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Application for Lunu Services and Eligibility
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In order to be eligible to use our Services, you must be at least eighteen (18) years of
age, and have full power and capacity to accept these Terms.
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You must represent and warrant to us in opening an account with us, that you are not acting
on behalf of or for the benefit of anyone else.
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You shall provide all such Customer Information as may be requested by Lunu and deemed by
Lunu to be necessary for purposes of determining whether we can provide you with the Lunu
Services. In particular, Lunu reserves the right to require you to provide such additional
Customer Information as may be deemed by Lunu to be necessary for purposes of:
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verifying your identity and other Customer Information provided by you to Lunu;
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verifying the justifications for the sources of funds or sources of wealth as a
condition of providing the Lunu Services to you or before Lunu permits you to use or
continue to use our services;
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otherwise fulfilling our legal or contractual obligations as well as enforcing these
Terms.
Lunu may make, directly or indirectly, any inquiries which it considers necessary to
validate Customer Information provided by you to Lunu, including without limitation checking
commercial databases, population registers or credit reports, or using other sources and
publicly available information.
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You hereby agree to provide accurate, current and complete Customer Information in relation
to your identity and other matters in connection with your registration for Lunu Services.
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Use by Lunu of Customer Information
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Subject to the applicable laws, regulations, rules, directions, orders and requirements and
the Policies (including the Privacy Policy), Lunu shall be entitled to request, retrieve and
collect, and you hereby affirmatively agree, consent to and authorise the collection,
retrieval, use and disclosure by and on behalf of Lunu of any and all Customer Information,
in the manner and for the purposes set out in the Policies and the following purposes:
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carrying out identification checks, due diligence and other checks, screenings and
verifications (including for purposes of completing any anti-fraud, know-your-client,
CFT and AML procedures implemented by Lunu);
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investigating fraud, misconduct, any unlawful action or omission, whether relating to
your claims or any other matter relating to your relationship with Lunu, and whether or
not there is any suspicious of the aforementioned;
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for meeting legal, regulatory and other compliance requirements (including disclosure to
all government agencies and authorities, regulators, exchanges, clearing houses, markets
or depositories); and
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providing you with information about your transactions, updating you about our services,
for example, scheduled maintenance times or security alerts, maintaining safety and
security of our services, and other purposes as set out in these Terms and our Policies.
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Use of Lunu Services and Transaction Execution
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When you instruct Lunu to process and complete a transaction, you agree and accept that you
authorise Lunu to execute such transaction immediately (unless otherwise stated) in
accordance with your instructions and charge you any applicable fees associated therewith.
You represent and warrant that any Customer Information you provide to Lunu in connection
with each transaction, is accurate and complete.
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You further agree and accept that any duly authorised instruction by you to Lunu to process
and complete a transaction cannot be reversed, changed, withdrawn or cancelled, unless such
reversal, change, withdrawal or cancellation is practicable and specifically permitted by
the applicable laws, regulations, rules, directions, orders and requirements.
Lunu may, without being obliged to do so, refuse to execute a payment instruction:
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if the payment instruction contains any factual error, in particular, incomplete or
imprecise transactional details;
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if you have breached any of your obligations towards Lunu under these Terms or any
other agreement entered into between you and Lunu;
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if the payment instruction cannot be executed in full;
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if Lunu is legally or contractually obliged to block transactions;
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if Lunu suspects that the security of Service is compromised, e.g. because of a
problem or technical failure or because of hacking attacks;
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if Lunu suspects fraud (for example where it has identified suspicious
transaction(s)) or has received a notification that an incident has occurred);
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if Lunu believes that the execution of the payment transaction would be contrary to
any national or foreign laws, regulations or decisions of authorities or would
expose Lunu to liability risks.
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Lunu may, at any time and to the maximum permitted by the applicable laws, regulations,
rules, directions, orders and requirements, pause, refuse to process or complete any Lunu
transaction initiated by you, impose limits on the value of such transaction or impose any
other conditions or restrictions on your access to and use of the Lunu Services.
