Terms and Conditions and Privacy Policy

1. Introduction and Acceptance of Terms

These Terms and Conditions, together with the Privacy Policy set out in Section 10 (collectively, the “Agreement”), govern access to and use of the Kapwa web application, related mobile interfaces, and all concierge, relocation, immigration-facilitation, medical-support, real-estate-support, and lifestyle-support services (collectively, the “Services”) offered by Kapwa Services, Inc. (“Kapwa,” “we,” “us,” or “our”), a corporation duly organized and existing under the laws of the Republic of the Philippines, with its principal place of business in Cebu City, Philippines, and an affiliate of Kapwa Relocation LLC.

Kapwa was created around the Filipino cultural concept of “kapwa” — the shared self, or the recognition of one's interconnectedness with others — and exists to support foreign nationals, expatriates, retirees, and their families in navigating relocation to, and daily life within, the Philippines.

1.1 Click-Through Acceptance

This Agreement is a click-through (“clickwrap”) agreement. Before you may create an account, submit any registration or intake form, or access any paid or account-gated feature of the Web App, you will be presented with the full text of this Agreement (or a hyperlink to it) and a mandatory, unchecked “I have read and agree to the Terms and Conditions and Privacy Policy” checkbox or button. You cannot proceed — and no account will be created or Service delivered — until you affirmatively click or tap to indicate your agreement. Passive browsing of publicly available, non-gated informational pages of the Web App does not, by itself, constitute acceptance of this Agreement.

By clicking or tapping “I Agree” (or the equivalent acceptance control), you acknowledge that: (a) your action constitutes a valid electronic signature and an unambiguous expression of consent to be bound by this Agreement, given the same legal effect as a handwritten signature under the Electronic Commerce Act of 2000 (Republic Act No. 8792) and its Implementing Rules and Regulations; and (b) Kapwa will record and retain, as evidence of your acceptance, the date and time of your click, the version of the Agreement presented, your account identifier, and the IP address and device information associated with the action, in accordance with Section 10 (Privacy Policy).

Where Kapwa materially amends this Agreement under Section 17, continued use of the Services will require you to click through and accept the updated version before further access is granted.

1.2 Application to All Users

This Agreement applies regardless of your nationality, country of residence, or the country from which you access the Services. Because Kapwa serves clients from many different countries, Section 10.8 (Cross-Border and International Users) explains how this Agreement interacts with data protection and consumer laws that may also apply to you in your home country. If you do not agree to any part of this Agreement, you must not click to accept it and must not access or use the Services.

2. Definitions

• “Web App” means the Kapwa website, web application, and any associated online portals, dashboards, or booking tools.
• “Concierge Services” means the human-assisted advisory and coordination services provided under Kapwa's three service tracks: Relocation Concierge, Medical Concierge, and Day & Life Concierge.
• “Partner” or “Third-Party Partner” means an independent healthcare provider, real estate broker or developer, insurance agent or carrier, government-facilitation professional, or other independent contractor or entity referred to or coordinated with through the Services.
• “SRRV” means the Special Resident Retiree's Visa administered by the Philippine Retirement Authority (PRA).
• “User Content” means any information, documents, identification data, or communications a User submits through the Web App or to Kapwa personnel.
• “Personal Data” has the meaning given in the Philippine Data Privacy Act of 2012 (Republic Act No. 10173) and, for purposes of Section 10.8, includes “personal information”, “personal data”, or similar terms as defined under a User's home-country data protection law where applicable.
• “Applicable Law” means the laws of the Republic of the Philippines unless expressly stated otherwise.

3. Eligibility and Who May Use the Services

The Services are intended primarily for: (a) foreign nationals and their qualified dependents who are relocating to, retiring in, or residing in the Philippines; (b) current SRRV holders and applicants; (c) balikbayans and dual citizens seeking foreign-national-oriented support; and (d) short-term visitors evaluating relocation. You must be at least eighteen (18) years of age and possess the legal capacity to enter into binding contracts to create an account.

