Personal Business Community

1. Definition and Interpretation

1.1. In this General Terms and Conditions of Service or any of the Specific Terms, the following words and expressions shall have the following meanings:

“Account“ means a Subscriber’s account created with the Service Provider for provision of any Service;
“Add-Ons” means any additional product or service purchased by the Subscriber to supplement their Plan;
“Activation/Activated” means the point in time when the said Service is Activated by the Service Provider.
“AITI“ means the Authority for Info-communications Technology Industry of Brunei Darussalam;
“Authorised Centre” means any commercial establishment, place or branch of the the Service Provider as listed on https://dst.com.bn/branches/where its Services are made available;
”Approved Authority” means any Local Government, quasi-government authorities, departments, statutory bodies, state corporations or other bodies (including but not limited to any corporations or private agencies licensed with authority) under any written law in Brunei Darussalam to exercise its rights or jurisdiction in connection with or affecting the enforcement of the Terms and/or any matter arising out of the Terms;
”Bill” means any bill, invoice or statement issued or rendered by the the Service Provider of any charge, fee or other sum stated therein as due and/or payable to the Service Provider and/or of the sum or sums or balance due and/ or payable to the Service Provider in respect of any Service or on any Account and shall include an eBill;
“Brunei Dollar” means the lawful currency of Brunei Darussalam;
“Bundle” means any additional products, services including but not limited to devices, data, minutes that is packaged or also known as Contract Plans;
“Business Day” means a day (other than a Saturday or a public holiday in Brunei Darussalam) on which banks are generally open in Brunei and “Business Days” shall be construed accordingly’;
“Business Hours” means from 8:00 a.m. to 5:00 p.m. from Monday to Thursday, Friday from 8:00 a.m to 12:00 p.m and 2.30pm to 5:00 p.m (excluding public holidays);
“Contract Plan” means any postpaid mobile (MOBI) plan, mobile wireless (FREEDOM) or fixed broadband plan (INFINTIY) or any other contract provided by the the Service Provider in a Bundle that includes a leased device that is subject to a minimum mandatory term;
“Credit Balance” means the amount of credit available on any Prepaid mobile Plan;
“MyDST Account” means the Service Provider account registered under the Subscriber’s name on the website or platform which may be used on other Platforms including the mobile application
“eBill” means the electronic Bill received by the Subscriber from the Service Provider via email, Platform or any other electronic medium introduced by Service Provider from time to time;
“Equipment” means any electronic devices, equipment or things owned, provided, operated, installed and/or hired out by Datastream Digital Sdn Bhd in relation to the Service, and does not include the handset devices leased as part of any Contract Plan;
“Fair Use Policy” means the fair use policy issued and published on https://www.dst.com.bn/ of which may be updated by the Service Provider from time to time;
“Fees and Charges“ means the fees and charges in connection with the provision of any Service including for the upgrade or downgrade of plans and/or Equipment;
“General Terms“ means this General Terms which stipulates the primary terms and conditions prescribed or imposed by the Service Provider which includes any schedules, annexures and/or appendices referred herein;
“Guarantee” means a bank guarantee required by the Service Provider for the Activation of a Contract Plan of any Subscriber of foreign nationality, as determined and stipulated within these Terms;
“Law” means any and all applicable legislation, laws, regulations, codes, rules or rulings, or any form of decisions issued by or requirements of governmental, statutory, regulatory or any court with competent jurisdiction, whether in Brunei or elsewhere, as amended or modified from time to time, and to which a person or Subscriber is subject to. This includes but is not limited to the relevant Telecommunications Order of Brunei Darussalam;
“Loyalty Programs” means the rewards program offered by Service Provider such as for Subscribers on Postpaid Contract Plans;
“MyDST Account” means the DST account registered under the Subscriber’s name on the website or platform which may be used on other Platforms including the mobile application
“Non-Contract Plan” means any postpaid mobile plan, fixed broadband or any other contract provided by the Service Provider without, additional obligations and/or minimum mandatory term;
“Platform” means any electronic medium in which the Service Provider makes available its services, including but not limited to its website, portal or applications;
“Plan” means any Plan whether prepaid mobile (EASI), postpaid mobile (MOBI), mobile wireless broadband (FREEDOM), or fixed broadband (INFINITY) collectively or either of them as the context may require;
“Pre-Paid Fees“ means monies paid into an Account and credited to a Subscriber, from which Fees and Charges are deducted at the time of accrual without the issue of any Bill relating to those Fees and Charges;
“Prescribed Rate“ means an interest rate of two (2) percent per month;
“Recharge Card” means the coupon, voucher, card, soft pin or any other receipt which functions as a valid means to replenish the Credit Balance of any prepaid mobile Plan;
“Registration Forms” means the relevant application forms and/or documentations available for the Subscriber to submit and/or fill in, whether in hard copies or online via the respective Platform along with any supplementary information requested to process the Service requested;
“Regulator” means the relevant authority of the Service Provider including the Authority for Info-communications Technology Industry of Brunei Darussalam or such other regulatory authority of the Service Provider as the case may be;
“Service” means any service (e.g. telecommunications, broadcasting or other service, supply, rental or installation of any equipment and any service comprised in a Subscriber Request) offered or provided by the Service Provider from time to time;
“Service Agreement” means an agreement between the Service Provider and the Subscriber relating to any Service or Equipment that such Subscriber subscribed for, which includes these General Terms, the applicable Specific Terms (if any) and any other terms which we may agree with you from time to time;
“Service Number“ means any number or alphanumeric symbols or characters assigned by the Service Provider or selected by the Subscriber for the purpose of:

a) the provision to or utilisation by the Subscriber of any Service and/or Equipment; and/or
b) identifying the Subscriber (whether to any telecommunications system or facility operated by Service
Provider to any other system or facility operated by any other person) for the purpose of or in relation to any Service,

including telephone number, mailbox number, e-mail or address, network user identity, password and circuit reference number;
“Service Provider“ means Datastream Digital Sdn Bhd and/or its group of companies, including its successors in title and assigns, which contracts or agrees with the Subscriber to provide or make available that Service;
“Specific Terms“ means any additional terms and conditions prescribed or imposed by the Service Provider stipulated under any subscription or application form or document of which the Subscriber is required to execute and/or accept whether electronically or in hard copies, with respect to the provision of the particular Service;
“Submitted Material“ means any content or material disclosed or provided by the Subscriber to the Service Provider through the Platform or by other official means as deemed appropriate by the Service Provider;
“Subscriber” means a person who subscribes to the Service under the Subscriber Agreement;
“Subscriber Agreement“ means any agreement containing Specific Terms or otherwise, entered between the Service Provider and the Subscriber relating to any specific Service or Equipment which primary terms and condition are always made pursuant to or in adherence with the General Terms;
“Subscriber Request“ means any request, order or instruction of the Subscriber to the Service Provider (whether with respect to any Service or otherwise);
“Taxes“ means all taxes, duties, levies, and other similar charges (and any related interest and penalties) however designated, imposed under any laws of Brunei Darussalam or the laws of any jurisdiction outside Brunei Darussalam with respect to the provision of any Services or on any Fees and Charges or payment due or payable to the Service Provider from the Subscriber;
“Terms“ means the General Terms and Specific Terms collectively; and

1.2. The headings or titles to the clauses in the General Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of the General Terms.

