Last Updated: April 28, 2026
This Privacy Policy explains how TOTES USA INC., a Delaware corporation (“Tote’s,” “we,” “us,” or “our”), collects, uses, shares, and protects your personal information when you use the Tote’s mobile and web applications, websites, and related services (together, the “Platform”).
This Privacy Policy applies to customers of the Platform. Riders and merchants are governed by separate agreements that include their own privacy provisions.The short version
We collect what we need to run the Platform: account info, your delivery address, location during deliveries, payment details (processed by Stripe), order history, device data, and app analytics.
We share information with riders and merchants to fulfill your orders, with our Payment Processor to process payments, and with service providers who help us operate the Platform.
We don’t sell your personal information.
You can update or delete your account at any time. Read on for the details.1. Information We Collect
1.1 Account Information
When you create an account, we collect:
• name;
• email address;
• mobile number;
• password (stored encrypted);
• date of birth, where required for age-restricted purchases.
1.2 Order and Address Information
• delivery addresses you save or enter;
• delivery instructions (gate codes, building notes, drop-off preferences);
• order history, including items, prices, merchants, dates, and times;
• ratings, reviews, and feedback you submit.
1.3 Payment Information
Payments are processed by our Payment Processor, Stripe, Inc. and its affiliates. We do not store your full payment card details on our servers. The Payment Processor stores your payment information in compliance with PCI-DSS standards.
We receive limited information from the Payment Processor about your transactions, such as:
• the last four digits of your card;
• the card brand;
• the card expiry month and year;
• transaction amounts, dates, and statuses.
1.4 Location Information
To run a delivery service, we need to know where things are. With your permission, we collect:
• your device’s precise GPS location while you are placing an order or tracking an active delivery;
• approximate location based on IP address when you use the Platform;
• addresses you save or enter into the Platform.
You can control location permissions through your device settings. If you turn off location, some Platform features may not work, including delivery tracking and address auto-fill.
1.5 Device and App Information
• device type, model, operating system, and version;
• unique device identifiers and advertising identifiers;
• mobile network and carrier information;
• IP address and approximate location;
• language and time zone settings;
• app version and crash reports.
1.6 Usage and Analytics Information
• pages and screens you view;
• features you interact with;
• search queries you enter;
• clicks, taps, scrolls, and session length;
• referring URLs and the source through which you discovered the Platform.
1.7 Communications
We collect communications you send to us (in-app support messages, emails, calls, social media direct messages) and may collect communications between you and merchants or riders that are routed through the Platform for support or quality purposes.
1.8 Information from Third Parties
• from social login providers, if you sign in using a third-party account;
• from payment processors, regarding the status of your transactions;
• from referral or marketing partners, if you arrived through one of their channels;
• from fraud-prevention services, regarding risk signals on your account.
2. How We Use Your Information
We use your information to:
• create and manage your account;
• process orders, payments, and refunds;
• dispatch riders and route deliveries;
• communicate with you about your orders, account, and customer support requests;
• send transactional notifications, including order updates, delivery status, and receipts;
• send marketing communications, where you have consented or where permitted by law;
• personalize the Platform experience, including merchant recommendations;
• operate, maintain, secure, and improve the Platform;
• detect, investigate, and prevent fraud, abuse, and security incidents;
• comply with legal obligations, court orders, and lawful government requests;
• enforce our Terms of Service and resolve disputes.
3. How We Share Your Information
3.1 With Merchants
To fulfill your order, we share with the merchant: your first name, the contents of your order, special instructions relevant to preparation, and (where the merchant prepares the order for direct handover) any information needed for the merchant to confirm pickup. We do not share your full address or phone number with merchants unless reasonably necessary for fulfillment.
3.2 With Riders
To deliver your order, we share with the rider: your first name, your delivery address, your delivery instructions, and a way to contact you through the Platform. After the delivery is complete, the rider’s ability to contact you through the Platform is removed.
3.3 With Our Payment Processor
Stripe, Inc. and its affiliates process payments on our behalf and receive payment-related information necessary for that purpose. The Payment Processor handles your payment data under its own terms and privacy policy, available at stripe.com.
3.4 With Service Providers
We share information with third-party service providers who help us run the Platform, including:
• cloud hosting and infrastructure providers;
• communications providers (push notification services, SMS, email);
• analytics providers;
• fraud-prevention and identity-verification services;
• customer support tools;
• mapping and geolocation providers.
These providers are contractually required to use your information only to perform services for us and to keep it confidential.
