These terms and conditions are the contract between Flow Living Proprietary Limited, any person visiting or using amongst others our App, Website “the Platform/Flow Platform” and persons becoming Members.
By visiting or using our Platform, you agree to be bound by the applicable terms set out herein. Content on the Platforms includes our own content as well as publications of properties for residential occupation and services or products advertised by our reward partners and third parties.
If you do not agree with these terms as a visitor or user of the Platforms, you should leave our Website immediately.
If you do not wish to be bound by the terms and conditions of use you must click “do not accept” in which event your membership cannot be activated. Membership is currently free but it is possible that a membership fee may be introduced in the future. Should a membership fee be introduced we will give you the option to terminate your membership and opt out of use of our platforms.
You must be over 18 and provide full and accurate information when registering or using the Platform. We reserve the right to refuse activating membership. We may refuse to facilitate products or services if we are unable to verify any of the information you provide us. You will be in material breach if the information provided is false or misleading and we reserve the right to withdraw your points and any rewards in such event.
The rules to qualify for points and of point allocation are published across our Platform and are subject to change from time to time. We recommend that you familiarise yourself with the rules regularly. The reward programme aims to incentivise Members and encourage good behaviours between landlords and tenants.
We may make products and services available via our platforms. Terms specific to these products and services will be communicated by us via the Platform and other communications.
WHO WE ARE AND WHAT WE DO
Flow Living operate an online platform (consisting of secure, proprietary information technology protocols and systems including amongst other websites, online applications, other technology and personnel) which facilitates access to payment tools through secure, third party payment service providers as well as landlord interaction, point allocation and the redemption of Vouchers.
The platform will evolve over time to facilitate more sophisticated interaction in residential property rental and administration to the benefit of tenants, landlords and agents.
Amongst other features, additional to a reward programme, our platform links to secure third party payment providers which will allow for payments from tenants to landlords and other suppliers.
Residential property suppliers may advertise their property and our platform shall facilitate the interaction between tenants and property suppliers.
Flow Living is not responsible for the residential properties or content published in relation thereto, unless otherwise expressly provided, does not become a party to the contracts between its members, reward partners or payment platforms and is not an estate agent or payment service provider.
Laws and standards apply to leasing of residential properties. Landlords alone are responsible for ensuring that they comply with laws, rules and regulations relating to leasing residential property to consumers and likewise, tenants alone are responsible for ensuring they comply with the terms of the lease agreement and use of the property.
Our reward partners are responsible for delivering on the Vouchers earned by Members. Our platforms facilitate redemption of the Vouchers by linking Members to supplier protocols or by other means. If a reward partner unlawfully fails to comply with a valid Voucher we may, in our sole discretion, replace the Voucher with something of similar value.
DEFINITIONS AND INTERPRETATION
In this Agreement, unless inconsistent with or otherwise indicated by the context:
“Account” means the application on a device, registered to a Member which acts as an encrypted account administered through the Flow Platform;
“Agreement” means the agreement set out in this document and any valid amendments thereto;
“Flow Platform Content” means, amongst other material: text, graphics, images, software (excluding the Flow Applications), audio, video, information and other materials published or made available through the Flow Platform;
“Flow Applications” mean applications for computers, mobiles phones, tablets and other such devices through which Flow Living facilitates awarding points and interaction between service providers and Members;
“Flow Living” means Flow Living Proprietary Limited, a company incorporated in South Africa to whom the Flow Platform is duly licensed;
“Flow Platform” includes the Flow Applications, Flow Websites and other secure, proprietary information technology hardware and software (licensed to or owned by Flow Living) and personnel through which Flow facilitates services and supplies;
“Flow Websites” means https://www.flow.rent and any other internet sites through which Flow Living makes its services available;
“Intellectual Property” means intellectual property owned by Flow Living, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights;
“Members” mean persons who have subscribed to Flow and been allocated an Account;
“Vouchers” mean digital representations similar to a currency which is binding on a particular rewards partner through that partner’s systems and protocols.
In this Agreement clause headings are for convenience and shall not be used in its interpretation, unless the context clearly indicates a contrary intention.
