Privacy Policy

Your privacy is important to us. It is Accelpay's policy to respect your privacy regarding any information we may collect from you across our website, https://www.accelpay.io/, and other sites we own and operate.

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.

We don’t share any personally identifying information publicly and have outlined the purposes and third-party tools/services used by Accelpay below.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us at dpo@accelpay.io or via the contact information below.

This policy is effective as of 21 December 2020.

Contact Information:

Owner and Data Controller
Accelpay
110 Charlton Street, 19H
New York, NY, 10014, USA‍

Owner Contact Email
dpo@accelpay.io

Owner Phone
908-883-4128

Personal Data Collected for the Following Purposes and Using the Following Services:

Analytics
Google Analytics, HubSpot Analytics
Personal Data: Cookies; Usage Data

Contacting the User
Contact Form
Personal Data: Company; email address; first name; last name; eCommerce platform; POS; phone number; website

Handling Payments
Stripe
Personal Data: various types of Data as specified in the privacy policy of the service

Infrastructure Monitoring
Rollbar and New Relic
Personal Data: various types of Data as specified in the privacy policy of the service

Location-Based Interactions
Geolocation
Personal Data: geographic position

Managing Contacts and Sending Messages Mailchimp Email
Personal Data: Company name, first name, last name, title, eCommerce Platform, POS, phone, email address; Usage Data

TwilioPersonal Data: first name, last name, company name, phone number

SendgridPersonal Data: email address

MailgunPersonal Data: email address

Managing Support and Contact Requests
Desk.com and Help ScoutPersonal Data: various types of Data as specified in the privacy policy of the service

Remarketing and Behavioral Targeting
Adroll Remarketing
Personal Data, Cookies, Usage Data

Facebook RemarketingPersonal Data: Cookies; Usage Data

Facebook Custom AudiencePersonal Data: Cookies; email address

Tag Management
SegmentPersonal Data: Cookies; Usage Data

Terms of Service

Acceptance of These Terms of Service
Paiseh, Inc. (“Accelpay,” “we,” “us,” or “our”) provides services to vineyards, brewers, distillers and other producers and providers of alcoholic beverages (each, a “Brand”) to embed our e-commerce tools (the “Accelpay Tools”) into websites under the Brand’s control (the “Brand’s Site”) and permit visitors to the Brand’s Site (“Consumers,” “users,” “you” or “your”) to use the Accelpay Tools to submit orders of the applicable Brand’s products (“Products”) to a third-party retailer licensed to sell the Products (each, a “Retailer”).  We refer to your ability to access the Accelpay Tools, including any updated or new features and functionality thereof, as the “Service”.  For the avoidance of doubt, the Service expressly excludes any other technology made available by the Brand or third parties on the Brand’s Site. All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ACCELPAY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.‍

Your Privacy
At Accelpay, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.accelpay.io/legal/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein, including disclosure of personal data to Retailers from whom you purchase Products (as defined below) and the related Brands.

Access and Use of the Service
Service Description: The Service provides you with the ability to purchase the Products directly from a Retailer.  When you select a Product and use the Service to submit your payment information, you are submitting an order to a Retailer for their acceptance or rejection (each such accepted order, hereinafter referred to as a “Qualifying Purchase”).  More details about Qualifying Purchases, Products and Retailers are described below.

Your Registration Obligations: You may be required to register with Accelpay or provide information about yourself (e.g., name, date of birth and email address) 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. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 21 years of age, you are not authorized to use the Service.

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Accelpay of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Accelpay will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: Accelpay reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Accelpay will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Accelpay may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Accelpay’s or its third-party service providers’ servers on your behalf. You agree that Accelpay has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Accelpay reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Accelpay reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Products
Pricing: Brands cannot set prices for Products on the Brand’s Site because these Products are sold by Retailers, who may have variable prices.  At any time, a Retailer may change the prices for Products, and/or cease offering Products.  There may also be delays in updating information on the Brand’s Site regarding Products.  Products may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Brand’s Site. Notwithstanding anything to the contrary herein, the actual price for the Products as sold by Retailers will be displayed to you prior to your purchase within the Service.

You agree to pay for taxes, shipping or carriage of the Products as such costs are specified on the Brand’s Site when you submit your Qualifying Purchase.

Orders: If you wish to purchase any Products using the Service, you agree to provide your payment information at the time you submit a request for Products (each, an “Order”).  All Orders are subject to the acceptance of the applicable Retailer, although you may receive written confirmation via email or your account on the Service that the Order has been transmitted.  All Qualifying Purchases must be for your personal use only, or the use of other individuals who are 21+ to whom you may “gift” a Product.  By placing an Order, you hereby agree not to resell or distribute such Products for any commercial purposes.  Additionally, all Orders are subject to our acceptance or rejection based on Product availability, compliance with these Terms of Service or any other reason as determined in our sole discretion.  For instance, if we have reason to believe that your Order is not for personal use, we reserve the right to reject or cancel any Order that you place.  We also reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.

