Terms and conditions of use

In Santiago, Chile, on October 13th, 2022, between Lemu Earth SpA, ID 76.860.724-9, legally represented by Mr. Leonardo Prieto Williamson, ID 13.552.997-4, both domiciled for these purposes at Avenida Manquehue Sur 520, office 205, Las Condes, Santiago, Chile, hereinafter "Lemu Earth", on the one hand; and on the other hand, indistinctively, the "User" or “Adopter”, and jointly with Lemu, the "Parties" and individually each of them, the "Party", have agreed to the following terms and conditions of use of the LEMU electronic platform, hereinafter the "Terms and Conditions":

1. Definitions.

1.1 LEMU is a virtual platform that connects natural or legal persons that manage conservation projects, in a portion of a given territory destined for the protection of the ecosystems found within it, and natural or legal persons interested in the existence of conservation actions that can be carried out in them.

By virtue of the information collected for each conservation project, a certain number of cells will be generated in Lemu, each one of approximately 1.5 hectares, constituting a digital representation of the conservation actions proposed to be carried out in a given conservation project. Users of the platform have the possibility of acquiring one or more cells as a consideration for the Services allowing to accessing the information generated for each cell, for a given period of time, after which they must pay a renewal fee, maintaining their rights of access to the information generated for such cell.

1.2 For the purposes of these Terms and Conditions, the words listed below shall be construed as having the meaning given to each of them:

"Project": refers to the property that can be used for the protection of the ecosystems located within it;

"Cells": refers to a digital representation of approximately 1.5-hectare area of a Project, subject to conservation actions;

"Virtual Credits": means a digital asset issued by Lemu Earth, which may be used to adopt and/or renew Cells, in the cases and opportunities defined by Lemu Earth; which are not real money and do not generate a credit in favour of the Adopter against Lemu Earth.

"Account": means the feature of Lemu that the User accesses upon authentication, which corresponds to the personal site of the Registered User in the application. Your Account allows you to access different services, among which are the User Profile, adopted cells, saved cells, historical and future events log related to the services used in Lemu, among others;

Saved Cells”: Cells that have been selected by Users but not yet adopted;

"Adopted Cells": Section of the Account in which all Cells owned by an Adopter are recorded;

"Steward": means any natural or legal person who is responsible, as owner, lessee, usufructuary or by virtue of a contractual or legal obligation, for the conservation, protection, restoration, maintenance and/or improvement of the Project;

"User Name": means the name that identifies the Registered User, designated by the Registered User, and which is registered in Lemu's databases. With the User Name, the Registered User is authenticated in Lemu;

"Adopter(s)": means any User acquiring one or more Cells;

"Lemu": refers to the platform administrated by Lemu Earth;

"Lemu Index": an algorithm that generates a score for each Project representative of the spatial prioritisation of conservation value, balancing an anthropocentric and ecocentric valuation of ecosystems. In other words, the Lemu Index indicates which places are key to conserve given their contribution to humans (anthropocentric) as well as their intrinsic value (ecocentric). The Lemu Index is generated through information captured by Lemu Earth by any means, including monitoring through satellite tools, aircraft and drone photography, and use of macro-data on the particular conditions of each Project. This indicator shall not be considered, under any circumstances, as an investment recommendation or evaluation;

"Lemu Wallet": means the virtual wallet, i.e. the digital record, which display the available Virtual Credits;

"User Profile": means the personal information of the Registered User, which is published on Lemu;

"User Registration": means the process by which an unregistered User proceeds to successfully complete the registration procedure on the platform, obtaining a User Name and a password, if applicable, which in turn will enable them to access certain and specific content and to use the services available on the platform;

"Services": means the activities carried out by Lemu Earth to gather the information necessary to register the Projects in Lemu and issue the Cells. Some of these activities are, and without the following list being exhaustive: measurements, monitoring through satellite tools, aircraft and drone photography, use of macro-data of the particular conditions of each Project, among others.

"Transaction": means any transaction involving the adoption and/or renewal of Cells.

"T&C": means Terms and Conditions.

