Welcome to LemFi!
Our Service, website and/or software application (collectively, the “Service”) enables you to use your
supported mobile money wallet or account or credit card to pay for products and services offered by third
parties (“Products”). You may also use the Service to facilitate the transfer of credit from your mobile
money wallet or account to the wallet or account of another user, or receive credit from other users. The
Service is operated by ModulR Finance B.V. (“ModulR”), subject to these Terms of Service (“Terms”)
1. TERMS OF SERVICE
1. This is a contract. These Terms constitute a contract between you and Pomelo Remits Europe Ltd. (“LemFi”). You may not use the Service if you do not accept these Terms. By using any part of the Service you accept these Terms. If you are under eighteen (18) years of age, you may not use the Service. By using the Service or any of the Products you accept the Terms and Conditions of ModulR
2. You must register an account with valid information. To use the Service, you must: (a) provide a valid mobile phone number; (b) agree to the creation of an account associated with such number; (c) accept the present Terms, (d) accept ModulR Terms; and (e) submit such other and additional information as LemFi may request. You agree to provide true, accurate and complete information about yourself as prompted by LemFi during the account registration process.
3. Payments are processed by third parties. LemFi has integrated its Service with other solutions of certain mobile money providers and credit card issuing banks (“Payment Processors”). If you use your account or credit card, payments will be processed by such Payment Processors. Payment Processors have their own terms and conditions governing your use of their payment services. You understand and agree that LemFi does not process payments and is not responsible or liable for any transactions in which you engage.
4. Your privacy is important to us. LemFi takes the matters of protection and security of its users’ information very seriously. LemFi’s Privacy Notice governing the Service is attached to these Terms (“Privacy Policy”). The Privacy Notice is incorporated into these Terms by this reference. By using the Service, you agree to the use of your data in accordance with LemFi’s Privacy Notice. The Privacy Notice addresses only the information collected by LemFi in providing the Service to you. Merchants and Payment Processors have their own information gathering practices that will apply when you choose to purchase Products.
5. Product inquiries should be submitted to the relevant Merchant. If you have any questions, concerns or requests related to a Product, you should contact ModulR directly or contact us at support@lemfi.com.
6. You must not use the Service to violate any laws. You must not use the Service to violate or infringe the rights of any other person, including the rights of other users, LemFi’s rights in the Service. You must not breach any laws or regulations when using the Service or attempt to disrupt or interfere with the security or functionality of the Service. In the event LemFi has the suspicion you are using the Services for illegal activities such as fraud, LemFi will block your account immediately.
7. LemFi may contact you regarding your account or the Service. You expressly agree that, as part of the Service, you may, from time to time, receive communications from LemFi via email, instant message, telephone, text message (SMS) or other means. You may stop receiving promotional messages by emailing your request to opt-out, along with your cell phone number, to support@lemfi.com.
8. LemFi may discontinue the Service. LemFi may in its sole discretion and at any time terminate your access to the Service or discontinue providing the Service or any part of the Service, with or without notice. You agree that LemFi will not be responsible or liable to you or any third party for modifying or discontinuing the Service, or for terminating or suspending your access to the Service.
9. The Service is provided without any warranties or guarantees. THE SERVICE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. LEMFI AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
10. LemFi is not liable for any damages you may incur as a result of using the Services. IN NO EVENT SHALL LEMFI OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LEMFI OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to arbitrate any disputes. This Agreement is subject to, and shall be governed by, and construed in accordance with the laws of Ireland, without reference to the principles of conflict of laws thereof. Any matters arising concerning the interpretation, validity or implementation of this Agreement not solved by mutual agreement between the Parties shall be submitted to arbitration in the English
language before a sole arbitrator to take place in Dublin, Ireland as the seat of the arbitration. The arbitration shall be conducted pursuant to the London Court of Arbitration Rules (LCIA) (“the Rules”). The arbitral decision shall be final and binding on the Parties and may be made an order of court which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be
one. The seat, or legal place, of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English. Nothing in this Agreement will be deemed as preventing LemFi from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as is necessary to protect LemFi’s name, proprietary information, trade secrets, know-how, or any other intellectual property rights.
12. LemFi may modify these Terms. These Terms and related policies (including but not limited to the Privacy Policy) may be modified by LemFi without notice at any time in the future. Changes will be posted. By using the Service, you agree to be bound by the latest version of these Terms. It is your responsibility to remain informed of any changes.