Welcome to MEGAPAY by BACKEND SOLUTIONS AND TECHNOLOGIES, INC. Please read these TERMS AND CONDITIONS (T&Cs) prior to completing the registration for an account with MEGAPAY. The following T&Cs shall govern the terms under which you may access and use the products of MEGAPAY App and the services associated with it. By registering or using the MEGAPAY App, you accept and agree to be legally bound by the T&Cs. Please also read the Privacy Policy of MEGAPAY and Acceptable Use Policy before you use any portion of the MEGAPAY App. The Privacy Policy describes how your personal data is collected and processed when you use the MEGAPAY App. The Acceptable Use Policy defines the set of rules that you should comply with when using the MEGAPAY App. If you do not understand or do not wish to be bound by the T&Cs or Privacy Policy, you should not access or use any portion of the MEGAPAY App.

 

These Website and Platform Terms and Conditions (the “Terms”) govern your access to and use of MEGAPAY websites, mobile applications, web portals, application interfaces made available to end users, and related products and services (collectively, the “Services”). The Services are operated by Backend Solutions and Technologies, Inc. (“BEST”), under the MEGAPAY brand, and may include services provided with or through BEST’s Affiliates, merchants, billers, telecommunications companies, payment providers, banks, electronic-money issuers, technology providers, logistics providers, and other third parties. The specific entity responsible for a particular Service may be identified in the relevant screen, transaction record, product-specific terms, or agreement.

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By creating an Account, selecting “I Agree,” accessing the Services, or completing a transaction, you confirm that you have read, understood, and agreed to these Terms and the documents incorporated by reference. If you do not agree, do not access or use the Services.

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Nothing in these Terms represents that BEST or every Affiliate is a bank, electronic-money issuer, remittance company, payment processor, merchant acquirer, lender, insurer, investment adviser, or other regulated financial institution. Where a regulated activity is involved, the regulated service may be provided by an appropriately authorized third-party provider, as disclosed for that Service.

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1. Definitions and Interpretation

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“Account” a registered user profile or access credential used to access any part of the Services.

“Affiliate” an entity that directly or indirectly controls, is controlled by, or is under common control with BEST. An Affiliate is bound under these Terms only to the extent that it provides or supports a Service identified to you.

“Applicable Law” all laws, rules, regulations, circulars, orders, regulatory requirements, and binding government directives applicable to the Services or the parties.

“Content” text, data, images, messages, documents, files, reviews, instructions, or other materials submitted, displayed, generated, or transmitted through the Services.

“Digital Product” a prepaid load, electronic PIN, voucher, code, subscription, digital entitlement, bill-payment instruction, or other electronically delivered product or service.

“Merchant” a seller, biller, service provider, or other business whose goods or services may be displayed, purchased, paid for, or accessed through the Services.

“Partner” a third party that supplies, enables, processes, distributes, settles, supports, or fulfills a Service or transaction.

“Personal Data” information relating to an identified or identifiable individual, as understood under applicable privacy law.

“Transaction” a purchase, payment, transfer instruction, redemption, request, order, or other activity initiated through the Services.

“User,” “you,” or “your” any individual or entity accessing or using the Services.

“BEST,” “MEGAPAY,” “we,” “us,” or “our” Backend Solutions and Technologies, Inc.; where the context expressly identifies an Affiliate as provider of a Service, the term also includes that Affiliate solely for that Service.

 

Headings are for convenience only. “Including” means “including without limitation.” Singular words include the plural and vice versa when the context permits. If product-specific terms conflict with these Terms, the product-specific terms control for that Service.

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2. Eligibility, Authority, and Account Registration

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2.1 Eligibility. You must be at least eighteen (18) years old and legally capable of entering into a contract. A minor may use a Service only where expressly allowed by law and by MEGAPAY, with verified consent and supervision of a parent or legal guardian and subject to additional requirements.

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2.2 Business Users. If you use the Services for an organization, you represent that you are authorized to bind that organization. “You” then includes the organization.

