Payment Aggregators Policy

Under credit card association rules, KushCash cannot permit the use of the KushCash service as a funding method for payment processors to collect payments on behalf of merchants.

Alcoholic Beverages Policy

The sale of alcoholic beverages is highly regulated and taxed within the United States. In many states, for example, sellers of alcoholic beverages must be licensed, and in all states they must take steps to ensure that they do not sell their products to minors.

You may use KushCash to buy and sell alcoholic beverages provided you follow all legal restrictions and guidelines in your state or country of residence and abide by the below KushCash policies.

Selling in the U.S. - KushCash members may use KushCash as a payment solutions for alcoholic beverages provided they have obtained all licenses required in their state, comply with all legal restrictions and guidelines in both the seller’s and the buyer’s jurisdiction, have programs in place for age verification.

Buying in the U.S. - Any KushCash members who are not legally allowed to purchase alcoholic beverages online (either because of restrictions on age or restrictions on the sale and transportation of alcoholic beverages within their state of residence) may not use KushCash to purchase alcoholic beverages.

Animal and Wildlife Products Policy

The following rules govern all sales of animals and wildlife products using KushCash. If you have a question about migratory birds, endangered species or other animals or animal products please contact the U.S. Fish & Wildlife Service Law Enforcement Office, your state wildlife regulatory agency, or refer to extensive information on this topic available at Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Stuffed Migratory Birds
You may not use KushCash to sell stuffed migratory birds in any form. This includes migratory birds that can be lawfully hunted including all ducks, geese, hawks, owls, crows, and ravens.

 

Animal Pelts and Skins
In general, animal pelts and skins from non-endangered species, such as non-protected species of zebras or coyotes, may be sold if not in violation of specific state laws of either the buyer or seller. Animal parts, including pelts and skins, from endangered species, bears and mountain lions may not be sold using KushCash. Endangered and Protected Species you may not use KushCash to sell any part or product of endangered or protected species.

Bear Products
You may not use KushCash to sell any part or product of bears including bear teeth, claws, and rugs.

Mountain lions
You may not use KushCash to sell any part or product of mountain lions.

Marine Mammals
You may not use KushCash to sell marine mammal products, including but not limited to polar bear, sea otter, baleen and ivory whales, porpoise, dolphins, and seals, unless the animal part has been first transformed into an authentic Alaskan Native article of handicraft or clothing. The export/import of marine mammals typically requires CITES as well as other state and/or federal permits. You should contact the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service before importing or exporting marine mammal products.

Internal organs of animals
You may not use KushCash to sell the internal organs of any animal.

You may not use KushCash to sell any item made from genuine tortoise shell or other turtle parts or products.
Special notice to sellers doing business in California:  If you reside in California and you sell items made from the parts of non-protected species, including elephants, zebras, alligators and crocodiles, review California Penal Code 653o, and ensure that your sales comply with that law.

All importers and exporters of wildlife must file a completed Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177) with the USFWS.

Charities and Non-Profit Organizations Policy

To ensure compliance with applicable laws, all charities and non-profit organizations that utilize KushCash to accept donations must be able to provide proof of tax exempt status or registration with applicable country specific regulatory bodies and takes certain due diligence measures to assure the legitimacy of the organization.

Counterfeit Items Policy

You may not use KushCash to sell counterfeits, unauthorized replicas, or otherwise unauthorized items (such as counterfeit watches, handbags, or other accessories).

Dealers in Jewels, Precious Metals and Precious Stones

To ensure compliance with state, federal and international laws, all dealers in precious metals, precious stones or jewels that utilize KushCash to accept payment and also meet US federal thresholds are required to receive authorization from KushCash before conducting such transactions. To determine if your business meets the definitional threshold of a dealer, please consult www.fincen.gov.

KushCash requires proof of registration with applicable country specific regulatory bodies, proof of internal Anti-Money laundering policies and procedures, and evidence of other controls. We also take certain due diligence measures to assure the legitimacy of the organization. If your business requires KushCash approval to operate as a dealer, please contact compliance@mobileswt.com.

Embargoed Goods Policy

Various U.S. agencies have sanctions in place that substantially regulate or ban all trade with particular countries, including Cuba, Iran, Iraq, Libya, North Korea, and other countries. For example, under U.S. law, selling items made in Cuba may not be lawful, depending on the nature of the item, when it was manufactured, and when it left Cuba, among other factors. Non-U.S. sellers, and sellers of items made outside the United States should periodically review current information about which countries may be affected by sanctions enforced by the Office of Foreign Assets Control of the U.S. Department of the Treasury.

 

This KushCash policy is only a general guideline. Please visit the U.S. Department of Treasury Office of Foreign Assets Control - for more details about laws governing such trades and copies of the actual governing laws.

Prohibited Persons -Federal agencies have also banned or regulated trade between U.S. persons with certain organizations, businesses, and persons. For additional information about these regulations and lists of these prohibited persons visit the Office of Foreign Assets Control.

Illegal Activities Policy

You may not use KushCash in the purchase or sale of items or access to items that encourage, promote, facilitate or instruct others to engage in illegal activity.

Financial Services Policy

You may not use KushCash as a payment processor for the following types of services:

• Annuities or Lottery Contract Purchaser
• Lay Away Systems
• Off-shore Banking - Facilitating or establishing shell companies or bank accounts for customers in locations outside his or her country of origin
• Debt Financing with Credit Cards - Any person, group or entity that uses KushCash as a payment processor for the following types of services cannot accept payments funded by a credit card:
• Cash Advance Services
• Debt Collectors
• Mortgage Lenders or Brokers that accept mortgage payments
• Paycheck Advance Services
• Under credit card association rules, KushCash cannot permit the use of credit cards as a mechanism to finance or refinance debt.
• Escrow Services -Any person, group or entity that seeks to use KushCash as a payment processor for escrow services must receive authorization from KushCash before conducting such business.

 

KushCash requires pre-approval to ensure the safety of KushCash users and compliance with the regulatory and licensing requirements that apply to this Industry. If you or your business requires approval, or if you have questions whether your financial service poses an acceptable business model, please send your contact information and a brief business summary to compliance@KushCash.com.

Firearms, Weapons, and Knives Policy

 

Firearms
You may not use KushCash in the purchase or sale of any firearm. This includes all rifles, shotguns, and handguns, whether for use in sporting, as collectibles, or curio and relic (C&R) firearms, and regardless of their present working order. Furthermore, KushCash defines "firearm" consistent with the U.S. Code and, as such, prohibits frames, receivers, or any other serialized firearm components. For more information, please refer to U.S. Code Title 18, Section 921

 

Firearm Parts and Accessories
You may not use KushCash to purchase or sell any firearm receivers or frames, components and parts of receivers and frames, or "cut" or "80%" receivers. KushCash also does not permit assault weapon-related parts and accessories, firearm silencers, and kits designed to convert a firearm to have automatic firing capability. This includes the sale of any parts or accessories prohibited for sale by the National Firearms Act or other federal or state law, including items related to short-barreled shotguns or short-barreled rifles, fully automatic weapons, large-capacity magazines, multi-burst trigger activators and camouflaging firearm containers.

For more information about the National Firearms Act (NFA) and its requirements, please refer to the Bureau of Alcohol, Tobacco, and Firearms website.

 

Ammunition
You may not use KushCash to buy or sell high-capacity magazines (those which hold more than 10 rounds), ammunition with propellant (e.g., gunpowder), or blank ammunition. The term "ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.

Destructive Devices
You may not use KushCash in the purchase or sale of any explosive, incendiary, or poison gas bomb, grenade, grenade launcher attachment, rocket, missile, mine or similar device. Examples: Molotov cocktails, anti-tank guns (over caliber .50), bazookas, and mortars.

Militaria and Ordnance
KushCash prohibits the use of its services in the purchase or sale of equipment or supplies issued to and formerly used by United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies. Sales of such items may constitute violations of federal law.

Furthermore, you may not use KushCash in conjunction with the sale of ordnance (military weaponry, ammunition, and related parts) unless you can provide official documentation from the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF) stating that the item is unserviceable or demilitarized. Contact your local ATF office for more details on obtaining such documentation.

