Terms and conditions

About Kabayan Capital Group

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.

Purpose

The purpose of these terms and conditions is to clarify the terms that apply to the business relationship between the relevant Group company and each Remitter (as defined below). These Terms should be read in conjunction with:

  • Acceptable Use Policy; and
  • The Privacy Policy that applies to the jurisdiction the customer is situated in.

Both of the above documents, when taken together with these terms and conditions, referred to as “Terms”.

Scope

The Terms regulate the relationship between each relevant Group Company and each and every Remitter.

A. Definitions

In these Terms, the following definitions will apply:

  • Beneficiary” means the recipient of funds in the Philippines nominated by the Remitter in the Remittance Application Form;
  • Customer Registration Form” means the customer information form used by the Group for initial and periodic customer identification and verification as may be required by law;
  • Remittance Application Form” means the payment instruction form, completed by the Remitter, which sets out the details of each Transaction;
  • Remitter” means the natural person instructing the Group to execute a Transaction. The Remitter may also be referred to as “you” in these Terms. The Remitter may only be a natural person; the Group does not provide services to any entity other than natural persons;
  • Terms” together these terms and conditions and, if appropriate, the Remittance Application Form;
  • Transaction” means the transfer of money from the relevant jurisdiction to the Philippines;
  • Transaction Amount” means the amount of the remittance that the Remitter intends the Beneficiary to receive excluding any and all fees and charges applied by the Group and any foreign exchange conversion that may apply;
  • Service Fee” is the amount to be paid to the Group in consideration of executing the Transaction and is in addition to the Transaction Amount;
  • Service Provider” means a local bank or any other third-party service provider used in connection with each Transaction.

B. Agreement

By registering as a Remitter with the Group you agree to be bound by the Terms and you confirm that you are at least eighteen (18) years of age and legally capable of entering onto the agreement laid out in the Terms. These Terms, together with the Customer Registration Form, Remittance Application Form, Acceptable Use Policy (as may be in force from time to time) and the relevant Privacy Policy (as may be in force from time to time) form the entire agreement between the Remitter and the relevant Group company and describes the agreement between the parties each time the Remitter instructs the Group to execute a Transaction on their behalf.

C. Registration

The Remitter hereby warrants that they have completed the Customer Registration Form and any Remittance Application Form on their own account and are not conducting or instructing the Group to execute any transactions on behalf of any third party. The Remitter acknowledges that the Group has legal obligations to comply with when an account is opened and they warrant that all the information and documentation provided during this process is genuine and accurate and that they will keep this information up-to-date.

The Remitter authorises the Group to take any action and make any enquiries of third parties it deems fit to comply with any laws or regulations applicable to the registration of the Remitter or the ongoing relationship between the Parties.

D. Security

The Group maintains appropriate levels of security to protect the integrity and function of the operating system used to provide the Group’s services; it also has systems in place to protect all data collected, stored and processed in the course of the Group’s business. The Remitter acknowledges it is their own responsibility to maintain control and security over their own ID’s, passwords and any other log in credentials. The Remitter agrees to inform the Group immediately upon becoming aware of a loss or compromise of any credentials used to access the Group’s systems or if they notice any other suspicious activity related to their account.

In the event the Group has any concerns about the security of a particular account, the Group reserves the right to take whatever action it deems necessary to prevent any loss or compromise of its systems.

E. Fees

The Remitter agrees to pay the Group the Service Fee and the Transaction Amount. The exact amount of the Service Fee will be confirmed upon submission of the Remittance Application Form. The basis of the calculation of the Transaction Amount and the Service Fee will be explained before execution of the Transaction and any fees will be in the originating currency. The exchange rate from originating currency to Philippine Peso (“PHP”) will be confirmed at the same time.

F. Services

Once a Remitter has registered and been verified by the Group they are able to submit Remittance Application Forms. By submitting a Remittance Application Form the Remitter is requesting the Group to transmit the Transaction Amount to the Beneficiary in the Philippines.

