Additional Terms and Conditions for Powwater Vendors
The following terms and conditions (“Additional Terms”) apply
to those persons and entities using the Services to offer and sell water
to Powwater users (respectively, “Vendors” and
“Users”) and apply in addition to the Powwater Terms of
Service. In the event of any conflict between these Additional Terms and
the Terms of Service, the Additional Terms will apply.
- The Role of Vendors. Powwater’s Services connect Vendors
with Users and Drivers to facilitate the ordering and delivery of water.
Through the Services, Vendors can sell water to Users, for delivery by
Drivers. Vendors are responsible for fulfilling all confirmed orders, at
the quantities, qualities, and timeframes specified by the Service or
Users. Vendors are also responsible for responding to and managing any
User complaints or concerns regarding the water.
- Water Testing. You agree that Powwater may, at its own expense,
randomly test your water supply quality using a third-party lab partner.
You agree that Powwater may post the results of such testing in the
Services for User review and that you shall receive testing results
through Powwater. You agree to not directly seek out sample test results
via the testing lab.
- Representations and Warranties. In addition to the
representations and warranties in the Terms of Service, you represent
and warrant that you offer water of potable quality, fit for human
consumption. You represent and warrant that you are in compliance with
all applicable laws and regulations regarding water production and
distribution to individuals or businesses.
- Personal Conduct. You acknowledge and understand that you are
providing critical water supplies to Users. You agree that you will
maintain accurate listings on the Services for any water for sale and
will disclose any and all material information for Users about water,
including the quantity and quality thereof.
In fulfilling orders, you will have access to potentially sensitive
information, such as individual’s names and addresses. You agree
that you will not share or use sensitive information for any purpose other
than making a delivery. You will also have the ability to contact Drivers
directly. You agree that you will not contact Drivers other than for the
purposes of arranging deliveries.
You agree that you will promptly inform Powwater, Drivers, and Users (as
applicable) of any delays or issues in fulfilling orders, and if you are
unable to complete a confirmed order.
You acknowledge and agree that any orders you confirm through the Services
will be completed by you; you will not ask any other individual or entity
to fulfill an order on your behalf. You also will not separately contract
with Users or Drivers outside of the Services to receive or complete
orders or charge Users a higher price than the one you agreed to via the
- Powwater is Not Responsible. Powwater only enables connections
between Users, Drivers, and Vendors. Powwater is not responsible for the
performance or actions of Users, Drivers, or you, nor does it have
control over the quality, timing, legality, failure to provide, or any
other aspect whatsoever of Users, Drivers, or you. Powwater makes no
representations about the reliability or accuracy of information
provided by Users or Drivers, including regarding order details,
delivery pick-up time, or other aspects of orders or delivery. Powwater
explicitly disclaims all responsibility and liability for damage to your
facilities or person that you may incur as a Vendor. Powwater does not
assume any responsibility, nor will Powwater be liable, for any health
and safety problems experienced by Users for the consumption of water
purchased through the Services.
- Independent Contractors. Vendors are independent contractors and
not employees of Powwater. Powwater does not certify Vendors’
qualifications. Powwater does not supervise, direct, control or monitor
Vendors’ work and is not responsible for the work performed or the
delivery process in any manner.
- Payment. You will receive payment for each completed water order.
Powwater will remit payments following delivery of each order via your
mobile money account (digital wallet, Mpesa, etc.) on file. You are
solely responsible for paying any applicable taxes on money earned as a
- Suspension and Termination. Powwater reserves the right to
suspend or terminate a Vendor at any time, for any reason. Upon
termination, Powwater will remit to you any earned payments owed via
your payment method on file.