Terms of Use

Flow Terms of Use

These Terms of Use apply to your access and use of the mobile applications, websites and mobile websites (collectively, the “Flow Apps”) owned, operated or provided by Flow Entertainment Limited (“Flow”, “We”, “Us” or “Our” hereafter), as well as all bookings made through the Flow Apps.

By accessing or using the Flow Apps or making any bookings through the Flow Apps, you agree to accept these Terms of Use and our Privacy Policy. If you do not agree to all of these Terms of Use, please do not access or use the Flow Apps or making any booking through the Flow Apps. By accepting these Terms of Use, you declare that you are a person of legal age and have the capacity to engage in a legal contract.

 

Bookings

The Flow Apps are part of a flexible online platform facilitating the processing and booking of hotels, hostels and commercial properties (collectively the “Venues”) for use of their space during the day and overnight. We do not provide, own or run any accommodation or property.

In making a booking, it shall be your responsibility to disclose to the Venue any requirements or special facilities that you or a member of your party may need as a result of any medical conditions or condition of any kind.

When you make a booking using the Flow Apps, you agree to enter into a contract with the Venue, but not Flow, as we are only acting as a technical solution provider for the Venue. It is the Venue's responsibility to provide you with the use of their space and we are not responsible for the fulfilment, quality, quantity or fitness for purpose of the use that is or may be booked through the Flow Apps.

 

Overbooking and cancellation

Any booking of a Venue through the Flow Apps is definitive. On making a booking, you will be required to pay the full amount as set out for the booking in the Flow Apps, which will always be non-refundable unless the Venue is not able to honour your reservation, in which case you may cancel the booking by contacting us immediately, and we will work with you and the Venue to find you alternative space (such as an available room at a different location). We may, in our sole discretion, provide cancellation credits for future bookings through the Flow Apps as an alternative. There will be no additional charges for cancellations or no-shows but you will not be refunded the cost of any part of your booking in any circumstances other than the Venue failing to honour your reservation.

 

Payment method and security

In the Flow Apps you will find different forms of online payment during the booking process. Such online payment is made through secure and reliable online payment platforms.

We make reasonable efforts to ensure that all credit card and debit card transactions carried out via the Flow Apps are secure. However, if unauthorised charges appear on your credit card or debit card statement for any card used on the Flow Apps at any time during or after you make your booking, conduct your transaction or disclose your card details in the Flow Apps, Flow shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of our negligence and subject to any statutory rights which you may have.

 

Liability

Flow strongly condemns all illegal activities contrary to local legislation and agrees to fully cooperate with the relevant authorities if suspicions of any illegal activities are detected as part of the activities of the Flow Apps.

In the event of a problem arising with your use of space or other services provided by the Venue, you should contact the Venue. If there is a problem arising with the booking process that you have made via the Flow Apps please contact us directly via support@flowtheroom.com.

In our agreement with the Venues providing space using the Flow Apps, the Venues are required deal with the bookings in relation to them in accordance with all the information contained in the bookings, including supplementary information and reasonable wishes made known by the users/customers. If this is not the case, please send us an email at support@flowtheroom.com.

Neither we nor any of our directors, employees, affiliates or other representatives will be liable to you (or any member of your corporate group, your affiliates or any other person or party who has an interest in the booking) for: (i) indirect, punitive, special or consequential loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, goodwill or (iii) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or the materials offered through the Flow Apps, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.

Our maximum aggregate liability to you (and any other party that has an interest in the booking) in relation to any booking made through us or the Flow Apps (whether in contract, tort or otherwise) shall be limited solely to the value of the payment that has been made for that booking.

While our agreement with the Venues requires that the Venues shall display prices which are inclusive of all service charges and surcharges, the price displayed in the Flow Apps is ultimately the responsibility of the Venues rather than ours. You acknowledge that we shall not have liability to you in respect of any attempt by the Venues to charge additional service charges and surcharges on you at the point of payment as a supplement to the price displayed and your sole recourse in this regard will be against the Venues.

 

Intellectual Property Rights

The Flow Apps are made available for personal and non-commercial use to make bookings in accordance with these Terms of Use. The information, content, graphics, text, images, trademarks, trade names and logos (collectively "Contents") contained in the Flow Apps are protected by copyright, trademarks, database rights, and any other intellectual property rights, and are the exclusive property of Flow or their licensors. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Contents, except for their intended manner in accordance with these Terms of Use.

