LemFi Australia Terms of Service

USER AGREEMENT & TERMS OF SERVICE

Key terms you should be aware of:

• we may delay, restrict or decline transactions in the circumstances set out in Section 6;
• our liability to you is limited as set out in Section 8, subject always to the non-excludable guarantees under the Australian Consumer Law;
• you give us an indemnity for certain matters as set out in Section 8.5;
• we may vary this Agreement on notice as set out in Section 1.5, and you may close your Account free of charge if you do not agree; and
• if you have a complaint, please follow the process in Section 5. None of these terms affect any right you have under the Australian Consumer Law, the Fair Trading Act 1987 (NSW) or any other applicable Australian consumer protection law that cannot be excluded, restricted or modified by agreement.

This User Agreement sets forth the terms and conditions for the use of LemFi services (hereinafter referred to as the "Services") provided by Pomelo Australia Pty Ltd (ABN 11 671 816 283) trading as LemFi (hereinafter referred to as "LemFi", "we", "us", and "our").

Pomelo Australia Pty Ltd is a subsidiary of Pomelo Technology US Inc registered at 251 Little Falls Drive, Wilmington, DE 19808, USA.

Pomelo Technology US Inc provides its Services through the LemFi App, which you may download and use to create a LemFi Account.

By opening, registering or using a LemFi Account or by otherwise using the Services, Customers (hereinafter referred to as "you" and "your") agree to be bound by this User Agreement and consent to receive communications related to the Services or your LemFi Account in electronic format. Customers are asked to carefully read the terms and conditions set forth in this User Agreement when registering to use the Services.

LemFi recommends that you print out a copy of this User Agreement to retain as a reference. Please note that if you do not accept this User Agreement, you will not be able to use the Services. You also agree, by using the Services and accepting this User Agreement, to comply with and accept our Privacy Policy (available at https://www.lemfi.com/legal/mobile-privacy), which sets forth the terms on which we handle any personal data we collect about you or that you provide to us. By using our Services, you consent to such processing and you confirm that all data provided by you is accurate.

Please read carefully all of the terms that may apply to you, including any additional changes notified on the LemFi App, emails, SMS and any other form of communication. Your use of the Services may be subject to additional terms and conditions, as communicated by us to you through the Service, and such additional terms and conditions are incorporated into this User Agreement. This User Agreement contains several sections, and you should read all of them carefully. The headings are for reference only. Some capitalised terms have specific definitions set out in this User Agreement.

1. LemFi Registration

1.1 Who We Are

LemFi operates in Australia through Pomelo Australia Pty Ltd (ABN 11 671 816 283), trading as LemFi, a digital money transfer and cross-border remittance company. LemFi enables residents of Australia to send money to friends and family in supported destination countries quickly, securely, and affordably through our mobile App and Website.

1.2 Regulatory Status

LemFi is registered in Australia with the Australian Transaction Reports and Analysis Centre ("AUSTRAC") as an Independent Remittance Dealer ("IRD") under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ("AML/CTF Act") and AUSTRAC Registration Number IND100885558-001.

1.3 Your LemFi Account

Your LemFi Account is a remittance account only. It is not a stored-value account, electronic money account, deposit account or any other form of balance account. You cannot hold, store or earn interest on funds within your LemFi Account. LemFi holds your funds only for the period required to complete each Transfer you instruct us to make. We do not lend, invest or otherwise deal with your funds in the interim. LemFi is not a bank or deposit taking institution.

1.4 Accepting This Agreement

You accept this Agreement when you: (a) register a LemFi Account; (b) download or launch the LemFi App; or (c) submit any transaction through our Services. By doing any of these things, you are making a legally binding commitment to comply with this Agreement.

1.5 Updates to This Agreement

We may update this Agreement from time to time for reasons including, but not limited to:

• changes to features, functionality or the way we offer our Services;
• new legal or regulatory requirements;
• managing fraud, operational or security risks;
• correcting errors, ambiguities or inconsistencies;
• restructuring or consolidating our terms; or
• introducing new Services or withdrawing existing ones.

We will give you at least 30 days' written notice of any change that reduces your rights or increases your obligations. For changes that are legally required to take effect immediately, that improve your position, or that are necessary to address an immediate security risk, we may give shorter notice. If you do not agree to a change, you may close your Account at any time before the change takes effect, without charge, and we will complete any transactions already accepted before closure. Your continued use of the Services after the notice period means you accept the updated Agreement.

1.6 Contact Details

Company: Pomelo Australia Pty Ltd (trading as LemFi)
ABN: 11 671 816 283
ACN: 671 816 283
Website (General): www.lemfi.com
Website (Contact us): https://lemfi.com/en-us/contact-us
Email: support@lemfi.com
Registered Address: 1 Eagle St, Brisbane City QLD 4000, Australia
AUSTRAC Reg.: IND100885558-001

2. Eligibility

2.1 Who Can Use LemFi

To be eligible for our Services, you must:

• be at least 18 years of age;
• be ordinarily and legally resident in Australia with a valid residential address in Australia;
• have the legal capacity to enter into a binding contract under Australian law;
• not be subject to any applicable sanctions (see Section 6.2); and
• be acting exclusively for your own benefit and not acting on behalf of any third-party principal or any third-party beneficiary when using the LemFi App or setting up a LemFi Account, unless expressly permitted by LemFi in writing.