"User": means the natural or legal person who enters Lemu, browses Lemu and/or uses the Services and/or the information contained in Lemu. The User may be an Unregistered User or a Registered User, as defined below;

"Registered User" or "Member": means, interchangeably, any User who has successfully completed the User Registration process on Lemu, and who therefore has a User name and password, if applicable, to authenticate themselves on Lemu;

"Unregistered User": means a User who has not successfully completed the User Registration process, and therefore does not have a User Name and password. The Unregistered User may eventually be able to browse certain pages and contents of Lemu, however, browsing certain or all contents and sections is reserved only for Registered Users of Lemu.

2. Introduction.

2.1 These T&Cs govern your access to and use of the Lemu website and app; including, without limitation, the Services, the creation, adoption, redemption, renewal or modification of Cells; our online and/or mobile services; and the software provided on or in connection with such services. We therefore ask that you read them carefully.

2.2 You will only be able to access the full range of Lemu’s features once you are registered. In order to access the adoption of Cells, you must register your credit card or other payment method available on Lemu.

2.3 Lemu Earth reserves the right to allocate a certain amount of Virtual Credits which shall be available to the Adopter holding such Account solely for the purpose of adopting and/or renewing one or more Cells.

Virtual Credits are not real money and are only intended to enable the virtual adoption and/or renewal of the Cells, notwithstanding that they may virtually represent a given amount of US dollars.

Virtual Credits may not be used for any other type of transaction other than the adoption and/or renewal of Cells. This function shall not entitle the Adopter to claim any money or other pecuniary rights from Lemu Earth under the Lemu Wallet and Lemu Earth reserves the right to grant or disable Virtual Credits in the Lemu Wallet, subject to the rules set out in the following sections.

2.4 It is important to note that Lemu is a platform. We are neither a financial intermediary, nor a financial institution, nor a non-governmental organisation. Lemu Earth only performs activities related to the administration and development of Lemu. While the Lemu Index generates a score of the spatial prioritisation of each ecosystem that may be contained in a Project, it shall not be considered, under any circumstances, as an investment recommendation or evaluation.

3. Acceptance of terms and conditions.

3.1 By clicking on the "I accept" button located at the end of these T&Cs or by moving forward with the Registration process, you acknowledge and declare that you have read, understood and fully accepted the text of these T&Cs in all their parts, agreeing to be bound by them, and being subject to the applicable laws and regulations. Once you have clicked on the "I accept" button or by moving forward with the Registration process, these T&Cs shall be binding on the Parties. If you do not agree to these T&Cs, you must refrain from accessing, browsing and using Lemu. In addition, you may not make use of the information available on the web pages and applications that comprise it.

4. Powers of lemu earth in relation to the contents of lemu.

4.1 Lemu Earth may make changes to the content and to Lemu, at any time and without prior notification to the Users.

5. Adoption of cells.

5.1 In order to adopt a Cell, the Adopter must pay the amount of the Cell indicated on Lemu, in one of the currencies available on Lemu. Once the payment is credited in Lemu, the order to transfer the Cell to the Adopter's Adopted Cells will be executed. The price paid for each Cell corresponds to the consideration for the Services.

5.2 Lemu Earth reserves the right to charge a fee for the use of Lemu, to the Adopter, for each Transaction, which will be duly disclosed at the time of a Transaction and published on Lemu.

5.3 In addition, for each Transaction, Lemu will disclose any expenses, fees or costs involved in the Transaction, other than taxes, that may affect the Adopter.

5.4 Lemu and Lemu Earth are not payment processors. Notwithstanding the foregoing, in order to execute each Transaction, the services of third parties may be required to enable the processing of Transactions.

6. AUTONOMY OF CLAUSES.

6.1 If any section of the T&Cs is declared by a court of competent jurisdiction to be non-existent, invalid, unenforceable and/or otherwise ineffective, the remaining sections of the T&Cs and the rights and obligations arising therefrom shall remain in full force and effect.

7. MODIFICATIONS TO THE TERMS AND CONDITIONS.

7.1 Lemu Earth SpA may at any time and from time to time amend, modify, add, delete and update the T&C, which modifications must be accepted by the User in accordance with the applicable legislation.

7.2 To this end, Lemu Earth shall inform the User of any changes made to the T&Cs in a timely manner by publishing a notice to the User at the time of accessing Lemu.