1.3. Words denoting the masculine gender include where the context so admits the feminine and neuter genders and vice versa.

1.4. Words denoting natural persons include where the context so admits corporations and firms and vice versa.

1.5. Unless the context otherwise requires, references to Clauses stipulated herein are to be construed as references to the Clauses of the General Terms.

1.6. References to a statute or statutory provision includes a reference to that statute or statutory provision and all statutory instruments or orders made pursuant to it, as from time to time amended, extended, re-enacted or consolidated.

1.7. Any reference to “law” shall be construed so as to include, without limitation, any Act, ordinance, statutory or municipal, rule, regulation, ruling, decree or order enacted, issued or decreed by the Legislative Council of Brunei, the Government of Brunei or any bureau, minister, agency, court, regulatory body, authority, legislative body or department thereof.

1.8. Where the context so requires, the words “hereof”, “herein”, “hereto”, “hereunder” wherever used shall refer to the Terms as a whole and not to any particular provisions only.

1.9. The expression “month” shall be calculated to be a period from a specific day to and including the day immediately preceding the day corresponding to the specific day in the subsequent month or if there be no such day in such subsequent month, the last day of that month.

1.10. If the Platform or any Clauses under the General Terms does not provide for when a particular payment is due by the Subscriber, that payment will be due within seven (7) days of demand by the Service Provider.

2. Application of Terms

2.1. These are the Service Provider’s General Terms that apply to all agreements with our Subscribers.

2.1. Upon Activation and use of any Service, the Subscriber is deemed to have read and understood the applicable Terms, having accepted and agree to be bound by the Terms stipulated herein, and such other applicable Terms and conditions which the Service Provider may introduce from time to time.

2.2. These General Terms should be read in conjunction with, including but not limited to the following Specific Terms. The Specific Terms will apply based on the products and services the Subscriber subscribes to or purchases from time to time, except to the extent expressly excluded by the Specific Terms:

2.3.1. MOBI Specific Terms and Conditions of Service

2.3.2. EASI Specific Terms and Conditions of Services

2.3.3. Specific Terms and Conditions for Broadband Services

2.3.4. Merchant Partner Terms and Conditions

2.3.5. Fair Use Specific Terms

2.3.6. Platform Specific Terms

2.3.7. Privacy Policy Specific Terms

(collectively, “DST Terms”). These DST Terms, together with any other terms which we may agree with you from time to time, shall form our service agreement with you. To better understand your Services, rights and obligations, it is important that you read all the DST Terms applicable to you.

2.4 Subject to applicable Law, if there is any conflict or inconsistency between any provision of the Specific Terms and the General Terms, such conflict or inconsistency shall, in the absence of any express agreement to the contrary, be resolved in the following order of precedence:

2.4.1. any other terms and conditions otherwise agreed between us in writing;

2.4.2. the applicable Specific Terms; and

2.4.3. 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 favourable to the Service Provider, to the fullest extent permissible under the applicable law;

2.5 If there is any inconsistency between the different versions of the General terms, the most recent version on our website or Platform will prevail.

2.6 All rights conferred on the Service Provider under the General Terms with respect to any matter or event shall be additional to said rights conferred under the Specific Terms or any other agreement with the Subscriber with respect to that matter or event.

3. Fees and Charges, Deposit, Interest and Taxes

3.1. The Service Provider may impose Fees and Charges and the Prescribed Rate and may subject to the approval of the Regulator vary or revise any or all of them having always that such variation or revision shall take effect from the date of such notice or a date determined by the Service Provider.

3.2. The Subscriber shall only be charged Fees and Charges in respect of the Services that it has applied, subscribed for and/or has utilised. The Fees and Charges in respect of the Services shall be at the amount, rates and tariffs prescribed by the Service Provider provided always that where approval is required, such amount, rates and/or tariffs shall subject to the approval of the Regulator. All rates and tariffs, which includes any relevant charges, are made available on the Service Provider’s website (https://www.dst.com.bn/).

3.3. The Subscriber shall promptly pay all Fees and Charges and any other sums which may be due or payable to the Service Provider pursuant to the subscribed Services. All sums payable shall be in accordance to the total amount stated in each Bill/eBill, as the case may be, which the Service Provider will make available to the Subscriber on a monthly basis and where Services are on a pre-paid basis, such Fees and Charges shall be made available and paid prior to the utilisation of the particular Service.

3.4. Notwithstanding any provisions stipulated under this General Term, Specific Terms, Fair Use Policy or the Bill/eBill, the Service Provider may, at its discretion, make demands on Fees and Charges at any time, for any reason and in any circumstances, which includes, but not limited to, the following:

3.4.1. where the Service is terminated either by the Service Provider or the Subscriber pursuant to the provisions under this General Term or the specific terms and conditions;

3.4.2. where, in the sole opinion of the Service Provider, the Service provided has been abandoned by the Subscriber; or

3.4.3. where the usage of the Service by the Subscriber, indicated by the charges incurred, is significantly greater than the Subscriber’s average use or exceeds its credit limit.

3.5. Subject to Clause 10.1 and without prejudice to Clause 5, the Service Provider may, without liability, suspend, restrict, disconnect or terminate the Service if any Fees and Charges or part thereof remains unpaid for more than thirty (30) days. Any reconnection fee or other charges may be imposed by the Service Provider for the reconnection of the Service shall be paid by the Subscriber.

3.6. Unless otherwise exempted by the Service Provider, the Subscriber shall always deposit with the Service Provider the amount as prescribed under the Specific Terms and/or any additional sums as may be requested by the Service Provider from time to time should the Service Provider deem such sum prescribed is insufficient. The Subscriber shall not be at liberty to require the Service Provider to utilise any sum deposited with the Service Provider as payment of any Fees or Charges due and payable. The Service Provider:

3.6.1. shall be entitled to retain all sums deposited by the Subscriber with the Service Provider for so long as any Service (notwithstanding that it has been suspended) or continues to be provided or made available to the Subscriber; and

3.6.2. may, at any time, utilise any or all the sums deposited with the Service Provider to settle any amount due, payable or owed to the Service Provider by the Subscriber provided always that a deposit does not relieve the Subscriber from his obligations to pay nor does it constitute a waiver of the Service Provider’s right to suspend, disconnect, or terminate the Service due to any non-payment of the Subscriber.

3.7. The Service Provider shall be entitled to charge the Subscriber interest on any amount due or payable and remain unpaid after the stipulated time frame provided in the Bill/eBill at the Prescribed Rate calculated and compounded in the manner determined by the Service Provider from time to time provided always that the Service Provider shall be at liberty to debit any Account with respect to such interest.

3.8. The Subscriber shall bear and pay all required and relevant Taxes. If the Subscriber is required under the laws of Brunei Darussalam or the laws of any jurisdiction outside Brunei Darussalam to deduct or withhold any sum as Taxes imposed on or in respect of any amount due or payable to the Service Provider, the Subscriber shall make such deduction or withholding as required and the amount payable to the Service Provider shall be increased by any such amount necessary to ensure that the Service Provider receives a net amount equal to the amount which the Service Provider would have received in the absence of any such deduction or withholding.

4. Bills/Pre-Paid Fees and Charges

4.1. The Bill shall be made available to the Subscriber via eBill, the Service Provider’s Platform or email, whichever applicable.

