BayanihanPH – Terms and Conditions

1. Definition of Terms

• "Platform" or "Services" refers to BayanihanPH, including all web and mobile services, applications, and related technologies.
• "User" refers to any individual who creates an account, creates a campaign, or donates through the Platform.
• "Campaign Owner" or "Organizer" refers to the person who creates and manages a fundraising campaign.
• "Donor" refers to any person who donates funds through the Platform.
• "Beneficiary" refers to the individual or entity for whom funds are being raised.
• "Campaign" refers to a fundraising effort created on the Platform.
• "Donation" refers to a monetary contribution made to a Campaign through the Platform.
• "Referrer" refers to a verified User who has been assigned a referral code and may earn referral fees.
• "Referral Code" refers to a unique code assigned to a verified User that can be used when creating campaigns to earn referral fees.
• "Referral Fee" refers to the commission earned by a Referrer, calculated as 1% of the net amount (after administrative fee deduction) of donations made to campaigns created using their referral code.
• "We," "Us," "Our" refers to BayanihanPH and its operators.
• "You," "Your" refers to the User accessing or using the Platform.

2. Acceptance of Terms

By using BayanihanPH, you confirm that:

• You are at least 18 years old and have the legal capacity to enter into binding agreements.
• You are a resident of the Philippines or are authorized to use the Platform in your jurisdiction.
• You agree to comply with all applicable laws and regulations of the Republic of the Philippines.
• You will provide accurate, current, and complete information when using the Platform.
• You will maintain the security of your account credentials and are responsible for all activities under your account.

If you do not agree to these Terms, you may not use the Platform. Your continued use of the Platform constitutes your acceptance of these Terms and any modifications thereto.

3. User Responsibilities

As a User of BayanihanPH, you agree to:

• Provide accurate, truthful, and complete information in your account and campaigns.
• Maintain the confidentiality of your account password and notify us immediately of any unauthorized access.
• Use the Platform only for lawful purposes and in accordance with these Terms.
• Respect the rights of other Users and not engage in harassment, abuse, or discrimination.
• Not impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Not use the Platform to transmit any malicious code, viruses, or harmful software.
• Not interfere with or disrupt the Platform's servers, networks, or security measures.
• Comply with all applicable Philippine laws, including but not limited to the Data Privacy Act of 2012 (RA 10173), the E-Commerce Act of 2000 (RA 8792), and anti-money laundering regulations.

4. Prohibited Activities

You are strictly prohibited from:

• Creating campaigns for illegal activities, including but not limited to money laundering, fraud, or financing of terrorism.
• Creating campaigns that violate Philippine laws or regulations.
• Creating campaigns that promote hate speech, discrimination, or violence against individuals or groups.
• Creating campaigns with false, misleading, or fraudulent information.
• Using funds raised for purposes other than those stated in the campaign description.
• Creating duplicate campaigns for the same cause or beneficiary.
• Manipulating or artificially inflating donation amounts or donor counts.
• Using automated systems, bots, or scripts to interact with the Platform without authorization.
• Collecting or harvesting personal information of other Users without their consent.
• Engaging in any activity that could harm, disable, or impair the Platform's functionality.
• Creating campaigns for personal enrichment that are not clearly disclosed as such.
• Violating any intellectual property rights, including copyrights, trademarks, or patents.

Violation of these prohibitions may result in immediate suspension or termination of your account, removal of your campaigns, and potential legal action.

5. Fees and Payments

5.1 Administrative Fee

• All donations made through BayanihanPH are subject to an 8% administrative fee, which is automatically deducted from the total amount received by the campaign.
• This fee covers platform maintenance, payment processing, security measures, customer support, and operational costs necessary to provide the Services.
• The administrative fee includes payment processing fees, so there are no additional charges for donors beyond the 8% fee.
• Donors understand and agree to this deduction upon completing their donation. The fee structure is clearly disclosed before any donation is processed.