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2.3 Registration Information. You must provide complete, accurate, current, and truthful information and promptly update it. We may request identity, business, beneficial ownership, address, contact, source-of-funds, or other information reasonably required for verification, fraud prevention, risk management, or legal compliance.

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2.4 Verification. We and our authorized service providers may verify information using documents, databases, device information, biometric or liveness checks where lawfully implemented, and other reasonable methods described in the Privacy Notice. We may refuse, limit, or suspend access when verification is incomplete, unsuccessful, inconsistent, or legally prohibited.

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2.5 One Person; Authorized Access. Unless a Service permits otherwise, an Account is personal to the registered user and may not be sold, transferred, rented, or shared. Business Accounts may allow designated users subject to administrator controls and the organization’s responsibility for those users.

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3. Account Security and User Responsibilities

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3.1 Credentials. You are responsible for protecting your password, personal identification number, one-time password (“OTP”), authentication device, recovery channel, and other security credentials. An OTP is a temporary authentication code and should never be disclosed to anyone, including a person claiming to represent MEGAPAY.

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3.2 Devices and Communications. You must maintain reasonable security over your device, SIM, email account, and network connection. You must promptly update your registered contact details and review transaction confirmations and notices.

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3.3 Unauthorized Activity. Notify us immediately through the official support channels if your device, SIM, credentials, or Account may be compromised, or if you identify an unauthorized or incorrect Transaction. We may temporarily restrict access while investigating.

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3.4 Instructions. Subject to Applicable Law and our security procedures, we may treat instructions authenticated through your Account as authorized by you. You remain responsible for activity caused by your failure to safeguard credentials, except to the extent the loss is caused by our fraud, willful misconduct, gross negligence, or another liability that cannot lawfully be excluded.

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3.5 Prohibited Security Conduct. You must not bypass authentication, test vulnerabilities without written authorization, scrape restricted data, introduce malicious code, use automated access that burdens the Services, or attempt to access another user’s Account or non-public system.

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4. Description and Availability of Services

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4.1 Scope. The Services may include Digital Products, bill-payment or collection instructions, merchant offers, vouchers, notifications, account tools, reports, customer support, promotional features, and other services made available from time to time.

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4.2 Service-Specific Terms. A Service may be subject to separate terms, instructions, eligibility rules, fees, limits, expiration periods, processing times, refund rules, or Partner terms shown before or during a Transaction. These form part of your agreement for that Service.

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4.3 Changes. We may add, modify, suspend, discontinue, or restrict a Service for security, operational, commercial, legal, regulatory, Partner, or risk-management reasons. Where reasonably practicable and legally required, we will give advance notice of a material adverse change.

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4.4 Availability. Availability may depend on network connectivity, maintenance, demand, device compatibility, Partner systems, and events outside our reasonable control. We do not guarantee uninterrupted or error-free access, but this does not limit obligations that cannot lawfully be excluded.

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5. Transactions, Orders, and Fulfillment

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5.1 Review Before Confirmation. You must check the recipient, mobile number, account or reference number, product, denomination, quantity, price, fees, and other Transaction details before confirming. Incorrect details may result in delayed, failed, or irreversible fulfillment.

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5.2 Transaction Acceptance. Submitting a request does not always mean that it has been accepted or completed. A Transaction may remain pending while we or a Partner perform validation, authorization, payment confirmation, fraud screening, inventory checks, or fulfillment.

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5.3 Status and Records. The status shown in the Services or official transaction record is evidence of processing status, subject to correction for manifest error, duplicate posting, Partner reconciliation, fraud, or system malfunction. We may contact you or request supporting information before completing a correction or investigation.

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5.4 Digital Delivery. Digital Products may be delivered to the mobile number, email address, Account, or recipient details you provide. Delivery to the designated destination generally constitutes fulfillment, even if the recipient is not you.

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5.5 Expiration and Redemption. A Digital Product may have an expiration date, redemption procedure, territorial limitation, Merchant restriction, or separate issuer terms. You are responsible for reviewing and complying with these conditions.