Notwithstanding Clause 4.1, the Subscriber shall be entitled to the hardcopy of the Bill upon request over the counter at any Authorised Centres of the Service Provider charged at a fee.

4.2. The Bill shall be deemed received by the Subscriber once the Bill is generated and made available through eBill. The Service Provider shall not be required to notify the Subscriber on the availability of such eBill. It shall be the sole responsibility of the Subscriber to check on the availability of such eBill from time to time.

4.3. The Subscriber agrees that:

4.3.1 He shall be responsible to promptly check and verify the accuracy of each Bill issued and at no later than fourteen (14) days after the service of the Bill (“Issue Date”), pursuant to Clause 4.2 raise and inaccuracy or discrepancy with respect to any amount detail stated therein.

4.3.2. He shall provide the Service Provider with any and all information, documentation and assistance requested by the Service Provider to investigate and authenticate any claim, allegation or issue raised by the Subscriber.
He agrees that each Bill unless disputed per Clause 4.3.1, shall be interpreted by the Service Provider as accurate information on the items, entries, matters and sum due stated therein.

4.4 The Subscriber shall pay the Service Provider the total amount shown or stated as due or payable to the Service Provider on that Bill within the period prescribed therein or, in the absence of any such period being prescribed, within twenty-five (25) days after the date that such Bill is deemed to have been received pursuant to Clause 4.3 (“Issue Date”).

4.4.1. In the event that the Subscriber disputes any amount stated in any Bill and intends to withhold payment of the amount, the Subscriber must give the Service Provider a written notice before the Due Date of the Bill and must state in such notice the grounds and reasons for such dispute. The Service Provider shall conduct a complete and objective review of such dispute and shall provide a written response to the Subscriber within thirty (30) days of its receipt of such written notice; Provided always that such investigation shall not relief the Subscriber of any payment obligations which includes and but not limited to the disputed Bill.

4.4.2. Where interest is relevant, the Subscriber shall pay the interest at the Prescribed Rate on the amount determined (either by agreement between the Subscriber and the Service Provider or by any court of competent jurisdiction) to be due or payable to the Service Provider which the Subscriber has withheld payment of due to the dispute and pending the outcome of the investigation. Should the outcome of the investigation render the amount disputed due and payable by the Subscriber, the interest at the Prescribed Rate shall be calculated and compounded in such manner determined by the Service Provider as from the date when the amount should have become payable but for such dispute to the date of payment thereof.

4.5. A Subscriber who:

4.5.1 pays a Bill, and subsequently chooses to dispute any amount, item, entry or matter (excluding any amount, item, entry or matter relating to any amount debited to the Subscriber’s Account in accordance with Clause) stated therein; or

4.5.2 has an amount (excluding any amount debited to the Subscriber’s Account in accordance with Clause) deducted from Pre-Paid Fees, and subsequently chooses to dispute such deduction,

must give the Service Provider a written notice of such dispute not later than six (6) months from the date of such Bill, or deduction of Pre-Paid Fees, as applicable, providing all necessary details of and reasons for the dispute and supported by documentary evidence. If the Subscriber serves any such written notice on the Service Provider within the six (6) months period, then the Service Provider will conduct a complete and objective review of such disputed amount, item, entry, matter or deduction and will provide a written response to the Subscriber within sixty (60) days of its receipt of such written notice. Notwithstanding any provision in these General Terms to the contrary, the Service Provider’s liability to the Subscriber in respect of a disputed deduction from Pre-Paid Fees shall not in aggregate exceed the amount of the Pre-Paid Fees.

4.6. Any overpayment by the Subscriber with respect to any amount, item, entry or matter stated in the Bill shall be credited by the Service Provider (without interest) to the relevant Account after the Service Provider has completed its investigations and is satisfied as to the error or inaccuracy of that amount, item, entry or matter.

4.7. The Service Provider may render a Bill in respect of Services monthly or at such other intervals or time after the Services have been rendered as the Service Provider may consider to be appropriate or convenient.

5. Credit Limit

5.1. The Service is subject to credit limits which shall be allocated to the Subscriber pursuant to the Service. The Subscriber shall be responsible to ensure the use of the Service does not exceed the allocated credit limit and may request for a reduction or increase of the allocate credit limit from the Service Provider provided that such request for reduction or increase is deem appropriate by the Service Provider.

5.2. In the event the Subscriber exceeds the credit limit, the Subscriber agrees that Service Provider shall have the option to bar or suspend the Service Subscriber. Service Provider shall not be liable for any loss or damages that the Subscriber may suffer due to any suspension or barring of Service should the Fees and Charges incurred by the Subscriber’s usage exceeds the credit limit. Any failure by Service Provider to suspend or bar the Service shall not operate as waiver of rights.

6. Know Your Customer (“KYC”) or electronic Know Your Customer (“eKYC”) and Due Diligence

6.1. By using our Services, the Service Provider may require you to undergo the KYC, eKYC or due diligence process. You agree to undergo the respective KYC or eKYC and due diligence verification and further acknowledges and consents to the collection, processing, and verification of personal information and identity documents whether electronically or not, for the purpose of establishing and maintaining your MyDST Account.

6.2. You understand that the information you have provided to Service Provider including but not limited to Face Identification or any Face Recognition Feature will be used solely for identity verification and compliance purposes.

6.3. You also acknowledge that providing false information may result in the suspension and/or termination of your mobile number and/or Services and may also lead to legal consequences.

6.4. You agree to cooperate with any additional verification procedures that may be required to complete the KYC, eKYC and/or due diligence process, and to promptly update your information with the Service Provider, if there are any changes or inaccuracies in the information you have provided.

6.5. The Service Provider may conduct KYC or e-KYC and due diligence in accordance with any applicable regulatory requirements, internal risk assessment and any other requirements deemed necessary.

6.6. Login credentials may be required for you to use your MyDST to view your account details and the Service Provider is not required and are unable to verify or investigate:

6.1.1. the authenticity of any transaction or activity conducted through your MyDST or referrable to your login credentials; and

6.1.2. any transaction or activity conducted under any of the Services

You agree and acknowledge that you are solely responsible for maintaining the security and confidentiality of your MyDST Account credentials. Consequently, the Service Provider is not responsible or liable for any losses, costs, expenses, or damages suffered or incurred by you or any third party arising from unauthorised use, access, or any other misuse of your MyDST Account. This includes, but is not limited to, any financial loss, unauthorised transactions, or any other related harm, whether or not you have complied with our security guidelines.

We disclaim all liability for any unauthorised access or misuse of your account resulting from your failure to secure your account information, including but not limited to, passwords, personal identification numbers (PINs), and other login credentials. It is your responsibility to immediately notify us of any suspected unauthorised use or security breach to mitigate potential damages.

6.7. You agree that without limiting Clause 6.6 we may, at our discretion, and without stating any reasons whatsoever, take such verification measures which may include:

6.7.1. measures that require you to prove your identity or confirm or validate the actions conducted on your account by alternative means; and

6.7.2. measures declining or delaying to act on actions conducted on your MyDST account until your identity has been verified or such actions have been validated or confirmed in accordance with Clause 6.7.1 above.

