TERMS & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.This electronic record is generated by a computer system and does not require any physical or digital signatures.This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for usage of fiveminutes.in and 5mi.in websites.

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with 5MCART and these terms and conditions including the policies constitute Your binding obligations, with 5MCART. For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. 5MCART allows User to surf the Website or making purchases without registering on the Website. The term “we”, “us”, “our” shall mean 5MCART. When You use any of the services provided by us through the Website, including but not limited to, (e.g. Customer Reviews),
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the 5M CART Privacy Policy.

Membership Eligibility
Use of the Site/Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the 5MCART and shall not transact or use website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. 5MCART reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to 5MCART’s notice or if it is discovered that you are under the age of 18 years.
Seller / Business entity registration: If you are registering as a business entity or seller, you represent that you are duly authorized by the business entity to accept these Terms of Use and you have the authority to bind that business entity to these Terms of Use.

Your Account and Registration Obligations
By using the Website, You shall be responsible for maintaining the confidentiality of your Login Name and Password, and You shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with You by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication
The Website is a platform that allows 5MCART owners to have an online presence which can be used to meet and interact with buyers for their transactions. 5MCART is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
Henceforward:
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. 5MCART does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. 5MCART does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the items or services proposed to be sold or offered to be sold or purchased on the Website. 5MCART does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. 5MCART accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. 5MCART is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. 5MCART cannot and does not guarantee that the concerned Buyers and Sellers will perform any transaction concluded on the Website. 5MCART shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. 5MCART does not make any representation or warranty as to the item-specifics (such as creditworthiness, identity, legal title, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

5. 5MCART does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

6. At no time shall 5MCART hold any right, title or interest over the items nor shall 5MCART have any obligations or liabilities in respect of such contract. 5MCART is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, unavailable or back ordered.

7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell items or services. 5MCART is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall 5MCART hold any any right, title or interest over the items nor shall 5MCART have any obligations or liabilities in respect of such contract. 5MCART is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, unavailable or back ordered.

8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other users that you transact with.

9. You release and indemnify 5MCART and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and categorically waive any claims that you may have pursuant to this under any applicable law. Notwithstanding its reasonable efforts in that behalf, 5MCART cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Be cautious and practice safe trading when using the Website. There could be risks in dealing with underage persons or people acting under false identity.

Charges
Membership on the Website is free for buyers. 5MCART does not charge any fee for browsing and buying on the Website. 5MCART reserves the right to change its Fee Policy from time to time. In particular, 5MCART may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event 5MCART reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to 5MCART.

Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
You agree and understand that 5MCART and the Website merely provides hosting services to its Registered Sellers and persons browsing / visiting the Website. All products listed and / or advertised on the Website and the contents therein are advertised and / or listed by Registered Sellers. Hence, all the content on the Website is third party generated content and 5MCART neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor modifies the information contained in the transmission. 5MCART has no control over the third party generated content.
5MCART is merely an intermediary and does not interfere in the transaction between Buyers and Sellers.
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act,1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity,paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs,communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter,advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website. Throughout this Terms of Use, 5MCART’s prior written consent means a communication coming from 5MCART’s Legal Department, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of
publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or
public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.shall not be false, inaccurate or misleading;shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and 5MCART has no control over such third party user generated content as 5MCART is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without 5MCART’s express prior written consent. You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become our property and You grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Limited License
5MCART grants Seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Powered by 5MCART” and/or “fiveminutes.in” name and/or logo on Seller’s invoice for transactions concluded on the Website. Further, 5MCART grants Seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “5MCART” name and/or logo on packing material used by Seller for delivery of Products sold on the Website. The licenses automatically expire with non-payment of pending dues by the seller.

Other Businesses

5MCART does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, 5MCART assumes no responsibility for examining or evaluating the products and services offered by them. 5MCART do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). 5MCART does not endorses, in any way, any third party website(s) or content thereof.

Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, 5MCART do not warrant that: This Website will be constantly available, or available at all; or The information on this Website is complete, true, accurate or non-misleading. 5MCART will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with,the Website.
5MCART do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. We may use your personal information to initiate any promotions or offers within fiveminutes.in which we may consider relevant and/or beneficial to you.

Selling
As a registered seller, you are given a 30 day trial period during which your cart will be on 5mi.in domain. If you want to have your own domain, you have to convert to any one of the paid plans and you can have your own domain name.

You are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. 5MCART reserves the right to delete such multiple listings of the same product listed by you in various categories.

Services

Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between your “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

Further:
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render 5MCART liable or responsible for either the non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on 5MCART’s Website.
2. You have categorically authorized 5MCART or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with 5MCART is on a principal to principal basis and by accepting these Terms of Use you agree that 5MCART is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on 5MCART’s Website that are paid for by using the Payment Facility. 5MCART does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
3. You understand, accept and agree that the payment facility provided by 5MCART is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the 5MCART Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, 5MCART is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

4. 5MCART reserves the right to impose limits on the number of Transactions or Transaction Price which 5MCART may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.

5. 5MCART reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with 5MCART or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.

6. 5MCART may do such checks as it deems fit before approving the receipt of/ Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of 5MCART. As a result of such check if 5MCART is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

7. 5MCART may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if 5MCART deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, 5MCART may hold Transaction Price and 5MCART may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

8. The Buyer and Seller acknowledge that 5MCART will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of 5MCART.

9. 5MCART shall make payments into the bank account provided by the Seller during Seller Registration process. Once 5MCART has made payments into such bank account number 5MCART shall be discharged of any/all liability towards the Seller and Seller shall not be eligible for any claims thereof.

Payment Facility for Buyers
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate 5MCART Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received. For Cash On Delivery transactions, refunds, if any, will be made via cheque/NEFT in favour of the Buyer (As per registration details provided by the Buyer). Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking /electronic funds transfer system approved by Reserve Bank India (“RBI”).
Refund shall be conditional and shall be with recourse available to 5MCART in case of any misuse by Buyer.
Refund shall be subject to Buyer complying with Policies.

Payment Facility for Sellers
You, as a Seller, shall be required to Dispatch the products and/or services for every Transaction to the Buyer within the time period as provided in Policies to ensure that the products and/or services are delivered in a timely manner. Seller shall provide Dispatch Details to 5MCART in such manner and within such time period as provided in Policies failing which the Transaction shall stand cancelled. Seller shall Dispatch the products and/or services only using an approved delivery channel which provides appropriate ‘Proof of Dispatch’ & ‘Proof of Delivery’ documentation. Such Proof of Dispatch and Proof of Delivery (PODs) documentation relating to the Delivery should be maintained by Seller for a period of twelve (12) months from the date of the Dispatch. The PODs should be furnished to 5MCART on demand within the timeframe as notified from time to time. Seller agrees that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts. Seller’s failure to provide Dispatch Details or providing Dispatch Details not complying with Policies shall result in consequences as more specifically stated in the Policies and which may lead to suspension and/or termination of user. Seller agrees that the Transaction Price paid by a Buyer will be remitted to Seller’s

Payment Options in Five Minutes Websites

There are multiple payment options available in Five Minutes Websites. These payment options refer to the way in which the buyers can buy from the shopping cart that is owned by the cart admins.

Features of 5M Payment Gateway
5M Payment Gateway uses a process which is defined below:
1. Sellers decide on the list of payment options to make available for the sellers.
2. Buyers can make payments using the 5M Payment Gateway and this will be accrued in the Cart Admin’s account in the system.
3. Payments will be ‘Available for Withdrawal’ after the confirmation of delivery. Confirmation of delivery is considered to be complete, based on one of the following conditions being met:
a. Buyer confirms that the delivery is completed.
or
b. As soon as the Seller confirms that the delivery is completed, a notification is sent to the buyer about the same. If the buyer accepts within 48 hours or does not respond within 48 hours, the delivery is considered as completed.
(If the buyer disputes the delivery, the payment is kept on hold until the seller and buyer resolve the issue and agree mutually. If both buyer and seller are not able to come to an agreement, the Five Minutes Dispute resolution team steps in to discuss and resolve the issue between both parties. The decision of Five Minutes Dispute Resolution team is considered final and binding.)
4. Sellers can request for payment release by email or by logging into their admin tool or by sending an sms from their registered mobile number or calling from their registered mobile number. Payment process by using bank transfer will be initiated within the next one business day.
5. All transactions via the 5M Payment Gateway will be through one of the intermediary gateways such as EBS.IN, PayUMoney, Paypal, etc.

