MARKETPLACE USER TERMS

Last updated:01 Jan 2025


1. Introduction and Legal Terms


By accessing or using our marketplace https://bit.ly/MarketplaceByStokFella or our application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Marketplace Terms”). All rights in and to the content of the Platform always remain expressly reserved by StokFella. 


These Terms explain the conditions applicable to how you will use the Platform. Please read these Marketplace Terms carefully before using the Platform. We will assume you have read and understood these Marketplace Terms if you continue to access or make use of our Platform. 


Please pay specific attention to the BOLD paragraphs of these Marketplace Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us, or are an acknowledgement of any fact by you. We may immediately terminate these Marketplace Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason in our discretion.


The terms "user", “you" and “your” are used interchangeably in these Marketplace Terms and accordingly refer to anyone using the Platform as a StokFella customer. Accordingly, the terms “us”, “our” or “we” refers to StokFella or our possession.


These Marketplace Terms must be read in conjunction with the Merchant Terms, the StokFella Terms of Use and any supplemental terms or policies that we implement from time to time. Any supplemental terms or policies will be disclosed to you beforehand and where applicable are in addition to, and deemed to be incorporated within, these Marketplace Terms. 



2. Our Services


Through our Platform, we offer the technology that enables independent merchants (“Merchants”) to provide their private services, directly to StokFella customers (“Customers”). StokFella Customers are able to purchase tangible products (“goods”) or services in wholesale, fractional or bulk quantities directly from Merchant’s through the Platform for their Stokvel. 


StokFella Customers must use their StokFella account funds to purchase from Merchants on the Platform. StokFella will then action the release of the funds to a Merchant once a Customer has confirmed the transaction. 

(collectively, “Services”). 



Service Disclaimer

Independent Transaction: A transaction is an independent agreement between the Merchant and the Customer. StokFella acts only as the parties agent to hold the transaction funds until the transaction has been deemed complete and to release payment of the funds to the Merchant thereafter. 


Delivery: We do not provide any delivery services directly and therefore are not involved in the private relationship between Merchants and Customers. 


Independent Parties: Merchants are independent third parties and are not employed by StokFella. The choice of a Merchant is therefore at the Customers risk and the Customer carries the responsibility of vetting a Merchant and their goods/services before accepting the transaction. 


Deemed Authority:  All transactions must be approved by the executive of a stokvel registered with StokFella (“Stokvel”). It is assumed that such persons have the authority of the Stokvel to enter into transactions on the Stokvel’s behalf. For this reason, StokFella shall not be held responsible for the loss of any Stokvel funds through transactions that were not approved by the Stokvel or performed without authority. 


Suspicious Transactions: We reserve the right to suspend, terminate and report any transaction on the Platform that violates these Marketplace Terms and/or domestic or international laws. 



3. Merchant Account


StokFella Account: To use the Platform as a Customer we require you to have an existing StokFella account with us. If you wish to use the Platform for your Stokvel you are welcome to create a StokFella account. When creating an account with us we ask you to provide us with all the requested information in the on-boarding process. 


Accurate Information: When using our Platform with your StokFella account you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your account and information. Please update any account information directly through your account or contact us to view or change the personal information provided.


One Account: You may use only your registered StokFella account to participate in the Services. Unless we agree, you may not attempt to establish multiple accounts using multiple email accounts, computers, names, and/or identity information, or any program that masks your identity or generates a fake identity. We reserve the right to withhold, deny or cancel any Services and/or terminate your account if we, in our sole discretion, deem your account as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with our Marketplace Terms or any other applicable law or regulation.


Warranty: By sharing personal information with us, you warrant that you are the person using the Platform and have the authority of your Stokvel to transact on the Platform. You are responsible for the information you provide, and all the actions associated with your account that are taken on the Platform. 


Notifications: By creating an account with us, you agree that we may send you SMS, in-app, WhatsApp or any form of messages as part of your use of the Services which may include receipt of One-Time-Pin codes or service notifications. You may opt-out of receiving SMSes, in-app messages, WhatsApp or any form messages at any time, but you acknowledge that doing so may impact your use of the Services.


