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International Remittance Transaction Terms Page

Article 1: International Remittance Transactions

 

Unidos Co., Ltd. (“Unidos”), pursuant to the International Remittance Transaction Terms (the “Terms of Use”), will provide a customer (a “Customer”) with International Remittance Transactions and Incoming International Remittance Transactions as set forth below (the “Fund Transfer Service”), and a Customer shall agree to the Terms of Use in using the Fund Transfer Service.

 

·       International Remittance Transaction: A transaction whereby, pursuant to a request from a Customer, Unidos enables the recipient of the transaction to receive a cross-border remittance from a partner financial institution abroad of Unidos (“Correspondent”) (including in the form of a deposit with the recipient’s deposit account at a foreign financial institution).

 

·       Incoming International Remittance Transaction: A transaction whereby, pursuant to a payment order from its Correspondent requested by a sender abroad, Unidos enables a Customer in Japan to receive a cross-border remittance (including in the form of a deposit with his/her deposit account at a financial institution in Japan).

 

Article 2: Member Registration

 

1.    To use the Fund Transfer Service, a Customer shall first complete Unidos member registration and become a Unidos member. A Customer shall present his/her personal identification and other documents specified by Unidos to complete the customer due diligence during the member registration. Unidos may refuse membership as a result of this procedure.  Unidos may also request a Customer to re-identify himself/herself when Unidos has a doubt on the registered information or the possible identity fraud.  Unidos may refuse to offer Fund Transfer Service at any time when the customer due diligence process is pending.

 

2.  Every time a Customer attempts to log into Unidos website or application, Unidos shall verify his/her identity by comparing the password he/she enters with the one he/she has registered with Unidos.  The Customer shall be responsible for strict management of his/her password. He/She shall keep it to himself/herself and never let it expose to any third party. He/She shall not lend, deposit, assign or otherwise provide it as security to any third party. Note neither Unidos, its business partners, related financial institutions, police or any other third parties will ever ask for Customer’s password by phone or email, among others. Unidos shall not be liable for any loss, damage or expenses resulting from the password being exposed to a third party, unless Unidos has willful misconduct or gross negligence. If a Customer forgets his/her password or if he/she believes it may have been exposed to a third party, he/she shall immediately change the password by the method prescribed by Unidos.

 

3.   A Customer is requested to immediately notify Unidos by the prescribed means if he /she discovers any error in the registered information, or if there is any change in such information. If Unidos receives no such notice or if the letter to the registered address of the Customer is returned to Unidos, and/or if Unidos cannot reach him/her at the registered telephone number etc, Unidos may suspend, at its discretion, all, or part of the transactions with the Customer and cancel his/her membership. Unidos shall not be liable for any damage he/she may incur by this treatment.

 

4.   A Customer represents and warrants that neither he/she nor any of the Customer’s officers etc is currently an organized crime group, a member of such a group, a person who was a member of such a group at any time in the last five years, a quasi-member of such a group, an enterprise affiliated with such a group, a corporate racketeer (sokaiya) or the like, a racketeer advocating a social movement (shakai undo hyobo-goro), an organized crime group with special intelligence or any other comparable person (collectively the “Organized Crime Group Member”), and that none of the following items currently apply and none of them will in the future:

 

(1) having any relationship whereby the management of the Customer is deemed to be controlled by Organized Crime Group Member;

(2) having any relationship whereby Organized Crime Group Member is deemed to be substantially involved in the management of the Customer;

(3) having any relationship whereby the Customer is deemed to improperly employ Organized Crime Group Member to gain illegal profits for himself/herself/itself or for a third party or to cause damages to a third party;

(4) having any relationship whereby the Customer is deemed to be involved with Organized Crime Group Member by providing funds or favors; or

(5) any officer or other person substantially involved in the management of the Customer having socially reproachable relationship with Organized Crime Group Member.

