Compensation Policy for Fraudulent Transactions
1. General rules
Unidos hereby establishes the policy to compensate its Customer for the loss caused by a transaction made by an unauthorized person against the will of the Customer using the Fund Transfer Service of Unidos (hereinafter "Fraudulent Transaction").
This Policy covers Type 1 and Type 2 Funds Transfer Services provided by Unidos.
Customers shall take strict security measures (hereinafter “Security Measures”) to the following items and manage them under their own responsibilities:
(1)the card provided by Unidos exclusively for overseas remittance transactions (hereinafter “Kyodai Card”);
(2)the user IDs and the corresponding passwords to access SNS services, such as Facebook, to communicate with Unidos; and
(3)the user ID and the corresponding password to access Unidos’ Web Online service and mobile application (collectively “KyodaiApp”) to register the senders and the beneficiaries, among others.
Customers shall immediately notify Unidos upon noticing a Fraudulent Transaction. Unidos may alert a Customer in order to protect him from international remittance fraud when it receives a remittance request. Unidos may refuse to process a remittance request by its discretion when it suspects that there is a possibility that he is being defrauded.
2. Situations where Customers may incur losses, Compensation, Details and Conditions thereof
(1) The situations where Customers may incur losses from Fraudulent Transactions are as follows:
① when a third party illicitly uses Kyodai Card;
② when a Customer makes a remittance defrauded by his beneficiary or by his error;
③ when a third party steals and abuses the user ID and the corresponding password of a Customer for KyodaiApp to register a sender and/or a beneficiary etc, or for SNS services, such as Facebook, to utilize Unidos’ remittance service; and
④ Unidos pays out an incoming remittance to an unauthorized third party.
(2)The following paragraphs explain the compensation policy, the details, and the conditions thereof.
Unidos will not compensate a Customer for his loss caused by a Fraudulent Transaction as a matter of principle; provided, however, Unidos will do so in accordance with the provisions of the Civil Code, this Compensation Policy, the International Remittance Transaction Terms and other service terms of Unidos, if the loss is caused by willful misconduct or gross negligence by officers and/or employees of Unidos (by intention or by negligence of Unidos if the Customer is a consumer under the Consumer Contract Act) in processing his remittance request.
A Customer will not be entitled to compensation or will have the compensation reduced if any of the following applies:
① a failure of the Customer, whether intentional or negligent or otherwise, in his Security Measures and/or in his use regarding his Kyodai Card, user IDs and/or passwords;
② an unauthorized use of Unidos’ service by the Customer's family, housemate, or attorney-in-fact to receive Unidos’ service;
③ the violation of the Customer of any clause of the International Remittance Transaction Terms and other terms of Unidos.
④ an unauthorized use during a substantial disruption of social order, such as war or an earthquake; and
⑤ such other cases described below:
• when a Customer does not report his damage to Unidos and the police department within 90 days from the occurrence of a Fraudulent Transaction;
• when a Customer does not cooperate with Unidos or the police department in investigating the Fraudulent Transaction and his damage caused; or
• when the reported damage is false.
The scope of compensation by Unidos shall exclude incidental, derivative, or secondary damages to a Customer. The value of the compensation shall not exceed the remittance amount and the fee received from the Customer or the amount of the incoming remittance receivable by the Customer, as the case may be.If a Customer is a consumer under the Consumer Contract Act, however, the scope of the above compensation will apply to a case of minor negligence by the officers and/or employees of Unidos. In cases of willful misconduct or gross negligence of its officers and/employees, Unidos shall compensate the Customer in accordance with the provisions of the Civil Code.
3. Claiming Procedure
When a Customer wishes to seek compensation for his loss caused by a Fraudulent Transaction, he shall write to the contact in Section 4 below, stating the following:
① the details of the Fraudulent Transaction that caused his losses, eg, the remittance history;
② the fact that he has incurred losses and the relevant details, including the date, place and cause;
③ the total value of his losses;
④ the value of the compensation to seek from Unidos; and
⑤ the grounds for claiming the compensation from Unidos
In addition to the above, the Customer shall attach supporting evidence to help Unidos to validate the incident and the damage.
Unidos shall fully examine the documents received from the Customer, confirm the fact with him as necessary and verify how Unidos has dealt with the incident in order to determine concrete measures in respect of compensation.
If any inconsistency or false declaration is found in the examination process, Unidos may decline the claim and make a report to the police department if necessary.
4. Contact for compensation
Unidos Co., Ltd.
Compliance Department
Stairs Building 2F
2-4-8 Hyakunin-cho, Shinjuku-ku
Tokyo 169-0073
Phone: 03-3280-1029
Fax: 03-6908-7891
5. Publication of Fraudulent Transactions
Unidos may publicize the details of the Fraudulent Transactions, if it judges that doing so will prevent further damage and mitigate the concerns of the Customers, considering the nature and the technique used by the fraud.
6. Publication and revision of this policy
This policy is publicized on the website of Unidos.
It is subject to changes due to the alteration in the services of Unidos and/or the circumstances.
(Supplemental Provisions)
Compensation Policy for Fraudulent Transactions in Japanese shall be the official version. Any translations prepared in any other language are strictly for reference only; only the official version will have effective force as a contract, and translations will have no effective force.