India: Benami Transactions In India And Analysis Of The Provisions Relating To Attachment And Confiscation Of Property Under The Benami Transactions (Prohibition) Amendment Act, 2016

Last Updated: 5 January 2018
Article by Vijay Pal Dalmia, Partner

Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

BACKGROUND

Despite the fact, the Benami Transactions (Prohibition) Act, 1988 came into force on 19.05.1988 (hereinafter referred as "1988 Act") in India, even at that time the concept of benami transaction was not alien in India. There are plenty of judgments wherein the Hon'ble Supreme Court and various High Courts of India have dealt with the concept of benami transaction, and benami transactions have been an integral part of Indian psyche even prior to the advent of 1988 Act.

The Hon'ble Supreme Court in the year 1980 while dealing with the case of Thakur Bhim Singh (Dead) by Lrs and Anr. Vs. Thakur Kan Singh, (1980) 3 SCC 72, had elaborated the concept of "Benami Transaction" and included primarily 2 types of transactions broadly under its purview. Firstly, when a person buys a property with his own money in the name of another person without any intention to benefit such other person and secondly, when a person who is owner of the property executes a conveyance in favour of another without the intention of transferring the title to the property. The relevant extract from the judgment reads as under:

"Two kinds of benami transactions are generally recognized in India.

Where a person buys a property with his own money but in the name of another person without any intention to benefit such other person, the transaction is called benami. In that case, the transferee holds the property for the benefit of the person who has contributed the purchase money, and he is the real owner.

The second case which is loosely termed as a benami transaction is a case where a person who is the owner of the property executes a conveyance in favour of another without the intention of transferring the title to the property thereunder. In this case, the transferor continues to be the real owner.

The difference between the two kinds of benami transactions referred to above lies in the fact that whereas in the former case, there is an operative transfer from the transferor to the transferee though the transferee holds the property for the benefit of the person who has contributed the purchase money, in the latter case, there is no operative transfer at all and the title rests with the transferor notwithstanding the execution of the conveyance. One common feature, however, in both these cases is that the real title is divorced from the ostensible title and they are vested in different persons."

Furthermore, in the above case the Supreme Court has also laid down the parameters for determining, whether a transaction is Benami or not, as under:

"The principle governing the determination of the question whether a transfer is a benami transaction or not may be summed up thus:

(1) The burden of showing that a transfer is a benami transaction lies on the person who asserts that it is such a transaction;

(2) if it is proved that the purchase money came from a person other than the person in whose favour the property is transferred, the purchase is prima facie assumed to be for the benefit of the person who supplied the purchase money, unless there is evidence to the contrary;

(3) the true character of the transaction is governed by the intention of the person who has contributed the purchase money, and

(4) the question as to what his intention was has to be decided on the basis of the surrounding circumstances, the relationship of the parties, the motives governing their action in bringing about the transaction and their subsequent conduct etc."

(Emphasis supplied)

Before coming of the 1988 Act, benami transactions were not illegal in India, and there was no bar or punishment under any law for entering into any benami transaction and the said properties which were the subject matter of the benami transaction were also not liable for confiscation by the government. However, the only thing which was not permitted under the law was recovery of the benami property by the real owner from the benamidar (in whose name the property was held), if the benami transaction was entered to evade a statute or to commit a fraud and the parties succeeded in such evasion or fraud. The Supreme Court in Smt. Surasaibalini Debi vs. Phanindra Mohan Majumdar, AIR1965SC1364, relied upon the decision of the Privy Council in the case of Petherpermal Chetty v. Muniandi Servai [1908] L.R. 35 IndAp 98 and elaborated the aforesaid concept of recovery of property by the real owner as under:

"No doubt, for the purpose of deciding whether property could be recovered by the assertion of a real title there is a clear distinction between cases where only an attempt to evade a statute or to commit a fraud has taken place and cases where the evasion or the fraud has succeeded and the impermissible object has been achieved. The leading decision upon this point is that of the Privy Council in Petherpermal Chetty v. Muniandi Servai [1908] L.R. 35 IndAp 98 where Lord Atkinson dealing with the effect of benami conveyances which are motivated by the design to achieve an illegal or fraudulent purpose, quoted from Mayne's Hindu Law (7th ed. p. 595, para 466) the following as correctly setting out the law:

"Where a transaction is once made out to be a mere benami it is evident that the benamidar absolutely disappears from the title. His name is simply an alias for that of the person beneficially interested. The fact that A has assumed the name of B in order to cheat X can be no reason whatever why a Court should assist or permit B to cheat A. But if A requires the help of the Court to get the estate back into his own possession, or to get the title into his own name, it may be very material to consider whether A has actually cheated X or not. If he has done so by means of his alias, then it has ceased to be a mere mask, and has become a reality. It may be very proper for a Court to say that it will not allow him to resume the individuality which he has once cast off in order to defraud others. If, however, he has not defrauded any one, there can be no reasons why the Court should punish his intention by giving his estate away to B, whose roguery is even more complicated than his own ...... For instance, persons have been allowed to recover property which they had assigned away .... where they had intended to defraud creditors, who, in fact, were never injured ...... But where the fraudulent or illegal purpose has actually been effected by means of the colourable grant, then the maxim applies, 'In pari delicto potior est conditio possidentis'. The Court will help neither party. 'Let the estate liewhere it falls'."

ENACTMENT OF THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988

As, there was no law to curb the flourishing benami transactions in India and punish the offenders, the 1988 Act was enacted with an aim to prohibit the benami transactions. The 1988 Act defined benami transactions as a transaction in which property is transferred to one person for a consideration paid or provided by another person, prohibited them and provided punishment for entering into any benami transaction with imprisonment for a term which may extend to three years or with fine or with both. The 1988 Act further prohibited recovery of the property held benami from benamidar by the real owner and properties held benami were also liable for confiscation. However, during the process of formulating the rules for implementing certain provisions of the 1988 Act, it was found that owing to infirmities in the legislation it would not be possible to formulate the rules without bringing the comprehensive legislation and repealing the existing 1988 Act. Due to the infirmities in the 1988 Act, relevant rules for implementing the certain provisions of the 1988 Act couldn't see the light of the day. The 1988 Act further didn't provide any mechanism or process of confiscation/acquisition of the benami property and hence, no such effective action for confiscation of benami property could be taken.

On perusal of the 28th report of the Standing Committee on Finance, dated April 2016, on the Benami Transactions Prohibition (Amendment) Bill, 2015, it can be seen that the reason behind amending the 1988 Act instead of repealing the said Act, was to include all the benami transactions under its ambit on which no action was taken under the 1988 Act, so that consequential action could follow. The Ministry of Law was of the opinion that in case, 1988 Act gets repealed by new act  then no action would be possible on any such transaction which occurred between 1988 and the date of repealing the 1988 Act, as the benami transactions during the intervening period of twenty six years, would have in fact resulted in immunity since no action could be initiated in the absence of a specific provision in the Repeals and Savings clause. It was therefore suggested by the Ministry of Law, that it would be advisable to comprehensively amend the existing Benami Transactions (Prohibition) Act, 1988, so that the offences committed during the last twenty six years are also covered.

ADVENT OF THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016

The Benami Transactions (Prohibition) Amendment Act, 2016 which is also be called as Prohibition of Benami Property Transactions Act, 1988 (hereinafter also referred as "2016 Act") finally came into force with effect from 1st November 2016.

The 1988 Act has been substantially amended by the 2016 Act, and various provisions and authorities have been established to curb benami transactions and confiscate benami Properties. Under the 2016 Act, the scope of benami transaction has been widened, and the punishment and penalties have been made more stringent.

CONCEPT OF BENAMI PROPERTY AND BENAMI TRANSACTION UNDER THE 2016 ACT

Under the 2016 Act, the term "Benami Property" under section 1(8) has been defined as under:

  • A Benami Property means any property which is the

    • subject matter of a benami transaction

    and

    • also includes the proceeds from such property.

From the above definition, it is clear that even the proceeds received from a property which is part of a Benami Transaction, will be covered under the definition of Benami Property. The definition of property under 2016 Act include assets of any kind, whether movable or immovable, tangible or intangible, corporeal or incorporeal.