5.2 Payment Processing

• Payments are processed through third-party payment processors (e.g., GCash, Maya, credit/debit cards) in Philippine Pesos (PHP).
• Payment processing fees are included in the 8% administrative fee, so donors do not incur any additional charges.
• All transactions are subject to verification and may be delayed or declined at our discretion or that of payment processors for security or compliance reasons.

5.3 Refunds

• Donations are generally non-refundable. However, refunds may be considered in exceptional circumstances, such as proven fraud or campaign cancellation before funds are disbursed.
• Refund requests must be submitted in writing to contact@bayanihanph.org within 30 days of the donation date.
• Refunds, if approved, will be processed to the original payment method and may take 7-14 business days.
• Administrative fees are non-refundable, except in cases of proven fraud or platform error.

5.4 Referral Fees

• BayanihanPH offers a referral program that allows verified users to earn referral fees when campaigns are created using their unique referral code.
• Referral Fee Calculation: Referral fees are calculated as 1% of the net amount (the amount remaining after the 8% administrative fee is deducted) for each donation made to campaigns that were created using your referral code.
• Eligibility: To participate in the referral program, you must:
  • Have a verified account on BayanihanPH
  • Request and receive approval for a referral code through the Platform
  • Comply with all Platform policies and these Terms
• Referral Code Usage: Referral fees are earned only when a campaign organizer uses your referral code during campaign creation. The referral code must be entered at the time of campaign creation and cannot be added retroactively.
• Referral Fee Payment: Referral fees are tracked separately and are not deducted from the campaign's net amount. Referral fees accrue as donations are completed and can be withdrawn once earned.
• Withdrawal of Referral Fees:
  • Referral fees can be withdrawn to verified bank accounts registered with the Platform
  • The minimum withdrawal amount is ₱100.00 and the maximum withdrawal amount per request is ₱50,000.00
  • Available Balance: Your available referral fee balance reflects only fees earned from donations that have been completed and processed. Recent donations may take some time to reflect in your available balance and become eligible for withdrawal. This processing period allows for payment verification, fraud prevention, and compliance checks.
  • Withdrawal requests are subject to review and verification
  • Processing times may take up to 7 banking days from the date of approval
  • Withdrawals are processed during banking days only (Monday through Friday, excluding Philippine holidays)
• Referral Code Restrictions:
  • You may not use your own referral code when creating your own campaigns
  • Referral codes cannot be transferred, sold, or assigned to another user
  • BayanihanPH reserves the right to revoke referral codes or suspend referral fee earnings if you violate these Terms or engage in fraudulent activity
  • BayanihanPH may modify or discontinue the referral program at any time with reasonable notice
• Tax Obligations: Referral fees earned through the Platform may be subject to taxation under Philippine law. You are solely responsible for reporting and paying any applicable taxes on referral fees you receive. BayanihanPH may be required to report referral fee payments to relevant tax authorities as required by law.
• Disputes and Adjustments: BayanihanPH reserves the right to adjust, withhold, or reverse referral fees if we determine that a referral was obtained through fraudulent means, violation of these Terms, or any other reason we deem appropriate. We are not liable for referral fees that are not earned due to campaign cancellation, refunds, or other circumstances beyond our control.
• Termination of Referral Program: BayanihanPH may suspend or terminate your participation in the referral program, revoke your referral code, or withhold referral fees if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

6. Campaign Responsibility

• All campaign content, including descriptions, images, videos, financial goals, and beneficiary information, are the sole responsibility of the Campaign Owner.
• Campaign Owners must use the funds only for the purpose stated in their campaign and in accordance with the campaign description.
• Campaign Owners are responsible for ensuring that all information provided is accurate, truthful, and not misleading.
• Campaign Owners must obtain all necessary permissions and consents, including from beneficiaries, before creating a campaign.
• Campaign Owners are responsible for complying with all applicable laws, including tax obligations, reporting requirements, and regulations related to fundraising activities in the Philippines.
• BayanihanPH does not guarantee the fulfillment, success, or outcome of any campaign.
• Campaign Owners must provide updates to donors regarding the use of funds and campaign progress, as reasonably requested.
• Campaign Owners are responsible for any taxes, fees, or obligations arising from funds received through the Platform.