Paid Plans – Payment Options:

Option 1: In all paid plans, the default payment option is by 5M Payment Gateway.

Option 2: In all paid plans, the seller can opt to register for their own payment gateway account to help with faster processing of their payments. As soon as the seller gets their own merchant id, they can login to their admin control panel and add the new id. In this option, the Five Minutes team will not get involved in any of the payment related discussions between the buyers and the seller.

Limitations of Monthly Payment Options

  1. Dedicated Domain Name does not come for free with the monthly plans. If you have a domain name that you already own, you can point it to your shopping cart in the monthly plan. If you do not have a domain name already, there will be an additional cost of Rs.720/- per year for registering the domain name for you.
  2. Customization is not available on monthly payment plans.

Bank Account contingent upon the following events:
Buyer confirming the Delivery of products and/or services in the Transaction, or Buyer not taking any action on Payment Facility to confirm Delivery within such time period as provided in Policies despite confirmation of Dispatch of products and /or services by Seller to the Buyer. Buyer’s refund claim is rejected by 5MCART due to any breach of this Terms of Use Policies and any applicable laws. Remittances to the Seller for their successful transactions under Payment Facility excluding COD transactions would be in
compliance with directions issued by Reserve Bank of India for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (“RBI Intermediary Guidelines”). Remittance to Seller for COD transactions shall be made through Cheque/ Demand Draft or Online Bank Transfer to Seller Bank A/c.Rules for Express Remittance for Qualified Sellers: Seller agrees that 5MCART may offer to provide the Express Remittance to Qualified Sellers. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangement / directions of Nodal Bank. 5MCART at its sole discretion may make such offer to Qualified Seller and the same shall not be construed as a
right but only as a privilege. Qualified Seller understands that 5MCART reserves the right to withdraw Express Remittance at any time for any violation of the these Terms of Use or Policies and /or failure by the Qualified Seller to maintain or comply with the parameters as may be decided by 5MCART from time to time. Seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of the Seller.
Furthermore, Seller shall ensure that invoices state “Powered by 5MCART” and failing to do so Seller shall be liable for chargebacks (as applicable).
In case of any chargebacks levied by the Bank, 5MCART shall have rights to deduct such chargebacks from Seller remittances, present and future, and Sellers only remedy will be to discuss and resolve the same with Bank. Seller hereby agrees to extend its full co-operation in resolving the charge back disputes raised by the Buyers through bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank.In case the Chargeback is ruled against the Seller, 5MCART shall be entitled and authorized to recover the same from the Seller to its fullest extent and Banks decision shall be final and binding in this regard.

Compliance with Laws:
10. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology(Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and 5MCART Website.

Buyer’s arrangement with Issuing Bank:

11. All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
12. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Digital Content: Music and Audio Books 

Music  and Audio Books (MP3 format): Only certain short listed Seller (at the sole discretion of 5MCART) shall be entitled to sell Music  and Audio Books (MP3 format) on the Website. You may be able to purchase DRM-free digital music and Audio Books in MP3 file format on the Website from the respective Sellers. Such MP3 files shall be provided to You as per selection provided by Seller, subject to certain limitations as described by the Seller. You shall be granted specified download rights of DRM-free MP3 files from the catalogue of MP3 music and audio books displayed on the Website. The MP3 may include full-length MP3 audio tracks at best available bit rate and certain other premium features, as may be provided on the Website by respective Sellers from time to time.
Territory: Currently You can purchase downloadable digital MP3 music and audio books only through the Website and Music Application as may be made available from time to time on the Website, only within the demographic area decided by the seller.
Rights Granted: Music and audio books download right is a non-exclusive, non-transferable right to use for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the MP3 file only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that You will use the MP3 file only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the MP3 file. You agree that You will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use MP3 file. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for MP3 file. You acknowledge that the MP3 file embodies the intellectual property of a third party and is protected by law.

