Terms of Use

1.1 These Terms of Use ("Terms") govern your access to and use of the website www.appiawave.co.za (the "Website"), owned and operated by Finance 7 Seven (Pty) Ltd, a company registered in the Republic of South Africa, trading as Appiawave ("Appiawave", "we", "us", or "our").

1.2 By accessing, browsing, or otherwise using the Website, or by submitting any enquiry, application, or request through the Website, you ("you", "your", or the "User") confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

1.3 If you do not agree to these Terms, you must not access or use the Website.

1.4 These Terms apply to your use of the Website generally. Where you apply for, are approved for, or use any specific Appiawave product or service — including AppiaStaff, AppiaSpend, AppiaReward, AppiaCloud, AppiaPro, Merchant Acquiring, Payment Gateway, DebiCheck & EFT Collections, PayBeta, PayMaster, AppLend, AppiaPay, or Appiawave Nexus (each an "Appiawave Product" and collectively the "Appiawave Products") — that Appiawave Product will be governed by a separate agreement specific to that product (each a "Product Agreement"). In the event of any conflict between these Terms and a Product Agreement, the Product Agreement will prevail in respect of that Appiawave Product.

1.5 We may amend these Terms from time to time in accordance with clause 18 below.

2.1 In these Terms, unless the context indicates otherwise, the following words and expressions have the meanings assigned to them below, and cognate expressions have corresponding meanings:

• "Appiawave Products" means the financial technology and payment products and services offered by Appiawave from time to time, as described on the Website;
• "Content" means all text, graphics, logos, images, calculators, tools, software, and other material made available on the Website;
• "Merchant" means a business or individual that has applied for or been onboarded to use one or more Appiawave Products in connection with accepting payments or offering credit to its own customers;
• "Personal Information" has the meaning given to it in the Protection of Personal Information Act 4 of 2013 ("POPIA");
• "Regulator" means any applicable regulatory or supervisory authority, including but not limited to the Payments Association of South Africa (PASA), the South African Reserve Bank (SARB), the National Credit Regulator (NCR), the Financial Intelligence Centre (FIC), and the Information Regulator of South Africa;
• "Website" means www.appiawave.co.za and any subdomains, mobile-optimised versions, or successor sites operated by Appiawave.

2.2 Headings are for convenience only and do not affect interpretation. Words importing one gender include the others, the singular includes the plural and vice versa, and references to a person include natural and juristic persons.

3.1 Appiawave is a South African financial technology and payments infrastructure company. Depending on the specific Appiawave Product, our activities are supported by the following licences, registrations, and certifications, each held in respect of the specific activities to which it applies:

• A System Operator licence issued by the Payments Association of South Africa (PASA), in respect of our recurring payment collection (DebiCheck and EFT) activities;
• Visa Payment Facilitator status, in respect of our Visa-branded acquiring activities;
• A Mastercard card programme relationship, in respect of our Mastercard-branded card issuing activities;
• Registration with the National Credit Regulator (NCR) as a credit provider, in respect of our lending and Buy Now Pay Later activities (including AppLend and PayBeta);
• PCI-DSS compliance, in respect of our handling of card payment data;
• ISO 27001 certification, in respect of our information security management systems.

3.2 Finance 7 Seven (Pty) Ltd, registration number 2022/478452/07, trading as Appiawave, holds all of the above licences, registrations, and certifications.

3.3 Nothing on the Website constitutes financial advice, credit advice, investment advice, tax advice, or legal advice. You should seek independent professional advice before making any financial decision, including any decision to apply for or use an Appiawave Product.

3.4 The Website provides general information about the Appiawave Products. It does not constitute an offer capable of acceptance, and any indicative pricing, calculators, or illustrations on the Website (including any cost estimation tools) are for general guidance only and do not constitute a quote, pre-approval, or binding pricing commitment. Final pricing and eligibility are confirmed only through our formal application and quotation process.

4.1 To use the Website to make an enquiry or apply for an Appiawave Product, you must be at least 18 years old and have full legal capacity to enter into binding agreements under the laws of South Africa.

4.2 Where you are applying on behalf of a business, you confirm that you are duly authorised to act on behalf of, and to bind, that business.

4.3 Appiawave reserves the right, at its sole discretion, to accept or decline any application or enquiry, subject to applicable law.

5.1 You may use the Website only for lawful purposes and in accordance with these Terms. You must not:

• use the Website in any way that breaches any applicable local, national, or international law or regulation;
• use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material;
• attempt to gain unauthorised access to the Website, the server on which it is hosted, or any server, computer, or database connected to it;
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• use any automated system, including "robots", "spiders", or "offline readers", to access the Website in a manner that sends more request messages than a human can reasonably produce in the same period;
• reverse engineer, decompile, or otherwise attempt to extract the source code of any software underlying the Website, except as permitted by law;
• copy, reproduce, republish, or distribute any Content from the Website for commercial purposes without our prior written consent.

5.2 We reserve the right to restrict or terminate your access to the Website, at our discretion, if we reasonably believe you have breached this clause 5.

6.1 Descriptions of Appiawave Products on the Website are provided for general informational purposes and are subject to change without notice. They do not constitute a binding offer.

