TERMS AND CONDITIONS
- GENERAL
- The terms and conditions outlined below, in conjunction with the privacy policy and any other applicable policies that may be periodically introduced, establish the legal relationship between you (“You“, “Your“, and “User“) and Accel Revenue Ltd. (“Accelrevenue Tech Private Limited“, “We“, “Us“, and “Our“). These terms and conditions (hereinafter referred to as the “Terms“) are constructed in accordance with the Information Technology (Intermediaries Guidelines) Rules, 2011, as specified under the Information Technology Act, 2000. They govern the terms and conditions of your access and usage of the Accel Revenue platform (hereinafter referred to as the “Platform“) and the Services provided therein (defined hereinafter).
- By using the Platform, You are entering into an agreement (hereinafter referred to as the “Agreement”) with Accel Revenue. A physical or digital signature is not required to validate this Agreement. These Terms shall apply to Your utilization of Our Platform, accessible at www.accelrevenue.com. Accel Revenue is the owner, manager, and controller of the Platform, with its registered office at [Address]. You may access the Services through the Platform only upon accepting and adhering to all of the Terms set forth herein.
- Before proceeding with Your registration, access, browsing, download, or usage of Our Platform on any device, and prior to availing any services offered by Accel Revenue, it is essential that You carefully read and comprehend these Terms. Your acceptance of these Terms is a prerequisite for opting to utilize the Services through the Platform. By continuing to use the Platform or availing the Services, You acknowledge and agree to be legally bound by these Terms.
- Should You have any questions or require clarification regarding the Terms, please do not hesitate to contact us at [Contact Information].
- ACCEPTANCE OF THE TERMS
- In order to accept and be bound by these Terms, You must meet the following eligibility criteria:
- Individuals: You must be of majority age, which is 18 years and above, as an individual.
- Entities: If You are representing an entity, such as a partnership firm, corporate body, trust, or association of persons, the entity must be eligible and registered to conduct business or operations within India.
- The Services provided by Accel Revenue are intended exclusively for individuals and entities that have the legal capacity to enter into binding contracts under the Indian Contract Act, 1872. You must possess the full power and authority to utilize the Services.
- You can signify Your acceptance of these Terms by either checking the designated checkbox, clicking on the “I AGREE” button, or by actively availing Our Services. If You do not agree to these Terms, You are prohibited from availing Our Services as offered through our Platform.
- These Terms are applicable to all Users of the Services, encompassing both individuals and legal entities, including but not limited to partnership firms, corporate bodies, trusts, and associations of persons, which may be represented by You under actual or apparent authority.
- Please be aware that these Terms are subject to modifications, alterations, or updates at the sole and absolute discretion of Accel Revenue. Additionally, We may introduce new policies from time to time for availing some or all of Our Services. It is important to note that the most current version of these Terms will prevail over all previous versions. Your continued use of the Services following any changes to the Terms or the introduction of new policies indicates Your unequivocal acceptance of the latest version of the Terms.
- If You find the Terms, including any modifications or new policies, unacceptable, We kindly request that You refrain from using Our Platform and availing Our Services. Your compliance with these Terms is vital to maintaining a harmonious and legally compliant user experience.
- In order to accept and be bound by these Terms, You must meet the following eligibility criteria:
- DESCRIPTION OF SERVICES
- Accel Revenue offers a comprehensive range of services through its platform, with a primary focus on revenue-based financing (hereinafter referred to as “Services”). Our mission is to empower enterprises, particularly early-stage startups operated by both individuals and entities, by providing them with a dynamic revenue-based financing solution. This financing model is built around the monthly revenue generated by startups and is designed to facilitate growth and innovation.
- Key Aspects of Our Revenue-Based Financing Service:
- Flexible Financing Solutions: Our Platform acts as a conduit for startups to access flexible and non-dilutive financing. We recognize that every startup journey is unique, and Our financing solutions are tailored to address specific capital needs.
- Empowering Growth: Our primary goal is to fuel the growth of startups. By offering revenue-based financing, We enable startups to secure the capital required for expansion without compromising equity or taking on conventional debt.
- Innovative Financing Model: Our revenue-based financing model allows startups to receive funding from investors in exchange for a defined percentage of their monthly or quarterly revenue. This approach ensures alignment between startups and investors.
- Equity Preservation: Unlike traditional financing methods, Our revenue-based financing empowers startups to maintain ownership of their equity. This freedom enables startups to explore growth avenues without diluting their stake.
