Fiveota.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any Fiveota.com service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Fiveota.com reserves the right to change this Site and these terms and conditions at any time. Fiveota.com retains the right to deny access to anyone who we believe has violated any of these Terms of Use. ACCESSING, BROWSING, USING THE SITE OR OTHERWISE ORDERING FROM THIS WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
PRIVACY
Use of the Site is governed by our Privacy Policy, which can be located at https://fiveota.com/privacy-policy
LICENSE AND SITE ACCESS
Fiveota.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fiveota.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fiveota.com. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fiveota.com without express written consent. You may not use any meta tags or any other “hidden text” utilising Fiveota.com’s name or trademarks without the express written consent of Fiveota.com. Any unauthorised use terminates the permission or license granted by Fiveota.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fiveota.com’s many web sites so long as the link does not portray Fiveota.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fiveota.com logo or other proprietary graphic or trademark as part of the link without express written permission.
Fiveota.com may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of Fiveota.com violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person. You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorised uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Sites, are not permitted. This includes the unauthorised interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorised access to the Sites or exceeding your authorised access. Fiveota.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
THIRD-PARTY LINKS
This site may contain links to other web sites or you may be linked through other web sites (“Linked Sites”). However, even if the third party is affiliated with Fiveota.com, Fiveota.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fiveota.com. These linked sites are only for your convenience and therefore you access them at your own risk. The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not Fiveota.com is affiliated with sponsors of the sites. We do not endorse the Linked Sites in any way.
ELECTRONIC COMMUNICATIONS
When you visit Fiveota.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fiveota.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fiveota.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fiveota.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fiveota.com for all claims resulting from content you supply. Fiveota.com has the right but not the obligation to monitor and edit or remove any activity or content. Fiveota.com takes no responsibility and assumes no liability for any content posted by you or any third party.
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 by Fiveota.com ‘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, Fiveota.com does 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.
IN NO EVENT SHALL Fiveota.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Fiveota.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. FiveOTA’s liability will only be upto the value of product(s)being sold by FiveOTA or Fiveota.com and will not cover any damages whatsoever arising out of the usage of our products.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
All the products sold on Fiveota.com are governed by different state laws and if Fiveota.com is unable to deliver such products due to implications of different state laws, Fiveota.com will return or will give credit for the amount received by Fiveota.com from the sale of such product, that could not be delivered to you.
While availing any of the payment method/s offered by Fiveota.com, Fiveota.com is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to :
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by Fiveota.com. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Fiveota.com web site owned, operated, licensed or controlled by us 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.
All other trademarks referenced on Fiveota.com or on the products and services supplied by Fiveota.com are the properties of their respective owners.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fiveota.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Fiveota.com only with involvement of a parent or guardian. Fiveota.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Fiveota.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fiveota.com, its officers, directors, employees, agents, licensors and suppliers (collectively the ‘Service Providers’) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
PRODUCT DESCRIPTION
Fiveota.com tries to be as accurate as possible. However, Fiveota.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Fiveota.com is not as described, your sole remedy is to return it in unused condition.
PRICING/TYPOGRAPHICAL ERROR
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers’ prices of the product may vary. Fiveota.com will try to be accurate, however if you come across any difference in pricing on the Fiveota.com Website pre and post orders, we request you to contact us within 3 (Three) hours of placing your order. Fiveota.com shall then refund the difference amount within 7 business days of intimation. If Fiveota.com comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
NOTICE
As with any Personal Electronic Device, contact with excess water or other fluids should be avoided. Although FiveOTA many customers till date without any issues and as careful as FiveOTA is in describing thorough Installation. FiveOTA is not responsible for damage to your electronic devices caused by excessive exposure to fluids.
RETURN OF ORDER
Returns for unopened, unused merchandise may be eligible for a refund minus the shipping amount, provided that the merchandise arrived in a damaged condition.
Refund/Cancellation
It may take upto 7 days to process the refund and credit the amount to the customer’s bank account.
Shipping policy
Shipping timeline will be shown while placing the order (Average time is about 7 Days).
CANCELLATION OF ORDER
Fiveota.com reserves the right to cancel any order without any explanation for doing so, under situation where Fiveota.com is not able to meet the requirements of the order placed or order so placed/cancelled does not comply with the Fiveota.com policy or for any other reason. However, Fiveota.com will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time. Except for any statutory rights of cancellation that you may have under applicable provincial consumer protection laws, once you place your order you cannot cancel it.
MODE OF PAYMENT
FiveOTA provides services totally based on online payment. No cash, checks, DDs will be accepted as a valid mode of payment for the services from FiveOTA. The payment has to be made online through the payment gateway chosen by FiveOTA. FiveOTA or fiveota.com is not liable for any action that happens while payment transaction is carried out through the gateway service provider.