 

5.  A Customer agrees that he/she will not, directly, or indirectly through a third party, engage in a conduct that falls under any of the following:

 

(1)Making violent demands;

 

(2)Making unreasonable demands beyond legal responsibility;

 

(3)Using threats or violence in relation to transactions;

 

(4)Damaging the reputation of Unidos and/or obstructing the business of Unidos by disseminating unfounded rumors or by means of fraud or force; and

 

(5)Other similar conducts described above.

 

6.   A Customer shall be liable for compensating any damage to Unidos caused by his/her breach of the preceding two paragraphs.

 

Article 3: User Account

 

1.    Unidos will assign each Customer an account (“User Account”) to manage the Customer’s funds in providing the Fund Transfer Service. A User Account is different from a deposit account or a savings account or an installment savings account (as defined in Paragraph 4, Article 2 of the Banking Act (Law No. 59 of 1981 as amended)) offered by banks etc, in that a User Account is used exclusively to keep the funds for remittances temporarily until the remittance request is executed. A Customer shall not use his/her User Account for any other purposes. Unidos will ask the Customer when he/she will make a remittance if he/she keeps a balance in his/her User Account unused for a certain period of time or if his/her balance exceeds JPY 1 million.  Unidos shall repay such excess funds to his/her bank account specified by him/her if Unidos does not receive a response from him/her or if there remains a balance in the User Account exceeding the foreseen remittance amounts plus the relevant fees. The Customer shall bear any, and all the related bank charges and any other expenses related to the repayment, which will be debited to his/her User Account.  If the remaining balance is short of the banking charges, Unidos will not make a repayment.  The funds in a User Account will not bear interest.  Unidos shall not be held responsible for any loss caused by this treatment.

 

2.   A Customer shall make deposits into his/her User Account in Japanese yen by any of the following methods:

 

(1)   Deposits from Japan Post Bank ATMs and counters;

 

(2)   Deposits from Lawson Bank ATMs;

 

(3)   by wire transfer to Unidos bank accounts;

 

(4)   Deposits by cash courier to Unidos; and

 

(5)   Cash deposits at the counter of Unidos head office, branches, and agents.

 

3.   A Customer shall bear his/her costs in making the deposits with his/her User Account by the methods (1) -(4) above.

 

4.   Unidos will keep the records relating to Customers’ use of the Fund Transfer Service for a reasonable period of time. If any question arises between a Customer and Unidos regarding the records of the Fund Transfer Service, Unidos records shall prevail.

 

Article 4: Member Deregistration and Restriction of Transactions

 

1.    There is no definitive period for membership.  If a Customer falls in any of the following, however, Unidos may immediately cancel his/her membership.  A Customer may also request for immediate cancellation of his/her membership at any time.  There will be no cancellation fee.  If there is any balance in his/her User Account, Unidos will repay such a balance to the Customer in the prescribed method. Unidos will be released by this repayment from any and all liability to the Customer.  The place of the performance of the obligation shall be the head office of Unidos. The Customer shall bear the wire transfer fees and/or other charges required for the repayment. Unidos will deduct such fees and charges from his/her balance that remains. If the balance is not sufficient to cover such fees and charges, Unidos will not make a repayment.   

 

(1)If the Fund Transfer Service is used, or is likely to be used, for any conduct against the laws and regulations or public order and morals;

 

(2)If the personal information and/or any other information or the material a Customer presented to Unidos have turned false or untrue;

 

(3) If a Customer fails to present necessary documents to re-identify himself/herself and/or if he/she refuses to make an answer or does not produce the documents supporting his/her transaction notwithstanding Unidos request for customer re-identification or for cooperation in transaction monitoring.

 

(4) If Unidos cannot locate a Customer or if the letter to his/her registered address is returned to Unidos, and/or if Unidos cannot reach him/her at the registered telephone number etc.);

 

(5)If inheritance proceedings are commenced for a Customer;

 

(6)If a Customer suspends payments or becomes a subject of a petition for commencement of proceedings for bankruptcy, civil rehabilitation, corporate reorganization or special liquidation;

 

(7)If a Customer is served an order or a notice of provisional attachment, preservative attachment or attachment;

 

(8)If a Customer breaches the Terms of Use and/or violates any of the terms relating to membership cancellation;

 

(9) If a Customer breaches, or is likely to breach, Paragraph 4 and/or Paragraph 5 of Article 2; and

 

(10) If a Customer has no transaction for more than three years from the date of his/her last transaction.

