Introduction

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. 

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our website. Please click on the link above to read that document. 

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them. 

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 support@bayanipay.com 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.

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Services Offered

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:

1. Facilitation of payments from individuals (“Users”) in the United States to individuals (“Beneficiaries”), and/or company merchants (“Merchants”) in the Philippines.
2. Perform screening using the following lists: a. PEP - Politically Exposed Person; b. OFAC - Office of Foreign Assets Control Sanction List.
3. Provide technology to enable report generation, notification sending (SMS and Email), and web/mobile transactions.
4. Provide technology and services for marketing and remarketing.

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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:

1. You are an individual of legal age (at least 18 years old).
2. You are a resident of California, Hawaii, New Jersey, or Alaska with a valid Driver's License or State ID (as proof of residency) and US passport or Permanent Residence ID(Green Card).  You have full authority to enter into this Agreement.
3. You own a bank account in the United States  that will be the source of funds for transfers using the Service.
4. You will not be violating any laws or regulations by registering with us, entering into or performing any part of this Agreement, or by otherwise using the Service.
5. You are not an agent or a representative acting for an undisclosed principal or their party beneficiary.
6. All information provided by you as part of your registration and use of the Service is accurate and complete, and you undertake to promptly notify us of any changes to such information either through profile update feature, call, or email.
7. All information provided by you as part of your registration and use of the Service is accurate and complete, and you undertake to promptly notify us of any changes to such information.

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Availment of Service

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 may employ the use of third-party services for the purpose of facilitating payment and the completion of the Service. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

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. 

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Business Day

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.

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Accounts

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.

Verification of Identity

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, social security number, address, date of birth, phone number, email address and facial scan (selfie). In order for 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 with regard to the information you provide to us.

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Multiple Registrations

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 all your future use of the Service without further notice.

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Compliance with Office of Foreign Assets Control (“OFAC”)

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.

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Payment Methods

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.

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Payment by ACH Pull Direct Debit

1. If you consent to pay for your transfer using our ACH Pull direct debit feature, you will need to log in to your online bank account  (each such bank account is deemed “Your Bank Account”).
2. When you choose to pay for your transfer using our ACH Pull direct debit feature and provide Your Bank Account details, you represent that Your Bank Account payment details are correct, that you are authorized to access and transmit funds from Your Bank Account, that Your Bank Account is in good standing with the account-holding financial institution, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from Your Bank Account.
3. When you choose to pay for your transfer using our ACH Pull direct debit feature and by providing Your Bank Account details and requesting a Transaction, you authorize us to initiate electronic credits and debits to Your Bank Account through the automated clearing house (ACH) network in order to process the requested Transaction, including any applicable fees and charges.
4. For each transaction authorized by you for us to pull funds from or push funds to your bank account, you authorize us to re-process your request up to three times in the event that your account has insufficient funds to complete the transaction or your bank fails to process our request properly unless you submit a cancellation request to cancel this authorized transaction within 30 minutes after you submit the remittance request. If after three failed attempts to process your authorized transaction, we will reject this transaction request and will not take any action to further process this authorization request.
5. Your ACH Pull transaction will be processed by Dwolla, a third-party service provider. In order to use the payment functionality of our application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information including full name, email address, and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at www.bayanipay.com or support@bayanipay.com.

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Transaction History

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”.

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Refused Transactions

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.

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Cancellation of Transactions

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.

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Fees and Charges

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 to your beneficiary may be less due to fees charged by the recipient’s bank and foreign taxes.

Promotional Terms and Conditions

1. Instructions on how to participate in and claim any giveaway, sweepstakes, gift-with-purchase or other promotional offer or event made by BayaniPay and related to Seafood City, as well as the Offer itself, form part of these promotional terms and conditions ("Promotional Terms"). Participation in any Promotion is deemed an acceptance of these Promotional Terms in addition to BayaniPay's Terms and Conditions by the individual or entity (each a "Participant") submitting a claim or request for the discount, goods or other incentive offered under the Promotion (each a "Claim").  All Claims must comply with these Promotional Terms to be valid.
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2. Each Promotion varies and may be only available at participating stores and/or specify locations.
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3. Each Promotion starts and ends on the dates and at the time(s) stated in the respective promotional offer ("Promotional Period"). Claims received after the Promotional Period will not be accepted.
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4. Each eligible registered user as defined by BayaniPay’s Terms and Conditions is limited to receive one time only promotional offer upon initial sign up and making a successful transfer in the amount specified in the promotional offer while the Promotion is still available. Each eligible user may not receive a second one-time only promotional offer by deleting an existing account and re-registering as a new user nor by registering a separate account to receive the same offer.
   
