ACCEDER is a non-profit public benefit corporation incorporated in the State of New York, USA that operates under the brand “acceder.com” (together with its officers, directors, agents, employees, partners and their respective affiliates, collectively, "ACCEDER"). This Terms and Conditions of Use (this "Agreement") is a contract between the contributor (the "Contributor") and ACCEDER and governs all transactions between the Contributor and ACCEDER, as well as the Contributor’s use of any of ACCEDER services, including the use of the ACCEDER website (www.acceder.com) (the "Website"). By using the Website, the Contributor completely understands and agrees to be bound by this Agreement, whether or not the Contributor becomes a participant in any manner in ACCEDER's finance program (the "Program") or otherwise a user of the Website (in each such capacity, a "User"). If the Contributor wants to participate or take part in any manner in the Program or otherwise become a User of the Website and ACCEDER’s services, the Contributor must read all of the terms and conditions provided for herein in this Agreement (including the Privacy Policy and any other related document).

INTERPRETATION AND CONSTRUAL

This Agreement supersedes any preceding contract or arrangement to which the Contributor and ACCEDER may have been bound. This Agreement may be modified by ACCEDER in its sole discretion at any time and such modifications will become part of this Agreement and will be effective once published by ACCEDER on the Website. The Contributor’s participation in the Program and use of the Website will be subject to any such modifications as from the date the new Agreement is published. We strongly advise each contributor to review the Website and this Agreement from time to time for any amendment.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
A written copy of the Agreement is available for the Contributor’s review and consideration. Should you prefer to receive one please do not hesitate to e-mail us at contactus@ACCEDER.com, including in the Subject of the message a text that reads as follows: ACCEDER Terms and Conditions of Use.

PARTICIPATION IN THE PROGRAM

ACCEDER manages the Website, which purpose is the collection of donations and endowments from contributors in order to lend such funds directly or indirectly to low-income entrepreneurs and families in developing countries (each, a "Borrower" and, collectively, "Borrowers") in need of affordable capital. ACCEDER shall identify existing international organizations (each, a "Field Partner" and, collectively, "Field Partners") that work in low-income communities and have a mission to reduce poverty by providing affordable working capital to low-income entrepreneurs. Any contribution will be disbursed to Field Partners for ultimate disbursement to each Borrower selected for receipt of a Loan. ACCEDER aggregates funds from multiple Lenders via the Website and passes 100% of these funds (excluding the interest earned, if any, on such funds while they are held in ACCEDER of the Field Partners’ account, which is contributed to fund ACCEDER's operations) to the Field Partner(s) for disbursement to the Borrowers selected for funding on the Website. Field Partners are solely responsible for screening each Borrower and posting requests for Loans on the Website, and ACCEDER (a) expressly disclaims any responsibility to screen any Borrower or any Field Partner, and (b) shall have no liability whatsoever and you shall hold ACCEDER harmless from, any and all liabilities with respect to, or resulting from such screenings, grants non-interest bearing loans using the funds donated free of charge and at no cost by the contributors. In most instances, these Borrowers are considered "risky" by traditional lenders for various factors, including, but not limited to the Borrowers' lack of credit history, financial instability, and geographic location.
By participating in the Program or otherwise using this Website, the Contributor hereby acknowledges and agrees that ACCEDER makes no representation, warranty, covenant or guarantee that any funds the Contributor donates to ACCEDER via the Website will be repaid to ACCEDER.
The Contributor acknowledges and agrees that upon granting each loan ACCEDER will apply its own criteria and principles and the Contributor will have no right to be in opposition to ACCEDER credit policies.

The Contributor acknowledges that ACCEDER and/or each Field Partner work in under-privileged countries and low-income communities and focus on providing affordable working capital to low-income entrepreneurs and families. Any donation made by the Contributor will be ultimately and at the time and discretion of ACCEDER and/or Field Partner disbursed to the Borrower previously selected by the Contributor to the satisfaction of ACCEDER and/or each Field Partner. ACCEDER aggregates funds from multiple contributors via the Website and passes 100% of these funds (excluding the interest earned, if any, on such funds while they are held in ACCEDER's account, which is contributed to fund ACCEDER's operations and any other transactional costs incurred by ACCEDER) to the Borrowers selected for funding.