 

(11) If a reasonable ground, other than above, emerges that necessitates Unidos to stop offering the Fund Transfer Service.

 

2.   Unidos shall bear no liability for the damage a Customer may incur from the membership deregistration or cancellation mentioned in the preceding paragraphs.

 

Article 5: Application for International Remittance Transactions

 

1.   In making a request for International Remittance Transaction, a Customer shall register his/her recipient beforehand. After registration, Unidos may issue a remittance card (“Kyodai Card”) for each registered recipient. A Customer is requested to present his/her Kyodai Card whenever he/she makes a request for International Remittance Transaction at the counter of Unidos head office, branches or agents or use it at the ATMs of Unidos partner banks. A Customer shall be responsible for managing his/her Kyodai Card. He/She may not assign or loan it to any third party. A Customer shall immediately notify Unidos of the loss of his/her Kyodai Card. A Customer is also requested to return Kyodai Cards to Unidos upon the membership deregistration or cancellation.

 

2.    A Customer can request International Remittance Transactions to his/her registered recipients by depositing the remittance funds and the relevant emittance fees and other fees necessary for the transactions into his/her User Account by any of the methods described in Article 3.

 

3.   If a Customer requests an International Remittance Transaction denominated in foreign currency, his/her fund will be converted into foreign currency from Japanese yen at the exchange rate prevailing at the time of the execution of the requested transaction by Unidos. See the foreign exchange rates at:  https://online.kyodai.co.jp/rate/calculator  

 

4.    Unidos will deliver the details of the executed remittance over the counter or by postal mail or by an e-mail to the registered e-mail address etc or display them on Unidos application software.

 

5.    In receiving a request for an International Remittance Transaction, Unidos is required to verify the identity of a Customer and the purpose of the remittance etc pursuant to the Foreign Exchange and Foreign Trade Act and related laws and regulations (“Foreign Exchange-Related Laws and Regulations”) and the Act on Prevention of Transfer of Criminal Proceeds and related laws and regulations (“Laws and Regulations for Preventing Transfer of Criminal Proceeds”). Further, Unidos is required to verify a personal identification number (a corporate identification number with respect to a legal entity) in accordance with the Act on Submission of Statement of International Wire Transfers for Purpose of Securing Proper Domestic Taxation and related laws and regulations (“Laws and Regulations for Statement of International Remittances etc.”). In order to comply with the laws and regulations and ensure the proper execution of the remittances, Unidos may require from the Customer an additional document to identify him/her and supplemental information on the recipient, the nature of the remittance and the source of the fund, among others.  Unidos shall have the right not to accept the remittance request and shall deem it revoked by the Customer provided that Unidos cannot verify the details of the remittance to its full satisfaction or if Unidos judges that it cannot perform the requested remittance as a result of the verification.

 

6.    Unidos shall not bear liability for any damage incurred by a Customer due to the deemed revocation of his/her request for an International Remittance Transaction as per the preceding paragraph or for any other damage arising from his/her incorrect entries or insufficient information.

 

7.   Unidos will accept the remittance request from a Customer if it judges, as a result of the verification described in Paragraph 5, that it can process it without an issue. An international remittance contract is entered into between Unidos and the Customer upon acceptance by Unidos.

 

8.     Unidos reserves the right to revoke its acceptance of the remittance request at any time before it transmits the payment order to its Correspondent if it recognizes any of the following. Unidos shall not bear any liability for the damage the Customer may incur due to such revocation by Unidos.

