Lemonade Payments
THIS TRANSFER SERVICES AGREEMENT (“AGREEMENT”) SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH LEMONADE WILL PROVIDE LEMONADE TRANSFER AND RELATED SERVICES TO YOU. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY DOWNLOADING, ACCESSING, AND USING THE LEMONADE APPLICATION, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.
The words “you” and “your” refer to the person who downloads the Application and uses the Service. The words “Lemonade”, “we” and “us” and “our” refer to Lemonade Investments, a money transmitter, which provides the Service under the trade name, Lemonade, Lemonade is also the name of the Application. The word “Application” or “app” means the technology made available by Lemonade to you on your mobile phone or other electronic device by which you may access and use the Service. The word “Beneficiary” means the person to whom you send money. The word “E-Wallet” means the stored value account into which your Transfer may be paid to your Beneficiary, generally accessible on your Beneficiary’s mobile phone. The word “Payment Account” means the mpesa account (or such other source of funds that Lemonade agrees to accept from time to time for use hereunder and that you authorize Lemonade to charge) that you provide to Lemonade for Lemonade to charge for payment for your use of the Application. The Payment Account must be issued or held in your name. The word “Transfer” means the transfer of funds that you request and authorize Lemonade to process through the Application for payment to your Beneficiary. The word “Service” means the transfer of funds from you to your Beneficiary through the Application, and activities related to that transfer.
2.1 This Agreement applies only to the Transfers that you request through the Application.
3.1 In order to use the Lemonade Transfer Facility Application, you must be at least 18 years old, have a Payment Account in your name in the approved origination country and be registered with Lemonade. In order to register, you must download the Application and provide Lemonade with information about yourself, such as your name, address, date of birth, telephone number, email address, and other information or documentation that will allow us to verify your identity. You agree to provide complete and accurate information and/or documentation in connection with the registration process and you further agree to update this information as may be reasonable or necessary to keep it complete and accurate at all times.
3.2 Your use of the Application is subject to our ability to verify your identity. You authorize Lemonade to obtain information about you from third parties (including financial institutions and credit reporting agencies), although Lemonade has no obligation to do so. If you do not provide accurate and complete information during registration or when requesting a Transfer, we have the right to prohibit you from using the Service or the Application or to stop your requested Transfer. Inaccurate and/or incomplete information provided by you during registration or when requesting a Transfer may cause errors in your requested Transfer, or may delay or restrict your access to the Application or the Service.
3.3 Each time you access the Lemonade Transfer Facility Application, you shall be deemed to have confirmed the accuracy and completeness of all of your registration information.
3.4 Your registration is personal to you. You should not allow your registration details to be used by anyone else. Registration with Lemonade allows your Payment Account to be accessed through the Application. If you lose your phone or believe your access to the Application has been compromised, you should contact Lemonade immediately at support@mylemonade.io to change your password or disable your access to the Application.
4.2 Your use of the Application or the Service does not constitute or create a fiduciary or escrow capacity between you and Lemonade. Lemonade provides a transfer service only; the funds that you direct Lemonade to pay to your Beneficiary are not held by Lemonade as a deposit or in escrow, and Lemonade is not holding or processing your Transfer as a fiduciary. Lemonade’s only obligation is to pay your Transfer to your Beneficiary or to return the principal amount of the Transfer to you.
4.3 The Service is generally available 24 hours a day, 365 days a year, although there may be times when the Service is unavailable to you or to your Beneficiary. Periods of unavailability may be caused by Lemonade’s own acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond Lemonade’s control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God. Lemonade may from time to time set limits on the value of Transfers you may send (both individually and over a period of time), as well as the value of Transfers any Beneficiary may receive. Lemonade may delay payment of your Transfer to allow Lemonade to determine that your Transfer complies with applicable law, regulation or Lemonade policies. Lemonade has the right, without notice to you, to refuse to accept or pay any Transfer that Lemonade determines in our sole discretion may violate applicable law, regulation or our policies, including laws, regulations and policies intended to help detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we accept a Transfer and then determine that it may violate any such law, regulation or policy, we may hold the Transfer until such time that the matter is resolved.
5.1 In order to use the Service, you must use the Application to direct Lemonade to withdraw the principal value of the Transfer from your Payment Account, plus any applicable fees and charges; by requesting a Transfer, you authorize Lemonade to charge your Payment Account for the principal amount of the requested Transfer and applicable fees and charges, if any. You acknowledge that Lemonade has no obligation to process or complete a requested Transfer if Lemonade is unable for any reason to obtain authorization or settlement of the funds from your Payment Account for the principal amount of the requested Transfer and all applicable fees and charges.
5.2 Lemonade will disclose its fees and charges for providing the Service to you before you initiate a Transfer. Lemonade’s fees and charges may change from time to time, and may depend, among other factors, on the principal amount of your Transfer.
5.3 If the charge to your Payment Account is returned, charged-back or cancelled for any reason after Lemonade has processed your Transfer request, you will be responsible to Lemonade for the principal amount of the Transfer and all associated fees and charges. You agree to pay such amounts, plus any applicable additional service fee and as a result of the return to Lemonade immediately upon demand. You authorize us to debit your Payment Account for the amount of any of the foregoing amounts.
5.4 Although Lemonade will pay the full principal amount of your Transaction to your Beneficiary when you initiate your Transfer, your Beneficiary may incur costs, fees, or charges from his or her mobile phone company, E-Wallet issuer or other parties to maintain or withdraw the funds. Furthermore, your Beneficiary’s ability to use or withdraw the funds you send may be limited by the terms of your Beneficiary’s E-Wallet issuer.
Use care when inputting information about your Beneficiary; and verify that you have provided us with the Beneficiary’s correct phone number. You represent and warrant to us that all information you enter into the Application or otherwise provide to Lemonade is true and complete, including information about you, your Payment Account, and your Beneficiary. When processing a Transfer Payment, Lemonade may rely on the registration information and Transfer information that you provide, including information about your Beneficiary. You acknowledge that any errors in the information you provide, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility.
The Lemonade Transfer Facility Application is generally available 24 hours a day, 7 days a week, 365 days a year. Generally, your Beneficiary is paid instantly through the Lemonade mobile application; accordingly, once you originate a Transfer, you may be unable to stop or change it. If ever there is a situation where your transaction is not delivered instantly to the Beneficiary, we will contact you and keep you informed about the delay.
8.1 Lemonade and/or Lemonade designated service providers will arrange for the payment of the Transfer to your Beneficiary. Lemonade reserves the right to select the form of payment to the Beneficiary. Lemonade and/or Lemonade designated service providers will use reasonable efforts to provide payment in a form requested, but the Lemonade Application is not obligated to provide payment options for a specific Payment. Depending on the situation and the availability of various payment options, payment may be made by means of a credit to a mobile wallet, currency (cash), by check, by stored value card, credit to a bank account or credit card account or by some other payment instrument. Not all payment methods are available in all countries, and Lemonade reserves the right to change payment method options. If a Beneficiary cannot be located and identified, the Transfer Payment funds may be returned to you either by a credit to your Payment Account or by check, at Lemonade’s option.
8.2 Lemonade reserves the right to establish identification and verification requirements for a Beneficiary to receive a Transfer. Lemonade may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Transfer, when paying the Beneficiary. Lemonade has the right to decline to pay the Beneficiary if Lemonade cannot verify the identity of the Beneficiary or if Lemonade believes that you or your Beneficiary may be in violation of this Agreement or any applicable law, regulation or Lemonade policy. Although Lemonade has the right to establish identification and verification requirements, and the Beneficiary’s failure to comply with them is a basis to decline payment of the Transfer, Lemonade has no obligation to establish any such requirements.