8. TERMINATION OF TERMS AND CONDITIONS.

8.1 These T&Cs shall be in effect and binding as long as Lemu Earth keeps Lemu in operation. Lemu Earth reserves the right to terminate the provision of Lemu, its content and the Services at any time upon notice to Users and Members of Lemu.

8.2 Notwithstanding the foregoing, Lemu Earth may, at its sole discretion, immediately terminate these T&Cs, deactivate a Member's account and the respective User Registration, in any of the following cases:

  1. In the event that any of the information provided by the User is found to be false, incomplete, inaccurate, misleading, and/or in any way unreliable;
  2. In the event of unauthorised use by the User of the Lemu content as prescribed in the T&Cs, the User shall not be entitled to use the Lemu content;
  3. In the event that the User engages in any conduct or omission that violates the anti-spam provisions contained in the T&Cs;
  4. In the event that the User uses the information available in Lemu to offer Cell transaction alternatives other than Lemu; and in general
  5. In the event of any breach by the User of their obligations under the T&Cs. 

8.3 In any of these cases, it will be understood that the T&Cs have been terminated from the moment that Lemu Earth notifies the User by sending an e-mail to the address registered by the User at www.le.mu/App.

8.4 It is hereby expressly stated that the User may not withdraw from these T&Cs.

9. CONFIDENTIALITY, DATA PROTECTION AND PRIVACY POLICIES.

9.1 The User undertakes to keep confidential the data provided by other Users, with special emphasis on the information of those Users who have expressly requested that it be treated with confidentiality.

9.2 The User undertakes to safeguard their User Name and password, if applicable, which are their sole responsibility and exclusive use, and must be used correctly. Consequently, Lemu Earth shall not be liable for any damage caused to the User due to misuse of the User Name and/or password. In the event of any misuse of the User's User Name and/or password, the User undertakes to notify Lemu Earth immediately by e-mail to support@le.mu.

9.3 Lemu Earth establishes the Website/App Privacy Policy, which is available at www.le.mu. The User undertakes to read and accept these policies in order to browse Lemu and use the Services offered there.

10. VERACITY OF THE USER'S INFORMATION.

10.1 User Responsibility. The User undertakes that all information provided to Lemu Earth, whether through Lemu Earth (in User Registration forms or other means provided by Lemu Earth), and/or other means that Lemu Earth has defined with the User (email, mail, telephone, at Lemu Earth's offices, among others), must be truthful, complete, reliable and verifiable. Likewise, the User is solely responsible for keeping their personal information up to date at all times.

10.2 Acceptance. By accepting the T&Cs, the User guarantees the authenticity of all data provided to Lemu Earth and of all data that may be updated over time. The User shall be solely liable for any damages caused by any information that is false, incomplete, inaccurate, misleading and/or in any way unreliable. Lemu Earth shall not be held liable for any faults incurred by the User with respect to this section.

10.3 Prohibitions. The User declares that they know and accept that they may not create accounts or use Lemu by providing false information.

10.4 Verifications. Lemu Earth reserves the right to verify the information provided by the User. If the information or any part thereof is found to be false, incomplete, inaccurate, misleading, and/or otherwise untrue, Lemu Earth may deactivate the User's account and registration and may terminate these T&Cs and the Services and deny access to the User in the manner set forth in section 8 above. The foregoing is without prejudice to Lemu Earth's right to take any legal action it deems appropriate against the User who has provided such information.

11. INTELLECTUAL PROPERTY.

11.1 Protected Content. All material on Lemu and its contents, including, but not limited to, text, data, articles, designs, logos, trademarks, forms, documents, documents, graphics, photos, images, content in general, its organization and compilation, source codes, software, among others, and any other information contained in Lemu Earth (the "Content" or "Contents") is the property of Lemu Earth, or of third parties who have expressly authorised its use by Lemu Earth, and is protected by intellectual property regulations and by the international treaties in force in this area. The User declares that they are aware and accepts that the Content is the property of Lemu Earth.

11.2 Pursuant to the provisions of  Chilean Intellectual Property Law No. 17.336 and Industrial Property Law No. 19.039, as well as the relevant complementary legislation, the reproduction, transmission, adaptation, translation, distribution, public communication, including making available, of all or part of the Contents of the Website/App, in any medium and by any technical means, is expressly prohibited, unless expressly authorised in writing by Lemu Earth.

