1.1. In this General Terms of Service or any of the Specific Terms, the following words and expressions shall have the following meanings:
|“Account“||means any account of a Subscriber or User with the Service Provider with respect to the provision of any Service;|
|“Add-Ons”||means any additional product or service purchased by the Subscriber to supplement their Plan including but not limited to Data Add-Ons, Data roaming, any value added services offered by the Service Provider;|
|“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 Service Provider as listed on https://dst.com.bn/branches/ where its Services are made available;|
|”Approved Authority”||means any Federal, State or 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 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;|
|“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 6:00 p.m. from Monday to Friday (excluding public holidays);|
|“Contract Plan”||means any postpaid plan for mobile (MOBI) plan, mobile wireless (FREEDOM) or fixed broadband plan (INFINTIY) or any other contract provided by 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”||Means the application available on mobile or website which is equipped with features that enhances Subscriber’s all-in-one access to DST’s products and/or services;|
|“MyDst Account”||means the DST account registered on the website 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, on its Platform or any other electronic medium introduced by the 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, charges and/or rental payment in connection with provision of any Service, upgrade or downgrade of plans, Equipment and/or Add-Ons;|
|“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 the telecommunication order of Brunei Darussalam and any other laws, guidelines, practice direction and/or directives issued and enforced by the relevant authorities of Brunei Darussalam which governs, controls and manages the telecommunication, media and technology industry;|
|“Loyalty Programs”||means the rewards program offered by the Service Provider such as for Subscribers on Postpaid Contract Plans;|
|“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 mobile applications such as MyDST;|
|“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 documentations available for the Subscriber to submit or fill in, whether in hard copies or online via the respective Platform must submit along with any supplementary information requested to process the Service requested;|
|“Service”||means any telecommunication, broadcasting, broadband or other related facilities and services (including the supply, rental or installation of any electronic devices and equipment comprised in any Subscriber Request), offered or provided by the Service Provider 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 number 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, with respect to the provision of the particular Service;|
|“Submitted Material“||means any content or material disclosed by the Subscriber to the Service Provider through the Platform or by other means;|
|“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 conditions 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|
|“User“||means a Subscriber, merchant, vendor or any person using the Services or Platform.|
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.