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Toters Cash – Terms and Conditions
For all users in Lebanon
Effective date: 24 August 2022
These Toters Cash Terms and Conditions (the “Terms”) together with the Toters Terms and Conditions that are available on the official website of Toters (as defined below) (the “General Terms”) govern your use of the Toters Cash Service (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”).
If you do not agree to the Terms or the General Terms you should not continue to use the Toters Services (as defined below).
By using the Toters Services, you confirm your agreement to be bound by these Terms, the General Terms and acknowledge and agree to our privacy policy, which explains how we collect, use, and share information.
1. Definitions
Account. The User’s personal account on Toters App.
Card Payment. Shall have the meaning set out in Section 6.
Card Payment Errors. Shall have the meaning set out in Section 6.3.
Cash Payment. Shall have the meaning set out in Section 5.
Courier. The courier matched by the Toters Platform in order to conduct the delivery service in relation to the Transaction initiated by the User.
Loading Method. Shall have the meaning set out in Section 4.1.
Merchant. 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 User.
Toters App. A mobile and web application of Toters which allows the User to view Merchants and their products listings and place orders.
USD Toters Cash Balance. The balance which is displayed electronically to the credit of the Account, and denominated in American Dollars.
LBP Toters Cash Balance. The balance which is displayed electronically to the credit of the Account, and denominated in Lebanese Pounds.
Toters Cash Balance(s). Any of (as selected by the User) or both the USD Toters Cash Balance and the LBP Toters Cash Balance.
Toters Cash Service. The service granted by Toters through which the User can add amounts of money in its Toters Cash Balances in order to be applied by Toters as a payment method for the Transactions.
Toters Platform. A software platform developed and operated by Toters that lists Merchants, presents them to the User through the Toters App, and allows the User to place orders and matches couriers with orders to conduct delivery services.
Toters Services. The services provided by Toters through the Toters Platform including promotion, advertising, marketing, mobile-e-commerce-as-a-service (MaaS), and delivery-fleet-as-a-service (DaaS).
Transaction(s). The purchase of goods or services by the User via the Toters Platform.
User or you. The holder of an account on Toters App placing orders through the Toters App.
2. Contractual Agreement
2.1 These Terms constitute a legally binding agreement between you and Toters.
2.2 By accessing or using the Toters Cash Service, you:
Agree that you have read, understood, accepted and agreed to these Terms and the General Terms;
Agree that the representations made by you in the General Terms will apply equally in respect of the Toters Cash Service;
Acknowledge that when you select Toters Cash Service as a payment method for a Transaction, any payment obligation to the Merchant will be borne and settled by Toters on your behalf by debiting the total amount of the Transaction, as reflected in your Account at the time of completing the said Transaction, from any one of your Toters Cash Balances (as selected by you). The latter will result in a deduction of the total amount of the Transaction from the relevant Toters Cash Balance (as reflected in your Account) at completion of the said Transaction.
For the avoidance of doubt, you will choose if the payment is to be made in (i) Lebanese Pounds solely, or (ii) American Dollars solely, or (iii) Lebanese Pounds in part and American Dollars for the remainder provided that both the LBP Toters Cash Balance and the USD Toters Cash Balance are loaded;
Acknowledge and agree that the purpose of Toters Cash Service is to provide an additional payment method for a Transaction.
2.3 These Terms supersede any prior terms, agreements or arrangements with you in respect of Toters Cash Service.
2.4 Toters may immediately terminate these Terms with you, or generally cease offering or deny access to the Toters Cash Service, at any time and for any reason. Your available Toters Cash Balances will then be, at Toters sole and absolute discretion: either (i) transferred to you as credits in your Account; or (ii) redeemed to you in cash through delivery by Toters in a two-week period, in which case and upon delivery, you will be signing a letter for receipt, release and discharge in relation to your Toters Cash Balances and addressed to Toters.
3. Use of Toters Cash Service
3.1 You must have an active and valid Account to use Toters Cash Service.
3.2 Toters Cash Service may only be applied as a payment method within the Toters Services.
3.3 Where you have selected Toters Cash Service as a payment method, your total Transaction cost will include the cost of the Transaction plus any applicable taxes, fees or charges imposed as set out in the General Terms.