Retailer Policies: All Orders are subject to the terms and conditions of the applicable Retailer, if any (the, “Retailer Policies”).  Retailer Policies may include policies regarding shipping, refunds, rejections, exchanges and cancellations of Orders.  We cannot guarantee that the Retailer will comply with their Retailer Policies. The Retailer Policies are subject to change; before placing any Orders, you must review the applicable Retailer Policies as they may be updated, and will govern the purchase of any Products.  As between Accelpay and you, in the event of a conflict between the Retailer Policies and these Terms of Service, these Terms of Service will govern.

Returns, Refunds: All requests for returns, adjustments, exchanges, cancellations and refunds of Qualifying Purchases should be directed to the applicable Retailer.  All returns, adjustments, exchanges, cancellations and refunds are subject to the terms of the applicable Retailer Policies.

Delivery: You acknowledge that the ultimate delivery of your Products is performed by the Retailer and its third-party partners, suppliers and vendors.  You agree to comply with any Retailer Policies related to the delivery of your Products, including your obligation to be physically present at the time of delivery and to display a validly issued form of identification demonstrating proof of your legal age, and acknowledge that Accelpay is not responsible for your failure to comply with the requirements contained therein.

Payment
Qualifying Purchases: You agree to have sufficient funds or credit available upon placement of any Order to ensure that the purchase price will be collectible by Accelpay.

Payment Method: Collection of your credit card or other payment information and the processing of payment of fees for Orders (“fees”) will be performed by a third-party payment processor.  ACCELPAY DOES NOT PROCESS PAYMENT FOR ANY ORDERS.  To facilitate payment for Orders via bank account, credit card, or debit card, we often use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor, but some Retailers will require use of other third-party providers of payment processing services (e.g., Shopify), in which case those third party providers will be the “Payment Processor” for purposes of these Terms of Service.  Payment processing services provided by Stripe are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements") and payment processing services provided by the Payment Processor are subject to the Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively with the Stripe Agreements, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Payment Processor Agreements for the payment function the user is using, as the same may be modified by Stripe or the Payment Processor from time to time. You hereby authorize Stripe or the Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your Qualifying Purchases. Please contact Stripe or the Payment Processor for more information.

You will tender payment to either Stripe or the Payment Processor and fees will be processed by Stripe or the Payment Processor, as applicable.  Information provided to either Stripe or the Payment Processor is governed by the Payment Processor Agreements.  We are not responsible for the performance of either Stripe or the Payment Processor.  You represent and warrant to Accelpay that such information is true and that you are authorized to use the payment instrument.  You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.  You agree to pay the Retailer the amount that is specified for the Qualifying Purchase in accordance with the terms of these Terms of Service.  You shall be responsible for all taxes, including state and local taxes, associated with the Qualifying Purchase.    If all eligible payment methods we have on file for you are declined or your payment otherwise fails, we may immediately cancel your Order or Qualifying Purchase, as applicable.  If you contact your bank or credit card company to decline or reverse the charge of fees, we may cancel your Qualifying Purchase and revoke your access to the Service in general or terminate your account.  If you dispute any charges you must inform Accelpay by emailing us at support@accelpay.io within thirty (30) days after the date that Accelpay charges you.

Conditions of Access and Use
User Conduct: You are solely responsible for all code, information, data and other content that you make available to Accelpay (“User Content”), including by inputting or uploading (hereinafter, “upload(ing)”) via the Service.  The following are examples of the kinds of uses that are illegal or prohibited by Accelpay. Accelpay reserves the right to investigate and take appropriate legal action against anyone who, in Accelpay’s sole discretion, violates this provision, including suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

a)          interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

b)          violate any applicable local, state, national, or international law, or any regulations having the force of law;

c)          impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d)          harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

e)          further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

f)           obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;

g)          circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or

h)          engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Accelpay from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Competitors: No employee, independent contractor, agent, or affiliate of any competing ecommerce services company is permitted to view, access, or use any portion of the Service without express written permission from Accelpay. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Accelpay or any of its affiliates, or acting on behalf of a competitor of Accelpay in using or accessing the Service.

Mobile Services and Software
Mobile Services: The Service includes certain services that are available via a mobile device, including the ability to browse the Service from a mobile device (the “Mobile Services”). To the extent you access the Mobile Services, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Accelpay and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Accelpay account information to ensure that your messages are not sent to the person that acquires your old number.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Accelpay, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Accelpay.

Special Notice for International Use; Export Controls: Accelpay is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at: https://www.accelpay.io/legal/privacy. If required by any license for particular open source software, Accelpay makes such open source software, and Accelpay’s modifications to that open source software (if any), available by written request to support@accelpay.io. Copyrights to the open source software are held by the respective copyright holders indicated therein.

Intellectual Property Rights
Service Content: 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, in whole or in part. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Accelpay name and logos are trademarks and service marks of Accelpay (collectively the “Accelpay Trademarks”). Other Accelpay, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Accelpay. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Accelpay Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Accelpay Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Accelpay be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Accelpay does not pre-screen content, but that Accelpay and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Accelpay and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Accelpay, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to User Content, including all copyrights and rights of publicity contained therein. You hereby grant Accelpay and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service, including distributing your User Content to Brands and Retailers for the purpose of processing Qualifying Purchases, and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Accelpay and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Accelpay are non-confidential and Accelpay will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Accelpay may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Accelpay, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Services and Websites
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Facebook or Twitter. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Accelpay has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Accelpay, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Accelpay enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Accelpay will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification
You agree to defend, indemnify, and hold harmless Accelpay, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Accelpay Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Accelpay Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Accelpay Party. Accelpay will provide notice to you of any such claim, suit, or proceeding. Accelpay reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Accelpay’s defense of such matter. You may not settle or compromise any claim against the Accelpay Parties without Accelpay’s written consent.

Disclaimers
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.THE ACCELPAY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

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.

ACCELPAY DOES NOT FULFILL QUALIFYING PURCHASES AND ONLY ASSISTS IN THE PROCESSING OR PLACING THEREOF, AND DOES NOT GUARANTEE, ENDORSE OR HAVE CONTROL OVER ANY BRANDS, PRODUCTS OR RETAILERS.  ALL PRODUCTS ARE PROVIDED SOLELY BY THE RETAILERS.  INFORMATION POSTED BY A BRAND OR A RETAILER MAY CONTAIN ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT.  ACCELPAY DOES NOT SHIP OR INSPECT ANY PRODUCTS, AND ACCELPAY DOES NOT GUARANTEE THAT A RETAILER WILL ACTUALLY FULFILL A QUALIFYING PURCHASE.  ACCELPAY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, VALIDITY, RELIABILITY, TIMELINESS OR ACCURACY OF ANY INFORMATION PROVIDED BY THE BRANDS OR RETAILERS AND DOES NOT INDEPENDENTLY VERIFY THIS INFORMATION, AND ACCELPAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS OR RETAILERS, OR THAT A PRODUCT OR RETAILER WILL MEET YOUR REQUIREMENTS, NEEDS OR EXPECTATIONS.

Limitation of Liability
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 (EVEN IF THE ACCELPAY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) A MINOR’S USE OF THE SERVICE TO ILLEGALLY OBTAIN POSSESSION OF ALCOHOLIC BEVERAGES (C) THE COST OF PROCUREMENT OF REPLACEMENT PRODUCTS; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY BRAND OR ANY RETAILER; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. 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).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

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.

ACCELPAY DOES NOT FULFILL QUALIFYING PURCHASES AND ONLY ASSISTS IN THE PROCESSING OR PLACING THEREOF, AND DOES NOT GUARANTEE, ENDORSE OR HAVE CONTROL OVER ANY BRANDS, PRODUCTS OR RETAILERS.  ALL PRODUCTS ARE PROVIDED SOLELY BY THE RETAILERS.  INFORMATION POSTED BY A BRAND OR A RETAILER MAY CONTAIN ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT.  ACCELPAY DOES NOT SHIP OR INSPECT ANY PRODUCTS, AND ACCELPAY DOES NOT GUARANTEE THAT A RETAILER WILL ACTUALLY FULFILL A QUALIFYING PURCHASE.  ACCELPAY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, VALIDITY, RELIABILITY, TIMELINESS OR ACCURACY OF ANY INFORMATION PROVIDED BY THE BRANDS OR RETAILERS AND DOES NOT INDEPENDENTLY VERIFY THIS INFORMATION, AND ACCELPAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS OR RETAILERS, OR THAT A PRODUCT OR RETAILER WILL MEET YOUR REQUIREMENTS, NEEDS OR EXPECTATIONS.

Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” 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 (including any alleged breach thereof), 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 Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Accelpay are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief: 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. UNLESS BOTH YOU AND ACCELPAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution: Accelpay is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@accelpay.io. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Accelpay should be sent to support@accelpay.io (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Accelpay and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Accelpay may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Accelpay or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Accelpay is entitled.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Accelpay and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Accelpay agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Accelpay will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Accelpay will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Accelpay will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms of Service to the contrary, Accelpay agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Accelpay written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination: 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. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Accelpay may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be affected without prior notice, and acknowledge and agree that Accelpay may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Accelpay will not be liable to you or any third party for any termination of your access to the Service.

General: 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, and supersede any prior agreements between you and Accelpay with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. 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, as set forth above, you and Accelpay submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of Accelpay to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Accelpay, but Accelpay may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Accelpay will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Accelpay’s reasonable control.

Notice for California Users
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 (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at [Paiseh, Inc.], 110 Charlton St. 19H New York, NY 10014, support@accelpay.io, 630-599-7591.

U.S. Government Restricted RightsThe Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?
Please contact us at support@accelpay.io to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.