[Taiwan] Terms and Conditions of the Third-Party Payment Services
These Terms and Conditions of the Third-Party Payment Services (these “Terms”) supplement the Terms of Service of Carousell (as defined below), and explain and set out how Carousell processes the payments (the “Third-Party Payment Services”) for the purchases and sales via Carousell’s website at https://tw.carousell.com/ and all related domains and sub-domains, as may be amended or updated by Carousell from time to time and/or the Carousell mobile application software, including all its features and content and the services that Carousell makes available on or through it, and any and all updates, upgrades, supplements, enhancements and releases thereto as may be provided by Carousell from time to time, as well as your rights and obligations for using the Third-Party Payment Services. The Third-Party Payment Services only apply to 7-ELEVEN Cash on Delivery. Upon activation of the 7-ELEVEN Cash on Delivery services, a seller may ship the goods at a 7-ELEVEN store and the buyer may pay for and pick up the same at another 7-ELEVEN store. The payment collected from the buyer will be deposited into Carousell’s dedicated account at Taipei Fubon Commercial Bank Co., Ltd. (“Taipei Fubon Bank”) and then be transferred to the seller’s personal bank account within the agreed-upon timeframe. You (i.e., either a “Buyer” or a “Seller”, as applicable) shall read these Terms carefully and agree to comply with and be bound by these Terms before using the 7-ELEVEN Cash on Delivery services. Your use of the Third-Party Payment Services will be deemed as your acceptance of these Terms.
Details of the Service Provider
Name: Carousell Ltd. (“Carousell”)
Statutory Representative: MARCUS TAN YI WEI
Address: 4F, No. 92, Sec. 1, Nanjing East Road, Zhongshan District, Taipei City, Taiwan
To call our customer support, please contact us via LINE’s voice services (LINE ID: carouselltw).
Customer support via LINE’s voice services are available 10:00 - 18:00 (Except lunch break at 14:00 - 15:00), Monday - Friday
Please note that we do not provide customer support via LINE’s voice services on public holidays or weekends; if you need any assistance on such non-business days, please contact our customer service at http://caro.sl/2zromJl.
Validity of Communications through E-mail
Unless otherwise prohibited by law or by a public announcement issued by an administrative authority, communications between Carousell and you by electronic means under these Terms shall have the same effect as if they were made in writing, provided that they are presented in their entirety and can be retrieved for verification at a later time.
In the event of any disputes hereunder, these Terms shall be construed in your favor.
The Buyer and Seller may agree to complete their transaction via 7-ELEVEN Cash on Delivery services, which the Seller shall ship the goods at a 7-ELEVEN store and the Buyer shall pay for and pick up the same at the 7-ELEVEN store designated thereby. The Buyer can only pay for the goods in cash and all the payment shall be settled in New Taiwan Dollars.
The Buyer shall pay for and pick up his/her purchase at the 7-ELEVEN store designated thereby. After the Buyer has picked up his/her purchase and verified that it is correct, he/she will give the Seller a review of the purchase on the Seller’s Carousell page. The Buyer may seek Carousell’s support for any issues with the purchase within twenty-four (24) hours of receipt of the goods in accordance with Clause 8 of these Terms. If you do not seek Carousell’s support within twenty-four (24) hours of receiving the goods, the transaction is considered complete and Carousell will release the payment to the Seller in accordance with these Terms.
Except in the event of force majeure or for reasons that cannot be attributed to Carousell, Carousell will send the transaction details to the Buyer by email or notify the Buyer and Seller via their Carousell accounts after the Buyer has completed the payment for the goods. Carousell will send out monthly payment statements or provide a payment inquiry page for both the Buyers and Sellers to inquire about payment details at any time.
Dedicated Trust Account
All payments for the purchases and sales via Carousell will be deposited into a dedicated trust account of Carousell as provided under a Trust Agreement between Carousell and Taipei Fubon Bank (the “Dedicated Trust Account”). The term “Dedicated Trust Account” refers to an account where the funds therein will only be used by Carousell to meet the obligations of the Third-Party Payment Services. The beneficiary of the Dedicated Trust Account is Carousell and Taipei Fubon Bank does not administer the Dedicated Trust Account for the benefit of either the Buyers or the Sellers.
The Dedicated Trust Account, as referred to in the preceding paragraph, only receives and keeps safe of the funds arising from the Third-Party Payment Services (i.e., the prices paid by the Buyers to the Sellers) and all other amounts not attributable to such purpose and source are not the property of the Dedicated Trust Account. The Dedicated Trust Account is a non-earnings account. No interest will be accrued on any funds deposited into the Dedicated Trust Account.