An expression which denotes:
any gender, includes the other genders
the singular, includes the plural and vice versa;
a natural person, includes a juristic person and vice versa;
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
CHILDREN ON FLOW WEBSITES
Whatever the age of consent in the country of visitors to Flow Websites, Flow Living is anxious that they should be protected from unsuitable content. To protect their children, visitors and users of the Flow Websites should know our policy, which is as follows:
Flow Living does not knowingly collect personal information from any person under the age of 18 years.
Any person of any age may may freely access any page of a Flow Website. Flow Living do not check identities nor necessarily moderate Flow Living Content.
It is a visitor or parent or guardian who provides access to Flow Websites for children in their care. It is for the child carer to check that the content is suitable for the children in their care.
Where links are concerned, child carers may like to check the privacy policies of those sites where children in their care might visit frequently to see how they collect and use information. Filer software may be useful.
Users and visitors acknowledge that Flow Living are not responsible for Flow Living Content that anyone places on Flow Websites or for the content accessed through any links.
Visitors and users now agree to waive any claim they may otherwise have against Flow Living on account of age-related suitability of Flow Living Content and to indemnify Flow Living against any claim made by any person on behalf of a child in their care.
Consumers who wish to register as Members must be over 18 years old and provide full and accurate information when applying for an Account. Membership is conditional on an Account being registered via the Flow Platform. User Members warrant the accuracy of the information provided.
An Account is linked to a specific email or number and password.
Flow Living will be gathering metrics from the use of its incentives with the objective to improve trust in its community of Members and landlords.
Members are rewarded for responsible and consistent use of the Platform and rent payment for residential property but if a Member fails to abide by the terms on which he or she is authorised to use a property, Flow Living may provide this information to its landlord clients and report such behaviour to credit ratings agencies.
Flow Living licenses parties to access the Flow Websites and Members to install and use the Flow Applications and enables the use of the Flow Platform provided that such use is for personal use and benefit of Members or visitors only.
Flow Platform Content may not be used or exploited for any commercial or non-personal purposes without the prior written consent of Flow Living.
Use of the Flow Platform is permitted for lawful purposes only. Unauthorised use of the Flow Platform includes posting or transmission of data which violates or infringes in any way upon Flow Living’s rights, Member rights, reward partner rights or third parties’ rights, which is unlawful, defamatory or otherwise objectionable. Unauthorised use of the Flow Platform may lead to Flow Living instituting legal proceedings against the offender.
All licenses and/or permissions granted by Flow Living are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Flow Living at any time and without prior notice or reasons.
Members and other users recognises that there may be a data charge by third party service providers in respect of the use of the Flow Platform. Flow Living provide the Flow Platform. It is the Member’s responsibility to acquire and maintain at their cost the necessary accessories and third party services, including specifically but not limited to data bearer services, to use the Flow Platform.
Points and Vouchers introduced via the Flow Platform will be subject to and in terms of the rules of participation of the rewards programs which will be published from time to time on the Flow Websites or electronically transmitted directly to Members from time to time.
These programs will be audited by Flow Living’s auditors in the interests of transparency and to protect the integrity of the business methodology.
Links may be provided to third party websites which are not under Flow’s control and Flow is not responsible for what is contained in these websites. The links are provided for your convenience and we do not endorse the security or integrity of these websites.
Flow takes all reasonable steps to check the authenticity and security of the platforms through which Members may make payment to landlords. It is a Member’s responsibility when using the third party payment platforms to ensure the accuracy and integrity of the information provided for payment and that payment has been duly processed.
Delivery on a Voucher is the responsibility of the reward partner. It is your responsibility to check any terms which may apply to such Vouchers (availability of stock etc.)
Intellectual Property including intellectual property in respect of the Flow Platform is the property of or is licensed to Flow Living and as such, is protected from infringement by the intellectual property laws of South Africa and by international legislation and treaties. Subject to the rights licensed to Members, Flow Living and / or its partners and affiliates reserve all other rights to all intellectual property in respect of the Flow Platform.
