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. “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.
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.
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

1. The Subscriber shall;
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;
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. 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;
4. Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;
5. Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;
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;
7. Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;
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;
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;
10. Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;
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.
2. The Subscriber, as contrary to the intended use, shall NOT;
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;
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. 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;
4. Use the service/promotion for broadcasting to any party;
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;
6. Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;
7. Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;
8. Use the service/promotion for telemarketing.
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

1. The Subscriber can sign-up to a maximum of ten (10) mobile prepaid services under one account.
2. The Subscriber shall pay registration fees and other applicable fees, charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
3. Top up credits can only be used during the active period stated in the user guide starting from the date of Subscriber’s last top up from top up cards or eTopUp. Top up credits and/or any balance in Subscriber’s prepaid mobile account is not redeemable for cash nor are they refundable in the event of non-usage or account being disabled.
4. 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

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.
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:
1. If any technical failure occurs in the Service;
2. While the Service is being upgraded, modified or maintained;
3. If Subscriber breaches any clause in these T&Cs;
4. If Subscriber does anything which may in the opinion of PROGRESIF lead to the damage or losses to the Service; or
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.
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.
4. In the event of suspension, Subscriber shall continue to be liable for the accrued and outstanding charges and fees.
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

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.
2. PROGRESIF reserves the right, at any time and without notice to Subscriber to:
1. (1) add, delete or make changes to the Service;
2. (2) add or substitute alternative service;
3. (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.
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.
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.
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. 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

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

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.
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.
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

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.
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

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.
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.
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.
4. Without prejudice to the above, PROGRESIF shall not be held liable:
1. for any recharging error caused by Subscriber or any third party;
5. 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.