1.1. The General Terms shall apply and govern each and/or all of the Services in addition to any Specific Terms, and in the event, there is a conflict or inconsistency between the Terms, the documents shall be construed in the following order of precedence:

(i) any other terms and conditions otherwise agreed between us in writing;
(ii) the applicable Specific Terms; and
(iii) the General Terms.

In the event such construction fails to resolve the conflict or inconsistency, such conflict or inconsistency shall be resolved in a manner most favourable to the Service Provider, to the fullest extent permissible under the applicable law.

1.2. Broadband Services refer to mobile wireless broadband (FREEDOM), fixed broadband (FTTH internet) services (INFINITY) and WIFI services.

1.3. This Specific Terms and Conditions for Broadband Services shall apply and govern all products and Services in relation to FREEDOM, INFINITY and wireless Plans depicted on the Platform under the umbrella of the General Terms.

1.4. In this Specific Terms and Conditions for Broadband Services, words and expressions shall have the same meaning as outlined in Clause 1.1 of the ‘General Terms’ and Conditions of Services.

1.5. Unless otherwise stated with reference to any other Terms, any reference made in this Specific Terms to any Clauses shall be interpreted as to Clauses within these terms.

1.6. Unless otherwise stated to be for International or Roaming use, the provision of Services for data in these Specific Terms shall be interpreted for local use only.

2.1. Registration for Broadband Plans must be submitted in compliance with all applicable Registration Forms in addition to the supplementary information required by the Service Provider according to the classification of the Broadband Subscriber.

2.2. Registration for Broadband Plans can be done either online via the Platform, at any of the Service Provider’s branch or via an authorised sales agent of the Service Provider.

3.1. The different types of mobile wireless broadband Plans Subscribers may engage in pursuant to Clause 2 are as listed on the Platform.

4.1. The different types of fixed broadband Plans Subscribers may engage in pursuant to Clause 2 are as listed on the Platform.

4.2. The availability and provision of the fixed broadband Service is subject to the Subscriber’s installation address being fibre-ready and subject to the network availability.

5.1. The available Data Add-On Bundles which can be purchased to supplement the mobile wireless broadband and/or fixed broadband Services are as listed on the Platform.

6.1. The Subscriber will receive a call from the Service Provider confirming the installation appointment date and time.

6.2. The Subscriber must inform the Service Provider at least one (1) working day (before 4pm) prior to the appointment date for any rescheduling or cancellation of the installation. However, the Service Provider may not be able to guarantee the preferred date of the Subscriber. The Service Provider reserves the right to charge you a certain fee at the prevailing rate for any late rescheduling or cancellation request.

6.3. TThe Subscriber consents to the Service Provider and/or our agents gaining access to the installation address provided by the Subscriber upon registration. The Service Provider will not be held responsible for any installation issues arising from errors in details of the installation address provided by you.

6.4. For installation of the fixed broadband service, Subscribers must agree to the drilling area (if required) before beginning installation.

6.5. The Subscriber must be present during installation, or in the event the Subscriber cannot be present, must designate a person aged 18 or above to be present on your behalf for installation of the Service, failing which the Service provider will not proceed with the installation.

7.1. If the Subscriber is relocating, the Subscriber must provide the Service Provider with prior notice of their relocation. Relocation will be subject to the Service coverage area.

7.2. The Subscriber may be subject to the applicable installation and/or relocation fees.

7.3. The Subscriber will be required to bring over the equipment provided by the Service Provider (which includes accessories for equipment to connect to the fixed broadband or to the fibre wall socket) from the current installation address to the new relocation address.

7.4. The Subscriber is responsible, at all times, for the safety of the Service Provider’s Equipment at the installation address provided. Upon termination of the Service, the Service Provider’s Equipment shall be returned in good working condition, failing which the Subscriber may be charged a penalty.

7.5. The Equipment provided to you by the Service Provider remains the Service Provider’s property.

7.6. The Equipment provided by the Service Provider on installation has a warranty that is reflective of the Subscriber’s contract with the Service Provider. The Subscriber may purchase their own equipment for using the Service, but the Service Provider shall not in any way warrant the quality of the Service from the Subscriber’s equipment.

7.7. Warranty for the Equipment provide does not cover:

7.7.1. damage, lost, stolen or defects caused by any act, omission, misuse, negligence including usage of the Equipment contrary to instructions provided by the Service Provider or the manufacturer
7.7.2. where the serial number/IMEI has been removed or defaced;
7.7.3. products that have been subject to unauthorised removal or deactivation of the Service Provider-lock function

7.8. The Service Provider may suggest and upsell devices to the Subscriber which may improve the Service connectivity at the installation address. The Subscriber may be charged either as a one-off fee OR as a monthly value added plan.

7.9. The Subscriber will be tied to a commitment period for devices with a monthly instalment plan where the commitment period will be monthly, twelve (12) or twenty-four (24) months depending on the Plan and Service subscribed to.

7.10. The Subscriber may not, during the commitment period:

7.10.1. terminate the Service;
7.10.2. terminate or suspend the Service account or port out to another internet service provider;
7.10.3. have your Service account terminated for non-payment of monthly bills;
7.10.4. change or transfer ownership of the Subscriber’s account and / or the Service.

7.11. If the Subscriber suspends Service during the commitment period, the device’s monthly instalment fee will continue to be charged to the Subscriber.

8.1. The Subscriber agrees that:

8.1.1. They have read, understood and accepted these Specific Terms and these Specific Obligations which regulates their use of the Services above including the General Terms and Conditions;
8.1.2. Data Add-on purchases will be billed to the monthly bill for the respective broadband subscribers;
8.1.3. Data Add-On packages can be purchased via the Service Provider’s Platform;
8.1.4. Data Add-On purchases cannot be cancelled and are not refundable;
8.1.5. For any Contract Plans depicted above or on the Platform, the Subscriber shall enter into the mandatory contractual term that shall commence from the date of subscribing to the Plan and shall pay the applicable fees or charges of the subscribed Plan;
8.1.6. The standard warranty terms on any device Bundled with their Contract may vary according to its make and model;
8.1.7. For any Plan depicted on the Platform, the Subscriber shall be obliged to pay the applicable deposit stipulated before its commencement of using the services;
8.1.8. Fair Use Policy applies for mobile wireless or fixed broadband Services;
8.1.9. Their Contract Plan will revert to the equivalent version of a Non-Contract Plan unless otherwise renewed by the Subscriber prior to expiry of their Contract Plan;
8.1.10. If they terminate any Contract plan prior to its completion, the Subscriber may be subject to a penalty fee that takes into consideration the remaining period of the Plan, the amount equivalent to the device (if applicable) and/or any additional fees at the discretion of the Service Provider;
8.1.11. The terms and conditions for Mobi Specific Terms may also be applicable in addition to this Specific Terms & Conditions for this Service;
8.1.12. The Service Provider may terminate this Contract due to a breach by the Subscriber of any of the terms herein or to any of its obligations and duties under the General Terms;
8.1.13. Data roaming shall be available in the countries listed on the Platform subject to the prevailing data roaming charges and availability of the Service on the subscribed Plan;
8.1.14. For any planned interruption on the Service(s), adequate notice will be provided via the Platform or any other mode of communication as the Service Provider deems appropriate; and
8.1.15. The Service Provider reserves the right at any time, without being liable to the Subscriber, to interrupt, bar, suspend, restrict the Service(s) for such time as the Service Provider sees fit if the Subscriber uses such Service(s) for unlawful activities or for fraudulent activities.

8.2. The Service Provider agrees that:

8.2.1. They shall not charge the Subscriber for use of any of its support line, customer care or operator services unless otherwise stated;
8.2.2. They shall notify the mobile wireless and fixed broadband users once they have used up to 80% and 100% of their local data allowance. However, Subscribers may also access their data usage via the Platform;
8.2.3. The Subscriber may downgrade or upgrade their monthly subscription plan via any of the Service Provider’s channels subject to the applicable Fees and Charges;
8.2.4. Any deposit payment made by the Subscriber shall be refunded, free of interest, to the Subscriber when their obligations under the Contract or Plan has been fully performed and there is no outstanding debt accrued;
8.2.5. They shall provide the Subscriber with standard warranty terms on any device Bundled with their Contract which may vary according to its make and model.

