📘 GROCERY STOKVEL – TERMS & CONDITIONS

Last Updated: December 2024

Version 1.0

1. Introduction

Welcome to Grocery Stokvel ("GroceryStokvel", "the Platform", "we", "us", "our"). These Terms and Conditions ("Terms") govern your use of our website, mobile applications, and services. By accessing or using Grocery Stokvel, you agree to be legally bound by these Terms.

If you do not agree with any part of these Terms, you must stop using the Platform immediately.

2. Definitions

  • "Platform" – the Grocery Stokvel website, mobile applications, backend systems, and related services.
  • "User" – any individual accessing or using the Platform.
  • "Stokvel" – a digital savings group created and managed on the Platform under Banks Act Exemption 620 (2014).
  • "Member" – a User who has joined a Stokvel group.
  • "Admin" – a User who creates and manages a Stokvel group.
  • "Contribution" – monetary payments made by Members into a Stokvel for grocery purchases.
  • "Cycle" – the defined duration of a stokvel (e.g., 6 months, 12 months).
  • "Common Bond" – the shared relationship required under law for stokvel formation.
  • "Interest Retention Fee" – incidental interest retained by the Platform as an administrative fee.
  • "Personal Information" – user data protected under POPIA.
  • "We/Us/Our" – GroceryStokvel (Pty) Ltd.

3. Eligibility

To use Grocery Stokvel, you must:

  • Be at least 18 years old
  • Be a resident of South Africa
  • Provide accurate, true, and complete information
  • Maintain the security of your account credentials
  • Not have been previously suspended or banned
  • Meet the common bond requirement of any Stokvel group you join

4. Account Registration & Security

By creating an account, you agree to:

  • Provide accurate and up-to-date registration information
  • Keep your password confidential
  • Notify us immediately of any unauthorized access
  • Take responsibility for all activity under your account
  • Not create duplicate or fraudulent accounts

We reserve the right to verify identities and suspend accounts for suspicious activity.

5. Nature of the Platform (Critical Legal Clause)

GroceryStokvel is a digital facilitation platform. We provide:

  • Tools for creating and managing stokvels
  • Contribution tracking
  • Group administration features
  • Payment processing integrations
  • Grocery procurement support

We are NOT:

  • A bank
  • A credit provider
  • A financial advisor
  • An investment platform
  • A savings account
  • A collective investment scheme
  • A deposit-taking institution under the Banks Act
  • A financial services provider under the FAIS Act

We do NOT offer:

  • Financial returns
  • Interest to members
  • Investments
  • Credit or loans
  • Savings products

All member funds belong to the members, not the Platform.

6. Stokvel Creation & Management

6.1 Creating a Stokvel (Admin Responsibilities)

Admins agree to:

  • Set clear contribution rules
  • Manage invitations and member applications
  • Ensure the group has a valid common bond
  • Ensure fair distribution of grocery benefits
  • Manage member expectations
  • Resolve member disputes
  • Ensure compliance with group limits and laws

6.2 Joining a Stokvel (Member Responsibilities)

Members agree to:

  • Make contributions on schedule
  • Follow the stokvel's constitution and rules
  • Engage respectfully with other members
  • Provide accurate delivery or pickup information
  • Accept group decisions democratically

7. Common Bond Requirement (Banks Act Compliance)

Each stokvel created on the platform must have a defined common bond, such as:

  • Living in the same area
  • Working in the same company
  • Being part of the same association or organisation
  • Church or community group membership

The common bond ensures the stokvel qualifies for legal exemption from the Banks Act.

8. Payments & Contributions

8.1 Payment Processing

All payments are securely processed through Paystack. By making a payment, you accept Paystack's terms. A 2.9% card payment processing fee applies to cover bank gateway costs.