 

(1)If Unidos judges that the requested remittance is likely to violate Foreign Exchange-Related Laws and Regulations and/or Laws and Regulations for Preventing Transfer of Criminal Proceeds, or when foreign exchange transactions are suspended by government bodies;

 

(2)If a war, a civil war, a natural disaster, a terrorist attack, or a riot, among others, breaks out or becomes likely to do so;

 

(3)If a Correspondent of Unidos is, or is likely to be, subject to asset freeze or suspension of payments or if it has faced, or is likely to face, an event that would trigger the proceedings for bankruptcy, civil rehabilitation, corporate reorganization, or any other type of insolvency; or

 

(4)If Unidos has a reasonable ground to judge that the remittance is associated with a crime.

 

9.    In a case of cancellation in accordance with the preceding paragraph, Unidos will return remittance funds received from the Customer.

 

 Article 6: Accepting Remittance Requests

 

If Unidos accepts a remittance request in accordance with the preceding Article, it will be obligated to promptly transmit a payment order to its Correspondent.  The standard period of time for remittances to reach the recipients is between 10 minutes and 3 business days from the acceptance of Unidos.  For more detailed information by country, visit the following website.

 

https://kyodairemittance.com/send

 

When the mode of payment is cash pick-up, the recipient may need to present a passcode to the cash payout agent. A Customer is requested to inform his/her recipient of the passcode which Unidos will send to his/her e-mail address or mobile phone number.

 

Article 7: Issuance of Receipt

 

1.           Upon receipt of the fund from a Customer for a foreign remittance request, Unidos will electronically provide him/her with the matters stipulated in Paragraph 1 of Article 30 of the Cabinet Office Order on Funds Transfer Service Providers (hereinafter referred to as a “Receipt”).

2.           A Customer shall consent in advance to accept a Receipt in an electronic form in place of a Receipt in writing, except where he/she specifically expresses his/her wish to receive a Receipt in writing. A Customer may request Unidos to issue a Receipt in writing if he/she so wishes. Upon receipt of such request, Unidos shall issue a Receipt in writing by the prescribed method.

3.           The electronic means described in the preceding paragraph includes displaying a Receipt on the application software of Unidos or e-mailing the Customer at the registered e-mail address and so forth.

 

Article 8: Maximum Remittance Amount

 

1.    The maximum remittance amount for an International Remittance Transaction at Unidos is 1,000,000 yen, including the remittance fee.  An effective maximum remittance amount may be different, which is the lesser of the statutory limits set by the destination countries and the internal limits set by the Correspondents of Unidos. Some destination countries and/or Correspondents set their own limits for a maximum cumulative total or number of remittances per day and/or per month.

 

2.   Unidos has its own internal rules whereby it limits remittances over a certain cumulative total during a specific period of time, depending on the occupation, the age, and the purpose of remittance etc of a Customer. When a Customer attempts to make a remittance beyond the limit, Unidos may request him/her to provide more detailed information on his/her assets, income, relationship with the recipient and nature of the remittance. Unidos shall have the right not to accept the remittance request and shall deem it revoked by the Customer provided that Unidos cannot verify the details of the remittance to its full satisfaction or if Unidos judges that it cannot perform the requested remittance as a result of the verification.  Unidos shall notify the Customer of the deemed revocation by the prescribed method.

 

3.    Unidos shall not bear liability for any damage incurred by a Customer due to the deemed revocation of his/her request as per the preceding paragraph.

 

Article 9: Amendment of Remittance Request

 

A Customer can request for amendment of the details of the payment order in so far as both Unidos and its Correspondent so permit.

 

 Article 10: Cancellation of Remittance

 

A Customer can request to cancel an International Remittance Transaction only if the Correspondent of Unidos allows to do so. When Unidos accepts the cancellation of an International Remittance Transaction, it will refund to his/her User Account the total of the remittance amount and the related remittance fee in yen. Unidos will deduct the bank charges from the refunded amount if he/she requests Unidos to make a wire transfer to the bank account in his/her name.  A Customer shall be aware that the Correspondent may deduct its cancellation fee and that he/she may incur a foreign exchange loss or profit due to the conversion from the foreign currency to Japanese yen, while the conversion takes place at the foreign exchange rate of Unidos at the time the cancellation becomes effective abroad. 

