1Introduction
Flamingo Pay (Pty) Ltd (“Flamingo”, “we”, “us”, “our”) is committed to upholding the rights of all consumers who use our payment platform in accordance with the Consumer Protection Act 68 of 2008 (“CPA”).
This page sets out your rights as a consumer when using Flamingo Pay, whether you are a buyer making a payment through our platform or a merchant receiving payments. We believe in transparency, fairness, and treating every person with dignity — these are not just legal obligations, they are core to who we are.
This notice should be read together with our Privacy Policy, Merchant Terms of Service, and Dispute Resolution process.
2Who does the CPA apply to?
The CPA applies to every transaction, agreement, or interaction between Flamingo Pay and a natural person (or a juristic person with an annual turnover or asset value below the threshold determined by the Minister — currently R2 million per annum).
In practice, this means the CPA protects:
- Buyers — any person who makes a payment through a Flamingo QR code or payment link.
- Merchants — small business owners and sole proprietors who use our platform to receive payments, provided their annual turnover is below the threshold.
Where any provision of this notice conflicts with the CPA, the CPA prevails.
3Right to plain and understandable language (Section 22)
You have the right to receive all notices, documents, and communications from Flamingo Pay in plain and understandable language. We write our terms, policies, and notifications so that an ordinary person with average literacy and minimal experience as a consumer can understand them without difficulty.
If any part of our terms, this notice, or any communication from us is unclear, you have the right to ask us to explain it. Contact us at info@flamingopay.co.za and we will provide a clear explanation in a language you understand.
We are committed to providing our key documents in English and will endeavour to offer translations into isiZulu, Sesotho, and Afrikaans as our platform grows.
4Cooling-off period (Section 16)
Under Section 16 of the CPA, if you entered into an agreement as a result of direct marketing (for example, if a Flamingo representative signed you up in person or via a phone call), you have the right to cancel that agreement within 5 business days of the date it was concluded, without reason or penalty.
For merchants: If you signed up for a Flamingo merchant account as a result of direct marketing, you may cancel within 5 business days by emailing support@flamingopay.co.za with the subject line “Cooling-off cancellation”. We will deactivate your account and refund any sign-up fees (Flamingo Pay currently charges no sign-up fees, but this right applies to any future changes).
For buyers:PayShap payments are irrevocable once completed; card payments may be reversed via the issuing bank’s chargeback rules under Visa or Mastercard scheme regulations. However, if you believe a payment was made in error or as a result of misleading marketing, you may file a dispute and we will investigate in accordance with PASA dispute rules and (for card payments) the applicable card-scheme dispute resolution framework.
The cooling-off right does not apply to agreements initiated by the consumer (for example, if you visited flamingopay.co.za and signed up voluntarily).
5Refunds and returns (Section 20)
Flamingo Pay is a payment facilitator — we process payments between buyers and merchants. The goods or services themselves are provided by the merchant, not by Flamingo. However, we take the following approach to refunds:
Merchant service fees: If our service fails to perform as described (for example, a technical error causes a payment not to be settled to a merchant), we will refund any fees charged for that transaction within 10 business days.
Buyer payments: If a buyer is entitled to a refund from a merchant under the CPA (for example, defective goods under Section 56), the buyer should first contact the merchant directly. If the merchant does not resolve the matter, the buyer may file a dispute through our platform. Flamingo will facilitate communication between the buyer and merchant and, where appropriate, process the refund.
Refund timelines: Once a refund is approved, it will be processed within 48 hours. The actual time for funds to reflect in the buyer's account depends on their bank (typically under 60 seconds for PayShap, and 2-5 business days for card payments depending on the issuing bank’s settlement cycle).
6Right to a receipt (Section 26)
Every buyer who makes a payment through Flamingo Pay is entitled to a receipt. We provide this automatically:
- Digital receipt: After every successful payment, buyers receive an on-screen receipt showing the merchant name, amount paid, payment method, transaction reference, date and time.
- Auto-download:A branded receipt image (PNG) is automatically downloaded to the buyer's device for their records.
- Shareable link: Each receipt has a unique URL that can be bookmarked, shared, or printed.
Merchants also receive a record of every transaction in their dashboard, which they can export for their accounting records.
Receipts are retained for a minimum of 5 years in compliance with FICA record-keeping requirements.
7Pricing, fees, and the right to fair value (Section 48)
You have the right not to be subjected to unfair, unreasonable, or unjust terms or pricing. Flamingo Pay is committed to transparent, simple pricing:
- Transaction fee: 2.9% + R0.99 per successful transaction, charged to the merchant. Buyers pay nothing.
- No hidden fees: There are no monthly fees, setup fees, minimum transaction requirements, or cancellation penalties.
- No lock-in: Merchants can close their account at any time without penalty. Outstanding settlements will be paid out within 5 business days.