You represent and warrant that all information you provide — including passport details, visa status, and immigration documentation — is true, current, and accurate, and that you will promptly update such information if it changes. Kapwa is an accredited Special Resident Retiree's Visa (SRRV) agent and acts as an immigration agent on behalf of clients in connection with SRRV and related visa applications, in accordance with its accreditation from the Philippine Retirement Authority (PRA) and applicable Bureau of Immigration (BI) requirements. Acting as your agent means Kapwa may prepare, submit, and follow up on applications and supporting documents on your behalf; it does not mean Kapwa controls, or can guarantee, the decision of the PRA, the BI, or any other Philippine government authority. Final approval of any visa, permit, accreditation, or application rests solely with the relevant government agency.

Kapwa reserves the right to refuse, suspend, or terminate access to the Services for any User who provides false information, fails to meet eligibility requirements, or whose use of the Services would violate Philippine law or the law of their home country.

4. Description of Services

4.1 The Web App

The Web App provides informational tools and resources covering neighborhoods, schools, cost-of-living comparisons, and healthcare-provider information relevant to relocating to and living in the Philippines. Informational content is provided for general guidance only, may not reflect real-time conditions, and should be independently verified before you rely on it for any decision, including financial, medical, legal, or immigration-related decisions.

4.2 Concierge Service Tracks

• Relocation Concierge — assistance with logistics, documentation coordination, and orientation related to relocating to the Philippines, including SRRV agency and immigration-agent representation under Kapwa's PRA accreditation as described in Section 3.
• Medical Concierge — coordination and scheduling support connecting Users with independent, licensed healthcare providers and facilities.
• Day & Life Concierge — ongoing lifestyle, errand, and logistics support for Users already residing in the Philippines.

Concierge Services are offered on a pay-per-task, hourly, or monthly membership basis, as described in the applicable price list or service agreement provided to you at the time of booking. Specific deliverables, response times, and fees for each engagement will be confirmed separately and are incorporated into this Agreement by reference.

4.3 Scope of Professional Advice

Kapwa will not hold itself out as providing, and will not provide, professional advice in any field unless Kapwa holds the relevant accreditation, license, or documented training in that specific area. At present, this accreditation covers SRRV agency services and immigration-agent services as described in Section 3. Outside of an area in which Kapwa is specifically accredited and trained, nothing provided through the Services — including through the Web App, Concierge Services, or Kapwa personnel — constitutes legal, medical, financial, tax, or real estate advice, and Users should seek independent, licensed professional advice on those matters. Where Kapwa refers you to a Partner (such as a physician, broker, or insurance agent) for a matter outside Kapwa's own accreditation, that Partner — and not Kapwa — is solely responsible for the professional advice, treatment, product, or service they provide.

5. Account Registration and Security

You must register for an account to access certain features of the Web App or to book Concierge Services. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You must notify Kapwa immediately at the contact details in Section 18 if you suspect unauthorized access to your account.

Kapwa may request identity-verification documents (such as a passport copy or SRRV identification card) to confirm eligibility, prevent fraud, and comply with partner onboarding requirements (for example, healthcare or insurance intake requirements). Such documents will be handled in accordance with Section 10 (Privacy Policy).

6. Fees, Payment, and Refunds

Fees for Concierge Services are set out in the applicable price list, membership tier, or individual service quotation presented to you before you confirm a booking. Prices may be quoted in Philippine Pesos (PHP) or United States Dollars (USD) depending on the service; the currency and any conversion terms will be disclosed at checkout or in your service agreement.

Payments are processed through the third-party payment channels made available on the Web App. Where you enroll in a recurring subscription or membership tier, you authorize Kapwa to store your payment information, including credit or debit card details, for the purpose of processing recurring charges. Kapwa stores and processes such payment information only to the extent permitted under Philippine law, including applicable Bangko Sentral ng Pilipinas (BSP) regulations on payment card security and the Data Privacy Act of 2012, and using industry-standard safeguards such as encryption and, where available through its payment processor, tokenization. You may withdraw authorization to store your payment information at any time by contacting Kapwa, subject to any amounts already due. Except where required by Philippine consumer protection law or expressly stated in a specific service agreement, fees for services already rendered or scheduled within the applicable cancellation window are non-refundable. Membership fees, where applicable, renew automatically unless cancelled in accordance with the notice period stated in your membership terms.

