Introduction
I. Scope of Application. The JuanCash Outward Cross-Border Remittance ("Services") offered by Zybi Tech Inc. Doing Business Under the Name and Style of JuanCash, hereinafter referred to as ("JuanCash") shall be governed by these Terms and Conditions. All matters not set forth in these Terms and Conditions shall be governed by the relevant terms and conditions contained and published at http://www.juancash.com and deemed incorporated by reference in these Terms and Conditions
II. Definition of Terms. The following defined terms used in these Terms and Conditions shall have the meaning as set forth below:
i. Alliance Partner - Refers to EMQ Singapore Pte Ltd., a third-party remittance institution and is licensed by the Monetary Authority of Singapore that will facilitate the Services per JuanCash instructions.
ii. One-Time Online Registration - Refers to the KYC ("Know-Your-Customer") process, which shall be completed by the first-time walk-in remitter by scanning the MerchantSender QR code prior to sending money. JuanCash instructions.
iii. Receiver - Refers to the designated beneficiary of the Sender to receive the remittance transaction.
iv. Sender - Refers to the JuanCash User who shall avail the Services
v. Remitter - Refers to the Non-JuanCash User who shall avail the Services through JuanCash Merchants
vi. Services - Refers to JuanCash Outward Cross-Border Remittance Services offered by JuanCash to be carried out by the Alliance Partner to the intended Receivers' Accounts per instructions as initiated by the Sender
III. Service Operator. The Service is offered by JuanCash and all rights and obligations of the Sender under the Terms and Conditions shall take effect and become vested only between JuanCash and the Sender. The Alliance Partner and the Receiver's Bank merely serve the role of facilitating and assisting JuanCash of its Services to the Sender, and do not and will not be a party to any transaction with the Sender.
IV. Transaction Limit. Subject to the existing JuanCash Tiering Limits, the remittance transaction initiated by the Sender is limited to a maximum amount per transaction and per year, depending on the applicable country. The JuanCash app displays the limits prior to the input of the remittance amount for the Services availed. Without fault or negligence on the part of JuanCash, remittance transactions initiated by the Sender beyond the JuanCash Tiering Limit shall not be processed.
V. One-Time Online Registration. All walk-in remitters are required to complete a one-time online registration via merchant QR code prior to sending the remittance amount. The Sender and Remitter understand that the Services can be made only to Receivers whose identities have been fully verified.
VI. Remittance Fund and Service Fee. In availing the Services, the Sender and Remitter must ensure the availability of funds in the JuanCash Wallet and pay the corresponding Service Fee in Philippine Peso. Such payment shall be automatically deducted from the Sender's JuanCash Wallet upon payment confirmation. The Remittance fund to be transferred shall be received by the Receiver in local currency.
i. Service Fee
The corresponding service fee is shown to the Sender prior to payment confirmation of the Services availed in the JuanCash App.
No Services shall be processed unless there is a sufficient balance on the Sender's JuanCash Wallet to cover the Remittance Amount to be transferred as well as the Service Fees associated thereof. Exchange rate depicted on the JuanCash Application is subject to change due to market fluctuation, final determination thereof shall be made upon payment confirmation. Any discrepancy as to the exchange rate prior to and after payment confirmation shall be borne to the Sender without any obligation on the part of JuanCash to refund or reimburse the same. Applicable taxes, duties, commissions, and the like, may be deducted from the amount to be paid to the Receiver either at the time of payment or at the time of the crediting of such amount to the Receiver's Account.
VII. Unsuccessful Transaction, Refund, and Service Fee. If JuanCash has processed the transaction request, but the Remittance Amount cannot be paid-out to the Receiver because:
i. The Sender has provided incorrect information, including but not limited to incorrect Receiver's Bank Account information;
ii. The Receiver's identity cannot be reasonably verified or satisfactorily validated by the Alliance Partner, Receiver's bank and/or pay-out outlet;
iii. The Receiver fails to pick-up the Remittance Amount within ten (10) calendar days;
iv. The transaction is rejected by the Receiver's Bank, and/or payout outlet for compliance reason; or
In any of the cases mentioned, JuanCash shall automatically cancel the transaction and refund the Remittance Amount excluding the Service Fee. If the Receiver's Bank imposes an additional handling fee for any of the above-mentioned cases, the Sender shall pay for the imposed fee and the same shall be automatically charged to the Sender's JuanCash Wallet.
