The Kabayan Capital Group (“Kabayan”, “Group”, “we”, “us”) is comprised of the following companies:
The Kabayan Capital Group (“Kabayan”, “Group”, “we”, “us”) is comprised of the following companies:
In the United Kingdom:
Kabayan Capital Ltd, trading as Kabayan Remit, a company registered in England and Wales with company number 08111867 and a registered office at Eco Business Centre, Elmsbrook, Charlotte Ave, Bicester, England, OX27 8BL (“Kabayan UK”).
Kabayan UK is authorised and regulated in the United Kingdom by the Financial Conduct Authority (“FCA”) for the provision of payment services as an authorised payment institution (“API”), with Firm Reference Number 710792. Kabayan is also licensed and regulated as a money services business (“MSB”) by HMRC with Licence Number 12689111.
In Canada:
Kabayan Capital (Canada) Inc a company registered in Canada with company registration number 717420327 and a registered office at 1133 Meville Street, Suite 3500, The Stack, Vancouver, BC V6E 4E5 (“Kabayan Canada”).
Kabayan Canada is a money service business regulated by the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”), with anti-money laundering registration number M17349927. Kabayan Canada is a wholly owned subsidiary of Kabayan UK.
In the USA:
Kabayan Capital (USA) LLC is a company registered in Delaware in the USA with company registration number 5884030 and a registered head office at 18952 MacArthur Blvd Ste 100-18, Irvine, California, USA 92612 (“Kabayan US”).
The program and services provided by Kabayan US under these Terms are sponsored by Community Federal Savings Bank, to which Kabayan Capital US a service provider.
Kabayan is a recognised brand in the Filipino community and provides money remittance services to the Filipino community in the UK, Canada and the USA. Kabayan’s contact centre is based in Manila, Philippines.
Payments are taken via online banking or debit card only; no cash is accepted.
The purpose of these terms and conditions is to set out the framework agreement that applies between the relevant Kabayan company and each Remitter (as defined below). Together with:
these terms and conditions form the terms of the agreement between the Remitter and Kabayan (the “Terms”).
These Terms set out the relationship between Kabayan and each Remitter. These same Terms apply to all Remitters, regardless of the jurisdiction in which the Remitter is based, unless expressly provided or agreed otherwise.
These Terms and all communications between the Remitter and Kabayan shall be in English.
Our service allows Remitters to send money from the UK, Europe and North America to Beneficiaries in the Philippines.
Remitters must register, complete identity checks and establish a Profile with Kabayan before using the Services.
Remitters must pay for remittances using debit cards, transfers from bank accounts (including direct debits) but Kabayan will not accept payment in cash or by credit card.
Before sending funds, Kabayan will clearly display the Service Fees and exchange rate to the Remitter. These will be confirmed before the Remitter authorises payment.
Payments are usually made to Beneficiaries within 2 hours, but may take longer due to external factors.
1.1 In these Terms, the following definitions apply:
1.1.1 “Acceptable Use Policy” means the rules set by Kabayan that Remitters must comply with in order to use its money remittance services [that are available on its website at https://kabayanremit.com/acceptable-use-policy;
1.1.2 “App” means the “Kabayan Remit – Money Transfer” application made available by Kabayan through platforms such as Apple and Google and allows Remitters to complete Remittance Application Forms and use other services provided under these Terms;
1.1.3 “Beneficiary”means the recipient of funds in the Philippines nominated by the Remitter in the Remittance Application Form;
1.1.4 “Business Day” means any day other than a Saturday, Sunday, or a public holiday in the location where the relevant obligation is to be performed, on which banks are generally open for business in that location.
1.1.5 “Kabayan”, “we” or “us” can mean either the Group of companies set out at the start of these Terms or can mean the individual Kabayan entity that has entered into these Terms with a Remitter.