7. Third-Party Partners and Referrals

Kapwa maintains a network of independent Partners across healthcare, real estate, and insurance, among other sectors. When Kapwa refers, coordinates with, or facilitates an introduction to a Partner:

• The Partner acts as an independent contractor and is not an employee, agent, or representative of Kapwa unless expressly stated in writing;
• Kapwa does not guarantee, warrant, or assume liability for the quality, legality, safety, or outcome of any product or service provided by a Partner;
• Any contract for services (e.g., a condominium reservation agreement, an insurance policy, or a medical treatment plan) is formed directly between you and the Partner, subject to that Partner's own terms; and
• Kapwa may receive referral fees, commissions, or other compensation from Partners, which does not increase the price you pay and will be disclosed to you upon request where required by law.

You should independently verify the licensing, accreditation, and standing of any Partner (for example, real estate brokers' PRC license status, or an insurance agent's Insurance Commission accreditation) before entering into a separate agreement with them.

8. User Conduct

You agree not to: (a) use the Services for any unlawful purpose or in violation of Philippine immigration, tax, or foreign ownership laws; (b) submit false, fraudulent, or misleading identification or immigration documents; (c) harass, threaten, or abuse Kapwa personnel or Partners; (d) attempt to reverse-engineer, scrape, or interfere with the Web App's security or operation; or (e) use the Services to circumvent any applicable law of your home country, including sanctions, export control, or currency-control regulations.

9. Intellectual Property

The Web App, including its design, text, graphics, logos, the Kapwa name and brand elements, and all underlying software, is the property of Kapwa Services, Inc. and/or Kapwa Relocation LLC and is protected by Philippine and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Web App for your personal, non-commercial use in connection with the Services. You may not copy, reproduce, distribute, or create derivative works from any part of the Web App without Kapwa's prior written consent.

10. Privacy Policy

This Privacy Policy explains how Kapwa collects, uses, discloses, stores, and protects Personal Data in connection with the Services, in compliance with the Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and issuances of the National Privacy Commission (NPC) of the Philippines.

10.1 Personal Data We Collect

• Identity and immigration data: full name, date of birth, nationality, passport number and copy, visa or SRRV status and identification numbers, and photographs submitted for verification;
• Contact data: email address, phone number, home-country and Philippine addresses;
• Financial data: billing information and transaction history processed through our payment channels, and, where you enroll in a recurring subscription or membership, payment card details that Kapwa stores for the purpose of processing recurring charges, safeguarded and retained only to the extent permitted under Philippine law, including Bangko Sentral ng Pilipinas (BSP) rules on payment card security and the Data Privacy Act of 2012;
• Health-related data: where you voluntarily use Medical Concierge Services, information you share for the purpose of coordinating appointments or referrals, such as medical conditions, medications, or insurance details — treated as “sensitive personal information” under the Data Privacy Act and processed with heightened safeguards and only with your explicit consent;
• Real estate and financial preference data: budget range, property preferences, and financing information shared for the purpose of real estate support services;
• Usage data: device information, IP address, browser type, pages visited, and similar analytics collected automatically through cookies and similar technologies (see Section 10.6);
• Communications: records of correspondence with Kapwa personnel, including chat, email, and call notes taken for service-quality purposes.

10.2 How We Use Personal Data

• To create and administer your account and deliver the Concierge Services and Web App features you request;
• To verify your identity and eligibility, including for SRRV-related or Partner-onboarding requirements;
• To coordinate introductions and referrals to Partners in healthcare, real estate, and insurance, with your consent;
• To process payments and maintain financial and tax records as required by Philippine law;
• To communicate with you regarding bookings, service updates, billing, and customer support;
• To send you marketing communications about Kapwa services, where you have opted in, and which you may withdraw consent to at any time;
• To improve, secure, and analyze the performance of the Web App; and
• To comply with legal, regulatory, and law-enforcement obligations in the Philippines or, where applicable, in your home country.