 

Article 11: Inquiry on Transactions

 

1.   A Customer is able to verify the status of his/her remittance by communicating with the contacts in Article 25. A Customer is asked to promptly call Unidos if his/her remittance is not paid to the recipient or if he/she has any other query on his/her International Remittance Transaction. Unidos will promptly make an inquiry to its Correspondent and report the result of the investigation to the Customer.

 

2.    Unidos may receive an inquiry from its Correspondent on its payment order and pass it onto the Customer.  If this/her happens, the Customer is requested to make a prompt response. Unidos shall not bear any liability for the damage the Customer may incur due to his/her failure to respond within a reasonable period of time or due to his/her inappropriate response.

 

3.    Unidos will promptly notify the Customer when it realizes that it cannot complete the requested remittance because its Correspondent and/or other financial institutions involved refuse to process the payment order. Unidos will make a refund to the Customer when it receives a refund from its Correspondent.

 

Article 12: Incoming International Remittance Transactions

 

1.    In processing an Incoming International Remittance Transaction, Unidos is required to verify the identity of a Customer and the purpose of the remittance etc pursuant to Foreign Exchange-Related Laws and Regulations and Laws and Regulations for Preventing Transfer of Criminal Proceeds. Further, Unidos is required to verify personal identification numbers (a corporate identification number with respect to a legal entity) in accordance with Laws and Regulations for Statement of International Remittances etc. Unidos shall have the right not to accept the Incoming International Remittance Transaction request and shall deem it revoked by the Customer and return the fund to its Correspondent provided that Unidos cannot verify the details of the remittance to its full satisfaction or if Unidos judges that it cannot perform the requested remittance as a result of the verification.

 

2.    Unidos shall notify the Customer of the details of a remittance if Unidos receives a payment order of an Incoming International Remittance Transaction from its Correspondent and judges that it can make payment to him/her without an issue. He/She shall inform Unidos how he/she would like to receive the payment. Unidos will ask him/her to present his/her identification and other information in accordance with the preceding paragraph.

 

3.   Unidos will not notify a Customer of the details of a certain type of Incoming International Remittance Transaction whereby Unidos pays the remittance by the request of the Customer advising Unidos of the details of the remittance. The Customer shall request Unidos to pay the remittance by presenting the passcode to identify his/her incoming remittance as well as his/her identification and other supporting information described in the preceding paragraph.

 

4. Unidos may deem an Incoming International Remittance Transaction revoked by the Customer and return the remittance to its Correspondent if Unidos is unable to reach him/her notwithstanding

its attempts to contact him/her at his/her registered telephone number, e-mail address or postal address.  The Customer shall be aware that he/she will be unable to receive the remittance once the remittance is returned to the Correspondent.

 

 5.  The payment currency shall be Japanese yen. An Incoming International Remittance Transaction denominated in US dollars will be converted into yen at the buying rate designated by Unidos, which is 6 yen beneath Mizuho Bank’s TTM (telegraphic transfer mean) rate on the date of cash payout or on the date of processing the wire transfer.

 

6.   If a Customer wishes to receive the payment at his/her bank account, Unidos will effect the wire transfer by the next bank business day following the date of the Customer’s request. Such a bank account shall be in the name of the Customer. If a Customer wishes to receive the payment in cash at the counter of Unidos head office, branches or agents, Unidos shall make payment upon completion of the prescribed procedure.

 

7.    Unidos shall not bear any liability for the damage a Customer may incur as a result of the revocation described in Paragraph 1 or Paragraph 4 of this Article.

 

Article 13: Maximum Receipt Amount

 

1.    The maximum amount for one Incoming International Remittance Transaction payable by Unidos is 1,000,000 yen. An effective maximum remittance amount may be different, which is the lesser of the statutory limits set by the originating countries and the internal limits set by the Correspondents of Unidos. Some originating countries and/or Correspondents set their own limits for a maximum cumulative total or number of remittances per day or per month.