1.1.6 “Limit” means any or all of the limits that Kabayan has set for use of the Services, including limits on the value of Transactions, set out in the fees and limits section of its Website at: https://kabayanremit.com/pricing
1.1.7 “Login Details” has the meaning given to it in clause 4.2.1;
1.1.8 “Originating Currency” means the national currency of the country in which the Remitter resides which shall mean:
1.1.9 “Parties”means the Remitter and the member of Kabayan that has entered into these Terms with the Remitter;
1.1.10 “Party” means either or both the Remitter and the Group;
1.1.11 “Privacy Policy” means Kabayan’s privacy policy as detailed on its website at: https://kabayanremit.com/privacy-policy and includes one version for the USA and one for the UK and Canada;
1.1.12 “Remittance Application Form” means the payment instruction form, completed by the Remitter, which sets out the details of each Transaction;
1.1.13 “Remitter” means the natural person instructing Kabayan to execute a Transaction. The Remitter may also be referred to as “they” in these Terms. The Remitter may only be a natural person; Kabayan does not provide services to any entity other than natural persons;
1.1.14 “Remitter Registration Form” means the customer information form that Kabayan requires Remitters to complete and is used by Kabayan for initial and periodic customer identification and verification as may be required by law;
1.1.15 “Service Fee” is the amount to be paid by the Remitter to the Group in consideration of executing a Transaction and is payable by the Remitter in addition to the Transaction Amount, the exact amount of which is confirmed to the Remitter when they complete the Remittance Application Form. The Service Fee consists of several different elements which vary depending on various factors including the payment method, the Transaction Amount, promotional offers and other factors as indicated on the Website at: https://kabayanremit.com/pricing/;
1.1.16 “Service Provider” means a local bank or any other third-party service provider used in connection with each Transaction;
1.1.17 “Services” means the money remittance services provided by Kabayan including Transaction processing and such other services that Kabayan provides to the Remitter in order to give effect to these Terms;
1.1.18 “Terms” means these terms and conditions, the Acceptable Use Policy, the Privacy Policy, and, if applicable, the Remittance Application Form;
1.1.19 “Transaction” means the transfer of money from the Remitter to the Beneficiary in the Philippines;
1.1.20 “Transaction Amount” means the amount of the remittance that the Remitter intends the Beneficiary to receive excluding any Service Fees payable by the Remitter to Kabayan and any foreign exchange conversion that may apply; and
1.1.21 “Website” means Kabayan’s website accessible at: https://kabayanremit.com/.
2.1 By registering with Kabayan, as set out in clause 4, the Remitter agrees to be bound by these Terms.
2.2 The Kabayan entity that enters into these Terms with the Remitter shall be:
2.2.1 Kabayan Capital Ltd if the Remitter is resident in the United Kingdom or mainland Europe;
2.2.2 Kabayan Capital (Canada) Inc if the Remitter is resident in Canada; or
2.2.3 Kabayan Capital (USA) LLC if the Remitter is resident in the United States of America.
2.3 The Remitter warrants that:
2.3.1 they are at least eighteen (18) years of age;
2.3.2 they are a resident of the country they are registering as a customer of Kabayan in; and
2.3.3 are legally capable of accepting and agreeing to these Terms.
2.4 These Terms set out the framework agreement that applies between the Parties each time the Remitter instructs Kabayan to execute a Transaction on their behalf.
3.1 If you need to contact us in relation to these Terms you can do so by:
3.1.1 a) United Kingdom: +44 20 3474 0999;
b) Canada:
c) USA (Toll Free): +1 (866) 200-3109;
3.1.2 emailing Kabayan at: [email protected];
3.1.3 writing to Kabayan at the address of the relevant Kabayan entity set out below:
3.1.4 using the Kabayan App or Website at kabayanremit.com.
4.1 The Remitter must apply to use the Services by completing and submitting a Remitter Registration Form to Kabayan using the App or Website.
4.2 The Remitter hereby warrants that they have completed the Remitter Registration Form on their own account and not on behalf of anyone else. The Remitter acknowledges that Kabayan has legal obligations to comply with when entering into Terms with new Remitters and providing Services to them. The Remitter warrants that all the information and documentation provided during this process is genuine and accurate. Once Kabayan has reviewed the Remitter Registration Form and successfully completed checks on the Remitter it shall:
4.2.1 set up a profile (a “Profile”) for the Remitter which they can use to make Transactions through the App or Website. In setting up the Profile Kabayan shall provide login details to the Remitter so that they can access their Profile (the “Login Details”); and
4.2.2 confirm that it has entered into an agreement with the Remitter as set out in the Terms.
