Legal documents

  1. INTRODUCTION
    1. Flow is a business name of PLP SA Pty Limited.
    2. The Flow Platform is offered as an online service by PLP ("PLP") to employers/organisations as a means to provide comprehensive well-being to their employees.
    3. The following terms and conditions pertain to understanding and making the most of the membership benefits. These terms and conditions constitute an agreement between PLP and the Client governing the rights and obligations of both parties each time the Client or it’s beneficiaries accesses the Flow Platform.
    4. By joining and accessing the Flow Platform, the Client confirms that it has read, understood, and agreed to be bound by these terms and conditions, as they may be amended from time to time and available on the Flow Website (https://flowforyou.app ).
  2. INTERPRETATION
    In this Agreement, unless otherwise indicated by the context:
    1. the singular shall include the plural and vice versa;
    2. one gender shall include the other genders and vice versa;
    3. natural persons shall include legal and juristic persons and vice versa; and
    4. where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
  3. DEFINITIONS
    1. ”Agreement” means these terms and conditions together with those on the New Client Application Form;
    2. “Beneficiary” means a person who is entitled to be access the Flow Platform as determined by the Client and duly communicated to PLP;
    3. “Client” means any employer/organisation who has successfully joined the Flow Platform and has paid the Setup Fee;
    4. “Credits” means a form of currency which the Client can allocate to Beneficiaries and/or Users and that can be used to access the benefits on the Flow Platform;
    5. “E-Card” means a digital greeting card that is sent through the internet;
    6. “Float” means the amount and value of Credits in a Client’s Account at any stage;
    7. “Flow Account” means a virtual account on the Flow Platform that the Client can access using its unique username and password;
    8. “Flow Platform” means the digital programme offered to the Client by PLP in terms of this Agreement;
    9. “Flow Website” means the website having the address https://flowforyou.app;
    10. “Monthly Fee” means the monthly consideration payable by the Client to PLP in terms of this Agreement;
    11. “PLP” means PLP SA (Pty) Limited (with South African registration number 2016/114127/07);
    12. “Rewards” means financial rewards given by Vouchers and/or Credits;
    13. “Setup Fee” means the initial fee to join and set up the Flow Platform for the Client as specified in this Agreement;
    14. “User” means a person authorised by a Client to have administrative rights to the Flow Platform as envisaged in clause 5.9;
    15. “Vouchers” means a digital voucher that can be used to purchase the goods or services specified therein.
  4. REGISTRATION
    In order to register as a Client, you are required to:
    1. complete the New Client Application form; 
    2. pay the Setup Fee; and 
    3. pay the Monthly Fee.
  5. CONDITIONS OF MEMBERSHIP
    1. PLP is solely entitled to determine who will be entitled to register as a Client.
    2. A Client can purchase Credits for the amount specified in writing by PLP from time to time on the Flow Website on its unique Flow Account, and shall select what type of Credits it wishes to purchase and how many of each type (Vouchers and/or Credits). A  Client will be entitled at any stage to top up its Float by purchasing further Credits.
    3. Payment shall be made into the account specified by PLP which account shall initially be as follows;
      1. Bank Name Standard Bank of South Africa
      2. Account Name PLP SA (Pty) Ltd
      3. Account Number 21612455
      4. Branch Code 018005
    4. Once the relevant payment made by the Client is reflected in PLP’s bank account it shall cause the Credits to reflect in the Client’s Flow Account.
    5. The Client will determine who its Beneficiaries will be, and the relevant criteria to qualify as a Beneficiary, and will register such Beneficiaries on its Flow Account. The registration and ongoing membership of the Beneficiary shall at all times be subject to the Protection of Personal Information Act and any other privacy legislation from time to time.
    6. The Client and PLP, in dealing with the data and information of the Beneficiary shall at all times be bound by the data provisions as described in Clause 5.5 and PLP shall at all times ensure that the Beneficiary information will be kept secure whether it be stored on its database, website and server and shall ensure adequate security measures remain in place to safe guard against any unauthorised access therein.
    7. The Client shall be solely responsible for recording the correct details of Beneficiaries and for keeping the details up to date at all times.