Weapons
You may not use KushCash in the sale of certain hand weapons that are illegal according to federal or state laws including: nunchaku; brass or other metal knuckles; leaded canes/staffs/crutches/sticks; zip guns; shurikens/ throwing stars; hand grenades or metal replica hand grenades; and billyclubs/batons, sandclubs, sandbags, or slingshots (also known as saps or blackjacks). For any other hand weapons, sellers must make certain that the weapon is legal in all states in which it will be available for purchase.
In addition, as no one under the age of 18 is permitted to use the KushCash service, regardless of the jurisdiction, under no circumstances shall the use of KushCash be permitted by persons under the age of 18.

Gambling Policy

You may not use KushCash to send or receive payments for any form of gambling activities, including but not limited to payment for wagers, gambling debts or gambling winnings, whether conducted online, in person or through any other means of communication. Gambling includes placing, accepting, recording, or registering bets, or otherwise carrying on a game of chance for money, property, or other thing of value. This prohibition includes all gambling operations, even if and where such activities do not constitute unlawful conduct.

Prohibited gambling activities include, but are not limited to:

 

Casino Games, virtual or physical, including:

• Baccarat
• Blackjack
• Craps
• Faro
• Keno
• Pachinko
• Pai Gow
• Poker (whether or not it is considered a game of skill in the gambler’s jurisdiction)
• Roulette
• Sic Bo
• Slot machines
• Wheel of Fortune

Sports Books or Sports Betting,
including the placing of bets on actual sporting events against a book-maker or through a betting exchange.

 

Horse or Greyhound Racing, including:

• Simple betting (betting between individuals).
• Sweepstakes betting, where large entry fees, or stakes, are pooled and awarded to winners.
• Book-making betting, in which speculators offer odds against each horse and accept bets against their predictions.
• Pari-mutuel betting, where betting odds on a given horse or dog are derived from a comparison between the total amount wagered on the animal and the total wagered on all the animals in the race.
• Off Track Betting (“OTB”), where players bet on a race taking place in a location outside of where the bettor is situated, “simulcasting.”
• Person-to-Person Betting, including individual wagering and wagering through betting exchanges.

 Related Ventures, such as:

• Gambling services, such as handicapping, or providing gambling tips or instructions.
• Intermediaries facilitating the process of placing bets or securing offshore gambling licenses.
• Organized forums that facilitate person-to-person betting.

Illegal Drugs & Paraphernalia Policy

Narcotics, steroids, and other controlled substances
You may not use KushCash in the purchase or sale of any drug or other substance, or immediate precursor, included in Schedule I of the Uniform Controlled Substances Act, 21 U.S.C. 801 et seq. or related paraphernalia. The U.S. Attorney General has found that Schedule I drugs have a high potential for abuse, no currently accepted medical use in treatment, and lack accepted safety for use. These substances are illegal to manufacture, distribute, or possess. Additionally, although the sale of such may be legal in certain jurisdictions or circumstances, due to safety concerns, KushCash also prohibits the sale of GHB (gamma hydroxyl butyrate), Rohypnol, and anabolic steroids.

Drug Paraphernalia
You may not use KushCash to sell drug paraphernalia, as defined in 21 U.S.C. 863. Such paraphernalia includes equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

Additional Information
The Drug Enforcement Administration's website contains information about the regulation of controlled substances and also provides drug prevention resources. Please visit www.dea.gov to learn more about these issues.

Lottery Tickets Policy

You may not use KushCash to buy or sell tickets, vouchers, or any other "opportunity" to participate in a lottery or any other game of chance, whether privately-run or administered by a state. This includes, but is not limited to, raffles, drawings, sweepstakes, pools, or any other form of game/contest involving the distribution of prizes or monetary compensation.

Mature Audiences Policy

Digital Goods
KushCash prohibits transactions for all sexually oriented digital goods. Digital goods include downloaded pictures or videos, subscriptions to websites, or other content delivered through a digital medium.

Other Prohibited Goods and Services
Notwithstanding the requirements and factors described above, KushCash prohibits transactions for the following goods or services:

• Any sexually oriented goods or services involving minors, or made to appear to involve minors.
• Any services for which the purpose is to facilitate meetings for sexually oriented activities.