However, the Sender shall not be responsible for the Service Fee in the following scenarios:
i. If the transaction request cannot be processed by JuanCash and/or Alliance Partner due to AML/CFT issues (i.e., if the Receiver's identity matches a name on the sanction list); and
ii. If the transaction request cannot be processed due to error caused by JuanCash and/or Alliance Partner.
In both cases, JuanCash shall automatically refund the Remittance Amount to the Sender's JuanCash Wallet including the Service Fee.
VIII. Restriction on the Services. JuanCash shall not accept, process, facilitate and/or execute the Services which are:
i. Prohibited by any existing laws, rules, and regulations of the Republic of the Philippines;
ii. Considered suspicious transaction (ST) as determined by JuanCash, Alliance Partner and/or Receiver's Bank;
iii. Beyond the JuanCash Tiering Limits and/or Transaction Limits, in case of doubt, the former precedes over the latter;
iv. Beyond the Receiver's transaction limit per day and/or other restrictions that may be imposed by the Receiver's Bank Account against the Receiver;
v. Beyond the amount against the available balance in JuanCash Wallet;
vi. Incomplete, false, inaccurate, and/or misleading information or documents provided for by the Sender; and
vii. Any other situations analogous to the foregoing.
IX. Confidentiality. By using the Services, the Sender acknowledges, agrees, and consents that the transaction information, including the One-Time Online Registration voluntarily provided and/or other information that is material and relevant to carry out the Services will be transferred, shared, and processed by JuanCash, Alliance Partner, Receiver's Bank Account and/or payout outlet in accordance with Data Privacy Act of 2012 and its Implementing Rules and Regulations and/or the best data practices in some other jurisdiction where such Receiver is located. All transaction records shall be maintained safely stored for five (5) years from the date of the transaction.
All pertinent data, information, and/or documents provided shall be treated with strict confidentiality and utmost protection except from the following scenarios wherein data, information, and/or documents may be disclosed:
i. to its Alliance Partner's directors, officers, employees, and agents, including accountants, legal counsel, and other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential);
ii. to the extent requested by any regulatory authority;
iii. to the extent required by applicable laws or regulations or by any subpoena or similar legal process;
iv. to any other party to this Agreement;
v. in connection with the exercise of any remedy hereunder or any suit, action or proceeding relating to this Agreement or the enforcement of rights hereunder;
vi. subject to an agreement containing provisions substantially the same as those of this Section, to any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement;
vii. with the consent of the Sender or Receiver; and
viii. to the extent such Information becomes publicly available or becomes available to the Receiver's Bank and/or payout outlet.
X. Disclaimer of Warranties. Sender understands and agrees that JuanCash materials, products, Services and any and all information found and provided in the JuanCash platform are on an "as is" and "as available" basis. Thus, JuanCash disclaims any and all warranties, whether express or implied, including, without limitation to, merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights arising from the course of performance, dealing or usage in trade. JuanCash also does not warrant and guarantee the accuracy, adequacy, or completeness of any and all information, data and materials found in the JuanCash platform and expressly disclaims liability from any and all errors or lapses therein. No warranty or guarantee is also given and that the JuanCash platform or the website is free from any and all kinds of viruses or other corrupting codes and programs.
BY AVAILING THE JUANCASH OUTWARD REMITTANCE SERVICE, THE SENDER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE SIGNATURE APPEARING IN THE JUANCASH REMITTANCE FORM CONSTITUTES THE ACCEPTANCE OF THIS AGREEMENT.