You must only use the Services to transact on your own account and not on behalf of any other person.

2.2 Residency

To be eligible to set up a LemFi Account you must be resident in Australia and comply with all our information requirements, including identification and verification checks. The Services are available to Australian residents only. If you relocate outside Australia for a prolonged period, we may restrict or suspend your access. If you move permanently, please contact us to close your Account or sign up under a different jurisdiction.

2.3 One Account Per Person

You may hold only one LemFi Account. LemFi reserves the right to refuse the creation of duplicate accounts for the same user due to security and client identification requirements. If we discover you hold multiple Accounts, we may merge or close any or all of them. We will give you notice before doing so, unless we reasonably believe that giving notice would compromise an investigation into fraud or other criminal activity or would breach our legal obligations. If you believe your Account was opened in error or you need assistance, contact us immediately at support@lemfi.com (or other contact options set out above at Section 1.6).

3. The Services

3.1 LemFi Account Obligations

In order to use some or all of the Services, you must first open a LemFi Account by providing certain information. For legal reasons, all information you provide during the sign-up process or any time thereafter must be complete, accurate, and truthful.

You are responsible for keeping your home address, email address, telephone number, and other contact information up to date in your LemFi Account. We may refuse to provide or may discontinue providing the Services to you at any time for any reason. We treat all activities under a LemFi Account as those of the registered user.

You are responsible for anything that happens through your LemFi Account unless you close it or report misuse to us.

Limited Licence:

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable licence to use the Services for your personal, non-commercial use only and as permitted by the features of the Service. LemFi reserves all rights not expressly granted herein in the Services and LemFi content. LemFi may terminate this licence on the same terms on which it may close your Account (see Section 3.13).

Type of Service, Eligibility, and Account Access:

You will have only one LemFi Account. Your remittance services may not be activated unless we have been provided with the required information so that we may identify you and can comply with all applicable customer due diligence ("CDD") requirements under the AML/CTF Act and the Anti-Money Laundering and Counter-Terrorism Financing Rules 2025 ("AML/CTF Rules 2025"). We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements.

The remittance services are a direct remittance service only, and they are not a credit, bank, stored-value or balance-holding product. Each transaction you submit constitutes an offer from you to LemFi to process a money transfer on the terms displayed at the point of submission. We are not obligated to accept every transaction and may decline or restrict transactions at our reasonable discretion (see Section 6 for the circumstances in which we may do so). A transaction is not accepted by us until we have confirmed receipt of cleared funds through your Payment Instrument.

This Agreement does not give you any rights against any payment scheme, its affiliates or any third party. Only persons over 18 years of age are entitled to register for the remittance services.

Each time you seek access to the LemFi Account we will ask for your Security Credentials. Where the correct Security Credentials are entered, we may act on instructions received as if they were given by you, provided we have no reasonable grounds to suspect the instructions are unauthorised. You will not be liable for transactions that are unauthorised (as described in Section 4.6) or that result from our fraud, negligence or wilful misconduct, or from a breach of our security systems. We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or if we believe the Remittance Service is being used for an illegal purpose.

We will do all that we reasonably can to prevent unauthorised access to the Account. As long as you have not breached the other terms contained in this Agreement, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to the Account, subject to the terms hereof.

Use of the remittance services:

You may access your Account information by logging into your Account through the LemFi App. From here you will be able to view details of your transactions, including dates, currencies, charges, and exchange rates applied. This information is accessible at any time and can be stored and reproduced as necessary.

You agree to only use the remittance services for lawful purposes and to adhere at all times to all laws, rules, and regulations applicable to the use of the remittance services, including the terms of this Agreement. The Services are intended for personal use only, for sending money to people you know and trust, such as family and friends. You must not use the Services to send money to strangers or in connection with commercial or business activities, unless you hold a LemFi Business account and have been approved to do so.

In addition, by using the Services, you agree to: (a) provide accurate and complete information at all times; (b) promptly provide any additional documentation or information we request for CDD or monitoring purposes; (c) only initiate Transfers for lawful purposes; and (d) notify us immediately if you discover that any information you have given us is inaccurate or has changed.

3.2 Account Security and Privacy Obligations

We do not disclose your personal information, including account details, postal or email addresses to anyone except when legally required to do so and as specified in our Privacy Policy.

You, not LemFi, are responsible for maintaining adequate security and control of any and all IDs, passwords or any other details that you use to access your LemFi Account and the Services you access. You must:

• never disclose your LemFi Account password, PIN or one-time verification code to any person;
• use a strong password (at least eight characters, mixing upper and lower case letters, numbers, and symbols);
• avoid using easily guessable Security Credentials such as your date of birth, phone number or name;
• not store your Security Credentials in plain text on your device;
• enable multi-factor authentication where offered;
• never let anyone access your LemFi Account or watch you accessing your LemFi Account; and
• change your Security Credentials immediately and contact us at support@lemfi.com (or other contact options set out above at Section 1.6) if you believe your credentials have been compromised.

