T&Cs - CARE+

This Service (as hereinafter defined) is made available by Progresif Sdn Bhd (“Progresif”) and by accessing the Progresif CARE+ App (“App”), you hereby agree to be bound by:
a. these Terms and Conditions of the Service herein;
b. the Terms and Conditions of the Direct Carrier Billing Service; and
c. the relevant terms and conditions of your mobile service.
The above shall form the terms of contract between you, the customer and us, Progresif (collectively the “Terms and Conditions”).Your use of the App, upon Activation, constitutes unconditional acceptance to be bound by the Terms and Conditions as may be amended from time to time. You must ensure that any person you allow to use the App complies with these Terms and Conditions. You acknowledge that you have read and fully understood these Terms and Conditions.
Part A: General Terms and Conditions
Definitions
For the purpose of these Terms and Conditions, the following terms shall, unless the 
context otherwise requires, have the meanings as defined below. All other terms not 
defined herein shall have the meaning as may generally be accepted within the industry 
based on the context used herein:
“Activation” or “Activated” Means the point in time when the App is activated in Progresif’s system;
“App” Means Progresif Care App, the software application developed specifically by Progresif for use by Progresif’s postpaid and prepaid customers to enjoy the Service(s).
“Progresif” Means Progresif Sdn Bhd. Any and all references to “we”, “us”, 
“our” or “Progresif”, shall refer to the relevant Progresif entity that 
is providing the Services to you (including its successors and 
assigns);
“Progresif’s System”Means the telecommunication system utilized by Progresif in 
providing the Service;
“Content” Means any contest, surveys, information, text, sound, music, software, photographs, videos, graphics, data messages or other materials received by you including but not limited to VAS (Value Added Services).
“Mobile Device”Means a wireless device together with accessories for the use of 
the Service;
“Service(s)” Means mobile telecommunication services to be provided by 
Progresif to you via the App. Services include, but not limited to,:
i. Viewing, tracking, paying your bills, automating bill payments, 
making additional purchases and viewing e-bills for postpaid 
customers
ii. Checking your credit balance, usage and performing 
transactions such as top-ups, data add-ons, converting prepaid 
plans, and credit transfer for prepaid customers.
iii. Direct Carrier Billing where prepaid and postpaid customers 
can purchase in-app lifestyle vouchers using their prepaid balance 
or adding to their monthly postpaid bill respectively;
iv. Sending in-app lifestyle vouchers as gifts to other Progresif 
customers; It may also include access to products and services of third parties 
either directly or indirectly via any links;
“Terms and Conditions”Means these terms and conditions for the Service as may be 
varied or modified from time to time at Progresif’s sole discretion;“Value Added 
Service” or “VAS”Means non-core services beyond standard voice calls, data, SMS 
and MMS;
“You” or “Your” Means the person authorized to use the Service subject to these 
Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or 
regulations for the time being in force and which may come in force more particularly described in the Registration Form.
2. Use of Service
2.1 The Service may include access to products and services of third parties either 
directly or via links to the App operated by third parties.
2.2 You acknowledge and agree that you are only permitted to use the App as expressly 
set out in these Terms and Conditions.
2.3 You agree that the App and usage of the Services on any Mobile Device to make 
such connection to the App are for your own personal use only and ensure the 
compatibility of the hardware and software will not cause any interference or 
disturbance to the Service.
2.4 You shall not:
2.4.1 Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, 
perform, publish, transfer or otherwise make available any of the Services or any 
information acquired by you while using the Services or the App;
2.4.2 Remove, change or obscure in any way anything on the App and/or the 
Services or otherwise use any material obtained whilst using the App and/or the 
Services except as set out in this Terms and Conditions; and
2.4.3Copy or use any material from the App and/or the Services for any 
commercial purposes, remove, obscure or change any copyright, trade mark or 
other intellectual property rights in the original material, or from any other 
material copied or printed from the App, or obtained as a result of using the 
Services.
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; and
3.1.9 Report immediately to Progresif upon the discovery of any fraud, theft, loss, 
unauthorized usage or any other occurrence of unlawful acts in relation to the 
Mobile Device and its use. You agree to lodge a police report whenever 
instructed by Progresif and to give Progresif a certified copy of such report.
3.1.10 Be responsible for all transactions conducted by you. In particular, the 
registered account holder is responsible and liable for all charges and payments 
for the Service(s) incurred within your account whether the Service(s) is used by 
you or someone else (regardless whether such use was with your express 
consent and/or knowledge or otherwise).
3.1.11 Acknowledge and agree that any transactions including purchases, addons, donations, payment and/or confirmation made by you shall be final and 
cannot be cancelled, reversible and/or refundable.
3.1.12 Be responsible for any and all use of your account and by default, 
responsible for the protection of your password and notify Progresif immediately 
if you suspect any unauthorized use of your account.