 The Contributor hereby acknowledges and agrees that neither ACCEDER, nor each Field Partners nor the Borrower(s) as the case may be will be obligated or pay the Contributor any fees or amounts in connection with the contribution. At the present time, neither ACCEDER nor each Field Partner do not charge interest on any of the loans posted on the Website.

The Contributor hereby acknowledges that ACCEDER is a non-profit public benefit corporation incorporated in the State of New York, USA. As of the date of this Agreement, ACCEDER has received exemption with the Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue.

Records of each contribution by the Contributor (including this Agreement and any related document) will be held in reserve at ACCEDER’s offices and, upon the Contributor request, will be made available to the Contributor. This section of the Agreement shall apply for a period of 24 months after the contribution is disbursed by the Contributor.
ACCEDER will publish and update from time to time in the Website for the benefit of the Contributor all the relevant details related to each contribution made by the Contributor, including the Borrower’s details, outstanding amounts and final repayment.

PROPRIETARY RIGHTS; CONFIDENTIALITY

ACCEDER owns and retains all proprietary rights in the Program, the Website and all material and information posted thereon ("Content"). The Website contains the copyrighted material, trademarks and other proprietary information of ACCEDER and its licensors. Except for that information that is in the public domain or for which the Contributor have been given express written permission, the Contributor may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
If the Contributor posts any messages or other information on the Website, the Contributor agrees that such messages and information shall be considered Content, and the Contributor shall be deemed to have automatically granted, represented and warranted that the Contributor has the right, power and authority to grant to ACCEDER an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute such information and content; (b) prepare derivative works of, and/or incorporate into other works, such information and content; and (c) grant and authorize sublicenses of the foregoing.
The Contributor acknowledges, consents and agrees that ACCEDER may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose the Contributor account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to the Contributor’s requests for customer service; or (f) protect the rights, property, or personal safety of ACCEDER, its users, or the public.

The use of the Website and participation in the Program shall be in strict compliance with this Agreement, ACCEDER's Privacy Policy, all other procedures and guidelines set forth on the Website and applicable law. The Website is for use exclusively in connection with the Program and may not be used by the Contributor in connection with any other commercial endeavors except as previously approved in writing by ACCEDER. The Contributor may not engage in advertising to, or solicitation of, any User, Borrower or any other Person to buy or sell any products or services through the Website. The Contributor may not transmit any chain letters or junk email to any User, Borrower or any other Person. Illegal and/or unauthorized uses of the Website, including collecting the name, email address or any other personal or confidential information of any User, Borrower or any other Person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress.
Although ACCEDER assumes no obligation to monitor the conduct of any User of the Website, it is a violation of this Agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User, Borrower or other Person without their prior explicit consent. In order to protect such persons from such advertising or solicitation, ACCEDER reserves the right to restrict the number of emails that a User may send to others through the Website in any 24-hour or other period to a number that ACCEDER deems appropriate, in ACCEDER's sole and absolute discretion.

ACCEDER is not responsible, and shall have no liability, for any incorrect or inaccurate Content posted on the Website or any liability, cost or expense the Contributor may incur in connection with the Program, whether caused by any User, Borrower or other Person or by any of the equipment or programming associated with or utilized in the Program. ACCEDER is not responsible for the conduct, whether online or offline, of any User of the Website or any other Person. With respect to the Website, ACCEDER assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. Under no circumstances will ACCEDER be responsible for any loss or damage, including personal injury or death, resulting from any use of the Website or participation in the Program, any Content posted on the Website or transmitted to, or any interactions between, any Users of the Website, whether online or offline. ACCEDER neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Website or the Program.
ACCEDER makes no representation or warranty, express or implied, with respect to any third party data provided to ACCEDER and/or any Field Partner or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. ACCEDER will not be liable in any way to the Contributor or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by ACCEDER or force majeure or any other cause beyond the control of ACCEDER.
The Contributor agrees that the Website, including any content or information included within it or any other related service or advice rendered in connection with the System, is furnished “as is” with no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Contributor assumes total responsibility and risk for the use of the Website and all Website-related services.