11.3 Lemu Earth does not grant any licence or authorisation of use of any kind over its intellectual and industrial property rights or over any other property or right related to the Website/App, and under no circumstances shall access and browsing by Users imply a waiver, transmission, licence or total or partial transfer of said rights by Lemu Earth.

11.4 Prohibitions:

  1. The User may not modify or create from part or all of the Content published on Lemu, which does not belong to them, without the authorisation of the owner or holder.
  2. The use of Lemu content on any other website/app, including links to Lemu on other websites/apps, with or without the Lemu logo, is prohibited without prior written permission from Lemu Earth.
  3. The User may not reproduce a "mirror" site of the Lemu website/app or any part of it, maintain it on other servers or publish it on the Internet.
  4. When registering, the User may not provide false or misleading information to Lemu Earth.
  5. The User may not use or attempt to use the account of another User without the permission of that User and Lemu Earth.
  6. The User may not impersonate another person or create a misleading User Name.
  7. The User may not use the Services in any manner that could interfere with, disrupt, adversely affect or prevent other Users from fully enjoying the Services, or that could damage, disable, overburden, or impair the operation of the Services in any way.
  8. The User may not develop, use or disseminate any software, or interact with any application programming interface in any way, that may damage, harm or impair Lemu.
  9. The User is prohibited from reverse engineering any aspect of the Services, or taking any action intended to or likely to discover the source code or to circumvent measures employed to prevent or limit access to any service, area or code of the Services.
  10. The User is prohibited from attempting to circumvent any content filtering techniques employed by us, or from attempting to access any feature or area of the Services that they are not authorised to access.
  11. The User is prohibited from using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Services, extract data or otherwise interfere with or modify the representation of the pages of the Services or their functionality.
  12. The User is prohibited from using the data collected from Lemu to contact persons, companies or other persons or entities or to engage in any direct marketing activities (including, without limitation, email marketing, text message marketing, telemarketing and direct marketing);
  13. The User is prohibited from using the Services for any illegal or unauthorised purpose, or from engaging in, encouraging or promoting any activity that breaches these T&Cs;
  14. The User is prohibited from engaging in money laundering or other deceptive or manipulative business activities.
  15. The User is prohibited from spamming the listings in order to have a Cell appear at the top of the search results.
  16. The User is prohibited from engaging in or participating in behaviour that has the intent or effect of artificially increasing view counts, favourites, volume or other metrics that Lemu Earth may use to rank search results.

11.4 Consequences of unauthorized use. Any unauthorized use of any Lemu Content in accordance with this section shall constitute a violation of copyright and intellectual property laws and regulations and shall entitle Lemu Earth to deactivate the User's Account and Registration and may terminate the T&C and the associated service and deny access to the User in the manner set forth in section 8 above. The foregoing is without prejudice to Lemu Earth's right to exercise all civil and criminal actions to protect its legitimate intellectual property rights. Any questions regarding the trademarks and/or the use of the Lemu Content should be addressed directly to Lemu Earth.

2. USE OF LEMU AND ITS CONTENTS.

12.1 The User declares that they agree to use the Content and Lemu only for purposes that fall within the legal and regulatory framework and according to the T&Cs.

12.2 Lemu makes no representation that the contents of Lemu and the Services are appropriate in all territories, therefore, if the User accesses Lemu, the User understands and agrees that access to and use of Lemu is at the User's own risk and the User must ensure that it complies with the specific laws and regulations of its jurisdiction.

