BigShyft system is operated by BigShyft Technologies Inc., Philippines registered entity (Company Reg No. 2023060105227-04). It is a Financial Technology company having its headquarters at 1158, Chino Roces Ave, Brgy San Antonio, Makati 1203 Philippines. BigShyft offers an online platform that allows you to pay rent, salaries, and invoices using your credit card. BigShyft enables the settlement of payments for the underserved Payee and Payment Recipients who do not have credit card receiving facilities.
These terms and conditions lay down the policies and procedures which govern us and the services we provide via our platform.
These Terms and Conditions (“Agreement”) apply to your use of https://www.bigshyft.tech (referred here as “BigShyft”, “website” “us” “we”, “our company” or “platform”) and the Services and products provided by us. This is a legal and enforceable contract between you and BigShyft.
THIS IS AN IMPORTANT DOCUMENT, AND WE URGE YOU TO READ THIS AGREEMENT CAREFULLY WHEN CHOOSING WHETHER TO USE BIGSHYFT SERVICES. PLEASE READ THIS AGREEMENT PRIOR TO USING OUR WEBSITE. BY BROWSING, REGISTERING FOR BIGSHYFT ACCOUNT, ACCESSING OR USING ANY BIGSHYFT SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY ADDITIONAL GUIDELINES REFERENCED IN THIS AGREEMENT (INCLUDING OUR PRIVACY POLICY https://bigshyft.tech/privacy-policy/ WHICH GOVERNS OUR COLLECTION AND USE OF PERSONAL DATA). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORISED TO USE OUR SERVICES AND YOU MUST CLOSE YOUR ACCOUNT AND FOLLOW THE APPROPRIATE INSTRUCTIONS IN THIS AGREEMENT.
When used in this Agreement, each of the following words and phrases shall have the meanings set out below:
BigShyft provides Services that enable Users to pay rent, salaries, and invoices to a relevant Beneficiary which may be a landlord, employee and/or supplier via credit card(s). BigShyft charges users a Transaction Fee for use of the Services. Users may be located anywhere in the world. All they need is an account on the website to pay to their beneficiaries. Our Company is merely providing a service to facilitate the above mentioned transactions between yourself and your Beneficiary and we are not and do not hold ourselves out as a bank, remittance agent or payment systems or payment gateways and we do not offer banking, money remittance or payment system services as defined by the applicable laws or the law of Phillipines. Our Company is merely providing a platform and we act as per your instructions in providing all the Services.
You represent and warrant to BigShyft that if you are an organisation, you are duly organised and validly existing (or, if an individual, are of legal age and under no legal disability or incapacity) and have full power and authority to enter into, and take all necessary steps to enable you to lawfully enter into, these Terms & Conditions and the transactions contemplated herein, and perform obligations as mentioned herein.
You represent and warrant to BigShyft that:
BigShyft currently based in Philippines and BigShyft users can make payments to their Beneficiaries having a bank account in Philippines only. The transfers to Philippines bank account shall be done in Philippines Pesos. Please note that our Company is not involved in cross border payments.
BigShyft is an independent party providing services to you and is in no way related to your Beneficiaries, except where otherwise indicated. Accordingly, BigShyft has no responsibility and will not be liable for any consequences/disputes resulting from your communication or contracts with your Beneficiaries, including but not limited to payment terms, the proper and timely delivery of goods or services. BigShyft may use third-party service providers which may include other SAAS companies, software providers, and technical partners who are not liable to you in any manner with regard to the Services we provide you through our website.
In order to use our Services, you are required to create BigShyft account and provide us the following information:
You agree to provide at all times complete, accurate, and up-to-date information with regard to the above. BigShyft reserves the right to impose restrictions on access and usage of the Services and the volume, frequency, and delivery timeline of Payments submitted.
All personal and business-related data and documents that you provide us while accessing or using our Services is governed by our Privacy Policy found here. To be compliant with the anti-money laundering and CFT rules/guidelines BigShyft may obtain and conduct due diligence/KYC checks on yourself and your beneficiaries. You authorize BigShyft, directly or through third parties, to make any inquiries we consider necessary to verify your identity, your beneficiaries identity and the respective documents. This may include asking you for further information and verifying your information against third-party KYC databases or through public and private sources. If BigShyft cannot establish you or your beneficiary’s identity, BigShyft has the right to deny you use of the Services.
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies
You agree not to engage or use the Services:
BigShyft may reject any payment that is believed to be unauthorized or made by someone other than the account holder, may violate any law, rule or regulation, or if BigShyft has reasonable cause not to honour it.