10.3 Legal Bases for Processing

Kapwa processes Personal Data on one or more of the following bases recognized under the Data Privacy Act: (a) your consent; (b) the necessity of processing to perform a contract with you or to take steps at your request prior to entering a contract; (c) compliance with a legal obligation; or (d) Kapwa's legitimate business interests, balanced against your fundamental rights and freedoms. Sensitive personal information, including health data, is processed only with your explicit, specific, and informed consent, or where otherwise permitted under Section 13 of the Data Privacy Act.

10.4 Sharing and Disclosure of Personal Data

Kapwa does not sell Personal Data. We may share Personal Data with:

• Third-Party Partners you have consented to be referred to (e.g., a specific physician, broker, or insurance agent), limited to the information reasonably necessary to facilitate that referral;
• Kapwa Relocation LLC and affiliated entities, for corporate administration and support purposes, subject to this Policy;
• Service providers who process data on Kapwa's behalf, such as cloud hosting providers, payment processors, and customer-support tools, under contractual confidentiality and data-protection obligations;
• Government authorities, including the Bureau of Immigration, the Philippine Retirement Authority, the Bureau of Internal Revenue, or courts, where required by Philippine law, regulation, or valid legal process; and
• A successor entity in the event of a merger, acquisition, or corporate reorganization involving Kapwa Services, Inc. or Kapwa Relocation LLC, subject to equivalent privacy protections.

10.5 Data Retention and Security

Kapwa retains Personal Data only for as long as necessary to fulfill the purposes described in this Policy, to comply with Philippine tax, corporate, and labor record-keeping requirements, or to establish, exercise, or defend legal claims, after which it is securely deleted or anonymized. Kapwa implements organizational, physical, and technical security measures — including access controls, encryption of data in transit, and restricted staff access to sensitive personal information — appropriate to the nature of the Personal Data being protected.

10.6 Cookies and Similar Technologies

The Web App uses cookies and similar technologies to keep you logged in, remember preferences, and analyze usage patterns. You may configure your browser to refuse cookies; doing so may limit certain features of the Web App. We do not use cookies to collect sensitive personal information without your consent.

On our public pages, we use Google Analytics (provided by Google LLC, through Google Tag Manager) to understand how visitors find and use our website, such as which pages are viewed, how visitors arrive (for example, from a search engine, social media, or a marketing campaign), and whether they submit an inquiry or complete a booking. Analytics cookies are only set if you select “Accept” in our cookie banner; if you select “Decline”, no analytics cookies are stored on your device and Google receives only limited, cookieless signals that cannot identify you, used for aggregate measurement. You can change your choice at any time using “Cookie settings” in the website footer. We do not send your name, email address, phone number, or the contents of your messages or applications to Google Analytics, and analytics is not used on your account dashboard. Analytics data is retained for up to 14 months. For more information, see Google’s explanation of how it uses data from sites that use its services at policies.google.com/technologies/partner-sites.

10.7 Your Rights as a Data Subject

Under the Data Privacy Act of 2012, you have the right to: be informed that your Personal Data is being processed; access your Personal Data; object to processing; request correction of inaccurate data; request erasure or blocking of data that is no longer necessary, unlawfully obtained, or used for unauthorized purposes; data portability; and to be indemnified for damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of Personal Data. You also have the right to lodge a complaint with the National Privacy Commission (www.privacy.gov.ph). To exercise any of these rights, contact Kapwa's Data Protection Officer using the details in Section 10.9.

10.8 Cross-Border and International Users

Because Kapwa serves Users from many countries, your Personal Data may be transferred to, stored in, and processed in the Philippines and, where Kapwa uses international cloud or service providers, in other countries whose data protection laws may differ from those of your home country. Kapwa takes contractual and technical measures intended to ensure that any recipient of your Personal Data outside the Philippines provides a comparable standard of protection.

If you are located in the European Economic Area, the United Kingdom, or another jurisdiction with its own data protection framework (such as the EU/UK GDPR, or similar laws in Australia, Canada, Singapore, or your home country), that framework may give you additional or different rights, and Kapwa will honor requests to exercise applicable rights to the extent required by that law, in addition to the rights set out in Section 10.7. Nothing in this Agreement limits any non-waivable statutory right you hold under your home-country law.

10.9 Data Protection Officer and Contact

Kapwa's designated Data Protection Officer can be reached at jesi@kapwa.services for any questions, concerns, or requests relating to this Privacy Policy or the handling of your Personal Data.

10.10 Children's Data

The Services are not directed at children under 18. Where a User relocates with minor dependents and shares data on their behalf (e.g., for school placement research), the User represents that they are the dependent's parent or legal guardian and consents to such limited processing on the dependent's behalf.

11. Disclaimers

THE WEB APP AND CONCIERGE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY PHILIPPINE LAW, KAPWA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KAPWA DOES NOT WARRANT THAT INFORMATION ON THE WEB APP (INCLUDING COST-OF-LIVING, SCHOOL, OR NEIGHBORHOOD DATA) IS ERROR-FREE, COMPLETE, OR CURRENT, AND SUCH INFORMATION SHOULD NOT BE THE SOLE BASIS FOR ANY RELOCATION, FINANCIAL, MEDICAL, OR LEGAL DECISION.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAPWA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND KAPWA RELOCATION LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OR SERVICE PROVIDED BY A THIRD-PARTY PARTNER. KAPWA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO KAPWA (EXCLUDING AMOUNTS PAID DIRECTLY TO THIRD-PARTY PARTNERS) IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED UNDER PHILIPPINE LAW.

13. Indemnification

You agree to indemnify and hold harmless Kapwa, its officers, directors, employees, and affiliates from any claim, liability, damage, or expense (including reasonable attorney's fees) arising from: (a) your breach of this Agreement; (b) your violation of any Philippine law, including immigration or tax law; (c) any false information you provide; or (d) your interactions with any Third-Party Partner.

14. Suspension and Termination

Kapwa may suspend or terminate your access to the Services, with or without notice, if you breach this Agreement, engage in fraudulent or unlawful conduct, or if required to do so by a government authority. You may terminate your account at any time by contacting Kapwa; termination does not entitle you to a refund of fees for services already rendered. Sections 9 through 13, and Section 10 (to the extent required to fulfil retention and legal obligations), survive termination of this Agreement.

15. Force Majeure

Kapwa shall not be liable for any delay or failure to perform its obligations resulting from causes beyond its reasonable control, including natural disasters (such as typhoons or earthquakes), government action, changes in immigration policy, pandemic or public health measures, power or internet outages, or other events of force majeure.

16. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict-of-laws principles. The parties agree to first attempt to resolve any dispute arising from this Agreement through good-faith negotiation. If a dispute cannot be resolved within thirty (30) days, it shall be submitted to voluntary arbitration in Cebu City, Philippines, in accordance with the rules of the Philippine Dispute Resolution Center, Inc., or, at Kapwa's election, to the exclusive jurisdiction of the proper courts of Cebu City, Philippines. This provision does not deprive you of any mandatory consumer-protection rights available in your country of residence to the extent such rights cannot lawfully be waived.

17. Changes to This Agreement

Kapwa may amend this Agreement from time to time to reflect changes in the Services, legal requirements, or NPC guidance. Material changes will be notified to you via the Web App or the email address on file at least fifteen (15) days before taking effect. Your continued use of the Services after the effective date of an amended Agreement constitutes your acceptance of the changes.

18. Contact Information

For questions regarding this Agreement, the Services, or your Personal Data, you may contact Kapwa Services, Inc. through the following channels:

• Registered Office: Cebu City, Republic of the Philippines
• General Inquiries: support@kapwa.services
• Data Protection Officer: jesi@kapwa.services
• Phone/WhatsApp/Viber: +63 947 4229 681

19. Severability and Entire Agreement

If any provision of this Agreement is held invalid or unenforceable under Philippine law, the remaining provisions shall continue in full force and effect. This Agreement, together with any specific service agreement, price list, or membership terms you have accepted, constitutes the entire agreement between you and Kapwa regarding the Services and supersedes any prior agreements or understandings, written or oral, relating to the same subject matter.

By using the Kapwa Web App or Concierge Services, you acknowledge that you have read and understood this Agreement, including the Privacy Policy, and agree to be bound by its terms.