 

User Generated Content

You may be allowed to post content, reviews, messages, photos, materials or other information (collectively “User Content”) in certain parts of the Flow Apps. You represent and warrant that the User Content you post does not contain anything illegal, defamatory, obscene or offensive, as well as anything that may infringe any patent, trademark, trade secret, copyright or other intellectual, proprietary or data protection rights of any party. We accept no responsibility and liability for any User Content of any kind that is posted, stored or uploaded by you or any third party in the Flow Apps, or for any loss or damage caused as a result thereof. You agree to grant us a non-exclusive, royalty-free, perpetual, global, transferable, worldwide and irrevocable right and license to use, copy, modify, alter, edit, remove, publish, create new derivative works from, make available and display your User Content, and include your User Content into other works, for any business related purposes, including but not limited to promotional and marketing purposes.

 

Amendments of Terms of Use

In order to improve the services, information and/or materials provided through the Flow Apps, Flow may amend the Terms of Use and/or the contents of the Flow Apps for any reason without prior notice and without liability to you. By amending the Terms of Use set forth in the Flow Apps, we fulfilled the duty of notification. All amendments to these Terms of Use are effective immediately once they are posted in the Flow Apps. By continuing to access or use the Flow Apps following our posting of any amendments to these Terms of Use, you are deemed to have accepted the amendments. You should check these Terms of Use for any changes each time you access the Flow Apps.

 

Relationship of Parties

These Terms of Use do not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between Flow and users/customers other than the contractual relationship expressly provided for the Terms of Use. Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf.

 

Binding Arbitration

You agree that any dispute, controversy, difference or claim arising out of or relating to these terms of Use, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the law of Hong Kong. The seat of arbitration shall be Hong Kong.

 

General

If any of these Terms of Use becomes invalid or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.

Our failure or delay to enforce any one or more of these Terms of Use shall not operate as a waiver thereof, or of the right to subsequently enforce any of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong.

In case of conflict between the English and any other language versions of these Terms of Use, the English version shall prevail. Headings in this Terms of Use are inserted for convenience only and shall not affect the interpretation or construction of these Terms of Use.

 

Disclaimers

Whilst Flow will endeavour to ensure the accuracy and reliability of the websites, services, information and materials provided via the Flow Apps, it may, on occasions, be necessary to close or suspend provision of any of the websites, services, information or materials provided via the Flow Apps for the purposes of repair, maintenance or development. To the fullest extent permitted by the applicable laws, we expressly disclaim all conditions, undertakings, representations and warranties of any kind (whether express or implied) in relation to the websites, services, information and materials provided via the Flow Apps. These include any implied conditions and warranties of accuracy, quality, completeness, timeliness, adequacy, reliability, validity, or fitness for a particular purpose.

You understand and agree that your use of the websites, services, information and materials provided via the Flow Apps is at your sole risk and that the websites, services, information and materials provided via the Flow Apps are provided on an “as is” and “as available” basis.

We make no representations or warranties that your use of the websites, services, information and materials provided via the Flow Apps will be uninterrupted, timely, secure or error-free, nor that such websites, services, information and materials are free of any Disabling Codes or other destructive properties, which may adversely affect your hardware, software or equipment including your mobile device or any data transmitted, stored or processed in relation to the Flow Apps.

 


 

Flow Rewards Program Terms of Use

Please read these Terms of Use for Flow Rewards program carefully. By accessing or using this promotional program, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not participate in this program.

 

These Terms of Use apply to your access to, and participation in, the Flow Rewards program (“Flow Rewards”) which is operated by Flow Entertainment Limited (“Flow”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Flow for products, services or otherwise. Flow reserves the right to change, modify and/or terminate the Flow Rewards and/or these Terms of Use or any policy, FAQ, or guideline pertaining to Flow Rewards at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions in the Flow mobile application distributed by Flow in Hong Kong (“Flow Mobile App”), and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Flow Rewards confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review these Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to Flow Rewards. If you do not agree to the Terms of Use, you must stop participating in Flow Rewards.

