORMATION AND PERSONAL DATA
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.
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.
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.
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.
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.
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.
INTELLECUTAL PROPERTY RIGHTS
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.
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.
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.
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.
PROGRESIF PAY TRANSACTION RECORDS
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.
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.
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.
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.
SUSPENSION, VARIATION AND TERMINATION OF PROGRESIF PAY
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.
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:
if the Customer commits a material breach of this Terms;
if the Customer faces bankruptcy proceedings or becomes a bankrupt;
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;
if the Bank discovers or has reasonable grounds to suspect that the Customer is in violation of any of the Terms; and
the transactions made by the Customer appears to be suspicious or fraudulent to the Bank.
if the Customer does not have an active Mobile Line.
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.
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.
DISCLAIMER
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.
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.
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.
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.
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.
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.
LIABILITY AND INDEMNITY
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:
use or misuse of the Progresif Pay or the content provided therein;
the Progresif Pay not being available due to system maintenance or breakdown/non-availability of any network; or
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;
the Customer’s breach or non-observance of the Terms herein; and
infringement of rights of any third party in conjunction with the Customer’s use or access to this Progresif Pay.
FORCE MAJEURE
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.
MISCELLANEOUS
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.
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.
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.
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.
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:
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
the exercise of any of BIBD’s or Progresif’s rights under this Terms.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A person who is not privy to the Terms shall not have any rights under the Terms.
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:
Alcoholic beverages;
Tickets to nightclubs, pubs, escort and dating services; and
Any product associated with gambling transactions.
GOVERNING LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with the Laws of Brunei Darussalam.
The Customer agrees to submit to the exclusive jurisdiction of the Courts of Brunei Darussalam for any disputes/matters pertaining hereto.
PART B: STANDARD TERMS AND CONDITIONS
This Specific Terms and Conditions are to be read together with the Standard Terms and Conditions for the services offered.

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”):
PROGRESIF PAY CO-BRANDED VIRTUAL PREPAID CARD
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.
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.
TRANSACTIONS
By having a Progresif Pay Co-branded Virtual Prepaid card, the Cardholder may perform any of the following transactions:
Purchase goods and/or services:
From any of the Bank’s and Progresif’s participating Merchants;
From any online Merchants which accept the relevant Card Scheme as a mode of payment.
Perform transfers between:
One Progresif Pay Co-branded Virtual Prepaid card to another Progresif Pay Co-branded Virtual Prepaid card; and
A Progresif Pay Co-branded Virtual Prepaid card to a Virtual Card or vice versa;
Perform payment of bills, online transaction and perform top-ups;
Purchase, reload (cash deposit to Virtual Card) and Withdrawal (from the Progresif Pay Co-branded Virtual Prepaid card);
Perform cash withdrawals at any of the Bank’s ATMs situated in Brunei Darussalam; and
Any other Services which the Bank and Progresif may make available to the Customer from time to time.
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.
The Cardholder acknowledges that in order to effect transaction through the Cardholder’s Mobile device, a sufficient internet connectivity is required.
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.
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.
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.
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.
MISUSE OF PROGRESIF PAY CO-BRANDED VIRTUAL PREPAID CARD AND DISPUTE WITH MERCHANT
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.
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.
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.
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.
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”).
The QuickPay services can be used at any dedicated participating QuickPay Merchants to make payments.
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.
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.
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.
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.
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.
The Customer authorizes the Bank to debit the Customer’s designated Account for the amount of the transaction(s) effected through the QuickPay services.
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.
ELIGIBILITY
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.
The Customer hereby acknowledges that Tap and Pay only supports Android Mobile devices which have their NFC enabled.
USAGE OF TAP AND PAY SERVICES
Tap and Pay, Token and PIN
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.
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.
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.
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.
Transactions
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.
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.
Security
The Customer shall keep their PIN and any/all credentials on their Mobile device secure and confidential at all times.
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.
The Customer shall immediately notify the Customer Care Hotline at 176 or 8330176 and followed by a written confirmation, as soon as the Customer:
suspects or become aware that the PIN or Mobile device is lost, stolen, misused or tampered with;
suspects or become aware that a third party is aware of the PIN; and
suspects or become aware that there has been unauthorised use of PIN, Mobile device or Token.
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.
PROGRESIF SERVICES
The Customer acknowledges that an active Mobile Line is required to avail of the Progresif Pay.
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.
Customer further agrees that when the Customer terminates or changes their registered Mobile line whether to Progresif or to any other mobile service provider, Pay, the Customer must inform Progresif 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.

