(Effective Date: [30th Sept, 2025])
This Disclaimer & Limitation of Liability Policy (“Policy”) forms part of the Terms & Conditions of JSR Wayfinder Pvt Ltd, operating under the brand name “5S” (“Company”, “we”, “our”, or “us”). It applies to all users (“Client”, “you”, “your”) accessing or using our services through www.5sindia.in or our mobile application (collectively, the “Platform”).
1. GENERAL DISCLAIMER
- The Company provides on-demand intra-city delivery and logistics services through its Platform.
- All deliveries are undertaken on a best-effort basis and timelines are indicative only. We do not guarantee uninterrupted, error-free, or delay-free services.
- The Company shall not be responsible for:
- Client’s failure to provide correct/complete delivery details.
- Non-availability of recipient at the given address.
- Delays caused by traffic, weather, strikes, accidents, or Force Majeure events.
- Improper packaging or handling by the Client.
2. LIMITATION OF LIABILITY
To the maximum extent permitted under applicable law:
- The Company’s total liability for any claim, whether arising in contract, tort, negligence, or otherwise, shall not exceed the Service Fee paid for the specific Delivery Request.
- The Company shall not be liable for:
- Indirect, incidental, or consequential losses, including loss of profit, business, or goodwill.
- Damage, loss, or theft of Goods unless caused directly by proven willful misconduct of the Company or its employees.
- Loss of perishable items or fragile Goods due to the inherent nature of the Goods.
- Unauthorized access to or use of Client data beyond our reasonable control.
3. CLIENT RESPONSIBILITIES
The Client agrees that:
- Goods must be properly packed and labeled before handover to the Courier.
- No Prohibited or Restricted Items (as listed in our Terms & Conditions) shall be sent through our services.
- The Client shall indemnify the Company against any claims, penalties, or liabilities arising out of:
- Misrepresentation of Goods,
- Non-compliance with applicable laws, or
- Breach of this Policy or Terms & Conditions.
4. THIRD-PARTY SERVICES
- Our Platform may integrate with or link to third-party services (e.g., payment gateways, map services).
- The Company shall not be liable for failure, delay, or breach by such third parties.
- Use of third-party services is subject to their own terms and policies.
5. INSURANCE
- Unless explicitly opted for, Goods are carried at the Client’s risk.
- The Company strongly recommends availing insurance for high-value or fragile shipments.
- Liability in insured cases shall be limited to the insured value, subject to insurer’s terms.
6. FORCE MAJEURE
The Company shall not be held liable for non-performance or delay due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, strikes, accidents, or network failures.
7. GOVERNING LAW & JURISDICTION
This Policy shall be governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts at Jaipur, Rajasthan.
8. AMENDMENTS
We reserve the right to modify or update this Policy at any time. Updated versions will be published on www.5sindia.in. Continued use of our Services shall be deemed acceptance of the revised Policy.