1.1. The General Terms shall apply and govern each and/or all of the Services in addition to any Specific Terms, and in the event, there is a conflict or inconsistency between the Terms, the documents shall be construed in the following order of precedence:

(i) any other terms and conditions otherwise agreed between us in writing;
(ii) the applicable Specific Terms; and
(iii) the General Terms.

In the event such construction fails to resolve the conflict or inconsistency, such conflict or inconsistency shall be resolved in a manner most favourable to the Service Provider, to the fullest extent permissible under the applicable law.

1.2. This MOBI Specific Terms shall apply and govern all products and Services in relation to the MOBI Postpaid Plans depicted on the Platform under the umbrella of the General Terms.

1.3. In this MOBI Specific Terms of Service, words and expressions shall have the same meaning as outlined in Clause 1.1 of the ‘General Terms’ and Conditions of Services.

1.4. Unless otherwise stated with reference to any other Terms, any reference made in this MOBI Specific Terms to any Clauses shall be interpreted as to Clauses within these terms.

1.5. Unless otherwise stated to be for International or Roaming use, the provision of Services for call minutes, SMS and data in these Specific Terms shall be interpreted for local use only.

2.1. Registration for any MOBI plans either on Contract Plans or Non-Contract Plans must be submitted in compliance with all applicable Registration Forms in addition to the supplementary information at stipulated on the Platform according to the classification of the Subscriber.

2.2. The different classifications of Subscribers and their requirements for registrations are as stipulated on the Platform.

2.3. Subscribers who register MOBI plans are not automatically registered for any Loyalty Programs such as DSTPlus or DST Premium. Subscribers must register according to the ‘Loyalty Program Specific Terms’ in order to become a member of the Service Provider’s Loyalty Programs to benefit from their rewards.

3.1. The different types of MOBI Postpaid Plans and Services Subscribers may engage in through the Platform or at the Service Provider’s Branches are as listed on the Platform.

3.2. Contract Plans constitute a monthly commitment from the Subscriber at the monthly rate as stipulated on the Platform. Contract Plans that include a handset device that will be leased to the Subscriber may require an upfront payment as depicted on the Platform.

4.1. The Add-On Bundles which can be purchased to supplement the MOBI plans can be found on the Platform.

4.2. The Data Roaming Add-On Bundles for MOBI subscribers) which can be purchased to supplement the Plans above are as stipulated on the Platform.

5.1. The Rates & Charges for local provision of minutes, SMS and data (after exceeding the monthly Plans including Add-Ons) including IDD and roaming charges are as stipulated on the Platform.

6.1. The Subscriber agrees that:

6.1.1. They have read, understood and accepted these Specific Terms and these Specific Obligations which regulates their use of the Services above;
6.1.2. For any Contract Plan depicted on the Platform, the Subscriber shall enter into the mandatory contractual term that shall commence from the date stipulated at the Monthly Rate;
6.1.3. For any Contract Plan depicted on the Platform, the Subscriber shall be obliged to pay the deposit stipulated before its commencement;
6.1.4. Should they exceed any of the limits on their monthly quota for any of the Plans or Add-Ons combined, they shall be charged on a pay-per-use basis on the rates and charges stipulated in Clause 5.1;
6.1.5. Any and all payments due will be subject to its depiction on the Platform or Registration Forms and according to all the Terms applicable under the General Terms;
6.1.6. If they are a foreign national, they will be required to provide a Guarantee prior to the commencement and Activation of any Plan. This Guarantee is refundable upon its completion provided there are no outstanding debts accrued. The Service Provider may at its discretion vary the amount of the Guarantee due;
6.1.7. Their Contract Plan will revert to the equivalent version of a Non-Contract Plan unless otherwise renewed by the Subscriber prior to expiry of their Contract Plan.;
6.1.8. If they terminate any Contract plan prior to its completion, the Subscriber will be imposed the applicable penalty charges that take into consideration the remaining period of the Plan or the amount equivalent to the device (if applicable);
6.1.9. Any Bundles consist of a MOBI Plan with a leased device requiring an upfront payment as depicted on the Platform known as Contract Plans, and upon its expiry these Contracts will revert to its equivalent MOBI Plan;
6.1.10. Any leased device Bundled with their contract shall belong to the Service Provider and their titles of ownership shall not pass to the Subscriber (where applicable) unless and until their debts to the Contract Plan have been satisfactorily completed;
6.1.11. Data Add-On purchases stipulated in Clause 4 will be charged on your bill, purchases made cannot be cancelled and are not refundable.
6.1.12. That Data Roaming Add-On Bundles are non-refundable and if unused will be forfeited upon expiry;
6.1.13. That they shall ensure they maintain a credit limit above B$ 100.00 before engaging any Data Roaming Add-On Bundle;
6.1.14. In the event that a Contract Plan is no longer offered, the Service Provider shall offer a similar Contract Plan to the Subscriber.
6.1.15. The Service Provider may terminate this Contract due to a breach by the Subscriber to any of the terms above or to any of its obligations and duties under the General Terms.

6.2. The Service Provider agrees:

6.2.1. To provide the Subscriber a notification of one (1) month before the expiry of their plan where applicable;
6.2.2. The Subscriber can revise, change, upgrade, or downgrade their monthly subscription plan either on the Platform or by notifying the Service Provider provided that one (1) months’ notice is given prior to expiry of the contract period;
6.2.3. Any deposit payment made by the Subscriber shall be refunded, free of interest, to the Subscriber when their obligations under the Contract or Plan has been fully performed and there is no outstanding debt accrued;
6.2.4. They shall provide the Subscriber with standard warranty terms on any device Bundled with their Contract which may vary according to its make and model;

7.1. The available MOBI Bundles depicted on the Platform are listed on the Platform.

7.2. Any Subscribers engaged on any obsolete MOBI plans are afforded the right to renew their current plan or upgrade into any of the plans depicted on the Platform.

7.3. A Subscriber switching their Plan from EASI to MOBI will have to stay subscribed for six (6) months before switching back to EASI.

7.4. A Subscriber can migrate their existing EASI Prepaid Plan number for a MOBI Postpaid Plan number by paying the prescribed fees depicted on the Platform.

7.5. The Applicable Countries/Operators available for International Data Roaming Add-On are as stated on the Platform.

7.6. The Applicable Countries/Operators available for International Roaming Services: voice, SMS and data and the pay-per-use roaming charges are as stipulated on the Platform.

7.7. The Applicable Countries for international direct dialling operators (IDD) for IDD 00 Plus, Economy Call 095 and Super Economy Call 099 and the pay-per-use IDD calls charges are as stipulated on the Platform.

7.8. The Applicable Countries for international SMS and the pay-per-use international SMS charges are as stipulated on the Platform.

1.1. The General Terms shall apply and govern each and/or all of the Services in addition to any Specific Terms, and in the event, there is a conflict or inconsistency between the Terms, the documents shall be construed in the following order of precedence:

(i) any other terms and conditions otherwise agreed between us in writing
(ii) the applicable Specific Terms; and
(iii) the General Terms.

In the event such construction fails to resolve the conflict or inconsistency, such conflict or inconsistency shall be resolved in a manner most favourable to the Service Provider, to the extent permissible under the applicable law.

1.2. This EASI Specific Terms shall apply and govern all products and Services in relation to the EASI Prepaid Plans depicted on the Platform under the umbrella of the General Terms.

1.3. In this EASI Specific Terms of Service, words and expressions shall have the same meaning as outlined in Clause 1.1 of the ‘General Terms’ and Conditions of Services.

1.4. Unless otherwise stated, any reference made in this EASI Specific Terms to any Clauses shall be interpreted as to Clauses within these terms.

1.5. Unless otherwise stated to be for International or Roaming use, the provision of Services for call minutes, SMS and data in this Specific Terms shall be interpreted for local use only.

2.1. Registration for any EASI plans must be submitted in compliance with the applicable Registration Forms stipulated on the Platform or available at any of the Service Provider’s branches nationwide.

2.2. The available EASI Services for Subscription are as stipulated on the Platform.

2.3. Subscribers, depending on their classification, are required to purchase the corresponding Plan to proceed in Activating the Prepaid Service, with the details of each Plan stipulated on the Platform.

2.4. Activation of the EASI Service begins upon the first call or first SMS or first data use made by the Subscriber charged at its rates in Clause 3, at which point the validity of the SIM Card will commence towards expiration.

3.1. The available credit of the Subscriber shall be charged and deducted according to the rates and charges of their Plan as stipulated on the Platform for use of the their respective corresponding Service.

4.1. The EASI products available for purchase to replenish the available credit on the EASI SIM Card are as stipulated on the Platform.

4.1. The Subscriber will be entitled to the following credit refunds, if their purchase and Activation of a Recharge Card complies with the timeframes set out on the Platform.

4.3. The Subscriber may purchase a Recharge Card from the Service Provider or any of its authorised vendors, sales agents, dealers or via the Platforms to enable the renewal or extension of the Validity Period of the SIM card and to ensure there is sufficient balance to offset any charges or fees in relation to the use of the Service.

5.1. The available Data, International and Data Roaming Add-On Bundles which can be purchased to supplement the EASI Service are as stipulated on the Platform.

6.1. The Subscriber agrees that:

6.1.1. They shall be responsible for the management of the validity of their EASI SIM Card, ensuring that they shall maintain the use of Recharge Cards to extend the validity of their SIM card for so long as they intend to use their EASI number, and that they shall not hold the Service Provider liable for any loss due to its Deactivation as a result of insufficient credit;
6.1.2. Where applicable, after the respective SIM card validity has expired or has been suspended, the Service Provider is entitled to deregister the Subscriber and repossess and resell the number;
6.1.3. Data Add-On purchases stipulated in Clause 5.1 will be charged by deduction from available credit, purchases made cannot be cancelled and are not refundable;
6.1.4. It will abide by the mandatory requirement to register all Prepaid numbers at the point of purchase, and that failing to register their EASI Plan will result in their number being deactivated and blocked until it is registered.
6.1.5. They are required to re-register each of their SIM cards. Failure to complete the re-registration within the specified timeframe will result in the immediate deactivation of the affected SIM card(s). The re-registration process may be initiated via an online or electronic platform and must be completed with physical verification at the authorised branches of the Service Provider.
6.1.6. All mobile prepaid SIM cards are regulated to ensure the accuracy of customer records and safeguard against fraudulent registration and usage. This re-registration process is part of a collaborative regulatory effort by the relevant authorities and mobile service providers to maintain secure and accurate subscriber information;
6.1.7. All necessary documents required for re-registration, as specified by the Service Provider, are provided in accordance with the applicable regulations;
6.1.8. Deactivations of mobile prepaid SIM cards due to failure to re-register are permanent. Any attempt to reactivate a deactivated SIM card after the assigned timeline will be treated as a new registration, and applicable fees may be charged.
6.1.9. All subscribers under 12 years old are not permitted to re-register their own SIM cards. Re-registration must be completed by a parent or legal guardian on their behalf. Once the child reaches 12 years old and possesses a valid identification card, they may update or re-register their SIM card independently.
6.1.10. They are not to transfer, sell, lease, or rent their mobile prepaid SIM cards to others to avoid fraudulent use. If a change of ownership occurs, both the current and new owner must be present at the Service Provider’s branch to complete the deregistration and registration process.
6.1.10. They are not to transfer, sell, lease, or rent their mobile prepaid SIM cards to others to avoid fraudulent use. If a change of ownership occurs, both the current and new owner must be present at the Service Provider’s branch to complete the deregistration and registration process.
6.1.11. In cases where their personal details have been used fraudulently to purchase a mobile prepaid SIM card, a police report must be filed for investigation.
6.1.12. The Service Provider may terminate this Contract due to a breach by the Subscriber to any of the terms above or to any of its obligations and duties under the General Terms.

6.2. The Service Provider agrees that:

6.2.1. They shall only charge the Subscriber for successful calls made and received whether domestic or international at the rates outlined in Clause 4.1;
6.2.2. They shall not charge the Subscriber for use of any of its support line, customer care or operator services including but not limited to *100# *101* and *102# unless otherwise stated;
6.2.3. They shall provide the Subscriber an EASI SIM Card that shall be valid for so long as the Subscriber has prepaid for according to the rates and charges associated for the Service used including but not limited to local and international SMS, call time minutes and data;
6.2.4. They do not require the Subscriber to return the SIM card after termination of its service.;
6.2.5. Data Add-On Bundles can still be utilised by the Subscriber, even if the Subscribers prepaid available credit has been depleted;
6.2.6. They will provide the Subscriber with international roaming capabilities (for applicable services) pre-activated on their prepaid SIM to be charged according to the rates of the used roaming Service.

7.1. Irrespective of the number of recharges made, not inclusive of any promotion that awards extended credit accumulation period that the Subscribers are engaged in, the credit accumulation shall not exceed a maximum of three hundred (300) days at any one time where applicable.

7.2. Bonus credit can be used for all local outgoing calls, SMS and data ONLY.

7.3. International Calls and SMS made by the Subscriber shall be charged at the rates according to the depiction of IDD and 095 Rates stipulated on the Platform.

7.4. Roaming services: voice, SMS and data made by the Subscriber while abroad shall be charged at the rates according to the depiction of roaming rates stipulated on the Platform.

1.1. This Merchant Terms & Conditions (“Merchant Terms”) governs the use of Merchant services (the “Merchant Services” as defined hereunder) for you to sell on DST Shop (“Shop”). It is important for you to read and understand all these Merchant Terms carefully and thoroughly because these Merchant Terms stipulate your responsibilities, obligations, rights, and other detailed flow of operations of your use of the Merchant Services.

1.2. By using the Merchant Services hereof, you agree that you have fully and clearly read and understood all terms and conditions of these Merchant Terms that are applicable to you, and all together shall constitute a legally binding agreement between you and DST. For the avoidance of doubt, upon signing to Merchant Registration Form, you have expressly agreed to all terms and conditions of these Merchant Terms. If you do not agree to these Merchant Terms, please do not sign the Merchant Registration Form, or continue using the Merchant Services hereof.

1.3. DST may amend and/or supplement these Merchant Terms (including the Fees) at any time at our sole discretion. Such amendment and/or supplementation shall become effective within seven (7) days from our notice to you or once they are posted on our website, the Application, or any other online site which you are able to access. It is your responsibility to review these Merchant Terms regularly. Your continuation of using the Merchant Services after any such amendment and/or supplementation, whether or not reviewed by you, shall constitute your agreement to be bound by such amendment and/or supplementation.

1.4. “DST”, “we”, “us”, “our”, or “ours” hereof refer to DST. “Merchant”, “you”, “your”, or “yours” hereof refer to Merchant.

2.1. In this Merchant Terms & Conditions, the following expressions shall have the following meanings (unless contextually stated otherwise):

“DST” means Datastream Digital Sdn Bhd.

“DST Platform” means the system or platform digitally developed and provided for by DST to the Merchant for the purpose of providing access, hosting including payment gateway to the Merchant to facilitate and promote acquisitions of the Merchant goods and/or services.

“DST Platform Services” means the DST platform that provides access, hosting including payment gateway to the Merchants.

“Fees” means the applicable Merchant Discount Rate, Platform Fees, Monthly Charges and/or Transaction Charges as prescribed by DST.

“Goods” means tangible products or items that are available for purchase by Users that the Merchant allows Users to purchase on the Shop via MyDST.

“Intellectual Property Rights” means all rights in relation to patents, copyright, designs, trademarks, trade secrets, know-how, semiconductor or circuit layout rights, business or company names, confidential information and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967, including any right to register those rights, whether created before, on or after the date of this Merchant Terms, existing in any country and in all cases for the duration of those rights.

“Merchant” means you as an independent third-party service provider who uses the Merchant Services hereof to offer your product/services to User via MyDST.

“Merchant Portal” means the web portal maintained by DST for the purpose of tracking online transactions made by MyDST Users and transactions made by DST into the Merchant’s wallet.