- Revenue-Linked Repayment: The heart of Our service lies in the revenue-linked repayment structure. Startups share a portion of their revenue with Our financing partners until a predetermined repayment cap is reached. This approach ensures a symbiotic relationship where startups repay in proportion to their revenue success.
- Non-Traditional Debt: Our financing solutions bridge the gap between equity and debt. Our model transcends conventional debt instruments, offering startups a distinctive financial tool to achieve their growth ambitions.
- Investor Engagement: Through Our Platform, startups connect with a network of investors who appreciate the concept of revenue sharing. This engagement brings together innovative startups and forward-thinking investors for mutual benefits.
- REGISTRATION AND ONBOARDING
- Accel Revenue is dedicated to facilitating a straightforward registration and onboarding process to grant You access to Our suite of Services. To initiate Your engagement with Us and avail Our comprehensive Services, You can complete the registration process through Our user-friendly online Platform. During this process, certain vital information will be required, including Your accurate personal details such as name, email ID, phone number, PAN, Aadhar details (as permissible under applicable law), and any other pertinent business documents as communicated to You. This information is crucial for the establishment of Your account (“Account”) on Our Platform, enabling You to effectively utilize Our Services.
- By registering, You unequivocally agree to provide precise, current, and complete information. Failure to adhere to this commitment may result in Accel Revenue’s right to annul Your registration on the Platform and revoke Your access to Our Services. A singular Account will be allocated to You, linked to Your real name or Your entity’s name, subject to any restrictions enforced by Us or mandated by applicable laws.
- Subsequent to a successful registration, We will issue You a User ID and password (“Credentials“) that will serve as Your gateway to Our Platform and its comprehensive Services. It is imperative to acknowledge that Accel Revenue is under no obligation to authenticate the authenticity of any transaction once it is generated using valid Credentials.
- You hereby grant explicit consent to Accel Revenue, either directly or through authorized third parties, to conduct essential inquiries to validate Your identity, as necessitated to comply with obligations stipulated by applicable laws and regulations.
- In the event of Your decision to terminate Your association with Us, You can promptly disable Your Account by notifying us at info@tlhc.in. Consequently, Your access to Our Services through the Platform will be revoked.
- It is of paramount importance to emphasize that Your Account is intended solely for legitimate and bona fide transactions. Any unauthorized or Prohibited Activity is categorically prohibited. Safeguarding the confidentiality of Your Credentials is Your responsibility, and You assume full accountability for all activities conducted under Your Account. Should You detect any unauthorized use or breach of Your Account, it is Your obligation to promptly notify us.
- Please be cognizant that any losses incurred by Accel Revenue or other Users due to unauthorized utilization of Your Account, resulting from Your failure to secure Your Account, will render You liable.
- LICENSE TO THE PLATFORM
- Grant of Limited License: Provided that You adhere to each and every provision set forth in these Terms, Accel Revenue hereby grants You a limited, revocable, personal, non-sub-licensable, non-transferable, and non-exclusive right to access and utilize the Platform. This grant of rights is expressly contingent upon Your intention to seek and utilize the Services in full compliance with these Terms.
- Restricted Sharing of Access: It is explicitly emphasized that, under no circumstances, shall You share or extend access to the Platform to any third party without having obtained prior written permission from Accel Revenue. Unauthorized sharing of access constitutes a breach of these Terms and may result in immediate suspension or termination of Your rights to use the Platform.
- Limitation of Rights: Apart from the rights and interests expressly provided to You within the framework of these Terms, it is unequivocally stated that You shall possess no additional rights or interests whatsoever in relation to the use of the Platform and/or the Services. Your license is strictly confined to the terms delineated in these Terms and shall not extend beyond the boundaries established herein.
- THIRD PARTY SERVICE PROVIDERS
- Engagement of Third Party Service Providers: In pursuit of seamless and high-quality service delivery and to address various operational requirements, Accel Revenue may engage with specific payment partners and other third-party service providers. While We meticulously select these third-party service providers and establish comprehensive agreements that stipulate performance obligations, including confidentiality, it is crucial to note that We cannot provide an absolute guarantee of their performance concerning any commercial transaction conducted within the purview of these Terms. Consequently, We hold no liability for disputes, losses, and/or damages arising from the actions or oversights of payment partners and third-party service providers, as the context may dictate.
- Exclusive Applicability of Commercial/Contractual Terms: Any commercial or contractual terms extended by, and mutually agreed upon between, You and a third-party service provider are exclusively applicable to Your unique relationship with said third-party service provider. It is explicitly emphasized that Accel Revenue neither exercises control over, determines, advises, nor involves itself in any capacity with regard to the formulation, presentation, or acceptance of these commercial or contractual terms between You and any third-party service provider.