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It is your sole responsibility to confirm the list of virtual currencies, cryptographic
tokens and/or other digital assets which are Accepted Assets. Any virtual currencies,
cryptographic tokens and/or other digital assets other than the Accepted Assets (the
“Unsupported Assets”) which are sent from your address may be lost, destroyed or not
returned to you. While you may request for Lunu’s assistance to retrieve any such
Unsupported Assets which are sent to an address associated with your Account, Lunu is under
no obligation to provide such assistance. Additionally, there may be fees payable by and
chargeable to you if Lunu provides any such assistance to retrieve the Unsupported Assets
for return to you.
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In the event of any airdrop, fork, hack, mining attack (including but not limited to
double-spend attacks, majority mining power attacks and “selfish-mining” attacks),
cyber-attack, distributed denials of service, error, vulnerability, defect, flaw in
programming or source code or any other occurrence resulting in a change in the structure or
source code of any blockchain, any determination of whether or not to take any corrective
action or measure and the type of corrective action or measure shall be made at the sole and
absolute discretion of the Lunu. Lunu does not bear any liability in the event that you or a
third party incurs any losses as a result of any airdrop, fork, hack, mining attack
(including but not limited to double-spend attacks, majority mining power attacks and
“selfish-mining” attacks), cyber-attack, distributed denials of service, error,
vulnerability, defect, flaw in programming or source code or any other occurrence resulting
in a change in the structure or source code of any blockchain, or lack of corrective actions
or measures taken by Lunu or if Lunu decides to cease its support of Accepted Assets.
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To the maximum extent permitted by all applicable laws, regulations, rules, directions,
orders and requirements, Lunu shall be entitled, at any time in its sole and absolute
discretion, to determine the types of services offered to you.
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Price Guarantee
Lunu guarantees the price for the Customer to make the payment up to 5 minutes in the Lunu
widget/ Lunu Pay Terminal. Lunu cannot guarantee the price for the transaction made outside this
designated 5 minute window, and any transactions made outside the window may be
returned/declined in accordance with the Retailer. Lunu has built the system to recognize
payments that are at risk of never receiving a block confirmation, in these cases Lunu marks
transactions as unconfirmed payments and rejects them.
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Customer Fees
The Lunu Fee for Customers (if applicable) is up to 1% (e.g. in high-risk industries).
For transactions using Binance Pay, a fee of 0.3% will be levied on the Customer.
Network Cost:
Lunu includes network costs in the invoice amount to accept cryptocurrencies from customers.
Network costs are non-refundable when a refund is processed for the same order.
Miner Fees.
Cryptocurrency transactions may require a miner fee. These miner fees are automatically created
by the customer's wallet and sent to the miner. These miner fees are not Lunu fees. Miner fees
paid to the network will not be refunded if a refund is executed. Lunu reserves the right to
change our fee structure and pricing.
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Lunu Refunds
1. Payment Exception
In certain situations, if a purchase order/invoice is not paid in full or is overpaid, this will
result in a payment exception and an incomplete purchase order. Customers can resolve these
exceptions either in the Lunu Pay Widget or on the Lunu contact page
https://support.lunu.io/contact-us.
Customers can also contact the Retailer and request a refund. Lunu charges miner fees and
Service Fees for refunding a payment.
If the customer requests a refund for a Payment Exception, the miner fees and an amount equal to
5 EUR (except for the applicable VAT (21%)) will be deducted from the refunded amount. This 5
EUR fee is levied on Customers. Refunds will only be made in the original format currency of the
transaction (e.g. if the invoice was paid in BTC, the refund will be in BTC only).
The refund shall be processed within 30 days after the transaction.
2. Expired Payment
Expired Payments occurs when a transaction is received outside the time window of specified 5
minutes in the Lunu Pay Widget and terminal. All payments sent to the expired address will show up
in Lunu's system as an expired payment. Customers can request refunds for the expired payments
either in the Lunu Pay Widget or on the Lunu contact page https://support.lunu.io/contact-us.
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miner fees and an amount equal to 5 EUR (except for the applicable VAT (21%)) will be deducted
from the refund amount. This 5 EUR fee is levied on Customers.
3. Unsupported Payments
For an overview of currently supported wallets and cryptocurrencies, please visit
https://lunu.io/supported-wallets.
Currently, Lunu does not support any other cryptocurrencies
or wallets unless specifically stated on our website. Any payment made with unsupported wallets,
exchanges, cryptocurrencies will be marked as "Unsupported Payments" and the transaction amount
will be refunded to the customer after deducting the miner fees.