“Merchant Discount Rate” means the discounted rate chargeable and deducted by the DST to the Merchant from the value of the MyDST Transaction for the utilisation of MyDST including but not limited to use of other platforms provided by DST, as the case may be.

“Merchant Registration Form” means [add]

“Merchant Services” means the services offered by DST for the purpose of allowing registered Merchants to receive direct transactions from MyDST Users on MyDST to pay for goods, services and utilities supplied by the Merchant to the Merchant’s customer, through the use of MyDST.

“MyDST” means the DST mobile application available for DST customers or subscribers all-one-access to DST products and/or services where available including cashless mode of payment by MyDST Users.

“MyDST Transactions” means transactions made via MyDST between MyDST User and DST.

“MyDST User” means an individual who has signed up for MyDST for the purpose of allowing cashless payment via MyDST.

“Order” means when a User places an order for Goods from our Merchants.

“Shop” means the digital mobile wallet application that is available in MyDST.

“User” means the end-user, persons who accesses or uses the Shop to search and order (food and beverage, groceries and/or other products and services) which are made available to the User(s) on MyDST;

3.1. These Merchant Terms will commence on the date set out in Attachment 2 of this Merchant Terms and shall continue to be in force unless terminated in accordance with the terms of this Merchant Terms.

3.2. As from the commencement date, DST shall make available to the Merchant and the Merchant is licensed to apply, utilise and update MyDST and its derivative and associated applications.

4.1. During the term of this Merchant Terms, the Merchant hereby represents, warrants, and undertakes that it will:

4.1.1. not directly or indirectly, solicit, initiate, engage or participate in any discussions, negotiations, collaborations, agreements or contracts, partnership of a similar nature to provide the Merchant Services or DST Platform Services with any third party without the prior written consent of DST;
4.1.2. Inform its customers of the Merchant Services available to its customers;
4.1.3. Be responsible for the preparation, condition and quality of Goods. Merchants are responsible for delivery of the Goods and/or Orders to Users. DST shall not be liable for any loss or damage arising from User’s contractual relationship with the Merchant.
4.1.4. Represents and warranties that all Goods price appeared on Shop is in compliance with regulations on price controls and any related laws, and information, in connection with Merchant, Merchant’s branch, and/or Goods, advertised on Shop are accurate and in compliance with the relevant laws and regulations in every respect, and does not infringe any Intellectual Property Rights of any third party. In the event that information on Shop is incorrect or outdated, such as the Goods price and the actual selling price that Merchant collects from Users ordering via MyDST being inconsistent, Merchant shall be solely responsible to Users, government authorities, and/or any third parties.
4.1.5. Co-operate and comply with DST’s reasonable instructions in all matters relating to the services under this Merchant Terms;
4.1.6. Faithfully observe and be bound by the terms and conditions of this Merchant Terms, the applicable terms and conditions governing the use of MyDST, the Merchant Services, DST Platform Services and any other associated platform which may be provided to the Merchant by DST from time to time to provide the services under this Merchant Terms, according to their true intents and purposes;
4.1.7. Be solely and fully responsible for compliance with the relevant terms, laws, rules, regulations, codes and practices relating to the use of MyDST, Digital Wallet, the Merchant Services, Merchant Portal and relating to advertising of or on MyDST or the Merchant Services and to adhere strictly to all applicable regulatory guidelines for the same or otherwise;
4.1.8. Be solely and fully responsible for procuring all necessary licences, consents, permits, approvals from the relevant governmental and/or regulatory authorities which are required for the Merchant to provide its services to DST;
4.1.9. As and when requested by DST, the Merchant shall furnish promptly on demand any information and/or compliance requirements in writing to DST in all material aspects together with such documents and evidence and such information and/or data provided are accurate and not misleading as at the date it was provided or as at the date (if any) at which it is stated, marked or labelled; and
4.1.10. A breach of any terms and conditions under this Merchant Terms may result in suspension and/or termination of the Merchant Services and/or DST Platform Services and DST shall have the right to legal actions or claim to the Merchant.

5.1. MyDST and MyDST Merchant Portal

5.1.1. DST shall offer the Merchant Services, Merchant Portal and/or the DST Platform Services for the benefit of the Merchant and to effect such payment for goods, services and utilities supplied by the Merchant to the Merchant’s customers, through the use of MyDST via the internet and/or DST’s platform.
5.1.2. The Merchant Portal shall be provided to the Merchant to enable the Merchant to track online transactions and the Merchant hereby understands and agrees that the Merchant Portal provided by DST shall not be accessed, used or misused for any unlawful purpose.
5.1.3. DST reserves the right to terminate, suspend and/or restrict your access to or use of the Merchant Portal and/or DST Platform Services at any time if, in DST’s opinion, your access to or use of the Merchant Portal and/or DST Platform Services violate any laws, regulations, or rulings, which infringe upon any applicable rights, or violate any agreement between DST and the Merchant.
5.1.4. DST, may from time to time in its sole and absolute discretion, make changes to MyDST and the related services to comply with any needs in terms of marketing or statutory requirements (whether having the force of law or not). Any changes made shall form part of this Merchant Terms and is deemed accepted by the Merchant upon notification to the Merchant.
5.1.5. Any update and improvement on MyDST made by DST does not provide the Merchant with ANY right to claim proprietary interests or rights in the updated version of the application or otherwise.
5.1.6. The Merchant agrees that MyDST and any derivative application including the Merchant Portal shall only be used for its lawful business activity only and shall not be used for any other activity.
5.1.7. DST makes no warranty or representation as to the appropriateness or suitability of MyDST for the Merchant’s business.

5.2. DST Platform Services

5.2.1. DST shall provide DST Platform Services to the Merchant, where applicable subject to the respective fees prescribed by DST set out in Attachment 2 of this Merchant Terms.

5.3. Technical Support

5.3.1. The Merchant may contact DST for support services at DST’s designated call centre.
5.3.2. On-site support services may only be provided as deemed necessary by DST.

5.4. Processing Transactions

5.4.1. DST shall only be responsible for processing MyDST Transactions that have been transmitted through MyDST in a timely manner and proper format. DST shall not be responsible for any improper or untimely use of MyDST or the Merchant Portal.

5.5. Settlement and Finality

5.5.1. TAll MyDST Transactions will be settled according to the payment and settlement process. The Merchant shall verify with DST for the amount of funds transferred into their nominated account. Any discrepancy shall be notified to DST as soon as possible and within thirty (30) days from the date of the transaction failing which such transaction is deemed accepted by the Merchant.

6.1. The Merchant shall pay DST the applicable Fees stated in Attachment 2 of this Merchant Terms, which shall be deducted by DST from the payments received for the MyDST Transactions. The Fees may be revised from time to time upon DST giving thirty (30) days prior written notice to the Merchant and subject to mutual agreement.

7.1. The Merchant will display any advertising or promotional messages and/or publications provided by DST for the purpose of informing MyDST Users of payment of the Merchant’s products or services via MyDST.
7.2. The Merchant grants DST the right to use the Merchant’s company name, logo, brands, goodwill and trademarks in marketing, and other communication to promote the use of the Merchant Services. DST shall not use the Merchant’s name, logo, trademarks without its prior written permission and consent and DST shall only use such logo and trademark provided by the Merchant.

8.1. Each Party warrants that it is the legal licensee of all Intellectual Property used under this Merchant Terms, free from any infringement or violation of third-party ownership of intellectual property rights and no other party will claim to have the same ownership of such Intellectual Property.

