These Terms of Use (hereinafter referred to as the "Terms of Use") are entered into by and between KABAYAN International, Inc. ("KABAYAN"), as a Type II Funds Transfer Service Provider under the Act on Funds Settlement ("Funds Settlement Act"), and these Terms of Use ("Terms") apply to customers who use the Mobile APP (including apps that KABAYAN may introduce in the future). KABAYAN shall apply to customers who use the Funds Transfer Service via Mobile APP (including apps that KABAYAN may introduce in the future), and customers shall use the Funds Transfer Service upon agreeing to these Terms and Conditions.
1.1 Before using the Services, the User shall read these Terms of Use carefully, and if the User has any objection, the User shall notify KABAYAN or discontinue use of the Services before using the Services. Your use of the Service constitutes your acknowledgement that you have read, understood, and agreed to all of the terms and conditions of this Agreement.
1.2 KABAYAN may modify or change the Terms at any time. Modified Terms shall become effective 30 days after publication on KABAYAN App, but shall become effective immediately if the User uses the Service without objection within 30 days of the publication of the modification or change of these Terms. If you have any objection to the modified or amended Terms, you must notify KABAYAN before using or discontinuing use of the Service. Your continued use of the Service after any modification or change to these Terms constitutes your acknowledgement that you have read, understood, and agreed to the modified or amended Terms.
In using the Service, customers shall apply for membership registration in accordance with the procedures prescribed by the Company upon agreeing to the Terms and Conditions. The Company shall designate as registered members those customers who have applied for membership registration and who are deemed appropriate by the Company, and shall verify the identity of customers in accordance with the procedures prescribed by the Company under the "Act on Prevention of Transfer of Criminal Proceeds," the "Act on the Use of Personal Identification Numbers for Administrative Procedures" (the "My Number Act"), and the "Act on Remittance of Foreign Currency Transfers, etc. for Securing Proper Taxation of Inland Taxes. In accordance with the "Act on the Use of Personal Identification Number to Identify Specific Individuals in Administrative Procedures" ("the My Number Act") and the "Act on the Submission of Reports on Foreign Remittances, etc. for the Purpose of Ensuring Proper Taxation of Domestic Taxes", we will confirm the personal number (My Number) of the registered member through the procedures prescribed by us.
If deemed necessary, we may contact the registered member by phone, email, social media account, App push notification, or other means. We may also request the registered member to resubmit necessary documents to reconfirm their identity. The registered member agrees to these actions in advance.
In the event that the Company is unable to contact a registered member in accordance with the preceding paragraph, or if the registered member fails to respond to a request for the submission of required documents, or if the Company is unable to properly verify the identity of the registered member, the Company may cancel the registration of the registered member.
The Company may complete the membership registration process upon confirmation of the registered member's personal identification number and identity. In such a case, the Company shall notify the registered member of the completion of the membership registration process through in-person communication, email, registered mail to the member's address, or an app notification.
Even if the membership registration process is completed, the Company may terminate the membership registration or suspend the provision of the Service if the registration process is found to be incomplete.
The contract period of membership registration is until the expiration date of the official identification document presented at the time of confirmation at the time of transaction, as stipulated in the Remittance Transaction Rules (Cancellation of membership registration 2. 5) Cancellation if a member has not used our services for more than one(1) year. Members must again submit a copy of the various official documents renewed to the Company for verification in order to extend the term of their registration.
Each user shall have one account, and the right to use the Service may not be transferred, pledged, lent, or inherited by a third party.
Members may register up to 8 individuals and up to 8 corporations (corporations with verifiable effective control) as beneficiaries.
Face-to-Face Identification
The Company shall verify the identity of registered members who come to the store to make a remittance request, etc., by using official documents (limited to those with a photograph, which the Company has designated as identity verification documents) presented by the member. The Company shall verify the identity of registered members who come to the store to request money transfers, etc., using the official documents (limited to those with a photograph, which the Company has designated as identity verification documents) presented.
Identification Through Non-Personal Transactions
In the case of a remittance request made by telephone, the Company shall verify the identity of the registered member by asking questions regarding the member's personal information as reported by the registered member. In the case of a Mobile APP remittance request, the Company shall verify the identity of the registered member for each transaction by checking the password entered when logging into the Company's service site against the password previously set by the customer and confirming that they match.
Reconfirmation of Identity (etc., to be performed as necessary)
The Company may request registered members to submit the necessary documents specified by the Company again if the Company deems it necessary to verify their identity in accordance with the "Act on Prevention of Transfer of Criminal Proceeds," the "Act on the Use of Personal Identification Number in Administrative Procedures" ("the My Number Act"), the "Act on the Submission of Reports on Foreign Remittances to Ensure Proper Taxation in Japan," or other related laws and regulations. In cases where identification verification is required by related laws and regulations, or when the Company deems it necessary, the Company may request the submission of the required documents specified by the Company again. If these required documents are not submitted in the manner specified by the Company (including cases where mail sent by the Company to a member's registered address fails to arrive and is returned to the Company, cases where the Company is unable to contact a member despite attempts to do so, and other cases where the Company is unable to properly verify the identity of a registered member) The Company may, at its discretion, suspend all or part of a registered member's transactions or terminate the member's registration. The Company shall not be liable for any damages resulting from this.
