1. Incorporation by reference

In addition to:

a. the General Terms and Conditions of Service; 

b. imagine WiFi Terms and Conditions (also known as imagine Nationwide WiFi Service), which terms and conditions are deemed to be incorporated by reference, the customer shall be bound by the following Specific Terms and Conditions and

c. imagineGo Application Terms and Conditions

These Specific Terms and Conditions are available on imagine’s website or can be requested on written request.

2. Definitions and Interpretations

2.1 For the purposes of these Specific Terms and Conditions, the following terms have the meanings set forth below: –

2.1.1 “Access Medium” shall mean the medium (whether a fixed-line telephone, mobile cellular phone, modem or otherwise, including a computer) stipulated or approved by imagine by or through which the customer may utilise the Broadband Service;

2.1.2 “Allocated Data Quota” shall mean the data quota which imagine has allocated to the customer’s Broadband Plan;

2.1.3 “Bandwidth” shall mean the data transfer speed in accordance with the Broadband Plan subscribed to by the customer which shall be provided on a best effort basis;

2.1.4 “Billing Cycle” shall mean each specified one (1) month period for which customers must pay their Bill;

2.1.5 “Broadband” shall mean high-speed internet connection or any other data transmission that may be provided by imagine from time to time pursuant to the Broadband Plan which the customer has subscribed to;

2.1.6 “Broadband Plan” shall refer to either the Biz Broadband plan (business) or the Dream Broadband plan (residential) made available by imagine to the customer;

2.1.7 “Broadband Service Application Form” shall mean the application form provided by imagine to the customer when subscribing to any of the Broadband Plans inclusive of the Broadband Service;

2.1.8 “Broadband Service” shall mean the provision of Internet access via subscribed Broadband Plan, Value Added Services, and such other service or facility relating thereto provided by imagine from time to time, that are made available through the customer’s compatible Access Medium;

2.1.9 “Business Broadband Plan” means the Broadband Plan made available to customers who meet the eligibility requirements set out in Clause 3.2;

2.1.10 “Demarcation Point” shall mean the first point of entry of the network cable at a customer’s Premises, located at:

In the case of landed properties:

a. the Terminal Box or Direct Joint, as the case may be, at the exterior of the customer’s Premises via overhead standard installation; or

b. the point at which the network cable passes the customer’s Premises via underground standard installation; or

c. the point at which the network cable connects with the customer’s internal wiring, located inside the control room of the building where the customer’s Premises is located.

For the avoidance of doubt, imagine is responsible for any network cable up to the Demarcation Point and the customer is responsible for any network cable beyond the Demarcation Point.

2.1.11 “Direct Joint” shall mean where copper cable is used, the external point at which the network cable connects with the customer’s internal wiring;

2.1.12 “Internet” shall mean the global computer network providing a variety of information and communication facilities, consisting of interconnected networks using standardised communication protocols;

2.1.13 “No Contract Plan” shall mean Dream Broadband or Biz Broadband plans that are not bound by any contract terms or period;

2.1.14 “Price Cap” shall mean the maximum Fees and Charges payable by the customer to imagine during each Billing Cycle;

2.1.15 “Residential Broadband Plan” means the Broadband Plan made available to customers who meet the eligibility requirements set out in Clause 3.3;

2.1.16 “Service Activation Date” shall mean the date at which the Broadband Service becomes available and ready to be used by the customer;

2.1.17 “Service Contract Plan” shall mean any Dream Broadband or Biz Broadband plan that are bound by either a 12-month or 24-month contract period or 12-month or 36-month contract respectively, contract terms under the imagine Broadband Terms and Conditions as well as not attached to any device bundle or campaign;

2.1.18 “Subscription Fee” shall mean the monthly fee payable by the customer, in accordance with the customer’s subscribed Broadband Plan;

2.1.19 “Specific Terms and Conditions” shall mean these Broadband Terms and Conditions;

2.1.20 “Terminal Box” shall mean where fibre optic cable is used, the external point at which the network cable connects with the customer’s internal wiring and shall be no higher than 1.5 metre above ground level or balcony level;

2.1.21 “Fair Usage Practice” shall mean the practice implemented by imagine to regulate excessive and unreasonable data-usage;

2.1.22 “Booster” shall mean the purchase of additional data quota via imagineGo or at a imagine Business Centre, or any other authorised channels made available by imagine from time to time;

2.1.23 “Booster Quota” shall mean the additional data quota that is provided upon the purchase of Top-up;

2.1.24 “Booster Validity” shall mean the validity period of each purchased Top-up; and

2.1.25 “Value Added Service”; or “VAS” shall mean one or more additional services made available by imagine (including Facebook Unlimited, Instagram Unlimited, and WhatsApp Unlimited, or such other Value Added Service made available by imagine from time to time), which the customer can choose to add on to supplement their existing Broadband Plan, at a rate prescribed by imagine (which may vary from time to time).