Progresif “Win A Car” Lucky Draw Campaign Terms And Conditions
This Progresif “Win A Car” Lucky Draw Campaign (“Campaign”) is offered to Customers subject to the terms and conditions (“T&C”) set out below. This Campaign shall commence on the 18th September 2020 until 31st December 2020 (“Campaign Period”). These T&C shall apply to Customers participating in the Campaign for the Campaign Period.

ELIGIBILITY

1. The Campaign offers Customers the opportunity to receive prizes in accordance with the T&C during the Campaign Period.

2. The Customer shall be eligible to participate in the Campaign by way of:

a. Purchasing a Prepaid Starter Pack worth BND 10 through Progresif’s website, Progresif’s Enterprise team representative, any Progresif retail store and distribution channel. The Customer shall be given one (1) chance per new Prepaid Starter Pack sign-up to win prizes.

b. Purchasing an amount of BND 25 and above of top up (one time or accumulated per calendar month) for Prepaid Customers. The Customer shall be given one (1) chance per calendar month to win prizes.

c. Purchasing an additional 10GB (10GB Add-on and/or Upgrade 10GB and/or AddFam 10GB) one time or accumulated per calendar month for Postpaid Customers. The Customer shall be given one (1) chance per calendar month to win prizes.

3. Progresif Staff members and corporate customers shall not be eligible to participate in the Campaign.

4. The Customer shall maintain an active Progresif line until the draw period and a Brunei issued Identification Card to participate in the Campaign.

5. All Customers other than residential customers shall not be considered for this Campaign.

PRIZES

6. The Customer shall only be eligible to win one (1) consolation prize per month throughout the Campaign Period.

7. The Customer shall be given a chance to win a consolation prize and the grand prize for the duration of the Campaign Period.

SELECTION PROCESS

8. The selection process for the Campaign prizes shall be on a random computerised basis organized by Progresif.

9. A total of 101 winners shall be chosen on a randomised basis from the pool of eligible entries for the duration of the Campaign Period.

10. The winner(s) shall be notified by phone, SMS and/or published on our social media pages.

11. 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 platform.

12. In the event of a failure to contact the winners after reasonable efforts to do so, the winner selected shall be deemed to have waived their prize.

13. In the event of Clause 12, Progresif shall have the right to select another winner from the pool of eligible entries for the purpose of this Campaign.

Online Sales Service Terms & Conditions

This online sales service is provided to the Subscriber by Progresif Sdn Bhd (“Progresif”) subject to these terms and conditions (“T&Cs”). 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.

1. 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, with the exception of those listed above, are the same definitions found in the relevant terms and conditions of the product(s) being purchased by the Subscriber.

2. Delivery

2.1 Progresif shall endeavour to deliver the product(s) to the Subscriber within the next day of receiving the online order.

2.2 Progresif shall deliver the product(s) to the Subscriber only and Progresif shall ask for legal and valid identification to validate the identity of the Subscriber.

2.3 The Subscriber shall sign the relevant product(s) terms and conditions and warranty forms (if applicable) upon delivery of the product(s).

2.4 Should the Subscriber not have the required funds to complete the payment upon delivery, the product(s) shall not be transferred to the Subscriber until such payment is completed.

2.5 In the event of the Subscriber being unavailable, the product(s) will be sent to the nearest Progresif retail store for collection by the Subscriber.

2.6 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.

2.7 Deliveries can only be made on Mondays to Saturdays to the Brunei-Muara, Tutong and Belait districts only.

2.8 Upon the submission of the online sales order form by the Subscriber, the purchase shall be considered as final. No cancellations (including any proposal of exchanges or refunds) shall be accepted by Progresif once the online sales order form has been submitted by the Subscriber with the exception of the following circumstances:
2.8.1 In the event that port-in to Progresif has been rejected or failed;
2.8.2 In the event that Progresif is at fault for the non-delivery or non-functionality of the product(s) delivered.

3. Inspection of Goods

3.1 Upon receipt of the product(s), the Subscriber shall examine them for defects without undue delay.

3.2 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.

4. Indemnity

4.1 The Subscriber 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.

5. Subscriber’s Representations and Warranties

5.1 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.

5.2 By submitting the online sales order 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 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

6. Force Majeure

6.1 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.

7. Governing Law

7.1 This Agreement shall be governed by and construed in accordance with the laws of Brunei Darussalam.