4.3.1 they shall only create one Profile;
4.3.2 if the Remitter creates, or attempts to create, another Profile, despite having an existing Profile, Kabayan may:
4.4 If any of the Remitter’s details, provided in the Remitter Registration Form, change the Remitter shall notify Kabayan of the change either by using the App or Website or by contacting Kabayan as soon as possible. For the avoidance of doubt the Remitter should do so if any of the following details change: the Remitter’s name, address, occupation, source of funds/wealth and contact details.
4.5 Kabayan shall use the Remitter’s information, which includes the Remitter’s personal data, to perform identity checks on the Remitter as set out in these Terms and in the Privacy Policy.
4.6 The Remitter shall not use the Profile or Services:
4.6.1 to make Transactions on behalf of third parties;
4.6.2 for illegal purposes;
4.6.3 in a way that could adversely impact our systems or Services and/or our ability to provide services to other customers of Kabayan; or
4.6.4 in a way that is contrary to any restriction or limit stated in these Terms, or otherwise in a way that is not expressly permitted by these Terms.
5.1 The Remitter shall ensure that they:
5.1.1 take all reasonable steps to keep Profile and Login Details safe at all times;
5.1.2 do not share Profile or Login Details with anyone;
5.1.3 do not keep their Login Details near a device they use to access their Profile;
5.1.4 log out of their Profile after using it;
5.1.5 only use devices to access their Profile that are safe and secure and have not been compromised;
5.1.6 regularly update software that is used to access the Profile and that such software is safe and secure;
5.1.7 ensure any email account used to access the Profile is safe and secure and not used by another person; and
5.1.8 change the password used to access the Profile regularly.
5.2 If the Remitter breaches clause 5.1.2, the Remitter shall be liable for the actions of any person they have shared their Profile and Login Details with and any instructions, including any Transactions and Service Fees incurred as a result of a Remittance Application Form, submitted by such a person will be deemed to be an instruction from the Remitter.
5.3 The Remitter must contact Kabayan immediately if they have concerns about the security of their Profile and Login Details or think their Profile may have been compromised or accessed by a third party.
5.4 In the event Kabayan has any concerns about the security of a particular Profile, or its associated Login Details, Kabayan reserves the right to take appropriate action to prevent any loss or compromise of its systems such as suspending the Profile and rejecting Remittance Application Forms.
6.1 Service Fees
6.2 The Remitter shall pay Kabayan the Service Fee and the Transaction Amount for each Transaction they wish to make.
6.3 The Service Fee payable by the Remitter for making a Transaction, together with the exchange rate from the Originating Currency to Philippine Peso (“PHP”), will be confirmed by Kabayan after the Remitter has entered the details of the Transaction they wish to make on a Remittance Application Form and before the Remitter authorises the Transaction by submitting the completed Remittance Application Form to Kabayan. Service Fees and exchange rates are locked at the point the Remitter submits the Remittance Application Form.
6.4 The Service Fee will be payable in the Originating Currency.
6.5 Limits
6.6 The Remitter agrees that the use of the Services is subject to Limits set out on its Website at: https://kabayanremit.com/pricing/, which includes limits in relation to the value of Transactions that the Remitter can make. The Remitter cannot make a Transaction if it would result in one or more Limits being exceeded.
6.7 In addition to the Limits, the Remitters in:
6.7.1 Canada are limited to sending a maximum of CAD 9,999.99 in any 24 hours period; and
6.7.2 The USA are limited to sending a maximum of USD 9,999.99 in any 24 hours period.
6.8 Kabayan may introduce new Limits or change existing Limits in accordance with these Terms.
7.1 Once a Remitter has been registered and has a Profile, they are able to submit Remittance Application Forms. By submitting a Remittance Application Form the Remitter is asking Kabayan to transmit the Transaction Amount to the Beneficiary.
7.2 How to Authorise and Withdraw Consent for a Transaction
7.3 Remitters can authorise a Transaction by submitting a correctly completed Remittance Application Form and confirming their approval online (either via the App or Website).
