MERCHANT TERMS

Last updated: 01 Jan 2025

1. Introduction and Legal Terms

By accessing or using our marketplace http://marketplace.stokfella.mobi/ or our application (collectively, “the Platform”), or by offering any product or service to our Users, or by using any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Merchant 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, and how your products/services may be offered to StokFella Users. Please read these Merchant Terms carefully before using the Platform. We will assume you have read and understood these Merchant Terms if you continue to access or make use of our Platform.

Please pay specific attention to the BOLD paragraphs of these Merchant 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 Merchant 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 following terms, as used throughout these Merchant Terms, shall bear the following meanings:

“Merchant”, “you”, or “your” refers to you, the merchant, being the party who provides products or services through the StokFella Marketplace;

“StokFella”, “us”, “our” or “we” refers to StokFella;

"User" or “Customer” means anyone using the Platform as a StokFella customer.

These Merchant Terms must be read in conjunction with the Marketplace User 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 Merchant Terms.

2. Our Services

Through our Platform, we offer the technology that enables you, the Merchant, to provide products or services directly to StokFella Customers. StokFella Customers are able to purchase tangible products, goods, or services in wholesale, fractionla or bulk quantities for their Stokvel directly from you through the Platform.

StokFella provides its services to the Merchant which includes facilitating the marketing, sale and delivery of products and services sold by the Merchant to Customers through the Platform.

(collectively, “Services”)

Service Disclaimer

Payment Agent: By signing up to the Merchant Services, you consent and appoint StokFella as your limited agent to process payments on your behalf from Customers who purchase goods from you on the Platform. As your limited agent we will strictly receive payment on your behalf for goods purchased (using our payment service provider) and thereafter transfer to you such funds less any fees owed to us.

FICA/KYC Compliance: To accord with our regulatory compliance requirements under FICA/KYC and associated legislation, we may request information from you to confirm your identity (including, but not limited, your identity or company registration documents) before transferring any payments to you. Please note that failure or refusal to provide us with the necessary information may result in a refusal to process payments owed to you.

User Complaints: Where necessary, StokFella will respond, on your behalf, to Customer complaints received via the Platform for products or services sold by you on the Platform. We will however not engage in any dispute between you, as a Merchant and a Customer with respect to the products and/or services sold and your private transaction.

Prohibited Products: StokFella does not support the sale of alcohol on the Platform regardless of whether the Merchant has a valid alcohol license or not. StokFella furthermore prohibits the marketing and sale of any products or services on the Platform which are illegal or unconscionable, which includes but is not limited to, firearms, illegal drugs or pharmaceuticals, stolen or counterfeit goods, and/or any explosive or flammable items.

Payment Process: 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 you once a Customer has confirmed the transaction and receipt of the goods or services.

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.

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 Merchant Terms and/or domestic or international laws.

3.  Merchant Account

StokFella Account: To use the Platform as a Merchant we require you to have an existing StokFella account with us. 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.

Due Diligence: As part of the registration process, you as a Merchant  and/or any products or services that you upload to the Platform will undergo a comprehensive due diligence process, described in greater detail in clause 4 below.

One Account: You may use only your registered StokFella account to participate in the Services, and/or to provide products or services to Customers through the Platform. 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, unlawful, or otherwise inconsistent with our Merchant Terms or any other applicable law or regulation.

Warranty: By sharing personal information with us, you warrant that you have the authority of your company or entity 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.

SMS: By creating an account with us, you agree that we may send you SMS, in-app, or WhatsApp 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, or WhatsApp 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. Due Diligence

Quote for Process: During the registration process, you will be provided with a quotation for the costs associated with the due diligence procedure which we undertake to verify you as a reputable and acceptable Merchant on the Platform.

Payment: Once we receive payment of the quoted amount, your registration as a Merchant on the Platform will be paused until such time as our due diligence procedures have been concluded successfully to our satisfaction.

Co-operation: The due diligence process may include such aspects as StokFella in its sole and unfettered discretion determine to be necessary or desirable in the circumstances, and you agree to provide us with any documentation, verifications, or access as we may reasonably require in order to give effect to these processes.

Third Party Verifier: We reserve the right to engage a third party to undertake the due diligence procedures on our behalf. Any Merchant information shared with such third party will at all times be subject to our Privacy Policy and applicable data processing regulations.