Explicit Consent: You agree that we shall have no liability to You for MP3 file downloaded by You on the Website if You find the same to be offensive, indecent or objectionable and expressions through the audio files are not subscribed by us.

All Sales Final; Downloading and Risk of Loss; Availability of MP3 files: All sales of MP3 music are final. Returns of MP3 files are not permissible on website. Once You have purchased MP3 files, 5MCART encourages You to download it promptly. If You are unable to complete a download, please contact customer service within 6 hours of the payment. Further 5MCART assumes no liability if your media player does not support the file format made available by the Seller on the Website or your browser does not support the music download application / software available by the Seller onthe Website, by whatever name called.You bear all risk of loss after purchase and for any loss of MP3 files You have downloaded, including any loss due to a computer or hard drive crash. Seller may, from time to time, at its sole discretion, remove MP3 files from the Service without notice. Cash on Delivery as a mode of payment is not available for purchasing MP3 on the Website currently.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the MP3 files available on the Website is the sole and exclusive property of third parties. Seller represents and warrants that Sellers are authorized by such third parties to upload the MP3 files on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks,associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights,broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducingrights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights,reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names,
internet or any other right available under applicable law shall vest in the domain of 5MCART as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be. Your request to download a MP3 file is personal to You, and the track may not be used, sold, rented, transferred,licensed or otherwise provided to any other user. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

Software: Seller may make available to You, from time to time, software for Your use in connection with the download of MP3 files (any and all such software, individually and collectively, the “Software”).
You may use the Software only in connection with the download of MP3 files on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, (i) in no event shall our or software licensors’ total liability to You for all damages arising out of or related to your use or inability to use theSoftware and / or any other application exceed the amount of INR 20; and (ii) in no event shall our or
our Digital Content providers’ total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Breach

Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:

1. If You breach the Terms of Use or Privacy Policy or other Policies, if any;
2. If we are unable to verify or authenticate any information You provide; or
3. If it is believed that Your actions may cause legal liability for You, other users or us.

Reinstation

We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

Free For Life – Site Deletion when ‘Inactive’

Five Minute sites that come under the ‘Free for Life’ plan will be subject to permanent deletion without any notification if there is no visit either to the front end or to the admin tool for a consecutive period of 60 days. Such deleted sites can never be recovered.

Ownership of website content and ownership of website source code

Sellers own the content related to their products and they do not own anything else on the Five Minutes system.

Sellers are not buying a website from Five Minutes, instead sellers are signing up for a monthly/yearly service. Hence sellers do not own the website source code that is powering the system and hence are not allowed to download the Five Minutes software at any point in time and are only given the right to use the services.

Sellers will have the option to download their product details and the images at any time during their association with Five Minutes.

Indemnity

You shall indemnify and hold harmless 5MCART, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Chennai.

Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. 5MCART make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and 5MCART is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by 5MCART and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise,is a commercial use for the purposes of this clause.

Trademark complaint

5MCART respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to 5MCART at admin@fiveminutes.in.

Copyright complaint
5MCART respects the intellectual property of others. In case You feel that Your work has been copied in any way that constitutes copyright infringement You can write to 5MCART at admin@auroinfotech.com.

Product Description

5MCART we do not warrant that Product description or other content of this Website is accurate, complete, reliable,current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL 5MCART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to admin@fiveminutes.in

Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Kishan
Five Minutes
18 Manikeswari Road,
Kilpauk, Chennai 600010,
Tamil Nadu, India.
Phone:+91-99620 77572
E-mail: admin@fiveminutes.in
Time: Mon – Fri (9:00 – 18:00) IST