Registered members shall immediately notify the Company of any changes in name, address, telephone number, e-mail address, place of employment, or any other notifiable information, or if there are any changes, in the manner prescribed by the Company. The Company shall not be liable for any damages incurred by the registered member as a result of such changes before the Company has completed the necessary change procedures for the notified details.
If a registered member changes his/her submitted information, the Company will verify his/her identity as stipulated in Article 4.3 as necessary.
The Company shall not be liable for any damages incurred by registered members due to incomplete information or failure to follow the procedures for changing the submitted information.
Registered members agree that when we make notices or announcements to them in accordance with these rules, such notices or announcements will be posted on our storefront, on our website, by short message service (SMS), by e-mail, by mail, social media account, App push notification, or by other means.
In the event that the Company sends a notice to a registered e-mail address, telephone number, mailing address, or by App push notification, the registered member agrees that the notice shall be deemed to have arrived when it should have arrived, even if it is delayed or fails to arrive due to communication circumstances, incomplete or unchanged registration information, or other reasons beyond the Company's control. The registered member agrees that the notice shall be deemed to have arrived at the time when it should have arrived.
The Company may stop, suspend, or interrupt the provision of the Service in whole or in part due to system maintenance or other reasons related to the provision of the Service.
In the event of suspension of the Service, etc., the Company shall post a notice to that effect on the Company's storefront and on the Company's website. However, in the event of a system failure or other emergency that the Company deems urgent, the Company may stop, suspend, or interrupt all or part of the Service without prior notice.
Registered members may not assign, lend, pledge, or otherwise create third-party rights with respect to their transactional status with the Company or any other rights related to transactions with the Company, nor may they allow a third party to use their rights.
The "Law Concerning Prevention of Transfer of Criminal Proceeds" and various other applicable laws and regulations in Japan prohibit us from doing business with certain countries, organizations, and individuals. In addition, the Company will not engage in any transactions with persons who are deemed to be antisocial forces, and will not accept any violent demands or unreasonable demands beyond its legal responsibility from antisocial forces.
We screen all transactions against lists provided by the governments of the countries and regions where we do business and against lists of anti-social forces. If we discover a transaction that may match a list, we may request additional identification and any other information or documents we deem necessary from the registered member. This may result in a delay or refusal to provide the Service. Registered members may not make any objection to the Company for such delay or discontinuation of the service, and may not make any claim for compensation for damages or any other cause.
Registered Members using the Service must represent and warrant that they are not any of the following :
(1)Members of organized crime syndicates, etc.
(a)Boryokudan (means an organization that is likely to encourage members of the organization (including members of the organization's constituent organizations)) to commit violent torts, etc. collectively or habitually (means an organization that is likely to encourage the collective or habitual commission of violent and unlawful acts, etc. by the members of the organization (including members of the organization (including members of the organization's constituent organizations)). The same shall apply hereinafter).
(b)Bouryokudanin (meaning a member of a Bouryokudan. The same shall apply hereinafter).
(c)A person for whom five(5) years have not passed since he/she ceased to be a gangster.
(d)Boryokudan quasi-organized crime syndicate members (refers to persons, other than Boryokudan members, who have a relationship with Boryokudan and are likely to engage in violent and illegal acts with the power of Boryokudan, or persons who cooperate or participate in the maintenance or operation of Boryokudan by supplying funds, weapons, etc. to Boryokudan or Boryokudan members). The same shall apply hereinafter)).
(e)Boryokudan-related companies (refers to companies in which Boryokudan members are substantially involved in the management, companies managed by Boryokudan quasi-constituents or former Boryokudan members that actively cooperate or participate in the maintenance or operation of Boryokudan by providing funds to Boryokudan, or companies that actively use Boryokudan in the conduct of business, etc. and cooperate in the maintenance or operation of Boryokudan. (This term refers to companies that actively use organized crime groups in the conduct of their business and cooperate in the maintenance or operation of organized crime groups.))
(f)General assembly dealers, etc. (refers to persons who threaten the safety of citizens' lives because they are likely to engage in violent and illegal acts in pursuit of illicit gains for companies, etc., such as general assembly dealers, corporate racketeers, etc.)
(g)Social activities activities (a person who, under the guise of or in the guise of social or political activities, is likely to engage in violent or illegal acts in pursuit of illicit gains and who poses a threat to the safety of citizens).
(h)Special Intelligence Boryokudan (a group or individual, other than those listed in (a) through (f) above, that uses its power or has financial ties with a Boryokudan, and is at the core of structural injustice).
(i)Other persons equivalent to (a) through (c) above.
(2)Other Parties Involved
(a)A person falling under (a) through (f) above (hereinafter referred to as "Bouryokudanin, etc.") A person who falls under (a) through (f) above (hereinafter referred to as a "Boryokudanin, etc.").
(b)A person who has a relationship with a Bouryokudanin, etc. that is deemed to be substantially involved in the management of the company.
(c)A person who has a relationship with a Boryokudanin, etc. that is deemed to involve unjustified use of the Boryokudanin, etc., such as for the purpose of making unjust profits for oneself, one's own company or a third party, or for the purpose of causing damage to a third party.
(d)A person who has a relationship with a Boryokudanin, etc. that is deemed to involve unjustified use of the Boryokudanin, etc., such as for the purpose of making unjust profits for oneself, one's own company or a third party, or for the purpose of causing damage to a third party.