LemFi will never contact you to ask for your full password or one-time code. Any such request is fraudulent. Do not respond and report it to us immediately at support@lemfi.com. Any action taken through your Account using your Security Credentials will be treated as authorised by you, except to the extent it results from our fraud, negligence or wilful misconduct.

If you suspect your LemFi Account, login details, password or any other security features are stolen, lost, used without authorisation or otherwise compromised, contact us immediately (via the contact options set out above at Section 1.6). We may (but are not obligated to) suspend your LemFi Account or otherwise restrict its functionality if we have concerns about the security of the Account or potential unauthorised or fraudulent use.

You must make sure that your email account(s) are secure and only accessible by you, as your email address may be used to reset passwords or to communicate with you about the security of your LemFi Account. You should regularly check your transaction history and contact support immediately in case of questions or concerns.

3.3 Identity Verification (KYC)

In accordance with the AML/CTF Act and the AML/CTF Rules 2025, we are required to verify your identity before you can make your first Transfer. You will be asked to provide at least one of:

• a current Australian passport;
• a current Australian driver's licence (any state or territory); or
• another government-issued identity document acceptable to us.

We may also require proof of address (a utility bill or bank statement dated within 90 days) or additional documentation. We use reputable third-party identity verification providers and may also verify your identity electronically against government-held records.

You authorise LemFi to make any enquiries (including to third parties) that we reasonably consider necessary to validate the information you provide. LemFi reserves the right to access various government and private databases to verify your information. Where legally required, we may share the information gathered with regulators, law enforcement, financial institutions or our Service Providers. LemFi reserves the right to close, suspend or limit access to your LemFi Account and/or the Services in the event we are unable to obtain or verify this information.

3.4 How to Initiate a Transfer

To send money through LemFi:

• Log in to your Account on the App or Website.
• Select your Destination Country and delivery method.
• Enter the transaction Amount. The Exchange Rate, Fees, and estimated Payout Amount will be displayed before you confirm.
• Enter the Recipient's details, including full legal name and relevant account or delivery details.
• Select your Payment Instrument and confirm the transaction.

By confirming a transaction, you make an offer to LemFi to process the Transfer on the terms displayed. You are solely responsible for the accuracy of all details you provide, including the Recipient's name, account number or mobile wallet identifier. We are generally unable to amend transaction details after submission. Once a transaction is authorised, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received by us. If you become aware of an error, contact us immediately at support@lemfi.com (or other contact options set out above at Section 1.6).

3.5 Transfer Speed

Before you confirm any transaction, and again in your transaction receipt, we will display an estimated delivery date and time. These estimates are based on the payment method selected, delivery method, transaction review requirements, and the availability of our Service Provider network. We do not have any control over the time it may take for your bank or payment services provider to credit and make available funds to you or your Recipient. We use reasonable endeavours to ensure that transactions are completed within a reasonable time, however, this is subject to third-party service providers' terms and conditions. Actual delivery may vary. We cannot guarantee specific delivery times, and we are not liable for delays caused by factors outside our reasonable control.

3.6 Transfer Limits

Transfers are subject to per-transaction and cumulative limits, which vary based on your Account verification level, Destination Country, delivery method, and regulatory requirements. Current limits are shown in the App. We may modify limits at any time to comply with law, a direction from a competent authority, or to manage fraud, security or operational risk. Where a change to limits reduces your rights under this Agreement, we will give notice in accordance with Section 1.5, except where shorter or no notice is permitted under that Section (for example, to address an immediate security risk or to comply with a legal requirement that takes effect immediately). If your inbound or outbound money transfer request exceeds the imposed limit, we may decline your request or apply additional checks and obligations or time limitations before allowing the money to be sent.

3.7 Fees and Exchange Rates

Fees:

We charge a transaction fee for certain Transfers. The applicable Fee for each transaction will be clearly shown before you confirm. By confirming the transaction you agree to pay that Fee. Payment is due at the point of submission. Current Fees are shown in the App and may change. We will give at least 14 days' notice of any Fee increase via email or in-app notification.

You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report, and pay the correct tax to the appropriate tax authority.

Exchange Rates:

For transactions involving a currency conversion, we apply an Exchange Rate that includes a margin above the mid-market rate. This margin is part of LemFi's revenue for the transaction. The Exchange Rate is set at the moment you confirm the transaction. We and our Service Providers may also earn from the difference between the rate at which we purchase foreign currency and the rate we pass on to you, and this will be disclosed at the point of transaction. We will disclose the applicable Exchange Rate, together with all charges and Fees, before you confirm the transaction on your LemFi Account. Subject to your rights under applicable law that cannot be excluded, restricted or modified by agreement, once you confirm a transaction the Exchange Rate applied to that transaction is fixed. LemFi is not responsible for Exchange Rate movements that occur after a transaction is confirmed.

We reserve the right in our sole discretion to refuse any currency conversion order. Reasons for refusal may include but are not limited to incorrect information about the Recipient or where we believe you may have violated this Agreement. We will endeavour to notify you of any refusal, stating (where possible) the reasons for such refusal. However, we will not notify you if such notification may be unlawful.

