AO Pay is committed to providing a secure and legally compliant payment ecosystem. This Acceptable Use Policy (AUP) defines the activities that are prohibited when using AO Pay services, ensuring compliance with applicable laws and regulations while promoting responsible business practices.

1. Purpose and Scope

This Acceptable Use Policy (“AUP”) outlines prohibited activities and responsible usage of AO Pay (Pty) Ltd (“AO Pay”) services. It applies to all users—businesses and individuals—within and outside South Africa to the extent permitted by South African law. The AUP ensures compliance with relevant legislation, including:

• Electronic Communications and Transactions Act, 2002 (ECT Act)
• Protection of Personal Information Act, 2013 (POPIA)
• Consumer Protection Act, 2008 (CPA)
• Financial Intelligence Centre Act, 2001 (FICA)
• Prevention and Combating of Corrupt Activities Act, 2004 (PCCAA)

By using AO Pay services, you agree to comply with this AUP and all applicable laws and regulations. Where laws may conflict, obligations under FICA take precedence in matters of suspicious transaction reporting.

2. Prohibited Activities

Users may not use AO Pay services for activities that:

1. Violate Laws and Regulations

• Engage in money laundering, terrorism financing, or tax evasion.
• Breach financial services laws, consumer protection laws, or anti-corruption laws.
• Operate unlicensed financial services (e.g., lending, forex trading, gambling).

2. Facilitate Fraud or Misrepresentation

• Mislead users, impersonate entities, or provide false business information.
• Engage in unauthorized transactions or unapproved third-party processing.

3. Compromise Data Security

• Breach data protection laws (POPIA) or misuse customer information.
• Spread malware, attempt hacking, or engage in cyberattacks against AO Pay systems.

4. Trade Restricted or Illegal Goods and Services

• Sell counterfeit goods, drugs, weapons, or explicit materials that violate South African content regulations.
• Offer financial instruments or investment schemes without proper regulatory approvals.

5. Misuse AO Pay Services

• Circumvent transaction limits or engage in high-risk activities without authorization.
• Engage in excessive chargebacks or transaction disputes indicative of fraud.

High-risk activities flagged by regulators or financial institutions are also prohibited. These may include but are not limited to unregulated forex trading, Ponzi or pyramid schemes, cryptocurrency exchanges without proper licensing, unlicensed gambling, and high-frequency transactions designed to evade financial monitoring. For a detailed list of high-risk activities, users may refer to regulatory guidelines from financial authorities such as the South African Reserve Bank (SARB) and the Financial Intelligence Centre (FIC).

3. User Responsibilities

Users must:

• Comply with all applicable laws, including tax and licensing regulations.
• Provide accurate, updated account and transaction information.
• Implement security measures to protect their AO Pay account credentials.
• Cooperate with AO Pay in fraud prevention and compliance investigations.
• AO Pay reserves the right to request documentation for business verification, transaction review, or regulatory compliance.

4. Enforcement and Consequences

If AO Pay determines that a user has violated this AUP, it may take one or more of the following actions:

• Investigate the violation – AO Pay may request additional information or supporting documentation.
• Limit account access – AO Pay may freeze funds, restrict withdrawals, or apply transaction limits.
• Suspend or terminate accounts – Persistent or severe violations may result in account closure.
• Report violations to authorities – AO Pay may notify law enforcement or regulators as required.
• Pursue legal remedies – AO Pay reserves the right to seek damages or legal action for policy breaches.

AO Pay will notify users of enforcement actions unless prohibited by law or where such notification could interfere with an ongoing legal investigation, regulatory inquiry, or fraud prevention efforts. In cases where disclosure is restricted, AO Pay may provide a summary explanation after the issue has been resolved, where legally permissible.

5. Data Handling and Privacy Compliance

AO Pay ensures:

• Data processing is limited to operational and legal requirements.
• Data retention is restricted to necessary durations.
• Personal data is disclosed only as required by law.

Users must comply with POPIA and other data protection laws when handling customer information. Misuse of personal data or marketing without consent is strictly prohibited.

6. Reporting Violations
   To report violations of this AUP, contact [email protected] with:

• A detailed description of the suspected violation.
• Transaction details, including timestamps and transaction IDs.
• Any supporting evidence or relevant correspondence.
  
  

7. Amendments and Notifications
   AO Pay reserves the right to amend this AUP. Updates will be:

• Posted on the AO Pay website with a 30-day notice.
• Communicated to users via email.

Continued use of AO Pay services after the amendment period constitutes acceptance of the updated terms.

8. Governing Law and Dispute Resolution

• Governing Law: This AUP is governed by South African law.
• Dispute Resolution: International users may request mediation or arbitration before resorting to South African courts.
• Improper Litigation: Claims not in accordance with this AUP are considered improperly filed, and AO Pay may recover legal costs if users do not withdraw such claims within 5 business days.
  
  

9. Contact Information

For legal notices, contact:

AO Pay (Pty) Ltd, Attention: AO Pay Legal

Ingenuity Park, 3 Nandi Mthembu Drive, Ballito, South Africa

By using AO Pay, you acknowledge that you have read, understood, and agree to this Acceptable Use Policy.