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Terms of Use

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1. Contractual Relationship

These Terms of Use ("Terms") govern the access or use by you, an individual, from within Kenya of applications, websites, content, products, and services (the "Services") made available by CleanWater.ke, a technology platform. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and CleanWater.ke. If you do not agree to these Terms, you may not access or use the Services.

2. The Services

The Services constitute a technology platform that enables users of CleanWater.ke’s mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule water delivery services with independent third-party providers of such services. These providers consist of fleet owners ("Vendors") and their affiliated bowser operators ("Drivers"). The platform utilizes artificial intelligence to, among other things, suggest suitable drivers based on factors such as vendor quality rating, location, and availability ("Smart Order Dispatch").

YOU ACKNOWLEDGE THAT CLEANWATER.KE DOES NOT PROVIDE WATER DELIVERY SERVICES OR FUNCTION AS A WATER SUPPLIER. OUR SERVICES ARE LIMITED TO FACILITATING THE CONNECTION BETWEEN YOU AND THIRD-PARTY VENDORS/DRIVERS FOR THE PURPOSE OF WATER DELIVERY. CLEANWATER.KE ACCEPTS NO LIABILITY FOR ANY WATER DELIVERY SERVICES PROVIDED BY THIRD-PARTY VENDORS OR THEIR DRIVERS.

3. User Accounts

To use most aspects of the Services, you must register for and maintain an active user account ("Account"). You must be at least 18 years of age. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services.

For Vendors (Fleet Owners): Registration requires you to provide accurate business and equipment details. You are responsible for managing your drivers and ensuring they adhere to platform standards. Your account starts with a "Compliant" status, which is required for your drivers to receive new orders. This status may be downgraded based on performance metrics such as unresolved customer complaints or overdue remittances, which will result in a temporary suspension of your ability to receive new orders.

CleanWater.ke reserves the full right of admission to, and dismissal from, the platform at its sole discretion. We may restrict, suspend, or terminate your access to the Services if you violate these Terms or for any other reason deemed necessary to protect the integrity and safety of the platform.

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Vendor/Driver ("Charges"). Charges will be inclusive of applicable taxes where required by law and will consist of a base rate for the water and a service fee payable to CleanWater.ke.

For Customers: Payment is facilitated through the Application at the time of delivery completion.

For Vendors: All earnings and platform fees are managed through an in-app wallet system ("Wallet").

  • For digital (M-Pesa) payment orders, the net amount (base rate) is credited to your Wallet upon successful delivery.
  • For cash orders, the driver collects the full amount from the customer, and the applicable service fee is debited from your Wallet. If your Wallet balance becomes negative, this creates a "Remittance Due," which you must pay to CleanWater.ke to restore a positive balance.
  • Withdrawals from your Wallet to your registered mobile money account are subject to transaction fees, which will be disclosed at the time of the withdrawal request.

5. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CLEANWATER.KE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CLEANWATER.KE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

IMPORTANT: CLEANWATER.KE DOES NOT APPROVE, CERTIFY, OR GUARANTEE THAT WATER PROVIDED BY THIRD-PARTY VENDORS IS SAFE FOR HUMAN CONSUMPTION. WHILE WE EMPLOY AN AI-POWERED SYSTEM TO AUDIT VENDOR COMPLIANCE DOCUMENTS, ALL WATER IS PROCURED AT THE USER'S OWN RISK. CLEANWATER.KE IS INDEMNIFIED FROM ANY AND ALL ISSUES, ILLNESSES, OR DAMAGES THAT MAY ARISE FROM THE CONSUMPTION OR USE OF WATER DELIVERED THROUGH THE PLATFORM.

LIMITATION OF LIABILITY.

CLEANWATER.KE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CLEANWATER.KE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CLEANWATER.KE IS INDEMNIFIED FROM ANY LIABILITY ARISING FROM DAMAGE TO EQUIPMENT (INCLUDING BUT NOT LIMITED TO WATER TANKS, PIPES, OR PUMPS), PROPERTY, OR ANY OTHER LIABILITY THAT MAY OCCUR BETWEEN VENDORS/DRIVERS AND CUSTOMERS DURING THE PROVISION OF SERVICES.

INDEMNITY.

You agree to indemnify and hold CleanWater.ke and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including Third-Party Vendors and their Drivers.

6. Governing Law

These Terms shall be exclusively governed by and construed in accordance with the laws of Kenya.