2.1 Any capitalised terms used but not defined shall have the meaning prescribe to it in the General Terms of Service and Conditions of Service, the imagineGo Terms and Conditions, and the Fixed Line Terms and Conditions.

2.2 When used herein, the term “Terms” refers collectively to the General Terms and Conditions of Service, the imagineGo Terms and Conditions, the Fixed Line Terms and Conditions and the Specific Terms and Conditions.

2.3 Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.

2.4 Word denoting natural persons include bodies corporate, partnership, sole proprietorship, joint ventures and trusts.

2.5 Any technical term not specifically defined or described herein shall be construed in accordance with the general practices of the telecommunications industry in Brunei Darussalam. Any terms relating to computer technology not specified defined or described herein shall be construed in accordance with the general practice and the trade of computer companies and the information technology industry in Brunei Darussalam.

3. Eligibility for Broadband Service

3.1 The customer shall subscribe to either a Business Broadband Plan or a Residential Broadband Plan depending on their eligibility requirements as set out below.

3.2 The customer intending to subscribe to a Business Broadband Plan must meet the following requirements:-

3.2.1 The customer must be either a registered Sole Proprietor or Partnership (as evidenced by Form 16/17), or an incorporated Company (as evidenced by the Certificate of Incorporation);

3.2.2 The customer must have an existing Fixed Line subscription;

3.2.3 The customer must meet and continue to meet all other eligibility requirements as may be determined by imagine from time to time; and

3.2.4 The customer shall have no outstanding Fees and Charges due to imagine on any existing Service account under his name.

3.3 The customer intending to subscribe to a Residential Broadband Plan must meet the following requirements:-

3.3.1 The customer must be a resident of Brunei Darussalam;

3.3.2 The customer must be at least eighteen (18) years old;

3.3.3 If the customer is a foreigner, the customer must be an employment pass holder (with a minimum eligibility of at least six (6) months);

3.3.4 The customer must have an existing Fixed Line subscription;

3.3.5 The customer must meet and continue to meet all other eligibility requirements as may be determined by imagine from time to time; and

3.3.6 The customer shall have no outstanding Fees and Charges due to imagine on any existing Service account under his name.

3.4 Notwithstanding Clauses 3.2 and 3.3, imagine shall at its sole discretion determine whether a customer is eligible to subscribe to a Business Broadband Plan or a Residential Broadband Plan.

4. Upgrade and Downgrade of Broadband Plan

4.1 The customer may apply to imagine for a downgrade of a subscribed Broadband Plan, and the customer will be charged a fee, as determined by imagine from time to time, for the downgrade. All downgrade applications shall only be made at any imagine Business Centres during imagine’s operating hours, and is subject to imagine’s sole discretion.

4.2 The customer may also apply to imagine for an upgrade of a subscribed Broadband Plan at no charge, and is subject to imagine’s sole discretion. Any upgrade application shall be made as follows:

4.2.1 Residential Broadband Plan: at any imagine Business Centres during imagine’s operating hours or via imagineGo.

4.2.2 Business Broadband Plan: at any imagine Business Centres during imagine’s operating hours.

4.2.3 Other Broadband Plan as published by imagine: at any imagine Business Centre during imagine’s operating hours or via imagineGo.

5. Fees and Registration

5.1 Unless specifically waived by imagine, the following shall be payable by the customer to imagine upon application for the Broadband Service: –

5.1.1 a registration fee (at prevailing rates);

5.1.2 an activation fee (at prevailing rates); and

5.1.3 one (1) month advance Subscription Fee.

5.2 imagine may at its sole discretion cancel an application for Broadband Service if it determines that it is unable to provide the Broadband Service at the Premises due to any of the limitations set out in Clause 13. In the event of cancellation of application by imagine, imagine will refund the registration fee, activation fee, and one (1) month advance Subscription Fee.

5.3 If the customer cancels the application prior to installation works and activation of the Service, all payments made to imagine will be refunded to the customer.