7. Subscriber’s Obligations

7.1. The Subscriber shall:

7.1.1. be responsible for the use of the Equipment, Service and/or the content disseminated via the Service;

7.1.2. ensure at all times that all electronic devices and equipment used in relation to the Service are lawfully owned/used/possessed in compliance with the laws of Brunei Darussalam;

7.1.3. provide Service Provider with accurate and complete information and to inform Service Provider immediately of any changes to such information, including any changes of the Subscriber’s address and/or contact particulars;

7.1.4. take all reasonable steps to prevent spamming, fraudulent, defamatory, offensive, improper, immoral and indecent actions or illegal use of the Service;

7.1.5. use all precautions to prevent loss, theft, cloning and/or unauthorised use of the SIM card and to immediately notify Service Provider upon happening of the same;

7.1.6. not to use or allow any part of the Service to be used;

(i) to advertise, transmit, store, post, display, or otherwise make available pornographic materials and/or any form of child sexual abuse material;
(ii) for any illegal or improper purposes;
(iii) to advertise, transmit, post, facilitate or solicit any content, product or service that contains malware or any other harmful, damaging or destructive programmes or software or make them available;
(iv) to make or attempt any illegal or unauthorised access to any part or component of the Service or to carry out or attempt any activity (including preparatory work) involving system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on Service Provider’s servers or network;
(v) to disrupt or undermine the security of the various networks and systems that are connected to the Service or violate the regulations, policies or procedures of such networks;
(vi) to violate any party’s rights or affect other Subscribers’ enjoyment of or access to any Service or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone, e.g. denial of service attacks, pinging and mailbombing, fraud or pirating software; or
(vii) to engage in any activity that it is in the opinion of Service Provider to be harmful to the Subscribers, operations, reputation or goodwill of Service Provider.

7.1.7. not transfer the Service Number and/or SIM card used in relation to the Service to any other person without prior written approval of Service Provider. Provided always that all outstanding Bills are fully settled and where accounts are transferred prior to full settlement of the relevant Bill, Service Provider shall be at liberty to forfeit the deposit and loyalty points if not redeemed prior to transfer (if any) and further require new deposits to be provided by the Subscriber for the new account.

7.1.8. be responsible to examine any device received to ensure it has not been modified, altered or tampered with, ensuring its functionality and compatibility is to their satisfaction and subsequently returning any devices (where applicable) in the same condition thereby received under consideration of reasonable ‘wear & tear’

7.1.9. only apply and engage the Services if they are of eighteen (18) years of age or older.

8. Subscriber Request

8.1. The Service Provider shall not be obliged to provide, carry out or implement any Subscriber Request in the absence of any express agreement or confirmation by Service Provider to do so and Service Provider’s acknowledgement of Service Provider’s receipt of any Subscriber Request shall not constitute an agreement or confirmation by Service Provider to provide, carry out or implement the same.

8.2. Any Subscriber Request which the Service Provider has agreed or confirmed it would provide, carry out or implement shall be provided, carried out and implemented by Service Provider subject to this General Terms and Specific Terms (if any) relating thereto and such other terms as Service Provider may stipulate and within such time or period as Service Provider may determine having regard to the circumstances and the resources available, notwithstanding any time or period that may have been stipulated by the Subscriber.

8.3. The Service Provider may, at its discretion, impose and charge fees and charges at such rate or in such amount and calculated in such manner as Service Provider may determine in respect of any implementation, cancellation or revocation of any Subscriber Request and any Subscriber Request which is expressed or intended to supersede any earlier Subscriber Request shall constitute a cancellation of the earlier Subscriber Request.

8.4. If the Subscriber requests any deferment of the implementation of any Subscriber Request which the Service Provider had agreed or confirmed that it would provide, carry out or implement, the Service Provider may, at its discretion, impose a charge for such deferment at such rate or in such amount and calculated in such manner as Service Provider may determine at that time.

9. Access to Premises and Charges for Attendance and Inspection

9.1. The Subscriber shall, whenever required by Service Provider ensure that Service Provider’s authorised personnel be permitted to enter any premises occupied or controlled by the Subscriber at such time as may be specified by Service Provider and to remain on such premises for such period as may be required:

9.1.1. to carry out any inspection, repair or testing of any Equipment;

9.1.2. to check and verify the manner in which any Service is being utilised by the Subscriber and the compliance by the Subscriber with the General Terms and Specific Terms in the use of any Service or any Equipment;

9.1.3. to install, collect, remove, maintain or replace any Equipment; and/or

9.1.4. for any other purpose whatsoever.

9.2. If any authorised personnel or contractor of Service Provider is required to visit any premises (other than the premises occupied by the Subscriber) to inspect, test, repair, install, remove or replace any Equipment and/or software used by the Subscriber in connection with any Service, Service Provider shall be entitled to charge the Subscriber for each visit and/or for the work carried out by its personnel or contractor at any such premises for the purpose at such rate or in such amount and calculated in such manner as Service Provider may determine at the time unless such visit is made to repair or replace any Equipment in discharge of any obligation by Service Provider under any warranty given by Service Provider to Subscriber with respect to that Equipment.

9.3. In the event that:

the Subscriber cancels any appointment made with Service Provider’s personnel or contractor to visit any premises to install, inspect, maintain or repair any Equipment; or Service Provider’s personnel or contractor is unable at the date and time specified in any such appointment to gain access to the premises or to carry out such installation, inspection, maintenance or repair for any reason not attributable to Service Provider or its personnel or contractor,

9.3.1. Service Provider may, at its discretion, charge the Subscriber such fee for the cancellation or the visit of Service Provider’s personnel or contractor to the premises on that date at such rate as may be determined by Service Provider.

10. Service, Equipment and Software

10.1. The Subscriber shall be responsible and liable for obtaining and maintaining in the Subscriber’s name and at the Subscriber’s expense all licences, permits, consents, waivers, authorisations and intellectual property or other rights required for the provision of any Service or the installation or the use of any Equipment in conjunction therewith for the entire duration during which the Service is provided or made available to the Subscriber.

10.2. The Subscriber shall:

10.2.1. ensure that any and all electronic devices and equipment connected to or used in conjunction with any Service is accordance with the Law and/or compatible with Service Provider’s Services and shall obtain the prior written approval of Service Provider before any electronic devices and equipment is connected to any telecommunications system operated by Service Provider, or any Equipment, except where Service Provider has dispensed with the requirement for such approval;

10.2.2. promptly comply with all notices, instructions or directions given by Service Provider in respect of the installation, use or operation of the Service and all relevant Equipment;

10.2.3. where required by Service Provider, at his own expense, carry out such additions, improvements, adjustments, modifications, alterations or replacements to any electronic devices, equipment (other than Equipment) and software which is connected to any telecommunications system operated by Service Provider or, to any Equipment, as and when required by Service Provider for the purpose of maintaining quality or increasing efficiency of any Service or efficiently handling the volume or increased volume of telecommunications traffic or for any other purpose whatsoever;

10.2.4. install, use and keep all Equipment in good working condition (fair wear and tear excepted) in accordance with the specifications, guidelines and recommendations of the manufacturer or distributor thereof and Service Provider, and shall disconnect or cease to use any such Equipment at the request of Service Provider;

10.2.5. retain all Equipment at all times in the custody and control of the Subscriber at the premise(s) occupied by the Subscriber or at such other premise(s) as Service Provider may have approved in writing;

10.2.6. provide at his own expense, when required by Service Provider, all facilities and resources whatsoever necessary for the proper installation, operation and maintenance of the Service and all Equipment, including but not limited to, power sockets, electricity, conduits, pipes and appropriate access, licence, way-leave, or easement rights; and

10.2.7. ensure that all electronic devices and equipment (other than Equipment) used or installed by or for the Subscriber in conjunction with any Service is compatible and may properly function and operate with all other electronic devices and equipment used or installed for the purpose.