- AVAILABILITY OF SERVICES
- Services “As Is” and “As Available”: You expressly acknowledge and agree that all Services provided through the Platform are made available to You on an “as is” and “as available” basis. Accel Revenue does not make any warranties or representations, whether express or implied, regarding the availability, reliability, quality, or suitability of the Services for Your particular purpose.
- Service Availability: While We make concerted efforts to provide uninterrupted access to all Services available through the Platform, it is imperative to acknowledge that circumstances may arise where certain Services are temporarily unavailable or inaccessible. These situations may be attributed to a variety of reasons, including but not limited to:
- Geographic Limitations: Certain Services may be restricted or unavailable in specific geographic regions due to regulatory or legal constraints.
- Legal Prohibitions/Restrictions: The availability of Services may be influenced by applicable laws, regulations, or policies that could impose restrictions on their provisioning.
- Technical Faults or Unforeseen Circumstances: Unforeseeable technical glitches, system maintenance, upgrades, or other unexpected circumstances may lead to temporary unavailability of certain Services.
- It is pertinent to note that such instances of unavailability do not reflect a breach of Our commitment but rather an acknowledgment of potential external factors that may affect the seamless delivery of Services. We undertake continuous efforts to minimize these instances and promptly rectify any unavailability.
- Please be advised that in the event of temporary unavailability, Accel Revenue shall not be held liable for any losses, inconveniences, or damages incurred by You or any third party. Your understanding and cooperation in such situations are greatly appreciated.
- PLATFORM CONTENT
- Proprietary Ownership: Unless explicitly stated otherwise, the Platform is the exclusive proprietary property of Accel Revenue. The Platform comprises, but is not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and any other material (“Content“). Additionally, trademarks, service marks, logos, and any other distinctive symbols (“Marks”) displayed on the Platform are either owned, controlled by, or licensed to Accel Revenue. All of these elements are protected by copyright, trademark laws, intellectual property rights, unfair competition laws, and various other applicable national and international laws and conventions. Accel Revenue retains all rights not expressly granted to Users pertaining to the Platform, Content, and Marks.
- Virus Disclaimer: While every effort is made to ensure the security of files available for download through the Platform, Accel Revenue does not guarantee or warrant that such files will be free of infections by software viruses or other potentially harmful computer code, files, or programs. Users are encouraged to employ their own antivirus measures and exercise due diligence when accessing or downloading any material from the Platform.
- Protection of Intellectual Property: Unauthorized use or reproduction of the Platform’s Content or Marks may result in a violation of copyright, trademark, and other applicable laws. Without Accel Revenue’s explicit prior written consent, Users are strictly prohibited from engaging in activities such as reverse-engineering, disassembling, decompiling, reproducing, transcribing, storing in a retrieval system, translating into any language or computer language, re-transmitting through any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), reselling, or redistributing the Platform or any part of the Content for any commercial purpose. Such activities infringe upon Accel Revenue’s rights and will be subject to legal action.
- PLATFORM MANAGEMENT
- Accel Revenue reserves the right, though not obliged, to:
- Monitor the Platform to identify violations of these Terms.
- Take appropriate legal actions against any user who, at Accel Revenue’s sole discretion, violates the law or breaches these Terms. This action may include reporting such violations to law enforcement authorities.
- Exercise its sole discretion to refuse, restrict access to, limit the availability of, or disable access to any Services or any portion thereof.
- At Accel Revenue’s sole discretion, without notice or liability, remove from the Platform or disable files and content that are excessive in size or unduly burdensome to the systems.
- Manage the Platform in a manner aimed at safeguarding Accel Revenue’s rights and property, as well as ensuring the effective functioning of the Platform.
- Furthermore, You acknowledge and agree that:
- Accel Revenue’s management actions are not exhaustive and may include other measures that are deemed necessary to maintain the integrity and security of the Platform.
- Accel Revenue may collaborate with law enforcement agencies or regulatory authorities in addressing any violation of laws or these Terms.
- Accel Revenue shall not be held liable for any losses or damages arising from its Platform management actions, including but not limited to the removal of content or restricting access.
- Any dispute or claim arising out of Accel Revenue’s Platform management actions shall be subject to the dispute resolution mechanisms outlined in these Terms.