 

Flow Rewards is not targeted towards, nor intended for use by, anyone under the age of 18. If you are between the ages of 13 and 18, you may only use Flow Rewards under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

 

Please read the Privacy Policy carefully to understand how Flow collects, uses and discloses information about its customers.

 

Flow Rewards Program Overview

Flow Rewards is one way in which Flow endeavours to reward and thank loyal customers for patronizing with Flow Mobile App. To enroll in Flow Rewards and receive program benefits, you will first need to create and activate an account with the Flow Mobile App. “Activation” means that you have verified and tied a phone number to your Flow Rewards account through the Flow Mobile App.

 

The account opening process may require that you provide the following information: username, password, email address (required in order to receive all eligible benefits), mobile number (required in order to receive all eligible benefits), birthday month and name.

 

Flow Rewards benefits are determined based on the amount of “spending” you made and the number of “Reward Points” that you earned through your spending with your activated and registered Flow Rewards account. A “Reward Point” for purposes of Flow Rewards means each time you use your activated and registered Flow Rewards account to pay for a transaction through the Flow Mobile App only. For each qualified purchase, you will receive one (1) “Reward Point” for each HK$50 spent in Hong Kong, except during limited time promotions when Flow may offer “Bonus Reward Points” on featured products and/or services. Reward Points are for promotional purposes only and have no cash value. You can use any activated, registered Flow Rewards account to earn Reward Points for your spending. Please note that spending will only be calculated and Reward Points accumulated after the Flow Rewards account is registered and activated through the Flow Mobile App.

 

Currently, there are three (3) levels of benefits in Flow Rewards which are determined by the number of Reward Points that you accumulate in your account. By creating and activating an account, you will be automatically enrolled in Flow Rewards at the Silver Level. Earn at least one hundred (100) Reward Points within the twelve (12) months’ period following your enrollment date and you will proceed to the Gold Level. If you earn at least two hundred and fifty (250) Reward Points within the 12 months’ period following your enrollment date, you will qualify for the Diamond Level. A membership year runs for a year from the enrolment date you first created an account, and each anniversary after that. A benefit Level will last for the rest of that membership year and the whole of the following membership year. 

Once you reached a specific Level within Flow Rewards, you will receive the benefits that are applicable to that Level only. However, you must continue to accumulate Reward Points in order to maintain your benefit Level:

To maintain the Silver Level, you only need to create and activate your Flow Rewards account through the Flow Mobile App.

To maintain the Gold Level, you must earn at least one hundred (100) new Reward Points during the next membership year after you reached the Gold Level. If you do not obtain 100 Reward Points during that membership year, you will be placed at the Silver Level of Flow Rewards the following membership year, and your Reward Point balance will revert to zero. 

To maintain the Diamond Level, you must earn at least two hundred and fifty (250) new Reward Points during the next membership year after you reached the Diamond Level. If you do not obtain 250 Reward Points during that membership year, you will be placed at the Gold Level of Flow Rewards the following membership year, and your Reward Point balance will revert to zero. 

Please note that “Reward Points” accumulated during each membership year will only be valid for that membership year, and the balance of which will revert to zero upon the start of the following membership year.

Benefits that are applicable to different Levels under Flow Rewards are listed in the Flow Mobile App.

 

Miscellaneous

There are no membership fees associated with Flow Rewards. Reward Points accumulated under the program have no cash value.

Flow may introduce promotion programmes relating to Flow Rewards whereby these Terms of Use may be varied as applicable to such programmes.

Your Reward Points, benefits and your account under Flow Rewards are personal to you, and except expressly permitted under these Terms of Use or the rules of a promotional programme, may not be sold, transferred or assigned to, or shared with family, friends or others.

Flow reserves the right to terminate your account and/or your participation in Flow Rewards if Flow determines in its sole discretion that you have violated these Terms of Use, or that the use of your account is unauthorized, fraudulent or otherwise unlawful.

Flow also reserves the right to “unregister” and make ineligible for Flow Rewards any account that has been inactive for two (2) consecutive years. Inactive is defined as no purchase activity.

Flow reserves the right to terminate, discontinue, modify or cancel Flow Rewards at any time and in its sole discretion without notice to you.

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Flow Ent. All rights reserved.