Terms & Conditions

These terms of service (“Terms” or “Terms of Service”) are a legally binding agreement between you (the “User,” “you”, or “your”) and Ralson Tyres Limited (“Accelus”, “we”, “us” or “our”). You acknowledge and agree that your use of the Accelus platform (the “Platform”) through Accelus’ website at www.accelustires.com, (the “Website”) including, without limitation, all content such as text, information, https://www.accelustires.com/themes/accelus/images, Accelus branded products, pages, conversations, software and other information, services and materials (collectively, the “Materials”) and all information made available to you or by you through this Website and/or Platform by Accelus and/or third parties, will be governed by this Agreement, our Privacy Policy, and any related terms.

If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at support@accelustires.com.

The capitalized terms have the same meaning as ascribed in our Privacy Policy, as applicable, unless otherwise noted here.

Your use of our Website or Platform shall constitute your acceptance of this Terms and to all of the terms and conditions stated under these Terms and our Privacy Policy referenced here.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THES TERMS, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THESE TERMS; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN ENTER INTO A BINDING CONTRACT; AND (D) YOU ACCEPT AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HERE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES..

PRIVACY POLICY

You confirm that you have read the Accelus Tires Privacy Policy (the "Privacy Policy"), the terms of which are incorporated herein, and agree that the terms of the Privacy Policy are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in our Privacy Policy. Please visit the Privacy Policy by clicking on this link [Privacy Policy].

ELIGIBILITY AND ACCESS RESTRICTIONS

To be eligible to access and/or use our Website or Platform, you must meet the following criteria and represent and warrant that you:

(a) have a registered on the Website;

(b) are18 years of age or older;

(c) are not currently restricted from accessing our Website or Platform, or not otherwise prohibited from having an account;

(d) will only maintain one registered account at any given time;

(e) have full power and authority to enter agree to these Terms and doing so will not violate any other agreement or terms or conditions to which you are a party;

(f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and

(g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website or Platform.

SERVICE LICENSE

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website or Platform to access, interact, download, and use content on your mobile device of our Website or Platform and content made available in or otherwise accessible through our Website or Platform, strictly in accordance with these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon our Website or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or Platform. When using and accessing our Website or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE, APP, OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

Accelus may at its sole discretion terminate this user license and your ability to access the Website or the Platform at any time if you are in breach of these Terms or any related terms.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, or Platform, in any manner, and you will not exploit our Website or Platform in any unauthorized way whatsoever, including but not limited to, using our Website or Platform to transmit any computer viruses, worms, trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website or Platform.

RESERVATION OF RIGHTS

You acknowledge and agree that our Website and Platform are provided for your use. Except to the extent necessary to access and use our Website or Platform, nothing in these Terms grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website or Platform or our products, whether expressly, by implication, estoppel, or otherwise. Accelus and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, the Platform and our products, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

ACCESS RIGHTS

We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our Website or Platform. This information given at the registration is stored on our servers in an aggregated and depersonalized form. This information is necessary for us to provide our Website or Platform to you.

Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within 30 (thirty) days of receiving your request. Also, upon your prior written request, we will delete any such information within 30 (thirty) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our Website, App, or Platform to you. Please send your requests to us at support@accelustires.com.

INTERACTIVE SERVICES AND OTHER SUBMISSIONS

Accelus may provide services which are intended to allow users to participate interactively on the Website. Accordingly, you represent and warrant that all such content or submissions disclosed, submitted, made available or offered to Accelus using the Website or the Platform (collectively, “Data”) are accurate, not confidential, and not in violation of any contractual restrictions, or other third party rights. Subject to the Privacy Policy, by making a submission, you grant to Accelus a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to collect, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any and all Data without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in these Terms. You agree that you will not provide us with any Data that could allow an individual person to be identified unless there is a field for the provision of such Data.

The use of interactive services may be subject to prior registration by means of completion of a form. This registration leads to the creation of an account with a personal password. You may be required to provide your password to log in to benefit from certain services and you agree to accept responsibility for all activities that occur under your account and password. Your password must therefore remain strictly confidential.

You may not submit offensive, profane, inappropriate, obscene, defamatory, threatening, unlawful or otherwise objectionable content, or information. Accelus reserves the right to remove or edit user-generated content, from time to time, but Accelus does not control or direct users' actions on the Sites and hence will not be responsible for user-generated content or information that may be available on the Sites.

DISCLAIMER

The Website, the Platform and all content, information, services, and products of the Website and the Platform are provided on an "as is" basis without warranties of any kind, either express or implied, including, but without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer viruses or other harmful components, and warranties arising from course of dealing or course of performance. Accelus makes no warranties or representations about the accuracy or completeness of the content and assumes no liability or responsibility for errors, mistakes or omissions in the content or personal injury or property damage of any kind arising out of the use of or inability to use the Website and the Platform.