    8. The Client shall administer its Flow Account on the Flow Platform where it shall enter which Users have administrative rights and authority to purchase and/or manage Rewards, and in particular which Users shall have full control; can only deliver Rewards; can only purchase Rewards; can only add Beneficiaries; or any combination thereof. PLP shall provide every User with a unique username and password.
    9. The use of the Flow Platform shall be at the Client's own initiative and risk and PLP shall have no liability of any nature at any time inclusive of but not limited to in the event of:
      1. the temporary downtime of the Flow Platform;
      2. a failure of performance of a third party service provider;
      3. the incorrect details of a Beneficiary being recorded or of a Beneficiary’s details not being kept up to date; 
      4. the unauthorised use by any person of User’s username and password unless it is due to the fault of PLP.
    10. PLP may send the Client various marketing communications and updates pertaining to the Flow Platform at its sole discretion. Should the Client not wish to receive such communications or updates it is entitled to opt out by informing PLP via email, in which event PLP undertakes to refrain from sending any such material.
    11. The Client may cancel its membership at any time on the Flow Platform by sending an email to support@flowforyou.app informing it of its intention to cancel its membership by giving 1 (one) calendar months’ notice. For the avoidance of doubt the Monthly Fee shall apply during the 1 (one) calendar months’ notice period and shall still be entitled to access those services as provided for via any Credits or Float available at the time.
    12. PLP shall have the right to deregister the Client from the Flow Platform:
      1. for any reason, including for convenience, by giving it 60 (sixty) days prior written notice during which time the Client or the Beneficiary as the case maybe shall still be entitled to access those services as provided for via any Credits or Float available to such Client at the time ;
      2. immediately, in the event of non-payment of the Monthly Fee; or 
      3. immediately in the event of the frequency and/or volume of delivery of E-Cards by a Client or a User being too high, in the sole but reasonable discretion of PLP;
      4. immediately in the event of a breach by the Client of any term of this Agreement where such breach is not remedied to the satisfaction of PLP upon written notice to such Client;
      5. immediately if PLP believes, in its reasonable discretion, that the Client, a User or a Beneficiary has brought the name of PLP into disrepute (in which event PLP shall be entitled to claim damages against the offending party).
    13. If the Client membership is cancelled PLP shall provide an additional period of up to 3 months’ access to the Flow Platform to enable the use of any unused Credits , if applicable, save that if cancellation is in accordance with clauses 12.3 to 12.5 inclusive then any unused Credits shall be forfeited by the Client.
    14. PLP may set off the value of the Credits calculated in clause 5.13. against any amount that may be due to it.
    15. If a Beneficiary no longer qualifies to be a Beneficiary, any unused Rewards that have been allocated to such Beneficiary, but not yet used shall be returned to the Client’s Float.
    16. The Monthly Fee will be reviewed annually or at any other intervals as determined by PLP who shall be entitled to increase such fee at its sole discretion. PLP shall notify the Client in writing at least 30 (thirty) days prior to such increase being effected.
      1. The Client is not entitled, without the prior consent of PLP in writing, to:
      2. customise or change any aspect of the Flow Platform;
      3. on sell any Credits to any third party ; and/or
      4. use the Credits or the Flow Platform for any marketing purposes.
    17. PLP will not be liable for any loss, expenses, claim(s) or damage, whether direct, indirect or consequential, arising from the use of the Flow Platform and or any of the relates services therein and the Client accordingly indemnifies PLP against all and any such losses, expenses, claim(s) or damages, provided that such loss was not suffered due to the wilful negligence of PLP.
    18. Each party shall be responsible to apply all applicable laws, tax liabilities and deductions that apply to it.
    19. PLP reserves the right, by giving the Client 30 (thirty) days’ prior written notice to:
      1. amend this Agreement;
      2. change the Terms and Conditions;
      3. terminate the Flow Platform.
    20. PLP and the Client agree to act in good faith to each other and to Beneficiaries. 
    21. PLP has the right to log in the Flow Account of the Client for the purpose of reviewing the compliance by the Client to those obligations as provided for herein.
    22. The Flow Website is designed to operate in the latest browsers and the Client shall at all times be liable for software updates to the latest web version for optimum operation and display. 
    23. The Client hereby warrants that it has the required legal capacity to enter into and be bound by the terms of this Agreement .

      24. FLOW ASSIST

      The use of the Platform shall be at the Beneficiary’s own initiative and risk and by accessing and using the Flow Platform or related services the Beneficiary agrees to be bound by any terms and conditions associated with the Flow Platform or those terms and conditions of its third party service providers as the case may be

    24. PLP makes no representations, gives no warranty of any kind, express or implied, regarding the suitability or performance of the Flow Platform or its third party providers to the Beneficiaries and ;
      1. makes no specific promises regarding the services, their reliability, availability, whether they are fit for purpose or of their ability to meet the Beneficiary’s needs; and
      2. accepts no Liability of any nature, including for any Loss arising from the Beneficiaries use of the services.
    25. The benefits derived from the Flow Platform are subject to availability, although a best effort alternative or substitute goods or services may be investigated or offered should availability be limited.
    26. Service providers are requested to participate in the Flow Platform and PLP shall have no Liability of any nature arising from any service providers that:
      1. decline acceptance of any booking or other Transaction; or
      2. cause any Loss by the omission or commission of any act.
    27. The Beneficiary shall be responsible for the payment of any goods and services bought and used as a result of making use of the Platform or of any third party provided goods and services provided to the Beneficiary therein.
    28. Transactions processed within the Republic of South Africa may reflect the entry ‘Hey Jude’ on Beneficiary’s bank statements.
    29. Transactions processed outside of the Republic of South Africa may reflect the entry ‘Sorted Technology’ on Beneficiary’s bank statements.
    30. The Beneficiary understands and agrees that goods or services purchased from any service providers may be governed by separate terms and conditions of such service providers and the Beneficiary shall be bound by same.

      31. FLOW REWARDS

    31. The Client may elect for Rewards to be delivered at its discretion to any Beneficiary of its choice, in which event a User with the required authority shall notify PLP on the Flow Platform , using the prescribed method, to deliver the relevant Reward to a Beneficiary.
    32. Rewards can be redeemed by a Beneficiary on the Flow Platform where the Beneficiary has registered on the Flow Platform with a valid cell phone number and email address. PLP undertakes that it will not conduct any marketing or provide the contact details of any Beneficiary to any third party without the explicit, prior consent of the specific Beneficiary concerned.
    33. PLP may notify a Beneficiary by mobile telephone text message when a Voucher is delivered to the Beneficiary that it may expire after within a given period of time.
    34. The Client and each User is solely responsible for the allocation and management of the Rewards in the Client’s Flow Account.
    35. Once a Reward has been delivered it cannot be changed or withdrawn and PLP shall have no liability for the delivery of any incorrect Rewards by a User or Beneficiary.
    36. The use of the Flow Platform shall be at the Client's own initiative and risk and PLP shall have no liability of any nature including in the event of:
      1. the temporary downtime of the Rewards Programme;
      2. a failure of a communications network to deliver an E-Card or Reward;
      3. a lost or deleted Rewards voucher or E-Card;
      4. the non-delivery of an E-Card that cannot be delivered due to a firewall or technical problem on Client or Beneficiary devices;
      5. a Voucher that has not been redeemed within its validity period; and/or
      6. the content of any message in an E-Card that has not been inserted by PLP.
    37. The Vouchers are subject to availability.
    38. PLP will not be liable to the Client or a Beneficiary for any supplier or service provider that declines to honour a Voucher for any reasons whatsoever.
    39. The Vouchers are not exchangeable for cash or for resale.
    40. Flow Gift Card terms and conditions (If applicable).

    FLOW WELLNESS

    The following terms apply to any wellness products or services provided by the relevant third party service provider that may be redeemed by a User or a Beneficiary using the Flow Platform.

    • Processing Through Al Services:

      We process personal information through our Al services to offer mental health coaching and support. This includes any information you choose to share with our Al chatbot, which is used to provide immediate and effective assistance.

    • Mental Health Check-ins:

      We occasionally send mental health check-ins to ensure your well-being. The data collected from these check-ins is stored securely.

    • Analytics and Improvements:

      We may use the collected information for analytical purposes, such as understanding usage trends, assessing the effectiveness of our services, and making improvements to enhance user experience. We may use a variety of online analytics products that use cookies to help us analyse how users use our Services and to improve your experience when you use the Services.