10.3. The Subscriber shall not:

10.3.1. use or permit the use of any Service or install, connect, link or use (or permit the installation, connection, linking or use) of any telecommunications or broadcasting equipment in contravention of any Law or any Subscriber Agreement or in any manner in connection with or for the purposes of any activities which would or may cause any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of any person or which would disrupt the provision or operation of any telecommunications service or broadcasting service by Service Provider;

10.3.2. carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to any Equipment without the prior written consent of Service Provider;

10.3.3. without the prior written consent of Service Provider, use, or permit any Service to be used, in any way directly or indirectly carry or transmit (or facilitate the carriage or transmission) of any message, data or information which does not belong to or originate from the Subscriber, for the purpose of (or in conjunction with) marketing, sale or provision of any telecommunications service or facility to any person or re-selling any Service;

10.3.4. allow or permit any person to utilise the Service or any Equipment or retain possession of any Equipment without the prior written approval of Service Provider; or

10.3.5. use or permit any Service or any telecommunications equipment or broadcasting equipment to be used in any manner or for any activity whatsoever which generates or is likely to generate telecommunications traffic or usage which causes or is likely to cause congestion in or disruption to the provision or operation of any telecommunications service by Service Provider.

10.4. Where the Fees and Charges imposed by Service Provider on the Subscriber for the Service are based on any particular use (or use for any particular purpose), the Subscriber shall not utilise or permit the Service to be utilised for any other use or purpose without first notifying and obtaining the consent of Service Provider thereto and Service Provider may impose different Fees and Charges for such other use or purpose. In the event that the Subscriber fails to notify and obtain Service Provider’s consent to any change in the purpose for which the Service is used, Service Provider shall be entitled to retroactively impose the appropriate Fees and Charges for such use after discovering the change and/or terminate the Service.

10.5. Service Provider may at any time change or upgrade any telecommunications equipment or broadcasting equipment, system or network maintained or operated by Service Provider or any Equipment and in such event, the Subscriber shall change, upgrade, acquire and/or install all such electronic devices, equipment and/or software that may be necessary, at his expense, in order to continue to enjoy or utilise any Service.

10.6. The Subscriber shall permit Service Provider to upgrade or replace any Equipment at any time and shall, at the request of Service Provider, promptly return any Equipment in exchange for any replacement or upgrade.

10.7. Notwithstanding any provision in these General Terms to the contrary, Service Provider assumes no responsibility or obligation to upgrade or replace any Equipment (whether or not consequent to any change or upgrade of any system or network maintained or operated by Service Provider) to ensure the continuity of any Service.

10.8. The Subscriber shall conduct his own investigations and enquiries to verify the accuracy of any information (including any number) provided by Service Provider (whether or not as part of any call tracing service) relating to the source from which any call, signal or transmission (whether to any electronic devices and/or equipment of the Subscriber or any person) originates and shall not rely solely on such information to lodge any complaint or take any action against any person.

10.9. Service Provider does not represent, warrant, guarantee or assume any responsibility for the quality of any Service or signals or data transmitted as part of any Service (including but not limited to telephone, facsimile, broadband and television transmissions) and shall not be liable for any loss or damage which may be caused by the loss or mutilation of any signals or data at any stage of the transmission, whether in progress or completed.

10.10. Where the Subscriber purchases any electronic devices and/or equipment from Service Provider, Service Provider shall transfer to the Subscriber such manufacturer’s warranties as may be capable of transfer to the Subscriber. The Subscriber acknowledges and agrees that this Clause constitutes the Subscriber’s sole and exclusive remedy and Service Provider’s sole and exclusive liability in respect of any defects, faults or failure in or of such electronic devices and/or equipment. All implied or statutory warranties and all other warranties implied by law as to merchantability, quality or fitness for a particular purpose, or otherwise arising from course of dealing or usage of trade or any other express or implied warranties or representations are excluded. In particular, Service Provider does not warrant that any such equipment is fault-tolerant or is designed, manufactured or intended for use for medical or any other purposes for which the failure of the electronic devices and/or equipment purchased could lead to death or personal injury

11. Suspension and Termination

11.1. The Service Provider may suspend (indefinitely or for such period as Service Provider may consider appropriate) or terminate (including terminate after suspension) any of your Services at any time by giving not less than three (3) days’ written notice thereof to the Subscriber and stating its reason(s) for the suspension or termination of the Services. Where appropriate, such notice may also contain details on how you may remedy the situation to resume your Services.

11.2. The Service Provider may suspend (indefinitely or for such period as Service Provider may consider appropriate) or terminate (including terminate after suspending) any or all Services at any time after the occurrence of any of the following events, without giving any prior written notice thereof to the Subscriber:

11.2.1 any failure, interruption, disruption or congestion of or in any telecommunications network, system or services (whether of DST or any other person);

11.2.2. If, in the opinion of the Service Provider:

(i) the Subscriber has used, attempted to use or is likely to use any Service or Equipment subscribed by them in contravention of any law or any Subscriber Agreement or in any manner or in connection with or for the purposes of any activities which would or may cause any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of any person or which would disrupt the provision or operation of any telecommunications service or broadcasting service by the Service Provider; or

(ii) the Subscriber has breached any material obligation in any agreement with the Service Provider;

11.2.3. any gift or consideration of any kind was offered or given to any officer, employee, agent or contractor of Service Provider as an inducement or reward in connection with the provision of any Service or Equipment;

11.2.4. any action is taken by any creditor of the Subscriber to recover, realise or enforce any security over any assets of the Subscriber or to enforce any judgment against the Subscriber;

11.2.5. in the opinion of Service Provider, the Subscriber has perpetrated a fraud on Service Provider or has conducted itself in a manner which may result in perpetrating (or which, in the opinion of Service Provider, constitutes and attempt to perpetrate) a fraud on Service Provider;

11.2.6. the death or mental incapacity of the Subscriber;

11.2.7. if the Service Provider is unable to obtain or maintain any licence, permission or easement necessary for the provision or the maintenance of the Service;

11.2.8. if in the opinion of any relevant regulatory authority or law enforcement body, it is not in the public interest to continue providing Services to the Subscriber for any reason whatsoever.

11.3. The suspension or termination of any Service shall be without prejudice to:

11.3.1. any other right which Service Provider may have whether under this General Terms or otherwise; and

11.3.2. the rights of Service Provider or the obligations of the Subscriber under any Subscriber Agreement or any indemnity given by the Subscriber to Service Provider thereunder.

11.4. Where any Service has been suspended or deactivated (whether or not at the Subscriber’s request), the Subscriber shall continue to pay those Fees and Charges in respect of:

11.4.1. that Service for the period during which the Service has been suspended; and

11.4.2. in the event the Service is reconnected, reinstated or reactivated, in respect of any and all applicable reconnection charges of Service Provider.

