Terms & Conditions for Ding!

Progresif Sdn Bhd is approved by the Brunei Darussalam Central Bank (“BDCB”) under the Notice No.PSO/N-1/2020/1 On Requirements for Payment Systems as a payment service operator to carry on the business of account issuance services, merchant acquiring services and e-money issuance service (approval no. PS-004).  

These Terms & Conditions stated herein governing the use of the Progresif Wallet (“ding!”) constitute a legal agreement between the user (“you”) and Progresif Sdn Bhd (“Progresif”) and incorporate any other terms and conditions which may be expressly stated in the terms governing the use of the Progresif CARE+ application, mobile Prepaid and mobile Postpaid (“the Agreement”).  

By using the Progresif CARE+ application supplied to you by the Company to establish an account with Progresif and use ding! (the “Service”), you hereby expressly acknowledge and agree to be bound by these Terms and Conditions, and any future amendments and additions to these Terms and Conditions as published from time to time at www.progresif.com or through the Progresif CARE+ application (“the Application”), and your continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms and Conditions.  

You further agree to the representations made by yourself below. If you do not agree to or fall within these Terms and Conditions and wish to discontinue using the Service, please do not continue using the Progresif CARE+ application or the Service. 

1. Eligibility for ding! 

1.1 Progresif is required to comply with all applicable laws, regulations, notices and guidelines issued by the relevant government and regulatory authority, including but not limited to the Criminal Asset Recovery Order, 2012. 

1.2Pursuant to such applicable laws, regulations, notices and guidelines, you may be required to provide to Progresif such data to allow Progresif to establish and verify your identity both at the time of opening the ding! Account, at periodic intervals after opening the ding! Account and on an on-going basis.  

1.3You hereby acknowledge and agree that Progresif may collect such data on request, and use, disclose, share and process such data you hereby acknowledge and agree that Progresif may collect such data on request, and use, disclose, share and process such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of Progresif and the user to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with third-party outsources (both in Brunei Darussalam and overseas), as well as in relation to transfers and reporting of such data and your transactions to the BDCB, and such other government or regulatory authority as Progresif may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines. You hereby acknowledge and agree that the data collected shall be stored for as long as reasonably necessary to comply with the requirements of the BDCB, and such other government or regulatory authority as the Company may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines. 

1.4You acknowledge and agree that before you are eligible to access and use Ding, you are required to satisfy all the criteria set forth in these Terms, as may be amended from time to time by Progresif in its sole and absolute discretion, and to have successfully passed all identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, countering the financing of terrorism (“CFT”) and anti-money laundering (“AML”)).   

1.5You agree that you will cooperate in relation to any anti-money laundering and countering terrorism financing screening that is required and to assist the Company in complying with any applicable laws, regulations, notices and guidelines in place. If you have any difficulties in relation to your completion of the process to establish and verify your identity, please contact us by calling our Customer Care Line at 177.    

1.6You acknowledge, agree and warrant that you are, and will at all times be, in compliance with the following: 

1.6.1you are eighteen (18) years of age or above. If you are eighteen (18) years of age and a parent or legal guardian, your child of below eighteen (18) years (“Minor”) may register for a ding! Account and use the Services, with your consent. Notwithstanding the foregoing, you shall be wholly responsible for the Minor’s use of the Application and/or the Services;  

1.6.2if you are below eighteen (18) years (“Minor”), you must have obtained consent from your parent or legal guardian prior to registration. Notwithstanding the foregoing, your parent or legal guardian shall be wholly responsible for the Minor’s use of the Application and/or the Service.  

1.6.3you shall register for and have in force a valid ding! Wallet Account and shall comply with these Terms and all terms and conditions governing the use of ding! Services, and your access to and use of the Application have not been suspended or terminated for any reason whatsoever; and 

1.6.4you are not in arrears of any payment due to Progresif.  