Under Section 1 (9) of the 2016 Act, the term "Benami Transaction" has been defined as under:

A Benami Transaction means,-

  • a transaction or an arrangement-

    • where a property

      • is transferred to, or is held by, a person,

        and
      • the consideration for such property has been provided, or paid by, another person;
    • and
    • the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by-

      1. a Karta or a member of a Hindu undivided family..........;
      2. a person standing in a fiduciary capacity for the benefit of another person towards whom he stands in such capacity.........;
      3. any person being an individual in the name of his spouse or child ............;
      4. any person in the name of his brother or sister or lineal ascendant or descendant........; or
    • a transaction or an arrangement in respect of a property carried out or made in a fictitious name; or
    • a transaction or an arrangement in respect of a property where the owner of the property is not aware of, or, denies knowledge of, such ownership; or
    • a transaction or an arrangement in respect of a property where the person providing the consideration is not traceable or is fictitious.

From a plain reading of the above Section, it has been mandated that following transactions shall fall under the scope of Benami Transaction:

  1. Where the property is held by or transferred to another person, andthe property is held by that another person, for the immediate or future benefit of the person who has provided the consideration for such property;
  2. Where a transaction has been made under a fictitious name;
  3. Where the owner is not aware or denies knowledge of the ownership of the property; and
  4. The person providing the consideration is not traceable.

AUTHORITIES ESTABLISHED UNDER THE 2016 ACT

The 2016 Act provides for setting 4 major Authorities, namely:

  • The Initiating Officer
  • The Approving Authority
  • The Administrator
  • The Adjudicating Authority

For the purpose of the 2016 Act, the above authorities have been vested with the same powers as those of the Civil Courts under Civil Procedure Code, 1908

PROCESS OF ATTACHMENT OF BENAMI PROPERTY

  • Under Section 24 of the 2016 Act, the Initiating Officer, if has reason to believe that any person is benamidar, will issue notice to:

    • Benamidar

      and
    • Beneficial owner (if identity known).
  • The Initiating Officer with the approval of Approving Authority can attach the property for a period not exceeding 90 days, if in his opinion, the person to whom notice has been issued may alienate the property during notice period.

    The Initiating Officer shall after making inquiries and considering evidence and all other relevant material, with the approval of Approving Authority and within a period of 90 days from the date of issuance of notice:
  • If there is a provisional attachment:

    • Pass an order continuing the provisional attachment of the property till the adjudication order by the Adjudicating Authority; or
    • Revoke the provisional attachment order.
  • If there is no provisional attachment:

    • Pass an order for attaching the property till the adjudication order by the Adjudicating Authority; or
    • Decide not to attach the property.

      If there is any order for attachment of the property or continuation of the provisional attachment, the Initiating Officer shall draw up a statement of the case and refer it to Adjudicating Authority within 15 days from the date of such attachment.

ADJUDICATION OF BENAMI PROPERTY

  • After the reference is made to the Adjudicating Authority by the Initiating Officer, the Adjudicating Authority under Section 26 of the 2016 Act, within 30 days of the reference, shall issue notice to:

    • Benamidar;
    • Beneficial owner (if identity known);
    • Any interested party( including banking company);
    • Any person who has made claim in the respect of the benami property; and
    • All the joint owners if the property is held jointly (if identity known).
  • To furnish all documents and evidence in their support.

    • A period of at least 30 days shall be given to the person, to whom the notice has been issued.
  • After considering the reply, evidence and all other relevant material, and granting an opportunity of being heard to the affected parties and the Initiating Officer, the Adjudicating Authority should pass an order holding property:

    • As not to be benami and revoking the attachment order; or
    • As to be benami and confirming the attachment order.
  • Adjudicating Authority has to pass an order before the expiry of one year from the end of the month in which the Initiating Officer has made the reference.

SEQUENCE CHART BRIEFLY EXPLAINING THE PROCESS OF ATTACHMENT OF BENAMI PROPERTY AND ITS ADJUDICATION

CONFISCATION OF BENAMI PROPERTY

  • If the Adjudicating Authority has held any property as benami property, the Adjudicating Authority under Section 27 of the 2016 Act, shall after giving an opportunity of hearing to the concerned person, pass an order to confiscate the attached property.

