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Definitions 

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In this End-User License agreement (“user agreement”), the terms below have the following meanings:

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1.1.1 “Digital Platform” means the Wall Street Financial Services internet website (accessed via www.wallstreetfs.co.za) and/or any Wall Street Financial Services Apps.

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1.1.2 Wall Street Financial Services Registration number: Licence Number: 50314 and any of its affiliates or subsidiaries.

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1.1.3 “Wall Street Financial Services Apps” means any online application Software that is provided by or is connected with Wall Street Financial Services that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.

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1.1.4 “Personal Information” means information relating to you or any person, including, but not limited to, information relating to:

• race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, wellbeing, disability, religion, conscience, belief, cultural affiliation, language and birth;

• education, medical, financial, criminal or employment history;

• any identifying number, account or client number, password, pin code, symbol, e-mail address, domain name or IP address, mobile device identifier, physical address, cellular phone number, telephone number or other particular assignment;

• blood type, fingerprint or any other biometric information;

• personal opinions, views or preferences;

• correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence);

• the name of the person, if it appears with other Personal Information relating to such person, or if the disclosure of the name itself would reveal information about the person; provided that such Personal Information is not in the public domain or held by a public body and is publicly accessible.

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1.1.5 “Software” means collectively: (i) online application software that is provided by or is connected with Wall Street Financial Services (ii) all the contents of the software under this user agreement, including the object code form of the software; and (iii) upgrades, modified versions, updates, additions, and copies of the software, if any, in respect of which the rights are granted to you under this user agreement.

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1.1.6 “working day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.

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1.1.7 “you” or “your” means the end user (either an individual or an entity) of the Digital Platform.

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Conditions and right of use

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1.2.1 This user agreement is between you and Wall Street Financial Services. Wall Street Financial Services grants you a non-exclusive, non-transferable right to use the Digital Platform under the terms and conditions set out below. No agreement will be concluded between you and Momentum if you are under the age of 18 years.

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1.2.2 You (i) accept the right granted to you in terms of clause 1.2.1 above; (ii) are authorised only to use the Digital Platform for your own purposes in relation to this user agreement and shall not exploit it for commercial gain under any circumstances whatsoever; and (iii) acknowledge that you obtain no rights of ownership in the software whatsoever.

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1.2.3 By using the Digital Platform, you acknowledge that you have read, understand and expressly agree to the terms and conditions of this user agreement. In the event that you do not agree to these terms and conditions, please do not continue using the Digital Platform.

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1.2.4 Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Digital Platform, your cell phone provider may, depending on the type of contract you have, charge you for accessing the Digital Platform or for any usage of the Digital Platform (such as data charges and SMS charges). Wall Street Financial Services cannot be held responsible for these charges.

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This user agreement will be governed, construed and take effect in all respects in accordance with the laws of the Republic of South Africa. By accessing and using the Digital Platform, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.