LEMFI'S FRAMEWORK TERMS RELATING TO THE USE OF THE LEMFI APP, FOREIGN EXCHANGE AND PAYMENTS – EUROPE
2. Main characteristics of LemFi's service
2.1 LemFi's services allow you to:
(a) send money, in various currencies, from countries within the EEA to payment accounts in countries outside the EEA and which belong to other persons (for example payment accounts belonging to your friends and family residing in countries outside the EEA to which LemFi permits you to send money);
(b) carry out foreign exchange transactions prior to sending money to a beneficiary account you specify;
(c) view your transaction history and payment records on the LemFi app;
(d) see foreign exchange transactions that you have entered into with LemFi via the app; and
(e) see payments that you have executed via the app.
3. Information on these terms
We have drafted these terms in a question and answer format so that they are easy to read and understand. However, if you have any queries at all, please do not hesitate to get in touch with customer support.
3.1 Why should you read these terms? You should read these terms as they apply to the services LemFi can provide to you. They explain your responsibilities to LemFi and LemFi's responsibilities to you, how and when these terms can be terminated and the extent of LemFi's liability to you.
3.2 How do you accept these terms? You can accept these terms by ticking the relevant box online when you register with LemFi, or by otherwise agreeing to these terms on the app.
3.3 When do these terms come into force and when do they end? These terms come into force when you have accepted them and we have onboarded you as our client, or as otherwise advised, and shall remain in force until terminated.
3.4 How can these terms be terminated? You can terminate these terms immediately at any time by contacting LemFi's support team using one of the methods set out in section 1.2. We can terminate these terms at any time by providing you with 2 months' notice using one of the methods set out in section 1.5. LemFi can also close or suspend your access to the app in accordance with section 9.
3.5 What happens when these terms are terminated? Among other things, you will no longer be a client of LemFi and will therefore be unable to use the app. Any pending or in-flight payment transactions initiated prior to termination will be completed in accordance with these terms. For 6 years after these terms are terminated, you will be able to contact LemFi by email in respect of any outstanding matters relating to payments executed prior to termination. During this period, LemFi may require you to pay any money you owe to LemFi.
3.6 On agreeing to these terms and onboarding you as a client, what are LemFi's obligations to you? LemFi will:
(a) provide you with access to the app, including access to LemFi's payment services available via the app; and
(b) make LemFi's customer service team available to you.
3.7 On agreeing to these terms, what are your obligations to LemFi? By accepting these terms, you agree to abide by these terms and pay LemFi the fees.
3.8 Are there any words used in these terms which might need further explanation? Yes. The following words have the following meaning:
(a) "app" means the LemFi mobile application, which is available on Google Play and the Apple App Store;
(b) "beneficiary" means the person who will receive money, if you execute a payment using the app;
(c) "beneficiary account" means the wallet or payment account belonging to the beneficiary to which LemFi is instructed to send funds;
(d) "Funds", for the purposes of these terms, means scriptural money (also known as book money, being non-cash money held in bank accounts, existing only as electronic or written records rather than physical banknotes or coins) and electronic money (being an electronic alternative to money, and includes electronically stored monetary value as represented by a claim on the issuer which is issued on receipt of funds for the purpose of making payment transactions);
(e) "LemFi account" means the account on the app (which is not a stored-value wallet, electronic money account or other account that stores value or money) belonging to you which you use to instruct LemFi to send funds;
(f) "money", for the purposes of these terms, means money (as you would normally understand it) transmitted or to be transmitted via LemFi's payment services;
(g) "payment" means a payment transaction executed by LemFi on your behalf, consisting of the transfer of funds to a beneficiary account designated by you; and
(h) "payment account" means any type of account that can hold money (including a bank account and an electronic money account) and is held in the name of one or more payment service users which is used for the execution of payment transactions.
3.9 Is there anything else you should be aware of when reading these terms? Yes:
(a) these terms are concluded in English. If you are reading a non-English version, please note that this is provided for reference only and that the English version is the version which applies. In the event of any inconsistency between the English version and any translation, the English version shall prevail. The language of communication with LemFi during the contractual relationship shall be English, unless otherwise agreed;
(b) when reference is made to a business day, this generally means a day other than a Saturday, Sunday or a bank holiday in Ireland. However, a business day also includes a day on which the relevant payment service provider of the payer or the payment service provider of the payee involved in the execution of a payment transaction is open for business as required for the execution of a payment transaction. For the avoidance of doubt, Irish public holidays and any public holiday in the relevant host jurisdiction within the EEA shall be taken into account.
6. The app
6.1 What is the app? The app is LemFi's mobile application where you can, among other things:
(a) view the details of money you have exchanged and payments you have executed;
(b) initiate payment transactions in various currencies to payment accounts of third parties;
(c) carry out foreign exchange transactions prior to sending funds to a beneficiary; and
(d) download your monthly statements.
6.2 How do you access the app? You can access the app by downloading it onto your phone from your usual app provider. To use LemFi's mobile app, you need at least the following operating systems:
(a) iOS - version 12 minimum;
(b) Android – version 5.0 minimum.
6.3 How do you make a payment using the app? You can make a request to send funds to a payment account via the app by following the instructions therein, which will include inserting the following details:
(a) the amount in the currency of the transaction;
(b) the currency to be received by the beneficiary;
(c) the name of the person, company or institution you want to send the money to;
(d) the beneficiary account's BIC and IBAN, or such other information as LemFi may request for the execution of the payment,
and once you have provided the above details, you must send money to LemFi to execute the transaction, by using one of the following methods:
(e) by utilising instant bank transfer, from within the app, whereby the app connects to your own bank (using a third party payment initiation service provider) and allows you to instruct your bank to send money directly to LemFi;
(f) via debit card, by entering your card details on the app; or
(g) by using Apple Pay, Google Pay and Samsung Pay on the app.
You cannot transfer money through the app by using cash.
6.4 If the currency of the money you wish to send to the beneficiary account is different to the currency of the payment account you are making the payment from then LemFi will carry out a foreign exchange transaction for you at the foreign exchange rate set out in the app prior to sending money in the exchanged currency to the beneficiary account.
6.5 Can you set up a payment to be made at a date in the future? No, you can only ask LemFi to make payments for immediate execution.
6.6 Can you cancel a payment once you have asked LemFi to execute it? No.
6.7 How long will it take for the money to reach the desired account? We are obliged by regulation to let you know the maximum times (as set by law) it should take for money to arrive with the beneficiary's payment service provider from the date you told LemFi to make a payment. LemFi sets out these maximum times in the table below. Please note that it may take much less time for your money to reach the beneficiary's payment service provider.
| Payment type | If you provide your payment order at this time… | When will money arrive in the beneficiary account |
|---|
| Funds sent to LemFi for a payment transaction | Any time | There is no statutory deadline. However, in most cases the money will arrive very shortly after you have placed the payment order with us. |
| Payment in euro | Before 4 pm on a business day | By the end of the business day after LemFi receives your payment order |
| Payment in euro | After 4 pm on a business day or not on a business day | By the end of the second business day after LemFi receives your payment order |
| Payment not in euro and beneficiary account is outside the European Economic Area | At any time | There is no statutory deadline. However, we aim for your money to arrive with the beneficiary's payment service provider by the end of the third business day after LemFi receives your payment order |
6.8 Will LemFi ever refuse to execute a payment or delay in executing a payment? Yes, LemFi may do so for one or more of the following reasons:
(a) if LemFi is prevented from doing so for legal or regulatory reasons, including if LemFi has to carry out further checks;
(b) if you do not send enough money to LemFi to make the payment and pay the charge for the payment;
(c) if you are adjudicated bankrupt or are subject to any insolvency proceedings, debt settlement arrangement, debt relief notice, or any other analogous process under Irish law or the law of any other applicable jurisdiction within the EEA;
(d) if you owe LemFi money;
(e) if LemFi has asked you for important information LemFi reasonably needs and you have not given LemFi that information; or
(f) if LemFi has suspended your access to the app.
6.9 What if the money does not reach its destination? There may be occasions where LemFi sends money on your behalf to a beneficiary account and it is returned to LemFi (for whatever reason). If LemFi has to carry out a currency exchange when LemFi sent the payment, when the money is returned it will be converted back into the original currency at the then prevalent exchange rate. This means that the amount you receive might be more or less than the amount you originally submitted for the transaction. LemFi is not responsible for any losses in such cases.
6.10 What exchange rates does LemFi use? When you exchange money from one currency to another within the app, LemFi will use an exchange rate that is a mark-up on the rate which LemFi obtains from the wholesale currency markets. You will be informed of the exchange rate LemFi is offering you prior to you agreeing to the currency exchange.
6.11 How do you find out LemFi's currency exchange rates? You can find out LemFi's exchange rates at any given time by following the instructions on the app.
6.12 Do you have any obligations to keep the app safe? Yes, it is your responsibility to take all reasonable steps to keep safe the app and your password to gain access to the app. This includes you:
(a) not allowing anyone to access the app on your behalf;
(b) not telling anyone your password;
(c) notifying LemFi using the methods set out in section 1.2, without undue delay, on becoming aware of someone (who is not you):
(i) knowing your password;
(ii) accessing or being able to access the app on your behalf;
(iii) logging off the app every time the mobile or other device used to gain access to the app is left by you;
(iv) ensuring that the password is not stored by the browser or cached, or otherwise recorded by the mobile or other device used to gain access to the app; and
(v) ensuring that the email account(s), phone number, mobile phone number, computer and other network used to communicate with LemFi are secure and only accessed by you.
7. What happens if something goes wrong?
7.1 What if you forget your password to gain access to the app? Please contact customer services using the contact details set out in section 1.2.
7.2 What if you think that:
(a) a payment has been sent to the wrong beneficiary account; or
(b) money has been sent from your LemFi account without your authorisation.
If this is the case, you must contact LemFi as soon as possible and in any event within 13 months of the date of the payment using the contact details set out in section 1.2.
7.3 When might you be entitled to a refund? Provided that you have notified LemFi in accordance with section 7.2 you are entitled to a refund where:
(a) a payment has been executed from your LemFi account without your authorisation (subject to section 7.4 and section 7.5); and
(b) you have authorised a payment but we sent the money, subject to the payment, to a payment account other than the beneficiary account which you provided us with the details of (subject to section 7.5).
7.4 When might you be liable for some of the losses you have incurred from an unauthorised payment from your LemFi account? You are responsible for up to (EUR) €50 of your losses arising from the use of a lost, stolen or misappropriated payment instrument except where:
(a) you couldn't have known that the app was at risk of being misused prior to it being misused;
(b) the payment happened because someone for whom LemFi is responsible for made a mistake;
(c) the payment was taken after you told LemFi that someone knew your password or could gain access to the app and had LemFi acted on this information, this would have prevented your loss;
(d) LemFi didn't give you a way to tell them about the circumstances set out in section 7.2 and if LemFi had provided this, this would have prevented the loss;
(e) LemFi did not apply strong customer authentication when you instructed LemFi to make a payment and, had it done so, the loss would have been prevented.
7.5 Are there any circumstances where you are not entitled to a refund in accordance with section 7.3? Yes:
(a) LemFi won't refund you any money if you have acted fraudulently or have intentionally or carelessly failed to comply with section 6.13. For example, LemFi wouldn't make a refund if you gave someone access to your app and they made a payment using the app without your permission;
(b) LemFi is not liable for a payment not being credited to the beneficiary account on time if LemFi can prove to you that the beneficiary's bank received the amount of the payment on time. In this case you or the beneficiary may be able to recover any losses from the beneficiary's bank.
7.6 If you are entitled to a refund in accordance with section 7.3, how long will this take? LemFi will refund you by the end of the business day following the day LemFi becomes aware of the unauthorised or incorrectly executed payment, unless LemFi suspects fraud, conducts a review and notifies the appropriate authorities.
7.7 What happens if you give LemFi incorrect beneficiary account details or are scammed into executing a payment or into providing LemFi with the beneficiary account details belonging to a fraudster? LemFi's job is to send your money to the beneficiary account that you provide LemFi with the details of. LemFi is unable to look behind the payments that you wish to make to find out if you have provided LemFi with the correct beneficiary account details or might have been the subject of a scam. LemFi is not liable where you have provided LemFi with beneficiary account details for a payment but later tell LemFi that these details were wrong or that you were the subject of a scam. Accordingly, it is essential that you ensure that the beneficiary account details you provide LemFi with are correct and that you take all the steps that you can to ensure that you are not the subject of a scam when executing a payment and providing LemFi with beneficiary account details. If you tell LemFi that the beneficiary account details that you provided LemFi were wrong or that you were the subject of a scam, LemFi will try and trace the payment for you. LemFi may charge you a reasonable fee for trying to trace this payment.
7.8 What if money is paid into your beneficiary account by mistake? If LemFi reasonably believes that money has been paid into your beneficiary account by mistake, LemFi:
(a) shall contact you and let you know;
(b) shall be entitled to share your personal information with the paying bank so that you can be contacted directly;
(c) shall be entitled to freeze an amount of money up to the amount received by you; and/or
(d) shall be entitled to, without you providing further funds, send the appropriate amount to the payment service provider of the payer where LemFi deems that you have been paid by mistake.
You must let LemFi know if you think that a payment made to you was not a mistake. If you think a payment made to you from a payment service provider based in the EEA was not a mistake, LemFi may share your personal information with the payment service provider of the payer so that you can be contacted directly. This is because LemFi is required to cooperate with other payment service providers and share all relevant information in order to assist with tracing money sent to the wrong person, in accordance with applicable EU law.
7.9 What if it takes longer than it should for money to be deposited in the beneficiary account? Please let LemFi know and it can make a request to the beneficiary account provider to treat the payment as if it was made on time.
7.10 What happens if these terms are terminated before you realise that you might be entitled to a refund? If this happens, both you and LemFi shall still be entitled to rely on this section.
9. Are there any circumstances where LemFi may close or suspend access to the app?
9.1 We may close or suspend your access to the app without notice:
(a) on reasonable grounds relating to the security of the app or the suspected unauthorised or fraudulent use of the app;
(b) if LemFi has good reason to suspect that you are behaving fraudulently;
(c) if you haven't given LemFi (or someone acting on its behalf) any information LemFi needs, or LemFi has good reason to believe that the information you have provided is incorrect, misleading or not true;
(d) if you've broken these terms and conditions in a serious or persistent way and you haven't put the matter right within a reasonable amount of time after LemFi has asked you to;
(e) if LemFi has good reason to believe that your use of the app is harmful to LemFi or its software, systems or hardware;
(f) if LemFi has good reason to believe that you continuing to use the app could damage its reputation or goodwill;
(g) if LemFi has asked you to pay money you owe to LemFi and you have not done so within a reasonable period of time;
(h) if you've been declared bankrupt;
(i) if LemFi has to do so under any law, regulation, court order or ombudsman's instructions; or
(j) at our discretion.
10. Other important general terms
10.1 Where can you find out information on how LemFi processes personal data? LemFi processes your personal data in accordance with Regulation (EU) 2016/679 ("GDPR"), the Irish Data Protection Acts 1988–2018 and PSD2. For full details on how LemFi processes your personal data, including your rights as a data subject, please refer to LemFi's Privacy Policy, available at [https://lemfi.com/en-ie/legal/mobile-privacy].
10.2 What are LemFi's obligations of confidentiality? LemFi shall keep your confidential information confidential and shall not use such confidential information except for the purpose of exercising or performing its rights and obligations.
10.3 Are there any exceptions to LemFi's obligation of confidentiality? Yes. The provisions of this section shall not apply to any information that:
(a) is or becomes generally available to the public; or
(b) was, is or becomes available to LemFi on a non-confidential basis from a person who, to the best of its knowledge, is not bound by a confidentiality agreement or is otherwise prohibited from disclosing the information to LemFi.
10.4 In addition, LemFi may disclose confidential information to:
(a) its staff and any partners, provided that LemFi ensures that such persons be bound by obligations which are similar to those set out in this section;
(b) third-party payment partners for the purposes of them fulfilling their obligations to us in respect of our services to you;
(c) to the extent required to by law or by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction;
(d) the bank(s) LemFi uses to provide it with banking facilities (including safeguarding accounts), which will be able to access your confidential information in the normal course of its business.
10.5 What happens to confidential information on termination of these terms? On termination of this agreement, LemFi shall keep your confidential information safe and shall not be under an obligation to return it to you or delete it unless required to do so by law. Accordingly, the provisions of this section shall continue to apply after termination of these terms.
10.6 What happens if you die? If you die, any funds being processed by LemFi on your behalf will be dealt with in accordance with applicable Irish succession law (or equivalent applicable law in your country of residence). If you have appointed a power of attorney, LemFi may provide them with access to your LemFi account provided that LemFi is satisfied that the documentation provided to LemFi is valid and legally binding.
10.7 What information can LemFi provide you on intellectual property rights? LemFi's parent company, Pomelo Technology US Inc., owns all the intellectual property in its products (for example, the content in the app and on the LemFi website, the LemFi logo and the LemFi card designs). You must not use LemFi's intellectual property as your own, except to enjoy its products. You also must not reverse-engineer any of LemFi's products (that is, reproduce them after a detailed examination of their construction or composition).
10.8 How do you make a complaint about the service LemFi has provided to you? If you feel that LemFi has not met your expectations in the delivery of its services or if you think that LemFi has made a mistake, please get in touch with LemFi using the contact details set out in section 1.2. LemFi has internal procedures for handling complaints fairly and promptly. We will send a final response to your complaint by the end of 15 business days after the day on which we received the complaint. In exceptional circumstances, where LemFi cannot send a final response within this period of time for reasons beyond LemFi's reasonable control, LemFi shall send a final response to you within 35 business days of the day on which LemFi received the complaint.
10.9 What if you are still not happy once LemFi has responded to your complaint? If you are still not happy once LemFi has responded to your complaint, there are options open to you. You may in certain circumstances refer your complaint to the following:
(a) Irish Financial Services and Pensions Ombudsman ("FSPO"): If you are a consumer or a small business (as defined by the FSPO), you may refer your complaint to the FSPO, Lincoln House, Lincoln Place, Dublin 2, D02 VH29, Ireland. Website: www.fspo.ie. The FSPO provides an independent, impartial and free service for resolving disputes between financial service providers and their customers.
(b) Central Bank of Ireland ("CBI"): You may also submit a complaint to the Central Bank of Ireland regarding alleged infringements of PSD2 or applicable Irish payment services law, in accordance with the procedures established under the Payment Services Regulations.
(c) Country-Specific ADR Bodies: For customers in other jurisdictions in the EEA, alternative dispute resolution bodies designated by each Member State may also be available.
(d) Online Dispute Resolution: You may also submit a complaint through the European Commission's Online Dispute Resolution ("ODR") platform, accessible at https://ec.europa.eu/consumers/odr.
(e) Courts: If you do not wish to use any of the above procedures, or if you are not satisfied with the outcome, you may refer your complaint to the courts in accordance with section 10.11 below.
10.10 Which laws govern these terms? These terms and any contract to which these terms apply and any disputes or claims arising out of or in connection with these terms or any such contract or its or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of Ireland, including Directive (EU) 2015/2366 ("PSD2"), as transposed into Irish law by the Payment Services Regulations, and Regulation (EU) 2021/1230 of the European Parliament and of the Council of 14 July 2021 on cross-border payments in the Union (codification), as amended by Regulation (EU) 2024/886 ("Passporting Regulations").
10.11 How will disputes be resolved? Unless you take your complaint to an institution listed in section 10.9 (and such institution is satisfied that your complaint falls within its jurisdiction), you irrevocably agree that the courts of Ireland have exclusive jurisdiction to settle any dispute or claim or other matter that arises out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims) and any contract to which these terms apply or its subject matter or formation (including non-contractual disputes or claims) or any of the documents to be entered into pursuant to these terms. Nothing in this clause shall limit your rights as a consumer to bring proceedings in the courts of your country of residence within the EEA where required by applicable mandatory consumer protection law.
10.12 Who can make changes to these terms? You are unable to make changes to these terms. If LemFi adds a new product or service that doesn't change the existing terms and conditions, LemFi may add the product or service immediately and let you know the applicable terms before you use it. Otherwise, LemFi may amend these terms by giving you no less than two months' notice in writing. If you object to the proposed amendments, you have the right to terminate these terms before the date proposed by LemFi for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify LemFi and terminate these terms before the date proposed by LemFi for the entry into force of the changes. If LemFi receives no objection from you, such amendments shall take effect from the date specified by LemFi but may not affect any rights or obligations that have already arisen and will not be retrospective.
10.13 Can you use account information services and payment initiation services on your LemFi account? Yes. You can choose to allow account information service provider(s) to access information on your LemFi account, to combine and display information about your LemFi account with information from accounts you have with other payment service providers, and payment initiation service providers to make payments for you from your LemFi account, provided they are authorised or registered by the CBI or another relevant regulator or competent authority and you have given your explicit consent in accordance with applicable data protection law.
10.14 If you use an account information service provider or a payment initiation service provider, you must keep information of any incorrect or unauthorised transactions that occur so that LemFi can protect you and arrange any refund you have been entitled to.
10.15 If you are thinking of using an account information service provider or a payment initiation service provider, it is important that you check with the national competent authority, or the EBA register of payment institutions (available at www.eba.europa.eu), to confirm whether it is authorised or registered before you use it.
10.16 We may stop or suspend your ability to use an account information service provider or a payment initiation service provider if LemFi has reasonably justified and duly evidenced reasons for this relating to unauthorised or fraudulent access to information relating to your LemFi account by that account information service provider or payment initiation service provider and/or the risk of unauthorised or fraudulent initiation of a payment. If LemFi does deny access to an account information service provider or payment initiation service provider, unless doing so would compromise security or is unlawful, LemFi shall notify you as soon as possible.
10.17 Can this agreement and associated contracts be transferred to another person? Yes, LemFi may transfer its rights and obligations under these terms and any associated contract(s) to another organisation without your consent. Any transfer will be made in accordance with applicable Irish law, and LemFi will provide you with no less than two months' prior written notice of any such transfer, which shall not adversely affect your rights under these terms. You may only transfer your rights or your obligations under these terms or any associated contract to another person if LemFi agrees to this in writing.
10.18 Does LemFi record telephone conversations? Yes, by agreeing to these terms you agree that LemFi may record telephone conversations between you and LemFi and use such recordings or transcripts from such recordings, as evidence in any dispute or anticipated dispute. If LemFi makes any recording or transcript it may also destroy them in accordance with its normal procedure.
10.19 Can you obtain a copy of these terms? A copy of these terms and LemFi's privacy policy will always be available on the app, on LemFi's website and by contacting LemFi using the contact details set out in section 1.2.
10.20 What if something unexpected happens? If any abnormal or unforeseeable circumstances outside LemFi's reasonable control (for example, a failure of computer systems which happens for reasons outside LemFi's reasonable control or any industrial action which happens for reasons outside LemFi's reasonable control) prevents LemFi from providing LemFi's usual service, LemFi shall not be liable for this.
10.21 What if LemFi delays in taking action? If LemFi does not insist immediately that you do anything you are required to do under these terms, or if LemFi delays in taking steps against you in respect of your breach of these terms or any contract, that will not mean that you do not have to do those things and it will not prevent LemFi from taking steps against you at a later date.
10.22 What if a court decides that a section of these terms is unlawful? If any court or relevant authority decides that any section of these terms is unlawful, the remaining sections will remain in full force and effect.