    • If an appeal has been preferred against the order of attachment passed by Adjudicating Authority, the property shall be confiscated after the order of the Appellate Tribunal.
  • If any property is held or acquired by any person from the benamidar for adequate consideration prior to the issuance of the Notice by Initiating Officer, that property won't get confiscated.
  • Any right of any third person created in such property with a view to defeat the purposes of this Act shall be null and void.
  • Pursuant to the order of confiscation, all the rights and title in such property shall vest absolutely with the central government free of all encumbrance and no compensation shall be payable.
  • The Administrator will administer the confiscated property.

APPEALS

  • Any person aggrieved by the order of the Adjudicating Authority of holding the property as benami or not, can file an appeal to the Appellate Tribunal within 45 days from the date of the order. An appeal against the order of the Appellate Tribunal may be preferred in the High Court within 60 days.

PROHIBITION OF & PENALTY FOR BENAMI TRANSACTIONS

  • Any person who had entered into any benami transaction prior to the commencement of the 2016 Act shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
  • Under Section 53 of the 2016 Act, whosoever enters into any benami transaction on and after the date of commencement of the 2016 Act i.e. 11th November 2016, and any other person who abets or induces any person to enter into the benami transaction, shall be guilty of the offence of benami transaction and shall be punishable with rigorous imprisonment for a term which shall not be less than one year, but which may extend to seven years and shall also be liable to fine which may extend to 25% of the fair market value of the property.

COMMENTS

From comparison of the 1988 Act with the 2016 Act, it becomes clear that 1988 Act didn't have any mechanism or process of confiscation/ acquisition of the benami property and therefore, no benami property could be acquired by the government. On the other hand, the 2016 Act is a comprehensive law which not only provides for the mechanism and process for attachment and confiscation of the benami property, but has also enaected the administrative structure for proper implementation of such provisions. The 2016 Act has not only widened the ambit of benami Transaction, but the same also mandates for more stringent punishment. By the 2016 Act, the Government of India has made its intentions abundantly clear that the benami transactions occurred during the intervening period of 1988 to 2016 are not going to be spared.

However, in order to protect the bonafide purchaser of the benami property, from the perusal of the Section 27 clause (3) and (4) of the 2016 Act, it can be observed that the 2016 Act has excluded the benami properties which has been purchased by the bonafide purchaser for adequate consideration, prior to the issuance of notice by the Initiating Officer, from the scope of confiscation under the 2016 Act.

It appears that inadvertently, the Parliament while amending the 1988 Act did not make any amendment in sub clause 3 of Section 1 of 1988 Act, which deals with the different effective date of sections 3, 5 and 8 of the 1988 Act from the rest of the sections of 1988 Act. As, no amendment has been made in sub clause 3 of Section 1 of 1988 Act under the 2016 Act, the same reads as under:

"The provisions of sections 3, 5 and 8 shall come into force at once, and the remaining provisions of this Act shall be deemed to have come into force on the 19th day of May, 1988".

Due to the existence of the aforesaid provision in the 2016 Act, it is likely that unnecessary confusion will prevail on the date of application of the sections of 2016 Act, thereby causing unwarranted litigation and ridiculous interpretations as to the applicability of the 2016 Act.

There is no doubt that 2016 Act has been enacted to bolster the efforts of the Government to curb the parallel economy and eradicate the black money, and this enactment has some teeth to deal with the menace of benami transactions.

By

Vijay Pal Dalmia, Advocate

Supreme Court of India & Delhi High Court

Mobile: +919810081079

Email: vpdalmia@vaishlaw.com

AND

Rajat Jain, Advocate

Mobile: +91 9953887311

Email: rajatjain@vaishlaw.com

© 2017, Vaish Associates Advocates,
All rights reserved
Advocates, 1st & 11th Floors, Mohan Dev Building 13, Tolstoy Marg New Delhi-110001 (India).

The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Vijay Pal Dalmia, Partner
Similar Articles
Relevancy Powered by MondaqAI
Vaish Associates Advocates
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Vaish Associates Advocates
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions