Terms and Conditions

Regarding Remittance

Using Our Remittance Services

In order to carry out transactions related to overseas remittance with us, it is necessary for the registration requester (remittance requester) to agree to this provision and register as a member. The contract period for the registration is two (2) years, and unless the member requests cancellation, the contract period will be automatically extended for two (2) years, and the same shall apply thereafter. If two (2) years have passed since the last time, you used overseas remittance, membership registration will be automatically deleted. Members can cancel their membership registration contract at any time during the contract period. There are no costs associated with canceling membership registration or canceling membership registration contracts. If there is a change in the contents of the membership registration, please register the change immediately using the document and method specified by us. If the mail is sent from us to the address registered by the registration requester (remittance requester) but it does not arrive, we will check the customer information, and while we can not confirm it, we will accept overseas remittances and make transactions.

Important Notice

This remittance transaction is not a foreign exchange transaction conducted by a bank, etc.
We do not accept deposits, savings, fixed deposits, etc. (meaning fixed deposits, etc. prescribed in Article 2.4 of the Banking Act).
This service is not subject to the payment of insurance claims stipulated in Article 53 of the Deposit Insurance Law (Law No. 34 of 1971) or Article 55 of the Agricultural and Fisheries Cooperative Savings Insurance Law (Law No. 53 of 1973).
Type of fund transfer business : Type 2.
A performance deposit system has been established to protect users, and the company deposits the performance deposit with the Tokyo Legal Affairs Bureau. In the procedure for executing the right to the performance deposit based on Article 59 of the Fund Settlement Law, the right to receive a refund until the recipient receives the remittance funds (in the case of transfer to the recipient's bank account, until the transfer of fund to the sender).
Calculation period and deposit deadline for Type 2 Fund Transfer Business : The calculation period is one (1) week, and the deposit is made within three (3) business days of the calculation period.
Compensation for user loss : The company will respond based on the item related to "Compensation".

remittance limit

The maximum amount of remittance that a member can make at one time is 1 million yen or less based on the Fund Settlement Law. We will not remit more than the remittance limit. If there is a limit on the remittance limit based on the laws and regulations of the country to which the remittance is to be sent, the lower of the two will be the remittance limit. In addition, we have set a certain limit on the cumulative remittance amount for a certain period according to the customer's occupation, age, remittance purpose, etc. For customers who apply for remittance in excess of that limit, in addition to various information related to the "Act on Prevention of Transfer of Criminal Proceeds", such as assets and income, we may check the relationship between the customer and the recipient and the purpose of remittance in detail. If we cannot confirm these, or if we determine that there is a problem as a result of the confirmation, we may not be able to accept the remittance request. The Company is not liable for any damages caused by the above provisions.

Confirmation at the time of transaction

The Company will confirm the necessary transactions at the time of transaction with the customer in accordance with the Act on Prevention of Transfer of Proceeds from Crimes and other related laws and regulations. Customers are obliged to present their identity verification documents. If you have any questions about your registration information, or if you suspect that you are impersonating yourself, we may ask you to re-present your identity verification documents. If it is determined that the confirmation at the time of transaction has not been completed or may not be completed, the Company may refuse membership registration or the provision of this service.

Standard fulfillment period

Overseas remittances provided by KABAYAN International Ltd. are usually completed within the following time. However, it may be affected by the internal reception deadline and holidays in Japan and the country of the recipient of the remittance.

[Remittance to the Philippines]

For bank transfer : Within 1 to 24 hours
For cash payment at the counter : Within 1 to 24 hours
For cash delivery service : Within 1 to 24 hours

Changes in notification items, etc.

If the customer changes his/her name (corporate name), address (location), telephone number, e-mail address, occupation, signature, or other notification items, he/she shall immediately notify the company by the method prescribed by the company. The Company shall not be liable for any damages caused to the member due to the change before the Company completes the necessary change procedure regarding the content of the notification.

Restrictions on Transaction

We will not provide this service if any of the following items apply. In this case, the Company will not be liable for any damages caused by not conducting the transaction.

When the remittance violates foreign exchange-related laws and regulations, such as when the transaction corresponds to an emergency suspension.
When a war, civil war, asset freeze of related financial institutions, suspension of payment, etc. occurs or is likely to occur.
When a customer is trying to or are suspected of remittance of unjust enrichment obtained from a crime.
When the fee for the remittance is not paid.

Disclaimer due to system failure, disaster, etc.

The Company is not liable for any damages specified in the following items :

Damage caused by unavoidable reasons such as disasters, incidents, wars, accidents during transportation, restrictions by laws and regulations, measures by public institutions such as the government or courts, etc.
Damage caused by a failure of a terminal, communication line, computer, etc., or due to a broken telegraph, error, omission, etc., which occurred despite the fact that we took considerable safety measures.
Damage caused by the customs of the relevant financial institution, etc. or handling in accordance with the prescribed procedures of the relevant financial institution, etc., or damage caused by reasons attributable to the relevant financial institution, etc. other than the Company.
Damage caused by reasons attributable to the remittance requester, such as a difference in the recipient's name.
Damage caused by a message from the remittance requester to the recipient.
Damage related to the casual relationship of remittance from the remittance requester to the recipient or a third party.
Damage caused before receiving the notification regarding the use of the adult guardianship system.

Damage caused by other reasons other than those attributable to us.

Limitation of liability

Unless otherwise provided by Japanese law in the provision of this service, we and our business partners shall, in any case, with respect to delays, non-delivery, non-payment or underpayment of this service. We shall not be liable for any damages in excess of the remittance amount paid by. In addition, the Company and its business partners shall not be liable for any delays, non-delivery, non-payment or underpayment due to reasons beyond the control of the Company, such as due to the laws of the local country. Under no circumstances shall the Company or its affiliates be liable for incidental, indirect or consequential damages.

Cancellation of membership registration

Customers can cancel their membership registration by the method prescribed by the Company. The Company may revoke your membership registration at the request of laws, court procedures, other legal procedures, or government agencies.
Any of the following items applies. The Company shall be able to immediately suspend all or part of this remittance service and cancel the membership registration without notifying the member in advance. In addition, the Company shall not be liable for any damage caused to the member due to the suspension of this remittance service or the cancellation of the member registration.

(1) When there is a petition for suspension of payment or bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings or special liquidation proceedings;

(2) When a temporary seizure, maintenance seizure or seizure order, or notification is sent;

(3) Commencement of inheritance;

(4) Location of the member became uncertain;

(5) The member has not used the service for more than 2 years;

(6) When this remittance service is used for acts that violate laws and regulations, public order and morals, or when it is recognized that there is a risk of such acts;

(7) When discovered that the member does not exist or is registered without his/her consent;

(8) When it becomes clear that the contents of the member's information are false, or when it becomes clear that the materials submitted by the member are not genuine;

(9) The member does not present any documents for identification process as requested (including circumstances that no contact has been made from the member within the specified deadline; the notification sent to the member's address was sent back to the Company due to unknown address; and our Company fail to contact the registered telephone number.);

(10) The member has breached any provision of this Terms and Conditions or other regulations; the member has fallen under any clause of cancellation on regulations related to the transactions;

(11) The member refuse to answer an investigation of interview and submit supporting documents, despite the request for cooperation or submission of supporting documents in order to monitor transactions based on the "Prevention of Transfer of Criminal Proceeds Act" has been made (including circumstances that no contact has been made from the member within the specified deadline; the notification sent to the member's address was sent back to the company due to unknown address; and our company failed to contact the registered telephone number.);

(12) Circumstances other than above, which the company reasonably concluded as a proper reason that suspension of the transaction service is necessary.

Prohibition of transfer and pledge

All rights of the customer based on the transactions under this provision cannot be transferred, lent, pledged or otherwise set the rights of a third party, or used by a third party.