1.7In the event any of the criteria in these Terms and Conditions have not been satisfied or ceases to be satisfied at any time whatsoever, and/or any provision of these Terms is not complied with, and/or you fail to successfully pass any identification check, due diligence and/or other check, screening and/or verification (including for anti-fraud, anti-terrorism, CFT and AML purposes) which Progresif in its sole and absolute discretion considers necessary, or if at any time, Progresif, at its sole and absolute discretion, suspects any fraud in relation to, and/or misuse of your ding! Account and/or the Application, Progresif shall be entitled to suspend or terminate the availability to you of and/or your access to and/or use of your ding! Account (in whole or in part), the Application (in whole or in part) and/or procure the suspension or termination of the availability to you of and/or your access to and/or use of any other Application Services.  

2. Terminology

3. Registration and Use of ding!

3.1Progresif retains the sole and absolute discretion to approve or reject any request to register for the ding! Account in whole or in part, or to impose any conditions whatsoever to the registration of the ding! Account.  

3.2You may register for ding! Account through the Application.  

3.3You may only register for the ding! Account and access and use the ding! Account for (and only for) your own behalf and personal use, and not for the benefit or on behalf of any other person (including natural person or legal person). Any instructions, confirmation and/or communication sent from your mobile device shall be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmations and/or communications were actually set by you or not. You shall be personally liable and responsible for the use of your ding! Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been authenticated irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transactions was erroneously transacted due to an error on Progresif’s part.  

3.4Without prejudice to the foregoing, you shall not assist, cause, permit or authorize any other person (including natural person or legal person) to access or use your ding! Account to effect or obtain any ding! Service, including making any payments or carrying out any transactions or other activity pursuant to any ding! Service.   

3.5Where you are not the registered owner of the mobile line linked to the mobile number you have provided to Progresif in order to register for the ding! Account, you hereby represent and warrant that you have informed and obtained the consent of the registered owner to use such mobile number and the mobile line linked to such mobile number to register for your ding! Account.  

3.6 Any request to change the mobile number registered to your ding! Account shall be subject to any terms, conditions and processes as may be introduced, amended and/or implemented by Progresif from time to time in relation to the same. Progresif retains the sole and absolute discretion to approve or reject any such request to change the mobile number registered to your ding! Account, and to terminate or suspend your access to and use of the Application and/or your ding! Account upon such rejection.  

3.7If you transfer or “port” your mobile telephone number from us to another mobile operator, you will be deemed to have cancelled the Service and will no longer be able to use the Service for your mobile telephone number after the "transfer" or "porting" is completed. Notwithstanding the above, you will remain responsible and liable for all transactions carried out through your ding! Account using the Application prior to the transfer or "port".  

3.8Any access or use of your ding! Account in breach of these Terms and Conditions or any access or use of your ding! Account for any purpose which is prohibited by any applicable law and/or direction, order or requirement of any applicable regulatory authority or law enforcement body shall be void and you shall have no rights under these Terms in respect of such access and/or use.  

3.9You may only use the Services once your Account has been activated. Once your ding! Account has been activated, your use of the Application and the Service shall be strictly in accordance with these Terms and Conditions, and all other applicable terms and conditions, including the terms and conditions for the Application.  

3.10The ding! Services made available to you via the Application may perform the following transactions (the “Transactions”): 

3.10.1Wallet Account Top-Up; 

3.10.2Payment Services; 

3.10.3E-Money transfer; and/ or 

3.10.4any other service as may be introduced by us from time to time. 

3.11The Services may also allow you to purchase products and/or services from third parties including the participating Merchants. Any transaction entered into between you and such third parties for third party goods and/or services shall also be subject to any terms and conditions which may be stipulated by such third parties. Any such transactions are entered into at your own risk and you acknowledge and agree that Progresif shall not take any responsibility and/or liability for the products and/or services offered by the third parties to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. Progresif shall not be responsible for the refusal of any such third party to honor or accept your purchases or payment made through the use of the Service. You further acknowledge and agree that you shall not initiate any legal proceedings against us for any claim you may have against such third parties. 