3.5 For Legal and Safety Reasons
We may share information when we reasonably believe it is necessary to:
• comply with a law, regulation, court order, subpoena, or lawful government request;
• protect the rights, property, or safety of Tote’s, our users, riders, merchants, or the public;
• investigate, prevent, or address fraud, security issues, or violations of our Terms;
• establish, exercise, or defend legal claims.
3.6 In Corporate Transactions
If Tote’s is involved in a merger, acquisition, financing, restructuring, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any change in ownership or use of your information and offer you choices where required by law.
3.7 What We Do Not Do
We do not sell your personal information for monetary value.
4. Communications and Push Notifications
4.1 We may send you the following types of communications:
• order updates and delivery notifications;
• account and security notices;
• customer support messages;
• promotional offers, news, and product updates.
4.2 You can manage push notification permissions through your device settings. You can manage email and SMS marketing preferences through your account settings or by following the unsubscribe instructions in any marketing message.
4.3 Transactional communications (order updates, account notices, security messages) are essential to the service. You cannot opt out of these while you continue to use the Platform.
5. Cookies and Similar Technologies
5.1 The Platform uses cookies, SDKs, pixels, and similar technologies to operate the service, remember your preferences, analyze how users interact with the Platform, and support advertising and marketing efforts.
5.2 You can manage cookies through your browser settings and mobile advertising identifier settings through your device. Disabling certain cookies or identifiers may affect Platform functionality.
6. Data Retention
We keep personal information for as long as necessary to:
• provide the Platform and your account;
• comply with legal, tax, accounting, or regulatory obligations;
• resolve disputes and enforce our agreements;
• protect against fraud and abuse;
• maintain operational records of past transactions.
When personal information is no longer needed for these purposes, we delete or anonymize it. Some information may be retained in aggregated or de-identified form for analytics and platform improvement.
7. Your Choices and Rights
You have the following choices regarding your personal information, subject to applicable law and any legitimate retention obligations we have:
• Access — you may request a copy of the personal information we hold about you;
• Correction — you may update or correct inaccurate or incomplete information through your account settings or by contacting us;
• Deletion — you may request that we delete your personal information by closing your account through the app or by contacting us at [email protected];
• Marketing opt-out — you may opt out of marketing communications at any time;
• Permission control — you may control location, notification, and other device-level permissions through your device settings.
Some information may be retained after deletion to the extent required by law, for legitimate business purposes (such as resolving disputes or preventing fraud), or in aggregated or de-identified form.
8. Security
We use reasonable technical, administrative, and organizational measures to protect personal information against loss, theft, unauthorized access, disclosure, alteration, and destruction. These include encryption in transit, encryption at rest where appropriate, access controls, and ongoing security review. No system is perfectly secure, and we cannot guarantee absolute security.
9. Children
The Platform is not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If you believe a child has provided us personal information, please contact us at [email protected] and we will take appropriate steps to delete it.
10. International Users and Cross-Border Data Transfers
10.1 Tote’s is a Delaware corporation. The Platform currently operates in St. Kitts & Nevis. As we expand into additional Caribbean and international markets, we may transfer, store, and process your personal information in countries other than the one where you live, including the United States.
10.2 Where personal information is transferred internationally, we use appropriate safeguards consistent with applicable law, which may include standard contractual clauses, data protection agreements with our service providers, or your consent.
10.3 By using the Platform, you understand and acknowledge that your information may be processed in countries with data protection laws that differ from those of your country of residence.
11. Third-Party Services
The Platform may contain links to or integrations with third-party services (such as social login, payment providers, mapping services, or merchant websites). Those third parties operate under their own privacy policies. We are not responsible for the privacy practices of third parties. Review their policies before sharing personal information with them.
12. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. The current version is always available in the app and on our website. Material changes will be communicated through the app, by email, or by other reasonable means at least seven (7) days before they take effect, except where a change is required by law or to address an immediate security or operational concern. Continued use of the Platform after a change takes effect constitutes acceptance of the updated Privacy Policy.
13. Contact Us
If you have questions, concerns, or requests regarding this Privacy Policy or your personal information, contact us at:TOTES USA INC.
Privacy: [email protected]
Legal: [email protected]
In-app: Settings → PrivacyTOTES USA INC. — Privacy Policy
Last Updated: April 28, 2026
Welcome to Tote’s. These Terms of Service (the “Terms”) are the agreement between you and TOTES USA INC., a Delaware corporation (“Tote’s,” “we,” “us,” or “our”), governing your use of the Tote’s mobile and web applications, websites, and related services (together, the “Platform”).