7.4 Once a Remitter has submitted a Remittance Application Form they cannot withdraw their consent for a Transaction unless it is a future dated Transaction or Kabayan has requested further information or otherwise indicated that they have not sent the Transaction.
7.5 Each time a Remitter submits a completed Remittance Application Form they warrant that:
7.5.1 They have done so on their own account;
7.5.2 they are instructing Kabayan to execute the Transaction on behalf of a third party;
7.5.3 they are not making a Transaction for any illegal purpose or in breach of the Acceptable Use Policy.
7.6 Payment
7.7 The Remitter shall make payment of the Transaction Amount and the Service Fee in the Originating Currency from an account in their name using one of the following payment methods:
7.7.1 debit card payment;
7.7.2 online money transfer; or
7.7.3 other payment from a bank account.
7.7.4 Kabayan does not accept payment in cash or by credit card or by a corporate or company card.
7.8 Time of Receipt of Remittance Application Forms
7.9 We shall deem the time of receipt of a Remittance Application Form as the time you submit it unless we require any further information from you in which case we will deem it as received when you have provided the information requested.
7.10 Authorisation of Transactions
7.11 Kabayan shall only execute a Transaction once it has reviewed and approved the Remittance Application Form at which point it shall deem the Transaction as authorised and shall ensure the Beneficiary receives the Transaction Amount no later than the Business Day after Kabayan has received and approved a Remittance Application Form and typically within 2 hours of approval by Kabayan of a Remittance Application Form.
7.12 Each time a Remittance Application Form is submitted, Kabayan reviews the parties, the Transaction and any other relevant factors (in compliance with regulatory obligations) to assess if the request produces any issues. It is only at the point where Kabayan agrees to accept the Remittance Application Form the request is deemed “approved” and the Transaction authorised.
7.13 Identity and Documentary Verification in relation to Transactions
7.14 The Remitter acknowledges that, when a Remitter Application Form has been submitted, they may be required to provide documents to confirm their own or the Beneficiary’s identity before a Transaction is approved or funds are sent. Kabayan reserves the right to request additional documentary evidence to establish the source of funds, source of wealth, rationale or reason for the Transaction or such other information as Kabayan may reasonably request in compliance with the laws, regulations, rules, and policies Kabayan is required to comply with.
7.15 Rejection of Request
7.16 The Remitter acknowledges that Kabayan may refuse to process a Transaction if:
7.16.1 the Remitter Application Form is incomplete or inaccurate or if it is required to do so in order to comply with these Terms, or any applicable local, national, or international law or regulation;
7.16.2 a third party, prevents Kabayan from processing the Transaction, such as a bank or other payment service provider Kabayan works with;
7.16.3 Kabayan has concerns about the security of the Profile;
7.16.4 a Transaction would mean that the Remitter would breach a Limit set out in these Terms;
7.16.5 it would be in breach of applicable law;
7.16.6 Kabayan has suspended the Remitter’s Profile in accordance with these Terms.
7.17 In the event that any Transaction is rejected or cancelled by Kabayan before being completed, the Transaction Amount and the Service Fee will be returned as soon as practicable to the account or payment instrument which was used to pay Kabayan.
7.18 Transaction – UK and Canada
7.19 Once a Remittance Application Form is accepted, Kabayan shall remit the Transaction Amount to the Beneficiary as instructed. It is Kabayan’s intention that any Transaction Amounts are delivered to the Beneficiary as soon as possible and this generally happens within 2 hours, however, Kabayan cannot guarantee this timescale, though delivery will take place within one Business Day of receipt of an approved Remittance Application Form at the latest unless additional information is required or the Transaction is rejected in accordance with these Terms.
7.20 Kabayan has many Service Providers helping to execute transactions (in particular banks) and Kabayan is unable to influence the speed at which the Service Providers process Transactions; Kabayan will endeavour to ensure prompt processing of Transactions, but this is not always possible and Transactions may take up to 2 Business Days to be processed. This is not common and it is always Kabayan’s intention that a Transaction is fulfilled as fast as possible and it works tirelessly to ensure fast and safe remittance of funds.