6. Subscription Period and Ownership of Equipment

6.1 Any and all Equipment shall remain under the ownership of imagine.

6.2 If the Broadband Service is terminated by the customer during the Subscription Period:-

6.2.1 Ownership of any and all equipment shall remain with imagine and is to be forthwith returned to imagine. Notwithstanding the termination notice, termination of the Broadband Service and any refunds of relevant fees shall only take effect upon return of the equipment to imagine; and

6.2.2 Any subscription fee for the terminated Broadband Plan which would have been payable by the customer to imagine for the remainder of the Minimum Subscription Period following such termination shall become immediately due and payable.

6.2.3 In the event that the customer’s Service Contract Plan period has concluded:

6.2.3.1 either the customer may renew its existing contract to a new; or

6.2.3.2 imagine shall automatically convert the customer’s Service Contract Plan to a Non-Contract Plan without prior notice.

6.2.4 In the event that the Customer has a remaining Service Contract Plan period of six (6) months or less, imagine shall notify the status of the contract period.

7. Broadband Service Installation and Installation Charges

7.1 Following application for the Broadband Service, imagine will determine the availability of the Broadband Service to the customer. If available, imagine or its appointed contractor will contact the customer to arrange a time and date for installation of the equipment at the Premises.

7.2 The customer must provide imagine with at least three (3) hours’ notice to reschedule or cancel a scheduled appointment. imagine reserves the right to levy a charge for all scheduled appointments which are missed and/or appointments which are cancelled where such prior notice is not provided by the customer.

7.3 If the customer’s premise is unable to meet the minimum requirements for the installation of the Broadband Service, such that in order to obtain the Broadband Service, non-standard installation (including but not limited to internal wiring and cabling works) is required to be made beyond the demarcation line, and/or a specific request is made by the customer which imagine deems to be a non-standard installation, the customer acknowledges and agrees that any additional cost of Equipment and required accessories for the provisioning and installation of Broadband Service is chargeable to the customer at prevailing rates as determined by imagine and/or its appointed contractors.

8. Broadband Service Relocation

8.1 The customer may make an application to imagine for the relocation of Broadband Service and such application shall be made at any imagine Business Centre during imagine’s operating hours and is subject to imagine’s sole discretion.

8.2 The customer acknowledges that any relocation of the current subscribed Broadband Service is subject to: –

8.2.1 Availability of such Broadband Service at the customer’s new premises. If the current subscribed Broadband Service is unavailable, the customer may transfer his subscription to an alternative Broadband Service. If no alternative Broadband Service is available, or if the customer chooses not to transfer to an alternative Broadband Service, imagine shall treat this as an immediate termination event; and

8.2.2 Payment by the customer of a relocation fee (at prevailing rates) and any applicable fees and charges in relation to the relocation of Broadband Service to imagine (which includes but not limited to additional Equipment costs and associated accessories for the provisioning of the Broadband Service is chargeable to the customer at prevailing rates set by imagine and/or its appointed contractors).

8.3 Subject to Clause 8.2.1, customer acknowledges that during the relocation process, there may be some disruption to the Broadband Service and any related Service. imagine will not be liable for any direct or indirect losses or damages arising from such service disruption.

8.4 Subject to Clause 8.2, imagine may at its sole discretion cancel an application for relocation if it determines that it is unable to provide the Broadband Service at the customer’s new premises due to any of the limitations set out in Clause 13 OR due to reasons beyond the control of either party. In the event of cancellation of application by imagine, imagine will refund the relevant fee.

8.5 If the customer cancels the application, the relocation fee will not be refunded and Clause 6 of these specific terms and condition shall be applied.

9. Billing Cycle

9.1 At every Billing Cycle, the customer’s subscribed Allocated Data Quota shall be reset, and any remaining data quota from the previous Billing Cycle shall not be carried forward.

9.2 Booster quota purchased via Top-up during the previous billing cycle shall remain and be carried forward to the next billing cycle until the end of the booster validity.

9.3 If the customer’s Broadband Service is activated on any date of any month, the customer’s subscription fee will be adjusted in accordance to the Service Activation Date.

10. Boosters

10.1 Should the customer exceed the allocated data quota as per the customer’s Broadband plan, the customer may purchase a booster with specific booster quota and booster validity.

10.2 It is at imagine’s discretion to determine and publish the rates and validity period of the different boosters available for specific booster quota and booster validity.