3.4 While using the Toters Cash Service as the initial payment method for the Transaction, you may be required by Toters to add a secondary payment method when:
You select either Lebanese Pounds or American Dollars as the sole currency for the payment of the Transaction, and
Your LBP Toters Cash Balance or USD Toters Cash Balance, depending on the selected currency (when both your LBP Toters Cash Balance and USD Toters Cash Balance amounts are loaded) is not sufficient to ensure the payment of the entire amount of the said Transaction,
The secondary payment method added, e.g., payment through cash, will be used to pay the remaining amount of the said Transaction.
3.5 Toters does not levy any additional charges or fees in respect of your use of the Toters Cash Service.
3.6 You may review your Transactions which were paid through the Toters Cash Service as a payment method by logging into your Account. The Toters Cash Balances displayed in your Account, more precisely in the “Payment” section, will serve as conclusive evidence of your Toters Cash Balances.
4. Loading Toters Cash Balances
4.1 You may load your Toters Cash Balances, by any one or more of the following loading methods:
By cash paid to the Courier (in accordance with Section 5 “Cash Payment”);
By debit or credit card (in accordance with Section 6 “Card Payment”);
By any other payment method made available when using the Toters Services by Toters in writing on the Toters App,
(Each a “Loading Method”).
4.2 You may reload your Toters Cash Balances at any time by any Loading Method before completing a Transaction by clicking on the “Payments” tab and then clicking on “Add Funds” or by clicking on “Add Funds” on the checkout page.
4.3 By selecting a particular Loading Method, you acknowledge that you are agreeing to the terms of service of Toters’ payment processing partners and the financial institution or payment services provider who has issued your selected Loading Method. You further agree that you will bear the cost or charges of any fees imposed by such payment processing partners and financial institutions or payment services provider in connection with your selected Loading Method.
4.4 Toters may in its sole and absolute discretion choose to refuse a request to reload your Toters Cash Balances, including (without limitation) when reloading your Toters Cash Balances would result in the aggregate value stored in your Account exceeding any value permitted by Toters App.
4.5 Toters (in its sole and absolute discretion) may, at any time (including at the time of completing a Transaction), notify you that it has imposed a minimum or maximum amount by which you may reload your Toters Cash Balances or inform you that you have reached the limit on the number of times you may reload your Toters Cash Balances within a specified period. For the avoidance of doubt, the minimum or maximum amount will be set for each of your LBP Toters Cash Balance and USD Toters Cash Balance separately.
5. Cash Payment (“Cash Payment”)
5.1 Where Cash Payment is selected by you as a Loading Method at the time of completing a Transaction, you have the option to pay the Courier upon delivery: (i) the total amount of the relevant Transaction; and (ii) an additional amount of money which will be used to top-up the relevant Toters Cash Balance (where enabled by Toters). In such case, the Courier shall enter the exact same additional amount along with the required details on the Courier’s application. The said addition will be notified to you on your Account and will result in the update of your relevant Toters Cash Balance.
5.2 Where you choose to reload your Toters Cash Balances through a Cash Payment, your Transaction history will reflect (i) the cost of your Transaction (including any fees or charges imposed as set out in the General Terms); plus (ii) the additional amount paid to reload your Toters Cash Balances.
5.3 You may only reload your Toters Cash Balances through a Cash Payment when you select “cash” as a payment method to pay your Transaction.
6. Credit Card and Debit Card Payment (“Card Payment”)
6.1 Where you have selected Card Payment as your designated Loading Method, the following shall apply:
The currency amount which will be displayed in your Toters Cash Balance through Card Payment will be Lebanese Pounds regardless of the type of card used, as further explained in Article 6.2 below. Accordingly, your LBP Toters Cash Balance will only be loaded;
In case you intend to pay in a foreign currency, the prevailing exchange rate set out via Toters App shall apply to reload your LBP Toters Cash Balance; and
Subsequent LBP Toters Cash Balance reloads in foreign currency will be processed at the prevailing exchange rate at the time of the reload transaction.
6.2 The exchange rate applicable via Toters App will be displayed once you confirm the amount you would like to load in your LBP Toters Cash Balance and before loading the said amount. When you are loading your LBP Toters Cash Balance through:
A local card, the exchange rate will amount to /15,000/ Lebanese Pounds for one American Dollar; and
An international card or a local card loaded with “fresh” American Dollars, the exchange rate will be set by Toters via Toters App while loading your LBP Toters Cash Balance. For the avoidance of doubt, the exchange rate might change at any time and in the sole and absolute discretion of Toters.
6.3 Where you have selected Card Payment as your designated Loading Method, you acknowledge that transaction errors (the “Card Payment Errors”) might occur and may result in a reversal of the transaction, fees, claims, penalty or chargeback from the financial institution or payment services provider that has issued your card.