The Application is not intended for use by any person in any jurisdiction or country where such use would be contrary to law or regulation. Specifically and without limitation, you may not use the Service for any Transfer (a) induced by or involving the proceeds of crime, fraud or other improper activity; (b) exceeding Lemonade’s transaction limits (whether in amount, frequency or otherwise); (c) sent for the purpose of gambling, including placing bets or paying winnings; (d) intended to be used as an escrow or similar capacity for delayed payment; (e) which Lemonade determines is suspicious or may violate applicable law or regulation, including laws intended to detect and prevent money- laundering, terrorist financing, human trafficking, fraud, or to enforce currency or exchange rate controls. You agree that you will only request a Transfer that complies with this Agreement, applicable origination country laws and applicable laws in the country of the Beneficiary. You may only use the Application to send Transfers on your own behalf. You may not resell the Application or use the Application to make Transfers on behalf of, or as agent for, another person. You will provide information and/or documentation that Lemonade may request from time to time in order for Lemonade to comply with any applicable laws, including anti-money laundering laws. Lemonade may refuse payment of any Transfer which Lemonade determines in its sole discretion does not comply with applicable law, Lemonade policy or the terms of this Agreement.
10.1 Lemonade has the right to reject your request for a Transfer, or to decline to complete a request for a Transfer, or to impose a value or frequency limitation on your use of the Service, without cause or prior notice to you. Without limiting the foregoing, Lemonade may suspend, delay or reject your Transfer Payment request if: the value of one or more of your Transfer requests exceed any limits established by Lemonade; Lemonade is unable to charge your Payment Account for the principal amount of the Transfer and related fees and charges; your Transfer request is incomplete or unclear; Lemonade is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary; Lemonade suspects fraud or irregularity or illegality; your name or the name of your Beneficiary is a possible match to a name on one or more applicable “watch lists” maintained by governments, inter-governmental groups or Lemonade to help detect and prevent illegal activity; Lemonade and/or Lemonade-designated service providers are unable to fulfill your request for any reason.
10.2 If your request for a Transfer is declined for any reason, Lemonade will notify you by an SMS / text message or electronic mail, or by any other reasonable means of notice.
10.3 Generally, if your request for a Transfer is declined or rejected, Lemonade will return the principal amount of your Transfer to your Payment Account, if it has already been withdrawn; there may be circumstances, however, where the law requires Lemonade to hold your Transfer or to pay it to another party (including a government agency). If that happens, Lemonade will inform you, if we are permitted to do so by applicable law.
Lemonade is not responsible for any delay, failure to execute, or an error in the execution of your Transfer request due to circumstances beyond Lemonade’s reasonable control, whether caused by strikes, power failures, equipment malfunctions, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances, or incorrect or incomplete information provided by you. You further agree that that Lemonade may refuse to process or delay processing any request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system. Under no circumstances will Lemonade be liable for damages, whether caused by the negligence of Lemonade’s employees, contractors, agents or others, in addition to refunding the principal amount of the Transfer and any fees and costs you may have paid to Lemonade to send it. Under no circumstances will Lemonade be liable for any incidental, indirect, special, punitive or consequential damages or the like. THE APPLICATION AND SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEMONADE MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE APPLICATION OR THE SERVICE. LEMONADE DOES NOT WARRANT THE FUNCTIONALITY OF THE APPLICATION OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION RELATED THERETO AND EXPRESSLY DISCLAIMS LIABILITY FOR NON- FUNCTIONALITY OF THE APPLICATION AND THE SERVICE, OR ERRORS OR OMISSIONS IN ANY INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE APPLICATION OR THE SERVICE.