10.3 The customer may purchase any number of boosters at any time within a billing cycle.

10.4 All boosters purchased shall only remain valid until the end of the booster validity specified by imagine.

10.5 Purchase of any boosters by the customer is non-refundable.

11. imagine shall have the right to suspend the Broadband Service if:

11.1 Customer fails to pay the due bill on time;

11.2 Customer behaves in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights (such as copyright) or is likely to damage or negatively impact the operation of our Network, the Services or a third party’s network;

11.3 Customer resells or resupplies a Service, or uses it other than for ordinary personal, domestic and household purposes;

11.4 Customer does not follow our reasonable instructions in relation to use of the services;

11.5 If imagine reasonably considers customer to be a credit risk;

11.6 If customer is otherwise in material breach of these terms and conditions and those incorporated and the breach cannot be remedied, or customer does not remedy it within fourteen (14) days of imagine asking customer to do so; and

11.7 If customer fails to allow imagine to access premises to perform its obligations under these terms and conditions and those incorporated.

12. Equipment Warranty

12.1 The warranty period for all equipment provided by imagine is one (1) year commencing from the service activation date. Following expiration of the warranty period, the customer may request (at its own expense) for: –

12.1.1 Repair of the faulty equipment by imagine or its appointed contractor; or

12.1.2 Replacement of the faulty equipment by imagine, on a best effort basis.

12.2 The customer acknowledges that using equipment not provided by imagine to connect to the Broadband Service shall not fall within the scope of imagine’s responsibility.

12.3 The customer further acknowledges that he shall bear cost if any, for repairs, replacements and remedial solutions/works required of any faulty equipment not provided by imagine.

12.4 Clause 12.1, shall not apply if it is in contradiction with Clause 8.10 of imagine’s General Terms and Condition for Services whereby the customer must and shall always maintain the equipment in good, working condition throughout the duration of the customer’s subscription to the Broadband Service.

13.Broadband Service Limitations

13.1 The customer acknowledges and agrees that Broadband Service availability and/or performance is subject but not limited to:-

13.1.1 The types and number of devices used to connect to the Broadband Service e.g. personal computers, tablets, laptops, phones;

13.1.2 Availability of resources including, without limitation to, availability of a suitable network infrastructure and fibre coverage at the time the Broadband Service is requested or delivered;

13.1.3 Geographical and technical capability of the network infrastructure, fibre coverage and imagine’s delivery systems at the time and location at which the Broadband Service is requested or delivered; and

13.1.4 Other factors which are controlled by and/or dependent on third party service providers/contractors.

13.2 The customer accepts that neither imagine, its subsidiaries or appointed contractors shall be responsible to the customer for any loss, damage, claim or compensation whatsoever arising from or related to the use by the customer of the Broadband Service including but not limited to disruptions, delays, errors or unavailability of the Broadband Service and/or any damage to the equipment or the Premises of the customer.

14. Value Added Service

14.1 The customer may apply for one or more Value Added Service by submitting the relevant Application Form at a imagine Business Centre, or such other method as imagine may prescribe from time to time.

Eligibility

14.2 The customer intending to subscribe to a VAS must have an active Broadband Service under the customer’s name.

Fees and Charges

14.3 The monthly charge for each VAS (“VAS Subscription Fee”) shall be at prevailing rates as determined by imagine from time to time.

14.4 Upon meeting the eligibility requirements for the VAS, the monthly VAS Subscription Fee for each subscribed VAS shall be reflected on the customer’s Bill until such VAS is terminated or the Broadband Service is terminated. If a VAS is subscribed to within the Billing Cycle, the customer is still liable for the full VAS Subscription Fee for the first month of subscription.

Usage

14.5 Each VAS subscribed to shall only be used for the purpose for which it is intended. If the customer chooses to browse pictures, images, videos or any third party’s sites or links which are not contained within the relevant subscribed VAS sites, such data usage will be deducted from the customer’s subscribed Broadband Plan.

14.6 Any data usage which falls outside the scope of the subscribed VAS (for example if the customer chooses to browse pictures, images, videos or any third party’s sites or links which are not contained within the relevant subscribed VAS sites) shall be deducted from the Allocated Data Quota or any purchased Top-up Quota, as the case may be, of the subscribed Broadband Plan to which the VAS is tagged to.

Termination of Value Added Service subscription

14.7 The customer may visit any of imagine Business Centre or call imagine customer Care hotline 111 to terminate any of their VAS subscription.

14.8 If a VAS subscription is terminated within the Billing Cycle, the customer is still liable for the full VAS Subscription Fee for the month of termination.