9.1. Subject always to Sub-Clauses 9.2, 9.3 and 9.4, the liability of DST to the Merchant for any and all Claims or other consequences or any damages, losses, costs or expenses arising out of, resulting from, or related to use of MyDST, the Merchant Services, DST Platform Services or Merchant Portal, including without limitation, liabilities arising out of DST’s negligence, mistakes and omissions, interruptions, delays, errors or other defects in the use of MyDST, the Merchant Services, DST Platform Services or Merchant Portal or failure to provide the use of MyDST, the Merchant Services or Merchant Portal whether caused by acts of commission or omission, shall, in any event, be up to the amount of the single recent payment due from the DST to the Merchant.
9.2. DST shall not be liable to the Merchant or its agents or any other party for any Claims or other consequences or damages, losses, costs or expenses suffered as a result of:

9.2.1. an event of force majeure;
9.2.2. any act, neglect, negligence or default of DST, its agents, affiliates, officers or employees;
9.2.3. Interruptions for testing or maintenance of any equipment used in the provision of the use of MyDST, the Merchant Services or Merchant Portal;
9.2.4. Non-performance, malfunction or failure of any equipment including but not limited to the facilities of MyDST, the Merchant Services, DST Platform Services or Merchant Portal or any other equipment or services or facilities utilised in the use of MyDST, the Merchant Services, DST Platform Services or Merchant Portal;
9.2.5. Any failure, disruption or cut in power supply to the facilities of MyDST, the Merchant Services or MyDST Merchant Platform or to any other equipment or platform utilised by the Merchant or the MyDST User in the use of MyDST, the Merchant Services or Merchant Portal;
9.2.5. Compliance or non-compliance by the Merchant with order of any court, agency, legislature or other governmental authority with respect to the use of MyDST, the Merchant Services or Merchant Portal or any part thereof.

9.3. In relation to the allowing the use of the use of MyDST, the Merchant Services or Merchant Portal, DST shall not be liable to the Merchant or its agents or any other party for any damage losses, costs or expenses suffered as a result of:

9.3.1. any errors in the use of MyDST, the Merchant Services or Merchant Portal intended to be carried or transmitted by, to or for the benefit of the Merchant; or
9.3.2. any failure, disruption or interruption of the delivery or reception of the MyDST, the Merchant Services or Merchant Portal;
9.3.3. the loss of any content, data, programmes or information intended to be carried or transmitted by, to or for the benefit of the Merchant; or

9.4. Notwithstanding any contrary provision of this Merchant Terms, DST shall not be liable to the Merchant or any other party for any amounts representing their respective loss of profits, loss of business, or direct or indirect special, exemplary, consequential, or punitive damages, arising from DST’s performance or non-performance of this Merchant Terms, or any acts or omissions associated therewith or related to the use of any MyDST, the Merchant Services or MyDST Merchant Platform provided hereunder, whether the basis of the liability is breach of contract, tort (including negligence and strict liability), statutes, or any other legal theory or principle.

9.5. Any and all express and implied warranties relating to the use of MyDST, the Merchant Services or Merchant Portal provided under this Merchant Terms, including without limitation, warranties of merchantability or fitness for a specific purpose or use, are expressly disclaimed.

9.6. The Merchant acknowledges and agrees that the use of MyDST, the Merchant Services or MyDST Merchant Platform are subject to inherent risks and uncertainties and that DST makes no assurances that:

9.6.1. the use of MyDST, the Merchant Services or MyDST Merchant Platform will be 100% free from malfunction, glitches, errors, interception, interruption, delays, unauthorised intrusions or access, tampering, virus attacks and/or any other failure or problem whatsoever; and
9.6.2. the equipment and facilities used in and for the use of MyDST, the Merchant Services or MyDST Merchant Platform will be 100% free from malfunction, glitches, errors, interception, interruption, delays, unauthorised intrusions or access, tampering, virus attacks and/or any other failure or problem whatsoever.

10.1. The Merchant shall indemnify and hold harmless DST, its directors, officers, employees, agents, affiliates and assignees of them, from and against any losses or liabilities, including without limitations:

10.1.1. any and all claims, demands, costs, expenses, losses, liabilities or damages (including but not limited to, legal fees, costs of investigation and cost of suit), of whatever kind or character, on account of any actual or alleged loss, injury or damage to any person, firm or corporation or to any property (collectively “Claims”), arising from or in connection with DST’s allowing the use of MyDST, the Merchant Services or Merchant Portal;
10.1.2. any Claims for libel, slander, invasion of privacy, or infringement of Intellectual Property Rights, copyright, trademark, patent or other contractual or proprietary right, or any other tortious injury arising from the provision of MyDST, the Merchant Services or Merchant Portal;
10.1.3. any Claims by a third party relating to the failure or interruption of, or defect in, the reception of MyDST content or sub-application under this Merchant Terms, the Merchant Services or Merchant Portal;
10.1.4. any Claims for breach of security of MyDST, the Merchant Services or Merchant Portal content or data protection;
10.1.5. any Claims or dispute between the Merchant and/or any of MyDST Users relating to the the Merchant Services;
10.1.6. any Claims or disputes between the Merchant and any third party in relation to the reception of MyDST, MyDST Merchant Service or Merchant Portal;
10.1.7. any Claims arising from the breach of the Merchant of any obligations under this Merchant Terms;
10.1.8. any Claims or disputes arising from any representation that the Merchant makes to any third party or MyDST user with respect to the Merchant Services or MyDST content;
10.1.9. any Claims, fine, penalty or consequences arising from the breach of any laws or regulations, including but not limited to censorship and advertising regulations, where applicable, as well as breach on the part of the Merchant of any warranties, covenants, obligations and undertaking given by the Merchant to any relevant government or quasi-government authority relating to the provision of MyDST content, the Merchant Services or by reason of DST acting on behalf of the Merchant, at the request and on the instructions of the Merchant, in any correspondence or communications whatsoever with such authorities; and the provisions of this Clause shall survive the termination of this Merchant Terms.

11.1. The Parties shall, at all times during and after termination of this Merchant Terms, keep all information relating to the business or financial affairs of the other party, MyDST User’s personal information or any other information or data disclosed to or otherwise obtained by it pursuant to the Merchant Terms, confidential and secret, and shall not directly or indirectly disclose such information to any third party other than its employees or agents or contractors, other than on a need to know basis. The Parties will at all times ensure that any such person complies with this obligation of confidentiality provided that this obligation shall not extend to information:

11.1.1. Which is or comes into the public domain other than by breach of this Merchant Terms;
11.1.2. The disclosure of which is required by law;
11.1.3. Which comes into one party’s possession prior to the other’s disclosure or is acquired lawfully and in good faith from an independent third party.
11.1.4. No public announcement, press release, communication or circular (other than to the extent required by law or regulation) concerning this Merchant Terms will be made or shared by the Merchant without the prior expressed consent of the DST.

12.1. Unless otherwise terminated according to the other conditions of this Merchant Terms, either Party may terminate this Merchant Terms by giving sixty (60) days written notice to the other Party.

12.2. At any time, we may, upon giving written notice to you, immediately terminate your use of the Merchant Services hereof as stated in the Merchant Terms or temporarily suspend the Services, if:

12.2.1. We suspect that there is any unlawful, illegal, and/or fraudulent act committed by you and/or your employees or agents;
12.2.2. There is a disputed Amount where you are expected to return or pay back the amounts to us;
12.2.3. You repeatedly receive bad reviews from Users or complaints of failure to fulfil orders;
12.2.4. You are in violation of any food safety or other regulations relating to Restaurants/ Stores and/or food and/or beverage; or
12.2.5. In our reasonable opinion, you are in breach of any terms of these Merchant Terms or may be negatively affecting DST’s business. For the avoidance of doubt, any suspension of the Merchant Services hereof shall not result in termination of the Merchant Terms, the provision of which shall remain applicable.
12.2.5. In our reasonable opinion, you are in breach of any terms of these Merchant Terms or may be negatively affecting DST’s business. For the avoidance of doubt, any suspension of the Merchant Services hereof shall not result in termination of the Merchant Terms, the provision of which shall remain applicable.

12.3. At any time, either Party may, upon giving written notice to the other Party, immediately terminate the use of the Merchant Services hereof as stated in the Merchant Terms, if the other Party terminates or suspends its business, enters into bankruptcy or insolvency proceedings or other analogous proceedings, or becomes subject to any law, regulation or restriction which prevents such
12.4. The termination of the use of the Merchant Services hereof as stated in the Merchant Terms shall not relieve or limit each of the Parties from its obligations, responsibilities, and liabilities accruing prior to such termination. other Party performing its obligations hereof and in the Merchant Terms.