(e)A person who has a socially reprehensible relationship with a Bouryokudanin, etc., as an officer or a person substantially involved in the management of the company.
If a registered member violates the preceding paragraph, the Company may immediately terminate all or part of the membership registration or contract without notice or any other procedures.
If a registered member suffers damages due to a breach of the representations and warranties in Paragraph 3 of this Article, the Company may demand compensation for such damages from the registered member, regardless of whether or not the contract is terminated in accordance with the preceding paragraph.
If a registered member wishes to terminate use of the service, he/she may cancel his/her membership at any time by following the procedures prescribed by the company. No fee will be charged for cancellation of membership.
If any one of the following events occurs, the Company may immediately suspend all or part of the service or terminate the membership registration without prior notice to the registered member. The Company shall not be liable for any damages incurred by the registered member as a result of the suspension of the service or termination of membership. The Company may not be able to provide the reason for suspension of all or part of the service or termination of membership to registered members.
(1)When there is a suspension of payment or a petition for bankruptcy proceedings, civil rehabilitation proceedings, specified conciliation proceedings, or private liquidation proceedings is filed.
(2)When an order or notice of provisional seizure, provisional seizure or seizure has been sent.
(3)At the time of commencement of inheritance.
(4)When a registered member's whereabouts become unknown.
(5)When a registered member has not used the service for more than one(1) year.
(6)When the official identification documents presented by the registered member to the Company have expired.
(7)When this service is used, or is deemed likely to be used, for activities that violate laws and regulations or public order and morals.
(8)When it becomes clear that the registered member does not exist, or when it becomes clear that the member was registered without the registered member's intention.
(9)When it is revealed that the information reported by a registered member is false, or when it is revealed that the materials submitted by a registered member are not authentic.
(10)When it becomes clear that a registered member is using the Service by impersonating another person.
(11)In the event that the required documents are not submitted despite repeated requests for re-confirmation of identity, etc. (including cases where the registered member does not contact the Company by the date specified by the Company, where the notice requesting submission is returned to the Company due to non-delivery of the notice sent to the address provided by the registered member, and where the registered member cannot be contacted at the telephone number provided by the registered member, etc.) In the event that the Company is unable to contact the registered member.
(12)When a registered member violates the Terms and Conditions or any of the transaction rules, or falls under any of the other reasons for termination of the Terms and Conditions for each transaction with the Company.
(13)In accordance with the "Act on Prevention of Transfer of Criminal Proceeds," if a registered member refuses to cooperate with an interview or submit documents supporting the results of the interview in order to monitor transactions, or if the member does not submit supporting documents (including cases where the member does not contact the Company by the date specified by the Company, cases where a notice requesting submission of documents sent to the registered member's address is returned to the Company due to non-delivery, and cases where the registered member's telephone number cannot be reached, etc.) (This includes cases where the registered member does not contact the Company by the date specified by the Company, where the notice requesting submission is returned to the Company due to non-delivery of the notice sent to the registered member's address, and where the registered member cannot be reached at the telephone number provided by the registered member.)
(14)In addition to the preceding items, when the Company reasonably determines that a reasonable cause has arisen that necessitates suspension of the Service.
In the event that an auxiliary, conservatorship, or guardianship is commenced against a registered member based on a family court trial, or a voluntary guardianship supervisor is appointed, please promptly notify us in writing of the name of the adult guardian or voluntary guardianship supervisor and other necessary information. In addition, if there is any change in these circumstances, or if such circumstances already exist, please notify us promptly in the same manner. The Company shall not be liable for any loss or damage incurred by the registered member in the event of failure to notify the Company of any of these matters.
The Company may stop, suspend, or interrupt the provision of the Service in whole or in part due to system maintenance or other reasons related to the provision of the Service.
In the event of suspension of the Service, etc., the Company shall post a notice to that effect on the Company's storefront and on the Company's website. However, in the event of a system failure, etc., which the Company deems urgent, the Company may stop, suspend, or interrupt all or part of the Service without prior notice.
The Company shall not be liable for any damage caused by any of the following events :
Damage caused by unavoidable reasons such as disasters, incidents, wars, accidents during transportation, restrictions imposed by laws and regulations, or measures taken by public authorities such as the government or courts.
Damage caused by failure of terminals, communication lines, computers, etc., or by telegraphic errors, omissions, or misspellings resulting from such failure, even though we have taken reasonable security measures.
Damage caused by the handling by the financial institutions, etc. in accordance with the customs of the country where the financial institution, etc. is located or the procedures prescribed by the financial institutions, etc., or damage caused by reasons attributable to the financial institutions, etc. other than the Company.
Damage caused by reasons attributable to the remittance client, such as a discrepancy in the name of the payee, etc.
Damage incurred in connection with a message from the remittance client to the receiver.
Damage related to the causal relationship of the remittance between the remittance client and the receiver or a third party.
Damages incurred prior to receipt of the notification regarding the use of the adult guardianship system.
Damage caused by any other reason not attributable to the Company.
In the event that a customer suffers damages due to the Company's intentional or gross negligence in providing this service, the Company shall compensate the customer for such damages. However, neither we nor our remittance business partners shall be liable for damages exceeding the remittance amount paid by the registered member for delay, non-delivery, non-payment, or underpayment of the Service. In addition, we and our business partners shall not be liable for any delay, non-delivery, non-payment, or underpayment of funds transferred through this service due to reasons beyond our control, such as due to the laws of the country to which the funds were transferred. We and our business partners shall not be liable for any incidental, indirect, or consequential damages, except in the case of willful misconduct or gross negligence on the part of us or our business partners.