15. Change of Terms and Conditions

imagine reserves the right to change these terms and conditions at any time. In the event that any changes are made, the revised terms and conditions will be updated through imagine website and notice may be provided to the customer through email address the customer provides, bill insert , bill message or imagine Social Media channels. It is the customer’s responsibility to check for any such notification. Your continued subscription to the service after the effective date of the change constitutes your acceptance of such change.

1. Applicable to all Dream Broadband and Wish Mobile Postpaid Residential customers except Business customers unless otherwise stated.

2. One (1) Dream Broadband plan can only be exclusively bundled with one (1) Wish Mobile Postpaid Plan. No additional Wish Mobile Postpaid Plan can be added on to the bundle unless otherwise stated.

3. imagine Bundle is available according to the published tariff and as stated in our website imagine.com.bn/

4. Should the customer decide to terminate or downgrade their subscription within the contract period, they will be required to pay the necessary fees and charges. Unless otherwise stated, such fees and charges would include payback of any promotional offer as well as all rental charges for the remaining months of the contract period.

5. Contract terms offered are on 12 months or 24 months basis, unless otherwise stated.

6. Any existing customers who sign-up to imagine Dream Bundle must re-contract both their Dream Broadband and Wish Mobile Postpaid. The contract term for both must be the same.

7. Once the customer is out of contract for their Dream bundle plan, their broadband and mobile plans will be moved to a standalone plan unless they renew their imagine Bundle contract.

8. This offer is available at all imagine Centres (including imagine’s roadshows).

9. Any device bundles on top of imagine Dream Bundle Subscription will not be included in this terms and condition and customer shall refer to the device bundle terms and conditions.

10. Imagine reserves the right to deem the offer void if the customer does not comply with the Terms and Conditions specified for this bundle, including imagine’s General Terms and Conditions for Services as well as any other terms and conditions as may be agreed and accepted by the customer. Such rights conferred by imagine under these Terms and Conditions shall be additional to the rights conferred by imagine under the imagine‘s General Terms and Conditions for Services as well as any other terms and conditions agreed and accepted by the customer.

11. All details and particulars registered by the customer must be true, accurate and complete.

12. imagine shall not be liable for any delay, failure or omission in carrying out this Promotion.

13. imagine shall not be liable for any claims, losses and damages sustained by the customer.

14. imagine reserves the right at any time in its absolute, sole discretion, notwithstanding anything in these terms and conditions to cancel or make amendment(s) to this offer as well as the giveaways.

15. imagine reserves the right to alter these terms and conditions at any time without prior notice.

16. customers who sign up for Imagine Dream Bundle shall accept these terms and conditions and any alterations thereof.

17. Any change of account ownership by the customer will render the contract void, except in the event of death or otherwise as consented to by imagine. The customer will be required to pay back to imagine all necessary fees and charges, including but not limited to pay back of any promotional offer as well as rental charges for the remaining months of the contract period.

By your use of the Free Access Service, Prepaid Service and Postpaid Service which forms part of the imagine WiFi Service, you (“Customer”) acknowledge that:

Free Access Service

imagine WiFi Free Access Service (“Free Access Service”) is a complementary service made available by imagine for the public at designated imagine WiFi locations (also known as “imagine WiFi Zones”).

The Free Access Service will be made available for up-to 30 minutes daily, and will automatically disconnect at the end of the 30 minute session.

imagine will only allow the Free Access Service to be utilized on a per day basis.

You, as a user of the Free Access Service, are responsible for monitoring the connectivity time and saving all data and communication prior to the expiration of the online session. 

Prepaid Service

imagine WiFi Prepaid Service (“Prepaid Service”) allows both imagine Broadband Plan subscribers as well as non-imagine Broadband subscribers to enjoy imagine WiFi on a pay-as-you-go basis at any imagine WiFi Zones.

imagine WiFi Zones

The imagine WiFi Zones are locations are located at specified locations only. For information on imagine WiFi Zones, please visit our imagine website at https://www.imagine.com.bn/.

Obligations of the Customer

Any activities conducted online through the imagine WiFi Service shall not violate any applicable law or regulation or the rights of imagine or any third party. imagine will cooperate fully with law enforcement upon receipt of notice that use of the imagine WiFi Service by the Customer is in violation of any applicable law. If you are unsure whether your use of the imagine WiFi Service and activities conducted online may violate these Terms of Use, you are advised to cease the activity immediately.