For error resolution, transaction cancellation, questions, complaints, or a written explanation of your rights, contact us at support@mylemonade.io. Because Lemonade credits Transfers to Beneficiaries immediately, your Transfer is typically not cancellable or refundable. If you believe that you sent a Transfer in error, you must contact us within thirty (30) minutes after you initiated it at lemonade.ke@gmail.com, and we will attempt to recall it. If your Transfer has not yet been credited to your Beneficiary’s account, we will refund it to you (including all fees, if any) within three (3) business days. However, if the Transfer has already been credited to your Beneficiary’s account we will be unable to cancel it. If you notify us that the account number, telephone number, Beneficiary name or other information that you provided to us when you initiated your Transfer was incorrect, we will promptly use reasonable efforts to recover the amount of your Transfer, but we may be unable to do so if your Transfer has already been paid or credited in accordance with the information you provided. You have a right to dispute errors in your transaction. If you think there is an error, contact us at lemonade.ke@gmail.com within 180 days after you sent your Transfer, and provide your name, contact information, the Beneficiary’s name, the date of your transfer, as well as the reason you believe there has been an error. Lemonade will investigate and determine whether an error occurred, and we will complete the investigation within 8 weeks (56 days). We will inform you of the results of the investigation within three (3) business days after the investigation is completed. You may request copies of any documents we used in our investigation. If Lemonade was at fault, we will refund the total amount you paid, including fees, if any, within one business day, or as soon as reasonably practicable. Lemonade will pay all refunds (whether resulting from a cancelled or disputed Transfer) either by a credit to your Payment Account or by check payment, at Lemonade’s option. Alternatively, you can choose to have Lemonade process the Transfer again for no additional charge. Except for our obligation to investigate and refund described above, Lemonade is not liable to you for any loss resulting from Lemonade’s inability to cancel or refund a Transfer.
In consideration of our agreement to provide you with the Application and Service, you agree to indemnify and hold Lemonade harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses – including reasonable attorney’s fees – in connection with or arising out of (i) your use of the Application or the Service, (ii) your breach of this Agreement, or (iii) Lemonade acting upon your request for a Transfer. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify Lemonade for any losses caused due to any inaccurate, non- current or incomplete information that you provided to Lemonade and for any losses due to your failure to maintain the secrecy and confidentiality of all your IDs, passwords, or due to any unauthorized use of your ID and/or password.
Where allowed, any dispute or claim arising from or relating to this Agreement, any Transfer or the Service, including disputes involving this provision about the resolution of disputes, will be settled by binding arbitration. Each party will pay for its own attorneys, experts and witnesses. Neither party shall have the right to participate in any class of claimants pertaining to any claim. Third parties’ claims shall not be joined in any arbitration between Lemonade and you pertaining to any claim and Third parties’ claims shall not be joined in any arbitration between Lemonade and you. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will pay for its own attorneys, experts and witnesses. The costs of the arbitrator(s) shall be divided equally between the parties.
In order to use the Application, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Application and Service by means of electronic (SMS-text message or email) communications. If any change to this Agreement requires prior notice to you, Lemonade will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the Application, or Lemonade will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement. Lemonade will make available to you a record of each of your Transfers electronically on the Application. In order to use the Application, you must have a Android device or iPhone or any other device approved by Lemonade. You agree that if you remove your consent to receive electronic communications, Lemonade will terminate your use of the Application and Service.
This Agreement, along with all the material incorporated into it by reference, constitutes the entire understanding between you and Lemonade concerning the Application and the Service. It supersedes all prior agreements, and may not be modified orally. Lemonade may modify, supplement, alter and amend this Agreement at any time, and you will be deemed to have agreed to any such changes if you continue to use the Application after you have been notified of any such changes. Lemonade Investments, and any of its subsidiaries and affiliates, along with the banks, telephone service providers and others we have engaged to assist us, may participate in the provision of the Service. We may assign this Agreement or delegate our obligations under it, in whole or in part, without notice to you and without your consent. If any portion of this Agreement is determined to be invalid, the remaining provisions will nevertheless be enforceable.
The Privacy Policy describes the way Lemonade Investments, a Kenyan company doing business through our mobile phone application, Lemonade, and its affiliates (collectively, “Lemonade” or “us”) obtains, uses, stores, manages and disposes of certain information that you, as a user of our services, provide to us. You have certain rights to know what information we collect, how we use it, and how you may obtain and correct it. You consent that you have read and agree with the Privacy Policy, which may be found at the following link: Privacy Statement Lemonade’s privacy policy may change in the future. If that happens, the revised version will be posted on our website, and will be sent to current users via the email addresses associated with their Lemonade App registrations.
Disclaimers and Footnotes
Lemonade Payments is a fintech company, not an insured bank or microfinance company. Payment services are provided by officiall licensed banks, all regulated by the Central Bank of Kenya. All customers must share KYC details as required before opening and operating an account. This information contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential” and other similar terms.