Stokvel Legal Framework & Member Agreement

1Introduction & Scope

1.1 This Stokvel Legal Framework & Member Agreement ("Stokvel Agreement") governs the HmperCo-facilitated Stokvel programme, through which an individual or group of members contributes funds over time towards Hamper purchases fulfilled by HmperCo.

1.2 This Agreement applies to every Stokvel registered on the Platform, whether a single-member Stokvel or a multi-member group Stokvel.

2Legal Framework

• South African common law of stokvels — stokvels are traditionally structured as unincorporated associations or societies governed by their own constitutions/rules and general principles of contract and partnership law; HmperCo's role is limited to that described in clause 3.
• Banks Act 94 of 1990 and the Banks Act exemption notice for stokvels — stokvels that meet the regulatory exemption criteria (membership-based, non-profit-distributing savings arrangements) are exempt from certain "deposit-taking" restrictions under the Banks Act; HmperCo does not act as a bank or deposit-taking institution and does not hold Stokvel funds otherwise than as prepayment for goods to be delivered.
• Consumer Protection Act 68 of 2008 ("CPA") — including section 63 (pre-paid certificates/layby-type arrangements) which informs how Stokvel contributions applied toward future Hamper delivery are treated.
• Financial Intelligence Centre Act 38 of 2001 ("FICA") — HmperCo applies reasonable customer due diligence to Stokvel contribution payments to detect and prevent money laundering.
• Protection of Personal Information Act 4 of 2013 ("POPIA") — governs the personal information of the authorised representative and, where captured, other members.
• National Stokvel Association of South Africa (NASASA) guidance — HmperCo has had regard to widely recognised stokvel best-practice principles (member consent, transparency of contributions, clear withdrawal rules) in designing this Agreement, without HmperCo being a member of, or regulated by, NASASA.

3Nature of the Relationship & HmperCo's Role

1. HmperCo is not a member of your Stokvel, does not manage your Stokvel's internal governance, and is not a party to any agreement between your Stokvel's members, unless expressly stated otherwise in writing.
2. HmperCo's role is limited to: receiving Stokvel contributions as prepayment toward Hamper Orders; maintaining a contribution record for the registered Stokvel Account; and fulfilling and delivering Hampers according to the schedule and product selection instructed by the authorised representative.
3. The relationship between individual members of a multi-member Stokvel (including how members resolve internal disagreements, elect representatives, or share in benefits) is a matter for the members themselves and their own constitution, and is not governed or adjudicated by HmperCo.

4Registration: Individual, Multi-Member & Group Stokvels

4.1 Individual Stokvel: a single person saving towards a Hamper via scheduled contributions; that person is both the member and the authorised representative.

4.2 Multi-member/group Stokvel: two or more members contributing towards a shared Hamper Order or Orders, represented on the Platform by a nominated authorised representative. Registration requires: the group's name, the nominated representative's verified identity and contact details, and confirmation of member consent as described in clause 6.

4.3 HmperCo may request evidence of the group's existence (for example, a list of members, or an internal constitution, where the group has one) but does not require formal legal incorporation of the Stokvel for registration.

5Authorised Representative & Powers

1. The authorised representative is the person HmperCo will treat as having authority to instruct product selection, hamper allocation, changes to the contribution schedule, and cancellation requests, unless HmperCo is notified in writing of a change of representative supported by appropriate member consent.
2. HmperCo is entitled to rely on instructions from the authorised representative as recorded on the Account, and is not liable for acting on such instructions in good faith, even where an internal dispute later arises among members as to whether the representative had authority for a particular instruction.
3. Where HmperCo becomes aware of a genuine, evidenced dispute about who is the properly authorised representative, HmperCo may place instructions on hold pending resolution, as described in clause 11.3.

6Member Consent & Authority

6.1 For a multi-member Stokvel, HmperCo requires confirmation, at registration and for material changes (including cancellation and refund requests), that members have consented to the relevant action, in the form reasonably required by HmperCo (for example, a signed member list, group confirmation via a nominated communication channel, or, where necessary, a supporting affidavit).

6.2 For cancellation and refund requests specifically, HmperCo may require multiple-member approval (not the authorised representative alone) where the request is for a full or substantial refund of accumulated contributions, to protect all members' interests.