4. Disclosure of the Retailer Refund Policy
Lunu is not responsible for the retailer's refund policy. However, we recommend that Retailers
have a clear refund policy for their customers (including, if applicable, "no refunds are
allowed as all sales are final"). For certain industries, a refund policy may not be applicable
(e.g., when a service is provided). If refunds are allowed, Lunu can only refund the amount in
cryptocurrencies.
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Reversion of transactions
Lunu can revert the transaction on its sole discretion.
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KYC, AML Obligations
Lunu complies with anti-money laundering and know your customer (“KYC”) requirements applicable
in the jurisdictions in which the service is provided, including but not limited to the customer
due diligence requirements set out in the EU Fifth Anti-Money Laundering Directive (2015/849/EU)
as such Directive has been implemented into the laws of the UK and each EU Member State. Lunu
represents and warrants to the Retailer that it shall at all times comply with all applicable
anti-money laundering and know your customer requirements in each jurisdiction in which the
service is provided, including performing all necessary customer due diligence, as required by
applicable law.
In accordance with Lithuanian AML Laws, Lunu shall ask Customers to provide KYC documentation,
through a special partner service, which may include:
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Customer identification and verification: Identity verification (e.g., name, address date of
birth, driver’s license or other identifying documents and information that would allow Lunu
to identify Customers), Residential address, liveness verification, biometrics, source of
funds and/or wealth, PEP & Sanctions screening, International Watchlist screening, Risk
assessment.
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Due diligence verification of the customer: Lunu will provide the sample due diligence form
that Lunu will recommend for approval by high value customers.
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Ongoing monitoring: Lunu will conduct as part of the ID verification.
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Audits — Retailers are responsible for audit compliance in the local jurisdiction. Lunu is
responsible before the Lithuanian Financial Crime Investigation Service (FCIS).
Further, Lunu monitors transactions. Transactions from suspicious crypto addresses or sanctions
lists may not be accepted. Transactions that fail verification are subject to return to the
sender's cryptocurrency address or another cryptocurrency address specified by the client,
excluding network fees, unless prohibited by applicable law.
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Taxes
You are solely responsible for determining all taxes that are imposed, incurred or required to
be imposed, paid or withheld for any reason ("Taxes") in connection with your use of our
Software and Services. You are also solely responsible for collecting, withholding, reporting
and remitting correct Taxes to the appropriate taxing authority. We are not required to, nor
will we, determine whether any Taxes are due, or calculate, collect, report or remit to any
taxing authority any Taxes arising from any Transaction.
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Complaints
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If you would like to make a complaint, or contact us for any other reason connected to these
terms and conditions please write to the Lunu Customer Support team via support@lunu.io.
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Lunu will send an acknowledgment letter or email or text to inform you upon receipt of your
complaint within 2 business days.
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Lunu will try to resolve any complaints you have about the Lunu Services within 15 business
days of receiving your complaint and in exceptional circumstances, within 35 business days
(and Lunu will let you know if this is the case).
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General Rights of Lunu
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You hereby agree and accept that Lunu’s records of all transactions, Customer Information
and any other matter in relation to these Terms or your use of Lunu Services (including any
communications transmitted electronically or telecommunications between Lunu and you) are
final and conclusive and binding for all purposes, in the absence of manifest error.
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Without prejudice to any of Lunu’s other rights and remedies (whether under these Terms, at
law, in equity or otherwise), Lunu is required to act in accordance with any and all
applicable laws, regulations and rules and directions, orders and of any applicable
regulatory authority and/or law enforcement body relating to anti-fraud, anti-terrorism,
CFT, AML and the provision of financial and other services to any persons or entities
requirements, and may be subject to sanctions in relation thereto. Lunu shall be entitled to
take any action which may be required by any applicable regulatory authority and/or law
enforcement body or which it, in its sole and absolute discretion, considers appropriate to
take in order to comply with such laws, directions, orders and requirements.