8.2 Contribution Obligations

Members must pay contributions according to the schedule defined by their stokvel. If a member fails to contribute:

  • They may be suspended or removed by the Admin
  • They may lose the right to receive groceries at cycle end
  • They may be subject to group penalties governed by the constitution

8.3 Contribution Limits (R100,000 Cap)

To comply with Banks Act Exemption 620 of 2014:

  • A stokvel may not hold more than R100,000 in total pooled contributions
  • The Platform will warn groups nearing the limit
  • Groups exceeding this limit must register with NASASA or another SRO
  • The Platform is not responsible for registering groups.

8.4 Refund Policy

  • Refunds depend on individual stokvel rules
  • Payment processing fees are non-refundable
  • Refund requests must be made within 7 days
  • Refunds may only occur before grocery purchases for the cycle

9. Interest Retention Policy (CRITICAL LEGAL CLAUSE)

Members understand and consent that:

  • Any incidental interest earned on temporarily pooled funds is retained by GroceryStokvel as an administrative fee
  • This replaces subscription or service fees
  • No member receives interest, investment returns, or dividends
  • Interest is NOT treated as a return on investment
  • Funds are not held long-term to generate interest

This clause ensures compliance with the Banks Act, FAIS Act, and CISCA.

10. Prohibited Activities

Users may NOT:

  • Use the platform for illegal or fraudulent activities
  • Create fake or multiple accounts
  • Impersonate individuals or entities
  • Upload viruses or malicious code
  • Harass, abuse, or harm other users
  • Scrape, mine, or extract user data
  • Use the platform for spam
  • Attempt to bypass contribution limits
  • Use funds for investment or lending
  • Attempt to hack or compromise platform security

11. Platform Independence & Limited Role

GroceryStokvel:

  • Does not intervene in internal stokvel decisions
  • Is not responsible for contribution enforcement
  • Does not guarantee grocery availability or pricing
  • Does not guarantee savings or financial benefits
  • Does not act as fiduciary, trustee, or custodian

All internal group issues must be resolved through the group constitution.

12. Intellectual Property

All platform software, design, text, branding, trademarks, and features belong to GroceryStokvel and may not be:

  • Copied
  • Reverse-engineered
  • Reproduced
  • Resold
  • Modified

13. Liability Disclaimer

GroceryStokvel shall NOT be liable for:

  • Member disputes
  • Missed contributions
  • Delivery issues from grocery suppliers
  • Quality of groceries
  • Admin decisions
  • Banking delays or errors
  • Service interruptions
  • Loss of expected benefits
  • Technical issues or outages
  • Fraud committed by members

Our total liability shall not exceed R500 per affected user.

14. Member Conduct & Fraud Prevention

Users agree NOT to:

  • Engage in fraudulent contribution behaviour
  • Use false identities
  • Manipulate group rules
  • Participate in pyramid or investment schemes
  • Use the platform for money laundering

We may suspend or terminate suspicious accounts without notice.

15. POPIA – Data Privacy & Protection

We comply fully with the Protection of Personal Information Act (POPIA).

We will:

  • Collect only necessary data
  • Store it securely
  • Never sell personal data
  • Use it only for platform functionality, compliance, and communication
  • Allow deletion requests where allowed by law

16. Dispute Resolution

16.1 Member-to-Member Disputes

Must first be handled internally according to the group's constitution.

16.2 Disputes With the Platform

Disputes must go through:

  • Internal support
  • Mediation
  • Binding arbitration

You waive the right to court proceedings unless required by law.

17. Termination

17.1 By the User

You may close your account anytime, subject to stokvel obligations.

17.2 By the Platform

We may suspend or terminate accounts for:

  • Illegal activity
  • Harassment
  • Fraud
  • Non-payment
  • Violation of these Terms
  • Security risks

18. Modification of Terms

We may update these Terms at any time. Continued use after changes constitutes acceptance.

19. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Jurisdiction: South African courts or binding arbitration, as applicable.

20. Contact Information

For questions, support, or legal inquiries:

  • 📧 Email: legal@grocerystokvel.co.za
  • 📞 Phone: +27 87 236 3065
  • 🏢 Address: 55 Richards Drive, Halfway House, Midrand, 1685, South Africa