Payment

Payment of the Transaction Amount and the Service fee may only be made by debit card or direct from a bank account opened and maintained in the same jurisdiction as the originating funds (i.e. a US bank account for US Dollars, a UK bank account for Pounds Sterling etc.).

Acceptance of Request

Once the Remittance Application Form has been accepted as validly executed therefore approved, the Group agrees to process the Transaction as promptly as possible. Each time a Remittance Application Form is submitted, the Group reviews the parties, the transaction and any other relevant factors (in its absolute discretion) to assess if the request produces any issues; if it does, further information and/or documentation may be requested. It is only at the point where the Group agrees to accept the Remittance Application form the request is deemed “approved”.

Rejection of Request

In the event that any Transaction is cancelled by the Group before being completed, the Transaction Amount and the Service Fee will be returned as soon as practicable.

Remittance

Once a Remittance Application Form is accepted, the Group agrees it will remit the Transaction Amount to the Beneficiary as instructed. It is the Group’s intention that any Transaction Amounts are delivered to the Beneficiary as soon as possible and this generally happens within 1-2 hours, however, the Group cannot guarantee this timescale. The Group has many Service providers helping to execute transactions (in particular banks) and the Group is unable to influence the speed at which the Service Providers process transactions; the Group will endeavour to “move things along” but this is not always possible. The result of this is that Transactions may take1-2 days. This is not common and it is always the Group’s intention that remittance is as fast as possible and it works tirelessly to ensure fast and safe remittance of funds.

G. Authorisations

The Group confirms it has all necessary consents and has registered with all the appropriate authorities to enable it to provide its’ services in each jurisdiction in which it operates.

H. Liability

The Group expressly excludes all conditions, warranties and terms which may be implied by statute, common law or equity to the extent permitted by law.

I. Closure of Account

A remitter may close their account at any time by contacting the Group. The Group reserves the right to close an account in the event the account has been inactive for a continuous period of at least two (2) years.

J. Third Parties

These Terms is for the sole benefit of the Parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or will confer upon any other person or any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

K. Complaints

All complaints can be sent via e-mail to [email protected]. Alternatively, you can write to the office location in your jurisdiction (details available on the Group website)

L. Variation

These Terms may not be varied unless agreed by both Parties in writing.

M. Governing Law and Jurisdiction

For customers based in any province EXCEPT the province of Quebec, these terms shall be interpreted in accordance with Ontario law and the relevant applicable federal laws of Canada, and the parties irrevocably submit to the exclusive jurisdiction of the courts in the province of Ontario.

For customers based in the province of Quebec, these terms shall be interpreted in accordance with Quebec law and the relevant applicable federal laws of Canada, and the parties irrevocably submit to the exclusive jurisdiction of the courts in the province of Quebec.

N. Identity Verification

  1. When you apply to use the service using a Customer Registration Form (and on a periodic basis thereafter) you and/or your Receiver may be required to present documents that confirm your or their identity before a Transaction is approved or funds are sent. We reserve the right to request additional identification or additional evidence confirming the source of funds to comply with our obligations under (i) applicable Canadian anti-money laundering legislation and (ii) the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) as amended, updated and varied from time to time.
  2. On an ongoing basis, you agree to provide us with any changes to the personal information provided on your Customer Registration Form or each Remittance Application Form, including (but not limited to) name, address and contact details.
  3. Each time you submit a Remittance Application Form, you undertake will not supply false or misleading information, allow anyone else access to your registration details and will keep those details secure. You will use the service only to send money to people that you know personally and both you and the receiver will only act on your own behalf. You may not transmit or receive funds on behalf of a third person.

O. Regulation

  1. Kabayan Capital (Canada) Inc is a Money Service Business regulated by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and registered for Money Laundering Regulations number M17349927. Kabayan Capital (Canada) Inc is a wholly owned subsidiary of Kabayan Capital Ltd, registered with the Financial Conduct Authority (FCA) as an authorised payment institution (API) number710792.
  2. If you are dissatisfied with the service please follow the complaint procedures detailed on our website (www.asensoremit.com)

P. Privacy Policy

This policy together with our terms of use sets out the way in which Asenso Remit will use and protect your personal information. By visiting and using our website www.asensoremit.com, you are consenting to the practices described in this policy.

