Merchant terms summary.

1. Contract and commitment

Initial term

As recorded in the merchant's Term Sheet, running from the date of merchant activation.

Renewal

Renews automatically on a monthly basis after the initial term, unless either party gives 30 days' written notice of cancellation. A merchant may not withhold fees while a dispute is running. Both parties keep performing while the dispute runs, so the fees are earned, and the expert deals with costs in the determination.

Early termination

There is no early termination fee. If a merchant cancels within the initial term, the Program Operator may recover only the onboarding costs it actually incurred and can demonstrate (point-of-sale configuration, the sales kit and materials, and third-party activation charges), up to the cap recorded in that merchant's Term Sheet, and must itemise them. Nothing is recoverable where the merchant terminates because of a fee increase or a material amendment, or where the Program Operator terminates. Where no Program transaction is processed at any of the merchant's outlets for three consecutive calendar months, the participation is dormant and the Program Operator may suspend or terminate on 14 days' written notice, which the merchant can avoid by resuming use.

Notice

All notices must be submitted in writing to support@addie.africa or to your account manager.

2. Points and rewards liability

• Merchants are solely responsible for fulfilling all rewards redeemed by their customers, including free items, vouchers, discounts and experiences.
• Addie provides the technology platform only. The merchant defines and manages its own reward catalogue, including reward type, value and availability.
• Outstanding points balances are the financial responsibility of the issuing merchant. The Program Operator bears no liability for unfulfilled redemptions.
• Points earned by a member are valid for 24 months from the date they are earned, not from account inactivity. Members are notified 60 days before any points are due to expire.
• The Program Operator is not responsible for errors in points issuance caused by merchant staff, incorrect POS configurations or third-party POS system failures.

3. Data and privacy

• Member personal information collected through Addie, including names, contact details and transaction history, is not the property or intellectual property of the merchant, the partner or the Program. It is the personal information of the member, who holds rights in it under POPIA, and it is processed in accordance with the Addie Privacy Policy.
• AddPay (Pty) Ltd, as Program Operator, is the responsible party under the Protection of Personal Information Act, 2013 (POPIA) for member personal information collected through the Program. It decides why and how that information is processed and is accountable for it. A merchant is a responsible party in its own right only in respect of information about its own customers that it uses for its own purposes, and the merchant's own privacy policy applies to that use. Suppliers engaged by the Program Operator act as operators on its written instruction under sections 20 and 21 of POPIA. "Operator" here is the POPIA role of a supplier processing on instruction; it does not describe AddPay, which is the responsible party.
• A merchant sees the member at the till and nowhere else. When the QR code is presented it sees the member's name, the member's ID (their cellphone number) and the member's points balance at that moment, so that it can identify the member for that transaction. In its transaction history, reporting and dashboard there is no individual customer information at all: each transaction shows the outlet, the transaction value and the date and time, together with the points earned or redeemed, any reward given, and the merchant's own totals for points issued, redeemed and expired. That data carries no member name and no member ID. A merchant does not see a member's transactions at any other merchant or the member's transaction history across the Program. A member's number may be used only to identify that member for the transaction: it may not be used to contact or market to the member, or added to any list of the merchant's own.
• Partners and distributors receive information about the merchants they have enrolled: subscription status, performance metrics and commission. They do not receive member personal information, and the Partner Portal gives no access to member accounts, balances or transactions.
• No merchant category, reward rule, audience or segment may be configured in a way that sorts members by a characteristic that is special personal information under sections 26 and 27 of POPIA, or by an inference of one drawn from where a member shops.
• The Program Operator will never sell customer data, and will not share it with any third party without written consent, except as required to operate the Program or by law.
• A correction or void of a transaction at a merchant (a purchase, the points earned or redeemed on it, or a reward given) may be made by that merchant on its own transaction record on the day of the transaction, while the member is still identified at the point of sale. From the following day the merchant's record no longer identifies the member, so a later correction, and every other request, including access, deletion, objection and anything concerning a member's profile or account, is dealt with by the Program Operator as responsible party, free of charge and within 30 days. A merchant that receives any request about a member's personal information must notify the Program Operator immediately, because the POPIA response period runs from the moment the member makes the request and the Program Operator carries the liability.
• Upon contract termination there is a 30-day wind-down period during which members may continue to redeem points at the merchant. A departing merchant does not receive an export of member personal information. Member accounts, balances and personal information remain with the Program Operator as responsible party; the merchant retains only its own transaction reporting for the period it participated.
• Some suppliers hold a disaster-recovery backup of Program information outside the Republic of South Africa, in the EU West region. Any such transfer is made only on a ground permitted by section 72 of POPIA.
• Where personal information processed through the Program is accessed or acquired by an unauthorised person, section 22 of POPIA requires the Information Regulator and the affected data subjects to be notified as soon as reasonably possible. A merchant or partner must notify the Program Operator within 24 hours of becoming aware of any such incident affecting Program data, must preserve the relevant records, and must not notify data subjects independently without first consulting the Program Operator.
• Merchants and partners may not use member personal information obtained through the Program for their own direct marketing, and may not add members to any list of their own on the strength of Program participation. Program marketing is sent by the Program Operator only to members who have given consent under section 69 of POPIA, and the recorded consent state is the single rule that determines whether a member may be contacted.
• An automated rule or flag does not by itself void a member's points or suspend a member's account. Section 71 of POPIA requires a person to review the flag before any further action is taken that affects a member's membership, points balance or ability to redeem.

