1. LemFi Registration

LemFi is registered in Canada with the Financial Transactions Reports Analysis Centre of Canada (“FINTRAC”), registration number M20383642 as a Money Service Business and is able to provide foreign exchange and money transfer services to customers resident in Canada

2. Eligibility

To be eligible for our Services, you must be at least 18 years old. You further represent and warrant to us that if you are an individual, ordinarily and legally resident in Canada and that you are acting exclusively for your own benefit and are not acting on behalf of any third party principal or any third party beneficiary when using LemFi App or setting up a LemFi account. You must only use the Services to transact on your own account and not on behalf of any other person.

To be eligible to set up a LemFi Account you must be resident in Canada and comply with all our information requirements including identification and verification checks.

3. The Services

3.1 LemFi Account Obligations

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

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

You are responsible for anything that happens through your Account unless you close it or report misuse. As between you and others (including your employer), your Account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports, as applicable, on your use of such paid Service; however, they do not have rights to your personal Account.

(a) Limited License:

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Resources for your personal, noncommercial use only and as permitted by the features of the Service. The Company reserves all rights not expressly granted herein in the Resources and the Company Content (as defined below). The Company may terminate this license at any time for any reason or no reason.

(b) Type of Service, Eligibility and Account Access:

You will have only one LemFi Account where your Available Balance is located. Your Remittance Services may not be activated unless we have been provided with the required information so that we may identify you and can comply with all applicable Customer Due Diligence requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements.

The Remittance Services are not a credit or bank product, you must therefore ensure that you have a sufficient Available Balance from time to time to pay for your Transactions and applicable Fees as set forth on the Fee Schedule. If for any reason a Transaction is processed, and the Transaction amount exceeds the Available Balance, you must repay us the amount of such excess immediately and we shall be entitled to stop any existing or subsequent Transactions from proceeding.

This Agreement does not give you any rights against the Account Schemes, its affiliates or any third party. In the event we make a Transaction and credit your Account by mistake we reserve the right to automatically deduct the amount transferred in excess from the Available Funds. Only persons over 18 years of age are entitled to register for the Remittance Services.

Each time you seek access to the LemFi Account we will ask for your Access Codes (as defined herein). As long as the correct Access Codes are entered, we will assume that you are the person giving instructions and making Transactions and you will be liable for them, except to the extent provided for herein. We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or if we believe the Remittance Service is being used for an illegal purpose.

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

(c) Use of the Remittance Services:

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

You can use the Remittance Services up to the amount of the Available Balance for Transactions. If the Available Balance is insufficient to make a Transaction we will not permit you to combine use of an Account with other payment methods. The value of each Transaction and the amount of any fees payable by you under this Agreement will be deducted from the Available Balance. Once a Transaction is authorised, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received by us. A Transaction will be deemed to have been received by us at the time you authorise the Transaction.

You agree to only use the Remittance Services for lawful purposes and to adhere at all times to all laws, rules and regulations applicable to the use of the Remittance Services, including the terms of this Agreement. You may not use the Remittance Services to receive or transfer any funds on behalf of any other natural person or legal entity.

3.2 Account Security and Privacy Obligations

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

You, not LemFi, are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that you use to access your LemFi Account and the Services you access. You must never disclose your LemFi Account password or your customer reference number. We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password, and contact Customer Support if you are not sure about this, or any other security-related aspect of your LemFi Account. You must never let anyone access your LemFi Account or watch you accessing your LemFi Account.

If you suspect your LemFi Account, login details, password or any other security features are stolen, lost, used without authorization or otherwise compromised, you are advised to change your password. Contact Customer Support immediately if you believe your credentials have been compromised or you are suspicious about the security of your password or any other security features. The compromise of your credentials could enable unknown persons to access your bank account and attempt transactions not authorized by you. Contacting us is the best way to minimize your risk of loss. In addition, contact us at once if your transaction history for your LemFi Account shows transactions that you did not initiate.

We rely on you to regularly check the transactions history of your LemFi Account and to contact Customer Support immediately in case you have any questions or concerns. We may (but are not obligated to) suspend your LemFi Account or otherwise restrict its functionality if we have concerns about the security of the LemFi Account or any of its security features; or potential unauthorized or fraudulent use of your LemFi Account.

You must make sure that your e-mail account(s) are secure and only accessible by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your LemFi Account. Let Customer Support know immediately if your email address becomes compromised. Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded. Additional LemFi products or Services you use may have additional security requirements, as notified to you by us, and you must familiarize yourself with those requirements.

