2. Main characteristics of LemFi’s service
2.1 LemFi’s services allow you to:
(a) upload money into your wallet;
(b) interact with Pagatech in relation to you NGN wallet - please section 4.2 for more information;
(c) receive money from your family / friends into your wallet;
(d) exchange money in your wallet for money in other currencies;
(e) send money, in various currencies, to wallets belonging to other persons (for example your friends and family);
(f) send money, in various currencies, to payment accounts which are not wallets (for example payment accounts belonging to your friends and family which live overseas);
(g) view the balance of your wallets on the LemFi app;
(h) see foreign exchange transactions that you have entered into with LemFi via the app;
(i) see payments that you have executed from your wallet(s) via the app.
(j) send and receive payments within United Kingdom using Faster Payment System
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? 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. Accordingly, it is your sole responsibility to ensure that there is no money in any of your wallets prior to terminating these terms and closing your account. For 6 years after these terms are terminated, you will be able to contact LemFi by email to ask LemFi to send money in your wallets to a payment account belonging to you. During this period, LemFi may deduct money from your wallet to pay 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;
(b) provide you with one or more wallets for you to store money in; and
(c) 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 Finance" mobile application, which is available on Google Play and the App Store;
(b) “APP Fraud” means Authorised Push Payment Fraud, which might arise if you are tricked into sending money to a fraudster or a fraudulent business unbeknown to you at the time of initiating a transaction.
(c) ‘beneficiary’ means the person who will receive money, if you execute a payment using the app;
(d) ‘beneficiary account’ is the wallet or payment account belonging to the beneficiary;
(e) ‘electronic money’ means an electronic alternative to money. By way of explanation, when you send LemFi money, LemFi will credit your wallet. The balance of your wallet(s) will be backed by an equivalent amount of money which LemFi holds in its safeguarded accounts. The value in your wallet(s) is technically referred to as “electronic money”;
(f) ‘money’ - when ‘money’ is referred to in these terms, this refers to money (as you would normally understand it) and electronic money stored in your wallet;
(g) “payment” means us sending money from your wallet (other than an NGN wallet - please see section 4.2 for more information) to another wallet or to a non-wallet payment account;
(h) ‘payment account’ means any type of account that can hold money, including a bank account and an electronic money account;
(i) ‘wallet’ means an electronic money account with LemFi.
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;
(b) when reference is made to a business day, this means a day other than a Saturday, Sunday or a bank holiday in England.
4. Information on wallets
4.1 What are wallets? Your wallets are your electronic money accounts with LemFi within which you can hold money. At the time of writing these terms, LemFi can provide you with a wallet in GBP. As LemFi’s service develops, LemFi will seek to offer you wallets in other currencies. A reference to wallets in these terms means your wallets, held with LemFi.
4.2 You can also open and access, via the app, a wallet in Nigerian Naira (NGN) which is provided by Pagatech (a company based in Nigeria). The use of the NGN wallet is subject to Pagatech’s terms and conditions, which can be found via the following weblink https://www.mypaga.com/paga-web/pc/terms.paga. By opening an NGN wallet, you will be deemed to have agreed to Pagatech’s terms and understand that the use of the NGN wallet is subject to Pagatech’s terms and that Pagatech is responsible for the operation of and payments from the NGN wallet.
4.3 What can you use the money in your wallet for?(b) Once you have money in one of your wallets, you will be able to:
(a) exchange money from one currency to another by transferring money from a wallet you hold in one currency to a wallet you hold in a different currency;
(b) send money to persons, other than you, which hold a wallet with LemFi;
(c) send money in various currencies to payment accounts located in the UK and other countries that LemFi allows you to send money to, the details of which are specified on the app (and are subject to change from time to time but at the time of writing include Nigeria, Kenya, Ghana, Senegal, Ivory Coast, Cameroon, Benin, Tanzania, Uganda and Rwanda), India, Pakistan, China.
4.4 How does your wallet differ from a bank account? Your wallet differs from a bank account in that money in your wallet:
(a) will not be invested or lent to third parties;
(b) will not accrue interest; and
(c) will be safeguarded in accordance with section 5, but will not be covered by the Financial Services Compensation Scheme.
4.5 How do you add money to your wallet? You can add money to your wallet:
(a) 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 your desired wallet;
(b) by sending money from your bank account (by placing a payment order with your bank using a method otherwise than through the app) to your wallet using the IBAN linked to your wallet;
(c) by sending money from your bank account using LemFi’s sort code, account number and your reference number;
(d) via debit card, by entering your card details on the app; or
(e) by using Apple Pay, Google Pay and Samsung Pay on the app.
You cannot add money to your wallet by using cash.
4.6 Are there limits on how much money you can send and exchange using the app? Yes, these limits are set out in the app. If you have any queries on these limits or would like to ask to change them, please contact customer support.
4.7 Are you able to set spending limits on the app? No, only LemFi is able to set spending limits.
4.8 How long will it take for the money to be added to your wallet? This depends on the payment method used. If you pay by:
(a) bank transfer: LemFi will add money your wallet at the time your money has arrived with LemFi in cleared funds; and
(b) debit card: LemFi will put money in your wallet at the time your bank (card issuer) authorises the payment.
4.9 What if you add money to your wallet in a currency other than the currency of your wallet? When you add money to your wallet, it is added in the currency of the wallet you are topping up and not the currency of the money you send. If:
(a) you send LemFi money by bank transfer in a currency other than the currency of your wallet; or
(b) you use a debit card and the money arrives with LemFi in a currency other than that of your wallet,
this money will be converted into the currency of your wallet using LemFi’s standard exchange rates. Your statement will show the exchange rate which applied on the date that the money was added to your wallet. Exchange rates may change and the exchange rate which applies when you check may not be the exchange rate that was used to convert your funds. Please see section 6.12 for more information on exchange rates.
4.10 How do you find out the balance of money in your wallets and how will you know when money has been added to your wallets? You can check the balance of your wallets by viewing the balance and transaction history of your wallet on the app. You can view such information from the app at any time until your account with LemFi is closed.
We will send a notification to your mobile device each time you receive money into one of your wallets. You can turn off these notifications through your device’s settings at any time. If you turn off notifications, you should regularly check your payments on the app. It’s important that you know what payments go into and out of your account, so LemFi recommends that you do not turn off notifications.
4.11 Will you receive a statement relating to your wallets? Yes, LemFi shall issue monthly statements on the app. LemFi shall email you to let you know when these are available (unless there have been no changes to your wallets during the relevant month in which case LemFi shall not email you).
Please note that once you are no longer a client of LemFi, you will no longer have access to the app to obtain your online statement history. Accordingly, you may wish to print or download any of your account information before requesting the closure of your account to ensure your records are complete. Alternatively, you may request your account statements from customer support. After verification of your identity, LemFi shall email the statements to you.
4.12 Can someone other than you add money to your wallet? A person other than you can add money to your wallet only by sending money from their own wallet with LemFi.
(a) sending money from their own wallet with LemFi; or
(b) by sending money from another account they hold and entering the details of the IBAN linked to your wallet as the beneficiary details.
4.13 Will LemFi ever deduct money from your wallet? Yes, LemFi will deduct money from your wallet when:
(a) you send money from your wallet to another wallet you or a third party holds or to a payment account which is not a wallet;
(b) you owe LemFi money in one currency as you are using it to purchase money in another currency (foreign exchange), whether this money in the purchased currency will be credited to another wallet you or a third party holds or sent to a payment account which is not a wallet;
(c) you owe LemFi fees – please see section 11 (fees and interest) for more information
4.14 Can you ever have a negative balance in your wallet? LemFi will check that you have enough money in your wallet before deducting money from it. However, you may fall into negative balance if you are charged fees in excess of your balance. If this ever happens, you must immediately top up your wallet. Please see section 4.4 for information on how to do this.
4.15 What if money is paid into your wallet by mistake? if LemFi reasonably believes that money has been paid into your wallet 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 deduct the appropriate amount of money from your wallet and send it 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 UK or 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.
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 amount and currency of money held in your wallet with LemFi and your NGN wallet with Pagatech;
(b) exchange money in your wallet from one currency to the currency of another wallet you hold;
(c) send money in one of your wallets to other wallets and to any payment accounts which are not wallets;
(d) exchange money in one of your wallets to another currency prior to it being sent to the beneficiary account you provide LemFi with the details of;
(e) send a payment order to Pagatech relating to money in your NGN wallet;
(d) view the details of money you have exchanged and payments you have executed;
(f) 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 for money in one of your wallets to be sent to another wallet or a payment account which is not a wallet via the app by following the instructions on the app, which will include inserting the following details:
(a) the amount of money in the currency of your wallet you wish to make the payment from;
(b) the currency of the money you wish to send to the beneficiary account;
(c) the name of the person, company or institution you want to send the money to; and
(d) if the payment is to a non-wallet payment account, the payment account’s sort code and account number or for international payments the account’s BIC and IBAN or such other information LemFi requests.
You can also make a request for money in one of your wallets to be sent to a payment account by using a payment initiation service provider.
6.4 If the currency of the money you wish to send to the beneficiary account is different to the currency of the wallet 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, however, if you suspect that you have been a victim of fraud or made the transaction in error you must notify us immediately.
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’s account |
|---|
| Payment to a wallet in any currency | 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 or sterling | Before 4 pm on a business day | by the end of the business day after LemFi receives your payment order |
| Payment in euro or sterling | 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 or sterling where the beneficiary account is in the European Economic Area | by the end of the fourth business day after LemFi receives your payment order | |
| Payment not in euro or sterling where the beneficiary account is in the European Economic Area | After 4 pm on a business day or not on a business day | By the end of the fifth business day after LemFi receives your payment order |
| Payment not in euro or sterling and beneficiary’s 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 there is not enough money available in your wallet to make the payment and pay the charge for the payment;
(c) if a bankruptcy order is made against you or you’ve entered into an individual voluntary arrangement with your creditors;
(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; or
(g) to prevent fraud.
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 which is not a wallet 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 held in your account. LemFi is not responsible for any losses in such cases.
6.10 How do you exchange money in your wallet from one currency to another? You can exchange money from one currency to another by:
(a) clicking on the "convert" button on the app, whereby you can transfer money in one of your wallets to another wallet in a different currency, in which case you will be provided with the foreign exchange rate prior to agreeing to the conversion;
(b) clicking on the "send" button on the app, whereby you will be asked which wallet you want to send money from and the currency of the money you want the beneficiary account to receive, if these currencies are different you will be provided with the foreign exchange rate prior to requesting that LemFi sends this money to the beneficiary account.
6.11 What exchange rates does LemFi use? When you exchange money from one currency to another within the app (either by moving from one wallet to another or prior to money in the exchanged currency being sent to a beneficiary account) LemFi will use an exchange rate that is a mark-up on 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.
6.12 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.
6.13 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:
- not allowing anyone to access the app or your wallet on your behalf;
- not telling anyone your password;
- notifying LemFi using the methods set out in section 1.2, without undue delay, on becoming aware of someone (who is not you):
- knowing your password;
- accessing or being able to access the app on your behalf;
- logging off the app every time the mobile or other device used to gain access to the app is left by you;
- 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
- 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 account; or
(b) money has been sent from your wallet without your authorisation; or
(c) you believe you are a victim of fraud
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 payment has been executed from your wallet without your authorisation (subject to section 7.4 and section 7.5); and
- you have authorised a payment but we sent the money, subject to the payment, to an 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 wallet? You are responsible for up to £35 of your losses arising from the misuse of the app except where:
- you couldn’t have known that the app was at risk of being misused prior to it being misused;
- the payment happened because someone were responsible for made a mistake;
- 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;
- 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;
- the law required LemFi to make you follow certain security procedures when you instructed LemFi to make a payment and LemFi didn’t do this.
7.5 Are there any circumstances where you are not entitled to a refund in accordance with section 7.3? Yes:
- 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;
- LemFi is not liable for a payment not being credited to the beneficiary’s bank 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 except that you were subject of a scam. Accordingly, it is essential that you ensure that the beneficiary account details you provide LemFi 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.