6.4 You acknowledge that in case of a Card Payment Error, the financial institution or payment services provider which issues or supports the Card Payment determines solely any amount reversed, returned or charged back and that Toters is bound to follow the instructions of that financial institution or payments services provider. You therefore, hold Toters free of any liability regarding the Card Payment Errors, any indirect, or consequential damages, or any third-party responsibility arising out of the Card Payment Errors.
6.5 You agree to authorize Toters to work with your financial institution or payment services provider to recover any amounts owed to Toters and if necessary, you further agree to authorize Toters to recover any amounts due to it by debiting your LBP Toters Cash Balance or by any other means Toters deems appropriate in its sole discretion.
6.6 You agree that you will be responsible for resolving any disputes with the financial institution which has issued your card used for making a Card Payment.
7. Expiry of Toters Cash Balances
7.1 Subject to Section 14 (Changes to the Terms), your Toters Cash Balances will not expire and will then be available for an undetermined period in your Account.
7.2 Bonus credits, e.g., amounts granted to you by Toters in case of occurrence of any problems during your Transaction in order to compensate the said problem, and credit to you in your credits’ Toters Balance may be subject to an expiration date which will be communicated to you via Toters App.
8. Customer Identification, Fraud Identification and Anti-Money Laundering
8.1 In order to ensure your security, prevent fraud or identity theft, and comply with anti-money laundering laws and regulations (as applicable), we will request information from you at the time of opening your Account and at any time during the use of the Account, to confirm your identity, to allow you to open and maintain an Account and to use the Toters Cash Service. We may also request you to update and verify your information from time to time. This is one way that Toters seeks to obtain comfort that the only person who can access your Account and your Toters Cash Balances is you.
8.2 Toters may delay, suspend or block your access to your Toters Cash Balances until you comply with this information request or other verification steps that may be required by Toters at any time.
8.3 Toters has the right to suspend, or later refund, the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms. Toters reserves the right to suspend the use of your account entirely, disable the cashless feature in the Toters Cash Service or block any financial instruments e.g., credit or debit card where it reasonably believes that the account activity may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms.
8.4 Toters may, from time to time, be required to undertake financial crime screening to comply with applicable laws or regulations, in such circumstances, you agree to assist Toters and cooperate with any requests for information.
9. Use of Toters Cash Service
Toters reserves the right to modify the scope of the Toters Services for which the Toters Cash Service can be used as a payment method to ensure the payment of a Transaction.
10. Non-refundable
Once loaded onto your Account, your Toters Cash Balances are non-refundable (neither to your card in case of Card Payment nor in cash in case of Cash Payment), and may not be redeemed for cash except where required by the law or permitted in these Terms. If you have any queries (including in respect of obtaining a refund) please contact customer support via the “Services” as mentioned in the General Terms.
11. Unauthorized Use of Your Account and Fraudulent Activity
11.1 You agree and undertake to notify Toters immediately upon becoming aware of any fraudulent activity or theft in your Account in general and in your Toters Cash Balances in particular.
11.2 Notifications may be made to Toters via the “Services” as mentioned in the General Terms.
11.3 You are solely responsible for informing your financial institution or payment services provider of any fraud or theft or suspected fraud of theft related to your Card Payment.
11.4 You agree that Toters is not responsible for unauthorized use of the Toters Cash Service. Toters reserves the right (in its sole and absolute discretion) to suspend or void any transaction or use of the Toters Cash Service, where Toters suspects that the Toters Cash Balances were obtained or used fraudulently, unlawfully, illegally, involves criminal activity or that you are otherwise in violation of these Terms.
12. Copyright Policy
The provisions of the General Terms relating to ownership of the “Services” and “Copyright Policy” will apply equally to the Terms.
13. Conflict with General Terms
In the event of a conflict between these Terms and the General Terms, in respect of the Toters Cash Service, these Terms will prevail.
14. 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 Toters Services after the revised Terms come into effect, you are deemed to have agreed to be bound by the revised Terms. At our discretion as to whether a revision to the Terms is substantive, we may notify you about a revision of the Terms in some way (for example, by email or a posting on our website).
15. Governing Law and Jurisdiction
These Terms will be governed by the Laws of the Lebanese Republic and any dispute relating to, or arising out of, the Terms will be submitted to the jurisdiction of the courts of Beirut, Lebanon.