Platform Access: Following the successful conclusion of the due diligence process, we will enable you to upload your products or services onto the Platform. StokFella does, however, reserve the right to subject any such products or services to their own due diligence processes should it become necessary or desirable to do so when considering of the safety of StokFella’s Users and/or the Customers.

5. Responsibilities and Warranties

Platform Warranties: by using the Platform and/or the Services, you as the Merchant warrant to and in favour of StokFella that –

• you have read and agreed to these Merchant Terms, the StokFella Terms, and will use the Platform and Services in accordance with them;
• you have not made any misrepresentations, and the information provided during the due diligence process and/or transaction process is true, accurate, and complete in every aspect;
• if you are a natural person, you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with, and be bound by these Merchant Terms, and indemnify StokFella against any third-party claims that may arise in respect of transactions undertaken on the Platform;
• if you are a juristic entity (company, close corporation, trust, etc) or non-juristic entity (stokvel), you are duly registered as such in terms of applicable law, and the natural person acting on behalf of the Merchant warrants that they have the authority and consent to sign-up to our Platform and enter into transactions with Customers, and indemnify StokFella against any third-party claims that may arise in respect of transactions undertaken on the Platform;
• you 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 you with StokFella;
• you are lawfully entitled to offer the type of products or services that you are making available to the Customers through the Platform. This includes, without limitation, any statutory or professional registrations required by any legislation or regulations applicable to the product or service offering made available through the Platform;
• you will respect all other StokFella Users and will treat and interact with a User/Customer 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;
• you 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;
• you 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 Merchant 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 (or restrict your access) to the Platform where we believe (in our sole reasonable discretion) that you are in breach of any of these Merchant Terms. The following terms shall apply in such circumstances:

5.1. 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.

5.2. Based on the nature of the complaint, StokFella may take up to 30 (thirty) calendar days to investigate and respond to the complaint.

5.3. Where StokFella Users or Customers have purchased and/or subscribed for tangible products, goods, or services from you as the Merchant, you as the Merchant hereby agree and undertake to continue providing such products, goods, or services in accordance your agreement with the Users or Customers, as well as in accordance with these Merchant Terms, or to refund the StokFella Users or Customers in full (which refund may include any costs incurred by the Users or Customers).

6. Fees and Payment Terms

Monthly Fees: You will be responsible for the payment of a Monthly Fee for the use of and access to the Platform. The Monthly Fee amount will be provided during the registration process, following the successful completion of the due diligence process described above.

Per-Transaction Fees:

Each time that a Customer purchases a product or service from you as the Merchant, a Transaction Fee will be payable.

Where a physical product or a service is sold through the Platform, the Transaction Fee will take the form of a percentage of the price or a flat fee charged to the Customer. Such a transaction fee will be provided during the registration process, following the successful completion of the due diligence process (or otherwise when the product or service is uploaded onto the Platform).

Where the nature of the product/service is that of a financial service, investment, insurance, or any other specialised product/service regulated by applicable legislation or regulations, the Transaction Fee will take the form as prescribed by applicable legislation and/or regulation, the amount and form of which will be provided during the registration process, following the successful completion of the due diligence process (or otherwise when the product or service is uploaded onto the Platform).

Purchasing: Customers will be able to use the relevant links and/or prompts on the Platform to purchase from you as a Merchant and action the relevant transaction. This will initiate a contract of sale, or a contract of service (as the case may be), between you as the Merchant and the Customer.

Statement: On the last business day of each calendar month, we will provide you with a notification that a statement of account for the Monthly Fees is ready for your review, and the Per-Transaction Fees for each transaction facilitated through the Platform. StokFella will, where applicable, deduct any amounts due to or in favour of StokFella Users and/or Customers by the Merchant for any reason whatsoever (including, without limitation, amounts due in respect of revenue share for tangible product transactions facilitated through the Platform) The amount set forth in the statement of account will be payable within 3 (three) business days from the date thereof, and must be paid to StokFella into the merchant’s StokFella Wallet via credit/cheque card and/or debit order. All relevant payment information will be included in the statement of account.

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.

Limitation of Use: Your right to use our Platform is subject to any limits we may establish. If payment is not received timeously, or a charge is returned for any reason, including chargeback, we reserve the right to suspend your account and remove all of your products/services from the Platform until such time as full payment has been received.

