SERVICIOS BROXEL, S.A.P.I. DE C.V, (hereinafter "BROXEL") hereby sets forth the following Terms and Conditions which apply to the “Refer and Win Program” (hereinafter the “Program”). BROXEL as the Program Sponsor is responsible for providing its management and implementation, including allocating rewards and benefits when conditions provided herein are met. Metropolitan Commercial Bank does not provide the specificities of the Program, nor sponsors the rewards and benefits that the Program entails.
Please read the following Terms and Conditions carefully before deciding if you want to participate in the Program.
1. USE AND RESTRICTIONS. Usage of BROXEL’s Internet Portal and the Mobile Application (hereinafter “Portal”) entails the user's full and unreserved compliance with these Terms and Conditions. Through the Portal, the user will have access to and/or will use different services and contents (hereinafter, the "Services and Contents"), made available to users by BROXEL, and/or by third party Service and Content providers. BROXEL shall be entitled to deny, restrict or condition the user's access to the Portal, in whole or in part, at its sole discretion, as well as, to modify the Portal’s Services and Contents at any time through proper notice, exception made of situations out of Broxel´s control, including, but not limited, to those resulting from Acts of God and/or Force Majeure.
This Program is offered and is intended for Broxel Pay Users who are 18 years of age or older. By using Broxel´s Portal and accepting the Program´s Terms and Conditions, you represent and warrant that you are of legal age to form a binding contract with Broxel and meet all of the eligibility requirements to participate in the Program. If you do not meet all of these requirements, you must not access, register or use any of Broxel’s products or services.
2. “REFER AND WIN" PROGRAM THROUGH REFERRAL CODES (the "Program").
2.1 How to participate
The “Program” is offered to Broxel Pay cardholders/account holders (hereinafter “Broxel Pay Users”) that invite friends, relatives or acquaintances who, at the time of the invitation have not yet registered or concluded any of Broxel´s enrollment processes either in Mexico or in the United States (hereinafter referred to as the "Referral" or "Referrals").
This is to say, if Broxel Pay Users invite a Referral(s) and such Referral(s) obtains and use a Broxel Pay card (either in Mexico or in the United States), both the Broxel Pay Users and the Referral(s) will benefit from the Program´s rewards mentioned below under the Terms and Conditions contained herein which shall governed the Program.
Participant Broxel Pay USA products in the Program are: Broxel USA Prepaid Mastercard card, Canelo Prepaid Mastercard card and Miami Dolphins Prepaid Mastercard card. Participant Broxel Pay Mexico products in the Program are all Broxel Mexico Contactless cards but “Financiera para el Bienestar Mexico”. Broxel Pay USA users and Broxel Pay Mexico users may participate in the Program from July 1st, 2023 through March 31, 2024. BROXEL reserves the right to extend or terminate earlier the Program without prior notice, in which case, the Program will end at the time that Broxel so indicates.
In order to participate in the Program, go to: link.broxel.com > Click "Refer and Win" > Choose if the Broxel Pay User is going to invite a Referral(s) to open an account “in Mexico” or the “United States”; and after, the Broxel Pay User enters the cell phone number linked to his/her Broxel Pay account, a unique link will be created that will include the referral code assigned to the corresponding Broxel Pay User. This unique link must be copied and shared by the Broxel Pay User (Broxel Pay USA User or Broxel Pay Mexico User) with the Referral(s).
Broxel Pay Users participating in the Program may also obtain the above mentioned unique link from the App, by going to > Profile > Refer and Win > Select the promotion > and then “Copy Link", which will create the unique link containing the referral code assigned to the Broxel Pay User.
2.2. Awards, rewards and deadlines.
Each Referral that meets all of the following conditions will receive the reward(s) listed under sections I(a), I(b); II(a) or II(b) below, as applicable. :
1. Successfully complete Broxel´s enrollment process,
2. Spend in one or more transactions, at least $200.00 (two hundred Mexican pesos) by using the Referral´s Broxel Pay Mexico Card or USD $100.00 (one hundred U.S. dollars, legal tender of the United States of America) by using their Broxel Pay USA Card, provided such amount is spent within the 45 (forty five) calendar days following the date on which the Referral successfully completed its enrollment process to its Broxel Pay card (either in the USA or in Mexico).
3. Purchases in the amounts described under paragraph 2 above should have been done through: POS; as online purchases or through Broxel Pay mobile App to pay for utilities (this last option only applies for Broxel Pay Mexico Users); to qualify for the Program. Purchases done through the use of Applications simulating such a Purchase will not be considered as a real Purchase, will not be considered for the Program and hence, no will not be benefited with any reward.
For each Referral, the Broxel Pay User and the Referral, will receive, respectively, in their Broxel Pay card/account, the following rewards, at the times indicated below and subject to the restrictions indicated under section III hereinbelow:
I.- If you are Broxel Pay USA User and
II.- If you are a Broxel Pay Mexico User and
III. Total amount in Rewards is limited as follows:
For purposes of this Program, Business days shall mean Monday through Friday from 9:00 a.m. to 6:00 p.m.Central Time and Holidays will be considered those applicable for Banking Institutions in the United States of America.
2.3. Eligibility conditions for the application of prizes and rewards.
2.3.1 To receive a reward, the Broxel Pay Mexico User and/or Broxel Pay USA User in addition to complying with these Terms and Conditions, must also have their respective Broxel Pay account/card active.