6.2 Applying for an Appiawave Product typically requires you to complete an onboarding process, which may include the submission of identifying documents, business registration documents, and financial information for know-your-customer (KYC), Financial Intelligence Centre Act 38 of 2001 (FICA), and credit assessment purposes. You warrant that all information you provide to Appiawave, whether via the Website or otherwise, is true, accurate, and complete.

6.3 Any interactive tool on the Website (including cost calculators) produces estimates only, based on the information you enter and on rates that are illustrative and subject to change. Actual pricing is confirmed in writing following a formal application.

6.4 Use of a specific Appiawave Product is governed by the Product Agreement applicable to that Appiawave Product, which will be provided to you, and which you must accept, before you are onboarded to that Appiawave Product.

7.1 Where the Website allows you to submit a form, request a quote, or register interest in an Appiawave Product, you are responsible for the accuracy of the information you submit and for keeping any credentials associated with such submission confidential.

7.2 You must notify us immediately at onboarding@appiawave.co.za if you become aware of any unauthorised use of any account or submission associated with you.

8.1 The Website and all Content are the property of Appiawave or its licensors and are protected by South African and international intellectual property laws, including copyright and trademark law.

8.2 "Appiawave", the Appiawave logo, and the names of the Appiawave Products (including AppiaStaff, AppiaSpend, AppiaReward, AppiaCloud, AppiaPro, PayBeta, PayMaster, AppLend, AppiaPay, and Appiawave Nexus) are trademarks of Appiawave or its affiliates, whether or not registered. Nothing in these Terms grants you any right to use any Appiawave trademark without our prior written consent.

8.3 You may view, download, and print extracts from the Website for your own personal or internal business use in considering an Appiawave Product, provided you do not modify any Content and you retain all copyright and other proprietary notices.

9.1 The Website may reference or link to third parties, including Visa, Mastercard, banking partners, and other service providers. Appiawave does not control and is not responsible for the content, accuracy, or practices of any third party.

9.2 References to Visa or Mastercard on the Website describe the actual status Appiawave holds with those networks as at the date of publication, and are not endorsements by those networks of any statement made on the Website beyond that status.

10.1 Browsing the Website is free. Fees for Appiawave Products are set out in the applicable Product Agreement or quotation provided to you and are not established by anything published on the Website, including any pricing calculator.

11.1 The Website and its Content are provided "as is" and "as available", without any warranty of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Website will be uninterrupted, timely, secure, or error-free.

11.2 Appiawave does not warrant the accuracy, completeness, or currency of any Content, including product descriptions, pricing illustrations, or comparisons to other providers, although we take reasonable care to keep such information accurate and up to date.

11.3 Nothing in these Terms limits or excludes any right or remedy that cannot lawfully be limited or excluded under the Consumer Protection Act 68 of 2008 or any other applicable law.

12.1 To the maximum extent permitted by law, Appiawave will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profit, revenue, business, or data, arising out of or in connection with your use of, or inability to use, the Website.

12.2 Nothing in these Terms excludes or limits Appiawave's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under South African law.

12.3 This clause 12 does not apply to losses arising from your use of an Appiawave Product, which are governed exclusively by the applicable Product Agreement.

13.1 You agree to indemnify and hold Appiawave, its directors, employees, and agents harmless from and against any claim, loss, liability, damage, or expense (including reasonable legal costs) arising from your breach of these Terms or your misuse of the Website.

14.1 Our collection, use, and processing of Personal Information submitted via the Website is governed by our Privacy Policy, available at www.appiawave.co.za/privacy-policy, which forms part of these Terms.

15.1 We may suspend or terminate your access to the Website at any time, without notice, if we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful activity, or where required by a Regulator or by law.

15.2 Termination of your access to the Website does not affect any rights or obligations that arose under a Product Agreement prior to termination.

16.1 These Terms are governed by the laws of the Republic of South Africa.

16.2 You consent to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising from these Terms, without prejudice to Appiawave's right to bring proceedings in any other competent jurisdiction.

17.1 If you have a complaint about the Website or an Appiawave Product, please contact us at onboarding@appiawave.co.za in the first instance so that we may attempt to resolve it directly.

17.2 Where a complaint relates to a regulated activity and is not resolved to your satisfaction, you may be entitled to escalate the complaint to the applicable Regulator, including the National Credit Regulator (in respect of credit products) or the Information Regulator (in respect of Personal Information).

18.1 We may update these Terms from time to time to reflect changes in our practices, products, or legal and regulatory requirements. The "Last Updated" date at the top of these Terms will indicate when they were last revised.

18.2 Your continued use of the Website after any update constitutes your acceptance of the updated Terms. Where required by law, we will provide additional notice of material changes.

19.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19.2 No failure or delay by Appiawave in exercising any right under these Terms operates as a waiver of that right.

19.3 These Terms, together with our Privacy Policy and any applicable Product Agreement, constitute the entire agreement between you and Appiawave in respect of your use of the Website.

If you have any questions about these Terms, please contact us:

• Finance 7 Seven (Pty) Ltd t/a Appiawave, Reg. No. 2022/478452/07
• Physical Address: 3 Viceroy Link, Route 21 Business Park, Centurion
• Email: onboarding@appiawave.co.za
• Phone: +27 12 335 9020
• WhatsApp: +27 74 756 2775
• Website: www.appiawave.co.za