Information about us

www.asensoremit.com is a site operated by Kabayan Capital (Canada) Inc which is a wholly owned subsidiary of Kabayan Capital Limited, a UK incorporated company (we). The data controller is Kabayan Capital Ltd (UK company number 08111867) and our registered office is at Murdock House, 30 Murdock Road, Bicester OX26 4PP, UK. We are registered with the Information Commissioner’s Office in the UK under registration number ZA031287.

Information about you

We may collect information about you in the following ways:

  • Directly from you when you complete one of the application forms available on our website or contact us by email, telephone or letter;
  • In the event we need to contact you to request further information in order to process your remittance transaction or answer your request for information;
  • From credit reference agencies, fraud prevention agencies and law enforcement agencies;
  • Through the use of electronic cookies

Use and disclosure of personal data

We will use the information we hold about you in the following ways:

  • To process your remittance transaction, improve your use of our website and for marketing purposes (see Marketing);
  • If you complete the registration process with us you confirm that all the information provided by you is accurate and complete. By providing your personal data to us, you consent to us using that information to carry out an identity verification assessment including checking the records held by Credit Reference Agencies (CRAs).
  • If we believe that any of the information you have provided is false or inaccurate or that your application involves fraud, details will be passed to the relevant fraud prevention agencies. Law enforcement agencies may access and utilise this information in order to prevent fraud, money laundering and other criminal offences;

Your data may also be used for other specific purposes for which you give your consent or where required by law or to the extent permitted under The Personal Information Protection and Electronic Documents Act (PIPEDA).

Marketing

By completing one of our online forms or using our website, you agree that Asenso Remit may use your personal data to contact you by e-mail or text message to assist you with your remittance transaction or to provide you with promotional offers and information about similar products. If you do not wish to receive marketing information, you may opt-out of receiving these communications from us by following the instructions at the end of the e-mail or text message which we send to you or by updating your contact preferences in your customer account on our website.

Cookies

We use session cookies, which are temporary cookie files that store your browsing information during your time on our site and enable us to know it’s you as you move from page to page through the application process, so you don’t have to repeatedly enter information. These cookies are active until you leave the site and are then erased when you close your browser. Once you choose to remember the login details, our website will use permanent cookies that will store your login information for the next time you visit the login page.

With the help of third party Google Analytics tool we may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

When you visit our site we issue a ‘cookie’ or unique code that allows us to identify your computer. We use the cookie to record where applicable, the website that referred you to our site and to note the different areas of our website recently accessed through your computer. The cookie is only used in relation to our website and not in relation to any other websites you may visit. We may use the information collected in this way to tell you about services or products which might be of interest to you.

We might also use web tools to collect information about your browsing activities whilst on our site. In this respect the information that is provided is similar to the information supplied by cookies, and we use it for the same purposes.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site, and you will be unable to fully complete the online application process as we need to use temporary session cookies to store information that enables us to know it’s you as you work through the process. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.

Sharing and Disclosing Your Personal Information

We do not share or disclose any of your personal information without your consent, other than for the purposes specified in this notice or where there is a legal requirement. Asenso Remit uses third-parties to provide the below services and business functions; however, all processors acting on our behalf only process your data in accordance with instructions from us and comply fully with this privacy notice, the data protection laws and any other appropriate confidentiality and security measures.

