Terms

IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE, BILLING AUTHORIZATION, LEGAL AND PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE SINCE IT GOVERNS YOUR USE OF THIS WEBSITE. BY BROWSING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND CONSENT TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE THIS SITE OR ANY OF THE PAGES HEREOF.


WELCOME TO FLOW’S WEBSITE!
Columbus Communications Jamaica Limited (doing business as “Flow”) maintains this site to provide you with information about its services and products, enable you to perform bill payment transactions and to facilitate communications with Flow.

Terms and Conditions of Use/User Agreement
DEFINITIONS "Service" means the bill payment service offered by Columbus Communications Jamaica Limited (“FLOW”) through the www.flowjamaica.com website (“the website”), and a reference to the “Service” includes FLOW, as the context may require.

"Agreement" means these Terms and Conditions of the Service which are legally binding on you and the Service once you give a Payment Instruction or other information on the website.

"Payment Instruction" means the information provided by you to the Service for a bill payment to be made.

"Business Day" means every Monday through Friday, excluding public holidays.

"Scheduled Payment Period" means the period of two Business Days after your credit card is debited within which, subject to the provisions hereof, your account with FLOW shall be credited with your payment.

"Due Date" means the date reflected on your statement on which the payment is due.

"Scheduled Payment" means a payment that has been scheduled through the Service but has not begun to be processed.

DISCLAIMER
This Website may contain proprietary notices and copyright information, the terms of which must be observed and followed.
Information on this Web site may contain technical inaccuracies or typographical errors. Flow will use its best efforts to include accurate and up to date information on this website, but Columbus Communications Jamaica Limited (hereinafter “FLOW”) makes no warranties or representations as to the accuracy of the information contained in its website. Information may be changed or updated without notice. FLOW may also make improvements and/or changes in the services, products and/or the programs described in this website at any time without notice.

ACCESS TO AND FROM WEBSITE
All information submitted to FLOW via this website shall be and remain the property of FLOW. FLOW shall be free to use, for any legal purpose, any ideas, concepts, know-how or techniques contained in information a user to this Website provides.
You agree that you will not introduce any virus or any disruptive or other harmful program or anything that will impair the service offered or any other service on the internet or generally.

SERVICE RESPONSIBILITY
You are solely responsible for paying your FLOW bills on or before the Due Date.
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by the various financial institutions, there may be delays in the crediting of some transactions to your FLOW account. The Service shall not be responsible for any such delay which is outside of its control.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with the relevant account and financial information you thereby authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats.

When the Service receives a Payment Instruction from you, you thereby authorize the Service to charge your credit card and remit funds on your behalf so that, subject to the terms and conditions herein contained, your account shall be credited within the Scheduled Payment Period. You also authorize the Service to credit your credit card for payments returned to you by FLOW.

FLOW agrees not to initiate or make any payments under your credit card on its own and without your authorization. FLOW will provide you with the relevant billing information.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability whatsoever for any loss, damage, expense or cost of any kind, and any Service guarantee shall be void and of no effect if the Service is unable to complete any payment initiated by you because of the existence of any one or more of the following circumstances:
1.Through no fault of the Service, your credit card does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit on your credit card;
2.The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3.You have not provided the Service with the correct name, address, phone number, or FLOW account information, or if any other information provided by you is incorrect; and/or,
4.Circumstances beyond the control of the Service (such as, but not limited to, fire, flood, break or surge in electricity supply or interference from an outside force) prevent the proper execution of the transaction.
Provided that none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your credit card or causes funds from your credit card to be deducted in a manner which does not comply with your Payment Instruction, the Service shall be responsible for returning the improperly transferred funds to your credit card, and for correcting any previously misdirected transactions, and, if applicable, for absorbing any late payment related charges, fees or penalties. This shall be the extent of the liability of the Service hereunder.

PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds on your behalf to your FLOW account.

PAYMENT CANCELLATION
Once the Service has begun processing a payment it cannot be cancelled or edited.

PROHIBITED PAYMENTS
Payments to Payees other than FLOW is not possible through the Service.

EXCLUSION OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY
You agree not to give or make available your password (where applicable) to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service with your credit card on your behalf, you are wholly responsible for any transactions that they authorize. If you believe that your password has been lost or stolen or that someone may attempt to use the Service with your credit card without your consent, you must notify the Service at once by calling 876-620-2200 during customer service hours (9:00 a.m. - 5:00 p.m. each Business Day).

YOUR LIABILITY FOR CREDIT CARD TRANSACTIONS
Subject to the Service Responsibility set out above, FLOW is not responsible for transactions done using your credit card since FLOW offers the Service using a secure server and therefore has no access to the particulars of your credit card and no control over the use of your card. For the avoidance of doubt, FLOW shall not be liable to you in respect of any transaction done using your credit card or credit card account number whether or not such transaction was done by a third party without your knowledge or consent.