7.21 Transaction – USA
7.22 Kabayan aims to facilitate the processing of the Remittance Application Form forwarded by the Remitter and undertakes, once accepted, to remit the Transaction Amount to the designated Beneficiary at the earliest possible opportunity.
7.23 The Remitter acknowledges that the processing and/or fulfilling of a Remittance Application Form may be delayed due to, but not limited to, force majeure, variations in bank clearing and corporate hours, currency availability, compliance with existing regulations, or for other reasons which are beyond the control of the Group.
8.1 All Transactions made by a Remitter can be viewed, together with the related Service Fees, by the Remitter at any time either on the Website or App. Kabayan shall confirm details of Transactions to the Remitter immediately after they have been processed and the Remitter can check these details at any time by logging onto their Profile on the App or Website.
8.2 The Remitter can also view and update Profile information using the Website or App including changing the details of Remitter.
8.3 The Remitter can view a copy of these Terms at any time on the App or Website at: https://kabayanremit.com/terms-and-conditions.
9.1 Kabayan warrants that it has all necessary authorisations, licences, registrations, permissions and consents with all the appropriate authorities to enable it to provide the Services in the jurisdictions in which it operates.
9.2 Kabayan warrants that the relevant Kabayan entity has all necessary authorisations, licences, registrations, permissions and consents with the appropriate authorities to provide Services in the jurisdiction in which it operates, including but not limited to:
9.2.1 Kabayan Capital Ltd (UK): Authorised and regulated by the FCA (Reference number 710792); MSB License Number: 12689111 (HMRC);
9.2.2 Kabayan Capital (Canada) Inc: Money Service Business regulated by FINTRAC (AML number M17349927);
9.2.3 Kabayan Capital (USA) LLC: Registered entity, program sponsored by Community Federal Savings Bank.
10.1 Remitter provides Kabayan with incorrect information for a Transaction. If the Remitter provides incorrect, inaccurate or incomplete information in a Remittance Application Form:
10.1.1 Kabayan may not be able to allow you to change details of a Transaction after it has accepted a Remittance Application Form, but the Remitter may be able to cancel a Transaction is it has not already been sent;
10.1.2 the Transaction Amount may go to a person other than the intended recipient and it may not be possible to get it back from them;
10.1.3 Kabayan will attempt to refund you the Transfer Amount but this is not guaranteed and Kabayan may need to charge an additional fee for recovery, such fee being limited to the amount of direct loss incurred by Kabayan in needing to take such action to resolve the issue created by the incorrect information being provided by the Remitter; and
10.1.4 Kabayan shall not be liable to the Remitter for any losses they suffer as a result of the Transaction due to the incorrect information being provided by the Remitter.
10.2 Remitter must inform Kabayan of issues with Transactions including unauthorised Transactions. The Remitter must notify Kabayan if they identify an issue with a Transaction. If the Remitter thinks a Transaction is unauthorised or was executed incorrectly, the Remitter must notify Kabayan as soon as possible, and in any event within 13 calendar months of becoming aware of the issue. If the Remitter does not notify Kabayan within this timeframe, Kabayan may not be able to assist the Remitter or issue a refund to them. The Remitter should contact Kabayan using the contact details set out in clause 3. The Remitter may need to provide information about the Transaction and intended Beneficiary as well as any additional information that Kabayan may reasonably need to investigate the issue.
10.3 Correcting errors with Transactions. Kabayan will review the Transaction and information provided by the Remitter to determine if an error occurred. If Kabayan determines that an error was made, it will promptly rectify the error and inform the Remitter of the action taken.
10.4 If Kabayan determines there was no error it shall notify the Remitter of its decision and the Remitter shall not be entitled to a refund.
Unauthorised Transactions. Kabayan shall refund an unauthorised Transaction and the associated Service Fee promptly, and at the latest by the end of the Business Day following the Business Day on which the Remitter notified Kabayan of the unauthorised Transaction. Kabayan shall not refund the Remitter if the Remitter:
10.4.1 should have been aware of the loss, theft or unauthorised use of their Profile, in which the Remitter shall pay up to the first £35 of the unauthorised Transaction. However, the Remitter shall not need to pay this if the unauthorised Transaction was caused by Kabayan’s (or a third party acting on Kabayan’s behalf) action, Kabayan’s failure to act, or the Transaction was processed after the Remitter notified Kabayan that their Profile has been compromised or used to make unauthorised Transactions; or
10.4.2 acted fraudulently, with intent or with gross negligence in which case the Remitter shall be responsible for losses incurred.