Money Laundering Prevention and Refusing to Engage in any Transactions with Antisocial Forces

According to the "Prevention of Transfer of Criminal Proceeds Act" and other related regulations, our company is prohibited from engaging in a transaction with specific countries, organizations and individuals. Also, the company shall not engage in any transactions with antisocial forces or persons seem to be so, and shall not respond to any act of making violent demands, act of making unreasonable demands beyond the company's legal responsibility.
Regarding all transactions, our company shall examine the transactions by referring to lists provided by the country where the business is operated or local government and lists of antisocial forces. If we found any transaction likely to match with the list, our company may request extra identification documents and other information as the case may be. The process may cause delay or cancellation of the service. The client could not object to such delay or cancellation, including claim for damages.
In order to use our services, the client shall declare and assure that he/she are not involved in any of the following:

(1) An organized crime group or a member of an organized crime group as follows:

(a) An organized crime group in which it is a member group therein (including its constituents) promoting or advocating collectively or individually the performance of an illegal conduct.

(b) A constituent of an organized crime group.

(d) A quasi-member or affiliated in an organized crime group, meaning a person having relations with an organized crime group other than as a constituent and possibly performing illegal conduct with the power of an organized crime group, or a person giving a corporation to sustain or maintain the organized crime group by providing funds or weapons to organized crime group and/or its constituents.

(e) A related company with an active involvement or provision of cooperation for maintenance or management of an organized crime group by a quasi-member or constituent, or a company providing cooperation for maintenance of management of an organized crime group through active utilization of by the said group in performance of obligation.

(f) A cooperate racketeer, meaning a person performing illegal conduct to seek profits illegally from corporations or an association of organized crime groups that expose citizen's safety to menace.

(g) An associate of social movement pretending or expressing a social or political motive, possibly performing illegal conduct to illegally seek profit which may expose citizen's safety to menace.

(h) A crime group with special intelligence meaning a group or person being an illegal organizational core with a power by showing a relation with an organized crime group or with a financial connection with an organized crime group, other than the categories (a) through (g) above.

(i) Other equivalent person of any category above..

(2) Other Associated Person:

(a) A company whose member of the management/company/ in the categories of (1)

(a) through (i) above (hereinafter “Constituents”) controls;

(b) A company whose management substantially controls Constituents;

(c) A person/company utilizing Constituents illegally for a purpose of making illegal profits either as its own company, using a third party or for a purpose of giving damage to a third party.

(d) A person company providing funds or convenience to Constituents;

(e) Director of a person substantially involved in the management having a socially condemning relation with Constituents.

compensation

The customer regarding the presence or absence of compensation, the content, and the requirements for compensation for each specific situation where loss may occur. In accordance with our compensation policy, you will be compensated for the damage caused by the unauthorized use described below.

Damage caused by unauthorized use such as a third party receiving remittance funds without authority;
Damages (incidental, indirect or derivative) resulting from such unauthorized use, up to the remittance amount and remittance fee paid by the user or the remittance received amount received by the user, regarding the transaction in our service where the damage occurred, will be compensated (excluding damages).

If a customer suffer damage due to unauthorized use by a third party, the customer can apply for compensation to us. We will examine the content of your request, the result of our investigation and all other circumstances, and will compensate for unauthorized use that we judge to not fall under any of the following :

In the case of unauthorized use caused by the intentional or gross negligence of the customer;
In the case of unauthorized use by a person related to the customer or a person who uses the target terminal, etc. based on the permission of the customer, such as the customer's family, close relatives, cohabitants, persons entrusted by the customer to take care of their surroundings, etc.;
When the customer violates various terms and conditions established by the Company;
If all or part of the offer is false or suspected;
If you have or are suspected of having unreasonable profits or cooperating with fraudulent use;
When the customer is forced by a third party to use it illegally;
If you do not make efforts or cooperate in finding unauthorized users and investigating damages;
Without the necessary efforts or cooperation to prevent the occurrence and spread of damages;
In the case of unauthorized use caused by a significant disruption of social order such as a war or an earthquake;
In addition, when we judge that it is inappropriate.