In the case of what you believe to be any incorrect or misdirected payment, please see below.

Duplicate Accounts
LemFi reserves the right to refuse the creation of duplicate accounts for the same user due to security and client identification requirements. In a case where duplicate accounts are detected, LemFi reserves the right to close or merge these duplicate accounts without notification to you.

Verification
If you open a LemFi Account and use certain of the Services, law requires that we verify some of your information. You authorise LemFi to make any inquiries we consider necessary to validate your identity, address, residence, phone number, email address, or any other information we consider relevant directly or through third parties. If the credit check fails, we may request an alternative method to identify or verify any documents.

LemFi reserves the right to access various government and private databases so as to verify your information. If certain databases provide a match to the information you provide then we may not have to ask for photographic evidence of your identity. LemFi reserves the right to close, suspend, or limit access to your LemFi Account and/or the Services in the event we are unable to obtain or verify this information.

3.3 Depositing Money

You may deposit money in supported currencies into your LemFi Account in order to (i) convert the currency, (ii) send it to another person or to your own account or (iii) hold a balance in your LemFi Account for use later.

You can deposit money through Interac™. We will credit your LemFi Account once we have received your money, and are not responsible for the money you have deposited until we have received them.

If you choose to deposit money via Interac™, you will need to provide your email address or phone number. When you choose to deposit money via Interac™ you confirm: you are authorized to access and transmit funds from your bank account via Interac™, and that you have the authority to initiate an Interac™ e-transfer or approve an Interac™ request payment in the amount at issue to or from your bank account. The bank that you choose to complete your Interac™ e-transfer may have restrictions on the amount you may send in each Interac™ e-transfer and the frequency of Interac™ e-transfers you may have over a period of time. For legal and security reasons, we may impose limits on how much you can deposit into your LemFi Account.

3.4 Holding A Balance in your LemFi Account

LemFi is not a bank and therefore value held as a balance in your LemFi Account represents an unsecured claim against LemFi and is not insured by the Canada Deposit Insurance Corporation (CDIC).

3.5 History of Transactions

All of your transactions (including your balance, deposited money, and money you have received, converted, sent and/or withdrawn), including related fees and exchange rates, if applicable, are recorded in the transaction history section of your LemFi Account. You may access this information after you have logged into your LemFi Account, including the following information:

• a) Your LemFi Account balance may be held in certain currencies supported by LemFi from time to time. You may hold a balance in more than one of these currencies at the same time. You are responsible for all risks associated with maintaining a LemFi Account balance in multiple currencies.

• b) If you have a LemFi Account balance, you may send or receive money by:

  • (i) Withdrawing it by sending it to your own bank account (whether or not your bank account is based in Canada) using Intrac method, depending on the currency;
  • (ii) Sending it to a beneficiary account in Canada or supported countries as part of international money transfer.

3.6 Limits on Inbound and Outbound Money Transfers

You agree that your LemFi Account is subject to Inbound and Outbound money transfer limits as applicable from time to time. If your Outbound and Inbound money transfer request exceeds the imposed limit, we may decline your request or apply additional checks and obligations or time limitations before allowing the money to be sent and received in respect of any transactions.

3.7 Delay in Sending Money

We do not have any control over the time it may take for your bank or payment services provider to credit and make available funds to you or your recipient/beneficiary. We use our best endeavors to ensure that transactions are completed within reasonable time, however, this is subject to third party service providers terms and conditions to which we are bound. We may delay a transaction, in certain situations, including, if we need to confirm or verify any information to our satisfaction or third party services providers.

3.8 Currency Conversion

General

Our Services include the ability to convert currencies, for example:

• (i) You may deposit money in one currency and use that balance to send money to a third party in another currency;
• (ii) You may convert a currency balance in your LemFi Account to a different currency to hold in your LemFi Account.

A conversion fee, Foreign Exchange rate or both may apply when we perform a currency conversion. We will only process your currency conversion order if we hold or have received the relevant funds and the fees specified in your LemFi Account. It is your responsibility to send us the money to fund a currency conversion order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.

We reserve the right in our sole discretion to refuse any currency conversion order. Reasons for refusal may include but are not limited to incorrect information about the recipient, insufficient available funds, or where we believe you may have violated this Customer Agreement, including we believe you are attempting to engage in currency trading or other trading for purposes not permitted by this Customer Agreement. We will endeavour to notify you of any refusal, using the contact information in your LemFi Account or using other methods, stating (where possible) the reasons for such refusal and explaining how to correct any errors. However, we will not notify you if such notification may be unlawful.

In respect of the Exchange rate used to convert currency, we will let you know the exchange rate applicable including all charges and fees before you confirm the transaction on your LemFi Account. Your acceptance of the transaction on your LemFi Account is conclusive and binding.

Limits on Conversion

We may place limits on the amount of currency you may convert at any given time, for more information on the applicable limits, please refer to support@lemfi.com We may limit the amount of your conversion order consistent with our obligations under applicable law and at our discretion.

Delay in Conversion

We carry out verification checks and these checks may increase the time it takes to process your currency conversion order. We cannot be responsible for any delays as a result of carrying out those checks.

Cancellation of your Currency Conversion Order

You may cancel your currency conversion order for a full refund at any time before the transaction amount is converted in accordance with your instructions. However, frequent cancellations may result in restricting your use of the Services.

3.9 Payment Instructions

You are responsible for ensuring the instructions you provide to us are accurate. Once payment instructions have been executed by LemFi, transactions cannot be cancelled or reversed and we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions.

You further accept that:

• your Payment instructions are subject to our approval and any third parties through whom we may process your payments; and
• accurate, valid and with your sole consent; and
• approved by you without recourse to LemFi in respect of any claims, liabilities, loss, or chargeback whatsoever; and
• subject to our legal and regulatory obligations as applicable anywhere in the world.

Fees and Taxes

The fees for withdrawing and sending money, currency conversion and any other services will be disclosed to you when you place an order (as amended from time to time at LemFi’s sole discretion) and prior to you confirming the transaction.

You agree to pay the relevant fees using the payment method prescribed by us and upon completing the transaction. Our fees may include any fees that your bank or any third party may charge for processing your transactions forming part of our fees. Those fees may be deducted from money you deposit into your LemFi Account or balances in your LemFi Account.

API means the application programming interface provided by LemFi and the API Partner means a business we have partnered with for LemFi to offer our Services through their website, mobile application or similar. An API Partner may charge a fee for the convenience of using our Services via the API Partner. This fee is set by the API Partner and is separate to any fees charged by LemFi for your transaction(s). LemFi may collect this fee on behalf of an API Partner.

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

3.10 Closing Your LemFi Account

By You:

• You may close your LemFi Account at any time by contacting our Customer Support.
• At the time of closure, if you still have money in your LemFi Account, you must withdraw your money within a reasonable period of time and no later than within 3 months after you notify us of your intention to close your Lemfi Account.
• You agree that you will continue to be responsible for all obligations related to your LemFi Account even after it is closed.

By LemFi:

• LemFi can close your LemFi Account in its sole discretion, reserves the right to suspend or terminate this Customer Agreement and access to or use of our Websites, software, systems, Mobile App (including any networks and servers used to provide any of the Services) resulting in the following consequences:
  • (i) restriction on the use of the LemFi App or LemFi Account;
  • (ii) restricting any access to your funds at our sole discretion.

Reasons we may close your LemFi Account include, but are not limited to:

• your breach of any provision of this Customer Agreement or documents referred to in this Customer Agreement;
• we are requested or directed to do so by any competent court of law, government authority or agency, or law enforcement agency;
• we have reason to believe you are in violation or breach of any applicable law or regulation; or
• we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity;

We may also suspend your LemFi Account if it has been compromised or for other security reasons or has been used or is being used without your authorization or fraudulently;

If we close your LemFi Account or terminate your use of the Services for any reason, we’ll provide you with notice of our actions and make any unrestricted money held in your LemFi Account available for withdrawal subject to our sole discretion;

In the event of loss, claims, costs or expenses (including reasonable legal fees) arising out of your breach of this Agreement, any applicable law or regulation and your, or any authorised third parties’, use of our Services, you agree to defend, compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.

3.11 Communications

We are required to provide certain information to you in writing. By accepting this Customer Agreement, you agree that we can communicate with you electronically either by email, SMS or by posting notices on the Website, LemFi Mobile App or any other means of communication prescribed by us.

We may call or text message you at the telephone number(s) you have provided to us. We may place such calls or texts to (i) provide notices regarding your LemFi Account or Account activity, (ii) investigate or prevent fraud. We may share your phone number(s) with service providers with whom we contract to assist us in providing you services, but will not share your phone number(s) with third parties for their own purposes without your consent.