3.12In using the Application and the Services: 

3.12.1upon linking a credit/debit card to your ding! Account, you shall be solely responsible for all wallet loading transactions that may occur; 

3.12.2in the event of claims, chargebacks, or a reversal of payment for transactions made via ding!, including credit card transactions made through a financial institution, Progresif reserves the right to (i) determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to Progresif; or (ii) clawback the amount from your Account or by any other way it deems fit in its sole discretion; 

3.12.3for claims, chargebacks or a reversal of payment for credit card transactions made through a debit/credit card issuer, you shall be responsible to resolve any disputes with the debit/credit card issuer on your own; 

3.12.4you authorise the deduction of e-money and/or funds from your ding! Account and the deposit of e-money and/or funds into your Account to carry out the relevant transactions; 

3.12.5your use of the Service is subject to the Wallet Limit and the Monthly Transaction Limit (as defined below) applicable to your ding! Account. This qualification includes but is not limited to you being restricted and/or prohibited from performing a wallet top-up transaction or receiving an e-money transfer whereby the total amount in your ding! Account will exceed your Wallet Limit; and 

3.12.6you are to ensure that there is sufficient available balance in your ding! Account before using the Service to cover the total cost of the transaction failing which Progresif reserves the right to block, reject or decline the transaction to be transacted through your Account. 

3.13You will need to use your PIN and such other details relating to your ding! Account, as Progresif may from time to time, required to access and use the Application. You are responsible for safekeeping and maintaining the confidentiality of your PIN and all details of your ding! Account. You must not disclose to any person your PIN and all details of your ding! Account and shall not assist, cause, permit or authorize any person to use your PIN or ding! Account for any purpose whatsoever. You shall take such measures as may be necessary and all due care to protect your PIN and ding! Account against misuse by third parties.  

3.14You shall promptly notify Progresif upon discovering that there has been any: 

3.14.1inappropriate or unauthorized disclosure of and/or use of your PIN and/or any details of your ding! Account; and/or 

3.14.2inappropriate or unauthorized access to and/or use of the Application and/or any ding! Service effected using your PIN and/or any details of your ding! Account.  

and you shall promptly take such steps as may be specified by Progresif in relation to the foregoing matters (including to change your PIN).  

3.15You are solely responsible and liable for any access to and use of the Application or any Ding Service effected through the use of your PIN and/or any details of your ding! Account, notwithstanding that your PIN or such details may have been used by any other person without your knowledge or authority.  

3.16The record of all Transactions authenticated through the transaction PIN number and mobile device number registered for the ding! Account shall be binding and conclusive evidence of your Transactions. Any information, instructions and/or confirmation sent from your mobile device via the ding! Account shall be deemed to have been issued by you notwithstanding that such information, instructions and/or confirmation may have been issued by a third party, whether authorised or otherwise, Progresif shall deem that the ding! Services has been accessed legitimately and the Transactions conducted shall be valid. Progresif shall not entertain any request to reverse any wrongful Transactions authenticated through the Transaction PIN number and mobile device / mobile number registered for the Account. 

3.17You agree to immediately notify Progresif of any fraudulent activity or theft of funds in your ding! Account of which you become aware. Progresif has the right to suspend, or later reverse, the processing of any transaction where it suspects that the transaction may be fraudulent, illegal or involves any criminal activity or where Progresif reasonably believes you to be in breach of these Terms and Conditions.   

ding! Wallet Account Top Up  

3.18Your ding! Wallet is not a depository account and does not earn interest or other earnings 

3.19You may load funds to your ding! Wallet via the following funding sources to make payments via the ding! Service: 

3.19.1by adding any credit or debit card;  

3.19.2 by charging funds to your monthly Mobile Postpaid bill;  

3.19.3 by transferring funds from your Mobile Prepaid credit; or 

3.19.4 by any other methods of loading funds into your ding! Wallet as made applicable on the Application.  

3.20You agree and acknowledge that by loading funds via clause 3.19.2 and 3.19.3 above, Progresif shall be entitled to collect payment from You by: 

3.20.1directly debiting your mobile prepaid balance if you are a prepaid customer; or 

3.20.2if you are a postpaid customer, you will see the charges on your monthly phone bill.   

3.21Progresif shall not be liable for any delay in or for failure to perform obligations under this agreement if that delay or failure is caused by circumstances beyond Progresif’s control or by a third party.    