13.1. The Merchant shall be entirely liable and responsible for all taxes (including withholding tax, if applicable), duties (including stamp duties), levies and/or fines imposed or payable for or in respect of this Merchant Terms or in connection with any transaction(s) forming the subject matter of this Merchant Terms.

14.1. The DST shall be entitled to terminate this Merchant Terms and recover from the Merchant the amount of any loss directly attributable and resulting from such termination, if the Merchant shall have offered or given or agreed to give to any person, any gift or consideration of any kind as an inducement or reward for doing or forbearing to do of having done or forborne to do, any action in relation to the obtaining or execution of this Merchant Terms with the DST, or for showing or forbearing to show favour or disfavour to any person in relation to this Merchant Terms or any other agreement with the DST or the like acts shall have been done by any person employed by the Merchant or acting on its behalf (with or without the knowledge of the Merchant) or if, in relation to this Merchant Terms or any other contract with the DST, the Merchant or any person employed by the Merchant or acting on behalf shall have committed or abetted to commit an offence under the Prevention of Corruption Act (Cap. 131) or sections 161 to 165 or 213 to 215 of the Penal Code (Cap. 22).

15.1. Force Majeure means all events beyond the control of the Party claiming Force Majeure which cannot be foreseen or if foreseeable, are unavoidable, which occur after the execution of this Merchant Terms, which prevent or hinder the performance of the Parties’ obligations under this Merchant Terms (or any of them), including but not limited to:

15.1.1. acts of God;
15.1.2. War, hostilities, riots, insurrection or civil commotion, malicious damage, blockades, embargoes, strikes, lockouts and industrial disputes affecting such performance; and
15.1.3.Flood, fire, rainstorms and other natural physical disasters, plague or other epidemics or pandemics.
15.1.4. If Force Majeure prevents or hinders performance by the Parties of their obligations under this Merchant Terms (or any of them), the Party so affected shall:

15.1.4.1.1 Not be held liable for delay or failure in performing such obligations for so long as Force Majeure continues to affect/prevent performance;
15.1.4.1.2 forthwith notify the other Party (giving full details thereof) and within fourteen (14) Business Days from the date of such notice, the Parties shall meet to determine by agreement the consequences. If no agreement is reached within a further period of forty-five (45) Business Days and if the circumstances of Force Majeure continue, either Party shall have the right to terminate this Merchant Terms by giving written notice to the effect to the other without liability to pay any compensation or damages.

15.1.5. A statement in writing by a competent, authoritative, independent body confirming the veracity of a Force Majeure event claimed by either Party shall be accepted as conclusive evidence thereof.

15.1.4.1.1 Not be held liable for delay or failure in performing such obligations for so long as Force Majeure continues to affect/prevent performance;
15.1.4.1.2 forthwith notify the other Party (giving full details thereof) and within fourteen (14) Business Days from the date of such notice, the Parties shall meet to determine by agreement the consequences. If no agreement is reached within a further period of forty-five (45) Business Days and if the circumstances of Force Majeure continue, either Party shall have the right to terminate this Merchant Terms by giving written notice to the effect to the other without liability to pay any compensation or damages.

15.1.5. A statement in writing by a competent, authoritative, independent body confirming the veracity of a Force Majeure event claimed by either Party shall be accepted as conclusive evidence thereof.

16.1. All notices, requests, demands and communication required under this Merchant Terms will be in writing and delivered personally, by registered mail or by electronic mail addressed to the recipient as follows:

Notices to DST shall be sent to:
Datastream Digital Sdn Bhd
DST Headquarters
Jalan Tungku Link BE3619
Brunei Darussalam

Attention to:
Email:
Phone:

16.2. Communication to the Merchant shall be addressed to the details stated in Attachment 2 of this Merchant Terms.

16.3. Each notice, demand, request or communication shall be deemed received:

16.3.1. in the case of personal delivery and/or courier, at the time of acknowledgement of receipt by the Party to whom it is addressed, or at such other time, if any, as delivery is refused by the addressee upon presentation;
16.3.2. in the case of prepaid registered mail, seven (7) days after the date of posting; or
16.3.3. in the case of electronic mail addressed, at the uniform time the email enters the information processing system that the recipient has designated or uses for the purpose of receiving email.

17.1. The terms and conditions in this may be varied or supplemented from time to time at the discretion of DST through written notices and information of the new terms and conditions to the Merchant. In the event the Merchant disagrees with the amended terms and conditions, the Merchant must notify DST within fourteen (14) days of the notification of the new terms and conditions. In the event that the Merchant did not inform DST of its disagreement to the amended terms and conditions, the Merchant is deemed to have accepted the amended terms and conditions which will apply to the Merchant with effect from the 15th day of notification.

18.1. DST is authorised to provide or disclose information, documentation, record or data regarding the Merchant or the MyDST User received by DST pursuant to this Merchant Terms to:

18.1.1. Any digital certificate authority or regulatory authority; or
18.1.2. Any corporation or person who, from time to time, is providing or facilitating electronic, computer or telecommunication services with respect to or in connection with DST’s Payment Gateway System.

18.2. DST will be under no obligation to refrain from delivering the Merchant’s or MyDST User’s data, documentation or records to the Ministry of Finance or any authority having jurisdiction over DST, to a duly authorised government representative, officer or agency or to any card issuing bank (where applicable) or from providing such persons with access to such data, documentation or records.

19.1. This Merchant Terms does not create or deem to create any relationship of partnership, joint venture, employer/employee or joint responsibility between the Parties hereto.

20.1. The Merchant shall not assign, transfer, novate all or any part of this Merchant Terms or delegate any of its rights or obligations under this Merchant Terms to any third party without the prior written consent of DST.

21.1. This Merchant Terms shall be governed by and construed in accordance with the laws of Brunei Darussalam and the Parties and the courts of Brunei Darussalam shall have sole and exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any dispute which may arise out of or in connection with this Merchant Terms.

1.1. This Fair Use Specific Terms sets out the acceptable level of conduct between the Service Provider and the Subscriber.

1.2. Access or use of the Platform is deemed as having read, understood and in agreement with being bound by these Specific Terms.

1.3. The use of the Platform is also subject to the Privacy Policy.

1.4. The General Terms shall apply and govern each and/or all of the Services in addition to any Specific Terms and Policies, and in the event, there is a conflict or inconsistency between the Terms, the documents shall be construed in the following order of precedence:

(i) the applicable Specific Terms; and
(ii) the General Terms.

In the event such construction fails to resolve the conflict or inconsistence, such conflict or inconsistency shall be resolved in a manner most favourable to the Service Provider, to the fullest extent permissible under the applicable law.

1.5. This Fair Use Specific Terms shall apply and govern all products and Services depicted on the Platform under the umbrella of the General Terms.

1.6. In this Fair Use Specific Terms, words and expressions shall have the same meaning as outlined in Clause 1.1 of the ‘General Terms’ and Conditions of Services.

1.7. Unless otherwise stated with reference to any other Terms, any reference made in this Fair Use Specific Terms to any Clauses shall be interpreted as to Clauses within these terms.

2.1. The Service Provider is committed to ensuring Subscribers have a quality experience which may be disrupted by usage patterns of a small number of Subscribers.

2.2. Usage of certain peer-to-peer or file sharing applications including but not limited to Bit Torrent, eDonkey and Limewire utilise huge amounts of data in the process of file transfers. Subscribers who utilise these applications contribute to network congestion and negatively impact the quality of experience of other Subscribers.

2.3. In the instances listed in Clause 2.2, the Service Provider cannot guarantee the level of service and/or connectivity to users who participate in the activities listed in the said clause.

2.4. The Service Provider reserves the right to implement and enforce the Fair Use Policy at its sole discretion to regulate data use.

2.5. The Subscriber must take all precautions and rightful action to ensure the activities in Clause 2.2 are controlled and minimised at all times.

2.6. For Contract Plans and Non-Contract Plans and/or Add-On data bundles that come with unlimited data allowance and/or $0.00 data charges after exhaustion of data allowance, bandwidth speed will be reduced once the accumulated data use has reached the pre-determined threshold.

2.7. Usage is accumulated within the bill cycle of the subscription plan or within the validity of Add-On data bundles.

3.1. The Subscriber must immediately advise the Service Provider if they become aware of any violation or suspected violation of these provisions.