10.5 What Kabayan is not responsible for. Kabayan is not responsible for losses the Remitter suffers that are not its fault, or happen because:
10.5.1 of an issue with third parties involved in sending Transactions to Beneficiaries;
10.5.2 Kabayan cannot process a Transaction because the Remitter provided incorrect information.
10.6 Delayed Transactions. A Transaction be delayed, or not processed, if:
10.6.1 the Remitter fails to pay Kabayan the Transaction Amount and Service Fee for a Transaction or the payment is subsequently reversed;
10.6.2 Kabayan needs to verify the Remitter’s identity, requires additional information about the Transaction or Beneficiary, carry out fraud checks;
10.6.3 it is necessary to do so in order to comply with laws and/or manage financial risk;
10.6.4 Kabayan has concerns about the security of the Remitter’s Profile or actions; or
10.6.5 a financial institution involved in the process of sending the Transaction to the Beneficiary needs to carry out checks on the Beneficiary.
10.7 What happens if a Beneficiary does not collect the Transaction Amount? If the Beneficiary does not collect or receive the funds with 7 Business Days of the funds being sent, Kabayan shall cancel the Transaction and refund the Transaction Amount, subject to exchange rates, to the Remitter. The Service Fee associated with the Transaction shall not be refunded in the event a Beneficiary does not collect or receive funds.
11.1 Except where prohibited or restricted by applicable law, Kabayan excludes all conditions, warranties and terms which may be implied by statute, common law or equity provided that nothing in this agreement shall exclude or restrict any statutory rights that you may have as a consumer that cannot lawfully be excluded or restricted.
11.2 Furthermore, Kabayan shall not be liable for any delay or failure to process a Remittance Application Form due to circumstances beyond Kabayan’s reasonable control, including but not limited to, electrical or telecommunication disruptions, natural disasters, civil disturbances, or any lawful order issued by duly constituted authorities in the jurisdiction where the Remitter Application Form is executed. However, Kabayan will take reasonable steps to minimize the impact of such events.
11.3 Nothing in these Terms excludes or limits Kabayan’s liability for:
11.3.1 death or personal injury caused by Kabayan’s negligence;
11.3.2 any fraudulent misrepresentation; or
11.3.3 any other liability which cannot be excluded or limited under applicable law.
12.1 A Remitter may close their Profile and end these Terms at any time, without charge, by contacting Kabayan using the contact details set out in clause 3, subject to the retention of any data or information required by applicable law or regulation.
12.2 Kabayan may close a Remitter Profile, and terminate these Terms, in the event the Profile has been inactive for a continuous period of at least six (6) calendar months. Kabayan shall notify the Remitter if it intends to do so.
12.3 Kabayan has the right to suspend and/or terminate the Profile of a Remitter and these Terms immediately if:
12.3.1 the Remitter has broken this Terms;
12.3.2 Kabayan has concerns about the security of the Profile and/or the Remitter’s use of the Services;
12.3.3 the Remitter has not paid one or more Fees that it owes Kabayan;
12.3.4 Kabayan has rejected one or more Transactions in accordance with clause 7.16;
12.3.5 the Remitter has not provided Kabayan with information it has requested as under clause 7 or such information is inaccurate, expired or incomplete;
12.3.6 the Remitter has been declared bankrupt or insolvent, is being wound up, or a special mediator or insolvency administrator is nominated to initiate rehabilitation or liquidation proceedings in relation to the Remitter or a similar event is taking place;
12.3.7 the Remitter has communicated false information to Kabayan or third parties;
12.3.8 the Remitter engages in illegal activity including, but not limited to, the commission of offences relating to money laundering or financing of terrorism;
12.3.9 the Remitter is abusive towards, makes threats to, or acts in any way which is offensive to any employee or representatives of Kabayan;
12.3.10 Kabayan is required to do so by:
12.3.11 changes are made to applicable law, or a regulator makes changes to its rules or guidance, that mean Kabayan can no longer provide Services to the Remitter;
12.3.12 partners that Kabayan work with in order to provide services to the Customer are no longer able to provide services to Kabayan; or