7. Donations

• Donations are voluntary contributions made by Donors to support Campaigns on the Platform.
• Donors understand that donations are made to support the stated purpose of the Campaign, but BayanihanPH does not guarantee that funds will be used as described.
• Donors are advised to exercise discretion and conduct their own due diligence before donating.
• Donations are generally non-refundable, except in exceptional circumstances as outlined in Section 5.3.
• Donors may choose to donate anonymously, but certain information may still be required for payment processing and compliance purposes.
• Donors acknowledge that they are making a donation and not purchasing goods or services.
• Donors are responsible for ensuring they have sufficient funds and authorization to make the donation.
• BayanihanPH reserves the right to refuse or refund any donation that violates these Terms or applicable laws.

8. Withdrawals

• Campaign Owners may request withdrawals of funds raised through their Campaigns, subject to verification and compliance checks.
• Withdrawal Limits: Withdrawals are subject to minimum and maximum amount limits. The minimum withdrawal amount is ₱1,000.00 and the maximum withdrawal amount per request is ₱50,000.00. These limits may be adjusted by BayanihanPH at any time, and any changes will be reflected in the Platform's withdrawal interface.
• Available Balance: Your available withdrawal balance reflects only donations that have been completed and processed. Recent donations may take some time to reflect in your available balance and become eligible for withdrawal. This processing period allows for payment verification, fraud prevention, and compliance checks. The available balance shown in your account may not include the most recent donations until they have been fully processed.
• Withdrawals are processed to bank accounts registered with the Platform and verified by the Campaign Owner.
• Campaign Owners must provide accurate bank account information and may be required to submit additional documentation for verification purposes.
• Withdrawal requests are subject to review and may be delayed or denied if there are concerns about fraud, misuse, or violation of these Terms.
• Processing Times: Withdrawals are processed during banking days only (Monday through Friday, excluding Philippine holidays). Processing times may take up to 7 banking days from the date of approval. Processing does not occur on weekends, Philippine national holidays, or bank holidays. The actual time for funds to appear in your account may vary depending on your bank's processing times and verification requirements.
• Campaign Owners are responsible for any fees charged by their bank or financial institution for receiving withdrawals.
• BayanihanPH reserves the right to hold funds if there are pending investigations, disputes, or legal proceedings related to a Campaign.

9. Platform Non-Liability

• BayanihanPH is a platform that facilitates connections between Campaign Owners and Donors. We are not a party to any transaction between Users.
• BayanihanPH is not liable for the accuracy, truthfulness, completeness, or fulfillment of any campaign posted on the Platform.
• BayanihanPH does not verify, endorse, or guarantee the legitimacy of any Campaign, Campaign Owner, or Beneficiary.
• BayanihanPH is not responsible for any misuse, mismanagement, or fraudulent activity by any Campaign Owner, Donor, or other User.
• BayanihanPH is not responsible for the use of funds after they are withdrawn by Campaign Owners.
• BayanihanPH does not guarantee that Campaigns will reach their fundraising goals or that funds will be sufficient for the stated purpose.
• BayanihanPH is not liable for any losses, damages, or harm resulting from your use of the Platform, including but not limited to financial losses, data loss, or security breaches, except as required by applicable Philippine law.
• BayanihanPH is not responsible for the actions, content, or services of third-party payment processors, banks, or other service providers.
• To the maximum extent permitted by law, BayanihanPH's total liability for any claims arising from or related to the Platform shall not exceed the amount of fees we have received from you in the twelve (12) months preceding the claim.