Wallet Type, Wallet Limit and Functionality 

3.22The maximum amount that you may load to and maintain the ding! Wallet in any given month shall be BND2,000.00 (“Wallet Limit”). Progresif will reject your request to load your ding! Wallet, or reject a payment transaction, or refund a payment or other transaction, where your proposed loading would cause the aggregate applicable loading limit to the ding! Wallet to exceed any value permitted under the prevailing laws and regulations and/or these Terms and Conditions. 

3.23 There are monthly spending limits imposed by Progresif for your purchases made using your ding! Account (“Monthly Transaction Limit”) and Progresif reserves the right to change these rights from time to time. The imposition of the Wallet Limit and Monthly Transaction Limit is to avoid any fraudulent, illegal or unlawful transactions including but not limited to breaches of regulation and guidelines under Notice No.PSO/N-1/2020/1 On Requirements for Payment Systems or Criminal Asset Recovery Order, 2012.  

3.24 Notwithstanding the above, Progresif may request additional documents or information from you in the future for purposes of activating your ding! wallet and/or increasing your wallet balance and transaction limits. Progresif reserve all rights to refuse, reject and/or decline your application at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive. 

4. Charges

Progresif shall be entitled to at any time impose fees and charges on you, and to change and/or amend such fees and/or charges payable, for your access to and use of the Application or any ding! Services (including but not limited to your registration for and top up of ding! Wallet Account), any reactivation or termination of the provision of and/or your access and/or use of the Application and/or your ding! Account and/or for refund of any payment amount (or part thereof) or of the unused balance, in accordance with these Terms. The quantum of such fees and charges shall be as determined by Progresif. The imposition of such fees and charges, and any changes and amendments, shall be effective upon posting on the Progresif website or on such date as may be otherwise stated. Your continued access to and use of the Application and/or your ding! Wallet Account shall be deemed to be your conclusive acceptance of such fees and charges, and changes and amendments to such fees and charges (if any). 

5. Disputes, Refunds and Returns

5.1 You are fully responsible for all goods and services purchased when you make any payment through your ding! Account or anytime when you authorize and authenticate amounts to be deducted from your ding! Account. You shall be fully responsible for ensuring that the transaction amount is correct.  

5.2If your ding! Wallet Account has been incorrectly debited or if you wish to dispute any transactions made on your ding! Wallet Account, you must notify us within fourteen (14) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transaction.  Notification can be made by calling our Customer Care Line at 177.    

5.3Requests for refunds for goods and services purchased from our Merchants must be made directly with the Merchants subject to the Merchants’ respective terms and refund policies. Progresif is not responsible to settle any dispute that you may have with our Merchants for the purchase of goods and services using Service. You shall be responsible to contact the respective merchants for a refund of the goods or services purchases from the Merchant. We will only apply for a refund or credit your ding! Account in relation to any purchases only if directed to do so by the respective Merchants. 

5.4You and agree and consent to the use by Progresif and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the Service and/or this Agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by Progresif shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.  

5.5Progresif reserves the right not to refund any disputed amount to you if Progresif believes that you have acted contrary to these Terms and Conditions.  

5.6In the event the Service is ceased, terminated or suspended by Progresif due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law, you shall not be entitled to obtain any refund of the available balance whatsoever and it shall be lawful for Progresif to retain for an indefinite period or release to the relevant authorities the available balance in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.  

6. Progresif’s Rights

6.1Progresif reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend or terminate the Service or any part thereof without prior notice and Progresif shall not be liable for any loss or inconvenience to you resulting therefrom. 

6.2Progresif reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these Terms and Conditions in accordance with Clause 12.1 hereof 

6.3Unless otherwise notified by you, you agree that Progresif may send you notifications relating to promotional and marketing activities from time to time. You may opt out from receiving any promotional or marketing messages from Progresif by unsubscribing via email or contacting our Customer Care Line at 177. 

6.4Progresif 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. 

6.5Progresif 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 terms conditions of such campaign/contest/promotion. 

