Introduction

These terms and conditions apply to all Participants in the LemFi Family & Friends Referral Program, whether as a Referrer or an Invitee.

Pomelo Technology US Inc. (“LemFi”), a Delaware corporation (together with all subsidiaries thereof, the “Company”, “we”, “us”, or “LemFi”, interchangeably), may offer referral programs or incentives for inviting friends and family or those with whom the Referrer has a personal relationship to use its services (a “Referral Program”). Any bonuses or incentives under such Referral Program are subject to these Referral Program Terms & Conditions (the “Terms & Conditions”), as available and amended at our sole discretion.

By participating in LemFi Referral (the “Referral Program” or the “Program”), you agree to the following Terms & Conditions. LemFi may, at any time and in its sole discretion, without prior notice, terminate, cancel, suspend, withdraw or modify the Program or these terms. You may, at your own discretion, invite your friends and family to join LemFi as a Referrer. Please refer to the definitions below for clarification regarding the meaning of various words and phrases under LemFi Terms and Conditions.

Definitions

• LemFi Referral Program: A LemFi customer referral program allowing an existing LemFi customer (“Referrer”) to successfully refer new customers (“Invitee”) to join LemFi as a new customer, where the Referrer may earn a Referral Bonus and the Invitee may earn LemFi CashBack subject to applicable terms and conditions.
• Referrer: An existing LemFi customer who succeeds in:
  (a) introducing a new customer (Invitee) through their unique Referral Code;
  (b) the Invitee downloading the LemFi App using the unique Referral Code or hyperlink;
  (c) the Invitee conducting a Valid International Money Transfer.
• CashBack Criteria: Monetary value to which only the Invitee is entitled provided the Invitee meets the following criteria:
  (a) downloads and signs up to the LemFi App;
  (b) conducts a Valid International Money Transfer.
  The CashBack Bonus is available to US, Canada, and UK customers, excluding EU customers.
• Invitee: A new customer introduced by a Referrer using the unique Referral Code resulting in:
  (a) the Invitee downloading the LemFi App;
  (b) the Invitee performing a Valid International Money Transfer using the LemFi App.
• Referral Code: A unique code obtained by a Referrer from LemFi to introduce new customers.
• LemFi Referral Points Criteria: Points that may only be earned by the Referrer provided the following conditions are met:
  (a) the Invitee conducts a valid and successful International Money Transfer;
  (b) the transaction conducted by the Invitee is of sufficient monetary value (as amended from time to time at LemFi’s discretion).
  Note: Referral Points earned by the Referrer can only be redeemed for cash value if used against existing or future Valid International Money Transfers.
• LemFi Generic Points Criteria: Points that can be earned by both the Referrer and the Invitee against their own Valid and successful International Money Transfer. These Points can be redeemed for cash value provided such cash value is used for undertaking any International Money Transfer.
• Participant: Refers to both the Referrer and the Invitee who participates in the LemFi Referral Program.
• Valid LemFi Account Criteria: A LemFi account that is ready to use, including such accounts that are unrestricted and approved by LemFi. A Valid LemFi Account is one where the User has undergone the entire KYC process (including identification verification) or where an account is authorized for use but with limitations pending User Identification Verification.
• Valid International Money Transfers Criteria: Successful International Money Transfers performed by the Invitee which are of a specified, amended, or modified value (as amended from time to time at the discretion of LemFi) and may entitle the Referrer to earn CashBack under this Referral Program as notified via emails, push notifications, or as referenced on the LemFi | Invite and Earn page.

Note: The SignUp Bonus is not available to US or EU customers.

1. LemFi Referral Program Period

You may participate in this Program or any aspect thereof as a Referrer until the Program is terminated, withdrawn, suspended, or modified by LemFi. If you introduce an Invitee prior to LemFi’s termination or modification of the Referral Program, you or the Invitee may still be eligible to earn CashBack, LemFi Referral Bonus (as applicable) or Generic Points if both you and the Invitee meet the applicable criteria prevailing at the time.

2. Conditions Applicable to You as a Referrer

2.1. Ensure that you:

• have obtained the consent of the Invitee to whom you intend to send the Referral Code;
• copy and send the Invitee a LemFi-generated link to enable the Invitee to sign up for the LemFi App;
• inform the Invitee that you may benefit from the referral and any future transactions they may perform using the LemFi App.

2.2. You agree to respect the wishes of any potential or prospective Invitee by ensuring that:

• you do not directly or indirectly exert any undue influence over a person who does not wish to become an Invitee;
• you do not cause distress or nuisance to anyone who does not wish to become an Invitee;
• you do not exploit the vulnerability of a prospective Invitee in any manner whatsoever.