 

2.   Unidos has its own internal rules whereby it limits receipts over a certain cumulative total during a specific period of time, depending on the occupation, the age, and the purpose of remittance etc of a Customer. When a Customer attempts to receive a remittance beyond the limit, Unidos may request him/her to provide more detailed information on his/her assets, income, relationship with the sender and the nature of the remittance. Unidos shall have the right not to accept the receipt request and may return the fund to the originating financial institution if Unidos cannot verify the details of the remittance to its full satisfaction or if Unidos judges that it cannot effect the payment as a result of the verification. 

 

3.    Unidos shall not bear any liability for the damage a Customer may incur due to the return of the fund to the originating financial institution in accordance with the preceding paragraph.

 

 Article 14: Provision of Information

 

A Customer shall agree to Unidos disclosing his/her personal information and his/her transactional information to its Correspondent and/or the government bodies by the order, action, or request from the government bodies in Japan or abroad or by the request from the Correspondent from the perspective of compliance. Unidos and its Correspondents shall not bear any liability for the damage a Customer may incur due to the disclosure unless the damage is caused by gross negligence by Unidos or its Correspondents.

 

Article 15: No Assignment or Pledge

 

A Customer may not assign, lend, pledge, or set any right for a third party on, or allow a third party to use, his/her membership or any other right associated with his/her transactions with Unidos without Unidos consent.

 

Article 16: Fees

 

A Customer is able to check the fees for International Remittance Transactions and Incoming International Remittance Transactions by the following URL.

 

https://kyodairemittance.com/fees

 

Article 17: Notice and Method

 

1.  Unidos will use postal mails, e-mails, short message service (SMS), SNS, its application software and/or website to notify its Customers of important information or warnings. Customers are requested to pay attention to the website of Unidos.

 

2.   A Customer shall agree that a notice by Unidos shall be deemed to have reached him/her at the time when such notice should have normally reached so far as Unidos transmits or dispatches a notice to his/her registered e-mail address, telephone number or postal address, even when such a notice is delayed or does not reach him/her at all due to the deficiency in his/her registered information, his/her failure to notify Unidos of the changes or the communication circumstances or any other reason not attributable to Unidos.

 

Article 18: Proper Management of Personal Information

 

1.   A Customer shall agree to Unidos handling his/her personal information in accordance with its Privacy Policy and Procedure.

 

2.   Privacy Policy and Procedure are found on the following website.

 

https://kyodairemittance.com/policies

 

Article 19: Disclaimers

 

1.      Unidos shall not be liable for any damage described in any of the following paragraphs.

 

(1)Damage caused by a disaster, an emergency, a war, accidents in transportation, force majeure, statutory restrictions or measures by government, court and other public bodies or other unavoidable reasons;

 

(2)Damage caused by a failure of terminals or networked computers etc or illegibility or omission etc. resulting therefrom, notwithstanding Unidos having taken reasonable safety measures;

 

(3)Damage caused by a related financial institution or other related institution following the customs of their country or following their own procedures;

 

(4)Damage caused by an error attributable to a Customer, eg, incorrect recipient name;

 

(5)Damage relating to the motives for remittances disputed between a Customer and his/her recipient or a third party; and

 

(6)Other damage not attributable to Unidos.

 

2.     Unidos shall not bear any liability for any incidental, indirect or derivative damage or lost profits etc a Customer may incur in relation to any delay, non-delivery, non-payment or under-payment, among others, in the Fund Transfer Service; provided, however, that the foregoing does not apply when a Customer is a consumer under the Consumer Contract Act and there is willful misconduct or gross negligence on the part of Unidos or its Correspondents, or the laws of Japan stipulate otherwise.