6.6You agree that by using the Services, you are giving consent to Progresif that the information collected by Progresif from you (“Personal Data”) will be used and/or disclosed in accordance to these Terms and Conditions.  

6.7Progresif may request for additional information or documentation at any time and for any reason, including but not limited to confirming your identity, age and/or to confirm your bank details or debit, credit cards, proof of employment, source of funds, etc. You agree that you will provide such information and/or documentation promptly to Progresif upon request. If you do not provide such information and/or documentation promptly, Progresif may, without any liability to you, either limit your use of the Services or suspend or close your Account. 

7. Termination and Suspension

7.1If Progresif reasonably suspects that you may be engaging in any of the restricted activities as set out in these Terms & Conditions and Terms & Conditions of the Application or may be in breach of any of the representations, warranties, these Terms and Conditions, and any accompanying terms and conditions to the Services, where applicable, Progresif may, without any liability to you, take the following action(s) as we deem necessary: 

7.1.1report any suspicious or illegal activity to the relevant authorities; 

7.1.2cancel or refuse any transactions; 

7.1.3suspend or close your ding! Account or terminate this Agreement and/or the Service or part thereof provided to you; 

7.1.4withhold/forfeit, withdraw any cash back/monies/reward which may release/have released to you pursuant to any promotion, campaign/activities/refund process; 

7.1.5apply, at our sole discretion, prevention and detection procedures and refuse the execution of transactions; or 

7.1.6take further steps as we, in our reasonable discretion, may deem necessary, including taking legal action against you.  

7.2Notwithstanding anything to the contrary, Progresif may at any time, for any reason whatsoever and without any liability to you: 

7.2.1suspend the Services or part thereof provided to you; and/or 

7.2.2terminate this Agreement and/or the Services or part thereof provided to you,  

by giving written notice to you.  

7.3If Progresif terminates or suspends the Service or any part thereof pursuant to Clause 7.1, Progresif shall not be obliged to refund the available balance (if any) until and unless clearance has been obtained from the relevant authorities or Progresif management, if applicable. 

7.4 If you do not effect any transactions from your ding! Wallet for more than twelve (12) months, and there are no funds remaining in your Account, Progresif may in its discretion treat your account as dormant and may suspend your ding! Account. If your ding! Account is suspended, you should contact Progresif’s customer support team to reactivate your Account. Progresif will reactivate your Account at its sole discretion and subject to Progresif’s prevailing policies and procedures. For the avoidance of doubt, the suspension of your Account shall not affect your Progresif mobile services. 

7.5In the event your ding! Account and/or any or all of the Services have been suspended and you request for reactivation of the same, Progresif may at its absolute discretion reactivate the Account and/or Service subject to any requirements as may be determined by Progresif. You may request for your account to be suspended or unsuspected by calling our Customer Care Line at 177.   

7.6Termination of this Agreement for any reason shall not release You from any liability which, at the time of such termination, has already accrued to Progresif or which is attributable to a period prior to such termination nor preclude Progresif from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement. 

8. Personal Data 

8.1All Personal Data that you provide to Progresif shall be collected, used and disclosed and/or processed in accordance with these Terms & Conditions set forth herein.  

8.2For the avoidance of doubt, your Personal Data may be used for the purposes of fulfillment of our rights and your obligations under these Terms & Conditions, which include (but are not limited to): 

8.2.1to provide you with the Service pursuant to the Terms & Conditions;  

8.2.2 to develop, enhance and provide what is required pursuant to these Terms and Conditions to meet your needs;  

8.2.3 to conduct due diligence checks, AML/CFT assessments, and risk analysis, credit assessment or evaluation with credit bureaus or other credit reporting organisations and suitability assessments for the Service or for any other similar financial product that you may be eligible for or request from Progresif; 

1. if applicable, carrying out credit checks and retrieving credit information from CROs to process your assessments for the Service, or any other similar financial products that you may be eligible for or request from Progresif; and 

1. in accordance with any applicable laws and these Terms and Conditions permitting the use, collection, disclosure and processing of Personal Data.  