3.2. The Subscriber must take all reasonable steps to ensure that others do not gain unauthorised access to his/her account and/or prevent a third party from obtaining access to the network. In this regard, each Subscriber is responsible for:

3.2.1. for the set-up and security of his/her devices and any servers they may run on their devices
3.2.2. ensuring that his/her User ID and/or password, at all times, remain confidential (where applicable)

3.3. Where applicable, the Service provider may request that the Subscriber change his/her User ID and/or password.

3.4. The Service Provider strongly recommends that the Subscribers protect their computers with anti-virus software.

3.5. The Service Provider may provide notification to subscribers via SMS upon reaching the pre-determined data usage threshold. The Service Provider does not guarantee the delivery of this SMS notification and/or the SMS notification will reach subscribers in an expected period of time. Subscribers are kindly advised to check their current data usage via USSD (mobile prepaid *133# & mobile postpaid *433#) and/or the Platform (https://www.dst.com.bn/mydst).

3.6. The Service Provider reserves the right to change the pre-determined data usage threshold and its reduced speed without prior notice to subscribers if the Service Provider determines that the Subscriber’s data usage is in excess of the fair usage and/or has not complied to the Specific Terms contained herein.

4.1. Subscribers must not use the Services to gain unauthorised access to any computer, systems or network. In particular:

4.1.1. Subscribers must not run port-scanning software on any Services
4.1.2. Subscribers must not attempt to gain unauthorised access to any computer system
4.1.3. Subscribers must not undertake any activity that has an adverse effect on the Service Provider’s Services or its other Subscribers.

4.2. The Subscriber may not resell or otherwise charge others for the use of their internet connection. This service is for recreational, residential, personal use only and may not be used for operations of an internet service provider.

4.3. The Subscriber may not use the Service connection to run programs or servers that provide network content or connectivity to any third party not that the location where the connection is installed. Examples of prohibited programs include, but are not limited to mail, FTP, HTTP, games, newsgroup, proxy and IRC servers.

5.1. In using the Service(s) provided by the Service Provider, Subscriber(s) must conform to and not violate any laws, particularly the laws of Brunei, any order, regulation or industry code of practice.

5.2. The Subscriber(s) are not permitted to use the Service(s) to carry out unlawful activities which include but is not limited to:

5.2.1. sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;
5.2.2. using for commercial purposes, unless Subscriber(s) are on the Corporate subscription;
5.2.3. sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters;
5.2.4. knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programs) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by the Service Provider or any other internet user or person;
5.2.5. allowing activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person;
5.2.6. allowing activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
5.2.7. allowing anything that may disrupt or interfere with the Service Provider’s network or services or cause a host or the network to crash;
5.2.8. launching “denial of service” attacks, “mail-bombing” attacks, “spamming” or “flooding” attacks against a host or network;
5.2.9. making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large mail attachments;
5.2.10. circumventing the user authentication or security process of a host or network;
5.2.11. creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.

In respect of the Subscribers who are in violation of this Fair Use Policy, the Service Provider may, at its option and discretion, take any responsive action including, but not limited to, having the Subscriber(s) bandwidth managed, Service(s) suspended or terminated (with or without notice as the Service Provider considers appropriate) and is not bound to give any reasons whatsoever.

1.1. This Platform Specific Terms sets out the terms that apply when a Subscriber uses a Platform.

1.2. Access or use of a Platform is deemed as having read, understood and in agreement with being bound by the General Terms, the Platform Specific Terms and the Privacy Policy.

1.3. The General Terms shall apply and govern each and/or all of the Services in addition to the applicable Specific Terms and Policies, and in the event, there is a conflict or inconsistency between the Terms, the documents shall be construed in the following order of precedence:

(i) the applicable Specific Terms; and
(ii) the General Terms.

In the event such construction fails to resolve the conflict or inconsistency, such conflict or inconsistency shall be resolved in a manner most favourable to the Service Provider, to the fullest extent permissible under the applicable law.

1.4. This Platform Specific Terms shall apply and govern all products and Services depicted on the Platform under the umbrella of the General Terms.

1.5. In this Platform Specific Terms, words and expressions shall have the same meaning as outlined in Clause 1.1 of the ‘General Terms’ and Conditions of Services’.

1.6. Unless otherwise stated with reference to any other Terms, any reference made in this Platform Specific Terms to any Clauses shall be interpreted as to Clauses within these terms.

2.1. The Service generally intends for the Platform to be used by persons above the age of eighteen (18).

2.2. If the Subscriber is under this age, they are discouraged and/or disallowed from registering for or subscribing to the Services, unless consent is provided by the Subscriber’s parent’s or legal guardian.

2.3. The Service Provider reserves the right to refuse or cancel the registration or subscription of the Services if any, and stop providing the Services if the Subscriber is under eighteen (18).

3.1. The Subscriber may register for the Services on the Platform including the use of MyDST Account.

3.2. When registering for the Services on the Platform, the Subscriber agrees to provide complete, accurate and true information, and to keep that information updated. In the event of any change in the information provided by the Subscriber upon registration, the Subscriber agrees to promptly inform the Service Provider to ensure that the Subscriber receives communication from the Service Provider and the Service Provider does not, in error, contact third parties.

3.3. If the Subscriber is registered for a Service requiring prior authentication (eg. MyDST Account), the Subscriber agrees to notify the Service Provider immediately if the Subscriber suspects any unauthorised use of the Service. The Subscriber is solely responsible for any and all use of their Account on a Platform and by default, responsible for protection of their password.

3.4. In the event the Subscriber fails to comply with the obligations under this Specific Terms, the Service Provider will be entitled, at its sole discretion, to refuse or cancel the Subscriber’s registration or subscription, and/or to block the Service and/or deny, restrict, suspend or terminate the Subscriber’s access to the Platform.

4.1. The Subscriber is responsible for checking their MyDST Account regularly and keeping track of their Account including their eBill and the accuracy of the amount detail.

4.2. The Subscriber’s Account Number is personal to the Subscriber. No other person other than the Subscriber shall have any right to claim from the Subscriber to the balance and other benefits stored in the MyDST Account. Any instructions, confirmation and/or communication sent from the Subscriber’s account or device shall be deemed to have been issued by the Subscriber irrespective of whether such instructions, confirmations and/or communications were actually sent by the Subscriber.

4.3. The Subscriber is responsible for securing their Account against any misuse by others. The Subscriber and User is responsible for protecting its hardware and software from unauthorised access, viruses, spyware and all other forms of harmful code. The Subscriber or User must log out of their Account when it is not being used.

4.4. The Subscriber acknowledges and agrees the MyDST Account does not constitute a banking account or any form of term deposit. No interests, dividends or other payments shall be accumulated or payable to the Subscriber on the balance or other benefits held in the MyDST Account.

4.5. The Subscriber acknowledges and agrees that any transactions on a Platform including but not limited to purchases, add-ons, donations, payment and/or confirmation required by Subscriber shall be final and cannot be cancelled, reversed and/or refunded.

5.1. The Subscriber acknowledges and agrees that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to the Subscriber through the Platform or by other means is not considered confidential. By submitting the Submitted Material, the Subscriber grants to the Service Provider a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes. The Service Provider will not share, sell, rent, swap or authorize any third party to use your e-mail address for commercial purposes without your consent.

5.2. The Service Provider uses cookies to collect the Subscriber’s browsing information for record-keeping, analysis and evaluation. A Subscriber may refuse to accept cookies on the browser which may affect the user experience and areas of certain sites will not function properly.

5.3. The Service Provider has engaged in a variety of industry-standard security technologies, procedures and processes and is committed to protecting the security of the Subscriber’s personal data.

5.4. When sensitive information (login data, credit card number, expiration date) is provided, encryption is performed using secure socket layer (SSL) technology.

6.1. All transactions using the Service Provider’s Platform are between the transacting parties only. The Platform may contain features or functionalities linking you or providing you with certain functionality and access to third party content, you acknowledge that we are not responsible for the functionality of such content or services.