10. Fraud and Misuse

• BayanihanPH takes fraud and misuse seriously. Any report of suspected fraud, misrepresentation, or violation of these Terms will be investigated.
• Users are encouraged to report suspicious activity, fraudulent campaigns, or violations of these Terms through our reporting mechanisms or by contacting contact@bayanihanph.org.
• BayanihanPH reserves the right to suspend, remove, or terminate any Campaign, account, or User at its sole discretion, without prior notice, if we determine that there has been fraud, misuse, or violation of these Terms.
• BayanihanPH may hold funds, delay withdrawals, or take other protective measures if there are concerns about fraud or misuse.
• BayanihanPH may cooperate with law enforcement agencies, regulatory authorities, and financial institutions in investigations of fraud or illegal activity.
• Legal action may be taken against Users who misuse the Platform, violate these Terms, or engage in fraudulent or illegal activities.
• Users who engage in fraud or misuse may be held liable for damages, including but not limited to refunds to Donors, legal fees, and other costs.

11. Intellectual Property

11.1 Platform Content

• All content on the Platform, including but not limited to text, graphics, logos, images, software, and code, is the property of BayanihanPH or its licensors and is protected by Philippine and international copyright, trademark, and other intellectual property laws.
• You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use Platform content without our prior written consent.

11.2 User Content

• You retain ownership of any content you submit, post, or display on the Platform ("User Content").
• By submitting User Content, you grant BayanihanPH a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and promoting the Platform.
• You represent and warrant that you have all necessary rights, licenses, and permissions to grant the license described above and that your User Content does not infringe upon the rights of any third party.
• You are solely responsible for your User Content and the consequences of posting or publishing it on the Platform.

12. Data Privacy

• All personal information is collected, stored, and processed in accordance with the Data Privacy Act of 2012 (RA 10173) of the Republic of the Philippines.
• User data will not be shared with third parties without consent, except as required by law or as necessary to provide the Services (e.g., payment processors).
• We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction.
• You have the right to access, correct, update, or delete your personal information, subject to our legal obligations and legitimate business interests.
• For more information about how we collect, use, and protect your personal data, please review our Privacy Policy.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at contact@bayanihanph.org or through your account settings, if available.

13.2 Termination by Us

We may suspend or terminate your account, remove your Campaigns, or restrict your access to the Platform at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our policies
• Fraud, misrepresentation, or illegal activity
• Requests by law enforcement or regulatory authorities
• Extended periods of inactivity
• Any other reason we deem necessary to protect the Platform or Users

13.3 Effect of Termination

• Upon termination, your right to use the Platform will immediately cease.
• We may delete or deactivate your account and remove your User Content, subject to our legal obligations and data retention policies.
• Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 9 (Platform Non-Liability), 11 (Intellectual Property), and 16 (Governing Law).

14. Changes to Terms

• BayanihanPH reserves the right to update, modify, or revise these Terms and Conditions at any time, at our sole discretion.
• We will notify Users of material changes to these Terms by posting the updated Terms on the Platform and updating the "Last Updated" date.
• We may also notify Users of material changes via email to the address associated with their account.
• Your continued use of the Platform after such changes constitutes your acceptance of the updated Terms.
• If you do not agree to the updated Terms, you must stop using the Platform and may terminate your account as described in Section 13.1.
• We encourage you to review these Terms periodically to stay informed of any updates.

15. Governing Law

• These Terms shall be governed by and interpreted in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.
• Any disputes arising from or related to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of the Philippines.
• These Terms are designed to comply with applicable Philippine laws and regulations, including but not limited to:
  • Data Privacy Act of 2012 (RA 10173)
  • E-Commerce Act of 2000 (RA 8792)
  • Consumer Act of the Philippines (RA 7394)
  • Anti-Money Laundering Act and related regulations

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at contact@bayanihanph.org to attempt to resolve the dispute informally.

16.2 Mediation

If informal resolution is unsuccessful, disputes may be referred to mediation through a mutually agreed mediator in the Philippines, in accordance with Philippine mediation procedures.

16.3 Arbitration

If mediation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) or another mutually agreed arbitration body in the Philippines.

16.4 Court Proceedings

Notwithstanding the above, either party may seek injunctive relief or other equitable remedies in the courts of the Philippines to protect intellectual property rights or to prevent irreparable harm.

17. Contact Us

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us at:

Email: contact@bayanihanph.org

We will make reasonable efforts to respond to your inquiries in a timely manner.