Last updated: September 29, 2021
Welcome to BAYANI PAY, INC. (“Company”, “we”, “our”, “us”, “BayaniPay")! Thank you for clicking our Terms of Service.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of the BayaniPay website (“website”) or the BayaniPay web application (“Service”, “Platform”) located at bayanipay.com operated by BAYANI PAY, INC.
If you do not agree with (or cannot comply with) these Agreements, then you may not use the Service, but please let us know by reaching out to us via email at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use our Service.
BAYANI PAY, INC., is an authorized agent of BDO Remit (USA), Inc. (“BDO Remit”)
As an authorized agent of BDO Remit, BayaniPay is authorized to provide the following services (“Services”) to its customers and registered users (“Users”) of the website or Platform:
Eligibility of Users
Only registered users are allowed to transact with the Company. As part of the onboarding and registration process, you represent and warrant that:
If you wish to avail yourself of any product or service made available through the Platform, including the facilitation of payments (“Payment”), you may be asked to supply certain information relevant to your Payment including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payment; and that (ii) the information you supply to us is true, correct, complete, and valid.
We reserve the right to refuse or cancel your specific transaction at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your transaction if fraud or an unauthorized or illegal transaction is suspected.
For purposes of this Agreement, one “Business Day” means any day, other than a Saturday, Sunday, federal or state holiday in California, New Jersey, Hawaii, Alaska, and the U.S. Virgin Islands, on which banks’ offices are open for business.
All users who are eligible to register for our Service, as defined in the Eligibility of Users section above, may open a BayaniPay account to access our Platform.
You are responsible for maintaining the confidentiality of your BayaniPay account and password, including but not limited to the restriction of access to your computer, mobile devices, and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
As part of our KYC (Know-Your-Customer) policies, and to help the government fight the funding of terrorism and money laundering activities, Federal law requires the Company to obtain, verify, and record information that identifies each person to whom we provide certain types of services. What this means for you when you use our Service is that we will require you to provide your name, address, date of birth, phone number, email address and facial scan (selfie), that will allow us to verify your identity.
We may require you to provide documents, which may include: your passport, driver’s license, or other government-issued photo identification document. We may also contact you if we have additional questions.
Multiple registrations are prohibited. You may register for a BayaniPay account only once, and each user must maintain a separate registration. If we detect multiple active registrations for a single user, we reserve the right to merge or terminate the registrations and refuse you all continued use of the Service without notice to you.
All Users, including U.S. banks, bank holding companies, and non-bank subsidiaries, must comply with OFAC’s regulations. This means that we may institute a hold on your account or your funds if you are a Specially Designated National, or fall into the scope of a country-based sanction program.
Our Service currently accepts payments for your transfer via ACH Pull Direct Debit, which allows BayaniPay to pull out funds from Your Bank Account to complete the transaction. BayaniPay does not accept any other payment method such as cash or mailed check.
You can access the details of all your Transactions and other information relating to your use of the Service by logging into the Service Website (at www.bayanipay.com) and selecting an option from the navigation bar called “Activity”.
We reserve the right in our sole discretion to refuse any Transaction. Reasons for refusal may include but are not limited to an inability to match your registration information with your bank account details, incorrect Recipient details, or an insufficient deposit amount. We generally will attempt to notify you of any refusal, using the contact information provided as part of your registration, stating (where possible) the reasons for the refusal and whether the problem can be corrected. We will not notify you of a refusal where to do so would be unlawful.
You may cancel your Transaction for a full refund (a) within 30 minutes of authorizing your Transaction or (b) at any time thereafter if the Transaction Amount has not yet been converted in accordance with your order.
All Fees and Charges are properly identified and reflected before facilitating any Payment. Upon availment of the Service, you warrant that you are an authorized and lawful user of the Payment Instrument(s) and that you understand the fees and charges associated with the transaction.
The expected amount of money to be delivered abroad by your beneficiary may be less due to fees charged by the recipient’s bank and foreign taxes.
BayaniPay Prime is the premier digital remittance membership for global Filipinos, offering members zero transaction fees, market-leading exchange rates, express transfers, and other exclusive offers.
For a limited time only, users may sign up to join our Early Access Program and receive a free BayaniPay Prime Membership valid for one (1) year.
BAYANI PAY, INC. will provide prior notice through the app or email of any change in service fees one (1) day before effecting the change.
Your continued use of the service after fee change comes into effect constitutes your agreement to pay the modified service fee amount.
Exchange rates are always reflected before and during your transaction, we will convert the Transaction Amount at the Locked-In Exchange Rate during the time that you have completed your transaction. The exchange rates are updated daily at 2:00AM Los Angeles, CA, USA (PST) Timezone.