Where you are a victim of APP Fraud, you would be entitled to a full refund of your remittance, provided you meet the following conditions:
(a) Your payment or remittance was carried out through Faster Payment System (within United Kingdom);
(b) Your transaction was sent to a UK financial institution and a UK based account;
(c) You are not directly or indirectly involved in the APP Fraud;
(d) You did not act with carelessness in adhering to any fraud warnings we gave to you nor have you objected to any interventions we have undertaken to safeguard your payments;;
(e) You comply with our reasonable request to furnish information to help us to assess your claim for the refund and provide us with proof that you have reported the fraud to the relevant authorities or otherwise your written consent for us to report the fraud to Police and any other relevant authorities;
(f) You have promptly reported to us your knowledge or suspicion of being a victim of APP Fraud and in any event within 13 months from the date of the fraudulent transaction; and
(g) You have otherwise acted with appropriate care in using your account.
7.8 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’s account provider to treat the payment as if it was made on time.
7.9 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?
We may close or suspend your access to the app without notice:
- on reasonable grounds relating to the security of the app or the suspected unauthorised or fraudulent use of the app;
- if LemFi has good reason to suspect that you are behaving fraudulently;
- 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;
- 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;
- if LemFi has good reason to believe that your use of the app is harmful to LemFi or its software, systems or hardware;
- if LemFi has good reason to believe that you continuing to use the app could damage its reputation or goodwill;
- if LemFi has asked you to pay money you owe to LemFi and you have not done so within a reasonable period of time;
- if you’ve been declared bankrupt;
- if LemFi has to do so under any law, regulation, court order or ombudsman’s instructions; or
- at our discretion.
10. Other important general terms
10.1 Where can you find out information on how LemFi processes personal data? Information on how LemFi processes your personal data is set out in its privacy policy, which is available on the following weblink LemFi/privacy-policy.
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:
- is or becomes generally available to the public; or
- 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:
- 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;
- Pagatech for the purposes of them fulfilling their obligations to you under their terms and condition with you;
- 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;
- 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, the money in your account will be dealt with in accordance with the administration of your estate. If you have appointed a power of attorney, LemFi may provide them with access to your 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, LemFi Technology 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. If you are an eligible complainant (i.e. you are acting for purposes which are wholly or mainly outside your trade, business, craft, or profession) and your complaint falls within the Financial Ombudsman Service’s jurisdiction, you may be able to take your complaint to the Financial Ombudsman Service. Further information on eligibility criteria and the procedures involved in referring your complaint to the Financial Ombudsman Service are available on the following weblink (http://www.financial-ombudsman.org.uk).
10.10 If you are not an eligible complainant (i.e. you are acting for purposes which are wholly or mainly related to your trade, business, craft, or profession) or your complaint does not fall within the Financial Ombudsman Service’s jurisdiction or you do not wish to refer your complaint to the Financial Ombudsman Service, you may refer your complaint to the courts in accordance with section 10.12, should you not be satisfied with LemFi's final response to your complaint.
10.11 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 England
10.12 How will disputes be resolved? Unless you take your complaint to the Financial Ombudsman Service (and the Financial Ombudsman Service is satisfied that your complaint falls within its jurisdiction), you irrevocably agree that the courts of England & Wales 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. In addition:
- if you live in Scotland, you can bring legal proceedings in either the English or Scottish courts;
- if you live in Northern Ireland, you can bring legal proceedings in either the English or Northern Irish courts.
10.13 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.
10.14 Can you use account information services and payment initiation services? Yes. You can choose to allow account information service provider(s) to access information on your wallets, to combine and display information about your account with information from accounts you have with other payment service providers, and payment initiation service providers to make payments for you from your wallet, provided they are authorised by the FCA or another relevant regulator and you have given your explicit consent.
10.15 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.
10.16 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 regulator to determine whether it is authorised before you use it.
10.17 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 wallet 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.
10.18 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. LemFi will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under these terms or any associated contract(s). 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.
10.19 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.
10.20 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.
10.21 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 the this.
10.22 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. For example, if your wallet goes into a negative balance and LemFi does not freeze your account or chase you for payment immediately, LemFi can still freeze your account or require you to top up your wallet at a later date.
10.23 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.