   For a non one-time only Promotion, each eligible user may participate during the promotional period at the participating store or location. Participation is limited to one time per eligible user per Promotion while the promotional reward lasts. Promotional reward can be in the form of store credit and/or merchandise and they are not transferable and not redeemable for cash. Promotions cannot be applied to past transactions if reward is provided in the form of store credit.
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5. The terms of any Promotion, including but not limited to the Promotional Period, may change, be modified or canceled at any time, with or without notice, by Bayani Pay, Inc in its sole discretion.
   

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Submission, Eligibility and Validation of Claims

1. To be eligible to submit a Claim under any Promotion, a Participant must be at least 18 years of age and a current legal U.S. resident and a registered eligible user defined by BayaniPay’s Terms and Conditions.  
2. Promotions are voided outside of the geographical territory identified and where prohibited, taxed or restricted by law.  All Claims originating from outside of the Territory are voided. All applicable national, state and local laws and regulations apply.
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3. Promotional Terms are valid on and apply only to entries submitted at the relevant site(s) identified in the Offer. Participants must successfully provide all required forms and complete information in compliance with Bayani Pay's instructions which may include providing information such as Participant’s full name, contact telephone number, email address and residential address.
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4. All Claims must be submitted within the Promotional Period. Early, late, incomplete or illegible Claims will be deemed invalid and Bayani Pay, Inc. and its associated agencies and/or personnel accept no responsibility for lost, late, incomplete, incorrect or misdirected Claims, whether due to system errors, omissions, interruption, deletions, defects, faulty transmissions or other telecommunications malfunctions and/or human error.
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5. Bayani Pay Inc may, in its sole discretion, refuse any claim submitted by a Participant. Without limiting the generality of the foregoing, Bayani Pay, Inc. reserves the right to invalidate, disqualify or cancel any Claim that is not in accordance with these Promotional Terms or if it believes that a Claim is based on an unauthorized or improper submission or other violation of these Promotional Terms. Bayani Pay, Inc. also reserves the right to modify or cancel any Promotion due to system error or unforeseen problems. Ongoing Promotions are subject to change without notice.  All decisions of BayaniPay are final in all respects and not subject to appeal of any kind under any circumstances. Failure by BayaniPay to enforce any provision(s) of these Promotional Terms shall not constitute a waiver of those or any other provisions herein.
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6. If a promotional code is provided as part of the Promotion, it must be properly entered at the time of the online transaction in order to receive the relevant discount or benefit. If the promotional code is for a special price, such special price is only valid during the specified promotional period. Promotional codes cannot be combined with other offers and can only be redeemed once per customer unless otherwise stated.
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7. If the Promotion includes the delivery to the Participant of a product, "gift" or item of any kind and such item(s) become unavailable, in whole or in part, BayaniPay may elect, in its sole discretion, to substitute item(s) of comparable value and quality. Regardless of Bayani Pay's election in this regard, under no circumstances shall Participants be entitled to the receipt of substituted items or to any other compensation relative to the Promotion. 
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8. In many instances, Claims will be processed and/or delivered by third parties selected by Bayani Pay, Inc. In such cases, Bayani Pay, Inc. is not responsible for any delivery or processing delays caused by the third parties. 
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9. Unless otherwise provided within the specific Promotion, Participants must not be an employee of Bayani Pay, Inc. or of any agency associated with the Promotion or be an immediate family member (spouse, parent, child, sibling or spouse of a sibling) of such a person and/or those living in the same household of each such person.

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Buena Mano Rate Promotion

The Buena Mano Rate Promotion (“Promotion”) begins on May 4, 2023 at 2:00 AM Pacific Standard Time and will continue to run until determined by BayaniPay. BayaniPay reserves the right to suspend, modify, or terminate the Promotion at any time, with or without prior notice. 