- Accel Revenue reserves the right, though not obliged, to:
- THIRD PARTY APPLICATIONS
- The Platform may integrate with various third party applications (“Third Party Applications“). Accessing and using these Third Party Applications may necessitate Your acceptance of the respective terms of service and privacy policies associated with such Third Party Applications (“Third Party Terms“). It is Your responsibility to diligently read and comprehend these Third Party Terms prior to utilizing any Third Party Application. You acknowledge and unequivocally agree that Accel Revenue shall not bear any liability for Third Party Applications. While We strive to provide advance notice whenever feasible, You understand and concur that We retain the sole discretion, at any time, and without prior notice, to suspend, limit, or deactivate access to, or remove from the Platform, any Third Party Application. Such actions will be undertaken without any liability towards You, including, but not limited to, claims for loss of profits, revenue, data, goodwill, or other intangible losses.
- Accel Revenue emphasizes the importance of Your informed engagement with Third Party Applications. Your use of any Third Party Application is entirely voluntary and subject to the conditions specified by the respective application providers. We bears no responsibility for the performance, security, or any aspect of Third Party Applications, and any concerns or disputes arising from Your interaction with Third Party Applications should be directed solely to the respective application providers.
- Please be advised that the integration of Third Party Applications is aimed at enhancing Your experience on the Platform. However, the availability and functionality of these applications are beyond Our control. We strive to ensure that such integrations provide added value to Our Users, but We cannot guarantee their performance, stability, or suitability for Your specific purposes.
- USER REPRESENTATIONS AND WARRANTIES
By utilizing the Platform, You unequivocally represent and warrant that:
- Legal Capacity: You possess the legal capacity and authority to enter into these Terms and to be bound by them.
- Minor Status: You are not considered a minor within the jurisdiction of Your residence and are of the age of majority to use the Platform.
- Lawful Access: Your access to and use of the Platform are conducted in a lawful and legitimate manner, and You affirm that You will not employ any automated, non-human, or script-based methods, such as bots, to interact with the Platform.
- Authorized and Lawful Use: You commit to using the Platform exclusively for lawful and authorized purposes. You agree not to engage in any activities that are illegal, unauthorized, fraudulent, or otherwise prohibited by these Terms or any applicable laws.
- Genuine Commercial Transactions: You ensure that any commercial transactions initiated by You on the Platform are genuine, bona fide, and conducted with a legitimate business purpose. You shall not engage in any form of transaction intended to defraud, deceive, or misrepresent.
- Compliance with Laws: Your utilization of the Platform and any actions taken on it shall be in full compliance with all applicable laws, regulations, and guidelines. You acknowledge Your responsibility for ensuring that Your use of the Platform does not violate any legal provisions.
- Non-Circumvention: You acknowledge and warrant that You shall not attempt to circumvent, bypass, or manipulate the Platform’s processes, protocols, or functionalities for any unauthorized purposes. This includes refraining from any activities aimed at evading the Platform’s intended use, revenue-sharing mechanisms, or any security measures implemented by Accel Revenue.
- No Harmful Activities: You further warrant that You will not engage in any activities that could disrupt, damage, or impair the Platform’s integrity, functionality, or availability. This includes refraining from any attempts to introduce viruses, malware, or other malicious code that could harm the Platform or its Users.
- Accuracy of Information: You affirm that any information provided by You to the Platform, including personal, financial, or business-related details, is accurate, complete, and up-to-date. In the event that any information provided by You is found to be untrue, inaccurate, not up-to-date, or incomplete, We retain the right to suspend or terminate Your Account and withhold any current or future access to the Platform, or any of its components, at Our sole discretion. Should there be any changes to Your email address, mobile number, physical address, ownership structure, or legal status, or in the event of business cessation, You undertake the obligation to promptly notify us in writing of such alterations. Failing to do so may result in the restriction or termination of Your access to the Platform.
- Respect for Rights: You undertake to respect the intellectual property rights, privacy rights, and other legal rights of Accel Revenue, other Users of the Platform, and third parties. You shall not engage in any activities that infringe upon or violate these rights.
- Responsibility for Actions: You accept full responsibility for any actions, transactions, or engagements conducted through the Platform using Your Account. You acknowledge that Accel Revenue shall not be liable for any consequences arising from Your use of the Platform.
- UNDERTAKING
You agree and confirm that:
- The Account shall be used by You only for valid and genuine business transactions and not otherwise or for any Prohibited Activity.
- You shall not carry out any activity which is banned, illegal, or immoral, or use the Services in any manner that constitutes a violation of any law or regulation or which may cause Accel Revenue to be subject to investigation, prosecution, or legal action.
