FLOW LIVING (PTY) LTD

STANDARD TERMS OF USE

1. INTRODUCTION

  1. Flow Living (Pty) Ltd ("Flow” we" or "us") hosts various Platforms under domain namewww.flow.rent ("the Platform").
  2. Flow’s core business is to facilitate the matching of people to property and Brands (“Flow Partners”) to people.
  3. As part of the Platform, Flow lists Clients’ properties (“Listings”), and markets same to the general public on behalf of its Clients by way of FLOWFUEL and the Platform.
  4. Flow’s proprietary technology FLOWFUEL is API integrated into various social and search platforms; amongst others; Facebook, Instagram, Google, resulting in Flow leads emanating thereout directly into Flow’s Platform and automatically pushed to Flow Clients in real time.
  5. These Standard Terms of Use include, and must be read together with, Flow’s Privacy Policy available at www.Flowliving.com/privacypolicy.html (collectively "STC's").
  6. Flow may amend these STC's at any time.
  7. IF USERS ARE READING THESE TERMS AS A RESULT OF CLICKING ON A FACEBOOK OR INSTAGRAM AD, WHICH IS SUGGESTING THE T&C’S ARE THAT OF AN ESTATE AGENT/LANDLORD OR FLOW PARTNER, IT IS BECAUSE THE ESTATE AGENT/LANDLORD OR FLOW PARTNER IS USING THE PLATFORM IN WHICH EVENT THESE TERMS APPLY.

2. APPLICATION TO CLIENTS AND USERS

  1. For Clients that place Listings on the Platform, these STC's together with the signed agreement ("the Contract") concluded between Flow and each Client shall apply . If there is any discrepancy or conflict between these STC's and the Contract, the provisions of the Contract will apply.
  2. For other users, by logging in, registering on, accessing or simply using the Platform, all persons making use of the Platform ("Users") agree to be bound by these STC's, except those provisions which, explicitly or implicitly, only apply to Clients.
  3. The Platform is only available only to Users/Clients over the age of legal majority of 18 years who can form legally binding contracts.

3. FLOW'S GENERAL OBLIGATIONS AND WARRANTIES

  1. FLOW must provide the following services to the Clients and Users:
    1. display on the Platform and, if deemed suitable by FLOW, such Listings as provided to it by the Client from time to time.
    2. market Client properties, in terms of the Contract.
    3. Allow Users to search for properties and engage directly with Estate Agents; Landlords and Flow Partners or as otherwise determined by Flow from time to time.

4. USE OF THE PLATFORM

  1. Each User acknowledges that Flow does not verify or warrant the accuracy or completeness of the Listings or other information on the Platform.
  2. A User who clicks on a FLOWFUEL Ad on any of the related social or search platforms, Acknowledges and accepts that they may receive marketing material from Flow, the Estate Agent/Landlord and Flow Partner, as the case may be, and in all instances the User shall have the right to “opt-out” from said communication.
  3. Flow uses "cookies" on the Platform to; amongst others; enable it to personalise each User's visit to the Platform; to personalise each User’s email, sms or the like which the User shall receive in terms of the Flow user journey; simplify the signing-in procedure where relevant; keep track of User preferences and to track the usage thereof. Cookies are small pieces of information that are stored in the hard drive of the User's computer by the browser. The browser will have the option to prevent Platforms using cookies, but this may reduce the functionality of the Platform.
  4. A function of the Platform is to send a receipt (via email, sms or other) to the User once they have submitted their personal details to an estate agent/landlord wherein Flow places marketing material of a Flow Partner, which can also be found at www.flowliving.com/partners.
  5. No User/Client may:
    1. disguise the origin of information transmitted through the Platform; nor
    2. place false or misleading information on the Platform; nor
    3. use or access any service, information, application or software available via the Platform in a manner not expressly permitted by Flow; nor
    4. input or upload to the Platform any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or the Platform; nor
    5. upload any Personal Information or other data that infringes the intellectual property rights or privacy rights of another; nor
    6. link any page on the Platform without Flow's prior written consent. The Platform contains links to other third party websites over which Flow has no control. Flow does not recommend any product or service advertised on those websites and the User uses them at its own risk.

5. INDEMNITIES AND WAIVERS

  1. Each Client and User hereby acknowledges that:
    1. Flow is not an estate agent, landlord, Partner, attorney, financial adviser or other professional adviser in relation to any property transaction;
    2. each User is responsible for the negotiation and conclusion of any agreements that may result from the Listings on the Platform or any engagement with a Flow Partner;
    3. there is no obligation on a Client/User to make use of any of the Flow Partners on the Platform;
    4. Flow does not regulate or take any responsibility for the content, accuracy or completeness of the Listings, the Client's/User's information or for the security of the Client's/User's passwords in respect of the Platform.

6. WAIVER

  1. Each User and Client hereby waives any rights or claims it may have against FLOW in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered as a result of the User's or Client's use or inability to use the Portal or the services or content provided from and through the Portal.

7. CONFIDENTIALITY

  1. Flow undertakes to:
    1. keep confidential all Client and User information;
    2. not disclose the Information to any Estate Agent/Landlord of Flow Partner unless the User has elected to do so on their own accord via the Platform;
    3. use the Information solely in connection with the implementation of the Platform.

8. INTELLECTUAL PROPERTY INDEMNITIES

  1. All the content on the Platform, including any and all graphics, text, icons, photographs, videos, hyperlinks, private information, designs, trademarks, software, databases, agreements, the name "Flow and Flowliving" and the associated logo (which are both registered trademarks) the Platform source code, copyrights and any modifications and/or upgrades thereto, is the intellectual property of Flow.
  2. The Clients and Users may not reverse-engineer or attempt to copy or emulate the Platform in any way. The Client and Users may not use any automatic device or manual process to monitor or copy any part of the Platform.

9. DISPUTES

  1. Either party may refer any dispute which arises out of the use of this Platform to the other party for resolution and the parties must meet within 10 (“ten”) Days thereof to resolve the matter or to agree on alternate dispute proceedings, failing which either party may take any action appropriate. If the parties elect arbitration, the arbitration must be in Johannesburg, South Africa, before a single arbitrator. This clause does not prevent either party from applying to any court having jurisdiction for appropriate urgent relief.
  2. South African law governs the interpretation of these T&C’s.

10. GENERAL

  1. These terms constitute the entire agreement between Clients, Users and Flow 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.
  2. The Platform and scope of business is constantly evolving. Flow may at any time amend these terms and conditions.
  3. No alterations or variation to these terms shall be of any force or effect unless it is verified in writing by Flow.
  4. No failure by a Party to enforce any provision or term 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.
  5. Flow shall be entitled to, without notice, cede or assign all or any of their rights and obligations herein.
  6. In the event that any of the terms herein 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.