With regard to transactions with us, matters not stipulated in these rules shall be governed by the laws, regulations, customs, and practices of Japan and other relevant countries, as well as the prescribed procedures of us and our remittance business partners.
The Company reserves the right to change the contents of the Terms and Conditions. In such cases, the contents and date of change will be posted on the Company's storefront and on the Company's website, and the changed contents will be applied after the date of change.
The Service and the relationship between the Registered Member and the Company shall be governed by and construed in accordance with the laws of Japan.
In the event that litigation becomes necessary in connection with these Terms and Conditions, the Tokyo District Court shall have exclusive jurisdiction.
The Company shall provide personal information or information related to transactions obtained from registered members (hereinafter referred to as "Personal Information") to its head office, branches, subsidiaries, affiliates, agents or subcontractors such as affiliated financial institutions (located in the Republic of the Philippines, etc.). The Company may provide personal information or information related to transactions ("Personal Information") obtained from registered members to the Company's head office, branches, subsidiaries, affiliates, agents, or subcontractors such as affiliated financial institutions (located in the Republic of the Philippines, etc.) to the extent necessary for the Company to perform its duties related to the storage and management of Personal Information and the provision of other services and the introduction of other products and services of the Company.
If we are required to submit customer information by law, court proceedings, or other legal process, or by a government agency, we may comply with such a request.
The handling of personal information shall be in accordance with the Company's "Personal Information Protection Policy," laws and regulations regarding information protection laws, including the "Act on the Protection of Personal Information" in Japan, and guidelines for personal information protection laws in the financial sector, in addition to this Article.
Our Privacy Policy is available in our stores and on our website.
The registered member shall apply for money transfer through the service by submitting a money transfer application form at a storefront, or by sending the details of the money transfer to our staff through KABAYAN App. When applying for money transfer, the member's identity must be verified by a method determined by the Company.
The amount of money that can be transferred by a registered member is limited to ¥1,000,000 or less per transaction. If a lower amount than the above is set as the limit for handling foreign exchange in the recipient's country, the lower amount shall be the upper limit of the transaction amount.
Registered members should confirm the information on the remittance application form when applying for remittance; if applying via App or telephone, etc., please confirm the information recited by our staff. If you wish to change or cancel the details of your application, please follow the procedures prescribed by the Company to change or cancel the relevant application.
We will confirm the details of the application in accordance with our prescribed standards. If the Company determines that there are no problems as a result of the confirmation of the details of the application, the Company will accept the money transfer application on the condition that (i) the necessary remittance funds and fees are paid in cash at the storefront, or (ii) the necessary remittance funds and fees are transferred to the designated bank account of the Company. At the time of acceptance, an individual contract regarding the consignment of remittance between the Company and the registered member (hereinafter referred to as the "remittance contract") shall be established. The Company will confirm the results of this confirmation. The Company will notify the registered member of the confirmation result by the method specified by the Company.
If as a result of the confirmation described in the preceding paragraph, the Company determines that there is a problem with the contents of the application or that the funds and fees required for the remittance are insufficient, the Company will not accept the application and the remittance application will be deemed to have been cancelled. The Company shall notify the registered member of the results of such confirmation in the manner prescribed by the Company.
When a remittance agreement is concluded, we shall promptly execute the remittance processing and communicate the payment instructions to our remittance business partners.
When necessary, the Company shall communicate to the money transfer business partners the information necessary to fulfill the money transfer contract with the registered member. In addition, the Company may mutually share such information with the money transfer business partners in order to improve this service.
Registered members shall provide the following information ((excluding personal numbers and sensitive information as defined in the "Guidelines for the Protection of Personal Information in the Financial Sector") for the following purposes and reasons when the Company performs remittance procedures. The same shall apply hereinafter in this article) (excluding personal numbers and sensitive information as defined in the "Guidelines for the Protection of Personal Information in the Financial Sector") to the remittance business partners.
(i)Purpose of providing this service.
(ii)For the purpose of joint marketing to the extent permitted by law.
(iii)Anti-Money Laundering or Anti-Terrorist Financing and Administrative Grounds.
(iv)For the purpose of fulfilling obligations under the Foreign Exchange and Foreign Trade Act.
We and our money transfer business partners shall not share the information of registered members with third parties, except when legally required to do so. However, registered members agree in advance that the money transfer business partners will share such information with their agents, parent companies, or affiliated companies (including those not established in Japan) only for the purposes listed above. However, the registered member agrees in advance that, for the purposes listed above only, the money transfer business partner will share such information with its agents, parent companies, or affiliates (including those not established in Japan).
Neither we nor our business partners shall be liable for any loss or damage incurred as a result of the handling described in the preceding paragraph, except in cases of willful misconduct or gross negligence on the part of us or our business partners.
The amount of money per remittance and the limits on the total amount per day, per month, per three months, per six months, and per year, as well as the maximum number of transactions per month (in the last 30 days) that a registered member can remit are determined separately by the Company.
As a general rule, we will complete the remittance to the remittance business partner or its agent within one business day from the time we confirm payment of the necessary funds for the remittance from the registered member.
When a remittance is processed, we will issue a receipt for the details of the contract. Please keep this receipt in a safe place, as it may be required in the event of cancellation of the remittance, etc.
Once the money transfer described in Paragraph 6 is completed, the receiver can pick up the money at the business partner or its agent. However, in the following cases, it may take up to a few business days from the completion of the application for money transfer by the registered member until the receiver is actually able to use the money.
(1)If it is after business hours for our remittance business partner or the remittance business partner's agent.
(2)When a financial institution in the destination country used by the remittance business partner to receive the remittance requires a certain amount of time for system processing.
(3)In addition to the above cases, when certain procedures are required to receive the money due to circumstances specific to the country to which the money is being sent.
(4)When a remittance is withheld at the discretion of the remittance business partner.
The Company shall not be liable for any damage caused by errors or omissions in the application, unless such errors or omissions are intentional or grossly negligent on the part of the Company.
The registered member and the remittance receiver shall comply with the laws and regulations of each country where the remittance is to be made, or the regulations stipulated by the remittance business partner, in receiving the remitted money by the remittance receiver.
Notwithstanding the preceding paragraph, the registered member agrees in advance that it may take up to several business days from the completion of the application for money transfer by the registered member until the receiver is actually able to use the money.
Even after a money transfer agreement has been concluded, if the Company recognizes that one of the following items applies before the receiver receives the money covered by the money transfer agreement, the Company may immediately cancel the money transfer agreement and suspend the money transfer procedure. Please note that the Company may not be able to provide the reason for such cancellation to the registered member. In this case, the Company shall not refund the money and remittance fee that were the subject of the remittance agreement, and the registered member shall agree to this in advance.
(1)When a registered member's remittance violates Japanese foreign exchange laws and regulations or when foreign exchange transactions are suspended by the relevant authorities.
(2)When a registered member's remittance is subject to restrictions imposed by foreign exchange-related laws and regulations, such as requiring prior approval or notification by the relevant authorities, etc., and the Company must confirm the completion of the remittance.
(3)When a registered member applies for money transfer on behalf of a third party.
(4)If the registered member's remittance application is found to be false or untrue, or if the Company deems it necessary to suspend the remittance procedure.
(5)When a registered member's remittance is found to be a crime or otherwise offensive to public order and morals.
Even after a remittance agreement has been concluded, the Company may immediately cancel the remittance agreement and suspend the remittance procedure if any of the following items applies. In such a case, the Company will return the money covered by the remittance agreement and the remittance fee in Japanese yen to the registered member's bank account. The registered member shall bear the bank's prescribed commission fee for the transfer.
(1)When war, civil strife, natural disasters, labor disputes, riots, terrorism, strikes, etc. have occurred or are feared to occur.
(2)When there is or is likely to be a freezing of assets, suspension of payments, commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation or other insolvency proceedings, etc., against the remittance business partner.
(3)In any other cases where the remittance is rejected at the discretion of our remittance business partner.
Notwithstanding the preceding two paragraphs, if 15 days have passed (including the same day) after notification of the completion of the remittance instruction and the remittance receiver has not received the relevant money, the money subject to the remittance agreement will be retained by our money transfer business partner and the remittance receiver will not receive the relevant money. If the remittance receiver does not receive the money, the money subject to the remittance agreement will be kept by our remittance business partner, and the remittance receiver will no longer be able to receive the money. In order for the registered member to receive the return of the money, the registered member must follow the procedures for cancellation of the money transfer as stipulated in Article 25.
The Company shall not be liable for any loss or damage incurred by registered members as a result of the cancellation of the remittance agreement stipulated in the preceding three paragraphs.
Applications for money transfers to the Company shall be made in Japanese yen. Registered members may specify the amount of money to be received in a currency other than Japanese yen (hereinafter referred to as the "receiving currency"). The registered member may specify the amount to be received in a currency other than Japanese yen (hereinafter referred to as the "currency to be received"). The exchange rates posted on the Company's storefront and on the Company's website (hereinafter referred to as "exchange rates") are for reference purposes only, and the actual amount of the currency to be received will be the amount converted in accordance with the following paragraph.
When the receiver of the money transfer receives the money, it will be in the currency to be received. The exchange rate to be applied when converting the money into the receiving currency will be the exchange rate set by the Company at the time the money transfer contract is concluded. As stipulated in the remittance service, the point in time when the remittance contract is concluded is the point in time when the Company confirms the details of the registered member's application, determines that there are no problems, accepts the application, and receives the necessary remittance funds and fees from the registered member. Please note that this is not necessarily the time when the registered member completes the remittance application.
The exchange rate set forth in the preceding paragraph is revised daily and may be changed one or several times during the course of a day.
If, as a result of the application of the exchange rate set forth in Paragraph 2 of this Article, the currency to be received has a value of less than one currency unit, the currency to be received that is less than one currency unit shall be rounded down.
The exchange rate specified in Paragraph 2 of this Article will be indicated on the Receipt as specified in Article 20.7.
Registered members shall pay the fees prescribed by the Company when using the Service.
Fees to be paid to the Company for (1) through (3) below shall be as shown on the Company's storefront and on the Company's website.
(1)Remittance fee.
(2)Change fee.
(3)Cancellation fee.
The remittance fee in the first item of the preceding paragraph shall be confirmed on the remittance fee chart displayed on our storefront and on our website when applying for the remittance service, and shall be paid to us at the time of application for remittance.
The change fee in Paragraph 2, Item 2 of this Article shall be paid to the Company when the registered member changes the remittance details for his/her own convenience.
The cancellation fee in Paragraph 2, Item 3 of this Article will be incurred when a remittance cannot be executed due to a mistake or incomplete application by the registered member, or when the registered member cancels the remittance application itself. If a remittance is cancelled, we will return the money in Japanese yen to the registered member's account after deducting an amount equivalent to the cancellation fee for the remittance. In this case, bank transfer fees shall be borne by the registered member. The remittance fee stipulated in Paragraph 2.1 of this Article will not be refunded.
The Company may change the fees for this service without prior notice to registered members. In such cases, the date and details of the change will be announced by posting a notice on the company's storefront and on the company's website.
A registered member may cancel a request for money transfer or a remittance agreement only before the receiver receives the remitted funds. If a request to cancel a request for remittance or to cancel the remittance agreement reaches the Company before 4:00 p.m. on a business day, it will be processed within the same business day, and if it reaches the Company after 4:00 p.m. on the same day, it will be processed on the next business day of the Company. If a registered member cancels the money transfer application or the money transfer agreement after the conclusion of the money transfer agreement as stipulated in Article 19.4, we will deduct the transfer fee, cancellation fee, and exchange commission (if any) from the amount paid by the registered member for the relevant money transfer transaction, and add any exchange gains (if any). If the registered member cancels the remittance request before the remittance contract is concluded, the remittance and cancellation fees will not be deducted. In addition, even if 30 days have passed (including the same day) after the notification of the completion of the remittance instruction, the remittance fee and cancellation fee will not be deducted. In the case of cancellation after the receiver is no longer able to receive the money due to the receiver's failure to receive the money, the amount equivalent to the remittance fee will not be refunded in accordance with the provisions for cancellation of remittance agreement.
A registered member may make changes (including corrections) to a remittance application only until before the receiver receives the remitted funds. The registered member may make changes (including amendments) to the money transfer request only before the receiver receives the funds. If a request to change a money transfer request reaches us before 4:00 p.m. on our business day, the change will be made within the same business day. If the request reaches us after 4:00 p.m. on the same day, the change will be made on our next business day.
In order to comply with the Act on Prevention of Transfer of Criminal Proceeds (Act No. 22 of 2007, including subsequent amendments) and other related laws and regulations, we will monitor the use of the money transfer service by registered members based on our specified standards. In order to comply with relevant laws and regulations such as the Act on Prevention of Transfer of Criminal Proceeds (Act No. 22 of 2007, including subsequent amendments), the Company will conduct monitoring of registered members' use of the money transfer service based on the standards prescribed by the Company. If we deem necessary, we may conduct an interview with the registered member by telephone or other methods prescribed by us.
If the Company deems it necessary as a result of the interview in the preceding paragraph, the Company may request the registered member to submit documents the Company deems appropriate to support the content of the interview in the preceding paragraph.
As a result of the investigations described in the preceding two paragraphs, the Company may, at its discretion, change the amount of money that can be transferred as stipulated in Article 20.5, or suspend the use of the money transfer service or cancel the registration of the Registered Member. The Company may not be able to provide the reason for such change, suspension, or cancellation to the registered member.
Registered members can receive money from outside Japan via money transfer business partners using the money transfer receiving service in Japan (hereinafter referred to as "money transfer receipt"). The registered member can receive money from outside Japan via the money transfer service in Japan.
In order to use the Service, you must become a registered member of the Company in accordance with the provisions of Article 3 in advance.
When a payment instruction for a remittance transaction arrives at the Company from overseas and the Company determines that there is no problem with its contents, the Company notifies the registered member of the remittance details. In order to receive remittance, you may be required to submit additional documents or answer questions that we deem necessary. Additional Documents
If you refuse to submit a "Letter of Credit" or refuse to answer any of the questions, you may not be able to receive the remittance.
If the Company receives a request from a registered member to receive money transfer and recognizes that the request is made by the registered member him/herself in accordance with Article 4, the Company will accept the request to receive money transfer.
When the computer processing of the money transfer request in the previous section is completed, the registered member's application for the money transfer service is complete.
If a registered member wishes to change or cancel an application for money transfer receipt, the registered member should follow the prescribed procedures to change or cancel the relevant application.
After the completion of the application for remittance receipt described in Paragraph 6, the Company will confirm the details of the application based on the standards prescribed by the Company. If the Company determines that there are no problems as a result of the confirmation of the details of the application and the results of the confirmation described in Paragraph 4 (if necessary), the Company will accept the registered member's application for money transfer receipt. Upon such acceptance, a contract regarding the receipt of money transfer between the Company and the registered member (hereinafter referred to as the "Receipt Contract") shall be established. The Company will confirm the results of such confirmation. The Company shall notify the registered member of the result of such confirmation in the manner prescribed by the Company.
The registered member cannot cancel the receipt agreement after the agreement has been concluded in accordance with the preceding paragraph.
If the Company determines that there is a problem with an application for money transfer receipt as a result of the confirmation described in Paragraph 8 of this article, the Company shall not accept such application, and the application shall be deemed cancelled. The Company shall notify the registered member of the results of such confirmation in the manner prescribed by the Company.
The Company shall not be liable for any damage caused by a mistake or incomplete application by a registered member, in addition to any damage caused by an application for money transfer deemed to have been cancelled in accordance with the provisions of this article.