2.3.2 To receive their reward the Referral(s) must comply with the Program´s present Terms & Conditions.
2.3.3 The referring user and/or the Referral shall refrain from using fraudulent techniques when participating in the Program. The following actions will be considered fraudulent techniques:
(I) To disseminate, announce and/or leak out false information about the Program aimed at luring potential Referral(s);
(II) using as a “selfie” previously taken photographs as opposed to showing your face (a real time “selfie”) during the onboarding process;
(III) performing massive enrollment processes where all ID photographs, as well as, all “selfies” are taken on the identical place/spot/background;
2.3.4 BROXEL reserves the right to eliminate any participation in the Program, if Broxel considers that the Broxel Pay Mexico User and/or Broxel Pay USA User, or in as the case may be the Referral has made use of any of the above mentioned fraudulent techniques.
2.3.5 If you need assistance during your participation in the Program call the following numbers:
3. INTELLECTUAL PROPERTY. Intellectual property rights relating to the Program, Services and Contents and the distinctive signs and domains of the Portal, as well as the rights to use and exploit them, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of BROXEL. The User does not acquire any intellectual property rights by virtue of using the Portal’s Services and Contents and/or by participating in the Program, and at no time shall such use be deemed authorization or license to use the Services and Contents for purposes other than the ones set forth in these Terms and Conditions.
4. THIRD PARTY INTELLECTUAL PROPERTY. The user agrees that the provisions set forth in item 2 above regarding ownership of BROXEL's rights also apply to the rights of third parties regarding the Services and Contents of the pages linked to the Portal.
5. PERMITTED USES. The user is exclusively responsible for the use of the Portal’s Services and Contents, and must in all cases use them in accordance with the functions permitted in the Portal itself and the uses authorized in these Terms and Conditions. The user therefore undertakes to use them in such a way that does not breach the rules of use and coexistence on the Internet, and in compliance with the legislation in force in the country where the user is using them, good customs, the dignity of the person and third party rights The Portal is for the user's personal use and, therefore, the user may not market the services and Contents in any way.
6. PROHIBITIONS. The user may not create hyperlinks from and to the Portal, nor place or use the Services and Contents of the Portal in their own or third party sites or pages without obtaining prior written authorization from BROXEL. Similarly, the user may not limit or prevent any other user from using the Portal.
7. QUALITY OF SERVICES AND CONTENTS. Neither BROXEL nor its suppliers or commercial partners shall be liable for any damage or harm suffered by the user as a result of inaccuracies, typographical errors and changes or improvements made periodically to the Services and Content. The recommendations and advice provided through the Portal are of a general nature and should therefore not be taken into account when making personal decisions. For such purposes, a suitable professional should be consulted to advise the user on the basis of their specific needs.
8. LINKED THIRD PARTY GOODS AND SERVICES. Regarding Services and Contents provided by third parties within or through links in the Portal (such as links, banners and buttons), banners and buttons), BROXEL is limited exclusively, for the user's convenience, to: (i) informing the user about them, and (ii) providing a means to put the user in contact with suppliers or vendors. The products and/or services marketed within the Portal and/or on the linked third-party sites are provided by traders who are independent of BROXEL. BROXEL is not and cannot be considered a provider of the goods and/or services offered on those pages and/or sites. The inclusion of such pages and/or links does not imply the approval, support, sponsorship, recommendation or guarantee on the part of BROXEL of the services and goods marketed on those pages and/or sites, nor of the content of such pages. No employment-based relationship, association or partnership exists between BROXEL and these third parties Any consulting, advice, statement, information and content of the linked third party pages or within the Portal represents the views and opinions of said third parties. Consequently, BROXEL shall not be liable for any damage or harm suffered by the user as a result thereof, including but not limited to damage caused by the loss of data or programs.
9. CONFIDENTIALITY. BROXEL undertakes to safeguard the confidentiality of any information it receives from the user that is confidential by nature, pursuant to the applicable legal provisions. BROXEL does not accept any obligation to safeguard the confidentiality of any other information provided by users through newsletters, boards, or chats, as well as information obtained by BROXEL through cookies.
10. PRIVACY PROGRAM. The security of users’ personal information is a priority for BROXEL, so we take special care to protect the handling of information by establishing a number of controls and training employees in the proper handling of such information. Furthermore, when using other companies to provide services to us, BROXEL requires them to protect the confidentiality of any personal information they receive. Our Program is not directed at children under the age of 13. BROXEL does not knowingly collect or maintain information from persons under the age of 13. If we become aware that we have collected NonPublic Personal Information (“NPI”) from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have inadvertently collected information from a child under the age of 13.
11. COOKIES. The user, who has access to the Portal, agrees to accept the cookies sent by BROXEL servers. "Cookie(s)" refer to a data file that is stored on the hard drive of the user's computer when they access the Portal. Cookies may contain information such as the identification provided by the user or information to track pages the user has visited. A Cookie cannot read data or information from the user's hard drive or read Cookies created by other sites or pages.
12. PASSWORDS AND CONFIDENTIAL NUMBERS. At all times, the user is solely and ultimately responsible for maintaining the secrecy of their account numbers, personal passwords, access codes and confidential numbers through which they have access to the Portal's Services and Contents, as well as to the pages of third parties.
13. MODIFICATIONS. BROXEL shall have the right to modify the Terms and Conditions at any time.
14. APPLICABLE LAWS AND JURISDICTION. The Parties expressly submit to the laws applicable in New York, United States of America, which shall have sole jurisdiction to hear any dispute related thereto. All disputes, controversies or claims arising out of or in connection with this Program shall be finally resolved by arbitration under the Rules of the American Arbitration Association then in effect. The arbitral award shall be final and binding. Except to the extent of entry of judgment and any subsequent enforcement may require disclosure, all matters relating to the arbitration, including the award, shall be held in confidence.