Payment Instrument Authorisation:

When you fund a transaction using a debit card, you authorise us to debit that card for the transaction Amount plus all applicable Fees. If a debit attempt is unsuccessful, we may retry the same card once or more, subject to applicable law and card scheme rules. You may withdraw your authorisation by removing the card from your Account before a transaction is submitted. A small temporary authorisation charge (e.g. AUD 0.01) may be applied to verify a new card; this will be reversed once the card is confirmed.

Third-Party and Instrument Fees:

LemFi is not responsible for any fees charged by your card issuer, bank or other third-party provider in connection with a transaction. These may include cash advance fees (where your card issuer treats the transaction as a cash advance), foreign currency conversion fees, data or messaging charges from your mobile carrier or fees imposed by the Recipient's bank. You should review your agreements with those providers before initiating a transaction.

Chargeback Recovery:

If you dispute a legitimate transaction with your card issuer or bank and LemFi incurs a chargeback fee as a result, you agree to reimburse us for that fee within five (5) Business Days of our written request. This obligation survives termination of this Agreement. We will provide you with reasonable details of the fee and the basis for the recovery request.

Set-Off:

We may deduct from any refund or other amount payable to you any sum that is then due and payable by you to us under this Agreement, including unpaid Fees, chargeback fees or any other outstanding amounts. We will give you reasonable prior notice before exercising this right, except where giving prior notice would compromise an investigation into fraud or other criminal activity.

3.8 Payment Methods

Accepted Payment Instruments:

LemFi currently accepts the following Payment Instruments for funding Transfers from Australia:

• Australian debit cards (Visa and Mastercard);
• direct bank transfers (BSB and account number), where offered; and
• such other payment methods as LemFi may introduce from time to time.

Payment Instrument availability may vary by Destination Country and delivery method. We may add or remove accepted instruments at any time.

Dual-Network Debit Cards (eftpos):

If you pay using a dual-network debit card displaying both the eftpos logo and a Visa or Mastercard logo, your transaction (including any future recurring debits you have authorised) may be processed through either the eftpos network or the Visa/Mastercard network, regardless of which logo appears at the point of entry. This applies to all dual-network debit card payments made through LemFi.

Your Payment Instrument Warranties:

By providing a Payment Instrument, you represent and warrant that: (i) you are the authorised holder of that instrument; (ii) the instrument is valid, unexpired, and in good standing; and (iii) your use of it complies with any applicable laws and the terms of your agreement with the instrument's issuer.

3.9 Receiving a Remittance

LemFi works with a network of banks, mobile money operators, and cash pickup agents ("Service Providers") to deliver funds to Recipients. We publish information about where you can send your money at https://support.lemfi.com/hc/en-us/articles/4417242333329-Where-can-I-send-money. This information is subject to change.

For certain delivery methods (particularly cash pickup) the Recipient may be required to present valid government-issued identification and quote a transaction reference number before funds are released. It is your responsibility to share any reference numbers with your Recipient and to ensure the Recipient details you provide are accurate.

Expired Cash Pickup transactions. If a cash pickup transaction remains uncollected for 60 calendar days from the date the funds were first made available to the Recipient (or such shorter period as may be required by a Service Provider or local regulation), we will cancel the transaction and initiate a refund of the full transaction Amount, taxes, and any Fees you paid. We will refund to the same Payment Instrument used to fund the transaction. If we cannot credit that instrument, we will make reasonable attempts to contact you. If we are unable to reach you or credit the refund after a reasonable period, we will continue to hold the funds until they are required to be dealt with as Unclaimed Money under applicable Australian state or territory legislation.

3.10 Service Availability

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. The Services may be temporarily unavailable due to:

• scheduled maintenance windows, including weekend downtimes (details available at https://support.lemfi.com/hc/en-us/articles/45805991022737-Weekend-Downtimes);
• emergency maintenance required to protect system security or integrity; or
• factors outside our reasonable control, including third-party network or system failures.

We will use reasonable efforts to notify you of planned outages in advance. We have the right to suspend, withdraw, discontinue or change all or any part of our Service without notice. We are not liable for losses arising from service unavailability caused by factors outside our reasonable control. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).

3.11 Payment Instructions

You are responsible for ensuring the instructions you provide to us are accurate. Once payment instructions have been executed by LemFi, transactions cannot be cancelled or reversed and we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions. You further accept that your payment instructions are: subject to our approval and any third parties through whom we may process your payments; accurate, valid, and with your sole consent; approved by you without recourse to LemFi in respect of any claims, liabilities, loss or chargeback whatsoever; and subject to our legal and regulatory obligations as applicable.

3.12 Destination Country Requirements

In addition to the general terms in this Agreement, transfers to certain Destination Countries are subject to additional restrictions and requirements imposed by local regulators or our Service Providers. We update our Destination Country information regularly at https://support.lemfi.com/hc/en-us/articles/4417242333329-Where-can-I-send-money, but we are not responsible for inaccuracies arising from changes in local regulation. It is your responsibility to ensure that any Transfer you initiate complies with the laws of the Destination Country.