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5.6 Failed, Reversed, or Duplicate Transactions. If a Transaction fails, is reversed, appears duplicated, or has an inconsistent status, the remedy will depend on the cause, Partner confirmation, funding method, and Applicable Law. We may correct records, reprocess, reverse, refund, or require additional verification as appropriate.

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5.7 No Unauthorized Resale. You may not resell, redistribute, or commercially exploit Digital Products or access to the Services unless expressly authorized under a separate written agreement.

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6. Prices, Fees, Taxes, Funding, and Settlement

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6.1 Disclosure. Applicable prices, service fees, convenience fees, Partner charges, foreign-exchange information, taxes, and other amounts will be disclosed through the relevant screen, schedule, quotation, or agreement before confirmation, where required.

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6.2 Payment Authorization. By selecting a payment method, you authorize the applicable payment provider to charge or debit the amount shown. Additional terms of the payment provider may apply.

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6.3 Taxes. You are responsible for taxes imposed on you by law. Prices may be inclusive or exclusive of taxes as displayed. Business users are responsible for their own invoicing, withholding, reporting, and tax obligations unless otherwise agreed in writing.

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6.4 No Deposit Representation. Unless expressly stated in product-specific terms issued by a properly authorized provider, amounts processed or displayed through MEGAPAY are not represented as bank deposits, deposit substitutes, insured deposits, or investment products.

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6.5 Merchant and Partner Settlement. Settlement arrangements for Merchants, distributors, enterprise clients, or Partners are governed by their separate written agreements and are not created by these consumer-facing Terms.

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7. Refunds, Cancellations, Disputes, and Errors

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7.1 General Rule. Because many Digital Products are delivered immediately and may be consumed, redeemed, or transferred, a completed Transaction may not be cancellable or refundable merely because you changed your mind or entered incorrect recipient details. This does not affect mandatory consumer rights or remedies for defective, undelivered, unauthorized, or incorrectly processed Transactions.

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7.2 Request Period. Report an issue as soon as reasonably possible through official support channels and provide the transaction reference, date, amount, recipient details, screenshots, and other information reasonably required. Product-specific reporting periods may apply, subject to Applicable Law.

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7.3 Investigation. We may coordinate with Merchants, billers, telecommunications providers, payment providers, and other Partners. Resolution times may depend on third-party confirmation. We will not require information unrelated to the reported issue.

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7.4 Refund Method. Approved refunds will generally be returned to the original payment method or another lawful method determined by the applicable provider. Processing time may vary by provider and banking channel.

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7.5 Chargebacks. You must not initiate a fraudulent or duplicative chargeback. A legitimate chargeback or statutory remedy remains available subject to the payment provider’s rules and Applicable Law.

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8. Acceptable Use and Prohibited Activities

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You must use the Services lawfully, honestly, and only for their intended purposes. You must not:

• use the Services for fraud, scams, money laundering, terrorist financing, sanctions evasion, illegal gambling, trafficking, exploitation, or any unlawful activity;

• use stolen, synthetic, misleading, or unauthorized identity, payment, Account, or recipient information;

• circumvent transaction limits, eligibility rules, geographic controls, compliance checks, or security measures;

• interfere with the Services, overload systems, deploy bots or scraping tools without written permission, or introduce viruses, malware, ransomware, or harmful code;

• infringe intellectual-property, privacy, publicity, confidentiality, consumer, or other rights;

• impersonate BEST, MEGAPAY, an Affiliate, a Partner, a government authority, or another person;

• send spam, deceptive messages, unlawful marketing, or content that is threatening, abusive, obscene, hateful, defamatory, or exploitative;

• collect, disclose, sell, or misuse Personal Data obtained through the Services without a lawful basis and appropriate authorization;

• manipulate prices, promotions, rewards, referral programs, transaction records, or technical processes; or

• use the Services in a manner that may expose BEST, an Affiliate, a Partner, another user, or the public to legal, regulatory, security, reputational, or operational harm.