2.3. You accept that your Invitee is entitled to exercise any of the following rights that shall supersede your rights and expectations, including but not limited to:

• the Invitee’s right to prevent disclosure to you of any information which might have entitled you to any rewards or Points;
• the Invitee’s right to prevent any information being disclosed to you on the LemFi App or by any other means; and
• the Invitee’s right to prevent you from earning any rewards based on their activities on the LemFi App.

2.4. You accept that you are liable for all taxes related to any rewards or points earned through the LemFi Referral Program as determined by the local tax laws applicable to you depending on your location.

2.5. You accept that you shall be liable for any violation of applicable laws, regulations, or data protection breaches without recourse to LemFi or the Invitee.

2.6. You accept that you may not be entitled to any rewards based on your Invitee’s activities on the LemFi App unless the Invitee consents to such entitlement.

2.7. You agree to act in good faith at all times. Your entitlement to any rewards under the Program is based on:

• the consent of the Invitee;
• the sole discretion of LemFi; and
• availability of the Program.

2.8. You acknowledge that any CashBack, SignUp Bonus, or Referral Points to which you may be entitled as a Referrer are solely at the discretion of LemFi.

2.9. You warrant that you will only invite friends, family, or persons with whom you have an existing personal relationship and their ongoing consent to join LemFi. Failure to do so may render you liable for sending unsolicited messages.

2.10. You accept that any SignUp Bonus or CashBack earned is valid only for a period of 30 days from the date the reward was granted provided that:

• you continue to remain a LemFi customer;
• your LemFi account is not closed or suspended by LemFi for any reason;
• the Invitee does not withdraw their consent for you to earn Referral Points; and
• provided that the SignUp Bonus or Referral Points are used against existing or future International Money Transfers.

2.11. If you fail to use any earned Referral Points or SignUp Bonus within 30 days as specified in Section 2.10, you agree to forfeit such rewards without recourse to LemFi.

2.12. You acknowledge that any Referral Bonus and Points earned are for your sole and exclusive use and cannot be transferred to anyone else.

2.13. You accept that any Referral Bonus and Points earned through this Program does not constitute Electronic Money and are subject to the applicable criteria as defined.

2.14. Referral Bonus and Points earned but unused cannot be applied if your account is closed for any reason whatsoever, restricted, or if you decide to terminate your relationship with LemFi.

3. Conditions Applicable to You as an Invitee

3.1. You accept that your Referrer is entitled to earn Referral Bonus and Points (subject to applicable criteria) provided that you have:

• downloaded the LemFi App;
• performed a successful Valid International Money Transfer of a specified value (as amended by LemFi from time to time at its sole discretion); and
• set up a Valid LemFi Account.
  Furthermore, you agree and consent that your Referrer is entitled to the following information about you and your LemFi account activities:
  • Confirmation that you, as an Invitee, have signed up for the LemFi App;
  • Information on your active/inactive performance on the LemFi App, including (a) whether you have conducted any Valid Money Transfers, (b) information on the value of points or rewards earned from your activities (excluding details of your financial transactions), and (c) any other information LemFi chooses to share with the Referrer, except sensitive, confidential, or regulatory information.

3.2. If you choose to withdraw your consent to disclose any information to the Referrer, you must notify the Privacy team in writing at: privacycounsel@lemfi.com.

3.3. You warrant that you have not been forced or coerced in any manner to:

• download the LemFi App;
• set up a Valid LemFi Account; or
• provide consent for your Referrer to receive information as detailed in Section 3.1.

3.4. You agree that you are responsible for notifying LemFi should you encounter any fraudulent activities related to the Program or your referral.

3.5. You acknowledge that any rewards to which you or your Referrer may be entitled are at the sole discretion of LemFi.

3.6. You accept that you are personally liable for any taxes due in respect of points and rewards earned through LemFi.

3.7. You accept that any rewards earned are valid only for 30 days from the date they are granted, provided that:

• you remain a LemFi customer; and
• your LemFi account is not closed or suspended by LemFi for any reason whatsoever.

3.8. You accept that any points granted to you do not constitute Electronic Money.

3.9. Any points earned by you after becoming a LemFi customer shall be subject to the same terms and conditions as applicable to the Referee.

4. Types of Rewards & Points

4.1. As a Referrer, you are entitled to receive Referral Points or Bonus (as applicable) if you are a UK or Canadian customer, subject to LemFi’s discretion.

4.2. A Referrer who is a US customer is only entitled to earn LemFi Referral Points and Bonus, subject to LemFi’s discretion.

4.3. As an Invitee, you are entitled to earn LemFi Generic Points on your transactions, subject to any changes or withdrawal of such offers by LemFi at its sole discretion.