To be eligible for the Promotion, you must sign up for BayaniPay and successfully complete your first transfer to the Philippines. 

The Promotion will entitle eligible customers to make one (1) qualifying transfer of up to $500 to the Philippines at the Buena Mano Rate of 60 Philippine Pesos to $1 US Dollar (“Promotional Rate”). The regular exchange rate at the time of the transaction will apply to the remainder of your transfer exceeding $500. Succeeding transfers will be subject to regular rates. All exchange rates are subject to change at BayaniPay’s discretion. 

The Promotion is available for first-time customers or existing customers identified by BayaniPay to be eligible. The Promotion is limited to one (1) per person and is not valid with other BayaniPay offers. The value of the Promotion is not redeemable for cash or credit. 

BayaniPay reserves the right to limit the number of individuals per household eligible for this Promotion. Any attempt by a customer to abuse this Promotion by using multiple/different identities, registrations, logins, and/or any other methods, will void and disqualify the customer from receiving the Promotion at BayaniPay’s sole discretion. 

Any cancellations or insufficient funding of the transfer will deem you ineligible for this Promotion. BayaniPay reserves the right to void any Promotion redemption that appears to be fraudulent or is not compliant with BayaniPay’s Terms and Conditions. 

All information collected from you as part of the Promotion shall be subject to BayaniPay’s Privacy Policy. 

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Privacy 

All claims submitted for Promotions remain the property of Bayani Pay, Inc. Bayani Pay, Inc. and its agents collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers and, as required, to governmental regulatory authorities. Eligibility for Promotions is conditional on providing this personal information. Bayani Pay Inc and its agents may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning a Participant. Participants acknowledge that the information they provide will be collected by or on behalf of Bayani Pay, Inc. and may be disclosed to other group companies and to third parties that help Bayani Pay, Inc deliver its products and services (including suppliers, contractors, dealers, agents and business partners) or as required by law. These Promotional Terms are deemed to incorporate Bayani Pay, Inc's Privacy Policy and by claiming under a Promotion, each Participant accepts the terms and conditions of our Privacy Policy. Participants should direct any request to access, update or correct information to Bayani Pay, Inc’s support team as identified in the Privacy Policy.

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General

Any costs associated with making a claim under any Promotion are the Participant's responsibility. Any and all taxes which may be payable as a consequence of participating in a Promotion or receiving a promotional offering are the sole responsibility of the Participants.

Bayani Pay, Inc. makes no guarantee of the availability of its web services and will not be held responsible for any interruption of service that may interfere with a Participant’s ability to participate in a Promotion. 

Subject to the Terms and Conditions, as well as these Promotional Terms, and to the maximum extent permitted by law, Bayani Pay, Inc. excludes all liability (including negligence) for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of any Promotion, including, but not limited to, where arising out of (i) any technical difficulties or equipment malfunction (whether or not under Bayani Pay, Inc's control); (ii) acts or omissions (including negligence) of any third parties or agents or representatives involved in the conduct of the Promotion; or (iii) any theft, unauthorized access or third party interference. By participating in a Promotion, Participants, to the fullest extent permitted by law, release, discharge, indemnify and hold harmless Bayani Pay,Inc. and its third parties or agents or representatives involved in the conduct of such Promotion, as well as each of their respective employees and agents, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of such Promotion(s).

Nothing in these Promotional Terms is intended to exclude, restrict or modify any consumer rights which, under applicable legislation may not be excluded, restricted or modified by agreement. If such legislation implies a condition, warranty or term into these Promotional Terms or provides statutory guarantees in connection with these Promotional Terms, in respect of goods and services supplied (if any), Bayani Pay, Inc's liability for breach of such a condition, warranty, other term or guarantee is limited to, at Bayani Pay, Inc's election, to the extent it is able to do so: (i) replacing the goods or supplying equivalent goods (ii) paying the cost of replacing the goods or of acquiring equivalent goods; (iii) supplying the services again; and/or (iv) paying the cost of having the services supplied again.

By participating in any Promotion, Participants confirm that they consent to receive email messages from Bayani Pay, Inc. regarding product updates or tips, Bayani Pay Inc news and/or events and promotions to the email account(s) provided in Participant's Claim. 

 If Participants have any questions with regard to Promotion offer, Promotional Terms and/or Privacy Policy stated in above Terms and Conditions, the customer support team can be reached at 1-888-599-7220 or via email at support@bayanipay.com.

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Fee Changes

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.

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Exchange Rates

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) time zone.

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Right to Refund

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.

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For California Residents

 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.

Service Providers

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.

Error Resolution and Cancellation

If customers have any concern or dispute about the Service, customers agree to resolve the dispute first by contacting the Company. If issues cannot be resolved by the Company’s support team in any effort, customers agree to go through arbitration or mediation to have the issue settled. Customers are solely responsible for any fees associated with filing the claim with an arbitrator or mediator if customers decide to take legal action to resolve the matter outside the Company.

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BayaniPay - General Inquiry

By Email: support@bayanipay.com  

By Chat: Live chat feature available on your dashboard

By Phone: Tel #: +1-888-599-7280

By Mail: 222 N Pacific Coast Hwy, 10th. Floor, El Segundo, CA 90245

BayaniPay - General Inquiry

By Email: support@bayanipay.com  

By Chat: Live chat feature available on your dashboard

By Phone: Tel #: +1-888-599-7280

By Mail: 222 NPacific Coast Hwy, 10th. Floor, El Segundo, CA 90245

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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 Complaints

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.

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Contests and Promotions

Any contests or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules that will be published in our website and our social media channels, as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

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Content

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.

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Communications

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 support@bayanipay.com.

Consent for Electronic Disclosures

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.

Prohibited Uses and Restrictions

You may use our Service only for lawful purposes and in accordance with Terms. You agree not to use our Service:

1. In any way that violates any applicable national or international law or regulation
2. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity
3. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity
4. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Service, or which, as determined by us, may harm or offend Company or users of the Service or expose them to liability
5. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise

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Additionally, you agree to NOT use the Service for the following purposes:

1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service
2. Use the Service to transact with people you don’t know. We are not responsible for the quality of goods or services that you pay for using our Service. You accept that using the Service to transact to third-party for commercial and non-commercial use is at your own risk
3. Use the Service to violate this Agreement or applicable laws, rules, or regulations 
4. Use the Service to send money to a recipient that violates this agreement, applicable laws, rules, or regulations
5. Use the Service for any of the following: sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, tobacco-related paraphernalia, firearms, prescription drugs, other controlled substances, and/or purchase of illegal drugs
6. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
7. Use any device, software, or routine that interferes with the proper working of the Service
8. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
9. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
10. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
11. Take any action that may damage or falsify the Company’s rating
12. Attempt to interfere with the proper working of the Service

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You also understand the following restriction on the use of our Service.

1. The maximum daily transaction amount Bayani Pay, Inc. can process per eligible user per day is less than $2,000 USD including fees and charges. This daily maximum limit can be in one single transaction or in the sum of multiple transactions. 
2. We may also impose a transfer limit on a per transaction or aggregate basis on individual accounts or linked accounts. We reserve the right at any time to modify or discontinue all or any part of the Service

No Advice, Endorsement or Special relationship

BayaniPay is not providing investment, tax or legal advice, acting as a fiduciary or endorsing any company, property, product, service, security, instrument, or any other matter by posting any participant-submitted information on the site or including in the Bayani Pay services. Neither BayaniPay nor any BayaniPay affiliate is responsible for any financial decision made by participants on the basis of using the BayaniPay services. Participants should always read the corresponding prospectus, check with their licensed financial advisor, and their tax advisor, to determine the suitability of any financial products. Please conduct your own due diligence. Finally, the passage of time can render all information stale, and neither BayaniPay nor any BayaniPay affiliate is responsible for any misconceptions that may result from the reading of dated information.

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Insufficient Fund Terms and Conditions

Bank account holders, hereafter referred to as "You", must have available funds in your accounts on the date your transfer request will be made and your accounts will be debited. If a Bank account has insufficient funds, the transaction may not be completed and will incur a $25 insufficient fee per transaction. Bayani Pay,Inc, hereafter referred to as "We", will not charge you insufficient fund fee if you submitted your transfer request after 1pm and there is enough available balance the next business day before 9AM PST. If a Bank account is linked with an overdraft plan, it is in our sole discretion to decide whether to complete the transaction or not. You will be responsible for the overdraft fee charged by your financial institution.

In the event that your bank account defaults due to insufficient funds or failure to meet payment obligations, you may be subject to additional fees, including but not limited to collection fees and legal fees, in accordance with applicable law. These fees will be incurred if Bayani Pay, Inc. must take actions to recover outstanding balances or if the account remains in default for an extended period. You agree to be fully responsible for these fees in the event of default.

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Processing and Receiving Time of the Funds

Processing time, ranging from 0 to 4 business days, for the funds to be transferred varies depending on when your bank makes your authorized funds available to Bayani Pay,Inc. Transaction will be processed as soon as the funds is cleared by your bank by the 1PM PST cutoff time on the same business day. Funds that clear after 1PM PST will be processed the next business day. Receiving time varies from 0 to 7 business days depending on when the transaction is processed and when the funds are made available by the Receiver’s financial institution. 

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

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.

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Cloudflare Analytics

Cloudflare Analytics is a web analytics service from Cloudflare Inc. that produces insights based on website metrics. Data collected by Cloudflare Analytics is used by our Service to optimize the website and provide a better user experience.  Cloudflare’s Privacy Policy describes how it handles users’ data and protects their privacy.

Mixpanel

Mixpanel is a web and mobile-based analytics service provided by Mixpanel Inc. Mixpanel collects and analyzes website traffic data to measure how the Service is used and how to improve the Platform’s user retention. You can find out more about which types of data Mixpanel collects in its Terms of Use. In addition, Mixpanel also has policies in place for users that enable “Do Not Track” settings, which you can read about on this page.

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Intellectual Property

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. 

Copyright Policy

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 support@bayanipay.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.

DMCA Notice and Procedure for Copyright Infringement Claims

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):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• Identification of the URL or other specific location on Service where the material that you claim is infringing is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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You can contact our Copyright Agent via email at support@bayanipay.com.

Error Reporting and Feedback

You may provide us directly at support@bayanipay.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. 

Links To Other Websites

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.

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Limitation of Liability

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 the 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.

Disclaimer of Liability

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.

Your Indemnification of Bayani Pay

You agree to indemnify, defend and hold Bayani Pay, Inc., it affiliates and its and their directors, officers, employees and agents harmless from and against any and all claims, actions, liabilities, losses, costs, damages or suits (including, but not limited to, attorneys’ fees) caused by or arising from your improper use of the BayaniPay services, information provided to us by you, your violation of the Terms of Use, or your or any user of your account’s infringement or misappropriation of any intellectual property or other rights of any person or entity.

BayaniPay Platform Risk Factors

Bayani Pay, Inc’s software products are not securities and are part of the BayaniPay platform. Bayani Pay, Inc. is not responsible for, nor does it pursue, the circulation and trading of BayaniPay software received by its users on any market.

Negative publicity involving BayaniPay, BayaniPay’s business platform, BayaniPay software or any of the key personnel of BayaniPay and/or regulation of banking, payments, debit cards, and lending may materially and adversely affect the perception or viability of the BayaniPay platform, whether or not so justified. 

BayaniPay services rely on third party APIs and third party vendors that may be unavailable or down, causing the BayaniPay services to be unavailable or down, for extended periods of time. This risk to the end users of the BayaniPay services may include failed debit or credit card transactions, failed payments, failed trades, and other financial failures. BayaniPay will do its best to restore BayaniPay services as quickly as possible. 

API keys and other BayaniPay services are based on new and dynamic technologies. In addition to the risks included in the above discussion of risk factors, there are other unanticipated, unforeseeable risks associated with your use of the BayaniPay software. 

Termination

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 support@bayanipay.com 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.

Governing Law

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.

Changes To 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.

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Amendments To Terms

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.

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Waiver And Severability

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.

Acknowledgement

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.

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Assignment

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.

Contact Us

Please send your feedback, comments, requests for technical support:

By Email: support@bayanipay.com  

By Chat : Live chat feature available on your dashboard

By Phone: Tel #: +1-888-599-7280

By Mail: 222 N Pacific Coast Hwy, 10th. Floor, El Segundo, CA 90245