By creating an account, placing an order, or otherwise using the Platform, you confirm that you have read these Terms, understood them, and agreed to them. If you do not agree, do not use the Platform.The short version
Tote’s connects you with restaurants and other merchants in St. Kitts & Nevis and arranges for independent riders to deliver your orders.
We don’t cook your food or employ the riders. The merchants prepare it. The riders deliver it. We run the technology and coordinate the experience.
These Terms cover how the Platform works, how payment and refunds are handled, how disputes get resolved, and what we can’t do for you. Read them properly — they affect your legal rights.1. Who We Are
1.1 Tote’s is a technology marketplace and delivery coordination platform. We connect you with independent merchants (such as restaurants, pharmacies, and convenience stores) and independent delivery riders.
1.2 We do not prepare, package, or handle food. The merchants do. We do not employ the riders. They are independent contractors.
1.3 When you place an order on the Platform, you are entering into a transaction with the merchant. Tote’s acts as the merchant’s limited payment collection administrator and as the coordinator of independent delivery services. We do not sell the food or goods to you ourselves.
2. Your Account
2.1 You must be at least 18 years old, or the age of majority in your location, to create a Tote’s account.
2.2 You must provide accurate, current, and complete information when you sign up, including your name, mobile number, email address, delivery address, and payment details.
2.3 You are responsible for keeping your account information current. You are responsible for any activity on your account, including any orders placed using your login credentials.
2.4 Do not share your account or password. If you suspect unauthorized access, notify us immediately through the in-app support channel.
2.5 We may refuse to create, suspend, or close any account where we reasonably believe the account has been used for fraud, abuse, breach of these Terms, or activity that puts the Platform, its users, riders, or merchants at risk.
3. Ordering on the Platform
3.1 The Platform displays merchants, menus, items, and prices set by the merchants. Item availability, prices, and menus may change at any time and without notice.
3.2 When you place an order, you are making an offer to purchase from the merchant. The merchant accepts your order by beginning preparation. Tote’s coordinates payment, delivery dispatch, and customer support.
3.3 We try to keep menu information accurate, but errors can happen. If a merchant cannot fulfill your order — because of inventory, kitchen issues, or any other reason — we may cancel and refund the order or a portion of it.
3.4 You are responsible for the accuracy of your delivery address and any special instructions you provide.
4. Pricing, Fees, and Payment
4.1 The price you pay typically includes:
• the merchant’s food or goods subtotal;
• a delivery fee, which may vary by distance, time of day, demand, and weather;
• a small service fee where applicable;
• any voluntary tip you choose to add for the rider;
• any applicable taxes (VAT or equivalent), where relevant.
4.2 Total prices, fees, and any applicable taxes are shown to you before you confirm your order. By tapping the confirmation button, you authorize Tote’s to charge your selected payment method for the full amount.
4.3 Prices, fees, delivery charges, and tip suggestions may change at any time. Surge pricing or weather-related fees may apply during periods of high demand or adverse conditions. If a fee changes between when you open the app and when you check out, the price displayed at checkout is the price you pay.
4.4 Tote’s may run promotions, discounts, vouchers, or loyalty credits from time to time. Promotional terms apply on a per-promotion basis. Tote’s may modify or end promotions at any time.
5. Payment Processing
5.1 Payments on the Platform are processed by Stripe, Inc. or its affiliates (the “Payment Processor”) under the Payment Processor’s own terms of service. By using the Platform, you agree to comply with the Payment Processor’s terms.
5.2 Tote’s collects payment from you on behalf of the merchant and the rider, and acts as their limited payment collection administrator. Tote’s does not provide banking, escrow, or money transmission services.
5.3 You authorize Tote’s and the Payment Processor to charge your payment method for the full amount of any order you place, including taxes, fees, tips, and any post-delivery adjustments authorized by these Terms.
5.4 If a payment fails, we may suspend your ability to place further orders until the issue is resolved.
6. Delivery
6.1 Riders are independent contractors. They are not employees, agents, or representatives of Tote’s, the merchant, or you.
6.2 Delivery time estimates shown in the app are estimates only. Actual delivery times can be affected by:
• merchant preparation time;
• rider availability and routing;
• traffic and road conditions;
• weather;
• order volume surges;
• the accuracy of your delivery address and instructions;
• force majeure events.
6.3 Tote’s does not guarantee any specific delivery time. We are not liable for delays caused by any of the factors listed above.
6.4 You are responsible for being available to receive your order at the address provided. If a rider attempts delivery and cannot reach you, the rider may wait a reasonable period (typically 8 minutes), attempt to contact you through the app and by phone, and then mark the order as undeliverable. In that case, you may not be entitled to a refund.