11.5. The Subscriber may terminate the Service by giving Service Provider a minimum one (1) month prior written notice provided always that the Service may not be terminated by the Subscriber before the expiry of six (6) months from the date of Activation of the Service.

11.5.1. Clause 11.8 is subject to any overriding clause within the Specific Terms which would prevail, including imposition of any penalties or other conditions. Wherein in such case, any such clause in the Specific Terms would override this Clause in the General Terms.

11.6. In the event that any Service is terminated:

11.6.1. all sums due or accruing due or payable to the Service Provider with respect to that Service and/or the use of any Equipment up to the date of termination and all sums due or payable to the Service Provider on any and all Accounts shall upon termination become immediately due and payable to the Service Provider;

11.6.2. the Subscriber shall immediately return to Service Provider all Equipment used in relation to that Service in good working condition, fair wear and tear only excepted; and/or

11.6.3. Service Provider shall be entitled to charge the Subscriber the cost incurred by Service Provider in repossessing or acquiring a replacement of any Equipment which the Subscriber has failed to return to Service Provider and/or of acquiring a replacement of any Equipment which is returned to Service Provider in a damaged or defective condition.

11.7. Where any Service in respect of which the Subscriber is under an obligation to subscribe or use for any stipulated or minimum period is terminated (whether by Service Provider or the Subscriber) before the expiry of that period, the Subscriber shall:

pay the amount prescribed by DST for termination or cancellation of the Service before the end of that period; and

11.7.1. pay the amount prescribed by the Service Provider for termination or cancellation of the Service before the end of that period;

11.7.2. in the absence of any such amount being prescribed, the Subscriber shall notwithstanding the termination of the Service pay those Fees and Charges in respect of that Service which are calculated or imposed with reference to any time frame or interval for the remainder of that period and the aggregate of all such Fees and Charges shall become immediately due and payable on termination, in the absence of any Specific Terms to the contrary.

11.8. The Service Provider may, at its absolute discretion and subject to any Subscriber Agreement relating thereto and any other terms which the Service Provider may impose, reinstate any Service which has been suspended or terminated subject always to the terms of the Subscriber Agreement thereto.

12. Service Number, Intellectual Property and other Rights

12.1. The Subscriber shall not acquire any right or interest in:

12.1.1 any Service Number notwithstanding the duration for which such Service Number may have been assigned or used by the Subscriber or any payment which may have been made by the Subscriber for it; or

12.1.2 any and all Intellectual Property and all of such property shall remain at all times with the Service Provider or its licensor, as the case may be.

12.2. The Service Provider may at any time terminate the availability of any Service Number or change, re-assign or replace any Service Number without giving any reason therefor and shall not be liable for any loss, damage or inconvenience or otherwise, attributable to the change, reassignment or replacement of the Service Number.

12.3. The Service Provider and/or its affiliates own the Service Provider Intellectual Property. The Subscriber agrees not to use, copy, modify, decompile or reverse engineer, or allow anyone to do the same, in respect of any the Service Provider Intellectual Property, except as allowed by the Service Provider in writing or as may be necessary for your lawful use of the Services.

12.4. The Subscriber shall not use any or permit any person to use any the Intellectual Property of the the Service Provider except in such manner as may be prescribed or permitted in writing by the the Service Provider and subject to such terms and conditions as the Service Provider may impose and in any case only for the purpose of enabling the Subscriber to utilise the Service.

12.5. The Subscriber acknowledges and agrees that the Service Provider does not warrant the nature or content of any materials which the Subscriber may gain access to, obtain or use as a result of or by means of or in the course of utilising any Service. In particular, the Service Provider does not warrant that such materials will not infringe any person’s rights (including intellectual property rights) or contain any viruses, worms, Trojan horses or other malicious code.

13. Customer's Indemnity and Liability

13.1. The Subscriber shall fully indemnify and hold harmless the Service Provider at all times against all actions, claims, proceedings, costs (including legal costs incurred by the Service Provider in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against the Service Provider by any person and/or which the Service Provider may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of:

13.1.1. the use or operation by the Subscriber or any person in any way (whether with or without the authorisation and/or permission of the Subscriber) of any Service subscribed by or provided to the Subscriber;

13.1.2. any picture, material or statements howsoever published or circulated by the Subscriber or any person in the course of the use of any Service subscribed by or provided to the Subscriber;

13.1.3. any damage to any electronic devices, equipment and/or Equipment operated or used by the Subscriber or any other person (whether with or without the authorisation and/or permission of the Subscriber);

13.1.4. the Subscriber’s negligence, omission, act or breach of any Subscriber Agreement;

13.1.5. any loss of or damage to or any modification or alteration of any Equipment, howsoever caused or occurring at any time after the same shall have been delivered or provided by the Service Provider to the Subscriber or any person designated by the Subscriber and before the same is returned to the Service Provider; and/or

13.1.6. the enforcement by the Service Provider of any rights against the Subscriber under any Subscriber Agreement and/or any proceedings commenced by the Service Provider for such purpose.

13.2. Where any Service subscribed by the Subscriber is used in any way for the purpose of or in conjunction with the marketing, sale or provision of any telecommunications or broadcasting service or facility to any person or for the purpose of re-selling any Service in breach of any of the provisions of any Subscriber Agreement or the law:

13.2.1. the Service Provider shall be deemed to have been deprived of all the business and revenue generated from the sale or provision of any such telecommunications or broadcasting service or facility by or in conjunction with the use of the Service and the re-sale of the Service, if any, by the Subscriber or any such other person as a consequence;

13.2.2. the Service Provider shall in addition to all its other rights and remedies arising therefrom be entitled to recover from the Subscriber an amount representing the total amount of all such business and revenue;

13.2.3. The Subscriber shall at the request of the Service Provider provide the Service Provider with all information and documents relating to all such sales, business and revenue and procure that the Service Provider and the consultants and advisers engaged by the Service Provider be given access to and be allowed to inspect all the books and records of each and all the Subscriber to determine the value or amount of such business and revenue; and

13.2.4. The Service Provider may, if it so decides, elect to apply its rates and charges for the Service or facilities used or sold in contravention of any of the provisions of any Subscriber Agreement in determining the amount recoverable by the Service Provider under this Clause 13.2.

