Terms and conditions

1. These terms and conditions together with the Remittance Application Form, and any applicable Customer Registration Form, constitute the entire agreement between you, (“the remitter”, “your”, “the sender”) and Kabayan Capital (Canada) Inc t/as Asenso Remit (“Asenso”,”us”, “we”,”our”) and describe the agreement between us each time you instruct us that you would like to use the money transfer services offered by Asenso on our website to remit funds from Canada to the Philippines.
2. By instructing us to carry out a Transaction on your behalf, you expressly agree to comply with and be bound by all the terms and conditions contained in the agreement.
3. We may amend, update or modify any of the terms and conditions in the Agreement at any time in our sole discretion and will inform you of such changes by posting the revised terms and conditions on our website.
4. Definitions :
   • “Agreement” together these terms and conditions and the Remittance Application Form.
   • “Beneficiary” means the recipient in the Philippines to whom you require us to transfer money specified in the instruction.
   • “Chargeback” means where you seek (and obtain) from your bank a refund of the amount that you have authorised and instructed us to debit from your bank account to pay for the Transaction Amount and the Service Fee.
   • “Customer Registration Form” means the customer information form used by Kabayan for initial and periodic customer identification and verification.
   • “Instruction” means a request to transfer money from Canada to the Philippines.
   • “Remittance Application Form” means the payment instruction form, completed by you, and which sets out the details of each Transaction.
   • “Remitter” means the person in Canada instructing Asenso to undertake a Transaction.
   • “Transaction” means the transfer of money from Canada to the Philippines.
   • “Transaction Amount” means the amount of the remittance that the remitter intends the receiver to receive and excludes all fees and charges applied by Asenso and any foreign exchange conversion that may apply.
   • “Service Fee” is the amount to be paid to Asenso in consideration of undertaking 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.
5. In consideration for each use of the money transfer service, you agree to pay us a service fee as specified in the link below. These fees may vary from time to time without notice and the exact fee for the service will be confirmed to you when you submit the Remittance Application Form. The basis of calculation and payment of the Transaction Amount and the Service Fee will be in Canadian Dollar (CAD). The exchange rate from Canadian Dollars to Philippine pesos will be provided to you when you submit a Remittance Application Form and will also be available on our website. The rate will change daily. Click here for Calculator tool to find out how much you will be charge

Please note:

In compliance with Canada and Philippines Anti-Money Laundering Regulations, we may require additional documents before we can process your transaction. Please call our local number +1(437)886-2999 Ontario, +1(587)287-2580 Alberta, +1(514)545-2701 Quebec, +1(204)202-9343 Manitoba, +1(778)775-9987 British Columbia for larger value transactions, over CAD 3,000 or up to CAD 10,000 or for any assistance.

1. By accessing the website and completing the Remittance Application Form and, where necessary, the Customer Registration Form you are instructing us to send the Transaction Amount to your nominated Receiver in the Philippines, subject always to the authorisation of Kabayan Capital (Canada) Inc t/as Asenso Remit who are registered with FINTRAC with registration number M17349927.
2. By applying to use the service you are confirming that you are at least eighteen (18) years of age and have the legal capacity to form a binding legal contract in the relevant jurisdiction.
3. By completing the Customer Registration Form, and each time you submit a Remittance Application Form, you represent to us that all funds associated with the service including payment of service fees are derived from and will be used for solely legitimate activities. You accept and agree that the use of funds derived from illegitimate activities and/or intended to be used for illegitimate activities is strictly prohibited and will place you in immediate breach of the Agreement and will negate any obligations on the part of Kabayan Capital.
4. For each Transaction that we carry out on your behalf, you will pay to us the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Remittance Application Form. If you submit a Remittance Application Form that results in us becoming liable for any unforeseen charges including but not limited to a Chargeback or other fees you agree to reimburse us for any and all such charges.
5. Payment of Service Charges and in relation to any funds necessary to effect a Transaction may be made through (i) a debit card issued by a Canadian financial institution which is authorised and regulated by the Office of the Superintendent of Financial Institutions (OSFI) or other Financial Regulators or by authorising a debit from an account held at a Canada based financial institution held under your name, which is authorised and regulated by the Office of the Superintendent of Financial Institutions (OSFI) or other Financial Regulators .
6. By submitting a Remittance Application Form, you authorise us to access, charge or debit Transaction Funds and Service Fees from any debit card or bank account that you specify. We will use this Remittance Application Form as evidence of your written instructions to perform a Transaction and your preferred payment method. If your payment fails or is insufficient, you authorise us to re-try one further time, using the same or a different payment instrument as provided by you.
7. We may at any time in our sole discretion modify or discontinue the Service without notice. We may refuse any Transaction or limit the amount to be transferred either on a per Transaction basis or on an aggregated basis.
8. We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for any number of legitimate reasons including but not limited to; our efforts to verify your identity or validate your payment instructions, to contact you, to comply with applicable law, availability of banking systems and variations in business hours and currency availability. In the event that any Transaction is cancelled by us before a Transaction is completed, we will return any money (including Service Fees) that we hold on your behalf to you without delay.

*Subject to bank status if online/offline.

1. Each time you use the Service you authorise us to submit Transactions on your behalf in accordance with your written instructions. We will continue to process all Transactions until you request us to stop. Transactions may be cancelled as long as payment has not been made to the Receiver. Cancellation requests received after payment has been made to the Receiver’s service provider may incur a cancellation fee (up to or including the amount of the Transaction in the event that you (i) cancel after funds have been issued to the Receiver and / or we are subject to a Chargeback).

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.

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)

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]

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.

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.

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.

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.

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.