6.2. The Service Provider is not responsible for any third-party content the Subscriber accesses with the Platform, and the Subscriber irrevocably waives any claim against the Service Provider with respect to such sites and third-party content. The Service Provider shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between the Subscriber and any such third-party. The Subscriber should make whatever investigation the Subscriber feels necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The Subscriber is solely responsible for dealings with any third party related to the Platform, including the delivery of and payment for goods and services. Should the Subscriber have any problems resulting from use of any third-party services, or should the Subscriber suffer data loss or other losses as a result of problems with any third-party services, the Service Provider will not be responsible unless the problem was the direct result of the Service Provider’s breaches.

1.1. This Privacy Policy Specific Terms sets out to inform the Subscriber on how the Service Provider collects, stores, uses, shares, processes and protects Subscriber(s)’ personal data set out in Clause 2 below.

1.2. The General Terms shall apply and govern each and/or all of the Services in addition to any Specific Terms and policies. In the event, of any conflict or inconsistency between these Terms, the followings shall be construed in this order of precedence:

(i) the applicable Specific Terms; and
(ii) the General Terms.

In the event that such construction fails to resolve the conflict or inconsistency, such conflict or inconsistency shall be resolved in a manner most favourable to the Service Provider, to the fullest extent permissible under the applicable law.

1.3. This Privacy Policy Specific Terms applies and governs all products and Services depicted on the Platform under the umbrella of the General Terms.

1.4. In this Privacy Policy Specific Terms, words and expressions shall have the same meaning as outlined in Clause 1.1 of the ‘General Terms and Conditions of Services’, unless otherwise specified.

1.5 Unless otherwise stated with reference to any other Terms, any reference to Clauses in this Privacy Policy Specific Terms shall be interpreted as referring to Clauses within this document.

2.1. The Service Provider respects the Subscriber’s privacy and endeavours to handle personal data in accordance with applicable personal data protection laws and regulations in Brunei Darussalam. However, the Subscriber acknowledges and accepts that the collection, use and disclosure of personal data is necessary for the provision of services and related business activities.

2.2. By using the Service Provider’s services, the Subscriber consents to and authorises the Service Provider to collect, use, process and disclose their personal data as reasonably necessary for the Service Provider’s business function and activities. These may include, but are not limited to, delivering and maintaining services, enhancing service quality and user experience, complying with applicable laws, and protecting the Service Provider’s rights and interests.The types of personal data that the Service Provider may collect and process include, without limitation:

2.2.1. Identity data – e.g., National Registration Identity Card (NRIC) number, passport number, address, telephone number, email address, date of birth, any biometric data provided, and service-related financial data (such as bank or credit card details, device identifiers and IP address).
2.2.2. Interaction data –including call recordings or notes from conversations with customer service, emails, letters and other communications.
2.2.3. Account data –details of the Subscriber’s account and subscribed services.
2.2.4. Usage data – such as phone numbers called or contacted by SMS, content of SMS messages sent and received, and the date, time and duration of calls and messages.
2.2.5. Equipment and network data – including information on device performance when using the Service Provider’s network
2.2.6. Preference data – based on information the Subscriber provides regarding preferred products, services or communication methods.
2.2.7. Data received from other organisations –for example, information from credit reference agencies, fraud-prevention agencies, the Service Provider’s business partners, or individuals authorised by the Subscriber to share such data.

2.3. While the Service Provider implements reasonable measures to protect personal data, the Subscriber understands and agrees that no system or transmission of data over the Internet can be guaranteed to be fully secure, and the Service Provider shall not be held liable for unauthorised or unintended access beyond its reasonable control.
2.4. The Service Provider may collect, store, use, share, process and protect the Subscriber’s personal data for purposes reasonably necessary or related to the provision and operation of its services and business activities, including but not limited to

2.4.1. Verifying the Subscriber’s identity during registration, login or access to the Platform and Services,
2.4.2. Providing and delivering the Services and features available on the Platform,
2.4.3. Enhancing, customising and improving the content and functionality of the Platform
2.4.4. Analysing usage patterns to better tailor the Services and enhance the Subscriber’s experience
2.4.5. Understanding the Subscriber’s preferences and needs to develop and offer relevant features, products or services
2.4.6. Improving the Service Provider’s communications and interactions with the Subscriber
2.4.7. Ensuring the Platform displays and functions effectively across the Subscriber’s devices and browsers
2.4.8. Providing relevant content and targeted advertisements across the Platform, social media channels, and external websites
2.4.9. Protecting and enforcing the Service Provider’s legal rights, property and interests;
2.4.9. Complying with applicable laws, regulations or legal processes, and assisting in the detection, investigation and prevention of fraud, theft or other unlawful activities.

2.4. The Service Provider may collect or share the Subscriber’s information with trusted and authorised third-party service providers to give the Subscriber a better customer experience, by displaying relevant content and advertisements across websites.

2.5. The Service Provider may, as reasonably necessary and in accordance with applicable laws, disclose the Subscriber’s personal data to trusted third-party service providers. This includes for purposes such as improving the Subscriber’s experience, displaying relevant content and advertising, and offering additional products or services available through the Platform

2.6. The Service Provider will not share, sell, rent, swap or authorise any third party to use the Subscriber’s personal data for unrelated commercial purposes without the Subscriber’s consent, except as reasonably necessary to deliver the services or as otherwise permitted or required by law

2.7. The Service Provider may use cookies and similar technologies to collect data on the Subscriber’s browsing activities to analyse, improve and customise the Platform. The Subscriber may choose to disable cookies through browser settings; however, this may affect certain features and the overall user experience

2.8. The Service Provider implements industry-recognised security measures and practices to help protect the confidentiality and security of the Subscriber’s personal data. While reasonable efforts are made, the Subscriber acknowledges that no system or transmission over the internet can be guaranteed to be completely secure, and the Service Provider cannot be held responsible for unauthorised access beyond its reasonable control.

2.9. Sensitive information transmitted through the Platform, such as login credentials and payment details, may be protected using encryption technologies including using Secure Socket Layer (SSL).

3.1. The Service Provider may collect the Subscriber’s personal data in connection with its services and business operations, including but not limited to when the Subscribe

3.1.1. Subscribes to any of the Service offered by the Service Provider
3.1.2. Registers for specific products or services, or expresses interest in purchasing handsets, devices or related equipment
3.1.3. Signs up to receive alerts, updates, or newsletters;
3.1.4. Contacts the Service Provider for assistance, feedback or enquiries;
3.1.5. Participates in surveys, promotions, competitions or lucky draws organised by the Service Provider
3.1.6 Visits or interacts with the Service Provider’s websites, mobile apps or other digital platforms, including through cookies, advertising identifiers or similar tracking technologies.

4.1. Subject to applicable laws and verification requirements, the Subscriber may request access to their personal data held by the Service Provider, such as account details or services subscribed

4.2. The Subscriber may only request access to their own data and not to personal data relating to other individuals. All requests must comply with applicable data protection laws, and the Service Provider reserves the right to verify the identity of the requestor to protect personal data

4.3. Requests can be submitted to the Service Provider and will be reviewed and processed to the extent permitted or required by law.

4.4. The Subscriber has the right to request correction or updating of inaccurate or incomplete personal data.

4.5. The Subscriber may request deletion of their personal data or exercise the right to be forgotten, subject to legal requirements or legitimate business needs (e.g., retention for billing, legal or compliance purposes).

4.6. Where processing is based on consent, the Subscriber may withdraw consent at any time. Withdrawal does not affect the lawfulness of processing conducted prior to withdrawal.

4.7. The Subscriber may object to certain processing activities, including use of their personal data for direct marketing.

4.8. The Subscriber may opt out of marketing communications at any time by following the unsubscribe instructions provided or by contacting DST Care and Services at 151.

5.1. The Service Provider manages personal data in accordance with applicable personal data protection laws and regulations in Brunei Darussalam

6.1. The Service Provider may amend, update or modify these Privacy Policy Specific Terms at its discretion.

6.2. Continued use of the Services after any amendment constitutes acceptance of the revised terms.

7.1. For questions, concerns, or to exercise data protection rights, the Subscriber may contact the Service Provider using the contact details provided on the Platform.