Terms & Conditions

(Effective Date: 30^th Sept 2025)

These Terms and Conditions (“Terms”) constitute a legally binding agreement between JSR Wayfinder Pvt Ltd, a company incorporated under the Companies Act, 2013, having its registered office at [Insert Address], India, operating under the brand name “5S” (hereinafter referred to as “5S”, “Company”, “we”, “us”, or “our”), and any person or entity who uses, accesses, or avails delivery services through the Company’s website www.5sindia.in or mobile application (hereinafter referred to as “Client”, “you” or “your”).

By using our platform and services, you acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree, you must refrain from accessing or using our services.

1. DEFINITIONS

For the purposes of these Terms:

1.1 Account: User account created on www.5sindia.in or the 5S mobile application.
1.2 Client: Any individual or business entity placing a Delivery Request through 5S.
1.3 Courier: An independent service provider registered on 5S who performs delivery services or an employee of 5S engaged in deliveries using 5S owned vehicles.
1.4 Delivery Request: A request generated by a Client specifying pickup and delivery details.
1.5 Goods: Items entrusted for delivery through the Platform, excluding Prohibited Items.
1.6 Prohibited Items: Items not permitted for delivery as listed in Schedule I.
1.7 Platform: The digital interface of 5S, including the website www.5sindia.in, mobile app(s), and related systems.
1.8 Service Fee: Charges payable by the Client for a Delivery Request as displayed on the Platform.
1.9 Declared Value: The value declared by the Client for the Goods (if applicable).
1.10 Force Majeure Event: Events beyond reasonable control including natural calamities, strikes, governmental actions, etc.

2. NATURE OF SERVICES

2.1 5S operates solely as a technology platform/intermediary to connect Clients with Couriers for the purpose of completing delivery requests.

2.2 5S is not a courier or logistics company. The actual contract of carriage and delivery is between the Client and the Courier except owned vehicles by itself.

2.3 5S does not assume ownership of Goods at any stage.

3. ACCEPTANCE & AMENDMENTS

3.1 These Terms apply to all use of the Platform and Services.

3.2 We may modify these Terms at any time. Updated versions shall be published on www.5sindia.in. Continued use after changes constitutes acceptance.

4. ELIGIBILITY & ACCOUNT RESPONSIBILITIES

4.1 You must be at least 18 years of age and legally competent to enter into contracts.

4.2 You must register with accurate personal/business details. Misrepresentation shall lead to suspension/termination.

4.3 You are responsible for maintaining confidentiality of your Account credentials and liable for all activities under your Account.

4.4 GST Holders required to update GSTIN in profile, else GST input not our responsibility.

5. CLIENT OBLIGATIONS

5.1 Clients must ensure:

• Goods are packaged securely and described accurately.
• No Prohibited Items (Schedule I) are entrusted for delivery.
• Pickup and delivery details are accurate.
• Receivers Contact details shall be Rechecked and Correct.

5.2 Clients must pay Service Fees as displayed on the Platform.

5.3 Clients are responsible for inspecting Goods at delivery and reporting discrepancies within 72 hours.

6. COURIER OBLIGATIONS

6.1 Couriers are independent contractors.

6.2 Couriers must:

• Accept Delivery Requests only if capable of fulfilling them.
• Handle Goods with due care.
• Remit any Cash-on-Delivery (COD) amounts as per the Company’s remittance policy.

7. FEES, PAYMENTS & TAXES

7.1 The Service Fee is dynamically calculated based on distance, weight, urgency, and other parameters.

7.2 Payments shall be made via the payment gateways integrated on the Platform.

7.3 All statutory taxes, levies, and surcharges are borne by the Client.

8. CANCELLATION POLICY

8.1 By Client:

• Cancellation before vehicle allocation: No charge.
• Cancellation after vehicle allocation but before pickup: Cancellation fee may apply (up to 50% of Service Fee).
• Cancellation after pickup: Client liable for full charges and possible return costs.

8.2 By Courier:

• Couriers may cancel a Delivery Request only for valid reasons such as:
  • Improper packaging of Goods,
  • Prohibited Items (see Schedule I of Terms & Conditions),
  • Inability to contact the Client, or
  • Safety concerns.
• In such cases, the Delivery Request will be marked “cancelled” and an alternate Courier may be assigned where possible.

• In such cases, cancellation fees may still apply to Client.

9. LOSS, DAMAGE & CLAIMS

9.1 5S is not liable for loss, theft, or damage of Goods, except in cases of declared value where liability is limited to the lower of the declared value or actual loss.

9.2 No liability shall arise where damage/loss is caused due to:

• Improper packaging,
• Prohibited Items,
• Force Majeure Events, or
• Acts beyond reasonable control.
• E way bill applicable and not Generated and Declare in application.

9.3 Claims must be submitted in writing to support@5sindia.in within 72 hours of delivery.

10. LIMITATION OF LIABILITY

10.1 To the fullest extent permitted by law, 5S shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, business interruption, or reputational harm.

10.2 Aggregate liability of 5S for any claim shall not exceed the Service Fee paid for the Delivery Request giving rise to the claim, subject to Section 9.

11. INDEMNITY

The Client agrees to indemnify and hold harmless 5S, its officers, employees, and agents against all claims, losses, and liabilities arising from:

• Breach of these Terms,
• Use of Prohibited Items,
• Misuse of the Platform, or
• Violation of applicable laws.

12. FORCE MAJEURE

Neither party shall be liable for failure to perform obligations due to Force Majeure Events. Performance shall be suspended until such events cease.

13. DATA PROTECTION & PRIVACY

13.1 5S collects, stores, and processes Client information in accordance with applicable data protection laws.

13.2 By using our Platform, you consent to our Privacy Policy published on www.5sindia.in.

14. TERMINATION

14.1 5S may suspend or terminate access to the Platform if:

• You breach these Terms,
• Fraudulent activity is suspected, or
• Required by law or regulatory order.

14.2 Termination does not release either party from accrued obligations.

15. GOVERNING LAW & JURISDICTION

15.1 These Terms shall be governed by and construed in accordance with the laws of India.

15.2 The courts at Jaipur, Rajasthan shall have exclusive jurisdiction over all disputes arising under or in connection with these Terms.

15.3 Disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed mutually. Arbitration shall be conducted in Jaipur, in English, and the award shall be final and binding.

16. MISCELLANEOUS

• Severability: If any provision is held invalid, the remaining provisions shall remain enforceable.
• Assignment: Clients may not assign rights under these Terms without prior written consent of 5S.
• Entire Agreement: These Terms constitute the entire agreement between parties regarding use of Services.
• Notices: All notices must be in writing and sent to support@5sindia.in or the registered office of the Company.

SCHEDULE I – PROHIBITED ITEMS

The following items are strictly prohibited for delivery:

• Currency, negotiable instruments, precious metals, and jewelry.
• Explosives, firearms, ammunition, and weapons.
• Narcotics, drugs, or banned substances.
• Perishable or hazardous materials (flammables, chemicals, biohazards).
• Live animals, plants, or human remains.
• Any goods restricted or prohibited by law.