RESTRICTION OF LIABILITY

The Contributor acknowledges and agrees that any and all decisions made by the Contributor in connection to the Program are his alone. ACCEDER cannot and does not verify the accuracy of information from neither other Users nor the Borrowers. ACCEDER shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses the Contributor incurs as a result (directly or indirectly) of making a contribution to a Borrower or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will ACCEDER be liable to the Contributor or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from the use of the Website or participation in the Program, even if ACCEDER has been advised of the possibility of such damages, costs, losses or expenses.

The Contributor is solely responsible for its interactions with any other User (even to the extent prohibited hereby) or any Borrower and any disputes that may result from such interactions. ACCEDER reserves the right, but has no obligation, to monitor disputes between the Contributor and such persons.

If there is any dispute about or involving ACCEDER, a Field Partner the Website or the Program, as the case may be, by using the Website, the Contributor agrees that the dispute will be governed by the laws of State of New York, USA without regard to its conflict of law provisions. The Contributor agrees to personal jurisdiction by and venue in the state and federal courts located in the State of New York, USA.
To the extent permitted by applicable law, the Contributor hereby waives its right to a jury trial of any claim or cause of action arising out of or based upon this agreement or any contemplated use described herein, including contract, tort, breach of duty and all other claims. This waiver is a material inducement for the parties to enter into this Agreement.
Without expecting in any way to limit the Contributor’s right to a trail by jury, if the above waiver of the right to a trial by jury is not enforceable, the Contributor agrees that any and all disputes or controversies of any nature between the Contributor and ACCEDER arising at any time shall be decided by a reference to a private judge, mutually selected by the Contributor, and as applicable, ACCEDER (or, if they cannot agree, by the Presiding Judge in the District of the State of New York) appointed in accordance with legal procedure of the State of New York, USA; and the Contributor hereby submits to the jurisdiction of such court. The reference proceedings shall be conducted pursuant to and in accordance with the provisions of the State of New York proceedings statues. The private judge shall have the power, among others, to grant provisional relief, including without limitation, entering temporary restraining orders, issuing preliminary and permanent injunctions and appointing receivers. All such proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed. If during the course of any dispute, a party desires to seek provisional relief, but a judge has not been appointed at that point pursuant to the judicial reference procedures, then such party may apply to the in the State of New York, USA for such relief. The proceeding before the private judge shall be conducted in the same manner, as it would be before a court under the rules of evidence applicable to judicial proceedings. The applicable parties shall be entitled to discovery, which shall be conducted in the same manner, as it would be before a court under the rules of discovery applicable to judicial proceedings. The private judge shall oversee discovery and may enforce all discovery rules and order applicable to judicial proceedings in the same manner as a trial court judge. The Contributor agrees that the selected or appointed private judge shall have the power to decide all issues in the action or proceeding, whether of fact or law, and shall report a statement of decision thereon pursuant to the legal proceedings of the State of New York, USA. The private judge shall also determine all issues relating to the applicability, interpretation and enforceability of this paragraph; and
The Contributor waives, to the maximum extent not prohibited by law, any right the Contributor may have to claim or recover in any legal action or proceeding referred to in this section any special, exemplary, punitive or consequential damages.

The Contributor agrees to indemnify and hold ACCEDER harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of the use of the Website or participation in the Program or arising from a breach of this Agreement.

This Agreement will remain in full force and effect while the Contributor uses the Website or participates in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after the Contributor’s participation in the Program and status as a User is terminated. Whether or not the Contributor is and remains eligible to participate in the Program may be determined by ACCEDER in its sole and absolute discretion. The Contributor may terminate its participation and status as a User at any time and for any reason by sending a written notice of termination to ACCEDER, such notice to be effective within 3 days of receipt by ACCEDER. ACCEDER may also terminate the Contributor’s participation in the Program and status as a User at any time and for any reason, effective upon transmission of notice to the email address provided to ACCEDER by the Contributor. If the Contributor’s participation in the Program is terminated by ACCEDER, the Contributor agrees not to use the Website any further.

ENTIRE AGREEMENT. SEVERABILITY

This Agreement, accepted upon use of the Website and further affirmed by becoming a User, contains the entire agreement between the Contributor and ACCEDER regarding the use of the Website or the Program. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Should you have any query regarding this Agreement or ACCEDER operations please do not hesitate to contact us at contactus@ACCEDER.com