For terms and conditions on our t+ subscription model, please click here
For all users
These Terms of Service (“Terms”) govern your use of the Toters Services (as defined below), and are entered into by you and Integrated Marketplace SAL, a Lebanese joint stock company duly registered at the commercial register of Beirut under the number /1022209/ (“Toters”).
By using the Toters Services, you confirm your agreement to be bound by these Terms and acknowledge and agree to our privacy policy, which explains how we collect, use, and share information, and which can be found on the following link:
https://www.totersapp.com/data-privacy.
Definitions
Courier(s). The courier matched by the Toters Platform (as defined below) in order to conduct the delivery services in relation to the order placed by the User (as defined below) on the Toters App (as defined below).
Merchant(s). The store that benefits from the Toters Services by listing its products on the Toters Platform to avail itself of the Toters Services and receive and process orders from the Users.
Toters Account. Your account on the Toters App.
Toters App. A mobile and web application of Toters which allows the Users to view Merchants and their products listings and place orders.
Toters Platform. A software platform developed and operated by Toters that lists Merchants, presents them to the Users through the Toters App, and allows the Users to place orders and matches Couriers with orders to conduct delivery services.
Toters Services. The services provided by Toters through the Toters Platform including mobile-e-commerce-as-a-service (MaaS), and delivery-fleet-as-a-service (DaaS).
User or you. The persons using in any way the Toters App.
2. Use of the Toters Services
In order to use the Toters Services, you need to create a Toters Account.
You agree that you are responsible for all conduct and transactions that take place on or using your Toters Account and that you will take precautions to keep your password and other Toters Account information secure.
You may not copy, modify, distribute, sell, or lease any part of the Toters Services.
Unless such restriction is prohibited by law, you may not reverse engineer or attempt to extract the source code of the Toters Services. You may only access the Toters Services through the interfaces that we provide for that purpose (for example, you may not “scrape” the Toters Services through automated means or “frame” any part of the Toters Services), and you may not interfere or attempt to disrupt the Toters Services.
3. Prices
The total price of your order will be set out on the checkout page of the said order on Toters App, including the prices of the ordered items and the applicable delivery fee.
It is important to note that the price of the ordered items might change in the sole case where a modification in the type (based on your request) and/ or the weight of the ordered items occurred, and therefore, in such a case, you are supposed to settle the payment of the order on the basis of such modification and the adjusted price that shall appear in your electronic invoice on the Toters App. In case the payment of the order was made through a card payment, the difference in the price shall be debited or added back to the relevant card of the User as mentioned on the checkout page of the order on Toters App.
4. Credits
Users may be granted credits under different categories, including but not limited to the following:
Sorry Credits: Issued in cases of service failures, delays, or other inconveniences. The value is generally equivalent to the delivery fee but may vary at Toters’ sole discretion.
Punch Card Credits: Earned after placing a defined number of orders with a specific Merchant, provided that each order meets the minimum cart value set on Toters App. The required number of purchases and the corresponding credit values are displayed on Toters App.
Offer Credits: Issued as a fixed amount once an order arrives. Offer Credits are automatically applied to the User’s next order and cannot be accumulated.
Cashback Credits: Issued as a percentage of the total order value once an order arrives. Cashback Credits are automatically applied to the User’s next order. The percentage is displayed on Toters App.
Promo Code / Gift Card Credits: Users may redeem promo codes or gift cards, the value of which is added to their wallet on Toters App. Multiple codes may be redeemed, and wallet balances accumulate accordingly.
All credits are automatically applied to eligible transactions according to the rules described above. Credits expire 90 days from the date they are issued and will be removed from the User’s account thereafter.
Toters reserves the right to modify, suspend, or revoke credits at any time in its sole discretion.
Credits are non-transferable, non-refundable, and cannot be exchanged for cash.
5. Refund and Cancellation Policy
At Toters, our top priority is to ensure our Users' complete satisfaction with their order. If you are not pleased with your order, please contact our support team through the Toters App. We will look into the reported issue and, if we deem it fit in our sole and absolute discretion, we may credit your Toters Account if and as needed. Nothing stated herein shall be construed as a guarantee of refund on the part of Toters.
You can cancel an order you made immediately after placing the order as long as it has not been confirmed by the Merchant. Once the Merchant confirms your order and starts preparing it, you can no longer cancel your order.
6. Replacement Policy
Sometimes you may order items from Toters App that are not available. If possible, we may attempt to call you and ask you if you would like to replace them with another item, or cancel the order if you are not satisfied with any of the available alternatives.
If you receive a wrong or damaged item, please let us know and we will coordinate with the Merchant so that he sends you a replacement or, if we deem it fit in our sole and absolute discretion, we may credit your Toters Account with the item’s value. Nothing stated herein shall be construed as a guarantee of replacement or credit of item’s value on the part of Toters.
7. Toters Services Provided AS IS
The Toters Services are provided "as is" and "as available."