We may investigate suspected misuse, preserve relevant records, restrict access, reverse benefits obtained through abuse, and cooperate with lawful government or regulatory requests, subject to Applicable Law and our Privacy Notice.

 

9. Merchants, Affiliates, Partners, and Third-Party Services

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9.1 Separate Parties. Merchants, Affiliates, and Partners may be independent entities. Except where expressly stated, they are not our agents, and we do not control their goods, services, business practices, availability, or separate terms.

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9.2 Identification of Provider. The responsible provider may be identified in the transaction flow, receipt, disclosure, product terms, or separate agreement. References to Affiliates do not make every Affiliate jointly responsible for every MEGAPAY Service or Transaction.

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9.3 Merchant Transactions. The contract for a Merchant’s goods or services is generally between you and the Merchant. MEGAPAY may provide technology, discovery, payment facilitation, digital delivery, or support, but does not automatically become the seller, manufacturer, or warrantor of the Merchant’s goods or services.

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9.4 Third-Party Terms and Links. Third-party services, links, software, app stores, payment methods, and content may be governed by separate terms and privacy practices. Review them before use.

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9.5 Regulatory Roles. Where a regulated service is provided by a bank, electronic-money issuer, payment processor, acquirer, remittance provider, or other authorized institution, its disclosures and terms govern that regulated component. MEGAPAY’s role must be understood from the applicable product disclosure and transaction documentation.

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10. Promotions, Rewards, Advertisements, and Referral Programs

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10.1 Separate Rules. Promotions, discounts, vouchers, rewards, raffles, advertisements, referrals, and sponsored content may have separate mechanics, eligibility rules, validity periods, limits, and regulatory requirements.

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10.2 Modification or Withdrawal. We may correct errors, disqualify abuse, or modify or end a promotion as permitted by its rules and Applicable Law. Earned and vested rights will be honored where legally required.

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10.3 Advertisers. Advertisers and Merchants are responsible for their claims, offers, products, and fulfillment. Sponsored or promotional content will be identified where required by law or platform policy.

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11. User Content and Communications

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11.1 Your Responsibility. You are responsible for Content you submit and represent that you have the right and lawful basis to submit it.

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11.2 Limited License. You grant BEST and the relevant service providers a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and use your Content only as reasonably necessary to operate, secure, improve, and support the Services, comply with law, and enforce these Terms. This license ends when the Content is no longer reasonably required, subject to legal retention and backup cycles.

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11.3 Monitoring and Removal. We are not required to pre-screen all Content, but may restrict, remove, preserve, or disclose Content where reasonably necessary to operate the Services, investigate misuse, protect users, comply with law, or respond to a valid legal process.

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11.4 Electronic Communications. You agree to receive transactional, security, service, and legal notices electronically through the Services, email, SMS, push notification, or your registered contact details. Marketing communications will be handled in accordance with consent and opt-out requirements.

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12. Privacy, Cookies, and Data Protection

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12.1 Privacy Notice. Our Privacy Notice explains how Personal Data is collected, used, shared, retained, and protected, and how you may exercise data-subject rights. It is incorporated into these Terms by reference but remains a separate notice.

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12.2 Service Providers and Data Sharing. We may engage Personal Information Processors and share data with Affiliates, Merchants, Partners, authorities, and other recipients where there is a lawful basis, appropriate notice, contractual protection, and security measures.

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12.3 Cookies and Similar Technologies. Our Cookie Notice describes cookies, software development kits, pixels, device identifiers, analytics, and similar technologies. Where consent is required, you will be given appropriate choices.

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12.4 Security and Incidents. We implement reasonable and appropriate organizational, physical, and technical measures. No system is completely secure. We will handle reportable personal-data breaches and notifications in accordance with Applicable Law.

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12.5 Privacy Inquiries. Privacy inquiries and requests should be sent to the Data Protection Officer or privacy contact shown in the Privacy Notice. Do not publish a generic support address as the privacy contact unless it is monitored under an approved privacy-request procedure.