No person may amend, copy, use, decompile and / or reverse engineer the source code of the software making up the Flow Platform or otherwise use the Intellectual Property except as directly intended by this Agreement or in Flow Living’s interest.
No person may do anything or cause anything to be done which does or might reduce the value of the Intellectual Property and parties agree to notify Flow Living of any suspected infringement of the Intellectual Property.
Counterparties to these terms and conditions undertake, so far as concerns works provide or made available by Flow Living, they will not:
Use it in any way not anticipated by this Agreement;
Give access to it to any other person than the licensee;
In any way provide any information about it to any other person or person generally save as contemplated in this Agreement.
DISCLAIMERS AND LIMITATION OF LIABILITY
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All implied conditions, warranties and terms are excluded from this Agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
Flow Living makes no representation or warranties that the Flow Platform will be:
Useful to all visitors;
Of satisfactory quality;
Fit for a particular purpose;
Available without interruption or error.
Flow Living disclaims any obligation or liability to non-Members arising directly or indirectly from their use of the Flow Websites.
Flow Living’s liability to Members is limited to the aggregate of points awarded to a Member. Flow Living shall not be liable for any consequential, economic or other loss even if such loss was reasonably foreseeable or Flow Living knew it might be incurred.
Flow Living will take all reasonable steps to ensure that only reputable and authorised persons advertise and engage via the Flow Application and that the Flow Platform correctly records and facilitates transactions between Members and reward partners. But Flow Living is not liable for the performance of any such goods or services. Flow Living’s responsibility is limited to the integrity of the Flow Platform. Flow Living accepts no responsibility for third party advertisements posted on the Flow Websites.
Flow Living does not guarantee that transactions can be performed at all times. Flow Living is in no way liable for circumstances beyond its control, such as functioning of banking systems, payment provider systems, network failure, device malfunctions and other systems and equipment relevant to accessing the Flow Platform.
Complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, Flow Living gives no warranty or representation that the Flow Services will be wholly free from defects, errors and bugs.
An Account will be encrypted and access restricted by means of a password or other encryption measures. Flow Living will take measures, within reason, to ensure that the use of the Flow Applications is protected from unauthorised access and that the information provided by and collected from Members is not revealed to unauthorised recipients. Flow Living does not, however, warrant that these measures will result in information being absolutely secure.
Information, ideas and opinions expressed via the Flow Platform should not be regarded as professional advice or the official opinion of Flow Living and Members are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed via the Flow Platform.
Flow Living does not make any warranties or representation that content and services available via the Flow Platform shall in all cases be true, correct or free from any errors. Flow Living shall take all reasonable steps to ensure the quality and accuracy of content posted, by Flow Living to users.
Any offensive false or misleading content originating from anyone other than Flow Living is the responsibility of such person and Flow Living shall not be liable in any way for this content.
Members are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content to Flow Living and Flow Living undertakes, insofar as it is able, to correct and/or remove Flow Living Content found to fall within the aforementioned categories.
NOTICES AND DOMICILIUM
The Member choose his or her domicilium citandi et executandi (address for notices and communications) for all purposes under this Agreement at the address (including email address or mobile number) provided in the application.
This Agreement constitutes the entire agreement between the Parties in respect of the subject matter thereof and no other conditions, warranties and representations shall be of any force or effect other than those, which are included herein.
The platform and scope of business is constantly evolving. Flow Living may at any time amend these terms and conditions and will give Members reasonable notice of such amendments.
No alterations or variation to this Agreement shall be of any force or effect unless it is verified in writing by Flow Living.
No failure by a Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
Flow Living shall be entitled to without notice to Members cede or assign all or any of their rights and obligations hereunder.
Members shall not be entitled to cede or assign any of its rights or obligations under this Agreement without Flow Living’s prior, written consent.
In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable provided that the remaining provisions shall remain of full force and effect. If any valid term is capable of amendment to render it valid, the Parties agree to negotiate an amendment to render it valid.
The termination of this Agreement will not affect those provisions which of necessity must continue to have effect after termination.