KodyPay’s Prohibited Use Policy is designed to provide Merchants and Partners with confidence in the Platform, and to ensure that the Platform remains a safe environment at all times. This policy is referenced as Schedule 5 to KodyPay’s Merchant Service Agreement.

1: Background

As part of our obligations to merchants, partners and end customers alike, KodyPay remains committed to ensuring that all Content made available on the platform is displayed in a manner which is legal, and in a way which cannot affect the reputation of KodyPay, Merchants, nor Partners.

2: Our commitment to you

To keep the KodyPay Platform safe and to enforce this Policy, Content uploaded to the KodyPay Platform is regularly, strictly monitored by members of KodyPay staff. This includes both an initial review of all Content uploaded by the Merchant prior to processing their first transaction on the KodyPay Platform, and periodic review of new Content added to the platform. The scope of Content monitoring includes any updates or amendments made to existing Content uploaded to the platform.

3: Your commitment to us

3.1: As a Merchant making use of the KodyPay Platform or KodyPay Platform Services, you are bound by your Agreement with us to uphold this policy.

3.2: All Merchant Obligations outlined within this policy must be adhered to in addition to all obligations outlined in ****your Merchant Service Agreement with KodyPay.

3.3: In your compliance with this policy, you must not perform any Prohibited Seller Activities described below, nor upload any Content which relates, directly or indirectly, to the Prohibited Items List also described below.

3.4: Failure to comply with this policy may result in halting fund dispersion, suspension or permanent revocation of your access to the KodyPay Platform. The scope of any enforcement measures which may be undertaken by KodyPay staff is outlined in your Merchant Service Agreement.

4: Prohibited Seller Activities

4.1: Advertisement or attempted redirection away from the platform

Attempts to advertise or redirect an End User away from the KodyPay Platform to an alternative website are strictly prohibited.

4.2: Inaccurate or misleading Store Name(s)

The Merchant’s Store Name must not contain the words “Kody” or “KodyPay”. It must be an accurate representation of the Merchant’s trading name, which the Merchant must have appropriate Intellectual Property Rights and/or trademarks to use.

4.3: Use of Personal Data

The use of any Personal Data in Content uploaded to the KodyPay Platform which is made visible to End Users is strictly prohibited.

4.4: Third-party intellectual property

All Content uploaded by the Merchant to the KodyPay Platform must not breach any pre-existing Intellectual Property Rights or trademark(s) owned by KodyPay or a third party. The Merchant must own or be lawfully licensed to use all Content uploaded.

4.5: Prohibited Items

Uploading Content relating directly or indirectly to items/services described in the Prohibited Items List below is strictly prohibited.

4.6: Bigotry/intolerance

Any content shown to display any form of bigotry, including but not limited to animosity, hostility, malice, intolerance or ridicule of any sect or group of people, or any symbol or object conventionally understood as bigoted.

4.7: Profanity

Any content containing profanities or any form of rude language is prohibited. This includes using alternative characters such as “#”, “!” or “?” to mask characters in such profanities.

4.8: Nudity/sexuality/innuendos

Uploading Content relating directly or indirectly to nudity or sexuality is strictly prohibited. This includes, but is not limited to depictions of: sexual acts, sexual expression, or genitalia. Additionally, use of any innuendos is prohibited.

4.9: Violence

Content relating to any kind of weapon, firearm, explosive (with the exception of fireworks) or strong violence is strictly prohibited.

4.10: Drug use

Content with reference to illegal drugs, or any type of drug use is strictly prohibited.

4.11: Gambling

Content must not contain any reference to gambling, nor related gambling activities.

4.12: Inaccurate or misleading item/service titles, images or descriptions

Content which is deliberately intended to be inaccurate, or to mislead an End User is prohibited. Content deemed by either of KodyPay staff or KodyPay’s third-party service providers to be misleading or inaccurate will be removed and sanctioned as appropriate.

5: Restricted Items List

The following services will require Kody's written authorisation prior to being onboarded to the platform:

• Alcohol sales
• Charities
• Health practitioners, private medical practices, e-doctors, dental/medical services and facilities
• Jewellery, watch, precious stones, metals and silverware stores
• Medical, dental, ophthalmic and hospital equipment and supplies
• Political, religious or Social Campaigning
• Ticket agencies
• Key-entry telecom merchant
• Veterinary practices

6: Prohibited Items List

The following items/services are prohibited from upload or sale via the KodyPay Platform:

6.1: Adult

• Adult goods
• Adult content, including but not limited to: Books, magazines, audio, videos, websites, streaming services and other content formats deemed offensive or of a sexual nature
• Adult entertainment, including but not limited to: Gentleman's clubs, topless bars, strip clubs, sexually oriented massage parlours, saunas, escort agencies, and any sexually-related services