The payments collected using the Third-Party Payment Services will be settled on a weekly basis with the weekly cycle starting on Mondays and ending on Sundays.
(a) The payments collected by 7-ELEVEN stores from Mondays to Wednesdays will be deposited into the Dedicated Trust Account by the Saturdays of the same week (or the next business day if such day falls on a public holiday or Sundays).
(b) The payments collected by 7-ELEVEN stores from Thursdays to Sundays will be deposited into the Dedicated Trust Account by the following Wednesdays (or the next business day if such day falls on a public holiday or weekends)
(c) Please click here for details on how Sellers receive the payments.
All Sellers shall transfer any balance reflected in the ‘Balance’ tab to a designated bank account within six (6) months after the transaction is completed (i.e., twenty-four (24) hours after the Buyer collects his/her purchase).
Dispute Resolution Mechanism
You understand and agree that regardless of provision of the Third-Party Payment Services by Carousell, Carousell is not involved in the transfer of goods between a Buyer and a Seller, and that Carousell does not make any guarantee regarding the delivery schedule of the goods or that the goods will meet the Buyer’s expectations (including, without limitation, the color, size, condition or function thereof).
A Seller or Buyer who elects to use the Third-Party Payment Services may request Carousell’s assistance in resolving a dispute by writing to Carousell. If you are unsatisfied with the performance or outcome of a transaction, you shall notify Carousell immediately to resolve the dispute, and Carousell will notify the counterparty upon receiving your notice and will initiate a dispute resolution process and will ask you to provide the relevant documents or evidence within, at the most, five (5) business days. However, Carousell will only suspend the payment process if the Buyer seeks Carousell’s immediate support within twenty (24) hours of receiving the goods and provided that Carousell determines the transaction to be fraudulent.
If you fail to provide adequate documents or provide within the above-referenced timeframe, Carousell may resume the payment process. Carousell reserves the right, depending on the complexity of the case, to extend the time period in which the complainant must provide such documents or evidence, and Carousell may take such steps as may be necessary to determine, in its sole discretion: (1) retain the payment from the transaction in dispute (the “Disputed Amount”) in the Dedicated Trust Account until the dispute is resolved; (2) return all or part of the Disputed Amount to the Buyer or distribute the same to the Seller; (3) require the Buyer to return the goods to the Seller; (4) require the Seller to return the Disputed Amount to Carousell or the Buyer; and/or (5) require the Seller to offer, in lieu of the original payment, an item of the same specifications, content, or type as the Buyer’s original purchase. You agree and acknowledge that Carousell shall have no liability to the Buyer or Seller for any determinations referred to above.
If you fail to seek Carousell’s immediate support within twenty-four (24) hours of receiving the goods, or in the event that Carousell determines that the transaction is not fraudulent, Carousell reserves the right to discontinue the payment process based on the information provided by you, unless the payment has already been completed. Carousell will not be liable for any damages or costs (including, without limitation, attorneys’ fees, dispute-settlement costs, mediation costs, or any dispute resolution costs) resulting from any action arising therefrom.
You understand and agree that Carousell is a neutral platform. Disputes between Buyers and Sellers that cannot be resolved by negotiation or by Carousell’s determinations, as described above, may be referred to governmental authorities, prosecutors, law enforcement agencies or judicial authorities in accordance with the law or by initiating a dispute resolution (each an “Action”) and notifying Carousell thereof. Carousell may only make a refund to the Buyer or distribute funds to the Seller based on the outcome of the negotiation or the Action. However, Carousell shall not be liable for any damages or costs (including, without limitation, attorneys’ fees, dispute-settlement costs, mediation costs, or any dispute resolution costs) arising from such Action if Carousell has already made payment to the Seller in accordance with these Terms before the commencement of the dispute resolution process.
You agree to pay Carousell the Third-Party Payment Services Fee set forth in the Fee Schedule . Carousell reserves the right to set and adjust fees and charges provided in the Fee Schedule at its sole discretion.
Provision of Data
If you are a Seller and wish to offer goods to Buyers using 7-ELEVEN Cash on Delivery, you must follow Carousell’s instructions to activate the feature and provide the details of your bank account. To protect your rights, you must ensure that the account information you provide is true and correct, and that the bank account you are using is not fraudulent or belongs to someone else. If your account information subsequently changes, or if you wish to use another bank account to receive the payments, you shall notify Carousell of the change; Carousell will still remit the relevant funds to the account you had provided until such time.
Handling of Payment Errors
In the event of a payment error due to a cause not attributable to you, Carousell will assist you in correcting the error and provide other necessary assistance.