- You agree and confirm not to sell, provide, exchange, or otherwise disclose to third parties or use any personal information about any third party, including account details and mobile numbers, without obtaining the prior written consent of such third party.
- You shall use the information regarding a payee/payer (including name, address, email address, telephone numbers, and other data) conveyed to You while using the Services only for the purpose of completing the transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless You have an independent source of such information or obtain the express written consent of such payee/payer.
- You agree and confirm to inform Accel Revenue of any change in Your email address, mobile number, address, ownership, or legal status or cessation of Your business in writing forthwith on such change.
- You shall not interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology.
- As a condition of use of the Services, You will not use the Services for any purpose that is unlawful or prohibited by the Terms, conditions, or violate the Terms. Accel Revenue reserves the right to suspend the Account or restrict use of Services or take any other action as Accel Revenue deems fit, including legal recourses, without providing prior notice.
- You shall not impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted, or perform any other similar fraudulent actions.
- You confirm not to infringe Accel Revenue’s or any third party’s intellectual property rights, rights of publicity, or privacy.
- You agree and confirm not to use the Services or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services or the Platform in an automated manner or otherwise.
- You shall not use Services or Platform for any self-financing activities, including but not limited to the transfer of funds against fake or fraudulent transactions, transfer of funds to Your subsidiary, holding, associate company, or any related party, unless such transfer is towards a genuine transaction between You and the other party.
- Accel Revenue has the right to temporarily terminate Your access to the Platform. You shall be given a reasonable opportunity to be heard and provide evidence ensuring the validity of the transaction. Failure to prove the validity of the transaction may lead to a permanent embargo on Your access to the Platform.
- You agree to bear sole and exclusive responsibility for the payment of all relevant and applicable taxes, including any applicable withholding taxes, as may be due from time to time.
- PRIVACY POLICY
- Data privacy and security are of utmost importance to Us. Your use of the Platform signifies Your agreement to be bound by Our Privacy Policy, which is accessible at [INSERT LINK] and is considered an integral part of these Terms.
- Kindly note that the Platform is hosted in India. If You access and utilize the Platform from any other region of the world with data privacy laws or regulations that differ from those applicable in India, You acknowledge and consent to the transfer of Your data to India for processing, storage, and usage as outlined in Our Privacy Policy.
- It is Your responsibility to review and understand Our Privacy Policy before using the Platform. By continuing to use the Platform, You acknowledge the transfer of Your data to India and its processing as described in Our Privacy Policy. If You do not agree with the terms and practices outlined in Our Privacy Policy, You should refrain from using the Platform.
- For a comprehensive understanding of how we collect, use, store, and protect Your personal and non-personal information, please refer to Our Privacy Policy. Your acceptance of these Terms implies Your acceptance of Our Privacy Policy, and both documents together govern Your use of the Platform and its associated Services.
- PROHIBITED ACTIVITIES
- You may not access or use the Platform for any purpose other than that for which Accel Revenue makes the Platform available.
- As a User of the Platform, You agree not to:
- Systematically retrieve data or other content from the Platform to create or compile a collection, compilation, database, or directory without written permission from Accel Revenue.
- Attempt to trick, defraud, or mislead Accel Revenue and other Users, especially in any attempt to obtain sensitive account information such as other user credentials.
- Circumvent, disable, or interfere with security-related features of the Platform, including those that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content.
- Use any information obtained from the Platform to harass, abuse, or harm another person.
- Make improper use of support services or submit false reports of abuse or misconduct.
- Use the Platform in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit viruses, Trojan horses, or other materials that may interfere with any party’s uninterrupted use and enjoyment of the Platform or modify, impair, disrupt, alter, or interfere with the operation of the Platform.
- Attempt to impersonate another user or use the username of another user.
- Sell or transfer Your profile to others.
- Upload or transmit materials that act as passive or active information collection or transmission mechanisms.
- Interfere with or disrupt the Platform or connected services.
- Harass, annoy, intimidate, or threaten Accel Revenue’s employees or agents.
- Attempt to bypass any measures designed to prevent or restrict access to the Platform.
- Copy or adapt the Platform’s software, including but not limited to, PHP, HTML, JavaScript, or other code.
- Decipher, decompile, disassemble, or reverse engineer any part of the Platform’s software.
- Use any automated system that accesses the Platform without authorization.
- Use the Platform for any effort to compete with Accel Revenue.
- Accel Revenue reserves the right to impose limitations on the number of commercial transactions that may be charged to an individual Account within a given time period and reserves the right to refuse payments for commercial transactions exceeding such limits.
- DISCLAIMER AND LIMITATION OF LIABILITY
- ASSUMPTION OF RISK AND LIMITED WARRANTY: YOUR UTILIZATION OF THE PLATFORM AND ITS SERVICES IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ACCEL REVENUE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCEL REVENUE DOES NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICES. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES IS SOLELY YOUR RESPONSIBILITY, AND YOU SHALL BEAR ALL ASSOCIATED RISKS, INCLUDING ANY POTENTIAL DAMAGE TO YOUR DEVICES OR DATA. NO ADVICE OR INFORMATION OBTAINED FROM ACCEL REVENUE, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITATION OF LIABILITY: YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT ACCEL REVENUE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER SYSTEM FAILURE, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FORM OF LOSS ARISING OUT OF OR ATTRIBUTED TO YOUR USE OF THE PLATFORM, ITS SERVICES, OR THE SERVICES OF ANY THIRD-PARTY SERVICE PROVIDER ENGAGED UNDER THESE TERMS. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER ACCEL REVENUE WAS APPRISED OF THE POTENTIAL FOR SUCH DAMAGES.
- EXCLUSIVE REMEDY: YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT ACCEL REVENUE PRIORITIZES RELIABILITY AND SECURITY IN ITS OPERATIONS; HOWEVER, NO DIGITAL SYSTEM IS IMPERVIOUS TO ALL RISKS. AS SUCH, ACCEL REVENUE SHALL NOT BE HELD ACCOUNTABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD-PARTY SERVICE PROVIDERS ENGAGED THROUGH THE PLATFORM. IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, YOUR EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE THE USE OF THE PLATFORM AND ITS SERVICES.
- SEVERABILITY: IN THE EVENT THAT ANY PROVISION OF THIS DISCLAIMER AND LIMITATION OF LIABILITY IS DEEMED INVALID OR UNENFORCEABLE, THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT BE AFFECTED OR IMPAIRED.
- INTEGRAL AGREEMENT: THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONSTITUTE AN INTEGRAL PART OF THE BINDING AGREEMENT BETWEEN YOU AND ACCEL REVENUE. BY CONTINUING TO UTILIZE THE PLATFORM, YOU DEMONSTRATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE PROVISIONS. SHOULD YOU DISSENT FROM THESE PROVISIONS, IT IS INCUMBENT UPON YOU TO DISCONTINUE YOUR ENGAGEMENT WITH THE PLATFORM.
- GOVERNING LAW: THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF INDIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES.
- JURISDICTION: ANY DISPUTE ARISING OUT OF OR RELATED TO THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN [JURISDICTION].
- INDEMNITY
- Indemnification and Protection: You shall indemnify, defend, and hold Accel Revenue, its officers, directors, employees, and affiliates (referred to as “Indemnified Parties“) harmless from and against any and all liabilities, losses, damages, fines, expenses (including attorney’s fees and costs), claims, actions, suits, demands, or proceedings arising out of or related to:
- Unlawful Utilization: Claims alleging that Your use of the Platform and its Services violated the rights of any third party, breached any applicable law, or contravened any provision of these Terms, except where Your usage is expressly sanctioned by Accel Revenue.
- Breach or Default: Your breach, non-performance, non-compliance, or inadequate fulfillment of any term, condition, representation, obligation, or warranty as stated in these Terms.
- Acts, Errors, and Negligence: Any acts, errors, misrepresentations, willful misconduct, or negligence perpetrated by You, Your employees, subcontractors, or agents in the course of executing Your obligations under these Terms.
- Intellectual Property and Privacy Claims: Claims arising from the infringement of intellectual property rights or invasion of privacy rights of third parties due to Your use of the Platform and its Services.
- Third Party Litigation: Any third-party claims, legal actions, suits, or demands made against Accel Revenue stemming from Your use of the Platform, its Services, or any commercial transactions You initiate through the Platform.
- Unauthorized Third-Party Actions: If unauthorized third parties gain access to the Services via Your Account, You shall be responsible for indemnifying Accel Revenue against any liabilities, costs, or damages resulting from such unauthorized actions, including but not limited to unauthorized transactions or misuse of the Platform.
- Liability Limitation: With no prejudice to Accel Revenue’s rights and these Terms, Accel Revenue shall not bear any responsibility for any direct, indirect, or consequential loss or damage that may arise directly or indirectly from:
- Payment Denial: Refusal by any entity to accept or honor payments initiated through the Platform.
- Terminal Glitches: Malfunctions occurring in computer terminals or equipment used in conjunction with the Platform.