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Disclaimers, indemnity and liability
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Subject to the applicable laws, regulations, rules, directions, orders and requirements and
the Policies, Lunu shall not in any event be liable in any way to you or any person for any
loss, liability, damages or expense, howsoever arising from or in connection with:
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any transaction initiated by you using the Lunu Services;
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any transfer of any Unsupported Assets by you;
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any malfunction, defect or error in any terminal used to process the transaction or
systems of authorisation belonging to or operated by Lunu or the inability of any
terminal, machine or system to accurately, properly or promptly transmit, process or
store any data;
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any failure, malfunction or breakdown of, or disruption to, the operation of the Lunu
Services, the relevant blockchain(s), blockchain-based software system(s) or any source
code(s) with which the Accepted Asset(s) are associated or any part of the Lunu
Services, due to occurrences of forks, hacks, mining attacks (including but not limited
to double-spend attacks, majority mining power attacks and “selfish-mining” attacks),
cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws
in programming or source code or otherwise, regardless of when such failure,
malfunction, breakdown, or disruption occurs;
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any delay or inability on Lunu’s part to perform any of its obligations under these
Terms because of any electronic, mechanical system, data processing or telecommunication
defect or failure, act of God, terrorism, civil disturbance or any event outside of
Lunu’s reasonable control or the reasonable control of any of Lunu’s servants, agents or
contractors; and
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your failure, in any manner, to follow the instructions delivered to you in the Widget
or Terminal;
and you hereby waive claim you may now or in the future have against Lunu for the same. You
shall fully and effectively indemnify, defend and hold harmless the Indemnified Parties from and
against, any and all losses arising directly or indirectly from or in connection with any or all
of the foregoing matters.
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Lunu makes no warranty or representation as to the quality, value, merchantability or
fitness for purpose of any goods and/or services purchased via the Terminal or Widget and
assumes no liability or responsibility for the acts or omissions of Retailers. Any dispute
about the value, condition or performance of any of such goods/services is to be resolved
directly with the relevant Retailers.
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To the maximum extent permitted by all applicable laws, regulations, rules, directions,
orders and requirements, you shall indemnify and keep the Indemnified Parties fully
indemnified against all losses (including legal costs on an indemnity basis) incurred,
suffered or sustained by the Indemnified Parties, directly or indirectly, by reason of or in
connection with these Terms, including but not limited to:
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breach of any provision of these Terms on your part;
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the enforcement or protection of the Indemnified Parties’ rights and remedies against
you under these Terms, or in obtaining or seeking to obtain payment of all or any part
of the monies hereby agreed to be paid by you;
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applicable laws, regulations, rules, directions, orders and requirements which may have
an effect on these Terms.
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This Paragraph shall survive any expiry, termination or other cessation of your relationship
with Lunu.
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Force Majeure
Lunu shall not be liable to you or be deemed to be in breach of any provision of these Terms by
reason of any delay in performing, or any failure to perform, any of its obligations if the
delay or failure was due to any Force Majeure Event.
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Inconsistency with any applicable laws, regulations or rules
In the event that any provision in these Terms results in any direct or indirect non-compliance
by Lunu with any provision in any applicable law, regulation, rule, direction, order and
requirement in any jurisdiction, you acknowledge and agree that:
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such provision in these Terms shall be null and void to the extent of such non-compliance by
Lunu; and
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Lunu shall be entitled to take such action as may be required for compliance by Lunu, or
omit to take such action as may result in continued or future non-compliance by Lunu, with
such provision in the applicable law, regulation, rule, direction, order or requirement.
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No waiver
No failure to exercise or enforce, and no delay on the part of Lunu in exercising or enforcing
its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay
in any way prejudice or affect the rights of Lunu at any time.
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Intellectual Property Rights
These Terms shall not entitle you to any intellectual property rights, including the rights in
relation to the use, for any purpose, of any information, image, user interface, logos,
trademarks, trade names, Internet domain names or copyright in connection with any part of these
Terms, the Policies, the Lunu Website or the Lunu Services.
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Severability
If any of these Terms is rendered void, illegal or unenforceable by any legislation to which it
is subject, it shall be rendered void, illegal or unenforceable to that extent and no further
and, for the avoidance of doubt, the rest of these Terms shall continue to be valid and in full
force and effect.
The illegality, invalidity or unenforceability of any provision of these Terms under the law of
any jurisdiction shall not affect its legality, validity or enforceability under the law of any
other jurisdiction nor the legality, validity or enforceability of any other provision.
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Applicable Law and Jurisdiction
These Terms shall be subject to and construed in accordance with the laws of Lithuania and you
hereby submit to the non-exclusive jurisdiction of the courts of Lithuania.