6.2: Financial

• Bearer share entities
• Binary options
• Buy now pay later / Instalment payment methods
• Credit repair and credit protection business
• Debt repayment and collection agency
• E-wallet or e-money that can be monetized, re-sold or converted to physical and digital goods and services or otherwise exit the virtual world
• Financial service or money service business, including but not limited to: travellers’ cheques, money orders, Foreign Exchange, check cashing, virtual currencies, and cash advances by non-financial institutes
• Fines or penalty collections of any kind
• Independent or unlicensed financial advisors
• Insurance sales and services
• Money transfer & remittance businesses
• Payday loans, unsecured loans and loans originating from non FDIC insured banks
• Payroll, invoice & business services
• Provider or seller prepaid access/stored value
• Shell banks

6.3: Intellectual Property

• Counterfeit products, replicas or designed infringements of them including products designed to circumvent IP
• Products designed to circumvent copyright protection techniques or to otherwise facilitate the unlicensed use of copyrighted material

6.4: Marketing practices

• Business investment opportunities operating as ‘get rich quick schemes’
• Business models that use ransom- or extortion like practices
• Business practices that are designed to evade excessive chargeback monitoring programs
• Data Pass
• Deceptive marketing tactics related to disclosure, false or inaccurate claims, before/after claims, endorsements, cancellation or refunds avoidance, pre-checked opt-ins, poorly disclosed negative options, misappropriation of incentives, disproportionate rebates, sweepstakes
• Direct Marketing – Inbound teleservices, outbound telemarketing and travel-related arrangement services, Insurance services, catalogue merchants, door-to-door sales
• Fake references and other services or products that foster deception
• Inbound telemarketing for postcard or mailings
• Multi-level marketing
• Products or services that promote hate, violence, discrimination, terrorism, harassment or abuse in any shape or form
• Pyramid selling, chain letters or other financial scams
• Telemarketing companies selling products or services as an agent for a third party

6.5: Not-for-Profit

• Crowdfunding

6.6: Other

• Airlines
• Ancestry research
• Art dealers and galleries
• Auction houses
• Bail bonds and bankruptcy lawyers
• Bidding fee and penny auctions
• Casual dating services
• Cruise Lines
• Drop shipping
• Governmental services, such as embassies or consulates
• Hazardous materials, including but not limited to: Hydrofluoric acid, products containing cyanide, prohibited ozone-depleting substances (ODS), nitric acid, peptides, research chemicals, bacteria cultures, and other products containing E-coli/Escherichia coli
• Human body parts or bodily fluids (excluding hair and teeth)
• Intravenous therapy (e.g. IV drip bar, vitamin infusions, hang over cures)
• Mail order spouse or international match-making services
• Medical benefit packages
• Nutraceuticals, including, but not limited to CBD and Hemp seed related products
• Pawn shops
• Real estate services
• Rental services
• Services associated with pseudoscience (e.g. clairvoyance, horoscopes)
• Social media businesses
• Timeshare and timeshare maintenance
• Travel agents and tour operators

6.7: Regulated

• Any type of gambling services
• Drugs, and tools specifically intended for the production of drugs, drug paraphernalia, illegal drugs, substances designed to mimic illegal drugs and / or other psychoactive products
• Illegal products or services or any service providing peripheral support of illegal activities, including illegal gambling services
• Legal gambling or Game of Skill where participants receive cash or cash equivalents or prizes with/of material value: including but not limited to: Casinos, poker, bingo, slot machines, betting, lotteries, racing, fantasy sports
• Products or services specifically offered or intended to be used to create, produce or grow drugs or drug ingredients
• Pharmaceuticals, prescription medicine and medical devices (including animal pharmaceuticals)
• Tobacco, smoking supplies, e-cigarettes, e-liquids, vaping liquid, vaping accessories
• Trade of fireworks, flammable or radioactive materials
• Trade of weapons, ammunitions, military arms, explosive devices and firearm parts

6.8: Securities & Trading

• Cryptocurrency exchange
• High-risk securities such as: Contract for difference (CFD), financial spread betting, initial coin offering (ICO), forex currency options, cryptocurrency options or trading and purchases

6.9: Third party Payment Processing

• Aggregators, including but not limited to marketplaces, platforms
• Staged Digital Wallet Operators
• Payment Facilitators or other internet payment or member service providers (IPSP or MPS)
• Payment service companies, including but not limited to peer-to-peer, bill payments, commissary accounts

6.10: Technology

• Cloud storage, VPN, file sharing, (high-risk) cyber lockers
• Decryption and descrambler products and services, devices designed to block, jam or interfere with cellular and personal communications
• Internet product and service providers
• Live-streaming Services

7: Additional Definitions

“Content” means all software, websites, data, text, images, audio, video, photographs and other content and material, in any format, that is uploaded to the KodyPay Platform by the Merchant.

“Store Name” means any title or description used to represent to the Merchant’s trading name within the KodyPay Platform. This includes, but is not limited to, the title at the top of the Merchant’s menu screen accessed by End Users looking to make a purchase using the KodyPay Platform.