- Unauthorized Usage: Use of the Services by any individual other than You, leading to unauthorized transactions.
- Unsuccessful Transactions: Transactions that are incomplete or fail to proceed for any reason, irrespective of whether Accel Revenue was informed beforehand.
- Errors or Omissions: Any inaccurate information or omissions provided to Accel Revenue, whether by You or a third party.
- By utilizing the Platform,Yyou affirm Your understanding of these indemnity provisions and agree to undertake these responsibilities to safeguard the interests of Accel Revenue, its officers, directors, employees, suppliers, and affiliates.
- Indemnification and Protection: You shall indemnify, defend, and hold Accel Revenue, its officers, directors, employees, and affiliates (referred to as “Indemnified Parties“) harmless from and against any and all liabilities, losses, damages, fines, expenses (including attorney’s fees and costs), claims, actions, suits, demands, or proceedings arising out of or related to:
- FORCE MAJEURE
- Event of Force Majeure: Accel Revenue shall not be held accountable for any failure to fulfill its obligations under these Terms in cases where performance is hindered, delayed, or rendered impossible due to events beyond the reasonable control of Accel Revenue (“Event of Force Majeure“). In such instances, the provision of Our Services under these Terms will be temporarily suspended for the duration of the continuance of the Event of Force Majeure.
- Definition of Force Majeure: An “Event of Force Majeure” shall include, but is not limited to, acts of God, natural disasters, fires, explosions, riots, strikes, lockouts, labor disturbances, wars, acts of terrorism, government actions, power outages, telecommunication network disruptions, pandemic or epidemic outbreaks, and any other unforeseeable events that are beyond the control of Accel Revenue.
- Duration of Suspension: The suspension of Our Services due to an Event of Force Majeure shall continue for as long as the Event of Force Majeure persists. Once the Event of Force Majeure ceases, Accel Revenue shall promptly resume the provision of Our Services under these Terms.
- No Liability: Accel Revenue shall not be held liable for any damages, losses, claims, costs, expenses, or liabilities incurred by You or any third party due to the occurrence of an Event of Force Majeure and the consequent suspension of Our Services. Accel Revenue’s obligations under these Terms will be excused and extended to the extent necessary to accommodate the impact of the Event of Force Majeure.
- TERMINATION
- Violation and Disciplinary Action: Accel Revenue maintains a strict policy against violations of these Terms and any misconduct directed towards Accel Revenues, its officers, employees and Users. Such actions will not be tolerated and will result in immediate and stringent disciplinary action, as per the applicable laws enforced in India. This may include, but is not limited to, termination of usage rights to the Platform and initiation of legal proceedings.
- In the event of termination, Accel Revenue reserves the right to:
- Suspend all payment under these Terms;
- Deactivate or suspend Your Account and disable Your password;
- Terminate Your access to the Platform or the Services; and
- Restrict You from receiving any credit, payment, or refund from Accel Revenue.
- Settlement of Dues: Upon termination, You shall have no claim against Accel Revenue concerning the suspension or termination of Your membership. However, You are obligated to settle all dues owed to Accel Revenue upon termination.
- Right to Cancel Account: You have the right to cancel Your Account at any time by notifying Accel Revenue via email.
- CONFIDENTIALITY
- Non-Disclosure and Protection of Information: You unequivocally acknowledge and agree that any non-public information, data, materials, or knowledge obtained through the use of the Platform or Services (“Confidential Information“) is strictly confidential and proprietary to Accel Revenue.
- You are expressly prohibited from disclosing, using, reproducing, transmitting, or otherwise making available any Confidential Information to any third party, including for Your personal benefit or gain. This obligation extends indefinitely, only ceasing when such Confidential Information becomes publicly known through lawful means beyond Your control.
- In the event that You are compelled by a court order, legal process, or other government or regulatory authority to disclose any Confidential Information, You shall promptly notify Accel Revenue of such requirement and diligently cooperate in efforts to protect and limit the scope of such disclosure to the extent permissible under applicable laws and regulations.
- Protection of Information and Compliance: Accel Revenue reserves the right to access, preserve, and disclose your information, including but not limited to data generated through Your use of the Platform or Services, as required by applicable law or when Accel Revenue believes in good faith that such actions are necessary to:
- Respond to legal claims against Accel Revenue or to comply with legal processes;
- Prevent fraud, conduct risk assessments, investigate issues, provide customer support, facilitate product development, or address debugging purposes;
- Protect the rights, property, or safety of Accel Revenue, its Users, or the public at large.