Refunds: Customers may request refunds through the Platform, and any refunds shall be made by the Merchant to Stokfella into the Merchant’s StokFella Merchant Wallet. StokFella shall debit the Merchant’s StokFella Merchant Wallet, and shall thereafter credit the relevant Customer’s Stokvel account on the Platform. Such refunds 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. The Merchant hereby indemnifies Stokfella and holds it harmless from and against 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, incurred by Stokfella as a result of the Merchant’s failure to refund a Customer in circumstances where the Customer is lawfully entitled to a refund.

Withholding Payments: We reserve the right to temporarily or permanently cancel or suspend a payment to you where, in our reasonable discretion, the circumstance exists warranting such action. Payment may be withheld where there may be a legal or regulatory risk or a potential breach of existing laws (such as AML/CTF requirements) or where a Customer order has not been fulfilled (subject to dispute and review thereof by the Merchant).

Interest: In circumstances where the Merchant’s StokFella Merchant Wallet account is overdrawn for any reason whatsoever (limited to an amount of R1000 (one thousand Rand)), the overdrawn amount shall attract interest at the rate of prime plus 2% (two percent) per month calculated from the date upon which the Merchant Wallet account becomes overdrawn to date of final payment in full (both days inclusive).

7. Sales Process with Customers

Product Pricing: As the seller of your products, you are responsible for determining and setting the retail price for your products on the Platform. All listed prices must include value added tax, for which you are responsible for determining and setting.

Invoicing Customers: You hereby grant us the authority to invoice Customers in your name and on your behalf for the receipt of your products via the Platform. You agree to notify us where any of your invoice details change.

8. Release of Funds to the Merchant

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

9.  Application Programming Interface (“API”) Integrated Merchants

In circumstances where the Merchant’s products and/or services are integrated into the Platform through the use of an API, the following terms shall apply:

• StokFella, in facilitating the transaction, shall ensure that the Customer agrees to the Merchant’s terms and conditions applicable to the sale of such products and/or services, subject to the requirement that the Merchant will provide StokFella with a copy thereof, and further subject to the requirement that should such terms and conditions be amended, updated, or replaced at any point, the Merchant will provide StokFella with an updated copy thereof;

• If StokFella and the Merchant conclude a written agreement pertaining to the use of the Merchant’s API, such written agreement will apply in addition to, and not in substitution for, these Merchant Terms. In the event of a conflict between these Merchant Terms and the terms of such written agreement, the terms of the written agreement will prevail to the extent of the conflict.

10. Co-Ownership of Products

In circumstances where the Merchant sells tangible products to the 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 Stokvel a usufruct in relation to such tangible product. The Merchant accordingly agrees to transfer ownership over any tangible products sold through the Platform to StokFella and/or the third party nominated and/or appointed by StokFella.

11.  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 server 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.

12. 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. This includes, without limitation, the rights to host and make available your services and/or products to the Customers through the 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 Merchant 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.

Merchant License: Subject to adherence to the Merchant 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 Merchant Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.

13. 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 Customers are independent third parties and not in any way employed by StokFella. Merchants accordingly agree that the entire risk arising out of use of the Services, and any service requested in connection therewith, remains solely with the Merchant, to the maximum extent permitted under law.

All content, information, and/or opinions of users or other merchants 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 Merchant Terms.

This clause will survive termination of these Merchant Terms.

14. 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.

15. 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.

16. 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 MERCHANT 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 Merchant 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.

17. 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 Merchant Terms as being:

• in the case of StokFella, at support@stokfella.com; or

• in the case of a Merchant, 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.

18. 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.

19. Company Information

• Site owner:                             StokFella (Pty) Ltd
• Legal status:                          Private Company
• Registration number:            2016/033764/07
• Description of business:      Financial Service Provider
• Platform address:                 [insert StokFella marketplace URL]
• Email address:                      support@stokfella.com
• Registered address:             22 On Sloane Street, 1st Floor, Bryanston Sandton, Gauteng, 2191
• Postal address:                     As above

20. General

Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Merchant 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 Merchant 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 Merchant 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 Merchant Terms are subject to change without notice. These Merchant Terms are updated or amended from time to time and will be effective once we upload the amended Merchant Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Merchant Terms, as amended. It is your responsibility to read these Merchant 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 Merchant 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 Merchant 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 Merchant 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 Merchant failing to pay any amount timeously or breaching these Merchant Terms, the Merchant 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 Merchant 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 Merchant 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.