4. Issues that May Occur

Reversals and Chargebacks

• You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by LemFi caused by or arising out of your breach of this Customer Agreement, and/or your use of the Services. You agree to reimburse LemFi for any and all such liability.
• Payments to you may be invalidated and reversed by LemFi if:
  • Our investigation of a bank, or a payment processor reversal finds that the transaction was fraudulent.
  • LemFi sent the payment to you in error.
  • The payment was unauthorized or invalidated by the sending bank.
  • You received the payment for activities that violated this Customer Agreement,
  • LemFi has a claim against you for the funds.
  • When you receive a payment, you are liable to LermFi for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason.

Negative Account Balances

If your LemFi Account balance becomes negative for any reason, including on account of reversal or chargeback, that negative balance represents an amount you owe to LemFi and you promise to repay the negative balance immediately without any notice from us.

Errors and Unauthorized Transactions

• To protect yourself from errors and unauthorized activity, you should regularly log into your LemFi Account and review your LemFi Account statement. LemFi will notify you of each transaction by sending an email or other forms of authorised communications. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.
• LemFi will protect you from unauthorized activity and errors in your LemFi Account. When this protection applies, LemFi will cover you for the full amount of the unauthorized activity as long as you cooperate with us and notify us.
• We may rectify any errors that we discover. If the Error results in the following:
  • When money is either incorrectly taken from your LemFi Account or incorrectly deposited into your LemFi Account, or when a transaction is incorrectly recorded in your LemFi Account;
  • You send money to a third party or withdraw money, and the incorrect amount is debited from your LemFi Account;
  • An incorrect amount is credited to your LemFi Account;
  • A transfer to or from your LemFi Account is missing from or not properly identified in your LemFi Account statement; and
  • If you believe an Error of the type described in this section have occurred, and you duly contact us in accordance with the information above, we will investigate and determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question and we may, under certain circumstances.

What is an Unauthorized Transaction?

• An Unauthorized Transaction occurs when money is sent from your LemFi Account balance that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your LemFi Account, and sends a payment from your LemFi Account, an Unauthorized Transaction has occurred.
• The following are not considered Unauthorized Transactions:
  • If you give someone access to your LemFi Account (by giving them your login information) and they use your LemFi Account without your knowledge or permission. You are responsible for transactions made in this situation.
  • Invalidation and reversal of a payment as a result of the actions or omissions of your own errors, negligence or disregard of proper and responsible conduct on your report.

5. Complaints

If you have a question or complaint regarding the Services, please send an e-mail to the Customer Service: support@lemfi.com

6. Technology

LemFi App Conditions

In consideration of you agreeing to abide by the terms of this Customer Agreement, we grant you a non-transferable, non-exclusive license to use the App on your device subject to this Customer Agreement and the Appstore and Google Play Rules. We reserve all other rights. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Customer Agreement and does not own and is not responsible for the LemFi App. Apple is not providing any warranty for the LemFi App. Apple is not responsible for maintenance or other support services for the LemFi App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the LemFi App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to LemFi in accordance with this Customer Agreement. The license you have been granted herein is limited to a non-transferable license to use the LemFi App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the LemFi App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Customer Agreement and, upon your acceptance of the terms and conditions of this Customer Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Customer Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Customer Agreement is not subject to the consent of any third party.

You acknowledge and agree that LemFi may engage third party partners and providers in order to deliver you the Services. Certain Website or App functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

LemFi neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third Party Materials through the Website or LemFi App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

7. Limitations on Liability and Other General Terms

Limitation on LemFi’s Liability

SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, LEMFI WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE (INCLUDING FOR GREATER CERTAINTY, OUR PARENT AND AFFILIATES), AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF LEMFI, (INCLUDING FOR GREATER CERTAINTY OUR PARENT OR OUR AFFILIATES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OR THIS CUSTOMER AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY (INCLUDING FOR GREATER CERTAINTY, THE LIABILITY OF OUR PARENT AND AFFILIATES), AND OUR (AND THEIR RESPECTIVE) OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LEMFI (INCLUDING FOR GREATER CERTAINTY OUR PARENT AND AFFILIATES) AND OUR (AND THEIR RESPECTIVE) OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) YOUR USE OF OR YOUR INCAPACITÉ TO USE LEMFI’S SITES AND SERVICES; (B) DELAYS OR DISRUPTIONS IN LEMFI ’S SITES AND SERVICES; (C) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING LEMFI’S SITES OR SERVICES OR ANY SITE OR SERVICE LINKED TO LEMFI’S SITES OR SERVICES; (D) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN LEMFI’S SITES OR SERVICES OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM; (E) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES; (F) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (G) YOUR NEED TO MODIFY PRACTICES, CONTENT, OR BEHAVIOR, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THIS AGREEMENT OR LEMFI’S POLICIES. LEMFI RESERVES THE RIGHT TO MODIFY ITS POLICIES AND THIS CUSTOMER AGREEMENT AT ANY TIME CONSISTENT WITH THE PROVISIONS OUTLINED HEREIN.