Examples of prohibited activities include, but are not limited to:

1. Spamming and invasion of privacy;

2. Intellectual property right violations;

3. Obscene or indecent speech or materials;

4. Defamatory or abusive language;

5. Forging of headers;

6. Hacking, scans, or other subversive information gathering activity;

7. Distribution of internet viruses, trojan horses, or other destructive activities;

8. Facilitating a violation of this Terms of Use;

9. Resale of the imagine WiFi Service.

Access to the imagine WiFi Service may be denied, blocked, suspended, or terminated by imagine at any time for any reason including, but not limited to, violation of these Terms of Use, actions that may lead to liability for imagine, disruption of access to other guests or networks, and violation of applicable laws or regulations. Use of the imagine WiFi Service shall not be construed as creating a relationship of any kind between imagine and any user of the imagine WiFi Service.

General

You further acknowledge that:

1. The imagine WiFi Service may susceptible to interruption and errors;

2. Viruses or other harmful applications may be transmitted through the imagine WiFi Service;

3. You must ensure your device is adequately protected. imagine does not guarantee the security of the imagine WiFi Service and unauthorized third parties may access your computer or files or otherwise monitor your connection;

4. The imagine WiFi Service is provided “as is” and on an “as available” basis, without warranties of any kind, whatsoever; and

5. You assume all risk associated with your activities conducted online through the imagine WiFi Service, as well as all liability and damages incurred by yourself, imagine, or a third party that arise or result from your online activities through the imagine WiFi Service, whether known or unknown at the time of use. 

imagine’s General Terms and Conditions for Services

The Customer shall be bound by and shall fully observe and comply with the Terms of Use including imagine’s General Terms and Conditions for Services as well as such other specific terms and conditions as may be agreed or accepted by the Customer. The rights and protections conferred on imagine under the terms of use shall be additional to the rights and protections conferred on imagine under the imagine’s General Terms and Conditions for Services and any other terms and conditions agreed or accepted by the Customer.

Customer Service Contact

For any further information in relation to the imagine WiFi Service, the Customer can visit the imagine website at https://www.imagine.com.bn/ or call our Customer Care Center by dialing 111 and/or visit any of imagine’s Centres near you.

1. DEFINITIONS
   • In these Terms and Conditions, the following definitions shall apply:
     • “Customer” means any person that has purchased the Gift Card. Customer shall include the Customer’s successors and assignees.
     • “imagine” mean Imagine Sdn Bhd and its successors;
     • “Gift Card Portal” means the website or portal where the Customer can acquire information about the Gift Card and purchase them; and
     • “User” means the end-user of the Gift Card, who shall use such Gift Card for the purpose of purchasing a product from the relevant store applications.
   • Unless the context requires otherwise, words importing the singular include the plural and vice versa, words importing gender include every gender and words denoting person shall include a natural person, company, firm, unincorporated association or any other legal entity whether acting as trustee or not.
   • Any reference to a business day shall mean a reference to any day other than a Saturday and Sunday or a public holiday in Brunei Darussalam and any reference to a month or year shall mean a month or year reckoned according to the Gregorian calendar.
2. APPLICATION OF GIFT CARD TERMS AND CONDITIONS
   • These Terms and Conditions shall apply to all Customer and/or Users purchasing, using or attempting to use a Gift Card.
   • By purchasing, using or attempting to use a Gift Card, the Customer or User be bound to these Terms and Conditions as well as such other terms and conditions that may apply.
3. PURCHASE OF GIFT CARDS
   • imagine offers Gift Cards that can be purchased and redeemed through the Gift Card Portal.
   • Gift Cards will be provided by imagine in electronic form only, through the provision of a Gift Card code.
   • Once the payment of the Gift Card has been processed, the Customer will receive a confirmation email and SMS. The receipt of the confirmation shall be considered the issue date and the Gift Card validity.
4. PAYMENT AND CHARGES
   • The Gift Card will be charged in Brunei Dollar (BND).
   • The charges for the Gift Card will be the amount that the Customer has selected on the Gift Card Portal, and will be made known to the Customer for confirmation before they conclude the purchase. Charges must be paid in accordance with the instructions as specified by imagine on the Gift Card Portal.
   • The payment of the Gift Card shall be made by Credit Card or Debit Card only.
   • A confirmation notification via email and SMS will be sent to the Customer once the payment has been made.
   • When purchasing a Gift Card, the payment method is subjected to currency conversion fee and fluctuation in exchange rate. imagine is not responsible for any such fees or fluctuations, and imagine does not control the exchange rate used by third-payment processors or financial institutions.
5. USER
   • When purchasing a product with the Gift Card, the User will not receive any change for the outstanding amount on the Gift Card. The amount on the Gift Card can only be spent on the relevant store applications.
   • The Gift Card has the monetary value pre-paid at the point of issue. The Gift Card is not a credit, charge card, cheque guarantee or debit card, and no interest will be paid on the balance on the Gift Card.
   • The Gift Card does not have a repayment value and cannot be exchanged for cash, nor can an advance in cash be made for any portion of the value on the Gift Card at the time of purchase.
6. LIMITATION OF LIABILITY
   • The Customer is responsible for the use and safety of the purchased Gift Card. The Customer is liable for all transactions for which the Gift Card is used.
   • imagine shall not be liable to the Customer for any inconvenience, loss, theft, damage or improper use of Gift Card.
   • imagine shall not be liable to the Customer for the accuracy, currency or completeness of the e-gift card information.
   • imagine shall not be liable for any delays, interruptions, errors, or omissions, however occurring (including as a result of negligence) in the collecting, recording, processing, storing or dissemination of this information.
   • In the event of theft or loss of the Gift Card, or if the Gift Card is suspected of being used for a transaction for which no authorization has been given by the Customer, imagine customer service must be contacted via Talk2US at 111 or visit any imagine center.
7. USE AND DISCLOSE DATA AND INFORMATION OF THE CUSTOMER

