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”).

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

These Terms shall be subject to and interpreted in accordance with the laws of England and Wales. The Parties irrevocably submit to the jurisdiction of the courts of England and Wales.

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 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.

O. Regulation

  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.

P. Privacy Policy

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.

Information that we collect

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.

The personal data that we collect from is:

  • Name
  • Date of Birth
  • Gender
  • Occupation
  • Source of Income
  • Address
  • Mobile Number
  • Email

We collect information in the below ways:

  • Directly from you when you complete one of the application forms available during events/trade shows and/or on our website or by contacting us through email, SMS, 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;

How We Use Your Personal Data

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:

  • 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 Data Protection Act 1998.

Marketing

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.

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.

Your Rights

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

  • What personal data we hold about you
  • The purposes of the processing
  • The categories of personal data concerned
  • The recipients to whom the personal data has/will be disclosed
  • How long we intend to store your personal data for
  • If we did not collect the data directly from you, information about the source
  • If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we will strive to correct it as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.

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.

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. 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.

Experian Limited

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

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

Reviews.co.uk

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

TPS Services

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

Sanction Scanner

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.

ShuftiPro

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/

Safeguarding Measures

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

Transfers Outside the EU

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:

Marketing Database: Sendinblue

Fulfillment of remittance request: Metrobank, RCBC

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.

Consequences of Not Providing Your Data

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.

Legitimate Interests

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.

How Long We Keep Your Data

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.

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

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 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.

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.