This Extenuating Circumstances Policy (“Policy”) explains how cancellations are handled when unforeseen events beyond your control arise after your ordering and make it impracticable to complete your order. This Policy applies to ordering for both full projects and services engagements (disposable or repeatable). When these Policy mention “Tounca”, “we,” “us,” or “our,” it refers to the Tounca LLC. If you see an undefined term in this Policy, it has the same definition as in the Terms and Conditions. This policy applies to all users of Tounca Marketplace Platform anywhere in the world, including users of Tounca’s websites, features, future apps, or other services.
When this Policy allows for cancellation or postponing, it controls and takes precedence over the Cancellation and Refund Policy (“Cancellation Policy”). Clients that are impacted by an event covered by this Policy can cancel or postpone their ordering and receive, depending on the circumstances, in a case of canceling a cash refund, or other consideration. Experts that are impacted by an event covered by this Policy can cancel or postpone without adverse consequences, but, depending on the circumstances, they will not be allowed to sign any additional contract for the same period where they cancelled or postponed services. Accordingly, Tounca (company itself, official representatives, and management) can cancel or postpone all contracts or parts of contracts in its sole discretion with Clients and/or Experts when we are impacted by an event covered by this Policy.
All cancellations made in accordance with this Policy will be treated as cancelation with a valid reason, but fees mentioned in Section 6.2 of the Cancellation Policy will be applicable.
This Policy uses the term “Event” to refer to the following situations that occur after ordering, are unforeseen at the time of ordering, and prevent or legally prohibit completion of the project or service delivering.
(a) Administering and enforcing economic and/or trade sanctions based on (i) US foreign policy and national security goals against targeted foreign countries and regimes if they relate to the Client’s or Expert’s residential country, (ii) United Nations Security Council decision against the Client’s or Expert’s residential countries, and (iii) decision(s) of governments related with the Client’s or Expert’s residential countries.
(b) Unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination if a contract implies traveling to the Client’s site. This doesn’t include lost or expired travel documents or other personal circumstances relating to an Expert’s authorization or our representative to travel.
(c) In a case that it is required for an Expert or our representative to travel to the Client’s site, travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the Client’s location. This does not include non-binding travel advisories and similar government guidance.
Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area—for example, malaria in Thailand or dengue fever in Hawaii.
Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.
Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location—for example, hurricanes occurring during hurricane season in Florida.
Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); and cancellation or rescheduling of the reason for which the ordering was made. If you cancel a reservation in these cases, the amount refunded will be determined by the Cancellation Policy that applies to the ordering.
If we notify you or publish information confirming that this Policy applies to your ordering, please follow the cancellation, postponing, or other instructions that we provide. When we have notified you or published information about how this Policy applies, you should have the option to cancel under this Policy through offered option(s). If you believe this Policy applies to your ordering, but we have not notified you or published information about the Event, please contact us immediately to cancel your order or engagement. In all cases, you should be prepared to provide documentation that shows how the Event has impacted you or your order or engagement.
If you have questions, please our Customer Service for more information.
This Policy applies to all Client’s orderings or Expert’s accepted engagements as well as with the Contract’s signed by Tounca with a starting date on or after the effective date. This Policy doesn’t apply to your orderings or accepted engagement if Events existed in the moment of agreement, and you know for it.