Part III
8. Limitation of Liability
- The Customer acknowledges and accepts that Airtel:
- expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timelines, completeness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to the Service;
- shall not be liable to the Customer for any loss, liability, costs, damage, claim or compensation whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in tort, negligence or otherwise) in connection with the provision and/or use of the Service; and
- to the fullest extent permitted by law exclude all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to by law.
9. Force Majeure
Airtel shall not be liable for any failure to perform its obligations delineated herein, where such failure is because of reasons beyond the control of Airtel, which may include but not limited to Acts of Nature(including fire, flood, earthquake, storm, hurricane or other natural disasters), theft, robbery, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], rainfall, failure of communications, failure of equipment, transmission loss or fault due to atmospheric conditions (including geographic, topographical, hydrological or environmental etc.). Customer confirms and acknowledges that during any of the events mentioned in this clause, Airtel will be excused from providing Service to the Customer and Customer shall not claim performance of any of the obligations which may remain suspended during the continuance of such Force
10. Choice of Law
The terms and conditions shall be governed by the laws of India.
11. General
- These Airtel Xstream Fiber Mesh Package Terms set forth all rights for the Customer in relation to use of the Service and contains the entire agreement between the parties. These Airtel Xstream Fiber Mesh Package Terms supersedes any other communications, representations or advertising relating to the Service.
- No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Airtel. If any provision of these Airtel Xstream Fiber Mesh Package Terms is held invalid, the remainder of these Airtel Xstream Fiber Mesh Package Terms shall continue in full
- Airtel reserves the right to alter, modify, add to or otherwise vary these Terms from time to time in such manner as Airtel deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Service after such amendment, the Customer shall be deemed to have accepted the amendments.
- Airtel reserves the right to update the FAQs without prior notice. All information is correct at the point of publication.