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13. Intellectual Property and License to Use the Services

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13.1 Ownership. The Services, software, source and object code, interfaces, designs, databases, documentation, text, graphics, trademarks, service marks, and other materials are owned by or licensed to BEST, its Affiliates, or its licensors and are protected by Applicable Law.

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13.2 Limited License. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended lawful purpose on supported devices.

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13.3 Restrictions. You may not copy, modify, distribute, sell, lease, sublicense, publicly display, create derivative works from, reverse engineer, decompile, disassemble, extract source code from, or commercially exploit the Services except to the extent a restriction is prohibited by law or expressly authorized in writing.

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13.4 Feedback. If you voluntarily provide suggestions or feedback, you grant us a perpetual, worldwide, royalty-free right to use it without identifying you or paying compensation, unless otherwise agreed in writing.

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14. Suspension, Restrictions, and Termination

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14.1 By You. You may stop using the Services and request Account closure through the available process, subject to completion of pending Transactions, settlement of obligations, identity verification, legal retention, and product-specific requirements.

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14.2 By Us. We may delay, decline, limit, suspend, or terminate access where reasonably necessary for security, suspected fraud or misuse, incomplete verification, legal or regulatory compliance, court or government order, unpaid amounts, breach of these Terms, Partner action, risk management, or discontinuation of a Service.

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14.3 Notice and Review. Where legally required and reasonably practicable, we will provide notice and a method to request review. We may withhold details where disclosure would compromise security, an investigation, legal privilege, or a regulatory instruction.

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14.4 Effect. Termination does not affect completed Transactions, accrued rights, payment obligations, dispute rights, or provisions intended to survive, including intellectual property, confidentiality, disclaimers, liability, indemnity, governing law, and records retention.

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15. Disclaimers

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15.1 Statutory Rights. Nothing in these Terms excludes or limits warranties, guarantees, consumer rights, or liabilities that cannot lawfully be excluded or limited.

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15.2 Service Basis. To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis. We do not warrant that every Service will always be uninterrupted, error-free, compatible with every device, or free from third-party failures or harmful components.

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15.3 Third-Party Information. Information supplied by Merchants, billers, advertisers, and Partners may be subject to change. We do not warrant third-party content except to the extent we expressly adopt it or are legally responsible for it.

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15.4 No Professional Advice. Unless expressly identified otherwise, information through the Services is not legal, tax, accounting, investment, medical, or other professional advice.

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16. Limitation of Liability

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16.1 Non-Excludable Liability. Nothing in these Terms limits liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence where applicable, breach of mandatory privacy or consumer law, or another liability that cannot legally be limited.

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16.2 Excluded Losses. To the maximum extent permitted by law, BEST and the relevant Affiliates will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profits, revenue, opportunity, goodwill, business, or data, arising from the Services, except where such exclusion is prohibited.

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16.3 Direct Loss Cap. Subject to Section 16.1, the aggregate liability of BEST and the relevant Affiliate for a claim relating to a specific Transaction will not exceed the amount you paid to MEGAPAY for that Transaction, plus fees charged by MEGAPAY, unless Applicable Law requires a higher amount. For claims not tied to a Transaction, the proposed cap should be confirmed by Legal before publication.

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16.4 Your Mitigation Duty. You must take reasonable steps to avoid or reduce loss, including promptly reporting suspected unauthorized activity and preserving relevant evidence.

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17. Indemnity for Business and Misuse Claims

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To the extent permitted by law, you will indemnify BEST, the relevant Affiliates, and their directors, officers, employees, and agents against third-party claims, penalties, losses, and reasonable legal costs arising from your unlawful use of the Services, infringement of another person’s rights, fraudulent or unauthorized Content, or material breach of these Terms. This section does not require a consumer to indemnify us for our own wrongdoing and does not waive mandatory consumer rights.