7Contributions & Payment Schedules

7.1 Contributions are made according to the schedule selected at registration (for example, monthly), via the payment methods described in the Payments Policy.

7.2 A running record of contributions received, and the balance accumulated toward the selected Hamper(s), is available to the authorised representative in the Stokvel Account.

8Missed Payments & Skipped Months

Where a scheduled contribution is missed, HmperCo will notify the authorised representative and, where HmperCo permits skipped months for the relevant Stokvel plan, will adjust the fulfilment date accordingly rather than cancelling the Stokvel automatically. Repeated missed payments without communication may result in the Stokvel Account being placed on hold pending contact from the authorised representative.

9Product Selection, Hamper Allocation & Fulfilment

9.1 The authorised representative selects or confirms the Hamper(s) or products the accumulated contributions will be applied toward, subject to availability and pricing at the time of fulfilment.

9.2 Where the selected Product's price changes between the start of the contribution period and fulfilment, HmperCo will notify the authorised representative of any shortfall or surplus and offer options (top-up payment, product substitution, or partial refund of surplus) before finalising the Order.

9.3 Delivery of the completed Hamper(s) is subject to the Delivery & Logistics Policy.

10Cancellation & Refunds

1. Cancellation requests must be submitted in writing to stokvel@hmperco.co.za by the authorised representative, and, for multi-member Stokvels seeking a refund of accumulated contributions, supported by the member consent described in clause 6.2.
2. Refunds of accumulated, unallocated contributions (i.e. before Hamper fulfilment) are processed within 21 business days of a valid, fully-supported cancellation request being received, to allow for verification of member consent and reconciliation of the contribution record.
3. Where contributions have already been applied to a confirmed Hamper Order, the Returns Policy applies to that Order instead of this clause.

11Deceased, Incapacitated or Disputed-Authority Members

11.1 Deceased member: where a member (including a sole authorised representative) is deceased, HmperCo will require reasonable evidence (such as a death certificate) and, for a multi-member Stokvel, confirmation from the remaining members or the deceased's estate representative before releasing funds or transferring representative authority.

11.2 Incapacitated member: where a member becomes legally incapacitated, HmperCo will require evidence of appointment of a legal guardian, curator, or administrator before acting on that member's behalf.

11.3 Disputed authority: where HmperCo receives conflicting instructions or a genuine dispute as to who holds authority to act for a Stokvel, HmperCo may place the relevant Account on hold, request a supporting affidavit or other reasonable evidence from the parties, and, where the dispute cannot be resolved directly, direct the parties to independent dispute resolution or the courts, without HmperCo adjudicating the underlying dispute itself.

12Member Withdrawal, Replacement & Group Dissolution

12.1 An individual member of a multi-member Stokvel may withdraw by notifying the authorised representative; HmperCo will action a corresponding Account change once notified by the authorised representative in accordance with clause 6.

12.2 A Stokvel group may dissolve at any time by written notice from the authorised representative, supported by member consent under clause 6.2 where a refund of accumulated contributions is requested.

13Liability

13.1 Members' liability to one another (for example, if a member fails to contribute their agreed share) is a matter between the members and is not guaranteed, insured, or enforced by HmperCo.

13.2 HmperCo's liability to the Stokvel is limited to the proper application of contributions actually received toward the selected Hamper(s), and to fulfilment and delivery in accordance with these Terms, subject to clause 14 of the Master Terms.

14Fraud & Account Security

Suspected fraudulent instructions, fabricated member consent, or unauthorised access to a Stokvel Account are handled under the Fraud, Abuse, Account Security & Responsible Disclosure Policy, and may be reported to the South African Police Service where a criminal offence is reasonably suspected.

15Records, Evidence & POPIA

Contribution records, member consent evidence, and communications relating to your Stokvel are retained by HmperCo in accordance with the Privacy Policy and may be relied upon to resolve disputes about authority, consent, or contribution history.

16Disputes & Complaints

Complaints or disputes relating to your Stokvel are handled via stokvel@hmperco.co.za and, where unresolved, escalated in accordance with the Complaints, Escalation & Dispute Resolution Policy.

17Contact Details