ComplyAdvantage

We use ComplyAdvantage to screen against PEP, Sanctions and Adverse data lists in order to comply with Canada Anti-Money laundering legislation and guidelines. The information we provide them with is your personal details from the registration form and remittance application form. Please read their privacy policy at https://complyadvantage.com/terms-and-conditions/#privacy-cookies

ShuftiPro

We may use the Shufti Pro document verification service to assist us in verifying any documents that you provide us with as part of our customer identity verification. Please read their privacy policy at https://shuftipro.com/privacy-policy/

TransUnion

We use TransUnion as our identity verification agency. The information we provide them with is your personal and contact details to meet business and legal requirements.
For more information about TransUnion, please read their Privacy Notice at https://www.transunion.com/legal/fcpa-policy

Electronic Verification Systems (EVS)

We use Electronic Verification Systems as our Watch List Screening tool to comply with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and associated Regulations. The information we provide them with is your personal details. For more information about Electronic  Verification Systems, please read their Privacy Policy at https://www.electronicverificationsystems.com/about-evs/privacy-statement

Metrobank

We use Metrobank as our fulfilment partner in the Philippines. The information we provide them with is your personal details, contact details, transaction requests and history to meet business and legal requirements. For more information about Metrobank, please read their Privacy Notice at https://www.metrobank.com.ph/privacy_policy.asp

RCBC

We use RCBC as our fulfilment partner in the Philippines. The information we provide them with is your personal details, contact details, transaction requests and history to meet business and legal requirements. For more information about RCBC, please read their Privacy Notice at https://rcbc.com/General/PrivacyPolicy

Safeguarding Measures

Asenso takes your privacy seriously and takes every reasonable measure and precaution to protect and secure your personal data. We work hard to protect you and your information from unauthorized access, alteration, disclosure or destruction and have several layers of security measures in place, including:

  • anti-virus/malware software
  • data encryption techniques
  • restricted access
  • cloud storage
  • disaster recovery
  • IT authentication
  • firewalls
  • high tech solutions
  • locked filing cabinets
  • alarms and door locks
  • secure passwords

How We Use Your Personal Data

Asenso Remit takes your privacy very seriously and will never disclose, share or sell your data without your consent; unless required to do so by law. We only retain your data for as long as is necessary and for the purposes specified in this notice. Where you have consented to us providing you with promotional offers and marketing, you are free to withdraw this consent at any time. The purposes and reasons for processing your personal data are detailed below:

  • To process your remittance transaction, improve your use of our website and for marketing purposes (see Marketing);
  • If you complete the registration process with us you confirm that all the information provided by you is accurate and complete. By providing your personal data to us, you consent to us using that information to carry out an identity verification assessment including checking the records held by Credit Reference Agencies (CRAs).
  • If we believe that any of the information you have provided is false or inaccurate or that your application involves fraud, details will be passed to the relevant fraud prevention agencies. Law enforcement agencies may access and utilise this information in order to prevent fraud, money laundering and other criminal offences;

Changes to our privacy policy

If you have any questions or comments about this privacy policy, or if you would like information about your rights to access personal data which we may hold, please contact:

Kabayan Capital (Canada) Inc
306 Wilson Ave,
North York, ON M3H 1S8, Canada
+14378862999
[email protected]

Kabayan Capital Ltd
Murdock House
30 Murdock Road
Bicester OX26 4PP, UK
020 3474 0999
[email protected]

Q. Limitations of Liability

  1. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

R. Dispute Resolution and Governing Law

  1. The Canadian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site and the use of our service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
  2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of Canada.

S. Entire Agreement

  1. This agreement contains the whole agreement between the parties in respect of the subject matter referred to and supersedes any previous understanding, arrangement or agreement between the parties. The parties have not relied upon any statement or misrepresentation which is not expressly incorporated into this agreement.

T. Severance

  1. No clause, sub clause or their relevant parts in this agreement may be held to be unenforceable or void except for the judgment of a court of competent jurisdiction. Should any clause, sub clause or part thereof be so held to be unenforceable or void the remaining clauses, sub clauses and their relevant parts shall remain in full force and effect to the extent that they are capable of remaining operative having taken account of the said court’s judgment.

U. No Third Party Rights.

  1. A person who is not a party to this agreement may not enforce any of its terms. Where any clause of this agreement entitles any person to enforce any term of this agreement the parties reserve the right to vary that term or any other term of this agreement without the consent of that person.