SCHEDULE III
ACCEPTABLE USE POLICY
Capitalized terms used in this Acceptable Use Policy (“Policy”) shall have the meanings given to them in this Policy or in the Agreement and its Schedules as the context requires.
GENERAL
a. The Provider requires the Client to use the Platform and Services in accordance with all Applicable Laws and regulations within reasonable expectations.
b. The Client shall not use the Platform or Services for any purposes which are not authorised by FlexBiz. In particular, the Client may not use the Platform or Services for the harvesting or extraction of any data. Where the Provider is aware of any misuse of Services by the Client or the Client’s Authorised User, the Provider reserves the right to terminate or suspend provision of Services to the Client immediately without any prior notice. In such instances, The Provider shall not be liable for any loss suffered by the Client as a result of such termination or suspension.
c. Where the Client or the Client’s Authorised User has misused the Platform or Services and caused loss and/or damage, the Client agrees and undertakes to fully indemnify FlexBiz, its Affiliates, Service Providers, agents and sub-contractors for such loss and damage suffered and shall pay such monies to FlexBiz upon demand.
ONLY FOR LAWFUL USE
a. The Client may not use the Platform Services:
i. in any way that breaches any applicable local, national, or international law or regulation, or causes any member of the Provider Group or any of their respective affiliates, agents or subcontractors to breach any applicable law or regulation of the Territory;
ii. to instruct FlexBiz to send or receive unlawful or fraudulent funds or criminal proceeds on the Client’s behalf;
iii. to carry out any activities for which the Client or FlexBiz are not duly licensed to the extent required under any Applicable Law or regulation, or to carry out any activity would necessitate FlexBiz to obtain any license or regulatory consent;
iv. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
v. for the purpose of harming or attempting to harm minors in any way, or for the purpose of promoting of hate, violence, racial or other forms of intolerance that is discriminatory;
vi. in any way that infringes or violates any copyright, trademark, right of publicity or privacy or any other proprietary right of FlexBiz or any other party under the laws of any jurisdiction;
vii. for any unsolicited or unauthorised advertising, promotional material, chain letters, door-to-door sales, or any other form of spam;
viii. to deal in harmful programs such as viruses, spyware, or similar computer code designed to adversely affect the operation of any computer software or hardware;
ix. in any way that would locally or internationally evade any applicable taxes or facilitate tax evasion;
x. to support pyramid or Ponzi schemes, matrix programs, other multi-level marketing programs or schemes of similar description;
xi. to offer or receive payments for the purpose of or in connection with bribery, money laundering, terrorist activities or corruption;
xii. to support or trade counterfeit or unauthorised goods; and/or
xiii. to deal with any business associated with disallowed countries as per FlexBiz’s internal policy, including but not limited to High-Risk countries updated from time to time by The Financial Action Task Force (FATF) (“Prohibited Countries”):
b. The Client must ensure that the Client only enters into transactions relating to the supply goods or services in compliance with all Applicable Laws and regulations in the Territory. The fact that a person or entity accepts payments via the Platform is not an indication of the legality of the supply or provision of services.
3. ONLY FOR THE CLIENT’S OWN BUSINESS ACTIVITIES
a. The Client shall use the Platform and the Services only for the Client’s own business activities. The Client may not use the Platform to effect any transfers or transactions for or on behalf of another party.
b. The Client may not use the Platform or Service for any personal or non-business related activities.
4. ONLY FOR SUPPORTED BUSINESS ACTIVITIES
a. The Client may not use the Platform or any Electronic Services for, in connection with, or to deal in any activity, business, goods or services listed below. While this list is representative, it is not exhaustive and FlexBiz reserves its right to deny its Services to any Client who exceeds its risk tolerance.
b. Illegal or regulated activities:
i. Drug paraphernalia, narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety.
ii. Gambling and games of chance where participants can win cash, cash equivalents, or prizes of material value, including lotteries and sweepstakes.
iii. Resale and trade of digital game codes, vouchers and gift cards.
iv. Peer-to-peer (P2P) lending or trading, and any form of financial transaction between individuals or businesses without a licensed intermediary.
v. Weapons, ammunition, firearms, certain firearm parts or accessories, knives regulated under applicable law.
c. Other activities:
i. Products or services related to political campaigning, social campaigning, governmental activities such as embassies
ii. Pseudo pharmaceuticals marketed via-unsubstantiated and/or unlawful health or medical claims and services associated with pseudo-science (e.g., clairvoyance, horoscopes, fortune telling, etc.)
iii. Adult entertainment content and services, including escort agencies, sexual services, adult websites and content
iv. Atomic power related services
v. Shell companies
vi. Correspondent banks
vii. Manufacturing, wholesale trade or speculative trading in oil & gas
viii. Debt collection, recovery, and settlement services
ix. Tobacco & (e)Cigarettes
x. Recovery and collection past due receivables, credit repair/restoration, card protection (including identity theft protection), debt consolidation and mortgage reduction/consulting services
xi. Mining and oil companies owning extraction/mining licenses
xii. Any business that supports or trades counterfeit or unauthorised goods
xiii. Any business registered in Prohibited Countries
xiv. Crowdfunding platforms
xv. Any form of nested transactions or activities
5. BUSINESS ACTIVITIES WITH RESTRICTED ACCESS
a. FlexBiz reserves the right to limit the availability and extent of the Services if the Client’s business activities fall within the categories listed below. While this list is representative, it is not exhaustive, and the Provider reserves its right to limit or deny the Services to any Client who the Provider deems outside of our risk tolerance.
b. Financial services activities:
i. Investment and money management related activities, including Financial Institutions
ii. Audit and financial consulting services
iii. Trading of commodities, metals and precious stones
iv. Cryptocurrency services
v. Auctions and bidding fee auctions (also known as penny auctions)
Other activities:
i. Prescription medicines and pharmaceuticals, and dietary supplements
ii. Products or services with potential military applications
iii. Unregistered foreign companies
iv. Charities & fundraisers
v. Organisations without beneficial owners such as companies limited by guarantee
RESTRICTED PERSONS
The Client shall notify FlexBiz immediately if the Client, the Client’s directors, shareholders, any controlling persons and/or Authorised Users fall within the categories listed below. FlexBiz reserves the right to limit the availability and extent of Services if the Client, the Client’s directors, shareholders, any controlling persons and/or the Client’s Authorised Users fall within any of the categories listed below. While this list is representative, it is not exhaustive, and The Provider reserve our right to limit or deny our services (including cross-border services) to any Customer who FlexBiz deems outside of our risk tolerance.
a.Persons with material criminal or civil charges or convictions
b. Persons with ongoing law enforcement investigations
c. Persons residing in, doing business with or in, or travelling to Prohibited Countries