3.13 Closing Your LemFi Account

By You: You may close your LemFi Account at any time by contacting us at support@lemfi.com. We will complete any transactions already in progress at the time of your request, unless prohibited by law, and then close your LemFi Account. You agree that you will continue to be responsible for all obligations related to your LemFi Account even after it is closed.

By LemFi for Convenience: We may terminate this Agreement and close your Account at any time for any reason by giving you at least 15 days' notice by email or in-app notification. We will complete any transactions already accepted and in progress before the termination takes effect, unless prohibited by law.

Immediate Suspension or Termination: We may immediately suspend or terminate your LemFi Account and this Agreement without notice if: (a) you have breached this Agreement in a material or repeated way; (b) we are required to do so by applicable law, regulation or a direction from a competent authority; (c) we reasonably suspect your Account is associated with fraud, money laundering, terrorism financing, sanctions violations or other criminal activity; or (d) you have provided false, materially inaccurate or misleading information. We may also suspend or terminate your LemFi Account on not less than 30 days' notice if (i) your Account has been inactive for 24 or more consecutive months, or (ii) we are discontinuing the Services or a material part of them.

If we close your LemFi Account or terminate your use of the Services for any reason, we will provide you with notice of our actions and make any unrestricted money associated with pending transactions available for refund, subject to our legal obligations.

Effect of Termination: On termination: (a) your right to access and use the Services ceases immediately; (b) we will complete transactions already accepted and in progress, unless prohibited by law; (c) any outstanding Fees or amounts you owe us become immediately payable; (d) any licence granted to you under this Agreement is revoked; and (e) the provisions relating to Reversals and Chargebacks (Section 3.7(e) and 4.1), Complaints and Dispute Resolution (Section 5), Limitations on Liability and Other General Terms (Section 8), Privacy (Section 9) and any other provisions that by their nature should survive, will continue in full force.

3.14 Communications

By registering for an Account, you consent to receive all communications from LemFi electronically, including this Agreement and any updates, transaction receipts and confirmations, account notices and alerts, and any other legally required disclosures. We may communicate via email, in-app notification, SMS, push notification or by posting on our Website.

You may withdraw consent to receive marketing communications at any time by clicking "unsubscribe" in any marketing email or updating your communication preferences in the App. Withdrawal of consent to receive non-marketing communications (such as transaction confirmations or legal notices) will be treated as notice of your intention to close your Account.

You must keep your contact details up to date. LemFi is not responsible for any failure to receive communications caused by outdated details you have provided.

4. Issues That May Occur

4.1 Reversals and Chargebacks

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, and other liability incurred by LemFi caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse LemFi for any and all such liability. Payments to you may be invalidated and reversed by LemFi if: (a) our investigation of a bank or payment processor reversal finds that the transaction was fraudulent; (b) LemFi sent the payment to you in error; (c) the payment was unauthorised or invalidated by the sending bank; (d) you received the payment for activities that violated this Agreement; or (e) LemFi has a claim against you for the funds.

4.2 Cancellations

You may request cancellation of a transaction at any time before it has been completed. For these purposes, a transaction is completed when: (a) the Recipient has collected the funds (cash pickup); or (b) the funds have been credited to the Recipient's bank account or mobile wallet. To request cancellation, contact us via in-app chat or at support@lemfi.com (or other contact options set out above at Section 1.6) as soon as possible. Whether we can cancel a transaction depends on how far it has progressed. If we are able to cancel, we will refund the full transaction Amount, taxes, and any Fees paid. If the transaction has already been completed, it cannot be refunded except in the circumstances described in Section 4.5.

4.3 Error Resolution

If you believe an error has occurred in connection with a transaction (for example, the wrong amount was debited or your Recipient did not receive the funds) contact us as soon as possible with full details via in-app support chat, email at support@lemfi.com, or one of the other contact options set out above at Section 1.6.

We will acknowledge your query within 2 Business Days. We will determine in good faith whether an error has occurred within 45 days of you providing sufficient details, and in any event within 90 days. If we determine that an error occurred, we will correct it promptly and, where a refund is required, we will initiate payment within 3 Business Days of our determination. If you disagree with our determination, you may escalate under Section 5.

4.4 Undeliverable Transactions

If a transaction cannot be delivered (for example, because of incorrect Recipient details, a closed account or Service Provider rejection) we will notify you and give you 72 hours to provide corrected information and resubmit. If you do not respond within that window, we reserve the right to cancel the transaction and refund the transaction Amount, taxes, and any Fees you paid.

4.5 Refund Mechanics

The following terms apply to all refunds:

• Refunds will be credited to the same Payment Instrument used to fund the original transaction. We do not provide cash refunds or refunds to a different instrument without good reason.
• All refunds are made in Australian dollars. The amount refunded will be the transaction Amount in AUD as originally paid, with no adjustment for Exchange Rate movements.
• If the original Payment Instrument is no longer valid (for example, the card has expired or been cancelled), we will contact you to agree an alternative method. If we cannot agree an alternative after reasonable efforts, we will hold the funds as Unclaimed Money in accordance with applicable state or territory legislation.
• Refund processing times are typically 5–10 Business Days, depending on your card issuer or bank.