12.3.13 Kabayan reasonably believes that it would adversely impact its business and/or reputation if it did not.
13.1 These Terms are 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 any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
14.1 If the Remitter has a question, issue, or complaint about the Services they should contact Kabayan either by email to [email protected] or by contacting the Kabayan customer service hotline at:
UK: +44 20 3474 099
14.2 Kabayan has a complaints handling policy (the “Complaints Handling Policy”) set out on its website at: https://kabayanremit.com/help-center/handling-complaints.
14.3 Kabayan aims to resolve any issues or complaints as soon as possible and in any event as set out in its Complaints Handling Policy.
14.4 If the Remitter is not happy with the final response provided by Kabayan, they may be able to refer their complaint as follows:
United Kingdom: Financial Ombudsman Service
Address: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR
Website: https://www.financial-ombudsman.org.uk/contact-us/complain-online
Email: [email protected]
Telephone: +44 800 023 4567
Canada: Financial Consumer Agency of Canada (FCAC)
Address: Financial Consumer Agency of Canada, 427 Laurier Avenue West, 6th Floor, Ottawa, ON K1R 1B9
Website: https://www.canada.ca/en/financial-consumer-agency/services/complaints.html
Email: [email protected]
Telephone: +1-866-461-3222
United States: Community Federal Savings Bank (CFSB), our financial institution partner
Address: Community Federal Savings Bank, 89-16 Jamaica Avenue, Woodhaven, NY 11421
Website: https://www.cfsb.com/contact
You may also be entitled to submit your complaint to the Consumer Financial Protection Bureau (CFPB) at https://www.consumerfinance.gov/complaint/ or by calling +1-855-411-2372.
15.1 Kabayan may may amend these Terms by providing notice in writing to the Remitter’s email address, as provided by the Remitter on the Remitter Registration Form or updated by the Remitter from time to time, at least two months prior to the changes taking effect.
15.2 If the Remitter is not happy with the proposed changes the Remitter is entitled to terminate the Terms before the changes take effect by notifying Kabayan using the contact details in clause 3.
15.3 If the Remitter does not contact Kabayan by the date the changes are due to take effect, the Remitter will be deemed to have accepted the changes.
15.4 If Kabayan is required by applicable law or a regulator to change the Terms, or any part of it, immediately:
15.4.1 the changes will be deemed to have been made to the Terms immediately, or as soon as required by applicable law;
15.4.2 Kabayan shall notify the Remitter of the changes as soon as possible; and
15.4.3 Kabayan shall not be required to provide two months’ notice to the Remitter.
16.1 If Kabayan does not enforce any of its rights under these Terms this shall not constitute a waiver of the rights. No waiver of these Terms shall be effective unless it is made in writing and signed by the Remitter and Kabayan.
17.1 In the event any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the remainder of these Terms, which shall continue in force.
18.1 These Terms shall be subject to and interpreted in accordance with the laws of the country in which the Remitter has registered for Kabayan’s Services:
18.1.1 For Remitters registered with Kabayan in the United Kingdom, the laws of England and Wales shall apply and the Parties irrevocably submit to the jurisdiction of the courts of England and Wales;
18.1.2 For Remitters registered in Canada, with the exclusion of Quebec, the laws of Ontario and the relevant federal laws of Canada shall apply and the Parties irrevocably submit to the exclusive jurisdiction of the courts in the province of Ontario;
18.1.3 For Remitters registered in the province of Quebec in Canada, the laws of Quebec and the relevant applicable federal laws of Canada shall apply and the Parties irrevocably submit to the exclusive jurisdiction of the courts in the province of Quebec; and
18.1.4 For Remitters registered in the United States, the laws of the State of New York shall apply and the Parties irrevocably submit to the jurisdiction of the courts of the State of New York.