- Remedies for Breach of Confidentiality: You acknowledge and understand that any unauthorized disclosure or misuse of Confidential Information by You may result in irreparable harm to Accel Revenue. In the event of an actual or suspected breach of confidentiality, Accel Revenue shall be entitled to seek injunctive relief, in addition to any other remedies available at law, to prevent or restrain such breach.
- Accel Revenue’s right to seek injunctive relief is without prejudice to its right to claim monetary damages or other legal remedies for the breach of these confidentiality obligations.
- NOTICE
- All notices, communications, or notifications from Accel Revenue shall be effectively delivered through the following means:
- Notices may be sent to the email address associated with Your Account or through a general notification displayed on the Platform.
- Should You need to communicate with Accel Revenue, You are required to send Your notice to the designated email address
- You acknowledge and agree that:
- Notices sent to the email address associated with Your Account shall be deemed received upon successful delivery, irrespective of whether You actually access or read the notice.
- Notices provided as general notifications on the Platform shall be considered received upon being displayed on the Platform.
- You are responsible for keeping Your contact information updated, including Your email address, to ensure effective communication.
- Any legal notices or communications required by applicable laws or regulations shall be provided in writing, and Accel Revenue reserves the right to use the email address associated with Your Account for such purposes.
- Please note that it is Your responsibility to regularly check Your email and the Platform for any notices or communications from Accel Revenue. Your continued use of the Platform following the sending of any notice constitutes your acknowledgement and understanding of the contents of such notice.
- All notices, communications, or notifications from Accel Revenue shall be effectively delivered through the following means:
- MISCELLANEOUS
- Revisions to the Terms: Accel Revenue reserves the unfettered right to revise or modify these Terms at its sole discretion, without prior notice to You. Such revisions will become immediately effective upon posting on the Platform.
- Your ongoing use of the Platform or Services post the implementation of revisions signifies Your unequivocal acceptance of the updated Terms. Your continued use after any such modifications implies Your consent and explicit agreement to the revised Terms. If any changes to the Terms substantially affect Your rights regarding the use of the Services, You retain the option to terminate Your use of the Services or deactivate Your Account through the Platform.
- Relationship Between Parties: You acknowledge and confirm that Your use of the Platform does not create, imply, or establish any joint venture, partnership, employment, or agency between You and Accel Revenue.
- Nothing in these Terms shall derogate from Accel Revenue’s right to comply with lawful requests or requirements from law enforcement authorities or regulatory bodies concerning Your use of the Platform or information obtained in relation to such use.
- Assignment and Subcontracting: You shall not assign, delegate, or transfer any rights or obligations under these Terms without the prior written consent of Accel Revenue.
- Accel Revenue reserves the right to subcontract any part of the Services to third-party service providers for effective fulfillment as per these Terms.
- Governing Law and Jurisdiction: These Terms shall be construed and governed by the laws of India. In case of any dispute between You and Accel Revenue pertaining to the Services, the exclusive jurisdiction lies with the courts of [PLACE], India.
- Arbitration: Any claim or dispute arising from this Agreement shall be referred to an arbitrator nominated by Accel Revenue. The arbitration process shall adhere to the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in [PLACE], and the proceedings shall be conducted in English.
- Injunctive Relief: You acknowledge that a breach of this Agreement may result in irreparable harm to Accel Revenue. In such cases, Accel Revenue shall be entitled to injunctive relief or equitable remedies, in addition to other remedies and damages available.
- Severability and Waiver: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Accel Revenue’s failure to enforce any right or provision under these Terms shall not constitute a waiver of such rights or provisions.
- Payments and Fees: All payments shall be made in Indian Rupees unless explicitly stated otherwise.
- Fee Changes: Accel Revenue reserves the right to modify, introduce, or change any fees or charges applicable to the Platform or Services at its discretion.
- Unauthorized Access and Termination: Accel Revenue shall not be liable for unauthorized access to Your data or unauthorized transmissions via the Services.
- Accel Revenue may suspend or terminate Your use of the Platform and Services at its sole discretion, for any or no reason, with or without notice.
- Representations and Warranties: You shall not represent yourself as an agent or representative of Accel Revenue, make warranties, or give undertakings or liabilities that impose obligations or responsibilities on Accel Revenue towards customers or third parties, whether directly or indirectly.
- GRIEVANCE REDRESSAL OFFICER
- For any grievance, as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, our designated Grievance Officer, can be reached by sending an email to info@tlhc.in
- You can expect a response from the Grievance Officer within a reasonable time frame following the receipt of Your email.