If we change our pricing, we will give merchants at least 30 days' written notice via email and in-app notification before the new pricing takes effect. You have the right to cancel your account if you do not accept the new pricing.
We will never charge a fee that was not clearly disclosed to you before you entered into the agreement, and we will never impose terms that are unfair, unreasonable, or unjust.
8Notice of certain terms and conditions (Section 49)
Section 49 of the CPA requires us to draw your attention to any terms that limit our liability, assume risk on your behalf, require you to acknowledge facts, or impose obligations or forfeit rights. The following terms in our Merchant Agreement are specifically brought to your attention:
- Settlement timing: While we aim to settle funds within 24 hours, settlement may take up to 3 business days depending on banking processes. Flamingo is not liable for delays caused by third-party banking infrastructure.
- Transaction holds: Flamingo may place a temporary hold on settlements if our compliance system flags suspicious activity. This is required by FICA and is done to protect both merchants and buyers.
- Account suspension: We may suspend a merchant account if we have reasonable grounds to believe it is being used for illegal activity, fraud, or in breach of our terms. We will notify you in writing and give you an opportunity to respond.
- Chargeback liability:If a buyer dispute results in a refund, the refund amount will be debited from the merchant's next settlement. Merchants are responsible for ensuring the goods or services they provide meet CPA standards.
These terms exist for legal and regulatory compliance. They are not intended to unfairly disadvantage any party. If you have concerns about any term, please contact us before signing up.
9Right to information and disclosure (Sections 22, 23, 24)
You have the right to receive accurate information about our services before and after entering into an agreement. Flamingo Pay provides:
- Full fee disclosure on our website and during merchant onboarding.
- Real-time transaction notifications and a complete transaction history in the merchant dashboard.
- A clear explanation of how payments are processed, including the roles of Flamingo, Ozow (our payment gateway), and the buyer's bank.
- Access to your personal data under POPIA Section 23 via our data access request process.
We will never make false, misleading, or deceptive representations about our services, fees, or capabilities.
10Right to quality service (Section 54)
You are entitled to receive services that are performed in a manner and quality that persons are generally entitled to expect. Flamingo Pay commits to:
- Uptime: Maintaining platform availability of at least 99.5% measured monthly, excluding scheduled maintenance communicated in advance.
- Processing speed:PayShap transactions settle in real-time (under 10 seconds). Card payments are authorised in real time and settled to the merchant’s available balance within 1 business day.
- Support: Responding to merchant support queries within 4 business hours during business days (08:00 — 17:00 SAST).
- Security: Implementing appropriate technical and organisational measures to protect payment data, including encryption, access controls, and regular security reviews.
If our service fails to meet these standards, you may report the issue through our complaint process (see Section 11 below) and, where applicable, request a refund of fees charged for the affected period.
11How to complain
We take complaints seriously and aim to resolve them quickly and fairly. Here is how to raise a complaint:
Step 1 — Contact us directly. Email complaints@flamingopay.co.za or call 063 947 7208 with a description of the issue. We will acknowledge your complaint within 2 business days and aim to resolve it within 10 business days.
Step 2 — Escalate internally. If you are not satisfied with the initial response, ask for the matter to be escalated to our Compliance Officer at compliance@flamingopay.co.za. We will review and respond within 5 business days.
Step 3 — External escalation. If we cannot resolve your complaint to your satisfaction, you have the right to escalate to the relevant external body (see Section 12 below).
For payment disputes: Buyers can file a dispute directly through our dispute resolution page. Payment disputes are handled under PASA dispute rules with a 48-hour merchant response deadline and compliance review.
12External bodies and the National Consumer Commission
If you have exhausted our internal complaint process and remain unsatisfied, you may approach the following external bodies:
- National Consumer Commission (NCC)
The NCC investigates and resolves consumer complaints under the CPA.
Website: www.thencc.gov.za
Phone: 012 428 7000
Email: complaints@thencc.gov.za - National Consumer Tribunal (NCT)
The NCT adjudicates matters referred by the NCC or by consumers.
Website: www.thenct.org.za - Information Regulator (for data-related complaints)
If your complaint relates to how we handle your personal information, contact the Information Regulator.
Website: inforegulator.org.za - Payment Association of South Africa (PASA)
For complaints specifically about payment processing or disputes.
Website: www.pasa.org.za
You are not required to use our internal process before approaching these bodies, but we encourage you to give us the opportunity to resolve the matter first.
13Contact us
For any questions about your consumer rights or this notice:
- Flamingo Pay (Pty) Ltd
Registration Number: 2026/276925/07 - Address: A23 10th Ave, Edenburg, Rivonia, Sandton, 2091
- General enquiries: info@flamingopay.co.za
- Complaints: complaints@flamingopay.co.za
- Compliance Officer: Siphokazi Gazi — compliance@flamingopay.co.za
- Phone: 063 947 7208
- Dispute resolution: flamingopay.co.za/dispute
- Data access requests: flamingopay.co.za/dsar