Multi-level Marketing, Pyramid and Matrix Programs

You may not use KushCash to send or receive payments for any form of illegal multi-level marketing programs (including online payment randomizers), as well as matrix, pyramid and Ponzi schemes, "get rich quick" schemes, “Autosurf” programs, High Yield Investment Programs (HYIP), or other similar ventures.

Multi-Level Marketing
Multi-level marketing plans, also known as "network" or "matrix" marketing, include any business in which a person receives proceeds from his or her own sales of goods or services, of recruited members, or any combination thereof. Similarly, KushCash prohibits as a Multi-Level Marketing plan any business in which payouts occur at two or more levels (both by the individual who actually sold the product as well as by the person(s) "upline" that recruited the selling individual). KushCash prohibits Multi-level Marketing plans that are illegal under the laws of one or more states.

Pyramid and Ponzi Schemes
Pyramid schemes, including Gifting Clubs, involve the exchange of money in relation to the process of enrolling other people into the scheme. KushCash includes in its definition of "pyramid schemes" any system in which a hierarchy is created by people joining under others who joined previously, and in which those who join make payments to those above them in the hierarchy ("upline"). Pyramid schemes are prohibited as a form of investment fraud by federal laws and by the laws of each of the fifty individual states. KushCash considers online payment randomizers to be a type of pyramid scheme because the majority of commissions are paid for recruitment of new members, and typically operate by random placement within the program.

Ponzi schemes involve a system in which existing members of a program receive payouts that are largely funded by new payments into the program. The source of these new payments into the program can either be from new members paying to join the program or from existing members contributing more money to the program.

Matrix Programs
KushCash prohibits as a "matrix program" any business model that involves the exchange of money primarily for the purpose of being added to a waiting list for a product. In these instances, the individual at the top of the list receives the product only after a set number of people have joined below him or her.

"Get Rich Quick" And Other Related Businesses
Get Rich Quick schemes include any type of self-employment, start-up businesses, or investment opportunity where the claims of profit or returns on investment are unrealistic or unsupported. By law, if a business opportunity costs $500.00 USD or more, the promoter is required to support any claims regarding earnings or profits with written documentation.

In determining whether a website or account violates our Multi-level Marketing, Pyramid and Matrix Programs Policy, KushCash will consider some or all of the following factors:

• Offering commissions to recruit new members
• Requiring new distributors to purchase costly inventory or "start-up kits"
• Members' profits are derived from recruiting new members or from the sales of newly-recruited members ("downline"), rather than their own sales
• Payouts are funded through money paid into the system by new or existing members
• Money paid into the system is significantly greater than money paid out
• Unrealistic or unsupported promises regarding profits/return on investment
• Percentage of the company’s goods sold by non-distributor
• Businesses warned against by the Better Business Bureau, state Attorney General, Federal Trade Commission (FTC), or any state or federal agency
• Flow of money derived from new members predominantly moves "upline"
• Preservation of the business rests on the exponential growth of new members or customers
• Speculative real estate or non-development property

Offensive Material Policy

You many not use KushCash in the purchase or sale of items or support of organizations that promote hate, violence, or racial intolerance. KushCash also prohibits a person convicted of a violent felony, or his or her relatives or associates, from using KushCash to benefit financially from the convicted criminal’s notoriety or crime.

In determining what goods or services are prohibited under the Offensive Material Policy, KushCash will consider some or all of the following factors:

• Promotion or glorification of hate, violence, or racial intolerance
• Graphic portrayal of violence or victims of violence
• History of user activity
• Financial exploitation of a crime

Unauthorized Copies

You may not use KushCash to sell unauthorized copies (pirated, duplicated, backup, bootleg and so forth) of software programs, video games, music albums, movies, television programs, or photographs.

Examples:
The following items may not be sold using KushCash:

• Pirated copies of video games
• "Backup" or "archival" copies of software programs
• 35mm and 70mm movie prints (reels)
• Pirated copies of music
• "Bootleg" recordings of live music performances
• "Home video" versions of a movie still in theaters