The Customer hereby affirmatively agrees, consents to and authorizes imagine’s right to collect, use and disclose data and information of the Customer under for the purposes of provisioning and administering services, market research, network and service enhancement, sharing of rewards and benefits, security and risk management, compliance with legal and regulatory requirements and other purposes, withdrawals or corrections which may have been separately notified by or to the Customer.

8. SEVERABILITY

Any clauses forming part of these Terms and Conditions, which are or become illegal, invalid or unenforceable shall be severed here from and shall be ineffective to the extent of such illegality, invalidity or unenforceability. The remaining clauses shall not be affected or impaired and shall remain in full force and effect.

9. AMENDMENT AND VARIATION

imagine reserves the right to amend or vary these Terms and Conditions by giving 30 days’ notice thereof to the Customer and any such amendment, variation or supplement shall take effect upon expiring of the thirty (30) days’ notice or a later date determined by imagine.

10. COMPLIANCE WITH GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of Brunei Darussalam with exclusive jurisdiction been submitted to the courts of Brunei Darussalam.

11. REPRESENTATION AND AFFIRMATION BY THE CUSTOMER

The Customer represents and affirms that all information provided to imagine is true, precise and complete in its entirety and that the Customer has also read, understood and agrees to be bound fully by these Terms and Conditions.

