RE-Charge Partner Terms & Conditions

These are Progresif’s terms & conditions for customers who have registered and are approved as our RE-Charge Partners (“Affiliate”) as part of Progresif’s Affiliate Program for Progresif’s RE-Charge E-Top Up System. In particular, these terms & conditions govern the Affiliate’s use of RE-Charge features in the Progresif Care+ App. These terms and conditions, together with the Progresif Care+ App Terms & Conditions and the terms applicable to the Mobile Prepaid Terms & Conditions, form the terms of the contract between you, the customer and us, Progresif (collectively the “Terms & Conditions”). You agree to use the services in accordance with the Terms & Conditions and our policies, guidelines, instructions, notices and directions as may be prescribed by us from time to time. For the purposes of these Terms & Conditions “E-Top Up (Electronic Top Up)” means prepaid top up vouchers of any denomination done electronically, with options and with a pre-determined period of validity. “E-Top Up” shall be referred to as “prepaid vouchers” herein.

Registration

1. To be eligible to become an Affiliate, Progresif requires that the customer should:

a. apply and provide the required personal information to Progresif; and b. have and/or maintain an active prepaid mobile line.

2.The Affiliate can create a 6-character code (“Affiliate Code”) and have access to the Affiliate dashboard (“the Affiliate Account”) subject to Progresif’s approval and verification.

3. By signing up to Progresif’s Affiliate Program, you consent to your personal data being collected, used and/or disclosed to or by Progresif for the purposes of the Affiliate Program and where such disclosure is deemed necessary in compliance with any statutory or legal obligations imposed upon Progresif by any relevant authorities.

Use of Affiliate Account

4. The Affiliate can purchase prepaid vouchers from Progresif through the Affiliate Account at the Affiliate exclusive price rate for the purposes of reselling.

5. Progresif reserves the right to alter the prices or the nature of the prepaid vouchers from time to time without notice to the Affiliate.

6. “Reselling” means the Affiliate can send prepaid vouchers to other Progresif subscribers electronically through the Affiliate Account on their own terms (“Sale”).

7. The Affiliate must make at least ten (10) Sales per month in the minimum amount of BND5.00 per Sale to any Progresif subscriber.

8. The Affiliate can call Progresif’s Customer Care Line at 177 (5) for support in respect of their Affiliate Account during Progresif’s working hours.

9. If you allow any other person to access or use the Affiliate Account, you agree to be responsible for:

a. Ensuring that such person complies with these Terms and Conditions; and b. The actions, omissions and defaults of such person in relation to the Affiliate Account.  

Affiliate’s Obligations

10. The Affiliate is obligated to protect information collected from Progresif subscribers who buy prepaid vouchers from them and are not authorized to disclose subscribers’ personal information to any party or entity for any purposes.

11. The Affiliate shall also secure the safety, integrity and confidentiality of Progresif information.

12. The Affiliate shall immediately and not later than 24 hours from discovery notify Progresif at Progresif’s Customer Care Line at 177 of any breach in security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to customer data. The Affiliate shall further help Progresif with the investigation.

Disputes on Transfers

13. Transactions made by an Affiliate will be considered final and will not, in any way, be reversed by Progresif should the Affiliate transfer it to a wrong mobile phone number.

14. Progresif also shall not reimburse the Affiliate for any wrongly purchased prepaid vouchers or wrongly sent prepaid vouchers.

Termination

15. Should the Affiliate fail to comply with the Terms & Conditions provided herein or should Progresif decide that the Affiliate’s use of the Affiliate Account is or may be detrimental to Progresif, its subscribers, or the public in general, the right to use the Affiliate Account shall be suspended or terminated.

16. Should the Affiliate wish to cancel their Affiliate account, the Affiliate can call our customer support at 177 to cancel the same.

17. In the events of termination Clause 15 and 16 above, no refunds for any purchases shall be provided to the Affiliate.

Exclusion from Liability

18. Progresif shall not be liable for any loss, costs, compensation, damage or liability to the Affiliate or third party arising directly or indirectly as a result of any or all of the following:

a. The Affiliate is unable to perform or complete any transaction through the use of the Progresif Care+ app due to the service/system/line unavailability; b. Any delay, interruption or termination of Progresif’s mobile services whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond Progresif’s control (including but not limited to acts of God, strike, lightning, interference or damage by third parties or any change in legislation); c. Any loss, costs, damages payable to any third party by the Affiliate.

19. The Affiliate shall indemnify Progresif against claims, losses and expenses arising out of breach of any agreement between the Affiliate and any Progresif subscribers.

Limitation of Liability

20. Subject always to the exemptions and exclusions set out in Clause 20 above, in the event of any action that the Affiliate may file against Progresif, the Affiliate agrees that Progresif’s liability to the Affliate in contract and in tort shall not exceed the sum of BND300.00 at any given time.

Fraudulent and Unauthorized Use

21. If the Affiliate or any other person, at the sole discretion of Progresif, is found to be using the Affiliate Account for any fraudulent purpose or illegal activity or is found to use abusive and/or indecent language to other Affiliates, partners, subscribers or Progresif staff, Progresif reserves the right to immediately suspend or terminate the Affiliate Account without prior notice and/or refuse to reconnect the account. Progresif also reserves the right to file the appropriate legal action against the Affiliate or person concerned.

22. The Affiliate shall be liable to Progresif for any and all compensation fees on account of any of the above unauthorized activities and unauthorized commercial use of the Affiliate Account.

General

23. If any of the terms contained in these Terms & Conditions are held to be invalid or unenforceable in whole or in part, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

24. Failure by either party to exercise or enforce any right conferred by these Terms & Conditions against the other party shall not be or deemed to be a waiver of any such right or in any way prejudice any right of that party under these Terms & Conditions.

25. Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.

26. You may not transfer or assign any of your rights and responsibilities under these Terms & Conditions.

27. These Terms & Conditions shall be subject to and construed in accordance with the laws of Brunei Darussalam and you hereby submit to the exclusive jurisdiction of the courts of Brunei Darussalam.