3.2 You shall not use the Service:
3.2.1 To cause embarrassment, distress, annoyance, irritation, harassment, 
inconvenience, anxiety or nuisance to any person;
3.2.2 To cause excessive or disproportionate load on the Service or Progresif’s 
System;
3.2.3 For any unlawful purposes including but not limited to vice, gambling or 
other criminal purposes whatsoever or for sending to or receiving from any 
person any message which is offensive on moral, religious, communal or 
political grounds, or is abusive, defamatory or of an indecent, obscene or 
menacing character;
3.2.4 For any purpose which is against public interest, public order or national 
harmony;
3.2.5 To use, to permit or to cause the Service improperly or for any activities 
which shall breach any laws, infringe a third party’s rights, or breach any 
directives, content requirements or codes promulgated by any relevant authority 
including activities which will require Progresif to take remedial action under any 
applicable industry code or in a way interferes with other users or defames, 
harasses, menaces, restricts or inhibits any other use from using or enjoying the 
Service or the internet; or
3.2.6 To transmit or post any content that contains any harmful, damaging or 
destructive programs.
3.2.7 To receive, access or transmit any content which is obscene, pornographic, 
threatening, racist, menacing, offensive, defamatory, in breach of confidentiality, 
in breach of any intellectual property rights (including copyright) or otherwise 
objectionable or unlawful;
3.2.8 To evade user’s authentication or security of any host, network or account 
(referred to as “cracking” or “hacking”) nor interfere with Service of other users, 
host or network (referred to as “denial of service attacks”) nor copy any pages or 
register identical keywords with search engines to mislead other users into 
thinking that they are reading Progresif’s legitimate web pages (referred to as 
“page-jacking”), or use the App or the Services for any other unlawful or 
objectionable conduct. Users who violate systems or network security may incur 
criminal or civil liability, and Progresif shall at its absolute discretion fully cooperate with investigations of suspected criminal violations, violation of systems 
or network security under the leadership of law enforcement or relevant 
authorities;
3.2.9 To advertise or offer to sell any goods or services for any commercial 
purpose without Progresif’s written consent;
3.2.10 To hack into, make excessive traffic demands, deliver or forward chain 
letters, “junk mail” or “spam” of any kind, surveys, contests, pyramid schemes or 
otherwise engage in any other behaviour intended to inhibit other users from 
using and enjoying the App and/or the Services or any other web site, or which is 
otherwise likely to damage or destroy Progresif’s reputation or the reputation of 
any third party.
3.3 In the event of any information provided by you is wrong, inaccurate, not current or 
incomplete, Progresif has the right to terminate your account and refuse any and all 
current or future use of the Services or access to the App.
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 consent to your Personal Information being 
collected, used and/or disclosed to or by Progresif for the purpose of providing you the 
Service, business, financial, marketing or legal operations and activities of Progresif, or 
in compliance with any statutory or legal obligations imposed upon Progresif by any 
relevant agency or authorities.
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 only allowed to use the App and the Services in the specific manners as set 
out in these Terms and Conditions, and nothing in the App and/or the Services shall be 
construed as conferring any license or other transfer of rights of any Progresif’s 
intellectual property to you.
7. Disclaimer
7.1This Service is provided on an “as is” and “as available” basis. Progresif disclaims all liability and makes no express or implied representation or warranties of any kind in 
relation to the Service including but not limited to:
7.1.1 Availability, accessibility, timeliness and uninterrupted use of the Service; and
7.1.2 Sequence, accuracy, completeness, timeliness or the security of any data, 
Content or information provided to you as part of the Service.
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 uninstalling the App from your Mobile Device. However, you are required to unsubscribe from each particular Service independently through other channels provided for the Service if you want to discontinue using the respective Service.
11.6 Progresif shall ensure the security of your communications, subject to any reasons 
beyond our control, where your communications may be unlawfully intercepted or 
accessed by those other than the intended recipient. Your communications may pass 
over third-party networks which we have no control over. There may be unwanted 
programs or materials downloaded without your knowledge, which may provide access 
and information stored on your mobile phone to any unauthorized persons.
12.Variation
12.1 Progresif reserves the right to modify the App and/or the Services or suspend or 
terminate the App and/or the Services, or access to part or all of them at any time with 
prior notice.
12.2 Progresif reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective after being posted on the Progresif website. By 
continuing to use this Service and App, you will be deemed to accept the varied Terms 
and Conditions.
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
15.1 If any of the provisions of these Terms and Conditions becomes invalid, illegal or 
unenforceable under any applicable law, the legality and enforceability of the remaining 
provisions shall not be affected or impaired in any way and such invalid, illegal or 
unenforceable provision shall be deemed deleted.
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 These Terms and Conditions are governed by and construed in accordance with 
the laws of Brunei Darussalam, and you hereby submit to the exclusive jurisdiction of 
the Bruneian courts.
18.2 Progresif’s failure to exercise any particular rights or provisions under these Terms 
and Conditions, shall not constitute a waiver of such rights or provisions, unless 
acknowledged and agreed to by Progresif in writing.
18.3 You acknowledge and agree that you do not rely on, and shall have no remedy in 
respect of, any statement, representation, warranty or understanding (whether 
negligently or innocently made) of any person (whether party to the Terms and 
Conditions or not) other than as expressly set out in the Terms and Conditions as a 
warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability 
for fraud.
18.4 You undertake that you will not assign, re-sell, sub-lease or in any other way 
transfer your rights or obligations under these Terms and Conditions or any part thereof. 
Breach of these Terms and Conditions will result in the Services being terminated by 
Progresif with prior notice. Progresif may assign these Terms and Conditions in whole or in part to any third party at its sole and absolute discretion