      • 1. Third-Party Services:

    • Language Models:

      Our Al chatbot makes use of third-party language models to offer mental health coaching. By using our services, you consent to sharing personal information with our Al in return for its services.

    • Booking Platforms:

      We use third-party booking platforms to ensure seamless bookings. These service providers may have access to your personal information as necessary to perform their functions but are obligated to maintain the confidentiality and security of your information.

    • Data Sharing:

      We do not share data with other companies, even if you are using the service as an employee. Your personal information, including your name, profile picture, and scoring-related data, is stored securely.

    • Limitations:

      Our Al chatbot provides immediate mental health support but does not take responsibility for suicide or any other related issues. We do not assume responsibility for any outcomes arising from interactions with our services. Flow and its Al services are not a substitute for professional medical advice, diagnosis, or treatment.

At Flow, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, and disclose information when you use our services or visit our Flow Platform. By accessing or using our services or those of our third party service provider, you agree to the terms and conditions outlined in this policy.

Our websites are hosted in South Africa. We also use outsourced services in countries outside South Africa from time to time in other aspects of our business. Accordingly data obtained within South Africa may be “processed” outside South Africa and data obtained in any other country may be processed within or outside that country.

INFORMATION WE COLLECT:

Account Information:

When you create an account with us, we will collect information associated with your account, including your name, contact information, account credentials, payment card information, and transaction history (collectively, "Account Information").

  • User Content:

When you use our Services, we collect Personal Information that is included in the input, file uploads, or feedback that you provide to our Services ("Content").

  • Communication Information:

If you communicate with us, we collect your name, contact information, and the contents of any messages you send ("Communication Information").

  • Technical Information:

Personal information we receive automatically from your use of the Services: When you visit, use, or interact with the Services, we receive the following information about your visit, use, or interactions.

  • Log Data: Information that your browser or device automatically sends when you use our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our Services.
  • Usage Data: We may automatically collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection.
  • Device Information: Includes name of the device, operating system, device identifiers, and browser you are using. Information collected may depend on the type of device you use and its settings.
  • Cookies: We use cookies to operate and administer our Services and improve your experience. A "cookie" is a piece of information sent to your browser by a website you visit. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. However, refusing a cookie may, in some cases, preclude you from using or negatively affect the display or function of a website or certain areas or features of a website.

HOW WE USE YOUR INFORMATION:

  • Provision of Services:

We use the collected information to provide and improve our services, personalise your experience, and communicate with you about your mental health and / or support options. This includes responding to inquiries, fulfilling your requests, and sending you important updates.

  • Legal Compliance and Protection:

We may disclose your information if required by law, legal process, or governmental request. We may also disclose your information to protect our rights, privacy, safety, or the rights, privacy, or safety of others.

  • Data Security:

We employ reasonable security measures to protect your personal information from unauthorised access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is entirely secure, and we cannot guarantee absolute security.

YOUR CHOICES:

  • Account Information:

You may review, update, or delete your account information by logging into your account settings or contacting us directly. Please note that certain information may be retained for legal or legitimate business purposes.

  • Communication Preferences:

You can opt out of receiving non-essential communications from us by following the unsubscribe instructions provided in those communications. However, we may still send you important updates and mental health-related communications necessary for the provision of our services.

  • Children's Privacy:

Our services are not intended for individuals under the age of 18. We do not knowingly collect personal information from individuals in this age group. If we become aware that we have collected personal information from a child under 18 without parental consent, we will take steps to delete such information.

  • Changes to this Privacy Policy:

We may update this Privacy Policy from time to time to reflect changes in our practices or legal obligations. We will notify you of any material changes by posting the revised policy on our website or through other communication channels. We encourage you to review this Privacy Policy periodically for the latest information.

The entire provisions of this agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Access to and use of the Flow Platform and its related products and services is subject to the terms and conditions of this agreement and where relevant those further terms and conditions as described in any third party service provider terms and conditions of use including but not limited to the terms and conditions / privacy policy / cookie policy / and any other polices of;

https://heyjudeapp.com/

https://www.rewarded.co.za/

https://www.ollie.health/

By using PLPs services or those of its third party service providers , you acknowledge that you have read and understood the Terms and Conditions and the Privacy Policy and consent to the collection, use, and disclosure of your information as described herein.