These Terms of Service are entered into by and between you and Paiseh, Inc. (doing business as "Accelpay") ("Company," "Accelpay," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of https://www.accelpay.io, including any content, functionality, and services offered on or through https://www.accelpay.io (the "Service").
Please read the Terms of Service carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Service.
At Accelpay, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Accelpay operates a website and mobile application that provides a marketplace solution, enabling you to purchase alcoholic beverages and related products ("Products") from participating licensed retailers ("Retailers") listed on our platform (the "Marketplace"). When you use the Service to place an order for a Product ("Qualifying Purchase"), you are contracting directly with the Retailer, not with Accelpay.
Accelpay facilitates interactions between you, participating brands ("Brands"), and Retailers. We do not own, sell, resell, furnish, provide, prepare, manage, or deliver any Products. We also do not act as agents for any Brand or Retailer except as specifically authorized. Responsibility for the Products you order lies solely with the Retailer.
You are required to register with Accelpay in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. You are responsible for all activities that occur under your account.
Accelpay makes no representations or warranties concerning any Products listed on the Service. Product availability and pricing are set by and are the sole responsibility of the Retailers and Brands.
When you place an order through the Service, you authorize Accelpay to submit your order to the applicable Retailer for processing and fulfillment. Orders are subject to acceptance by the Retailer and Accelpay. We reserve the right to refuse any order you place with us.
For any inquiries related to products purchased via Accelpay, contact our customer service at support@accelpay.io. Return and refund policies may vary by Retailer.
You may pay for Products using any of the payment methods available through our payment processor for our Service. Accelpay's role is limited to facilitating the payment process between you and the Retailer.
As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service.
You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Accelpay, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content.
The Accelpay name and logos are trademarks and service marks of Accelpay (collectively the "Accelpay Trademarks"). Nothing in these Terms of Service should be construed as granting any license or right to use any of Accelpay Trademarks without our prior written permission.
You agree to defend, indemnify, and hold harmless Accelpay, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents from any and all losses, damages, expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Service, any User Content, your violation of these Terms of Service, or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ACCELPAY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT ACCELPAY ONLY PROVIDES THE SERVICE AS A MARKETPLACE SOLUTION FOR YOU TO PURCHASE AND RECEIVE PRODUCTS FROM THE RETAILERS. ACCELPAY IS NOT A PARTY TO ANY QUALIFYING PURCHASE; BY PLACING AN ORDER, YOU CREATE AN AGREEMENT BETWEEN YOURSELF AND THE RETAILER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ACCELPAY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES. IN NO EVENT WILL THE ACCELPAY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ACCELPAY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
You agree that any and all disputes or claims that have arisen or may arise between you and Accelpay, whether arising out of or relating to these Terms of Service, the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this section, except that you may assert individual claims in small claims court.
YOU AND ACCELPAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You agree that Accelpay, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Accelpay believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Accelpay governing your access and use of the Service. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Accelpay submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted via email at dca@dca.ca.gov or in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or by telephone at (800) 952-5210.
Questions about these Terms? Contact us at support@accelpay.io or 630-599-7591.