11. Fees and interest
11.1 Does LemFi charge any fees? LemFi doesn't charge you any fees directly. LemFi makes money when it exchanges money from one currency to another for you (please see section 6.11 for more details).
11.2 Are there any third-party fees you should be made aware of? In some circumstances, a number of intermediaries (such as correspondent banks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond LemFi's control and whilst LemFi will endeavour to minimise these for you wherever possible, those charges cannot always be calculated in advance.
12. Other EEA jurisdictions
12.1 Scope and passporting basis
(a) Without limiting section 1.3 above, LemFi's authorisation is valid in all Member States of the European Union and, pursuant to the Agreement on the European Economic Area, in Iceland, Liechtenstein and Norway (together, the "EEA").
(b) These terms govern LemFi's provision of money remittance and foreign exchange services to customers resident in each of the jurisdictions listed in section 12.3 below (each a "Passported Jurisdiction"). By agreeing to these terms, you acknowledge that:
(i) your contract is with Lemfi-Europe Limited, an Irish-registered company regulated by the CBI, and that Irish law governs these terms in accordance with section 10.10;
(ii) LemFi provides services in your jurisdiction of residence by exercising its EEA passporting rights, and not by virtue of a separate authorisation granted by the competent authority of your jurisdiction of residence;
(iii) the mandatory consumer protection and payment services laws of your jurisdiction of residence that implement PSD2 (and, where applicable, Passporting Regulations) apply to your use of LemFi's services to the extent required by those laws, and nothing in these terms limits or excludes rights you hold under such mandatory laws; and
(iv) the country-specific ADR bodies and applicable local laws set out in section 12.3 apply to you if you are resident in the relevant Passported Jurisdiction. References in section 10.9 to "Country-Specific ADR Bodies" are to the bodies identified for your jurisdiction of residence in the table at section 12.3.
12.2 EEA countries not members of the European Union
Iceland, Liechtenstein and Norway are members of the EEA but not of the European Union. LemFi's services in these jurisdictions are provided pursuant to the EEA passporting regime. References in these terms to "EU Member States", "EU law" or "EU" shall, where the context requires, be read as including Iceland, Liechtenstein and Norway and the corresponding EEA legal framework. References to the Passporting Regulations shall be read as including that Regulation as incorporated into the EEA Agreement.
12.3 Passported Jurisdictions - applicable local law and ADR bodies
(a) The tables set out in this section set out, for each Passported Jurisdiction: (a) the principal national legislation transposing PSD2; and (b) the alternative dispute resolution body designated in that jurisdiction, to which eligible complainants may refer disputes concerning rights and obligations arising under these terms, as referred to in section 10.9 of these terms.
(b) You may contact LemFi using the contact details set out in section 1.2. Where a country-specific telephone number is provided below, that number may be used as an alternative to the numbers set out in section 1.2. All other terms of section 1.2 continue to apply.
| Jurisdiction | Principal implementing legislation | Competent supervisory authority | ADR body (section 10.9) |
|---|
| Austria | Zahlungsdienstegesetz 2018 (ZaDiG 2018), Federal Law Gazette I No. 17/2018 | Finanzmarktaufsicht (FMA) — www.fma.gv.at | Gemeinsame Schlichtungsstelle der österreichischen Kreditwirtschaft (GSK) — www.bankenschlichtung.at. Note: general consumer disputes may also be referred to Schlichtung für Verbrauchergeschäfte — www.verbraucherschlichtung.at |
| Belgium | Act of 11 March 2018 on the status and supervision of payment institutions and electronic money institutions (Belgisch Staatsblad/Moniteur Belge, 26 March 2018) | National Bank of Belgium (NBB) / Financial Services and Markets Authority (FSMA) — www.nbb.be; www.fsma.be | Ombudsfin — www.ombudsfin.be |
| Bulgaria | Law on Payment Services and Payment Systems (Закон за платежните услуги и платежните системи), promulgated State Gazette No. 20/2018, as amended | Bulgarian National Bank (BNB) — www.bnb.bg | Commission for Consumer Protection (Комисия за защита на потребителите — КЗП) — www.kzp.bg |
