1Introduction
This Acceptable Use Policy (“AUP”) sets out the businesses, activities, and conduct that are permitted and prohibited on the Flamingo Pay platform operated by Flamingo Pay (Pty) Ltd (“Flamingo”, “we”, “us”, “our”). It is a binding condition of accessing or using our platform and forms part of, and must be read together with, our Merchant Terms of Service, Privacy Policy, and Risk Management & Compliance Programme.
This AUP exists to keep our platform safe, lawful, and trusted — for our merchants, their customers, our banking and payment partners, and the wider financial system. It reflects our obligations under South African law, including the Financial Intelligence Centre Act 38 of 2001 (“FICA”), and the rules of the payment schemes and providers we work with.
2Who this applies to
This AUP applies to every merchant, sub-merchant, business owner, staff member, agent (including Flamingo Scouts), and any other person who uses Flamingo Pay to request, accept, or receive payments, and to buyers who make payments through the platform. Where a merchant is onboarded as a sub-merchant under Flamingo’s platform, the merchant remains fully responsible for its own compliance with this AUP.
3Merchant obligations
By using Flamingo Pay, you agree that you will:
- provide accurate, current, and complete information about yourself and your business, and complete our identity verification (KYC) and any enhanced due diligence we require;
- only accept payments for your own bona fide business, for genuine sales of your own lawful goods or services — never on behalf of any other person or undisclosed business;
- comply with all applicable South African law, including FICA, the Protection of Personal Information Act 4 of 2013 (“POPIA”), the Consumer Protection Act 68 of 2008, the National Credit Act 34 of 2005 where relevant, the Companies Act, and all tax obligations;
- hold and maintain any licence, registration, or authorisation required to operate your business;
- keep your login credentials and PIN secure and not share your account or let anyone process transactions in your name;
- deal fairly with your customers, honour your refund and dispute obligations, and not mislead buyers about price, goods, or services; and
- cooperate promptly with any review, audit, or information request from Flamingo or our partners.
4Prohibited businesses
You may not use Flamingo Pay for, or in connection with, any of the following. These are strictly prohibited:
- illegal goods, services, or activities of any kind, or the facilitation thereof;
- narcotics, controlled substances, drug paraphernalia, or unregulated/unlicensed pharmaceuticals;
- firearms, ammunition, weapons, explosives, or their parts and accessories;
- any content or service that sexually exploits or endangers children — we have zero tolerance and will report to the authorities;
- human trafficking, forced labour, or exploitation of persons;
- adult content or sexual services provided unlawfully;
- stolen goods, counterfeit goods, or any product or service that infringes another party’s intellectual property;
- pyramid schemes, Ponzi schemes, matrix programmes, “get-rich-quick” schemes, or any business whose primary income is derived from recruitment rather than genuine sales;
- unlicensed financial services, including unregistered deposit-taking, unlicensed lending, unregistered securities or investment offerings, and unlicensed foreign-exchange or money-remittance services;
- unlicensed gambling, betting, lotteries, or games of chance;
- trade in endangered or protected species, or products derived from them;
- any person, entity, or country that is subject to South African or applicable international sanctions, or that appears on a relevant sanctions or terrorist-financing list; and
- shell companies, or any arrangement designed to conceal the true nature, source, ownership, or control of funds.
5Restricted businesses
The following businesses are restricted. You may only use Flamingo Pay for them with our prior written approval, and subject to any additional due diligence, limits, licensing checks, or conditions we impose:
- licensed gambling and betting operators;
- regulated financial services, credit providers, and insurers;
- cryptocurrency or virtual-asset services;
- tobacco, vaping, and alcohol sales;
- money services, bill payment, airtime/data resale, and similar high-volume value transfer;
- charities, non-profits, and donation collection;
- marketplaces, aggregators, or any business collecting payments that are onward-distributed to third parties; and
- subscription, free-trial, or negative-option billing models.
6Prohibited conduct
Regardless of your business type, you may not:
- use the platform for money laundering, terrorist or proliferation financing, or to move the proceeds of unlawful activity;
- engage in fraud, identity theft, or the use of stolen, unauthorised, or fraudulent payment credentials;
- engage in transaction laundering — processing payments for a business, product, or website other than the one we approved, or for any undisclosed third party;
- submit false, misleading, or incomplete information during onboarding or at any time, or fail to disclose beneficial owners;
- process fictitious, self-funded, or “test” transactions on live accounts to inflate volumes or extract funds;
- abuse refunds, chargebacks, or disputes, or structure transactions to evade limits, monitoring, or reporting thresholds;
- attempt to circumvent Flamingo’s fees, controls, or the platform itself, or resell or sub-licence access without our approval; or
- interfere with, probe, or attempt to gain unauthorised access to the platform, its security, or other users’ data.
7Payment & scheme rules
You must comply with the rules of the payment methods and providers used to process your transactions, including PayShap and the national payment system rules administered under the National Payment System Act 78 of 1998, and the operating rules of any card scheme or payment service provider that processes your payments. You must not do anything that would cause Flamingo or its partners to breach those rules or their obligations to a bank, regulator, or scheme.
8Monitoring
We monitor transactions and account activity on a risk-based basis to detect fraud, abuse, and unlawful conduct, and to meet our legal and scheme obligations. This may include automated screening, sanctions and adverse-media checks, transaction analysis, and requests for further information or documentation. Where the law requires, we file the relevant regulatory reports with the Financial Intelligence Centre.
9Enforcement
If we reasonably believe you have breached this AUP, or that your account presents a legal, fraud, credit, or reputational risk, we may — with or without notice, and to the extent permitted by law — take one or more of the following actions:
- request additional information, documentation, or explanation;
- limit, suspend, freeze, or terminate your account or access;
- delay, withhold, reverse, or hold settlement of funds, or apply a reserve;
- reverse or recover the value of fraudulent, disputed, or non-compliant transactions, chargebacks, fines, and related costs;
- report the matter to banks, payment partners, regulators, the Financial Intelligence Centre, or law-enforcement; and
- take any other step reasonably necessary to protect Flamingo, its partners, buyers, or the payment system.
Serious breaches — including fraud, money laundering, or any activity endangering children — will result in immediate termination and may be reported to the authorities.
10Reporting violations
If you become aware of any breach of this AUP, or of suspicious or unlawful activity on the platform, please report it to us immediately at compliance@flamingopay.co.za. Reports are treated confidentially.
11Changes to this policy
We may update this AUP from time to time to reflect changes in our services, the law, or the requirements of our partners. The current version is always available on this page, and material changes will be notified to merchants. Your continued use of Flamingo Pay after a change takes effect constitutes acceptance of the updated AUP.
12Contact
Questions about this Acceptable Use Policy can be directed to our compliance team at compliance@flamingopay.co.za.
Flamingo Pay (Pty) Ltd · Reg No 2026/276925/07 · A23, 10th Ave, Edenburg, Rivonia, Sandton, 2091.