4. Merchant promotions and banners

• A merchant may run a Banner Promotion on the Addie app. The merchant submits the banner, together with the start and end dates on which it wants the banner displayed, and the banner is displayed only once the Program Operator has approved it. Approval is granted or withheld in the Program Operator's sole discretion, on compliance and other considerations, and no reasons need be given. Approval is not an endorsement of the promotion.
• The Program Operator must be allowed 14 calendar days to review a promotion or banner submission. A merchant must therefore submit in good time; a merchant that submits late carries the risk that the banner is not live on the date it wanted. Where the Program Operator approves a promotion in less than 14 days, the banner nevertheless begins to display on the start date the merchant chose.
• The merchant is responsible for the points, rewards and offers it commits to in a promotion, and must honour them. The Program Operator is not liable for a promotion that a merchant fails to honour, and the merchant indemnifies the Program Operator against any claims, losses, damages, costs or expenses arising from that failure, including consequential loss.
• A banner displayed inside the app is not direct marketing under section 69 of POPIA. A push notification or email about a promotion is: only the Program Operator sends those, and only to members who have consented. A promotion that is a promotional competition must comply with section 36 of the Consumer Protection Act, 2008. The Program Operator may remove or suspend a banner that is non-compliant, misleading or the subject of complaints.
• Clause 11 of the Merchant Terms and Conditions sets out the promotion and banner terms in full.

5. Fair use and platform integrity

Any breach of the fair use terms may result in immediate suspension or termination without refund.

• Fraudulent points issuance, manipulation of the rewards system or artificial inflation of member balances is grounds for immediate account termination without refund.
• Certain conduct is a material breach by definition: failing to honour a reward a member has redeemed, failing to honour an approved banner promotion, using member personal information for the merchant's own marketing, fraudulent points issuance, and failing to pay a fee within 14 days of written notice. A material breach not remedied within 14 days entitles the Program Operator to terminate.
• Merchants may not reverse-engineer, reproduce, resell, sublicense or redistribute any component of the Addie platform.
• The Program Operator reserves the right to suspend merchant accounts suspected of fraudulent activity pending investigation, without prior notice.
• Merchants must not use the platform to collect data in excess of what is required for the Rewards Program, or for purposes incompatible with the Program's stated objectives.

6. Partner responsibilities

• Partners must accurately represent the Addie platform, its features, pricing and capabilities. Partners may not make commitments beyond what is available in the current product.
• Partners are responsible for conducting initial merchant training and ensuring the merchant understands how to operate the Program prior to go-live.
• Commission clawback applies if a merchant cancels within 60 days of activation: the commission for that merchant's first payment period will be reversed.
• Partners must not engage in deceptive sales practices, misrepresent testimonials or data, or make guarantees of specific ROI outcomes to prospective merchants.
• Partners must notify the Program Operator within 5 business days if a merchant they have enrolled indicates intent to cancel or raises a formal complaint.

7. Service availability and support

• The Program Operator commits to 99% platform uptime on a monthly basis, excluding scheduled maintenance windows (notified 48 hours in advance).
• Merchant support is available via email 7 days a week (South African time). The support tier for each merchant, including any priority support and any dedicated account manager, is recorded in that merchant's Term Sheet.
• The Program Operator is not liable for losses arising from platform downtime below the 99% threshold unless caused by gross negligence.
• Feature updates, improvements and new integrations are delivered at no additional cost to existing plan subscribers.

8. Amendments and governing law

• The Program Operator reserves the right to amend these terms with 30 days' written notice to the merchant. Continued use of the platform after this period constitutes acceptance.
• These terms are governed by the laws of the Republic of South Africa. A dispute goes first to the parties' senior representatives, then to mediation administered by AFSA, and then, if still unresolved, to an independent expert whose written determination is final and binding and can be made an order of court. Either party may still approach a court for urgent relief.
• The Merchant Terms and Conditions, together with the merchant's Term Sheet, supersede this summary in the event of any conflict. In respect of the processing of member personal information, the Addie Privacy Policy states the Program Operator's position and prevails over any inconsistent statement in this summary.