To the maximum extent permitted by applicable law, Toters disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Toters makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Toters Services, any services provided by the Couriers, or goods or services requested through the use of the Toters Services from the Merchants, or that the Toters Services will be uninterrupted or error-free. Toters does not guarantee the quality, suitability, safety or ability of the Couriers or the Merchants or the Merchants’ goods or services. You agree that the entire risk arising out of your use of the Toters Services, any services provided by the Couriers, or any goods or services requested by you from the Merchants or delivered to you, remains solely with you.
8. Limitation of Liability
You agree that Toters does not assume responsibility for any goods, services, content, websites, advertisements, offers, or information that is provided by third parties (including but not limited to the Merchants) and made available through the Toters Services and on Toters App. If you purchase, use or access any such goods, services, content, websites, advertisements, offers, or information through the Toters Services, you agree that you do so at your own risk and that Toters will have no liability based on such purchase, use or access.
You agree that neither Toters nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of any Merchant. If you have a dispute with one or more of the Merchants, you agree to release Toters (including its affiliates, and their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claim for any liability or losses or damages (including but not limited to, special, indirect, or consequential damages, loss of business profits, or any third-party responsibility) arising out of or in any way connected to the Toters Services or to such disputes with the Merchants.
You further agree that neither Toters nor its affiliates, retail partners, licensors, or suppliers is responsible for the fitness or conduct of any Courrier or for any services provided by the Courrier. Neither Toters nor its affiliates, retail partners, licensors, or suppliers will be liable for any claim, injury or damage arising in connection with the acts or omissions of any Courrier. If you have a dispute with one or more of the Couriers, you agree to release Toters (including its affiliates, and their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claim for any liability or losses or damages (including but not limited to, special, indirect, or consequential damages, loss of business profits, or any third-party responsibility) arising out of or in any way connected to the Toters Services or to such disputes with the Couriers.
IN NO EVENT SHALL TOTERS (INCLUDING ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE TOTERS SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE TOTERS SERVICES, ANY SERVICES PROVIDED BY COURIERS, OR ANY PRODUCTS OR SERVICES REQUESTED BY YOU OR DELIVERED TO YOU, OR THESE TERMS, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TOTERS AND ITS AFFILIATES’ MAXIMUM AGGREGATE LIABILITY IN RESPECT OF ALL CLAIMS RELATING TO THE TOTERS SERVICES SHALL BE CAPPED AT A MAXIMUM AMOUNT CORRESPONDING TO THE LOWER OF: (X) THE AMOUNTS PAID BY YOU TO TOTERS FOR THE PAST 12 MONTHS OF THE TOTERS SERVICES (BEING, THE DELIVERY FEE PAID TO TOTERS FOR ALL THE ORDERS DELIVERED BY TOTERS TO YOU IN ADDITION TO THE PRICE OF THE PRODUCTS PURCHASED BY YOU FROM TOTERS FRESH THROUGH TOTERS APP), OR (Y) /10,000/ USD (TEN THOUSAND AMERICAN DOLLARS).
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Indemnification
You agree to defend, indemnify and hold harmless Toters and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from, your unauthorized use of the Toters Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
10. Controlling Law & Disputes
These Terms will be governed by the Laws of the Lebanese Republic and in case of any dispute relating to, or arising out of, the Terms you agree to contact us first and attempt to work it out amicably and if we do not reach out an amicable solution, such dispute will be submitted to the jurisdiction of the courts of Beirut, Lebanon.
11. Termination
You can stop using the Toters Services at any time and without notice to us. Similarly, we may terminate access to the Toters Services to you or any other users or stop offering the Toters Services at any time without notice. In the event of termination, all provisions described in the Terms and which are meant to survive the termination thereof, shall continue to apply to you.
12. Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Toters may assign its rights, licenses, and obligations under these Terms without limitation.
13. Entire Agreement and Severability
These Terms, subject to any amendments, modifications (as stated in Article 13 of the Terms), or additional written agreements you enter into with Toters, shall constitute the entire agreement between you and Toters with respect to the Toters Services and any use of the Toters Services. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
14. No Waiver
Toters’ failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
15. Changes to the Terms
You acknowledge and agree that Toters may modify any of the Terms at any time, with or without notice to you, subject to applicable law. In case of modification of the Terms, Toters will post the most current version of the Terms on its website. By continuing to use or access the Toters Services after the revised Terms come into effect, you agree to be bound by the revised Terms. At our discretion as to whether a revision to the Terms is material, we may notify you about a revision of the Terms in some way (for example, by email or a posting on our website).
16. Copyright Policy
Toters respects the intellectual property rights of others and has implemented a copyright policy in accordance with the applicable laws. Toters will respond to valid notices of copyright infringement and reserves the right to terminate any User, at its sole discretion and without notice, who repeatedly infringes copyrights or other intellectual property rights of others.
17. Contact Information
If you have any questions, complaints or comments about the Toters Services, please contact us at: support@totersapp.com.