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 Ltd t/as Kabayan Remit (“Kabayan”,”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 Kabayan on our website to remit funds from the UK 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 the UK 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 the UK instructing Kabayan to undertake a Transaction.
   • “Transaction” means the transfer of money from the UK to the Philippines.
   • “Transaction Amount” means the amount of the remittance that the remitter intends the beneficiary to receive and excludes all fees and charges applied by Kabayan Capital and any foreign exchange conversion that may apply.
   • “Service Fee” is the amount to be paid to Kabayan 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 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 UK pounds sterling. The exchange rate from pounds sterling to Philippine pesos will be provided to you when you submit a Remittance Application Form and will be 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

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 Beneficiary in the Philippines, subject always to the authorisation of Kabayan Capital Ltd t/as Kabayan Remit by the Financial Conduct Authority to act as an Authorised Payment Institution in the United Kingdom.
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 UK financial institution which is authorised and regulated by the Financial Conduct Authority or by authorising a debit from an account held at a UK based financial institution held under your name, which is authorised and regulated by the Financial Conduct Authority.
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 Beneficiary. Cancellation requests received after payment has been made to the Beneficiary’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 Beneficiary 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 Beneficiary 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 UK anti- money laundering legislation (ii) the Proceeds of Crime Act and (iii) the Terrorism Act (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 beneficiary will only act on your own behalf. You may not transmit or receive funds on behalf of a third person.

1. Kabayan Capital is a Money Service Business regulated by HM Revenue and Customs (HMRC) and registered for Money Laundering Regulations number 12689111. Kabayan Capital is registered with the Financial Conduct Authority, under the Payment Services Regulations, 2017 (PSD2), for the provision of payment services. Authorised Payment Institution (API) Reference number 710792.
2. If you are dissatisfied with the service please follow the complaint procedures detailed here.

Who We Are

Kabayan Remit (‘we’ or ‘us’ or ‘our’) gather and process your personal information in accordance with this privacy notice and in compliance with the relevant data protection Regulation and laws. This notice provides you with the necessary information regarding your rights and our obligations, and explains how, why and when we process your personal data.

Kabayan Remit’s registered office is at Eco Business Centre, Elmsbrook, Charlotte Ave, Bicester, Oxfordshire OX27 8BL and we are a company registered in England and Wales under company number 08111867. Our website is www.kabayanremit.com. We are registered on the Information Commissioner’s Office Register registration number ZA031287, and act as the data controller. Our designated Responsible Person for the organisation is Simon Roberts, who can be contacted at Eco Business Centre, Elmsbrook, Charlotte Ave, Bicester, Oxfordshire OX27 8BL / 02034740999.

Kabayan Remit processes your personal information to meet our legal, statutory and contractual obligations and to provide you with our products and services. We will never collect any unnecessary personal data from you and do not process your information in any way, other than as specified in this notice.

Kabayan 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:

By completing and/or opting in to one of our printed registration forms or online forms, you agree that Kabayan may use your personal data to contact you by e-mail, text message or telephone call 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 contacting us over the phone.

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.

You have the right to access any personal information that Kabayan Remit processes about you and to request information about:

You also have the right to request erasure of your personal data or to restrict processing in accordance with the data protection laws; as well as to object to any direct marketing from us; to exercise your data portability rights, and to be informed about any automated decision-making we may use i.e. ID Verification.

If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the request; this is to ensure that your data is protected and kept secure.

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. Kabayan 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.

We use Experian Limited as our identity verification agency and for anti-money laundering. The information we provide them with is your personal details and contact details to meet business and legal requirements.
For more information about Experian Limited Technologies, please read their Privacy Notice at https://www.experian.co.uk/legal/privacy-statement.html

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

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

We use Reviews.co.uk platform to collect and publish our customers’ reviews. The information we provide them with is your full name, e-mail address, and unique customer ID number as registered with Kabayan to ensure the reviews are genuine. Please read their Privacy Notice at https://www.reviews.co.uk/front/user-privacy-policy

We use TPS Services to carry out Telephone Preference Service screening. The information we provide them with is your mobile number to complete the check against Telephone Preference Service registers. Please read their Privacy Policy at http://www.tpsservices.co.uk/privacy-policy.aspx

We use Sanction Scanner to screen against PEP, Sanctions and Adverse data lists in order to comply with UK 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://sanctionscanner.com/privacy-and-policy.

We may use the Shufti Pro document and facial verification services to assist us in verifying registering customers as part of our customer identity verification. Please read their privacy policy at https://shuftipro.com/privacy-policy/

Kabayan Remit 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 unauthorised 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

Personal data in the European Union is protected by the General Data Protection Regulation (GDPR) but some other countries may not necessarily have the same high standard of protection for your personal data. Kabayan Remit utilises some services that may be hosted/stored in United States and Philippines, which means that we may transfer any information which is submitted by you through the website outside the European Economic Area (“EEA”) for the below purposes:

Therefore, when you use our website/ sign up for marketing, the personal information you submit may be stored on servers which are hosted in United States and Philippines. Where this is the case, we will take steps to ensure that those providers use the necessary level of protection for your information and abide by strict agreements and measures set out by Kabayan Remit to protect your data and comply with the relevant data protection laws.
Fulfillment partners contact details as above.

You are not obligated to provide your personal information to Kabayan Remit, however, as this information is required for us to provide you with our services/legitimate interests, we will not be able to offer some/all our services without it.

As noted in the ‘How We Use Your Personal Data’ section of this notice, we process your personal information under the legitimate interests’ legal basis. Where this is the case, we have carried out a thorough Legitimate Interests’ Assessment (LIA) to ensure that we have weighed your interests and any risk posed to you against our own interests, ensuring that they are proportionate and appropriate.

We use the legitimate interests’ legal basis for processing your remittance requests and informing you of any applicable updates and have identified that our interests are to fulfill your remittance request and keep you updated.

Kabayan Remit only ever retains personal information for as long as is necessary and we have strict review and retention policies in place to meet these obligations. We are required under UK tax law to keep your basic personal data (name, address, contact details) for a minimum of 6 years after which time it will be destroyed.
Where you have consented to us using your details for direct marketing, we will keep such data until you notify us otherwise and/or withdraw your consent.

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 Ltd t/as Kabayan Remit
Eco Business Centre
Elmsbrook,
Charlotte Ave,
Bicester, Oxfordshire
OX27 8BL
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 English 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 England and Wales.

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 judgement 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 judgement.

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.