ERRORS,QUESTIONS, REFUNDS
In case of errors or questions about your transactions and/or service, you should as soon as possible notify us via one of the following:

  1. Telephone us at (876) 620 2200 during customer service hours;
  2. Contact us by using the application's e-messaging feature; 
  3. Write us at: Flow, 24-26 Grenada Crescent, Kingston 5, Jamaica W.I. 
  4. Email us at customercare@flowjamaica.com This e-mail address is being protected from spam bots, you need JavaScript enabled to view it   
  5. Visit any retail location

In cases where you think your statement is incorrect or you need more information about a transaction listed on the statement, you must contact us no later than fifteen (15) days after the FIRST statement was posted on which the problem or error appears.

You must:

  1. Tell us your name;
  2. Describe the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information about the transaction or service; and, 
  3. Tell us the dollar amount of the suspected error or disputed transaction

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. Notwithstanding the foregoing, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your credit card within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your credit card. If it is determined that there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find that an error did not occur.

Refunds will be processed for the following reasons:

  1. If an area is unserviceable
  2. If the customer cancels his/her installation before the schedule date 
  3. The account has been permanently disconnected and have a credit balance  
  4. If a customer has overpaid on their account

Once Flow receives your refund request we check your status in our billing software to verify the claims before we process the refunds. Once the claim has been verified and the refund approved the refund is processed in time for payment to the customer within one week of approval. Payment cancellations must be made prior to the next scheduled bill.

 

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES FLOW may use standard Web tracking software to collect non-identifying information about visitors to its website such as:
1.Date and time website was accessed.
2.City, State and Country from which access was made.
3.Web browser used.
4.IP address (A numeric address given to servers connected to the internet).

FLOW may use this information to create summary statistics and to determine the level of interest in its website.
Some areas of the web site may use a “cookie” temporarily stored in the visitor’s computer memory (RAM) to allow the web server to log the pages you use within the site and to know if you have visited the site before.
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

1.Where it is necessary for completing transactions that you have requested;
2.Where it is necessary for activating additional services;
3.To a consumer reporting agency for research purposes only;
4.In order to comply with a governmental agency or court orders or law; or,
5.If you give us your written permission.
Please read FLOW’s privacy policy.

SERVICE FEES AND ADDITIONAL CHARGES
Service Charges may apply and this is subject to change without prior notice to you. Any financial fees associated with your credit card will continue to apply. You are responsible for any and all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider.

FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you from your credit card. If we are unable to complete the transaction for any reason associated with your credit card (for example, you have exceeded your credit limit), the transaction will not be completed.

CHANGES, ALTERATIONS AND AMENDMENTS
This Agreement, and the applicable fees and service charges may be altered or amended by the Service from time to time without notice. In such event, the Service shall not be obliged to inform users but shall ensure that the new terms and conditions are posted on the website. Any use of the Service after the new terms and conditions are posted will be deemed to constitute your agreement to such change(s). You are therefore required to check the Terms and Conditions each time you visit the FLOW website.

FLOW reserves the right to change the format and content of this website. Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

FLOW may suspend the operation of this website for support and maintenance work in order to update content. FLOW may terminate, restrict or suspend access to this website at any time and without notice.

INFORMATION CHANGES
It is your responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. All changes made are effective immediately for Scheduled and future payments paid from the updated information. You hereby agree that the Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate information in your contact information, Payment Instructions or otherwise.

SERVICE TERMINATION, CANCELLATION OR SUSPENSION
The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement up to the date of termination or suspension.

RETURNED PAYMENTS
In using the Service, you understand and agree that in some cases payments to the Service have to be returned to you for various reasons such as, but not limited to, (a) The account number given by you is not valid or (b) Flow is unable to locate the account; or (c) your account with FLOW was already paid in full. The Service will use its best efforts to research and correct the returned payment and return it to you, or void the payment and credit your credit card.

INFORMATION AUTHORIZATION
Your use of the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized credit bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES
In the event of a dispute regarding the Service, you and the Service hereby agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee or other representative of the Service says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement freely. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

HEADINGS
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. 

SEVERABILITY
Should any provisions of this agreement be declared void or unenforceable, such provision shall be severed and construed to give legal effect to the parties intention, and the remaining agreement shall remain in full force and effect.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Jamaica, and you hereby agree that the Courts of Jamaica shall have jurisdiction to hear and determine any matter arising hereunder (except that FLOW retains the right to bring proceedings as to the substance of the matter in any court including, the courts of your country of residence or the country of your domicile or principal place of business).

INTELLECTUAL PROPERTY RIGHTS
All copyright or other intellectual property rights in the images, text, graphics, logos, button icons, audio clips, photographs, digital downloads, data compilations, pictures, sounds, screens, software, and web pages appearing at this website is either owned by FLOW or licensed to FLOW by the rights holders. Once prior consent is obtained by FLOW, users may copy information from the web site for their own personal or educational use only, provided that each copy includes any copyright, trademark, or service mark notice as they appear on the pages copied.
The information and materials on this website may not otherwise be copied (whether by printing onto paper, storing on disk, downloading, uploading, or in any other way), broadcast, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, stored on any retrieval system, altered, tampered with or otherwise used for public or commercial purposes, except as provided in these terms and conditions without the express written permission of FLOW.