Unlawful Access: Please let us know if you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your email, or password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.


Processing Personal Data:  We process personal information in accordance with our Privacy Policy. You acknowledge that we may share your personal information with third parties who assist us in providing our Services including Merchants. The information we share with these parties will however be limited only to the information needed to provide you with their services. 




4. Customer Payment Terms


Purchasing: To purchase from a Merchant on the Platform, you must use the relevant links and prompts on the Platform to action the transaction. This will initiate a contract of sale between you and the Merchant. 


Invoices: We will email you a tax invoice for your transaction once an order is fulfilled. 


Statement: All transactions will be logged against the Stokvel Account statement of the StokFella platform.


VAT: All advertised prices are inclusive of Value Added Tax (“VAT”), delivery charges and any other applicable taxes/fees, unless otherwise stated and required by law. Any such additional charges and VAT which will apply to a transaction, will be clearly indicated upon check-out.


StokFella Fee:  For each transaction initiated through the Platform, StokFella shall receive a percentage of the total purchase price of the transaction and/or a flat fee which will be deducted by us from the transactional amount or your StokFella account before payment is made to a Merchant for the transaction. 


Charges and Cancellation: You are responsible for all fees and charges incurred under your StokFella account regardless of your awareness of such charges or the amounts thereof. Fees on the Platform shall include, but are not limited to, all applicable transaction fees and is inclusive of value added tax. You may cancel your request for services from a Merchant at any time prior to the order being dispatched, and/or the commencement of any service in which case you may submit a cancellation request through the Platform.


Changes to Fees: We reserve the right to establish, remove, and/or revise our fees at any time in our sole discretion. 


Limitation of Use: Your right to use our Platform is subject to any limits may establish. If payment cannot be charged to your StokFella account or a charge is returned for any reason, including chargeback, we reserve the right to suspend the transaction or your account.


Refunds: Refunds may be requested through the Platform but are subject to the discretion of the Merchant who agrees to adhere to all relevant and applicable consumer protection and other legislation and regulations in determining whether a refund is justified in the circumstances. You will be asked to submit supporting information for the Merchant to review when requesting a refund. If the Platform is not be available for maintenance or any other reason communicated by us, please visit the StokFella website for the latest refund process for your order. If the refund request is successful, it be credited to your relevant Stokvel account used to purchase the goods or services. 



5. Merchant Payment and Confirmation of Transaction


Delivery of Goods: Following confirmation of a transaction, the Merchant will arrange for delivery of any goods purchased by a Customer either independently or through integration with a courier delivery partner on the Platform. 


Confirmation of Receipt:  Once you have received the purchased goods or services, you must inspect the goods or services received to ensure they are correct and meet any necessary quality requirements. Once the inspection has been completed, you must inform us of such through the Platform to confirm receipt of your order. An order shall be deemed to be accepted if you do not provide confirmation within a period of 3 (three) business days following delivery. Once receipt has been confirmed, we will release the transaction purchase price to the Merchant from your StokFella account funds. 




6. Co-Ownership of Goods


In circumstances where the Merchant sells goods in full or in ratios to Customers through the Platform, the Customer’s Stokvel nominates StokFella (and/or a third party with the necessary regulatory licenses or approvals nominated and/or appointed by StokFella for that purpose) to hold ownership of such tangible product on their behalf on the basis of bare dominium.

 

StokFella will, in turn, grant the members of the Customer’s Stokvel a usufruct in relation to such goods through a rent-to-own model with the Merchant.

 

The Customer accordingly grants StokFella (and/or the third party nominated and/or appointed by StokFella) the right to hold such goods on their behalf.

 

The Customer is not entitled to dispose of their interest in any tangible product under co-ownership unless to another customer within the marketplace platform or to the Merchant through a rent-to-own model. The Customer will be entitled to the sale proceeds at prevailing market prices where applicable to the tangible product.




7. Responsibilities and Warranties


Platform Warranties: by using the Platform and/or the Services, Customers, warrant to and in favour of StokFella that - 


  • they have read and agreed to these Marketplace Terms and will use the Platform and Services in accordance with them;
  • they have not made any misrepresentations and the information provided during the transaction process is true, accurate and complete in every aspect;
  • all Stokvel members are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with, and be bound by these Marketplace Terms; 
  • they lawfully possess and submit all information to StokFella for the use of the Platform and the Services and hereby indemnify StokFella against any third-party claims that may arise due to the processing of the information shared by them with StokFella;
  • Stokvel executives acting on behalf of their Stokvel, warrant that they have the authority and consent to sign-up to our Platform and enter into transactions with Merchants and indemnify StokFella against any third-party claims that may arise in respect of transactions undertaken on the Platform;
  • they will respect all other StokFella users and will treat and interact with a Merchant with respect and shall not under any circumstance act in a manner than can be construed as racist, sexist, discriminatory, abusive, harassing, confrontational, and/or threatening; 
  • they will not post, upload, replicate, or transmit any content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy, or restrict any user in any way from properly using the Platform;
  • they will not send any unsolicited electronic messages or use any software, routine, or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including (but not limited) to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter, or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
  • you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
  • you will not use the Platform for any commercial purpose other than as expressly provided for by StokFella herein;
  • you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
  • you will not facilitate or assist any third party to do any of the above,


failing which, such action will automatically and immediately be deemed to be a material breach of these Marketplace Terms, allowing StokFella to exercise any or all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you. 


Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.


Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our sole reasonable discretion) that you are in breach of any of these Marketplace Terms. The following terms shall apply in such circumstances:


  • Where your rights of access have been revoked or restricted, you will be required to lodge a complaint form in writing to StokFella. Please visit our website for the process in relation to lodging a complaint form.
  • Based on the nature of the complaint, StokFella may take up to 30 (thirty) calendar days to investigate and respond to the complaint.




8. Messages and Advertising


Data Messages between You and StokFella


Data messages, including email messages, you send to us will be considered as received only when we acknowledge or respond to these messages.


Data messages we send to you will be regarded as received when the data message enters your email sever inbox and is capable of being retrieved and processed by you.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory, or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.


Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.


Hyperlinks, Deep Links, Framing


The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.


We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.


Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site. 


Advertising

The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform complies with all applicable laws and regulations.


StokFella its shareholders, directors, employees, suppliers, partners, affiliates, and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material on the Platform.




9. Intellectual Property


Platform IP: All website layout, website content, material, illustrations, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by StokFella, our shareholders, directors, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. 


User submitted IP: All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a non-exclusive, non-transferable licence to use such intellectual property to provide you with our Services including the use of our Platform. 


Feedback: If you provide us with any suggestions, comments or other feedback relating to our Platform or company (collectively, “Feedback”), such Feedback is provided ‘as is’ and is and will be deemed as our sole and exclusive property. You hereby irrevocably assign to us all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you will not provide any Feedback to us which is subject to any third-party rights or any limitations or which you are otherwise precluded from providing to us and shall notify us as soon as you become aware of any third-party right or limitation which may apply to any Feedback already provided by you.


No Modification of IP:  Subject to the rights afforded to you in these Marketplace Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics, or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.


Updates:  We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be). 


Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.


User License: Subject to adherence to the Marketplace Terms, we grant to you a personal, non-exclusive, non-assignable, and non-transferable license to use and display all content and information on any machine which you are the primary user. However, nothing contained on the Platform or in these Marketplace Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission. 





10. Indemnities and Disclaimers


Disclaimers

The Platform and Services, including intellectual property appearing therein, are provided "as is" and "as available". We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, quality or suitability of the Platform or any warranties, representations or guarantees as to as to reliability, timeliness, quality, suitability or availability of the Services or any products purchased through the use of the Services/Platform.