4.6 Unauthorised Transactions

An Unauthorised transaction occurs when money is sent from your LemFi Account that you did not authorise and that did not benefit you. If an Unauthorised transaction occurs, LemFi will refund you the full amount of the Unauthorised transaction, together with any Fees you paid in connection with it, provided that you notify us promptly after becoming aware of the Unauthorised transaction and cooperate reasonably with our investigation. This is in addition to any rights you have under the Australian Consumer Law or any applicable industry code.

The following are not considered Unauthorised transactions: if you give someone access to your LemFi Account (by giving them your login information) and they use your Account without your knowledge or permission, you are responsible for transactions made in this situation; and invalidation and reversal of a payment as a result of your own errors, negligence or disregard of proper and responsible conduct.

5. Complaints

5.1 Internal Complaints Process

If you have a question or complaint regarding the Services, please contact our complaints team in the first instance (as set out in Section 1.6 above):

• via in-app chat;
• by email at support@lemfi.com; or
• in writing to our registered Australian address at 1 Eagle St, Brisbane City QLD 4000, Australia.

We will acknowledge your complaint as soon as practicable and, in any event, within 3 Business Days. We will provide a written response setting out our decision, the reasons for it and your rights to escalate the complaint, within 30 calendar days of receipt.

If we cannot resolve your complaint internally or if you are dissatisfied with our response, you may refer your complaint to an appropriate external dispute resolution body. We will notify you of the relevant EDR scheme in our final response letter. You may also contact AUSTRAC (www.austrac.gov.au) about AML/CTF compliance concerns or the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au about privacy-related complaints.

5.2 Informal Resolution Period

If a dispute arises between you and LemFi that is not resolved through our complaints process, the parties may attempt to resolve it informally for a period of up to 60 days before commencing any formal proceedings. To initiate the informal resolution period, you may send a written notice to us at Attn: LemFi Legal, 1 Eagle St, Brisbane City QLD 4000, Australia (or support@lemfi.com), setting out a brief description of the dispute and the facts and law you rely on. Nothing in this clause requires you to engage in informal resolution before commencing court proceedings, or exercising any other right available to you under law, and nothing in this clause affects any applicable statutory limitation period.

5.3 External Dispute Resolution

If we cannot resolve your complaint internally or you are dissatisfied with our response, you may refer your complaint to an appropriate external dispute resolution scheme identified in Section 5.1. Referral to external dispute resolution does not affect your right to bring proceedings in a court of competent jurisdiction.

5.4 Binding Arbitration

If a dispute cannot be resolved through the informal resolution period or external dispute resolution, either party may refer the dispute to binding arbitration administered by the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be London, England. The arbitration will be conducted in English. The arbitral award is final and binding. Nothing in this clause requires you to refer a dispute to arbitration, and nothing in this clause limits your right to bring a complaint to an external dispute resolution scheme under Section 5.3 or to commence proceedings in a court of competent jurisdiction.

This arbitration clause does not restrict any rights you may have under the Competition and Consumer Act 2010 (Cth), the Fair Trading Act 1987 (NSW) or other applicable Australian consumer protection legislation.

6. Service Restrictions and Prohibited Uses

6.1 Our Right to Restrict Transactions

We may delay, block, freeze, refuse or cancel any transaction, and/or limit the amount you can transfer, in any of the following circumstances:

• we need additional time to verify your identity or Payment Instrument;
• we have reasonable grounds to suspect fraud, money laundering, terrorism financing or another offence;
• we are required to do so by applicable law, regulation or a direction from a competent authority;
• the transaction involves a Recipient or Destination Country subject to applicable sanctions; or
• you have breached this Agreement.

Where we restrict or decline a transaction, we will tell you the reason unless doing so would be unlawful, compromise a regulatory investigation or otherwise be contrary to our legal obligations.

6.2 Sanctions Screening

We screen all transactions against Australian Government sanctions lists (maintained by the Department of Foreign Affairs and Trade), UN Security Council consolidated lists, and other applicable sanctions registers. If a transaction is flagged for review, we may delay or decline it. We are not liable for any loss arising from our compliance with sanctions obligations.

6.3 Prohibited Activities

You must not use the Services for any unlawful, fraudulent or prohibited purpose. Prohibited Activities include:

• breaching this Agreement or any applicable law or regulation;
• using the Services in connection with money laundering, terrorism financing, proliferation financing or any other criminal activity;
• engaging in structuring (that is, breaking up transfers to avoid reporting thresholds);
• sending money to or from a person or entity subject to applicable sanctions, including those listed by the Australian Government (Department of Foreign Affairs and Trade), the UN Security Council, OFAC or OFSI;
• making payments related to illegal gambling, illicit drugs, weapons, counterfeit goods or any goods or services prohibited under Australian law;
• using the Services for commercial or business purposes without our prior written approval;
• providing false, inaccurate or misleading information to us;
• refusing to cooperate with a reasonable investigation or information request;
• using an anonymising proxy, VPN or similar tool to obscure your location or identity;
• attempting to obtain refunds or other payments you are not entitled to (including double-claiming);
• using automated tools to access, monitor or copy our App or Website; or
• acting in a way that could harm our systems, our reputation or other customers.