14. Exclusion and Limitation of Liability of DST

14.1. Notwithstanding any provision in any Subscriber Agreement to the contrary and to the fullest extent permissible under the applicable Law:

14.1.1. The Service Provider shall not be liable in any way to the Subscriber whether in contract, indemnity or warranty, tort (including negligence or breach of statutory duty) or otherwise for any direct or indirect loss (including loss of revenue, profits, pure economic or financial loss, any consequential loss, or any loss arising from claims by any third party against you) howsoever caused or arising, including but not limited to any such loss caused or arising from any breach or failure by the Service Provider to perform any of its obligations under any Subscriber Agreement;

14.1.2. The Service Provider shall not be liable in any way to the Subscriber whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss, damage or liability incurred or sustained by the Subscriber caused by or as a result of:

(i) any breach or failure by us to perform any of our obligations under any Subscriber Agreement;

(ii) any third party services provided by any third party service providers

(iii) any failure, delay, interruption to or disruption of any Service (including deterioration in quality or any signal or data transmitted as part of or through any Service), howsoever caused or arising;

(iv) any defect or deficiency in or the breakdown or failure of any Equipment or system (whether or not maintained or operated by Service Provider or any other person) howsoever arising;

(v) any defect, deficiency or deterioration in the quality of any signal or data transmitted as part of any Service;

(vi) any loss, corruption or deletion of any data or information (whether belonging to, provided or stored by the Subscriber or otherwise) transmitted to or stored in any system, equipment or electronic devices (whether or not maintained or operated by the Service Provider, the Subscriber or any other person), howsoever caused or arising;

(vii) any event the occurrence of which the Service Provider is unable to control or avoid by the use of reasonable diligence, including but not limited to the failure, shortage or interruption of electrical power or supply, riots or civil commotion, strikes, lock outs or trade or labour disputes or disturbances, plague, epidemic or quarantine, fire, flood, drought or acts of any government or sovereign, change in any Law, acts of war or terrorism (whether real or perceived), inclement or extreme weather conditions, natural disasters and acts of God or events beyond the control of the Service Provider which continues to persist for a period of three (3) months;

(viii) any Force Majeure event;

(ix) the disclosure and/or publication by the Service Provider of any information or data relating to the Subscriber, any Service Number or any Account, howsoever caused or arising;

(x)the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data relating to the Subscriber or any Account or transmitted through the use of any Service subscribed by or provided to the Subscriber and/or relating to the use of any such Service whether by the Subscriber or any person and/or provided by the Subscriber to the Service Provider; and/or

(xi)any error, omission or inaccuracy in any information provided by the Service Provider whether to the Subscriber or any person and whether in any publication or as part of or in connection with any Service (including any call tracing service) or Equipment or otherwise.

14.2. Notwithstanding any other provision in any Service Agreement, but subject always to the exemptions and exclusions set out in Clause 14.1 above, the Service Provider’s liability to the Subscriber whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from any breach, failure or default of the Service Provider to perform any of its obligations or duties to the Subscriber (whether arising under any Subscriber Agreement or at law) with respect to any Service shall not in aggregate exceed the amount equal to only those Fees and Charges in respect of the Service which are prescribed and imposed with reference to any time frame or interval (but not usage) for the period of three (3) months immediately preceding such breach, failure or default on the part of the Service Provider or, if the amount of those Fees and Charges for such period is zero, the amount equal to the total amount of the Fees and Charges paid by the Subscriber to the Service Provider for the same period.

15. Amendment and Variation

15.1. The Service Provider may amend, vary or supplement any Subscriber Agreement (including the General Terms, Specific Terms, Fair Use Policy, any Fees and Charges, the Prescribed Rate and/or any other terms or conditions relating to any Account or Service) by giving seven (7) days notice thereof to the Subscriber and any such amendment, variation or supplement shall take effect as from the date specified in such notice. Any such notice given by the Service Provider in accordance with Clause 21, whether by publication in any newspaper circulating in Brunei Darussalam, posting on any internet website of Service Provider or by otherwise making public such notice in any other such manner deemed appropriate by the Service Provider, shall constitute good and sufficient notice thereof to the Subscriber by the Service Provider and shall be deemed to have been received by the Subscriber in accordance with Clause 20 or on the date of such publication, posting or the making public of such notice, as may be applicable.

15.2. The Subscriber shall be bound by the amendment, variation or supplement. In any event, if the Subscriber continues to use any Services after such notice, the Subscriber is deemed to have accepted the amendment, variation or supplement which supersedes all previous agreements.

16. Waiver

16.1. No failure to exercise or enforce, and no delay on the part of the Service Provider in exercising or enforcing its rights under any this General Terms, Specific Term, Subscriber Agreement and Fair Use Policy shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the right of the Service Provider at any time thereafter to act strictly in accordance with its rights and powers under such General Terms, Specific Term, Subscriber Agreement and Fair Use Policy.

17. Confidentiality and Non-Disclosure

17.1. You shall not use (other than for the purpose of using the Services) or disclose to any person any information relating to the Service Provider which is acquired from or provided by us or any of our contractors, other than information which is or has become publicly available other than through a breach of any obligation by you.

18. Right to Collect, Use and Disclose data and information of the Subscriber

18.1. The Service Provider, in deciding whether to approve any application of the Service, shall be authorised to conduct inquiry and assessment on the credit information of any proposed Subscriber.

18.2. The Subscriber consents to and authorise us to collect, use and disclose any information of the Subscriber in accordance with the applicable Law in order to provide the Services to you.

18.3. Service Provider shall have the right to disclose any personal and credit information of the Subscriber in the possession of Service Provider to Service Provider’s related corporations, corporate shareholders, third parties and/or relevant authorities for the provision of integrated or related services.

19. Assignment

19.1. The Subscriber shall not assign, transfer or encumber any or all of its rights, interests and obligations under any Subscriber Agreement with respect to any Service and/or Equipment without the prior written consent of the Service Provider.

19.2. The Service Provider may assign and transfer any or all of its rights, interests and obligations under any Subscriber Agreement to any third party. Any such assignment or transfer shall take effect upon service on the Subscriber of a notice thereof. In the event that the Service Provider assigns and transfers all its rights, interest and obligations under any Agreement:

19.2.1 all references to the Service Provider in the General Terms, Specific Terms and Fair Use Policy shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of the Service Provider; and

19.2.2 such assignee and transferee shall be entitled to enforce all rights and perform all obligations of the Service Provider and to be paid all sums due or accruing due from the Subscriber under the Subscriber Agreement as at the date of such assignment and transfer thereafter.

19.3. The Service Provider may novate any or all of its rights, interests and obligations under any Subscriber Agreement to any third party. By subscribing to the Services, the Subscriber consents to the novation. In the event that the Service Provider novates all its rights, interests and obligations under any Agreement:

19.3.1. all references to the Service Provider in the General Terms, Specific Terms and Fair Use Policy shall upon and after any such novation be construed as a reference to the novatee of the Service Provider.

19.3.2. such novatee shall be entitled to enforce all rights and perform all obligations of the Service Provider and to be paid all sums due or accruing due from the Subscriber under the Subscriber Agreement as at the date of such novation.

20. Applicable Laws and Jurisdiction

20.1. The Subscriber Agreement relating to any Service or Equipment shall be subject to and construed in accordance with the laws of Brunei Darussalam.

20.2. The Subscriber hereby agrees that all claims and disputes relating to or arising from the Subscriber Agreement, including any question regarding the existence, validity or termination of the Subscriber Agreement shall be referred to the exclusive jurisdiction of the Courts of Brunei Darussalam.

20.3 We may serve any writ, summons, process or documents on you by leaving it at or posting it to your last known address (whether a post office box or a place of residence, business or otherwise). Regardless, we may also serve such writ, summons, process or documents in any other manner permitted by law. You are taken to have received our writ, summons, process or documents:

20.3.1. If left at your last known address immediately; and

20.3.2. If posted to you last known address, on the second (2nd) day after posted to your postal address within Brunei Darussalam,

And you are taken to have sufficient notice of such writ, summons, process or documents.