All Merchants are independent third parties and not in any way employed by StokFella. StokFella therefore does not guarantee the quality, suitability, safety, or ability of Merchants providing services on the Platform. Customers agree that the entire risk arising out of use of the Services, and any service requested in connection therewith, remains solely with the Customer, to the maximum extent permitted under law.


All content, information, and/or opinions of users made available on the Platform in relation to any of the Services are those of the authors and not StokFella. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.


StokFella, its shareholders, directors, employees, agents, office bearers, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom or from the Services offered by StokFella or any Merchant through the Platform. 


StokFella, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner. 


We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.


Indemnities

You indemnify and hold harmless StokFella, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered, or transactions concluded through the Platform in any way.


You agree to indemnify, defend, and hold StokFella, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Marketplace Terms.


This clause will survive termination of these Marketplace Terms. 



11. Dispute Resolution between you and StokFella


Negotiation: Should any dispute, disagreement or claim arise between you and StokFella concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.


Mediation: Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties may approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.


Arbitration: If the dispute is still not resolved after such mediation, the parties may consent to commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by StokFella. 


Jurisdiction:  Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.


No publication: The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.




12. Disputes between Users


Private Dispute: Should a dispute arise between Customers and Merchants, regarding their private transaction, said dispute is between these parties exclusively. StokFella is not responsible for fulfilling any function in any way or engaging in the dispute in any way.


Beneficial Resolution: The users agree that they will resolve their dispute in a manner that is mutually agreeable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.


Notification: Notwithstanding the above, these parties must inform StokFella of the dispute for StokFella to log the issues experienced, and to try assist both parties in whatever way it deems fit but is under no obligation to do so. 




13. Termination of Use 


IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM IF YOU BREACH ANY OF THESE MARKETPLACE TERMS, OR  FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.


If you wish to terminate your agreement with us and these Marketplace Terms, you may do so by ending your use of our Platform. Such termination will however not have any effect on any transaction that is underway at the time of such termination and the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.




14. Notices and Service Address


Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Marketplace Terms as being:


  • in the case of StokFella, at support@stokfella.com; or
  • in the case of a Customer, at the e-mail, cellphone number, and/or address provided when registering with us. 


Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.


Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.




15. Complaints and Support Enquiries


Should you have any complaints or support enquiries, please use the built-in prompts on the Platform to contact us directly. Should the Platform not be available for maintenance or any other reason communicated by StokFella, please visit our website for the latest Complaints process for your order.




16. Company Information


• Site owner:                               StokFella (Pty) Ltd

• Legal status:               Private Company

• Registration number:             2016/033764/07

• Description of business:     Financial Service Provider

• Platform address:     https://bit.ly/MarketplaceByStokFella

• Email address:             support@stokfella.com

• Registered address:     22 On Sloane Street, 1st Floor, Bryanston Sandton, Gauteng, 2191

• Postal address:             As above




17. General 


Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Marketplace Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party. StokFella only provides software as a service, any formal engagement between users facilitated by the Platform is between them privately, and for which StokFella holds no responsibility. 


Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Marketplace Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Marketplace Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned


Change Without Notice: The Platform and these Marketplace Terms are subject to change without notice. These Marketplace Terms are updated or amended from time to time and will be effective once we upload the amended Marketplace Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Marketplace Terms, as amended. It is your responsibility to read these Marketplace Terms periodically to ensure you are aware of any changes.


No Indulgence:  No indulgence, leniency or extension of time granted by StokFella shall constitute a waiver of any of StokFella’ rights under these Marketplace Terms and, accordingly, StokFella shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.


Headings as Reference: The headings to the paragraphs in these Marketplace Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate. 


Governing Law: Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Marketplace Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.


Failure to Pay: In the event of a client failing to pay any amount timeously or breaching these Marketplace Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by StokFella in relation to the payment failure or breach.


Severability:  Each sentence, paragraph, term, clause and provision of these Marketplace Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.


Prohibited Provision: No term or condition of these Marketplace Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of severability above.