If the contract for receiving money is concluded by 3:00 p.m. on the same day, it will be processed by the same business day. If the contract is concluded after 3:00 p.m. on the same day, it will be processed by the business day following the date of conclusion of the contract. The amount to be transferred will be transferred to the bank account in the registered member's name registered in the registration information. If you wish to receive the money in cash at a storefront, we will deliver the amount of money to be transferred, less the receiving fee, to you at a storefront by 6:00 p.m. on weekdays or by 4:00 p.m. on Saturdays, or if you are unable to visit a storefront, by the next business day or later during our business hours.
The amount of money a registered member can receive per remittance is limited to ¥1,000,000 or less.
Upon receipt of the money transfer, we will issue a delivery certificate. Please keep this delivery certificate in a safe place, as it may be required in the event of a request from overseas for the reversal or cancellation of the remittance.
When receiving money transfers, registered members shall provide their information ((excluding personal and corporate numbers and sensitive information as defined in the "Guidelines for the Protection of Personal Information in the Financial Sector") for the following purposes and reasons. The same shall apply hereinafter in this article)). The registered member agrees that we may disclose the registered member's information (excluding personal and corporate numbers and sensitive information as defined in the "Guidelines for the Protection of Personal Information in the Financial Sector") to our money transfer business partners for the following purposes and reasons :
(i)Purpose of providing the Services.
(ii)For the purpose of co-marketing to the extent permitted by law.
(iii)Money laundering or counterterrorist financing and administrative reasons.
(iv)The purpose of fulfilling its obligations under the Foreign Exchange and Foreign Trade Act.
We and our money transfer partners shall not share the information of registered members with third parties, except when legally required to do so. However, registered members agree in advance that we and our money transfer partners will share such information with the parent company or affiliated company (including those not established in Japan) of our company and our money transfer partners only for the purposes and for the reasons listed above. The member agrees in advance that we and our money transfer partners may share such information with our parent or affiliated companies (including those not established in Japan) for the purposes and for the reasons stated above.
We and our business partners shall not be liable for any loss or damage incurred as a result of the handling described in the preceding paragraph, except in the case of willful misconduct or gross negligence on the part of us or our business partners.
The remittance amount shall be paid in Japanese yen.
The exchange rate to be applied when converting the money to be received from the foreign currency into Japanese yen will be the exchange rate set by the Company at the time when the receiver applies to receive the remittance, completes the submission of the necessary items and documents, etc. required by the Company, the Company confirms the details, and the payment is executed assuming that there are no problems with the receipt. The exchange rate set by the Company at the time when the Company confirms the contents of the application and executes the disbursement, assuming that there is no problem in receiving the money, shall be applied and the money shall be converted into Japanese yen at such rate.
Registered members may request compensation from the Company in the event that they have suffered damage due to any of the following :
(1)Unauthorized use or theft or fraudulent transfer of funds by a third party due to unintentional impersonation by a registered member resulting from circumstances such as theft or fraudulent transfer of information about the registered member from the Company.
(2)Unauthorized use of bank account information, etc., or theft or defrauding of funds by a third party due to circumstances such as theft or defrauding by the Company of bank account information or other information, etc., of a registered member, which is unintended by the registered member.
Damage shall be deemed to have occurred at the time of unintended unauthorized use of our services by a registered member (hereinafter referred to as "unauthorized use") due to the causes specified in each item of the preceding paragraph.
Registered members must take the following actions when submitting the request described in Paragraph 1.
(1)To report to the Company and the police department about the unauthorized use within 30 days from the date the damage caused by the unauthorized use occurred (or the final date if the damage occurred multiple times in a row), and to notify the Company without delay of the occurrence of the damage, as well as the existence and details of any compensation the registered member may receive from a third party other than the Company (if compensation has already been received, including the fact that such compensation has already been received). (If the registered member has already received compensation, including the fact that compensation has already been received) without delay.
(2)To respond without delay to requests for documents, information, or evidence that the Company specifically requires (including information to prove the submission of a damage report to the police station by a registered member if the Company requires such a report ).
The Company will examine the details of the registered member's offer, the results of the Company's investigation, and any other circumstances, and will make compensation for any unauthorized use that is determined not to fall under any of the following categories :
(1)In the event that the unauthorized use is due to the intentional or gross negligence of the registered member.
(2)If the unauthorized use is made by a person related to the Registered Member, such as a family member, a close relative, a person living with the Registered Member, a person taking care of the Registered Member's personal affairs on behalf of the Registered Member, or a person using the Qualifying Terminals, etc. based on the Registered Member's authorization.
(3)If a registered member violates any of the terms and conditions set forth by the Company.
(4)If all or part of said request is false or suspected to be false.
(5)If the Registered Member has or is suspected of having obtained undue advantage in connection with or cooperated with the abuse.
(6)When a registered member is coerced by a third party to make unauthorized use.
(7)Failure to make efforts or cooperate in the detection of unauthorized users and the investigation of damages.
(8)If the Company fails to make necessary efforts or cooperate in preventing the occurrence and spread of damage.
(9)When the unauthorized use is caused by war, earthquakes, or other significant disruptions to social order.
(10)Other cases in which the Company deems it inappropriate.