21. Notices and Correspondence

21.1. All notices and communications by the Service Provider (excluding Bills in relation to which Clause 4 shall apply) to the Subscriber may be sent to the Subscriber by delivery, post e-mail or any other means deemed appropriate by Service Provider to the address or e-mail of the Subscriber appearing in any record of the Subscriber maintained by Service Provider. Any such notice, demand or communication addressed and so despatched to the Subscriber shall be deemed to have been received by the Subscriber:

in the case of despatch by e-mail or other instantaneous electronic communications, immediately upon transmission by Service Provider;

21.1.1. In the case of despatch by delivery to your address, on the date and time it was delivered or left at that address; and

21.1.2. in the case of by way of post, on the next day after it was posted by the Service Provider

21.2. All notices and requests from the Subscriber to the Service Provider shall be in writing unless the Service Provider specifies to the Subscriber otherwise. The Service Provider shall be entitled to regard as ineffective and invalid any notice or request of the Subscriber the receipt of which by the Service Provider has not been confirmed by the Service Provider to the Subscriber.

21.3. You acknowledge that while email is used as a method of communication between us and you, you will assume the risks inherent in such form of communication including the risk of non-delivery, wrong delivery, disruption in delivery or truncated or illegible delivery. We shall not be liable to you for any Loss arising by reason of use of any of the above methods of communication.

22. Force Majeure

22.1. Without limiting the generality of any provision in these Terms, Service Provider is not be liable for any failure to perform our obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of the Government of Brunei Darussalam, 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 we have no control over or any caused outside our reasonable control and not caused by the negligence of the non-performing party.

22.2. The Services may occasionally be affected by interference caused by events or objects beyond our control such as network failure, buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in the operation system of the Services. In the event of such interference, Service Provider is not responsible for any inability to use or access the Services herein, interruption or disruption of the Services and any of the resulting losses you may incur therefrom.

23. Severability

23.1. Any part of this Agreement that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of the Subscriber Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.

1. Definition and Interpretation

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. Registration Information

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. Mobile Wireless Broadband Plans

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. Fixed Broadband Plans

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. Add-On Bundles

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. Installation of Fixed Broadband Service

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. The 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. Equipment

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 of the Subscriber 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. Specific Obligations

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. Definition and Interpretation

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. Registration

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.

3. MOBI Plans & Contract Plan Bundles

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. Add-On Bundles

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. Additional Rates

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. Specific Obligations

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 to the Subscriber’s bill, purchases made cannot be cancelled and are not refundable. Any of the unused Data Add-Ons will be forfeited upon expiry;
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 the 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;
6.1.16. They shall be subject to the applicable Fees and Charges for any upgrade or downgrade of their monthly subscription plan.

6.1. The Subscriber agrees that:

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 may upgrade, or downgrade their monthly subscription plan either on the Platform or by notifying the Service Provider subject to the applicable Fees and Charges imposed by the Service Provider;
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. Miscellaneous

7.1. The Service Provider shall offer MOBI Bundles as stipulated 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. Definition and Interpretation

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. Registration

2.1. Registration for any EASI plans must be submitted in compliance with all 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. EASI - Rates & Charges

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. Recharge and Prepaid Top-ups

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 that there is sufficient balance to offset any charges or fees in relation to the use of the Service.

5. Add-On Bundles

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

5.2. The available International Add-On Bundles which can be purchased to supplement the EASI Service are as stipulated on the Platform.

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

6. Specific Obligations

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; and
6.1.5. 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. Miscellaneous

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. Introduction

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. Definitions and Interpretation

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. Commencement

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. Merchant’s Obligations, Representation and Warranties

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. Services

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. Fees

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. Marketing

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. Intellectual Property

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. Liability

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. Indemnity

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. Confidentiality

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. Termination

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. Taxes and Duties

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. Gifts

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. Force Majeure

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. Notices

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. Amendment and Variations

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. Right of Disclosure

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. Independence

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. Assignment and Subcontract

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. Governing Law and Jurisdiction

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. Definition and Interpretation

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. Fair Usage

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. Security

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

3.2. The Subscriber must take all reasonable steps to ensure that other persons or parties do not gain unauthorised access to his or her account to prevent such third party(ies) from obtaining access to the network. In this regard, each Subscriber is responsible for:

3.2.1. for the set-up and security of their devices and any servers they may run on their devices;
3.2.2. ensuring that their User ID and/or password remain confidential at all times.

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

3.4. The Service Provider strongly recommends that the Subscribers protect their computers or mobile phone devices 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 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) from time to time.

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. General Use of Service

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.

4.4. Subscribers use of Services’ unlimited SMS plans may only be used for private, non commercial use and not for messages sent by automated means or from any device other than the Subscriber’s mobile. All other SMS will be charged at the prevailing rates.

4.5. SMS may not be used to transit or facilitate any unsolicited or unauthorised advertising, telemarking, promotional materials, junk mail, unsolicited commercial or bulk SMS, mass SMS broadcasts, sending of SMS via automated means or for activities that will adversely affect the ability of users to use the Services, or for any other reason that in the Service Provider’s sole discretion violates its policy of providing the Services for individual use, unless otherwise approved by the Service Provider.

5. Unlawful Activities

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 such Services for commercial purposes, unless Subscriber(s) are on the corporate subscription and comply to Clause 4 above;
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.

6. Enforcement on Breach of Policy

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. Definition and Interpretation

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. User Age

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. Registration and Subscription

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. The Service Provider may treat access to or use of the Platform or MyDST Account at any time by the use of your login name and password as access to or use of the Platform or MyDST Account by you, notwithstanding that it may have been used by any other person without your knowledge or authority.

3.4. 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.

3.5. 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. Use of MyDST Account and Services

4.1. The Subscriber is responsible for checking their MyDST Account regularly and keeping track of their Account including their eBill, usage 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. Submitted Material

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 authorise 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. Third Party Software and Services

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. Definition and Interpretation

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 information set out in Clause 2.2 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, 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.

1.3. This Privacy Policy Specific Terms shall apply and govern 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.

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

2. Personal Data

2.1. The Service Provider ensures that only authorised staff will have access to personal information shared by the Subscriber(s).

2.2. The Service Provider collects the following personal information which is necessary for business function and activities:

2.2.1. Name
2.2.2. Email address
2.2.3. Billing address
2.2.4. Date of Birth
2.2.5. Gender
2.2.6. Phone number(s)
2.2.7. Account password and login details
2.2.8. IP Address
2.2.9. Website/browsing history including geographical location, length of visit and number of viewed pages
2.2.10. Cookie information

2.3. The Service Provider will collect, store, use, share, process and protect personal information from the Subscriber for the following purposes, including but is not limited to:

2.3.1. Verifying the Subscriber’s identity upon login
2.3.2. Making Service(s) available to the Subscriber on the Platform
2.3.3. Enhancing the content on the Platform
2.3.4. Improving the Services to tailor your shopping experience
2.3.5. Ensuring the Platforms are presented in the most effective manner for the Subscriber and their devices
2.3.6. Showing the Subscriber advertisements on social media platforms and across websites
2.3.7. Protecting the rights of the Service Provider
2.3.8. Enabling the Service Provider to comply with any legal or regulatory requirements and in the detection and prevention of theft, fraud or other crimes

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 will not share, sell, rent, swap or authorise any third party to use your personal information for commercial purposes without your consent.

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

2.7. 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.

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

2.9. If you have any questions on use of your data, you can contact us on the information available on our Platform.