 

3.      Unidos shall in no event bear any liability exceeding the remittance amount and the fee received from the Customer or the amount for an incoming remittance receivable by him/her for any damage a Customer may incur in relation to any delay, non-delivery, non-payment or under-payment, among others, in the Fund Transfer Service; provided, however, that the foregoing does not apply when a Customer is a consumer under the Consumer Contract Act and there is willful misconduct or gross negligence on the part of Unidos or its Correspondent, or the laws of Japan stipulate otherwise.

 

Article 20: Amendment

 

Unidos may amend the Terms of Use. It shall notify its Customers of the details of the amendment and the effective date on the website and/or the application software of Unidos.

 

 

Article 21: Notification of Adult Guardian

 

A Customer shall promptly notify Unidos in writing of the name of the adult guardian or the supervisor of a voluntary guardian and other necessary information when a family court has decided to commence assistance or curatorship or guardianship in respect of the Customer.

A Customer shall promptly notify Unidos if there is any change in the situation above or if he/she is already in such status. Unidos shall not bear any liability for the damage a Customer may incur caused by the Customer’s failure to notify Unidos.

 

 Article 22: Preventing Confusion with Foreign Exchange Transactions by Banks etc.

 

Unidos is a Type-II fund transfer service provider.  A Customer shall fully understand and agree to the following before using the Fund Transfer Service.

 

(1) That the Fund Transfer Service is not the same as foreign exchange transactions carried out by banks etc;

 

(2) That, by the Fund Transfer Service, Unidos does not accept deposits, savings or installment savings etc (as specified in Paragraph 4, Article 2 of the Banking Act);

 

(3) That the Fund Transfer Service is not covered by deposit insurance specified by Article 53 of the Deposit Insurance Act (Law No. 34 of 1971, as amended) or Article 55 of the Agricultural and Fishery Cooperative Savings Insurance Act (Law No. 53 of 1973, as amended); and

 

(4) That Unidos takes measures to secure the funds of the Customers and to protect their rights in accordance with Articles 43 and 44 of the Payment Services Act.

 

Performance bonds from Mizuho Bank, Ltd. and Kiraboshi Bank, Ltd.; and the security deposit with Tokyo Legal Affairs Bureau

 

 Article 23: Performance Bond

 

1.    In accordance with Article 43 of the Payment Services Act, Unidos places security deposits in the amount defined by the said act and the related cabinet order to cover its liabilities to repay the outgoing remittance amounts and/or to pay the incoming remittance amounts in accordance with Item (4) of the preceding Article. The required security deposit of a day is calculated weekly. If Unidos is required to make a security deposit with Tokyo Legal Affairs Bureau, it must do so within 3 business days (excluding Saturday, Sunday and national holidays as defined by the cabinet order, yet within 7 calendar days in any case) from the date of the calculation.  If Unidos is unable to meet its obligation to a Customer, he/she will have a preferential right (“Right”) over other creditors of Unidos with respect to the security deposits.

 

2.  Such a Right shall belong to the Customer until his/her recipient receives the remittance in the case of International Remittance Transactions. He/She can no longer exercise the Right once his/her recipient receives the remittance. With respect to Incoming International Remittance Transaction, the Right shall belong to the Customer who is the recipient of the remittance.

 

3.    If an event specified in Paragraph 2, Article 59 of the Payment Services Act occurs, a Customer can receive his/her claim from the security deposit by following the procedure specified in the said article.

 

4.    In the event of the preceding paragraph, the recipient of the International Remittance Transaction will no longer be entitled to receive the remittance. If the event occurs after the recipient has received it and if the Customer has received his/her claim erroneously, he shall be obliged to return the money he/she has received.

 

Article 24: Governing Law and Jurisdiction

 

1.   The district court or summary court having jurisdiction over Unidos head office shall be the exclusive court of first instance if any litigation becomes necessary in relation to the transactions with Unidos. 

 

2.    The Terms of Use in Japanese shall prevail if there arises any discrepancy in interpretation between the Japanese original and its translation into other languages.

 

3.    Transactions with Unidos shall be governed by the laws of Japan.

 

Article 25: Customer Contacts and Financial ADR

 

1.    Customer inquiries regarding the Fund Transfer Service should be directed to:

 

Unidos Co., Ltd.