12.3 Prohibitions on the use of Lemu and the Content. The User declares to know and accept that, in addition to the prohibitions established in other sections of these T&C, there are specific prohibitions regarding the use of Lemu and its Contents, therefore, the User may not:

  1. Use Lemu and/or the Content thereof for purposes that violate applicable laws, regulations and international agreements, or engage in any practice that would in any way violate the law or violate the rights of any User and/or Lemu Earth;
  2. Distribute information or content from Lemu that could be fraudulent, misleading (including misleading advertising of other products or services not related to Lemu), discriminatory, violent, threatening, harassing, defamatory, denigratory, immoral, obscene or pornographic and that could damage third parties and/or Lemu Earth as a result;
  3. Distribute from Lemu without the prior authorisation of the owner information or content that is protected by intellectual property laws and that with such action affects third parties and/or Lemu Earth;
  4. Use and/or hack Lemu in any way that could damage, disable, impair, affect or overburden the normal use of Lemu, its services and/or that could affect Lemu Earth's systems, platforms, software and hardware;
  5. Transmit or distribute in Lemu any virus, programme or electronic element that could damage or impede the normal functioning of Lemu, Lemu's systems, its computer equipment, and consequently, interfere with its security, generating damage to Lemu Earth and third parties;
  6. Prevent or interrupt the use of Lemu by third parties;
  7. Misuse passwords, both your own and those of third parties, if applicable, as well as using accounts and/or personal information of third parties, without the authorisation of the third party owner;
  8. Monitor, copy or extract information from Lemu, either using automatic or manual processes;
  9. Upload, publish, post, transmit, share, store or otherwise make public on Lemu or any other website/app, any private or personally identifiable information of any Member, including but not limited to the publication of names, addresses, telephone numbers, email addresses, home or work addresses, tax identification numbers, checking account and/or credit card information, among others, regardless of whether such private or personally identifiable information of a third party is deliberately or accidentally posted on Lemu in a manner visible to Members;
  10. Transmit the personal information mentioned in the previous point through emails, blogs, forums or any other means of communication of any kind;
  11. Misuse any information and content accessible from Lemu, understanding misuse - by way of example and not limitation - as actions that could undermine fundamental rights and constitutionally recognised freedoms; actions that induce or promote criminal actions; actions that induce states of anxiety and fear in third parties; among others.
  12. Use the information to which you have access as a User to contact other users and offer them any type of service that is within the scope of the business, activities and/or services carried out by Lemu Earth

12.4 Violation of any of the provisions of this section shall entitle Lemu Earth to deactivate the User's Account and Registration and may terminate the T&C and the associated service and deny access to the User in the manner set forth in section 8 above. The foregoing is without prejudice to Lemu Earth's right to exercise all actions, both civil and criminal, aimed at safeguarding its legitimate rights and those of its Members and Users.

12.5 Users who publish content on the Website/App grant Lemu Earth a full, free, perpetual licence for the use, distribution, public communication, adaptation and reproduction of this content. By means of this licence, Lemu Earth may transform, adapt and, in short, use the contents for the correct functioning of the Website/App.

12.6 Lemu Earth shall not be responsible for material created or published by third parties found in links included in the Website/App. If you visit any linked website/app, you do so at your own risk and it is your responsibility to take all necessary precautions against viruses or other destructive elements. The presence of such links does not imply that Lemu Earth sponsors or endorses any entity whose products or services are described therein.

13. REQUIREMENTS TO BE A REGISTERED USER OF THE WEBSITE/APP AND REGISTRATION OBLIGATIONS.

13.1 In order to become a Registered User of Lemu, the natural person User must have a legally issued identification document and be of legal  age, according to the legal requirements applicable to each User. User that are legal entities, must be validly registered. In case of contravention of the above, Lemu Earth reserves the rights indicated in section 8 above.

13.2 It is also mandatory for the User to have a registered credit card, which allows them to pay in dollars or other available currency. The User hereby declares that they have the necessary authorisations to register and use the credit card in the event that the cardholder is not the User, and expressly releases Lemu Earth from any liability in the event of any misuse of the card that is not attributable to Lemu Earth.

13.3 You should be aware that, by creating an Account, you agree to:

  1. Provide accurate, current and complete credit card information;
  2. Maintain and periodically update, as necessary, your Account information;
  3. Protect your password, if applicable, and accept all risks of unauthorised access to your Account and the information you provide to us; and
  4. Notify us immediately if you discover or suspect any security breach related to the Services, or your Account. Lemu Earth will block multiple accounts of the same User.
  5. Do not create another account if we have previously deactivated one you already have, unless you have our written permission first;
  6. Buy, sell or lease access to your Account or User Name;
  7. Not sharing your Account password, if applicable; or 
  8. Log in or attempt to log in to access the Services through unauthorised third party applications or clients.