4.4. The Referral Bonus and any Points can be adjusted, revoked or withdrawn (from time to time) at LemFi’s sole discretion without previous notification or approval from you.

4.5. Any bonuses, or prizes forming part of any promotions or offers must be used within 30 days from the date they are awarded, or they will be withdrawn without further notice.

5. LemFi Referral Bonus and Points Entitlement

Any of the aforementioned entitlements are subject to the existing or amended criteria as defined above.

6. Points Rewards Criteria (Applicable to Both Referrer & Invitee)

6.1. Once the Invitee has signed up for a LemFi account with a valid phone number using the link sent by the Referrer; and

6.2. Once the Invitee has set up and started using their Valid LemFi Account, the Referrer shall be entitled to earn points from the Invitee’s future transactions provided the minimum value of a single transaction is equal to or greater than the amount specified in the Valid International Money Transfer Criteria (as communicated via email, push notifications, or on the LemFi | Invite and Earn page).

6.3. The Invitee is also awarded points for conducting international money transfers using the LemFi App.

6.4. The points awarded to the Referrer and the Invitee are based on a variable formula which may be amended, changed, modified, or withdrawn with or without notice, at LemFi’s sole discretion.

7. Limits on Referrals

7.1. Referrers may only invite family, personal friends, or persons with whom they have an existing personal relationship.

7.2. If two or more Referrers invite the same Invitee, LemFi will credit the reward to the person whose invitation was accepted first, as determined at LemFi's sole discretion.

8. Receiving and Using LemFi Referral Bonus or Points

8.1. LemFi reserves the right to limit, cancel, delay, revoke, or withdraw Referral Bonus or Points, as a whole to it’s customers, at its sole discretion – especially if a Participant is believed to have violated these Terms or the LemFi User Agreement, has acted in a fraudulent or abusive manner, or if LemFi restricts or closes their Valid Account pursuant to the LemFi User Agreement.

8.2. LemFi may provide an alternate reward of equal value if it is unable, for any reason, to fulfill the reward. Reward redemptions are final, non-refundable, and subject to review and verification.

8.3. LemFi is not responsible if any email, reward, referral, or Program-related materials or correspondence are lost, fraudulent, abused, stolen, delayed, altered, or misdirected, or if a participant’s email address, Valid Account, or other contact information is deleted or changed without prior written notice to LemFi.

8.4. The Program is void where prohibited or if a Participant’s accounts or transactions are fraudulent, abusive, not completed through legitimate channels, or irregular in any other manner.

8.5. Accrued Referral Bonus and Points can only be redeemed or applied against future Valid International Money Transfers approved by LemFi, unless withdrawn.

9. Limitation of Liability

9.1. To the fullest extent permitted by law in the applicable jurisdictions, in no event shall LemFi be liable to you or any third party for any damages arising from your participation in the Referral Program, including but not limited to special, indirect, incidental, punitive, and/or consequential damages. LemFi’s maximum aggregate liability to any Participant and any third party under any and all circumstances shall be the then-current 10 EURO value of the Participant’s unspent monetary reward under the Referral Program.

9.2. All warranties, express and implied, regarding the Referral Program and use of the LemFi App services are disclaimed (including, without limitation, any warranties of merchantability, non-infringement of intellectual property, and/or fitness for a particular purpose). LemFi makes no representation or warranty regarding any results obtainable through the Referral Program or the delivery time of any rewards it may promote.

10. Other Terms and Conditions

10.1. We reserve the right to amend or terminate the Referral Program at any time without notice. Resolution of all questions or disputes regarding eligibility for the Referral Program, earnings of rewards, or your compliance with these Terms & Conditions shall be subject to our reasonable interpretation.

10.2. If a Participant or Invitee attempts to use the Referral Program in breach of these Terms & Conditions, the LemFi User Agreement, or in violation of any law, statute, or governmental regulation, we reserve the right to suspend or terminate the account under the User Agreement or void the rewards of either party.

10.3. Any questions or complaints regarding the Referral Program can be addressed to our Customer Service Team: support@lemfi.com.

11. Governing Law

• US Customers: This Referral Program is subject to the laws of the State of New York, and the Referrer, the Invitee, and LemFi shall submit to the jurisdiction of the courts of New York for any claims or disputes.
• UK Customers: This Program is subject to the laws of England & Wales, and the Referrer, the Invitee, and LemFi shall submit to the jurisdiction of the courts of England & Wales for any claims or disputes.
• Canadian Customers: Any disputes or claims arising under these terms and conditions shall be subject to the Canadian Arbitration Act, and the Referrer, the Invitee, and LemFi shall submit in accordance with Canadian laws.