www.tuyaa.in shall have no liability to you for any interruption or delay in access to the sites/applications irrespective of the cause either by technical issues that is out of control or by the issues that is within reach but reasonably unexpected and beyond the reasonable prediction power of an ordinary person.
M/s.Aaryan Groups shall not be in breach of its obligations or incur any liability to any person for any losses or damages of any nature whatsoever incurred or suffered by that person (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by a Force Majeure Event.
M/s.Aaryan Groups as a result of a Force Majeure Event for a continuous period of more than 5 days then the parties shall endeavor to agree any modifications to this website usage Agreement (including without limitation, determination of new tariffs (if appropriate) which may be equitable having regard to the nature of the Force Majeure Event and which is consistent with the Statutory Requirements.
Instances of Force Majeure
Events of Force Majeure shall include, but not be limited to the following Natural Force Majeure Events:
- Fire, chemical or radioactive contamination or ionising radiation, earthquakes, lightning, cyclones, hurricanes, floods, droughts or such other extreme weather or environmental conditions, unanticipated geological or ground conditions, epidemic, famine, plague or other natural calamities and acts of God;
- Explosion, accident, breakage of a plant or equipment, structural collapse, or chemical contamination (other than resulting from an act of war, terrorism or sabotage), caused by a person not being the affected Party or one of its contractors or subcontractors or any of their respective employees or agents;
- To the extent that they do not involve [country] or take place outside of [country], acts of war (whether declared or undeclared), invasion, acts of terrorists, blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, civil commotion and sabotage;
- Strikes, lockouts, work stoppage, labour disputes, and such other industrial action by workers related to or in response to the terms and conditions of employment of those workers or others with whom they are affiliated save, when such event is directly related to, or in direct response to any employment policy or practice (with respect to wages or otherwise) of the party whose workers resort to such action;
- In relation to the businesses, non-performance by a counter-party to a contract relating to the business by reason of an event or circumstance that would constitute a Natural Force Majeure Event under this Agreement; and
- Non-performance by a counter-party under a contract relating to the business by reason of an event or circumstance that would constitute a Political Force Majeure Event.