6.4 Consequences of Prohibited Activity

If we reasonably determine or suspect that you have engaged in a Prohibited Activity, we may, without prior notice: immediately suspend or terminate your Account; cancel or reverse any pending transaction; retain funds associated with the suspected prohibited activity as required or permitted by law; report the matter to AUSTRAC, the Australian Federal Police or other relevant authorities; and seek to recover from you any losses or liabilities LemFi incurs as a result.

7. Technology

7.1 LemFi App Conditions

In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on your device, subject to this Agreement and the Apple App Store and Google Play Store rules. We reserve all other rights. You must not copy, modify, distribute, sublicence, reverse-engineer, decompile or otherwise exploit the App or any part of the Services, except to the extent such restriction is prohibited by applicable law.

From time to time, updates to the App may be issued through the App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

7.2 Apple-Specific Terms

The following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for the LemFi App. Apple is not providing any warranty for the LemFi App. Apple is not responsible for maintenance or other support services for the LemFi App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App. The licence you have been granted herein is limited to a non-transferable licence to use the LemFi App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement.

7.3 Third-Party Services and Links

Our App and Website may contain links to third-party websites, applications or services ("Third-Party Services"). These links are provided for convenience only. LemFi does not endorse, control or take responsibility for the content, privacy practices or terms of any Third-Party Service. When you follow a link to a Third-Party Service, this Agreement no longer applies and you should review the relevant third party's own terms and policies before proceeding.

LemFi may also provide tools that allow you to share or export information to Third-Party Services. By using any such tool, you authorise LemFi to transfer the relevant information to that Third-Party Service, and LemFi is not responsible for how that service uses it.

7.4 Intellectual Property

"lemfi.com", "LemFi", and all logos related to the Services are either trademarks or registered trademarks of LemFi or LemFi's licensors. You may not copy, imitate, modify or use them without LemFi's prior written consent. All right, title, and interest in and to the LemFi Website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of LemFi and its licensors.

7.5 Customer Feedback

If you submit any feedback, suggestions, ideas, reviews or other input to LemFi about our Services (collectively, "Feedback"), you assign to us all right, title, and interest in and to that Feedback, and LemFi is free to use it for any purpose without restriction, compensation or attribution to you. This clause does not affect how we handle your Personal Information, which remains governed by our Privacy Policy.

8. Limitations on Liability and Other General Terms

8.1 Non-Excludable Guarantees (Australian Consumer Law)

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee or other right under the Australian Consumer Law (ACL) or any other applicable Australian law that cannot legally be excluded, restricted or modified by agreement.

Where you are a "consumer" within the meaning of the ACL and LemFi fails to comply with a consumer guarantee, our liability is limited (to the extent permitted by section 64 of the ACL) to the resupply of the relevant service or the payment of the reasonable cost of having the service supplied again.

8.2 Limitation of Liability

SUBJECT TO SECTION 8.1 AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LEMFI (INCLUDING ITS PARENT AND AFFILIATES), AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS OF LEMFI, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

Subject to Section 8.1, and except in respect of (i) death or personal injury caused by our negligence, (ii) our fraud or wilful misconduct, or (iii) any liability that cannot be limited or excluded under applicable law, LemFi's total aggregate liability to you (whether in contract, tort, statute or otherwise) arising from or relating to any single transaction shall not exceed the total transaction Amount plus all Fees paid by you in respect of that transaction. For loss or damage not connected to a specific transaction, LemFi's total aggregate liability shall not exceed the total Fees paid by you to LemFi in the twelve months before the event giving rise to the claim.

8.3 Specific Exclusions

Subject to Section 8.1, and except where caused by our fraud, negligence or wilful misconduct, LemFi is not liable to you for loss or damage arising from: (a) Transfers completed using your Account where you have provided inaccurate instructions or Recipient details; (b) your Payment Instrument having insufficient funds; (c) any amount not received by a Recipient where we have acted properly on your instructions; (d) currency fluctuations after a transaction is confirmed; (e) the inability to credit a refund because your Payment Instrument is no longer valid; (f) transactions delayed, blocked or refused in accordance with this Agreement or by another financial institution or Service Provider; (g) service outages or disruptions caused by third-party networks; (h) loss or corruption of data caused by events outside our reasonable control; (i) your use of the Services for commercial or business purposes without approval; (j) your failure to maintain your Security Credentials; (k) defects in digital content where you failed to install an update we provided; (l) acts of God, natural disasters, pandemics, government action or other events beyond our reasonable control; (m) disputes between you and any third party; or (n) errors or omissions in information provided by third parties.

8.4 No Warranty

Subject to Section 8.1, and to the extent permitted by law, LemFi, our employees and our suppliers provide the Services on an 'as available' basis and do not give any warranties, conditions or representations other than those set out in this Agreement or implied by law. Nothing in this clause excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law or any other right under Australian law that cannot lawfully be excluded.