You are entitled to a refund of the money to be transmitted as the result of this agreement if BDO Remit (USA), Inc. does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.
If your instructions as to when the money shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted. you have a right to a refund of your money.
If you want a refund, you must mail or deliver your written request to BDO Remit (USA), Inc. at 350 Gellert Boulevard Daly City, CA 94015. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.
We use agents and service providers to help us deliver the Service to you. For example, BayaniPay manages the Service on our behalf as our service provider. Among other functions, BayaniPay provides customer service and other functions and arranges delivery of funds to recipients abroad. BayaniPay is an authorized agent of BDO Remit (USA), Inc. and is a payment facilitator for the latter, which, in turn, has money transmitter licenses in the following states: California, Hawaii, New Jersey, US Virgin Islands, and Alaska.
Regardless, all services provided by BayaniPay or other agents or service providers are performed at our direction and subject to our supervision and control.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
BayaniPay - General Inquiry
By Email: email@example.com
By Chat : Live chat feature available on your dashboard
By Phone: Tel #: +1-888-599-7280
By Mail: 1240 Rosecrans Ave, Ste 120, Manhattan Beach, CA 90266
BDO Remit (USA), Inc - Disputes, Cancellation, Error Resolution
You have a right to dispute errors in your transaction. If you think there is an error, contact BDO Remit (USA), Inc within 180 days at (800) 472-3252. You can also contact us for a written explanation of your rights. You can cancel for a full refund within 30 minutes of payment.
State Regulator and Consumer Financial Protection Bureau - Questions and Complains
For questions, complaints, or need additional information you may also contact your State money transmitting licensing authority (if any, the specific contact information will be displayed in your Transaction receipt) or the Consumer Financial Protection Bureau at 855-411-2372, 855-729-2372 (TTY/TDD) or www.consumerfinance.gov
Content found on or through this Service is the property of BAYANI PAY, INC. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link in these communications or by sending us an email at firstname.lastname@example.org.
The Service is an electronic commerce relationship. In order for the Service to be provided to you, we must have your consent to provide access to required disclosures in electronic format. If you do not consent to electronic disclosure of these documents, then you may not use the Service. Your consent applies to all of the documents we provide to you electronically in connection with the Service, including receipts and notices.
Access to electronic disclosures will be provided by way of the Internet. Your history of use of the Service is available for viewing online from your account on the Service Website. In order to view these disclosures, you will need a hardware device that can access the Internet via modem or other form of connection. Your hardware device must run on an appropriate operating system. You must be able to access the Internet to access our website. Additionally, Internet browser software is required to access the disclosures from a personal computer.
If you require a printed copy of your full printed copy of your transaction history, you can request this by emailing us through our Help Center.
We recommend you download or print a copy of this Agreement for your records.
If you consent to electronic access to documents, we are not required to provide you with paper copies. You may obtain these documents in paper form without charge by printing them yourself. If you decide to withdraw your consent for electronic disclosures, you must notify BAYANI PAY, INC. through our Help Center or via telephone at 1-888-599-7280. Such notice will constitute notice of termination of your registration with us and preclude future use of the Service.
You may use our Service only for lawful purposes and in accordance with Terms. You agree not to use our Service:
Additionally, you agree to NOT use the Service for the following purposes:
You also understand the following restriction on the use of our Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics platform from Google LLC that tracks visits, bounce rates, and other metrics to measure website traffic. Data collected by Google through Google Analytics is used to monitor the Platform and is shared with other Google services for its own purposes, such as to provide personalized ads. To find out more, please read Google’s Privacy Terms as well as Google Analytics’ data practices.
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of BAYANI PAY, INC. and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BAYANI PAY, INC.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at firstname.lastname@example.org.
You may provide us directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other rights, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.
Our Service may contain links to third-party websites or services that are not owned or controlled by BAYANI PAY, INC.
BAYANI PAY, INC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT BAYANI PAY, INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN PROVIDING THE SERVICE TO YOU, NEITHER WE NOR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKES ANY EXPRESS WARRANTIES OR REPRESENTATIONS TO YOU WITH RESPECT TO THE SERVICE EXCEPT AS SET OUT IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY GOODS OR SERVICES BOUGHT OR SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE SERVICE.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may discontinue using the service or send us an email at firstname.lastname@example.org using your registered email address.
Upon termination of your account, you may lose all access to the service. All your data will also be deleted permanently within 2-3 business days after the confirmation of your request.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the States of Delaware, California, New Jersey, Hawaii, Alaska, and the U.S. Virgin Islands, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding our Service.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
You may not transfer or assign this Agreement to any other person without our prior written consent. We may assign our obligations to you under this Agreement without your consent or any prior notice.
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