In the event of a payment error due to a cause attributable to Carousell, Carousell will correct the error as soon as it becomes aware of it and will notify the consumer by email.
In the event of a payment error due to a cause attributable to you, such as you entering an incorrect amount or entering an incorrect payee, Carousell will promptly assist you in processing the payment upon notice from you. Carousell does not guarantee that you will get the money back if you make a payment error.
Carousell works with financial institutions that have passed the ISO27001 information security certification standard to handle the payment flows to ensure the security of transaction information.
Carousell and you shall each ensure the security of its/your information systems to prevent unauthorized access, acquisition, alteration, destruction of business records or your personal data.
Carousell bears no burden of proof where a third party has breached the safeguards of Carousell’s information systems or has exploited a vulnerability in the information systems.
Carousell is responsible for any damage to you caused by a third party’s unauthorized access to Carousell’s information system.
Termination of Contract or Suspension of Services
Carousell may terminate these Terms or suspend the Third-Party Payment Services under the following circumstances
(a) where there is sufficient evidence to believe that you have engaged in criminal or unlawful conduct such as money laundering or fraudulent use of your bank account;
(b) where the payment has been subject to attachment order by a court or a prosecutor;
(c) where the identification and authentication information you have submitted has been proven to be false; or
(d) where Carousell in its sole discretion determine that you as the Buyer has repeatedly failed to collect the goods.
You may terminate these Terms at any time by notifying Carousell, after which you will not be able to use these Third-Party Payment Services in whole or in part. The transactions that occurred prior to your termination of these Terms using the Third- Party Payment Services will continue to be subject to these Terms and the applicable fees.
- Handling of Account Theft
You shall notify Carousell as soon as you become aware of any fraudulent use of your account and password through the following channels:
Customer service inbox accepts emails twenty-four (24) hours a day; your message will be processed from 10:00 to 18:00, Monday through Friday (excluding public holidays), by our customer service personnel.
Carousell will notify you immediately if it becomes aware that your account password has been fraudulently used and will suspend all payments instructed using your account, and will also temporarily stop accepting subsequent payment instructions from your account.
After you have reported the fraudulent use of your account or password and completed the relevant procedure, Carousell will be liable for any loss incurred thereafter and you will be sole responsible for any loss incurred prior to the completion of such procedure. You shall also be solely liable for any and all losses incurred due to:
(a) Your failure to keep your account and password secure;
(b) Your provision of your account and password to others;
(c) Your failure to use the account security mechanism provided by Carousell; or
(d) Other causes attributable to your willful act or gross negligence.
The costs of investigating the fraudulent use of your account and password will be borne by Carousell.
Carousell will notify you of any changes to these Terms by posting a notice at a prominent place of Carousell’s website and sending a notice to you by email or to your account seven (7) days prior to the change, and you have seven (7) days from the date you receive the notice to decide whether to accept the change or not. If you continue to use the Third-Party Payment Services after the seven (7) day period, you will be deemed to have agreed to such changes to these Terms.
Changes to these Terms will not be binding on you without a public announcement and notification by Carousell thereof in accordance with these Terms.
- Termination of Trust Relationship
If the trust agreement between Carousell and Taipei Fubon Bank terminates, the Dedicated Trust Account will be disposed of in the manner described below:
The remaining balance in the Dedicated Trust Account shall be paid to the Seller, returned to the Buyer, delivered to Carousell or to such new trustee bank as Carousell may otherwise designate, in accordance with Carousell’s instructions. If Carousell has provided evidence to prove that it has established a full performance guarantee mechanism from another financial institution, the funds shall be delivered to Carousell.
Carousell may perform routine system maintenance and the Third-Party Payment Services may therefore be temporarily unavailable. As such, please pay attention to Carousell’s relevant announcements.
Your use of the Third-Party Payment Services shall only be for the intended purposes thereof and shall not violate these Terms, the laws of the Republic of China (Taiwan), or the public order and good customs, and shall not infringe upon the legitimate rights and interests of Carousell or any third party.
These Terms are a part of Carousell’s Terms of Service and in the event of any discrepancy between these Terms and the Terms of Service, these Terms shall prevail.
By using the Third-Party Payment Services in any manner, including but not limited to visiting or browsing websites of the Third-Party Payment Services, you agree to observe and be bound by these Terms and the supplemental or additional terms and conditions, regulations, policies, guidelines, rules and fee standards referenced herein and/or available by hyperlink.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the Republic of China (Taiwan).
These Terms are set forth in Chinese and English; in the event of any inconsistency there-between, the Chinese version shall prevail.
Last Updated on 18 February 2021