You acknowledge, by your use of the Website and the Platform, that your use of the Website and the Platform is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Website and the Platform, and that Accelus will not be liable for any damages of any kind related to your use of the Website and the Platform. Accelus makes no warranty that

(i) the Website and the Platform will meet your requirements;

(ii) access to the Website and the Platform will be uninterrupted, timely, secure, or error-free;

(iii) the results that may be obtained from the use of the Website and the Platform will be accurate or reliable;

(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website and the Platform or pursuant to your use of the Website and the Platform will meet your expectations;

(v) any errors on the Website and the Platform will be corrected; or

(vi) the Website and the Platform or services on which they are hosted are free of viruses or other harmful components.

LIMITATION OF LIABILITY

In no event will Accelus be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, tort, or other theory, including but not limited to damages from loss of profits, use, data, or other intangibles, even if Accelus had been advised of such damages. In particular, and without limitation, Accelus will not be liable for the damages of any kind resulting from the use of or the inability to use the Website and the Platform or from any content posted on the Website and the Platform by Accelus or anyone else. However, nothing in this paragraph will be interpreted to affect the individual product warranties that are standard for Accelus products.

Your sole remedy for dissatisfaction with the Website and the Platform or the content is to stop using the Website and the Platform. You agree that use of is at your sole risk and you shall be solely responsible for any damage to your computer system or loss of data that results from access, browsing, or use of the Website and the Platform, or the downloading or use of any materials, data, text or https://www.accelustires.com/themes/accelus/images from the Website and the Platform.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify and hold Accelus, its affiliates, and their officers, directors, shareholders, agents, employees, successors harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to, a violation by you or your agents of these Terms, your infringement of any third party right, including but not limited to any intellectual property or proprietary right, your use of the Website and the Platform or any other person accessing the Website and the Platform using your internet account, or the use of the Website and the Platform by any other person accessing the Website and the Platform on your behalf or acting as your agent.

FORWARD-LOOKING STATEMENTS

The Website and the Platform, and any documents issued by Accelus and available through the Website and the Platform, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. The words "aims," "anticipates," "believes," "expects," "intends," "plans," "predicts," "projects," or "targets," as well as other words or expressions of similar meaning, are intended to identify forward-looking statements. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. These forward-looking statements are based on the opinions and estimates of management at the time the statements are made and neither represents predictions nor guarantees of future events or circumstances. There are a variety of factors, many of which are beyond Accelus's control, that affect its operations, performance, business strategy and results and could cause its actual results and experience to differ materially from the assumptions, expectations and objectives expressed in any forward-looking statements.

APPLICABLE LAWS

Your use of the Website and the Platform will be governed in all respects by the laws of the State of Delaware, without regard to choose of law provisions. You consent and submit to the sole and exclusive jurisdiction by and venue in the courts located in the State of Delaware, one of the United States of America, in any legal proceeding directly or indirectly arising out of or relating to the Website and the Platform. By using the Website and the Platform, you consent to service of process in accordance with the rules of such courts, irrevocably submit to the jurisdiction of such courts, and waive any objection that you may have to either the jurisdiction or venue of such courts. Furthermore, you hereby irrevocably waive the right to trial by jury. Accelus's failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these terms and conditions. Accelus may assign its rights and duties under these terms to any party at any time without notice to you. 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 Website and the Platform must be filed within 6 (six) months after such claim or cause of action arose or be forever barred. Notwithstanding the above, you agree that Accelus will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Accelus makes no representation that materials on the Website and the Platform are appropriate or available for use in countries outside the continental North America and prohibits access from territories where the content is illegal. Those who choose to access the Website and the Platform from locations outside continental North America do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of applicable export laws and regulations. Any claim relating to the materials will be governed by the substantive laws of the State of Delaware.

ABILITY TO AGREE TO TERMS OF USE

The Website and the Platform are not targeted towards, nor intended for use by, anyone under the age of 13 (thirteen). If you are between the ages of 13 (thirteen) and 18 (eighteen), you may only use the Website and the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are over the age of 18 (eighteen), you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms.

Accelus does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Accelus reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

MISCELLANEOUS

The terms and conditions found in these Terms and in the Privacy Policy set forth the entire understanding and agreement between you and Accelus with respect to the Website and the Platform unless certain services offered through the Website and the Platform require your agreement to additional terms and conditions. You acknowledge that any other agreements between you and Accelus with respect to the Website and the Platform are superseded and of no force or effect. If any provision of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

CHANGES TO OUR PRIVACY POLICY

Accelus may at any time, and in its sole discretion, amend these Terms including the Privacy Policy. If there are material changes to these Terms and/or this Privacy Policy, Accelus will make reasonable efforts to notify you. Please review our Terms, and the Privacy Policy, periodically. Your continued use of the Website and the Platform after any such amendments signifies your acceptance and agreement thereof.