Stairs Building 2F, 2-4-8 Hyakunin-cho, Shinjuku-ku, Tokyo 169-0073

Tel: 03-3280-1029 Fax: 03-6908-7891

 

English

 

Tel No.:03-6869-6003

e-mail address: info@kyodai.co.jp

Spanish

Tel No.:03-3280-1025

e-mail address: info@kyodai.co.jp

Portuguese

 

Tel No.:03-3280-1030

e-mail address: info@kyodai.co.jp

Japanese

 

Tel No.:03-3280-1029

e-mail address: info@kyodai.co.jp

Tagalog

 

Tel No.:03-6869-6001

Mobile No.: 080-4066-9202, 080-4092-9950

e-mail address: tagalog@kyodai.co.jp

Nepali

Tel No.:03-6868-7971

For Rate Information: 080-3241-0558

e-mail address: nepal@kyodai.co.jp

Bengali

 

Tel No.:03-6869-6070

Mobile No.:080-4135-6246, 090-6547-1492

e-mail address: bangla@kyodai.co.jp

Sinhala

 

Tel No.:03-6868-8261

Mobile No.:090-6547-1489

e-mail address: lanka@kyodai.co.jp

Bahasa Indonesia

 

Tel No.:03-6869-6108

Mobile No.: 080-4135-6249

e-mail address: bahasa@kyodai.co.jp

Vietnamese

Tel No.:03-6869-6071

Mobile No.:080-3319-7306

e-mail address: vietnam@kyodai.co.jp

Hindi

Tel No.:03-6869-7060

Mobile No.:080-4135-6250

e-mail address: india@kyodai.co.jp

Urdu

 

Tel No.:03-6869-6070

Mobile No.:080-4135-6246, 090-6547-1492

e-mail address: pakistan@kyodai.co.jp

Myanmar

 

Tel No.:050-6860-3523

Mobile No.:080-4135-6255

e-mail address: myanmar@kyodai.co.jp

 

2.    Pursuant to the Payment Services Act, Unidos has taken measures for an arbitrary dispute resolution system. A Customer receiving the Fund Transfer Service can contact the following to make complaints or request for a dispute resolution.

 

Contact for Complaint:

Japan Payment Service Association

 

Hiei Kudan Building, 7F (Room 701)

3-8-11 Kudan-minami, Chiyoda-ku, Tokyo 102-0074

TEL: 03-3556-6261

 

Contacts for Dispute Resolution:

 

Tokyo Bar Association                         03-3581-0031

Dai-Ichi Tokyo Bar Association            03-3595-8588

Dai-Ni Tokyo Bar Association              03-3581-2249

 

 

 

 

 

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").

 

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/her 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/she 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:

         when a third party illicitly uses Kyodai Card;

         when a Customer makes a remittance defrauded by his/her beneficiary or by his/her error;

         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

         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/her 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/her remittance request.

 

A Customer will not be entitled to compensation or will have the compensation reduced if any of the following applies:

 

                   a failure of the Customer, whether intentional or negligent or otherwise, in his/her Security Measures and/or in his/her use regarding his/her Kyodai Card, user IDs and/or passwords;

                   an unauthorized use of Unidos service by the Customer's family, housemate or attorney-in-fact to receive Unidos service;

                   the violation of the Customer of any clause of the International Remittance Transaction Terms and other terms of Unidos.

                   an unauthorized use during a substantial disruption of social order, such as war or an earthquake; and

                   such other cases described below:

            when a Customer does not report his/her 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/her 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/her loss caused by a Fraudulent Transaction, he/she shall write to the contact in Section 4 below, stating the following:

       the details of the Fraudulent Transaction that caused his/her losses, e.g., the remittance history;

       the fact that he/she has incurred losses and the relevant details, including the date, place and cause;

       the total value of his/her losses;

       the value of the compensation to seek from Unidos; and

       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/her 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.

 

Date: May 2022

 

(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.