| Croatia | Act on Payment Services and Electronic Money Institutions (Zakon o platnim uslugama i sustavu platnog prometa), Official Gazette No. 114/2018, as amended | Croatian National Bank (HNB) — www.hnb.hr | Croatian National Bank — consumer protection complaints procedure (www.hnb.hr); and/or the State Inspectorate of the Republic of Croatia (www.dirh.gov.hr). Note: LemFi will confirm the specific designated ADR body for Croatia prior to publication, once passporting notification to HNB is complete. |
| Cyprus | Payment Services and Access to Payment Systems Law of 2018 (Law 31(I)/2018), as amended | Central Bank of Cyprus — www.centralbank.cy | Financial Ombudsman of the Republic of Cyprus — www.financialombudsman.gov.cy |
| Czech Republic | Act No. 370/2017 Coll. on Payment System (Zákon o platebním styku), as amended | Czech National Bank (ČNB) — www.cnb.cz | Financial Arbiter of the Czech Republic (Finanční arbitr) — www.finarbitr.cz |
| Denmark | Payments Act (Betalingsloven), Consolidated Act No. 737 of 1 June 2022, as amended | Danish Financial Supervisory Authority (Finanstilsynet) — www.finanstilsynet.dk | Pengeinstitutankenævnet (Danish Banking Complaints Board) — www.pengeinstitutankenaevnet.dk; or the Danish Consumer Complaints Board (Forbrugerklagenævnet) — www.forbrug.dk for eligible consumer complaints |
| Estonia | Payment Institutions and E-money Institutions Act (Makseasutuste ja e-raha asutuste seadus), RT I 2010, 2, 3, as amended | Estonian Financial Supervision and Resolution Authority (Finantsinspektsioon) — www.fi.ee | Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet — TTJA) — www.ttja.ee |
| Finland | Payment Services Act (Maksupalvelulaki 290/2010), as amended by Act 890/2018 | Finnish Financial Supervisory Authority (Finanssivalvonta) — www.finanssivalvonta.fi | Finnish Financial Ombudsman Bureau (FINE — Vakuutus- ja rahoitusneuvonta) — www.fine.fi |
| France | Code monétaire et financier (as amended by Ordonnance n° 2017-1252 du 9 août 2017 and associated décrets) | Autorité de contrôle prudentiel et de résolution (ACPR) — www.acpr.banque-france.fr | Médiateur de l'ACPR / Médiateur de la Fédération Bancaire Française (FBF), as applicable — www.fbf.fr/fr/vous-accompagner/le-mediateur-de-la-fbf/ |
| Germany | Zahlungsdiensteaufsichtsgesetz (ZAG), as amended by the Act Implementing PSD2 of 17 July 2017 (BGBl. I S. 2446) | Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht — BaFin) — www.bafin.de | Schlichtungsstelle der Deutschen Bundesbank — www.bundesbank.de/schlichtungsstelle; or the Ombudsmann der privaten Banken — www.bankenverband.de, as applicable |
| Greece | Law 4537/2018 on the adaption of Greek legislation to Directive (EU) 2015/2366 (Government Gazette A' 84/2018) | Bank of Greece — www.bankofgreece.gr | Hellenic Consumer Ombudsman (Συνήγορος του Καταναλωτή) — www.synigoroskatanaloti.gr |
| Hungary | Act LXXXV of 2009 on the Pursuit of the Business of Payment Services (2009. évi LXXXV. törvény), as amended | Magyar Nemzeti Bank (MNB) — www.mnb.hu | Financial Arbitration Board (Pénzügyi Békéltető Testület) — www.mnb.hu/bekeltetes |
| Iceland | Act on Payment Services No. 120/2011 (as amended to incorporate PSD2 via the EEA Agreement, including amendments pursuant to Act No. 43/2021) | Financial Supervisory Authority of Iceland (Fjármálaeftirlitið — FME) — www.fme.is | Consumer Disputes Committee (Neytendastofa) — www.neytendastofa.is |
| Italy | Legislative Decree No. 11 of 27 January 2010 (Decreto Legislativo 27 gennaio 2010, n. 11), as amended by Legislative Decree No. 218 of 15 December 2017 | Banca d'Italia — www.bancaditalia.it | Arbitro Bancario Finanziario (ABF) — www.arbitrobancariofinanziario.it |
| Latvia | Payment Services and Electronic Money Law (Maksājumu pakalpojumu un elektroniskās naudas likums), as amended | Latvijas Banka — www.bank.lv | Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs — PTAC) — www.ptac.gov.lv |
| Liechtenstein | Act of 3 February 2017 on Payment Services (Zahlungsdienstgesetz — ZDG), Liechtenstein Law Gazette No. 2017.076, as amended to incorporate PSD2 via the EEA Agreement | Financial Market Authority Liechtenstein (FMA) — www.fma-li.li | Banking Ombudsman of the Liechtenstein Bankers Association (Bankenombudsmann des Liechtensteinischen Bankenverbandes) — www.bankenverband.li |
| Lithuania | Law on Payments of the Republic of Lithuania (Lietuvos Respublikos mokėjimų įstatymas), as amended by Law No. XIII-1093 of 12 April 2018 | Bank of Lithuania (Lietuvos bankas) — www.lb.lt | Bank of Lithuania — Centre of Excellence in Finance (dispute resolution function) — www.lb.lt/en/consumer-protection |
| Luxembourg | Law of 10 November 2009 on payment services (Loi du 10 novembre 2009 relative aux services de paiement), as amended by the Law of 20 July 2018 | Commission de Surveillance du Secteur Financier (CSSF) — www.cssf.lu | CSSF — Out-of-court dispute resolution procedure — www.cssf.lu |