14. USER ANTI-SPAM POLICIES.

14.1 The User undertakes to refrain from:

  1. Collect data from Lemu for advertising purposes;
  2. Transmit, upload, post, email or otherwise make available any promotional or advertising material and/or any type of communication for sales or other commercial purposes, which was not solicited and which does not have the prior authorisation of the third parties concerned;
  3. Transmit from Lemu spam, chain letters, junk mail or any other type of unsolicited internal and/or bulk e-mail;
  4. Hack into Lemu's systems to access its databases and obtain email distribution lists, in order to then carry out the actions described in points i), ii) and iii) above and/or to make these distribution lists available to third parties through the transfer or sale thereof.

15. LINKS TO THIRD PARTY WEBSITES/APPS.

15.1 Lemu may contain links to other websites/apps owned, operated and/or controlled by third parties. The inclusion on Lemu of links to third party websites/apps is for information purposes only, with respect to Users who would like to obtain additional information when using the Services on Lemu. Consequently, Lemu Earth is not responsible for the veracity and authenticity of the information provided on these third party websites/apps, accessible from hyperlinks on Lemu, nor can it be inferred and/or interpreted that by the fact that these hyperlinks are found on the pages of Lemu, Lemu Earth is recommending these websites/apps, their contents and/or services offered therein.

15.2 In view of the foregoing, the User understands and accepts that: a) these third-party websites/apps have no legal relationship with Lemu Earth, which is not responsible for the content and information on such sites, for the services that may be offered therein or for the availability of the content thereof; and b) the third-party sites are governed by their own terms of use, which are unrelated to these Lemu T&Cs. Thus, the User acknowledges and declares that they access and use such websites/apps at their own risk.

16. ASSUMPTION OF RISK.

16.1 You agree and declare that you are aware that:

There are risks associated with the use of digital platforms, including, but not limited to, the risk of hardware, software and internet connections, the risk of introduction of malicious software and the risk that third parties may gain unauthorised access to information stored in your wallet. You agree and acknowledge that Lemu Earth shall not be liable for any communication failures, interruptions, errors, distortions or delays that you may experience while using the digital assets, however caused.

17. EXCLUSION OF LIABILITY

17.1 You acknowledge and represent that your access to Lemu Earth is at your own risk and that, accordingly, and without limiting the foregoing, Lemu Earth shall not be liable for:

  1. Errors, omissions, inaccuracies and/or falsehoods in content published by its Registered Users and Members in the User Profiles;
  2. Any damage or harm to the User caused by failures in Lemu, Lemu's software and/or its systems;
  3. Any virus that may infect the User's equipment as a result of the User's access to and/or use of the Services, provided that the User understands that the use of the Services is at the User's own risk. As a result of the foregoing, if the use of the Services results in the User having to incur in repairs and/or corrections, hiring any maintenance service for their computer equipment, these costs shall be borne by the User, and Lemu Earth shall have no liability in this regard. LEMU EARTH EXCLUDES ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE THAT MAY DERIVE FROM THE PRESENCE OF VIRUSES OR OTHER COMPUTER ELEMENTS THAT MAY PRODUCE ALTERATIONS IN THE SYSTEMS, ELECTRONIC DOCUMENTS AND/OR ACCOUNTS AND PROFILES OF THE USERS.
  4. Unavailability and continuity of Lemu Earth. Lemu Earth declares that the system may be unavailable from time to time due to technical difficulties, internet failures or reasons beyond Lemu Earth's control, and the User understands that Lemu Earth does not guarantee continuous and uninterrupted access to Lemu and/or sections thereof. In the event of service interruption, Lemu Earth will use its best efforts to restore Lemu and its services promptly, without any obligation or liability of any kind on the part of Lemu Earth. LEMU EARTH EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY ARISE FROM THE LACK OF AVAILABILITY AND CONTINUITY OF THE FUNCTIONING OF THE WEBSITE/APP AND SERVICES.
  5. The permanent or occasional monitoring of the Services, of the content and information posted by Users, of the internal messages they send, among other actions carried out by Users that are recorded and saved by Lemu. However, the User understands and accepts that Lemu Earth has the right to monitor Lemu electronically, from time to time, and to follow up on any suspicious information and/or conduct of Users, at Lemu Earth's own discretion and in the service and satisfaction of the law, regulations and/or governmental or regulatory requirements, to ensure the proper operation of Lemu and to protect itself and other Lemu Users from conduct that may be fraudulent and/or in violation of the rights of Users.
  6. Fraudulent, harassing, denigratory, defamatory, discriminatory, threatening, immoral, obscene, pornographic or offensive conduct by Users and/or Members of Lemu.
  7. Infringements of intellectual property laws incurred by Users of the Services, who have posted or transmitted third party material that is protected by such laws.
  8. Identity theft. However, Lemu Earth reserves the right to verify accounts randomly, checking the veracity of the information. In the event that fraud is detected, Lemu Earth may cancel the account and hand over the information to the courts, especially in cases where real damage has been caused or where there is an intention to harm third parties.
  9. Any breach of these T&Cs by Users of the Services or any breach by Users of Lemu of the obligations and prohibitions stipulated in these T&Cs.