The content of compensation provided by the Company to the customer shall be as stipulated below :

The Company shall indemnify the customer directly and to the extent of the damage actually incurred due to the unauthorized use. In addition, we will bear the fees incurred when making compensation.
Regardless of (1), the Company will indemnify the amount obtained by subtracting the amount collected from a third party other than the Company from the amount of fraudulent use.
Regardless of (1), if the customer can receive compensation from a third party other than the Company for the damage caused by the unauthorized use, only if the amount of damage exceeds the compensation amount from the third party, the excess amount will be compensated.

If we make compensation under the Terms, the customer agree to assign all rights to this Unauthorized Use to us.

If we find it necessary to suspend or suspend the system due to system maintenance, communication line or communication means, computer failure, etc., we may notify the customer in advance and suspend or suspend the compensation system. However, if it is difficult to notify the user in advance, we shall not require notification. The Company shall not be liable for any damages to the user caused by the suspension or interruption.

Protection of Personal Information

For the purposes of these Terms and Conditions:

Our company is allowed to provide personal information collected from the client or transaction information (Personal information) to the company's head office, affiliated companies, subsidiaries, agents or partner financial institutions operating agents (each includes those located overseas) within the scope of company's operation as necessary regarding the storing of personal information, managing and others relating to the service.
Our company shall be allowed to disclose client's information when required by laws, court proceedings, other legal proceedings or government bodies.
Handling of personal information, other than these provisions, shall be executed in accordance with the company's “Privacy Policy", Japanese information protection law and the guideline on protection of personal information in financial field as well as the "Act on the Protection of Personal Information".
The company's “Privacy Policy" shall be posted at our branches.

Governing Law and Designated Dispute Resolution Organization

The remittance service and the relationship between the client and KABAYAN INTERNATIONAL Co., Ltd. shall be governed by the laws of Japan. All disputes and claims arise from the money transaction service or related matters shall be resolved by arbitration set out by the Japan Payment Service Association as a certified association for payment service providers according to Article 87 of the "Payment Services Act".

Customer Service Location and Contact

Please contact our company (Tel:03-5817-8917 Address: Ueno Taihei Bldg. 2F, 2-6-1 Ueno, Taito-Ku, Tokyo)

Mobile 090-1765-8917, 080-4209-8917, e-mail: kabayanremit. jpn@gmail.com for consultations, claims and inquiries about the transaction status.

The same applies on inquiries from overseas.

Financial ADR, Measures for Settlement of Claims and Dispute Resolution

Measures for settlement of claims and dispute resolution set forth in the "Payment Services Act" shall be as follows:

-Settlement of Claims: Japan Payment Service Association Tel: 03-3556-6261.

-Dispute Resolution: Tokyo Attorney Association Dispute Resolution Center Tel: 03-3581-0031

1st Tokyo Attorney Association Arbitration Center Tel: 03-3595-8588

2nd Tokyo Attorney Association Arbitration Center Tel: 03-3581-2249

The Agreement on Court with Jurisdiction

The Tokyo District Court shall have exclusive jurisdiction over any litigation in relation to the Terms and Conditions.

Incorporation of Provisions in Terms and Conditions

Matters not set forth in the Terms and Conditions shall be governed by laws, practices of Japan and related countries. Including the company's other applicable terms and conditions, rules or process of the partnered financial institutions.

Language

The Terms and Conditions are written in Japanese, English and other languages. In the event of any discrepancy arises among aforementioned versions, the Japanese version shall prevail.

Alteration or Amendment of Terms and Conditions

The Terms and Conditions are subject to alteration, in case of change in financial status or other circumstances deemed proper. Changes can be made on the day after a period specified at the time of the branches' display has ended.

As of 31 May 2021