8.5 Your Indemnity

You agree to indemnify LemFi, its directors, officers, employees, agents and affiliates against any claims, and any liabilities, losses, damages, costs and expenses (including reasonable legal fees) incurred in connection with such third-party claims, to the extent arising from: (a) your breach of this Agreement; (b) your use of the Services for any unlawful or prohibited purpose; (c) any inaccurate, false or misleading information you provide to us; (d) your failure to pay any Fees or amounts owed under this Agreement; (e) a Payment Instrument being used with your authority or as a result of your failure to safeguard your Security Credentials; or (f) your violation of any applicable law or the rights of any third party. Your indemnity is reduced to the extent the relevant claim, liability, loss, damage, cost or expense was caused or contributed to by LemFi's own negligence, wilful misconduct or breach of this Agreement. This indemnity is a continuing obligation and survives termination of this Agreement.

8.6 Relationship of the Parties

Our relationship with you under this Agreement is as an Independent Remittance Dealer, and an independent contractor for all purposes. LemFi is not your agent, trustee or fiduciary. Nothing in this Agreement creates a partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and LemFi.

8.7 Force Majeure

LemFi is not liable for any failure or delay in performing its obligations caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, government or regulatory action, war, terrorism, civil unrest, power failures or internet disturbances. Where a force majeure event affects a transaction already accepted by us, we will use reasonable efforts to complete it or refund you.

8.8 General Provisions

Entire Agreement. This Agreement (together with our Privacy Policy and any applicable Fees Schedule) constitutes the entire agreement between you and LemFi regarding the Services and supersedes all prior agreements, representations or understandings, whether written or oral. Nothing in this clause excludes liability for any misleading or deceptive conduct, or for any misrepresentation made fraudulently. Certain terms that by their nature should survive, will survive the termination of this Agreement.

Severability. If any provision of this Agreement is found by a court or tribunal of competent jurisdiction to be unlawful, void or unenforceable, that provision is to be read down to the minimum extent necessary to make it enforceable or, if it cannot be read down, severed, and the remaining provisions of this Agreement continue in full force.

Waiver. No failure or delay by LemFi in exercising any right under this Agreement constitutes a waiver of that right. Our failure to act with respect to a breach of any of your obligations does not waive our right to act with respect to subsequent or similar breaches.

Assignment. You may not assign, transfer or sub-contract any of your rights or obligations under this Agreement without our prior written consent. LemFi may assign its rights and obligations to any successor entity or in connection with a merger, acquisition or sale of all or substantially all of its assets, provided the successor is bound by this Agreement.

Third-Party Rights. Except as expressly provided in this Agreement (including Section 7.2 in respect of Apple), nothing in this Agreement confers or is intended to confer any benefit on, or right to enforce any term of this Agreement by, any person who is not a party to it.

Language. This Agreement is written in English. In the event of any inconsistency between an English version of this Agreement and any translation, the English version prevails.

Governing Law and Jurisdiction. The provision of the Services and any dispute or claim arising out of the provision of the Services is governed by the laws of New South Wales, Australia, and the Commonwealth laws of Australia applicable therein. Subject to the arbitration clause in Section 5.4, both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

9. Privacy

LemFi is bound by the Privacy Act 1988 (Cth) ("Privacy Act") and the Australian Privacy Principles. Our Privacy Policy, available at Privacy Notice, explains in full how we collect, use, disclose, store and protect your Personal Information, and is incorporated by reference into this Agreement.

When you provide us with information about your Recipient, you confirm that you have their knowledge and, where required by law, their consent to share that information with us for the purpose of processing the Transfer.

Under the Privacy Act, you have the right to access and request correction of the Personal Information we hold about you, and to make a privacy complaint. To exercise these rights, contact our Privacy Officer at dataprivacycounsel@lemfi.com. If you are unsatisfied with our response, you may refer your complaint to the Office of the Australian Information Commissioner ("OAIC") at www.oaic.gov.au.

We retain transaction records and CDD documentation for a minimum of 7 years following the relevant transaction date or the closure of your Account (whichever is later), in accordance with the AML/CTF Act. You may request a copy of any legally required disclosures (including this Agreement) from us via support@lemfi.com, and we will provide this to you in a form which enables you to store the information in a way that is accessible for future reference.

10. LemFi Promotions

LemFi may provide you with offers, other products and services, including ad-hoc promotions to its existing users or may encourage new users to join LemFi. All promotions are subject to their own independent terms and conditions which must be read, understood, and accepted if an existing or new user wishes to take part in a LemFi Promotion. As a general condition, a promotion which provides monetary value to a participant is subject to the following rules:

• Awards must be used within 30 days from the date awarded and must be used as part of an international money transfer, inclusive of any minimum value (currently AUD 5 but this may change from time to time) forming part of a single money transfer, and any other applicable terms.
• Any additional awards, bonuses or prizes forming part of any promotion or offer must be used within 30 days from the date they are awarded, failing which they will be withdrawn without further notice.
• LemFi may amend, withdraw or replace the terms of any promotion on reasonable prior notice. Any monetary award that has already been credited to a participant's Account will be honoured in accordance with its terms on the date it was awarded, except where withdrawal is required by law or where the award was obtained through fraud, abuse or breach of this Agreement.