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.
For purposes of becoming a Member - by completing your
information in the application and clicking
“accept”/ or similar wording
on your device you, are agreeing to and will be bound by our
to visitors and users of our Platform and certain terms are
specific to Members.
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.
We may collect and process your personal information in
connection with your use of our Platform and more particularly
in connection with your registration, access to and use
thereon. By using our Platform and completing the registration
process you are consenting to provide such personal
information. Registration as a Member may include a credit
assessment. Our collection and processing of personal
information is governed by our
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
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
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
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
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
“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
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
This Agreement shall be governed by and construed and
interpreted in accordance with the laws of the Republic of
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.
Members consent to Flow Living doing a credit check,
consumer profile analysis and any other verification which
Flow Living may in its reasonable discretion require. Flow
Living may require information in terms of the Financial
Intelligence Centre Act 38 of 2001 (as amended). Members are
referred to Flow Livings
regulates the storage and use of information provided.
An Account is linked to a specific email or number and
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
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
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.