6.5 For age-restricted items (where available), valid government-issued ID may be required at delivery. The rider may refuse delivery if the recipient cannot produce ID or appears intoxicated.
7. Refunds and Order Issues
7.1 If something goes wrong with your order — missing items, wrong items, food quality issues, severe delays — contact us through the in-app support channel as soon as you can, and ideally within 24 hours of delivery.
7.2 Where we determine that a refund or credit is appropriate, we may offer a full or partial refund, a Tote’s credit, or a redelivery, at our discretion. Refund eligibility depends on the nature of the issue, the timing of your report, and the evidence available.
7.3 Refunds are typically processed back to your original payment method through the Payment Processor. Processing times depend on your bank or card issuer and are outside our control.
7.4 We may decline refund requests that we reasonably believe to be fraudulent, abusive, or made in bad faith, or where the issue does not meet our refund eligibility criteria.
7.5 Repeated or excessive refund requests may result in account review, suspension, or closure.
Important
Tote’s is not the food preparer. We do our best to make things right when something goes wrong, but the merchant is the party legally responsible for the food itself — quality, accuracy, allergens, ingredients, and safety. For matters that fall on the merchant, we may help facilitate a refund but cannot accept liability beyond what these Terms allow.
8. Prohibited Conduct
When you use the Platform, you agree not to:
• provide false, misleading, or inaccurate information;
• place fraudulent, manipulative, or test orders;
• use multiple accounts to abuse promotions, referrals, or credits;
• share, sell, or transfer your account to anyone else;
• attempt to reverse-engineer, copy, scrape, or interfere with the Platform or its underlying technology;
• use the Platform for any unlawful purpose, including ordering goods you are not legally permitted to receive;
• harass, threaten, intimidate, or behave abusively toward riders, merchants, Tote’s staff, or any third party;
• solicit personal contact details of riders or merchants for off-Platform transactions;
• upload, post, or share content that is illegal, defamatory, hateful, or violates the rights of others;
• circumvent any technical, security, or access-control measures of the Platform.
9. Ratings, Reviews, and Feedback
9.1 You may be invited to rate orders, riders, and merchants. Ratings and reviews must be honest, lawful, and based on your actual experience. We may remove or moderate any rating or review that we reasonably believe is fake, abusive, defamatory, or violates these Terms.
9.2 By submitting feedback, suggestions, or content to Tote’s, you grant us a worldwide, royalty-free, perpetual license to use, display, and adapt that content for any purpose related to operating, marketing, or improving the Platform, without further obligation to you.
10. Intellectual Property
10.1 The Platform, including its software, design, branding, logos, content, and trademarks, is the exclusive property of Tote’s or its licensors. You may not copy, modify, distribute, sell, or create derivative works of any part of the Platform without our prior written consent.
10.2 We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for personal, non-commercial purposes, in accordance with these Terms.
11. Third-Party Merchants and Riders
11.1 Merchants are independent businesses. They are responsible for their menus, prices, ingredients, allergens, food preparation, packaging, and food safety.
11.2 Riders are independent contractors. They are responsible for their conduct, vehicles, equipment, and the manner in which they perform deliveries.
11.3 Tote’s is not responsible for the acts, omissions, or quality of any merchant or rider, except as expressly stated in these Terms or required by applicable law.
12. Apple App Store and Google Play Terms
12.1 If you downloaded the Tote’s app from the Apple App Store, you also agree to comply with the Apple Media Services Terms and Conditions. You acknowledge that:
• these Terms are between you and Tote’s, not Apple;
• Apple has no obligation to provide maintenance or support for the Tote’s app;
• Apple is not responsible for addressing any claims relating to the app, including product liability, regulatory compliance, or intellectual property infringement;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
12.2 If you downloaded the Tote’s app from Google Play, you also agree to comply with the Google Play Terms of Service. You acknowledge that these Terms are between you and Tote’s, not Google.
13. Changes to the Platform and These Terms
13.1 We are continuously improving the Platform. We may add, change, or remove features at any time.
13.2 We may update these Terms from time to time. The current version is always available in the app and on our website. Material changes will be communicated through the app, by email, or by other reasonable means at least seven (7) days before they take effect, except where a change is required by law or to address an immediate security or operational concern.
13.3 Continued use of the Platform after a change takes effect constitutes acceptance of the updated Terms. If you do not accept a change, your sole remedy is to stop using the Platform and close your account.
14. Suspension and Termination
14.1 You may stop using the Platform and close your account at any time through the app or by contacting support.
14.2 We may suspend, restrict, or close your account at any time, with or without notice, where we reasonably believe:
• you have breached these Terms;
• your account has been used for fraud, abuse, or unlawful activity;
• your conduct creates a risk to other users, riders, merchants, or the Platform;
• we are required to do so by law, regulation, or order of a competent authority;
• we discontinue the Platform or specific features.
14.3 Suspension or termination does not relieve you of any payment obligations already incurred, and Sections that by their nature should survive (including liability, indemnification, intellectual property, and dispute resolution) survive.
15. Disclaimers
15.1 The Platform is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, uptime, and uninterrupted operation.
15.2 We do not warrant that the Platform will be error-free, free from outages, or continuously available. Scheduled or unscheduled downtime, payment processor outages, third-party failures, and force majeure events do not constitute breach of these Terms.
15.3 We make no warranties about the food, goods, or services provided by merchants, the conduct or quality of riders, or the accuracy of menus, prices, photos, ingredient lists, or allergen information. The merchant is responsible for those.
16. Limitation of Liability
16.1 To the maximum extent permitted by law, Tote’s, its affiliates, officers, directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, data, or anticipated savings, arising from or related to your use of the Platform, even if advised of the possibility of such damages.
16.2 To the maximum extent permitted by law, our aggregate liability for any cause arising out of or related to these Terms or your use of the Platform shall not exceed the greater of (a) the total amount you paid to Tote’s in the three (3) months immediately preceding the event giving rise to the claim, or (b) USD $200.
16.3 We are not liable for loss arising from food safety, food quality, allergens, ingredient disclosure, or any other issue attributable to a merchant. We are not liable for loss arising from rider conduct or accidents during delivery.
16.4 Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
17. Indemnification
You agree to defend, indemnify, and hold harmless Tote’s, its affiliates, officers, directors, employees, and contractors against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from or related to your use of the Platform, your violation of these Terms, your violation of any law, your violation of the rights of any third party, or any content you submit to the Platform.
18. Governing Law and Dispute Resolution
18.1 These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18.2 Before filing a claim, you agree to first contact us through the in-app support channel and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiation for thirty (30) days.
18.3 Any unresolved dispute shall be finally resolved by binding arbitration administered under recognized international commercial arbitration rules (ICC, AAA-ICDR, or LCIA at Tote’s election), seated in Wilmington, Delaware, conducted in English, before a single arbitrator. The arbitrator may award injunctive relief. Either party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or Platform integrity.
18.4 You and Tote’s waive any right to a jury trial and to participate in any class, collective, or representative action. Each party shall bring claims only in their individual capacity.
18.5 Notwithstanding the above, claims for amounts under USD $1,000 may, at the claimant’s option, be brought in small claims court of competent jurisdiction.
Mandatory arbitration and class action waiver
By agreeing to these Terms, you are agreeing to resolve disputes with Tote’s through individual arbitration rather than in court, and you are waiving the right to bring or participate in any class action. This is an important legal right — read Section 18 carefully.
19. Force Majeure
Tote’s is not liable for failure or delay in performance to the extent caused by events beyond our reasonable control, including natural disasters, hurricanes, severe weather, civil unrest, government action, regulatory changes, payment processor or banking outages, internet or telecommunications failures, third-party platform outages, or pandemic conditions. We may temporarily suspend the Platform during severe weather, civil emergency, or government-mandated shutdowns for up to fourteen (14) consecutive days without breach of these Terms.
20. Privacy
Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. The Privacy Policy is available in the app and on our website and is incorporated into these Terms by reference.
21. Notices
21.1 We may send you notices through the app, by email to the address on file, by SMS to the mobile number on file, or by other reasonable means. Notices are deemed received on the next day after sending.
21.2 You may send legal notices to Tote’s by email to [email protected] or by recognized courier to TOTES USA INC. at its registered Delaware address.
22. General
22.1 These Terms, together with our Privacy Policy and any policies referenced or published by Tote’s, constitute the entire agreement between you and Tote’s regarding the Platform and supersede all prior agreements and understandings.
22.2 If any provision is held unenforceable, the remainder of these Terms remains in full force, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
22.3 No waiver is effective unless in writing. No failure or delay in exercising a right constitutes a waiver.
22.4 You may not assign or transfer your rights under these Terms. Tote’s may assign these Terms freely, including to an affiliate, successor, acquirer, or financing party, or in connection with a corporate reorganization, regional expansion, or sale of all or substantially all of its assets.
22.5 Headings are for convenience only and do not affect interpretation.If you have questions about these Terms, contact us at [email protected].TOTES USA INC. — Customer Terms of Service