This website is operated by Accelpay, a company formed under the laws of the state of New York. Throughout the site, the terms “Accelpay”, “we”, “us” and “our” refer to Accelpay. Accelpay offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1. Agency and Retail Relationship
1.1 Product Purchase and Agency
When a customer purchases a product using our checkout page, they are not purchasing that product from Accelpay. The customer is appointing Accelpay as the agent to place an order via a third-party licensed retailer.
1.2 Relationship to Licensed Third Party Retailers
Accelpay is a marketing company that acts as the agent for alcohol suppliers/brands and the retailer. When an Alcohol Supplier's (the Brand) customer seeks to purchase a product from a website using Accelpay’s checkout functionality, they are appointing Accelpay to act as their agent to place the order with a licensed third party retailer. Each licensed retailer may only sell and deliver to states which that retailer is legally permitted to deliver to. If the retailer accepts the order, they will deliver the product to the address that is provided by Accelpay.
1.3 Licensed Third Party Retailer Tax Obligations
The Brand’s customers are required to pay the state and local sales tax associated with the sale and delivery in the state with which the product(s) will be delivered. Tax money will be retained by Accelpay and remitted to the appropriate taxing authority in the event that the state in which the retailer resides is different from the state in which the product(s) are being delivered. In the event that the product(s) are delivered in the state with which the retailer resides all tax monies will be sent to the retailer to remit to their local tax authority.
2. Product Information
2.1 Product Display
Accelpay will make an effort to display the Brand’s product as accurately as possible and within the Brand’s style guidelines. Accelpay will also make an effort to display availability/inventory as accurately and up to date as possible in partnership with the licensed third-party retailer. For custom integrations on websites or other platforms, the brand and retailer both agree to outline their specifications as clearly as possible to be agreed to by Accelpay representatives.
2.2 Product Availability and Returns
Certain products or services may not be available depending on geographic region, jurisdictions or the retail partners’ inventory. These products or services may have limited quantities, may not be returnable, and if returnable, may be returned or exchanged only according to the return policy of the retailer. The policies of that licensed third party retailer and their state may impact the local return policy.
3. General Conditions
3.1 Right to Refusal
With cause, Accelpay, the alcohol supplier/brand and the retailer reserves the right to refuse a purchase to anyone for any reason at any time, including limiting availability for shipping to certain states as needed.
With cause, Accelpay reserves the right to refuse to place any order the brand asks us to place. Both the brand and Accelpay understands that the licensed third party retailer have the right to refuse or reject any order placed with it. Accelpay or the licensed third party vendor may, in our or its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Accelpay makes a change to or cancel an order, Accelpay may attempt to notify the brand, retailer and customer by contacting the e-mail and/or billing address or phone number provided at the time the order was made.
3.2 Payment Information
Brand and retailer understands that their content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Brand and retailer agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Accelpay, the use of Accelpay, or access to Accelpay without written permission by Accelpay the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without written permission by Accelpay.
4.1 Site Accuracy
Accelpay is not responsible if information made public on the brand or retailer’s website is not accurate. Brand and retailer agrees to provide Accelpay with complete and current information regarding product skus to ensure Accelpay’s checkout form is maintained as accurate as possible.
4.2 Use of Site
By using Accelpay services, retailer agrees that they may not use Accelpay for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to alcoholic beverage laws and copyright laws).
4.3 Third Party Tools
Accelpay may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Agreement.
4.4 Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, the customer, Brand or Retailer is prohibited from using Accelpay or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Accelpay reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Customer, Brand and Retailer hereby indemnifies and holds Accelpay harmless from and against any and all legal actions, damages and expenses, including legal fees from any claims that may arise out of the obligations, duties and liabilities under this Standard Customer Agreement.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either the Brand, Retailer or Accelpay.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate a transaction at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
7. Jurisdiction and Governing Law
This Agreement shall be construed and interpreted in accordance with the laws of the state of New York. The parties hereto hereby irrevocably attorn to the jurisdiction of the courts in the state of New York with respect to any and all issues arising from this Agreement. This Agreement shall not be amended, in whole or in part, at any time unless upon mutual agreement in writing between the Brand, Accelpay and the Retailer.