If any single transaction is investigated and is determined to be fraudulent, BigShyft may terminate the relevant user’s account and such default and fraudulent transaction may be reported to legal authorities.
BigShyft may request more information relating to your use of the Services to seek to identify any non-acceptable use listed above. You agree to cooperate in any investigation and to provide confirmation of your identity and any information you provide to us, as we may require.
If we have reason to believe that you have engaged in any non-acceptable use, BigShyft may in its sole discretion and at any time, take any or all of the following actions:
BigShyft will provide you with notice of any of the above actions. If applicable, BigShyft may request more information regarding your use of the Services to better determine whether any non-acceptable usage has occurred.
You may request for closing of your BigShyft account by e-mailing us at any time at custsvc@bighshyft.tech.
You will remain liable for all obligations related to your account even after your Account is closed, including any fees or charges already due to BigShyft. You may not close your account to evade an investigation. BigShyft also reserves the right to close your account at any time with or without notice to you.
Any Payments processed prior to account closure will be completed, all Scheduled Payments whose Card Charging Date has not yet passed at the time of account closure will be considered cancelled.
BigShyft may retain data associated to your usage of the Services in accordance with applicable regulatory and compliance obligations.
Payments can be created for immediate or future processing using the Services. Payment creation requires you to specify the following:
Recurring Scheduled Payments Reminder is a facility that BigShyft will send an email reminder for any Payment has been set to the users.
Payments submitted for immediate processing will require successful debiting of the Card at time of payment creation. If a Card is not charged, BigShyft will be not be able to transfer the funds to your Beneficiary. You agree not to hold BigShyft responsible for any delay as a result of failure in charging of card on a Card Charging Date. After each Payment is processed you are provided with a unique receipt number in relation to your Payment.
Once your card is charged it will take 4 (T+3) business days from the Card Charging Date for the funds to reach your Beneficiary. However, the funds transferred to your Beneficiary may fail because of a number of reasons including but not limited to invalid beneficiary account number, incorrect bank name, incorrect swift code, improper documentation etc. . You agree not to hold BigShyft responsible for any delay beyond 4 days in transferring the funds to your Beneficiary. BigShyft has the absolute discretion to refuse/stop the transfer of any Payment for reason/reasons that may or may not be notified to a user.
When making a Payment using the Services, our company will charge you a non-refundable Transaction Fee. The Transaction fee is charged on a per transaction basis. This Transaction Fee is payable in addition to the Payment Amount.
Transaction Fees for immediately processed Payments are charged in real-time upon submission. Transaction Fees for Recurring Payments are determined at time of submission and will be charged on the Payment’s Card Charging Date. If a Recurring Payment is edited prior to its Card Charging Date, the applicable Transaction Fee will be recalculated based on the presently defined rules which may result in a change in Transaction Fee.
Transaction Fees may change, depending upon factors including but not limited to the Card used, any applicable Promotions, and other variables both which may or may not be controlled by BigShyft. Fees are subject to change at any time without prior notice and are calculated in real-time and presented to you during review of your Payment, prior to submission. Any promotion will have a subset of terms and conditions and the user will be entitled to the promotion only if they adhere to all the terms and conditions attached to a promo code.
If your Payment is not processed or wrongly processed for any reason including but not limited to the following reasons:
BigShyft shall not be responsible for any delays in payments or incorrect transferring of the Payment Amount. BigShyft may choose to assist the user out of goodwill in contacting the party that received the payment to request a refund to be issued to the user. However, BigShyft shall not be liable to reimburse any Payment Amount or to reverse any transaction that has been made as a result of the user’s error or negligence.
Upon completion of Payment, the user accepts and agrees that no refunds, cancellations or charge backs are permitted through the BigShyft site. Additionally, the user accepts and agrees not to request a refund, cancellation or charge back of Transaction Fees from his/her Card issuing bank, bank or any other person or BigShyft.
In the case that Payment should be refunded, cancelled or charged back by the user’s Card issuing bank or any other person, the user is not entitled to the return/refund of any associated BigShyft Transaction Fees, irrespective of the reason for such refund, cancellation or charge back. The user is also responsible for the payment of any associated payment dispute and refund fees.
Notwithstanding anything contained in these Terms and Conditions some Card Payments may take up at least 5 Business Days or such number of Business Days . Furthermore, completion of a Card payment is contingent on both the authorization of the Card Payment and acceptance of the Card. In the event that a Card payment is unable to be completed, we will attempt to notify you at least once using the contact information in your User Account. In the case of such delay or non-completion, your liability to the intended recipient of the Card Payment may be subject to penalties, late fees, and interest charges assessed by such recipient, all of which remain your responsibility (and not us). If a Payment is not completed, you are not entitled to a return of any Transaction fees charged by us, irrespective of the reason for non-completion.
We may, at our sole discretion, impose limits on the Payment Amount you can send through our Services. There will be a minimum payment and and maximum payment limit per transaction.
BigShyft platform supports Cards issued by Visa and MasterCard.
It is your responsibility to determine what, if any, taxes apply to the Payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Our company is not responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction.
You acknowledge that there may be interruptions in Services or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Our company retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
Your access to the Service is subject to a licence from us to use the same and nothing herein shall be construed as a sale of any part the Site or the rights or title to you. The content and information on the Site and the Service, as well as the infrastructure used to provide both, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of our company and its licensors and other partners where relevant. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a licence in or under any such intellectual property rights and you shall not modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or resell any information, software, products or services obtained from or through the Site.
YOU AGREE THAT OUR COMPANY IS MERELY PROVIDING A PLATFORM AND THEREFORE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR:
GENERAL LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE OUR COMPANY, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO:
10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Site may contain links to third party websites that are not owned, operated, or controlled by us. We cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own or operate them. We cannot and will not censor or edit the content of any third-party site. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website.
Our company reserves the right to terminate its agreement with you or any other User who infringes third party copyright. If you believe that your materials has been copied, reproduced or otherwise dealt with by another party in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide us with the following information:
If you believe any of your materials that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to us:
If a counter-notice is received by the Copyright Agent, we may send a copy of the Counter-notice to the original complainant informing that we will replace the removed content or cease disabling it within 10 business days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, within 10 to 14 business days or more after receipt of the counter-notice.
In accordance with copyrights and other applicable law, our company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Without prejudice to the foregoing, you expressly agree that use of this Site and the application is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither our company, its subsidiaries, affiliates or any of their respective staff members, agents, licensors, or any of their officers, directors, staff members or agents, warrant that use of the Site and the Application will be uninterrupted or error free; nor do they make any warranty as to
The Site and Application are made accessible on an “as is” and “as available” basis. We hereby disclaim any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose.
The Site and the Application is controlled and offered by us from our offices in Philippines. We make no representations that the Site and the Application are appropriate or available for use in other locations. Those who access or use the Site and the application from other jurisdictions will have to satisfy themselves and ensure that they comply with local law or regulations.
By posting or placing any information or other material such as but not limited to any pictures, photographs or videos in the Site (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to us a perpetual, royalty free, non-exclusive, irrevocable, unrestricted, worldwide licence to use, copy, sublicence, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Site alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sub licences.
You agree to defend, indemnify and hold harmless our company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:
We may terminate or update these Terms of Use at any time, or suspend access to the Site immediately, without prior notice or liability, if you breach any terms of this Agreement in particular the terms at clause 2 herein or for any other reason. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any of your passwords or accounts in the event our company considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
No waiver by either you or our company of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court or arbitrator of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
The provisions of these Terms of Use apply equally to and are for the benefit of our company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
This agreement constitutes the entire agreement between you and BigShyft and supersedes and extinguishes all previous drafts, agreements, arrangements, and understandings between you and BigShyft, whether written or oral, relating to our Services.”. Further the following documents are incorporated into these terms and conditions-:
In the event of any inconsistency between these Terms & Conditions and the above mentioned documents, these Terms & Conditions shall prevail.
The failure of either party to exercise in any respect any right provided in this Agreement will not be deemed a waiver of such rights.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement, and any rights and licences granted hereunder, are not assignable, transferable or sub-licensable by you except with our company’s prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment is violation hereof and shall be null and void.
Both parties agree that these Terms & Conditions and any other legal notices published by us on the Site or the Application, are the complete and exclusive statements of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by us, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
The Terms & Conditions or any legal relationship between you and us shall be governed by the laws of Philippines without regard to its conflict of law provisions. Both you and we agree to submit to the non-exclusive jurisdiction of the courts of Philippines. The United Nations Convention on International Sales of Goods shall not apply here.
Any cause of action or claim you may have with respect to our company must be commenced within one (1) year after the claim or cause of action arises. If any action in law or in equity is necessary to enforce the terms of this Agreement, and/or our Privacy Policy herein, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
1158, Chino Roces Ave,
Brgy San Antonio,
Makati 1203 Philippines
© 2024 BigShyft Technologies Inc. All Right Reserved.
1158, Chino Roces Ave,
Brgy San Antonio,
Makati 1203 Philippines
© 2024 BigShyft Technologies Inc. All Right Reserved.