Service Availability

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).

No Warranty

SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.
IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, LEMFI, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LEMFI, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Events Outside of Our Control

“lemfI.com,” “LemFi,”are all logos related to the Services that are either trademarks or registered trademarks of LemFi or LemF’s licensors. You may not copy, imitate, modify or use them without LemFi’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of LemFi. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by LemFi for the purpose of redirecting web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes LemFi or the Services or display them in any manner that implies LemFi’s sponsorship or endorsement. All right, title and interest in and to the LemFi Website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of LemFi and its licensors.

LemFi (Money Services Business)

Our relationship with you under this Customer Agreement with you is as a Money Services Business, and an independent contractor for all purposes. LemFi is not your agent or trustee.

Entire Agreement

This Customer Agreement, along with any applicable policies, amended terms and notices (as applicable or communicated from time to time) are incorporated herein and on the LemFi App or Website, sets forth the entire understanding between you and LemFi with respect to the Services. Certain terms that by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Law and Jurisdiction

The provision of the Services and any dispute or claim arising out of the provision of the Services is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute or claim arising out of or in connection with the Service, this Customer Agreement, or use of the Website, the LemFi App will be subject to the non-exclusive jurisdiction of the courts of the Province of Ontario.

Language

The parties have agreed that this Customer Agreement and any related documents will be written in the English language.

Other Information About this Customer Agreement

You may not transfer or assign any rights or obligations you have under this Customer Agreement without LemFi’s prior written consent. LemFi may transfer or assign this Customer Agreement or any right or obligation under this Customer Agreement at any time.

Each of the paragraphs of this Customer Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we delay in asking you to do certain things or in taking action, it will not prevent us from taking steps against you at a later date.

Our failure to act with respect to a breach of any of your obligations under this Customer Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

This Customer Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you

8. Data Protection

(a) Data Controller:
The Company, either for itself or by and through one of its subsidiaries, is a Data Controller. In order for us to provide you with the services relating to your Account, we are required to collect and process personal data about you, with your consent or on a legal basis to meet our obligations for Anti-Money Laundering legislation or other governmental organization. Where applicable, if an Account holder is under 13, then parental consent is explicitly required.

(b) Privacy Policy:
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy (the ‘Privacy Policy’) in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement and is incorporated by reference as if fully set forth herein. To read our Privacy Policy in its entirety, click here

(c) Data Retention:
LemFi has adopted certain practices and procedures with respect to data collected and retained by the Company in connection with the provision of the Resources to Subscribers, and records related thereto, including Registration Information (the ‘Data’) to ensure (i) the Data is adequately protected and maintained, (ii) that Data no longer needed by the Company or which is of no value is discarded at the proper time, and (iii) that Data belonging to Subscribers are safely and properly retained as needed and, when appropriate, returned or destroyed. We don’t promise to store or keep showing any information and content that you’ve posted. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

(d) Document Destruction:
LemFi will keep and retain information, data, and User Content you submit through the Application in accordance with the record retention policy of your respective academic institution or in accordance with applicable law, whichever is longer, after which time the Data will be (i) archived or (ii) deleted, in the Company’s sole discretion. If the Company elects to delete the data it will take reasonable efforts to delete, remove, or otherwise destroy any such Data in its possession.

(e) Litigation Hold:
In the event the LemFi is served with any subpoena or request for documents or becomes aware of a governmental investigation or audit concerning the Company or a client thereof, or the commencement of any litigation against or concerning the Company or a client thereof, any further disposal of documents shall be suspended until shall time as the Company, with the advice of counsel, determines otherwise. LemFi shall take such steps as is necessary to promptly inform all staff of any suspension in the further disposal of documents.

(f) Disclosures:
You may request a copy of any legally required disclosures (including this Agreement) from us via Customer Support, and we will provide this to you in a form which enables you to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored via, for example, our website, your Account or by email.

9. LEMFI PROMOTIONS

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

• Awards must be used within 30 days from the date awarded and must be used as part of an international money transfer, inclusive of any minimum value (currently $5 but this may change from time to time as prevailing) forming part of a single money transfer and any other applicable terms;
• Any additional awards, bonuses or prizes forming part of any promotions or offer must be used within 30 days from the date being awarded or such would be withdrawn without further notice;
• Any monetary awards may be amended, withdrawn or replaced without notice at LemFi’s sole discretion.