1. In addition to the above, Progresif may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”): 

1. to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto; 

1. to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from Progresif, its partners, advertisers and or sponsors; 

1. to notify and invite you to events or activities organized by Progresif, its partners, advertisers, and or sponsors; and/or 

1. to share your Personal Data amongst Progresif’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever. 

1. If you do not consent to Progresif processing your Personal Data for any of the Marketing Purposes, please notify us by contacting our Customer Care Line at 177. 

9. Intellectual Property Rights

9.1The Intellectual Property Rights in respect of all materials including without limitation all current and future copyrights, patent, trademarks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuit, topographies, trade and business names, domain names, get up, arks and devices (whether such applications can be made) which are capable of being protected and/or enforced in Brunei Darussalam and/or any relevant country of the world, any brand names, trademarks, services, products, hardware and software shall remain vested in the party originating or which has acquired the same. For clarity purposes, all trademarks used on the Application and/or the Services are the trademarks of Progresif unless specified otherwise. 

9.2You acknowledge and agree that the Services and the Application are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved. 

9.3You are only allowed to use the Application and the Services as set out in these Terms and Conditions and where applicable, in any accompanying terms and conditions to such Services which can be found at https://www.progresif.com/terms-conditions (which may be updated from time to time, and nothing on the Application and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property of other proprietary rights of Progresif.  

10. Warranties and Disclaimer

10.1The Application and Service are provided here under “as is” and “as available” basis. 

10.2Except as expressly set out in these Terms & Conditions, all representations, conditions and warranties (whether express or implied, statutory or otherwise) including but not limited to the availability, accessibility, timeliness and uninterrupted use of the Application and Service; sequence, accuracy, completeness, timeliness or the security of any data or information provided to you as part of the Service; any implied warranty of merchantability; any implied warranty of fitness for a particular purpose; any implied warranty of non-infringement; and any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Service provided by Progresif are expressly excluded. The representations, conditions and warranties set forth in this Agreement with respect to the Services and Applications are the only representations, conditions and warranties made by Progresif and will not be enlarged or diminished without Progresif’s prior written approval. 

11. Indemnification and Liability

11.1By agreeing to these Terms and Conditions upon using the Service, you agree that you shall defend, indemnify and hold Progresif, its subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs and/or regulatory action) arising out of or in connection with: 

11.1.1your use of the Service and/or the Application;  

11.1.2your violation or breach of any of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein; 

11.1.3your violation of any rights of any third party 

11.1.3your misuse of the Service and/or the Application.  

11.2Progresif shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect) or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of your use and/or misuse of the Service.   

11.3Progresif shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortious action, arising out of, or in connection with the performance of, or use of Services, available on the Application.  

11.4Notwithstanding anything to the contrary contained herein, Progresif’s maximum liability shall not exceed an amount equivalent to the aggregate sum of the available balance of your ding! Account at the date on which your claim arises.  

12. General

12.1Progresif may change any of these terms of use from time to time. Any such change will be posted on our website and it is Your responsibility to check these Terms and Conditions. Notwithstanding the foregoing, Progresif will provide you ten (10) business days’ notice of any changes, which Progresif in its reasonable discretion deems material, to these Terms and Conditions following which your continued use of the Service will be deemed to confirm your acceptance of such changes. 

12.2If any of the terms contained in this Agreement are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed omitted without affecting or impairing the validity and enforeceability of the rest of the Agreement.  

12.3This Agreement may be assigned by Progresif.  

12.4Failure by either party to exercise or enforce any right conferred by these Terms against the other party shall not be or deemed to be a waiver of any such right or in any way prejudice any right of that party under these Terms.  

12.5Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.  

12.7Progresif does not own the copyright, trademarks, services marks or other marks of the Merchants. These marks are owned and registered by their respective owners.  

12.8You may not transfer or assign pre-payments or any of Your rights and responsibilities under this Agreement.  

12.7These Terms shall be subject to and construed in accordance with the laws of Brunei Darussalam and You hereby submit to the exclusive jurisdiction of the courts of Brunei Darussalam.  

Last Updated: 24th July 2024