| Malta | Financial Institution Act (Chapter 376 of the Laws of Malta) and Financial Institutions Rules, as amended by Legal Notice 395 of 2018 | Malta Financial Services Authority (MFSA) — www.mfsa.mt | Office of the Arbiter for Financial Services — www.financialarbiter.org.mt |
| Netherlands | Financial Supervision Act (Wet op het financieel toezicht — Wft), as amended to implement PSD2 | De Nederlandsche Bank (DNB) — www.dnb.nl; Autoriteit Financiële Markten (AFM) — www.afm.nl | Financial Services Complaints Institute (Klachteninstituut Financiële Dienstverlening — Kifid) — www.kifid.nl |
| Norway | Act of 19 June 2020 No. 67 on Financial Contracts (Lov om finansavtaler — Finansavtaleloven), incorporating PSD2 via the EEA Agreement | Finanstilsynet (Financial Supervisory Authority of Norway) — www.finanstilsynet.no | Financial Services Complaints Board (Finansklagenemnda) — www.finkn.no |
| Poland | Act on Payment Services (Ustawa z dnia 19 sierpnia 2011 r. o usługach płatniczych), as amended by the Act of 10 May 2018 implementing PSD2 (Dz.U. 2018 poz. 2245) | Polish Financial Supervision Authority (Komisja Nadzoru Finansowego — KNF) — www.knf.gov.pl | Financial Ombudsman (Rzecznik Finansowy) — www.rf.gov.pl |
| Portugal | Decree-Law No. 91/2018 of 12 November 2018 (Decreto-Lei n.º 91/2018, de 12 de novembro), transposing PSD2 into Portuguese law | Banco de Portugal — www.bportugal.pt | Centro de Arbitragem do Setor Financeiro (CASEAF) — www.caseaf.pt; or Banco de Portugal — Consumer Support Section (Linha de Apoio ao Cliente Bancário) — www.clientebancario.bportugal.pt |
| Romania | Law No. 209/2019 on payment services (Legea nr. 209/2019 privind serviciile de plată), as amended | National Bank of Romania (Banca Națională a României — BNR) — www.bnr.ro | National Authority for Consumer Protection (Autoritatea Națională pentru Protecția Consumatorilor — ANPC) — www.anpc.gov.ro |
| Slovakia | Act No. 492/2009 Coll. on Payment Services (Zákon č. 492/2009 Z. z. o platobných službách), as amended | National Bank of Slovakia (Národná banka Slovenska — NBS) — www.nbs.sk | Financial Market Mediator (Mediátor finančného trhu) — contact via NBS: www.nbs.sk |
| Slovenia | Payment Services, Electronic Money Services and Payment Systems Act (Zakon o plačilnih storitvah, storitvah izdajanja elektronskega denarja in plačilnih sistemih — ZPlaSS), as amended | Bank of Slovenia (Banka Slovenije) — www.bsi.si | Bank of Slovenia — consumer dispute resolution procedure; or Institute of the Republic of Slovenia for Conciliation in Consumer Disputes — www.govori.si |
| Spain | Real Decreto-ley 19/2018, de 23 de noviembre, de servicios de pago y otras medidas urgentes en materia financiera (BOE No. 284, 24 November 2018) | Banco de España — www.bde.es | Servicio de Reclamaciones del Banco de España — www.bde.es/wbe/es/supervision/reclama/ |
| Sweden | Payment Services Act (Lag (2010:751) om betaltjänster), as amended by SFS 2018:486 | Swedish Financial Supervisory Authority (Finansinspektionen) — www.fi.se | Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden — ARN) — www.arn.se |
12.4 Mandatory local law
Nothing in these terms limits or excludes any right or protection that you are entitled to under the mandatory laws of your jurisdiction of residence that cannot be excluded or restricted by contract, including any mandatory consumer protection or payment services rules that apply to LemFi's services in your jurisdiction of residence pursuant to the applicable transposition of PSD2 or any other applicable EU or EEA law. To the extent of any conflict between these terms and such mandatory local law, the mandatory local law shall prevail to that extent only.
12.5 Language
LemFi's primary language of communication and these terms are drafted in English, as stated in section 1.9. LemFi will endeavour to provide customer support in the languages appropriate to the jurisdictions listed above, to the extent practicable and as required by applicable mandatory law in any given Passported Jurisdiction.
12.6 Updates to this section
LemFi may update the list of Passported Jurisdictions in this section 12 as additional passporting notifications take effect or are withdrawn. Any addition of a new Passported Jurisdiction will not alter the terms of your existing contract unless LemFi notifies you in accordance with section 10.12 (amendments). Removal of a Passported Jurisdiction will not affect existing users who are resident in that jurisdiction until LemFi notifies those users in accordance with section 10.12.