The compensation provided by the Company to registered members shall include the following :
(1)The Company shall compensate the Registered Member for damages up to the amount of direct and actual damages incurred by the Registered Member as a result of this unauthorized use. Any fees incurred in making such compensation shall be borne by the Company.
(2)Notwithstanding the preceding item, we will compensate you for the amount of the unauthorized use minus the amount we were able to recover from a third party other than us.
(3)Notwithstanding Item 1, if a registered member is entitled to compensation from a third party other than the Company for damages caused by the unauthorized use, the excess amount will be compensated only if the amount of damages exceeds the amount of compensation from the third party.
In the event that the Company makes compensation in accordance with Paragraph 4, the registered member agrees to transfer to the Company any and all rights related to this unauthorized use.
When the Company deems it necessary to suspend or discontinue the system due to system maintenance, communication line or means, or computer failure, the Company may suspend or discontinue the compensation system with prior notice to registered members. However, if it is difficult to notify users in advance, the Company shall not be required to notify them. The Company shall not be liable for any damages incurred by the user as a result of such suspension or discontinuation.
Registered members shall use the Service with full understanding and acceptance of the following items :
(1)The Service is not an exchange transaction conducted by a bank, etc.
(2)This service does not mean that we accept deposits, savings, or time deposits, etc.
(3)This service is not covered by the insurance payment prescribed in Article 53 of the "Deposit Insurance Law" or Article 55 of the "Agricultural and Fishery Cooperative Savings Insurance Law".
(4)The type of fund transfer business must be Type II fund transfer business.
(5)The calculation period and deposit deadline for Type 2 Funds Transfer Business shall be one week for the calculation period and three business days from the last day of the calculation period for the deposit deadline.
(6)That compensation for the loss of registered members will be handled in accordance with Compensation.
Our company complies with the Fund Settlement Act (hereinafter referred to as the Fund Settlement Act). Pursuant to the provisions of Article 43 of the Act on the Settlement of Funds (the "Funds Settlement Act"), we will deposit a performance bond in the amount specified in the Act and related government ordinances with the Tokyo Legal Affairs Bureau to secure our obligation to return remittance funds and to pay remittance fees to registered members. In the event that we are unable to repay our obligations, the registered member has the right to receive repayment of the performance bond in advance of other debtors to us (hereinafter referred to as "right of claim for refund"). The registered member has the right to receive repayment of the performance bond before other debtors to the Company ("right to claim refund").
The right to claim for refund shall belong to the remittance client until the remittance receiver actually receives the remittance in the remittance service. After the receiver actually receives the money transfer, the client cannot exercise the right of claim for refund. In the remittance collection service, the right to claim for refund belongs to the remittance receiver.
In the event of an event stipulated in Article 59, Paragraph 2 of the Funds Settlement Act, the remittance client and remittance receiver (or registered members) may receive a refund of the performance guarantee money through the refund procedures stipulated in the same article.
If any of the events described in the preceding paragraph occurs, the receiver of the money transfer service will not be able to receive the money transfer. In the unlikely event that a refund procedure is executed after the receiver of the money transfer service has received the money transfer, the relevant money transfer client must return the money equivalent to the performance bond that has been refunded to the Company.
Inquiries and comments regarding this service are accepted at the following contacts :
Hours : Weekdays 10:00 hrs - 19:00 hrs / Weekend 10:00 hrs - 18:00 hrs
(Excluding year-end and New Year holidays and holidays designated by the Company)
Address : 〒103- 0027 3F Otake No.7 Building, 3-2-2 Nihonbashi, Chuo-ku, Tokyo, KABAYAN International Ltd.
Phone : 03-5817-8917 Facsimile : 03-5817-8918
Mobile 090-1765-8917 / 080-4209-8917
E-mail : KabayanJP@eui.money
The complaint handling measures and dispute resolution measures stipulated in the Law Concerning Funds Settlement are as follows :
Based on the Funds Settlement Act, we have taken measures under the Alternative Dispute Resolution (ADR) system (so-called Financial ADR system). Customers using our fund settlement transaction services may use the following external organizations to file a complaint or dispute resolution request.
Complaint Handling Measures
Japan Cash Settlement Association "Customer Service Center / Phone : 03-3556-6261
Dispute Resolution Measures
Tokyo Bar Association Dispute Resolution Center / Phone : 03-3581-0031
Arbitration Center, Dai-ichi Tokyo Bar Association / Phone : 03-3595-8588
Daini Tokyo Bar Association Arbitration Center / Phone : 03-3581-2249
The contract period of the membership registration shall last until the expiration date of the various official documents submitted to the Company for identification. If one(1) year have passed since the last use of the service, the Company may terminate the membership registration. During the contract term , members may cancel their membership at any time.
There is no fee for canceling or terminating a membership. If there are any funds (e.g., change, etc.) remaining in the company that should be refunded to the registered member, the funds will be transferred to the registered member's Japanese bank account in the member's own name. The registered member shall be responsible for the bank charges for such transfer.
In the event that we are unable to contact a registered member or are unable to transfer funds to the account to which they should be returned (e.g., because the account has been closed or the funds are insufficient to cover transfer fees), we will deposit the funds with the Tokyo Legal Affairs Bureau. If the registered member requests the return of such funds before the statute of limitations on acquisition expires, the deposited funds will be refunded.
In the event of any discrepancy between the Japanese version and English or any other language, the Japanese version shall prevail.
As of 01 March 2025