17.2 Under no circumstances shall the employees, directors, officers and representatives of Lemu Earth be liable for any damages to Users arising out of the use of the Services and the Content. Lemu Earth's employees, directors, officers and representatives shall not be liable for any damages resulting from errors, omissions, interruptions, defects, delays in information, transmission, computer viruses, system failures and other problems occurring in Lemu, Lemu Wallet and its Content.

17.3 With respect to the cases listed above, the User may not hold Lemu Earth legally liable or claim any compensation or payment for consequential damages and/or loss of profit for damages arising from the cases listed above.

18. DISPUTE OF CHARGES AND WAIVER OF ACTIONS

18.1 For disputes relating to chargebacks, unauthorised payments and refunds for transactions made with your payment card registered with Lemu, you should contact the payment card issuing institution or the relevant entity, in accordance with the regulations that apply to the use of the payment card. You should refer to the terms and conditions governing the payment card and your relationship with the payment card issuing institution for further information on any chargeback or refund procedures.

18.2 Lemu Earth is not responsible for managing or communicating the refund policy of payment card issuers or processing refunds, including, without limitation, any error in processing a refund, failure to grant a refund, failure of your payment card issuing institution to communicate about a refund or any chargeback related to a refund.

18.3 The User waives, to the extent permitted by its jurisdiction, fully, absolutely, definitively and irrevocably, any and all civil, criminal and/or administrative actions that may be applicable related to the use of Lemu Earth against Lemu Earth, its subsidiaries and/or related or affiliated companies, and with respect to the shareholders, directors, managers and representatives, executives, professional and non-professional employees, contractors and subcontractors of Lemu Earth, whether or not mentioned in this instrument.

18.4 To the extent permitted by applicable law, you waive your right to a jury trial or class action for any claim or cause of action arising out of or based on these T&Cs or any transaction or transaction conducted on Lemu.

19. APPLICABLE LAW AND COMPETENT COURT.

19.1 These T&Cs are subject to and governed by the laws in force in the jurisdictions where Lemu Earth is incorporated.

19.2 User agrees to give written notice to Lemu Earth of any claim or dispute concerning or relating to the Services, and/or Lemu Earth and the Content and Services provided therein, and to give Lemu Earth a reasonable period to respond to User before commencing any legal action against Lemu Earth.

20. CONTACT.

20.1 Any communications that the User should or wishes to address to Lemu Earth shall be made by e-mail to support@le.mu or through the Contact section of www.le.mu.

20.2 Communications that Lemu Earth must or wishes to send to the User shall be sent by e-mail to the e-mail address designated by the User at the time of registration.

21. DECLARATION.

21.1 The User hereby acknowledges that they have electronically read and understood the entire contents of these Terms and Conditions and that by clicking on the "I accept" button below, or by moving forward with the Registration process, they expressly, unequivocally and irrevocably accept these Terms and Conditions. The electronic document formalizing these Terms and Conditions will be archived in Lemu Earth's database and will be available to the User on the Website/App. In the event that the User needs to identify and correct errors in the submission or in their data, they may contact Lemu by the means indicated in section 20 of this instrument.