TERMS AND CONDITIONS FOR TRAVEL eSIM

1. Incorporation by reference
   • The General Terms and Conditions for Services shall apply to all services rendered by Imagine Sdn Bhd (hereinafter referred to as “imagine”) and are hereby incorporated by reference into the following terms and conditions, in connection with the Travel eSIM.
   • The Customer shall comply and be bound by the General Terms and Conditions for Services and the following Terms and Conditions for Travel eSim.
   • All Terms and Conditions are provided on the website www.imagine.com.bn.
2. Registration for Travel eSIM
   • The Customer may register to purchase Travel eSim on https://app.imagine.com.bn/travel_esim/ . The activation of the Travel eSIM and acknowledgement of Activation Policy is the Customer’s responsibility.
3. Rights of imagine
   • imagine shall use reasonable endeavours to provide Customer quality service. However, imagine does not guarantee a flawless, uninterrupted service, provided on time, and be safe or fault-free. The Service is provided on a ‘as available’ and ‘best effort’ basis.
   • imagine does not guarantee the quality of data transmitted and shall not be liable for loss or damage caused by the loss or mutilation of data at any stage of transmission, be it progress or complete.
4. Customer’s Obligations
   • The Customer shall use the Travel eSIM in compliance with these Terms and Conditions.
   • The Customer shall use the Travel eSIM in accordance with all applicable laws and regulations of the country in which the Customer is present or ordinarily resident.
   • The Customer shall not use the service for unlawful activities, including but not limited to gambling, vice, fraud and other illegal activities, the contravention of intellectual property rights, sending or receiving messages which are upsetting; that causes the network to be impaired or damaged.
5. Device Compatibility
   • The Customer is responsible for ensuring that their device is eSIM compatible and network-unlocked. Device compatibility may depend on the carrier and country of origin, the Customer shall check the list of eSIM-compatible devices provided at the https://app.imagine.com.bn/travel_esim/ .
   • By availing of the Service, the Customer acknowledges that they have an unlocked, eSIM-compatible device, which is required in order to access the Travel eSIM.
   • The eSIM compatibility list is not exhaustive, meaning newly announced eSIM-compatible devices may still need to be added.
6. Commencement and Termination of the Customer Agreement
   • The commencement of the agreement between imagine and the Customer relating to the Service commences upon completing the order at the imagine website https://imagine.com.bn/ or via the imagineGo App.
   • Imagine shall have the sole right to suspend or terminate the Service and shall not be liable for doing so.
   • Imagine may at any time suspend or terminate this agreement with immediate effect if the Customer commits a breach of its obligations in Clause 4 (Customer’s Obligations). During the suspension or termination, the Customer shall continue to pay all charges due under this agreement in respect of the suspended Services.
   • The agreement will be terminated if the Customer does not have an active data package or has deleted the eSIM from the target device.
7. Payment and Charges
   • The Travel eSIM will be charged in Brunei Dollar (BND).
   • The charges for the Travel eSIM will be the amount the Customer has selected on the https://app.imagine.com.bn/travel_esim/ and will be made known to the Customer for confirmation before they conclude the purchase. Charges must be paid accordance with the instructions as specified by imagine on https://app.imagine.com.bn/travel_esim/
   • The payment of the Travel eSIM shall be made by Credit Card or Debit Card only.
   • A notification via email will be sent to the Customer once the payment has been made.
   • When purchasing the Travel eSIM, the payment method is subjected currency conversion fee and fluctuation in exchange rate. imagine is not responsible for any such fees or fluctuations, and imagine does not control the exchange rate used by third-payment processors or financial institutions
8. Refund, Cancellation and Modification Policy
   • The Customer may request for a refund or eSIM-replacement if the eSIM cannot be installed and useddue to a technical problem from our service provider.
   • A refund request can be made within thirty (30) days from the date of purchase when the activation is no longer possible following extensive collaborative troubleshooting.
   • Cooperation with the Customer to resolve the issue promptly is required for a refund to be granted
   • Each data package has its own validity period. No refund of any form will be offered for the remaining data when the validity period expires.
   • No refund shall be granted for the following reasons:
     • Once Customers install the eSIM, it will be considered used;
     • No refund or remuneration of any kind will be issued due to charges from alternate phones, alternate SIM cards, alternate providers, hotel phones, or other charges that are not directly linked to the Customer’s eSIM account; and/or
     • In the event that there is evidence of abuse, violation of our Terms and Conditions, or any fraudulent activity connected with imagine products and services.
   • If the Customer reasonably and in good faith disputes an invoice or part of it, the Customer shall notify to imagine within twelve (12) days of receipt of the invoice.
   • If the refund request is not within the above, imagine shall investigate the request on a case-by-case basis. If the refund is approved, a processing fee may apply. The maximum refund of credit a Customer can apply for must be equal to or less than the total amount they paid.

9. Refund Process

To request a refund, contact Imagine’s support team via the Contact Us page. Please be aware that our refund policy above will apply.

Depending on the nature of the issue, Customers will be asked for further information to support their refund request, such as screenshots of the device settings for technical issues or details of why the invoiced amount is incorrect and, if possible, how much the Customer considers is due, etc.

10. Use and Disclose Data and Information of the Customer

The Customer hereby affirmatively agrees, consents to and authorizes imagine’s right to collect, use and disclose data and information of the Customer under for the purposes of provisioning and administering services, market research, network and service enhancement, sharing of rewards and benefits, security and risk management, compliance with legal and regulatory requirements and other purposes, withdrawals or corrections which may have been separately notified by or to the Customer.

11. Severability

Any clauses forming part of these Terms and Conditions, which are or become illegal, invalid or unenforceable shall be severed here from and shall be ineffective to the extent of such illegality, invalidity or unenforceability. The remaining clauses shall not be affected or impaired and shall remain in full force and effect.

12. Amendment and Variation

imagine reserves the right to amend or vary these Terms and Conditions by giving thirty (30) days’ notice thereof to the Customer and any such amendment, variation or supplement shall take effect upon expiring of the thirty (30) days’ notice or a later date determined by imagine.

13. Compliance with Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Brunei Darussalam with exclusive jurisdiction been submitted to the courts of Brunei Darussalam.

14. Representation and Affirmation by the Customer

The Customer represents and affirms that all information provided to imagine is true, precise and complete in its entirety and that the Customer has also read, understood and agrees to be bound fully by these Terms and Conditions.