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18. Complaints and Customer Support

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18.1 Support Channels. Contact us only through support channels published on the official MEGAPAY website or application. Current contact details should be inserted and verified before publication.

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18.2 Complaint Information. Include your name, registered contact information, transaction reference, date, amount, issue, and requested resolution. Do not send passwords, OTPs, or unnecessary sensitive information.

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18.3 Escalation. We will acknowledge and handle complaints under applicable internal and regulatory procedures. Where another provider is responsible for the disputed component, we may refer or coordinate the matter while keeping you appropriately informed.

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18.4 Government and Regulatory Remedies. Nothing in these Terms prevents you from using remedies available through a court, regulator, consumer-protection authority, data-protection authority, or other competent government agency.

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19. Changes to These Terms

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19.1 Updates. We may update these Terms to reflect changes in law, regulation, security, technology, products, Partners, risk, or business practices.

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19.2 Notice. We will post the updated Terms with a revised effective date and provide additional notice for material changes where required or reasonably appropriate. Changes will not be applied retroactively where prohibited by law.

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19.3 Acceptance. Your continued use after the effective date constitutes acceptance where permitted by law. If you do not agree to a material change, you should stop using the affected Service and may request Account closure, subject to outstanding obligations.

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20. General Provisions

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20.1 Entire Agreement. These Terms, the Privacy Notice, product-specific terms, transaction disclosures, and any applicable signed agreement constitute the agreement governing your use of the relevant Service. A signed enterprise, merchant, distributor, supplier, or Partner agreement prevails over these website Terms for the subject matter it covers.

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20.2 Assignment. You may not assign your rights or obligations without our written consent. We may assign or transfer these Terms as part of a merger, reorganization, sale, intra-group restructuring, outsourcing arrangement, or transfer of the relevant Service, subject to Applicable Law and appropriate notice.

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20.3 No Waiver. Failure to enforce a provision is not a waiver. A waiver must be express and applies only to the specific instance stated.

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20.4 Severability. If a provision is held invalid or unenforceable, it will be interpreted or modified to the minimum extent necessary, and the remaining provisions remain effective.

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20.5 Force Majeure. A party is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil disorder, labor disruption, epidemic, government action, power or telecommunications failure, cyberattack, or Partner outage, provided it takes reasonable steps to mitigate the effect. Payment and refund obligations already due are not automatically extinguished.

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20.6 Electronic Records. Electronic agreements, notices, transaction records, logs, and confirmations may be used as records of the parties’ communications and Transactions, subject to Applicable Law and the right to challenge errors or unauthorized activity.

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20.7 Language. The English version controls in case of conflict with a translation, unless Applicable Law requires otherwise.

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20.8 Governing Law. These Terms are governed by the laws of the Republic of the Philippines.

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20.9 Exclusive Jurisdiction. You and MEGAPAY agree to submit to the exclusive jurisdiction of the courts located within Makati City, Philippines.

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20.10 Waiver, Severability, and Limitation Period. Failure by MEGAPAY to exercise or enforce any right or provision of these Terms does not waive that right or provision. If a court of competent jurisdiction finds any provision invalid, the remaining provisions will continue in full force and effect, and the invalid provision should be interpreted, to the extent permitted by law, to best reflect the parties' original intent. To the fullest extent permitted by applicable law, any claim or cause of action arising from or relating to the Service or these Terms must be filed within one (1) year after the claim or cause of action arose; otherwise, it will be permanently barred.

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21. Contact Information

Before publication, replace the bracketed items below with verified information and ensure consistency across the website, Privacy Notice, invoices, receipts, and regulatory disclosures:

• Legal entity: Backend Solutions and Technologies, Inc.

• Brand: MEGAPAY

• Principal office: 5F Phinma Plaza, 39 Plaza Drive, Rockwell Center, Makati City

• Customer support email: support@megapay.com.ph

• Customer support phone: (+63) 9922654586

• Data Protection Officer / privacy channel: Victor Fajardo, (+63) 9706250824, sbituin_best@yahoo.com

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