1. Introduction
Welcome to Flow Africa ("Company", "we", "our", "us"). These Terms and Conditions govern your use of the Flow Africa website and mobile application (collectively, the "Platform"). By accessing or using our Platform to book or provide services, you agree to be bound by these Terms.
2. Role of Flow Africa (SaaS Intermediary)
Flow Africa operates strictly as a Software-as-a-Service (SaaS) online booking and scheduling intermediary. We provide a technical interface connecting customers with independent third-party service providers ("Providers").
- No Employment Relationship: Providers are independent contractors, not employees or agents of Flow Africa.
- Disclaimer of Services: Flow Africa does not provide the actual services and is not responsible for the quality, safety, legality, or fulfillment of the services booked.
3. User Accounts and Provider Obligations
- Provider Registration: Providers must submit accurate details, including a valid Kenya Revenue Authority (KRA) PIN.
- Prohibited Services: The Platform must not be used to offer illegal, escort, or sexually explicit services. Violation results in immediate account termination.
⛔ Prohibited Services: The Platform must not be used to offer illegal, escort, or sexually explicit services. Violation results in immediate account termination.
4. Bookings, Payments, and Total Financial Exoneration
Flow Africa is strictly an intermediary scheduling platform and is not the merchant of record.
- Direct Disbursements: All M-Pesa payments made by the User are routed directly to the respective independent Service Provider. Flow Africa does not hold user funds in escrow.
- Zero Refund Liability: Consequently, Flow Africa assumes absolutely zero liability for refunds, cancellations, chargebacks, or unfulfilled appointments (Provider "No-Shows").
- Dispute Resolution: Any financial dispute, request for a refund, or claim for compensation must be directed entirely and exclusively to the specific Service Provider. Flow Africa cannot and will not issue refunds or platform credits under any circumstances.
⚠️ Zero Refund Liability: Flow Africa assumes absolutely zero liability for refunds, cancellations, chargebacks, or unfulfilled appointments.
5. Absolute Limitation of Liability and Indemnification
- Limitation of Liability: To the maximum extent permitted by Kenyan law, Flow Africa shall bear absolutely no liability for any direct, indirect, incidental, punitive, or consequential damages, injuries, or losses arising from the provision, or failure of provision, of any service booked via the Platform.
- Indemnification: Users and Providers jointly and severally agree to fully indemnify, defend, and hold harmless Flow Africa, its directors, and employees from any claims, disputes, legal fees, or liabilities originating from the actual services rendered or the interaction between the User and the Provider.
6. Force Majeure (Total Exemption of Responsibility)
Flow Africa is completely exonerated and shall not be held liable for any interruption, delay, or total failure of the platform or associated services resulting directly or indirectly from events beyond our reasonable control (Force Majeure). This specifically includes, but is not limited to: Safaricom M-Pesa API downtimes, national telecommunications outages, cyber-attacks, server hosting failures, acts of God, strikes, or governmental and regulatory actions within the Republic of Kenya.
7. Mandatory Arbitration and Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to this Agreement or the use of Flow Africa shall be resolved exclusively through mandatory and binding arbitration, explicitly excluding standard litigation in public courts. The arbitration shall be governed by the Arbitration Act (1995) of Kenya and conducted under the Rules of the Nairobi Centre for International Arbitration (NCIA). The seat of arbitration shall be Nairobi, Kenya, and proceedings conducted in English. Users explicitly waive any right to participate in a class-action lawsuit.
⚖️ Mandatory Arbitration: All disputes shall be resolved through binding arbitration under the NCIA Rules. Users waive any right to participate in a class-action lawsuit.
8. Intellectual Property Protection
All trademarks, source code, UI/UX designs, and proprietary algorithms comprising the Platform are the exclusive intellectual property of Flow Africa. Unauthorized use is punishable under the Kenya Information and Communications Act (KICA).
9. Contact Us
If you have any questions about these Terms, please contact us at:
