Kabayan Capital Ltd t/as Kabayan Remit, a UK entity (“Kabayan UK”), is the parent company of a group providing money remittance services to the Filipino community in the UK, mainland Europe and North America. The Kabayan Remit Group has offices in the UK, Canada (trading as Asenso Remit) and the EU and a contact centre based in Manila, Philippines (“Group”, “us” or “we”). In Canada, the trading entity is Kabayan Capital (Canada) Inc., which is a 100% owned subsidiary of Kabayan UK.
Kabayan is a recognised brand in the Filipino community and the company uses direct marketing, attendance at cultural events and barrio fiestas etc. as well as digital marketing campaigns in order to promote the online remittance services. External agents are not used for any sales and payments are taken via online banking or by debit card only, no cash is accepted.
The purpose of this policy (“Policy”) is to ensure that customers understand the way to use the services of the Group and the activities which are prohibited. This Policy will assist customers to:
- Comply with all applicable legal requirements; and
- Comply with any behavioural/ethical requirements the Group imposes on its customers; and
- Comply with any Group third-party partner contractual requirements.
The Policy relates to all customers. It should be read in conjunction with the applicable:
- Customer Terms and Conditions; and
The Group committed to the highest standards of behaviour and ethical conduct; to that end, the Group outlines below the behaviours it expects of its’ customers and the behaviours that are not permitted. In the event that a customer’s behaviour does not meet the standards laid out in this Policy, the Group may take what it deems to be appropriate action; this could include suspension or termination of account (and withdrawal of services) up to and including making reports to regulators and law enforcement if required.
Generally, the services the Group offers to its’ customers may only be used for lawful purposes; in addition, there are some activities which, whilst lawful, the Group has decided it will not allow its platform to be used for. Customers may not use the Group services in a manner that:
- Is a breach of any applicable local, national, or international law or regulation in any way; or
- Causes any part of the Group to breach any applicable local, national, or international law or regulation in any way;
- Is fraudulent, or has any unlawful or fraudulent intent;
- Facilitates (directly or indirectly) the infliction of harm or abuse upon children in any way;
- Is abusive or harmful to individuals or animals;
- Funds the development or distribution of any unsolicited advertising or promotional materials;
- Funds the development or distribution of any harmful computer programmes such as viruses, spyware or malware;
- The creation, facilitation, sale or distribution of any material that promotes violence or hatred.
Notwithstanding whether any of the below are technically lawful in the jurisdiction covered, the Group has decided that its’s services shall not be used to pay for or fund any of the following activities:
- The production of pornography in any form;
- Sexual services (prostitution, escorting, web-based services of an explicit or adult nature);
- Adult establishments such as strip clubs or massage parlours;
- The creation, facilitation, sale or distribution of adult content, including, but not limited to, online dating or marriage services, pornographic services and goods, adult entertainment related activities, or escort services;
- Cannabis – any product containing CBD or otherwise related to the cannabis/marijuana trade;
- The creation, facilitation, sale or distribution of marijuana or marijuana paraphernalia, regardless of whether or not such sale is lawful in the jurisdiction in which customer operates, or the jurisdiction;
- Any other narcotic/drug goods or services (including products offering “legal highs” etc.);
- Paraphernalia relating to making, taking or hiding drugs/narcotics;
- Counterfeit or fake goods;
- The creation, facilitation, sale or distribution of any prohibited or illegal good or service or an activity that requires a governmental license where the customer lacks such a license;
- Goods that have been/will be illegally imported or exported;
- Gambling of any sort (and in particular, payments related to Canada, Singapore, Turkey, UAE or USA);
- Casinos and card rooms, except licensed, U.S. institutions that do not accept cash;
- Offshore Companies;
- The sale, distribution or exchange of cryptocurrencies;
- Outbound telemarketing;
- Online payday lenders;
- The facilitation, sale or distribution of chemicals;
- The facilitation, sale or distribution of prescription medications;
- The facilitation, sale or distribution of seeds or plants, dietary supplements, alcoholic beverages, tobacco goods, jewels, precious metals or stones;
- The infringement of any party’s intellectual property rights;
- Military goods, services or any other military purpose;
- The facilitation, sale or distribution of firearms or other weapons, military or semi-military goods, military software or technologies;
- Weaponry of any kind;
- Trusts, foundations or similar;
- Surrogacy, adoption or fostering outside of the normal legal channels;
- Goods derived from the trade in restricted and/or endangered animals;
- Any form of “Ponzi”, “get rich quick” or “pyramid” scheme or similar;
- Any business directly or indirectly related to Cuba; or
- Any other product or service that is unlawful in the jurisdiction in which it is offered.
The Group expects its’ customers to not:
- Damage, disrupt or otherwise interfere with (or attempt any of these actions) any part of the operating system or services of the Group;
- Use their account in any way that is likely to result in complaints, issues or liabilities for the Group with any customer, business partner, third parties or regulators/law enforcement.
The Group will, in its’ absolute discretion, be responsible for determining if a customer has breached this Policy. In the event the Group determines there has been a breach of this Policy, it may take any or all of the following actions:
- Temporary suspension of the provision of services to the customer;
- Permanent suspension of the provision of services to the customer;
- Issue a “warning” that continued actions in breach of this Policy may result in any of the above;
- Report of activity to regulatory body/law enforcement as may be appropriate; and
- Legal action against the customer to recover any and all out-of-pocket expenses caused by the action of the customer in breach of this Policy (including but not limited to legal fees, management time, fines and loss of revenues caused by the activity or behaviour).
The Group may revise, update or otherwise amend this Policy at any time; it is available on our website and the Group recommends you regularly review the website for updates.
Review of this Policy (and associated policies and procedures) will take place on an annual basis. The Group Head of Compliance is responsible for reviews.