Users must not remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed from the website.


Users are prohibited from linking to the FLOW website. Should you wish to link you are to contact and seek permission from the internet site editor at [Email address] with the relevant URLs of the web pages from which you are proposing to link to this site or the URLs of the web pages on this website to which you are proposing to link. FLOW has absolute discretion in deciding whether to grant your request.

PROPRIETARY INFORMATION
FLOW does not want to receive proprietary information from you through our Website. By sending FLOW any proprietary information or material, you grant FLOW an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that FLOW is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us.

LINKS TO OTHER WEBSITES
FLOW may establish links between this website and other external websites operated by unrelated, non- affiliated third parties. FLOW makes no representations whatsoever about any other website which you may access through its website.  FLOW has no control over any other such websites or the contents therein and the existence of any such link shall not constitute and endorsement by FLOW. In addition a link from FLOW does not mean that FLOW endorses or accepts any responsibility for the content, or use, of such website.  All user access to any of these hyperlinks are at the user’s own risk and the content, accuracy, opinions expressed, and other links provided are not investigated, verified, monitored, or endorsed by FLOW.  FLOW is not responsible for the owners or operators of those websites or for any goods or services they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any alleged infringement of intellectual property rights). It is therefore up to you to take precautions to ensure that whatever you select for your use is free of such items such as viruses, worms, Trojan horses or other items of a destructive nature.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) (1) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, AND/OR THE SERVICE OR (2) ARISING IN CONNECTION WITH THIS SITE OR USE OR INABILITY TO USE BY ANY PARTY) OR (3) IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE EVEN IF FLOW, OR ITS REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OF EXPENSES.

INDEMNITY
THE USER HEREIN AGREES THAT IT WILL INDEMNIFY AND HOLD HARMELESS FLOW, ITS RELATED OR AFFILIATED AND PARENT COMPANY, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSS OF REVENUE OR PROFITS, COSTS AND FEES IN ANY LEGAL PROCEEDINGS, CONSEQUENTIAL AND INCONSEQUENTIAL LOSS WHICH MAY BE SUFFERED ARISING OUT OF EACH OR ANY USE OF THIS WEBSITE, WHETHER ACCESSED DIRECTLY OR INDIRECTLY, VIOLATION OF ANY THIRD PARTY RIGHTS, PROPRIETARY RIGHTS OR ANY BREACH OF THE TERMS AND CONDITIONS HEREIN OR ANY OTHER USER POLICY AND REQUIREMENT WHICH MAY BE POSTED FROM TIME TO TIME AS AMENDED.

LIMITATION OF LIABILITY
FLOW will make every reasonable effort to provide you with access to your account with FLOW. FLOW will not be liable to you for any loss, costs or damages which you may incur if access to your account or any service through this website is not available or is delayed due to periods of increased volume or market activity or to allow for maintenance, updates or for any other reasonable cause. For example, and without limitation, FLOW will not be liable:
a. for communication malfunctions that affect the accuracy or timeliness of messages or instructions between you and FLOW and/or which prevent them from being transmitted in whole or in part;
b. for delays or failures in performance resulting from acts beyond FLOW's reasonable control including but not limited to acts of God, strikes, postal interruptions, lockouts, riots, acts of war, epidemics, fire, communication line failures, power failures, equipment or software malfunction, earthquakes or other disasters;
c. if you make a mistake when inputting an instruction;
d. if you fail to log off when you leave your personal computer and someone else accesses your account or any service or if a third party accesses your pass word;
e. if, for any reason, you cannot access your account or any the bill payment Service or the services do not function; or
f. for any harm or loss to your personal computer or any records or data.

STORAGE
FLOW may maintain a database of your electronic instructions. FLOW's records will be conclusive and binding on you in any disputes, including in any legal proceedings, as the best evidence of your electronic instructions, in the absence of clear proof that FLOW's records are wrong or incomplete. FLOW may rely on your electronic instructions as if you had given them signed and in writing.

If you request copies of any items or other documents and the originals have been transferred to some other storage medium and destroyed, you will accept copies made from that storage medium. You acknowledge that FLOW is not required to produce copies of any items or other documents if neither the originals nor any copies exist at the time your request is processed. You will pay FLOW its applicable charges for any searches you request. You acknowledge that FLOW may, however, require you to pay part of such search fees in advance.

ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically.  FLOW will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that FLOW provide to you electronically satisfy any legal requirement that such communications be in writing.

AGREEMENT TERMINATION
FLOW may terminate this Agreement at any time without notice. FLOW will have no liability for any loss or inconvenience that may result from such termination.