Terms of Service (Hong Kong)
If you are a user located in Hong Kong, these Terms of Service ("Terms") govern your use of the websites, mobile applications and services provided by [Carousell Limited] ("Carousell") to you (collectively, the "Services").
If you are in:
- Taiwan and access services from Carousell which are focused on Taiwan, please refer to our Terms of Service for Taiwan;
- Malaysia and access services from Carousell which are focused on Malaysia, please refer to our Terms of Service for Malaysia;
- Any jurisdiction other than Hong Kong, Malaysia or Taiwan, please refer to our general Terms of Service; and
- the United Kingdom or European Union: Carousell does not: (a) offer goods or services to, or monitor the behaviour of, United Kingdom and European Union data subjects; and (b) process and/or hold the personal data of data subjects residing in the United Kingdom and European Union
1. General
These Terms apply to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials.
The Services include:
- Access to the Carousell venue;
- Creation and use of an Account;
- Carousell Subscriptions (including CarouBiz);
- Bumps, Shoutout and Spotlight campaigns;
- Availability of Listing Quota and Reply Quota;
- Creation of Content;
- Selling and buying on Carousell;
- Buyer Protection (including Payment Service and Shipping Service);
- Shipping Service; and
- Carousell Coins.
Additional terms may apply to your use of some the Services, including terms, conditions, policies and guidelines that Carousell might notify you from time to time ("Additional Terms"). These Additional Terms form part of and are incorporated into these Terms, and apply to your use of the Services.
If you are entering into these Terms for and on behalf of a business entity: (a) you warrant that you are authorised to do so and that you are authorised to bind the relevant business entity to these Terms; and (b) the term “you” in these Terms shall include the business entity on whose behalf you are using the Services, unless the context does not permit.
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms, conditions, policies, guidelines (which form a part of these Terms, and as they may be updated, amended or replaced from time to time) referenced herein and/or available by hyperlink and all applicable laws with respect to your activities and the Content which you upload to the Services.
We may amend these Terms at any time. Where we consider that such changes are material, we will (where reasonably practicable) notify you (via email, our website, mobile application or any other reasonable means) prior to such changes becoming effective.
If you have entered into any other agreements with us – those agreements will prevail over this Agreement to the extent of any inconsistency, except if it is specified otherwise (whether in these Terms or in those other agreements between you and us).
If you have any questions, please refer to our Help Centre.
2. Use of the Services
Subject to your compliance with these Terms, Carousell grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
- Upload or communicate any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Carousell or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Carousell.
- Use any proprietary information or interfaces of Carousell or any other intellectual property of Carousell in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is false, offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, infringing, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Take any action to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate Accounts (as defined below); generating fake orders; and buying and reselling your own inventory.
- Use the Services to upload, post, or otherwise communicate any Content which falsely represents that your listing(s) falls under a program offered by Carousell when it is not. This includes but is not limited to misrepresenting that a listing is a Certified listing under Carousell’s Certified Program.
- Authorise, permit or encourage anyone to do any of the foregoing.
Carousell reserves the right to claw back any cashbacks, prizes and/or amounts paid to you as part of any event, promotion, offers, campaign and any other activities and/or terminate or suspend your Account, if you engage in or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
3. Account
You need to have an account with Carousell (“Account”) in order to use some parts of the Services. When you create an Account, you represent, warrant and agree that:
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
You may use the Services if you are over 18 years of age. If you are under 18 years of age, you may only use the Services after obtaining your parent or guardian's agreement to these Terms (both for themselves and on your behalf), and your parent or guardian (as applicable) will be responsible for (and will supervise) your use of the Services.
You are responsible for safeguarding and maintaining the confidentiality of your Account login username and password and are responsible for all activities and Transactions (as defined below) undertaken through your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party.
Unless expressly permitted by Carousell and subject to these Terms and any other additional terms as Carousell determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission. Carousell reserves the right to suspend or terminate your Accounts and/or your access to the Services at any time, without advance notice to you.
Carousell reserves the right to treat multiple Accounts set up by or on behalf of the same user, whether after obtaining Carousell’s authorisation or not, as one. This includes the right to treat the Balances (as defined below) held in multiple Stripe Accounts (as defined below) as one, and including to instruct any relevant Payment Service Provider (as defined below) to debit any such Stripe Account to satisfy debts, payments and refunds in respect of any other Account held by you or on your behalf. For instance, where you have engaged in a Prohibited Transaction (as defined below) using one of your multiple Accounts, Carousell may use the Balance in that corresponding Seller Account and/or any of the Stripe Accounts connected with your other Accounts to reimburse a buyer up to the amount equivalent to the Buyer's Purchase Monies (as defined below) in connection with that Prohibited Transaction.
We may allow you to register for Carousell using sign-on functionalities provided by third party platforms, such as Google. You agree to comply with the relevant third party platform's terms and conditions applicable to your use of such functionalities (in addition to these Terms).
3.1. Carousell Subscriptions
In addition, you may also claim, redeem and/or purchase subscriptions (“Carousell Subscriptions”), such as CarouBiz, for access and use of additional features and Services via a subscription service on or via any of the Platforms (as defined below) or any other methods as may be made available on the Platforms or as may be notified to you from time to time.
Any such purchases shall be in accordance with prevailing subscription rules and fees applicable to the relevant Carousell Subscription, each as set out below, referenced herein by hyperlink or otherwise made available to you. All such subscription rules form a part of these Terms.
3.1.1. Caroubiz Subscriptions
By using and/or purchasing the CarouBiz Services (as defined in the Standard Terms for CarouBiz), you agree to observe and be bound by the Standard Terms for CarouBiz.
4. Bumps, Shoutout and Spotlight campaigns
You may purchase bump-products (each, a “Bump”), place a listing in Spotlight (“Spotlight”) for increased visibility for your listings and/or purchase shoutouts (each, a "Shoutout") for increased visibility of your profile and custom collections in accordance with Carousell’s prevailing listing and priority rules and charges, the terms of which can be found at Bumps, Shoutout and/or Spotlight, and forms a part of these Terms. Please also take the time to read and understand the additional terms and conditions, as set out in Clause 16 below, that will apply when you choose to purchase coins (“Carousell Coins”) which may be used to pay for certain services, including our Bumps, Shoutout and/or placing a listing in Spotlight (each, a “Spotlight Campaign”).
You acknowledge and agree that:
- your Bumped listings may rise and fall in priority in relation to other users’ listings in accordance with Carousell’s prevailing listing rules, formulae and algorithms. Each Bump is an instant effect and all fees and/or charges paid by you to us for any Bump are non-refundable;
- your Bump(s) will be terminated early if you change the category of the Bumped listing or delete/reserve/mark the Bumped listing as sold/inactive and no refunds will be issued for any such early termination;
- Carousell does not represent or warrant that any Bump, Shoutout and/or any listing placed in Spotlight will lead to a like, offer, chat, follow or, by extension, sale;
- your Shoutout may be terminated early in the event that you delete, reserve or mark listings in the custom collection or your profile as sold or inactive, resulting in there being less than three (3) live listings in your profile or custom collection and no refunds of any unused Carousell Coins will be issued.
- your Spotlight Campaign may be terminated early in the event the Spotlight Campaign is not performing well, and any unused Carousell Coins pursuant to such early termination and/or for any undelivered clicked views will be refunded back to your Account;
- the fees payable in respect of each Shoutout are subject to and dependent on the duration of the Shoutout that you purchase;
- the fees payable in respect of each Spotlight Campaign are subject to and dependent on the number of views or clicks (as the case may be) and the category which the listing placed in Spotlight resides in. In addition, each category has its unique demand for views and placing a listing in Spotlight in more popular categories will cost more; and
- notwithstanding the above, and subject to paragraph 6, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
5. Fees and Payments
From time to time, the Services (or certain goods or services made available within the Services) may be subject to payment. Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, quota fees, for the Carousell Coins you purchase, and/or fees and charges otherwise in relation to your Account or listing (collectively, the “Carousell Fees”).
If you do not pay us any of the applicable Carousell Fees, we may not be able to provide the relevant Services to you.
You may pay your Carousell Fees using any of the methods as may be made available to you from time to time.
You acknowledge and agree that:
- we may set out further terms applying to such payments (including in relation to refunds (if any) and billing arrangements), you must comply with all such terms in relation to your payments to us;
- pricing and availability of Services are subject to change at any time;
- in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your Carousell Subscription will automatically be suspended and/or terminated if payments are not received within ten (10) days from the due date;
- save as set out in this Clause 5, but subject to applicable laws, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Carousell Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
- you shall make prompt payment of all Carousell Fees, in full before the due date stipulated by Carousell for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Carousell, without prejudice to any other rights or remedies available to us, Carousell shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Carousell Fees and any legal fees and collection costs incurred by Carousell in collecting any past due amounts. This fee will be applied on the day after the payment due date and will be applied each month until the overdue amount is paid;
- in the event your Account is suspended or terminated for any reason, any amounts due on your Account will immediately become due and payable. Carousell reserves the right to immediately charge any amounts you have not previously disputed in writing to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us;
- you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees; and
- Subject to applicable laws or as otherwise specified by us (within these Terms or otherwise) from time to time – we will not provide a refund for any payments you make to us for any Services or for any other goods or services (whether used or unused).
If you believe that we have charged you in error, and subject to applicable laws:
- you must contact us within 28 days of the date of the relevant charge; and
- we will not provide any refunds if you do not contact us within such 28 days period.
We may process your payments via a third party payment processing service, and we may provide your relevant personal information to such third parties to process your payments. You agree to comply with any terms and conditions (from us or the relevant third party) in relation to such payment processing.
5.1. Listing Fees
You may be limited to a maximum number of active listings you may publish on your profile at a time (“Listing Quota”) or as to the number of buyers you can reply to in a specific category at a time (“Reply Quota”). Any additional listing insertion is subject to a fee in accordance with Carousell’s prevailing fees’ rules and charges, which can be found in the following articles and forms a part of these Terms:
Please take the time to read and understand the additional terms and conditions, as set out in Clause 16 below, that will apply when you choose to purchase Carousell Coins to pay for additional listing insertions and other services such as Custom Quota or Reply Quota.
You acknowledge and agree that:
- Carousell does not represent or warrant that any Carousell Fees paid or payable will lead to a like, offer, chat, quality lead or, by extension, sale;
- Custom Quotas are only valid for one (1) year from the date of their purchase, unless otherwise stated in the relevant terms and conditions at the point of purchase and/or allocation (the “CQ Validity Period”);
- Unless otherwise specified or updated in Carousell’s prevailing Reply Quota rules, Reply Quotas are allocated on a monthly basis and will refresh on a fixed day every month based on the day on which the Reply Quota was first consumed. Unused Reply Quota cannot be paused, rolled over and/or accumulated;
- The Reply Quota will not apply in the event you purchase Carousell Coin bundles or Carousell Subscriptions which come with unlimited reply quota for a specified period of time. Unless otherwise notified at the point of purchase and/or allocation, each unlimited Reply Quota shall commence on the date of purchase and shall be valid for such period as stated in the relevant terms and conditions at the point of purchase and/or allocation (the “RQ Validity Period”). In no event shall any user be entitled to more than ninety (90) days of unlimited Reply Quota, and the RQ Validity Period cannot be frozen and/or paused;
- The consumption rate and expiry date set out in your Account shall serve as conclusive evidence of the consumption and expiry date of your Custom Quota and/or Reply Quota (as the case maybe). All Custom Quota and/or Reply Quota shall be deemed expired and will be cancelled immediately and without further notice upon the expiry of the CQ Validity Period and/or RQ Validity Period. Carousell reserves the right to deal with any unused or expired Custom Quota or Reply Quota in such manner as it deems fit in its absolute discretion and may at its discretion from time to time vary the CQ Validity Period and/or RQ Validity Period. You hereby agree that you will have no claim whatsoever against Carousell for any used or expired quotas such as Custom Quota and Reply Quota. For the avoidance of doubt, any such unused or expired quotas is non-extendable, non-refundable and the RQ Validity Period cannot be frozen or paused;
- Carousell reserves the right to correct the balance of your quotas if we believe that an error, including any clerical error, has occurred. Carousell may also, in its discretion, allocate Listing Quotas or Reply Quotas to you at no cost to you (“Free Quotas”), subject to any additional terms and conditions. Carousell reserves the right to withdraw, amend and/or alter any part of or the whole terms and conditions of such Free Quotas, at any time without giving prior notice or compensation in cash or in kind;
- All fees and/or charges paid by you to us for any listing fee, listing quota and listing insertions such as Custom Quota are non-refundable; and
- There will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
6. Carousell is a Venue
The Services provide a venue for users to interact with each other, and to buy and sell items. Carousell does not pre-screen a user or the Content provided by a user, nor is Carousell directly involved in Transactions between users save for Transactions as part of Carousell Certified where Carousell is the seller and Transactions under Sell to Carousell.
Consequently, Carousell has no control over, and you agree that Carousell is not responsible or liable for, any of the following:
- The quality, safety, morality, legality or authenticity of any aspect of the items advertised and/or listed, and for items listed by a Carousell Certified Partner, the authenticity of such items.
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
- The true identity, age, nationality, or behaviour of a user.
- Any Content posted by users.
You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Carousell endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
7. Content
The Services allow users to create listings and/or share, post and/or communicate content, such as photos, videos, comments, data, text, links, product description, product specification and/or other information (“Content”).
You retain ownership rights in the Content which you upload or share on the Services but you grant Carousell a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to Carousell’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as a result of such Content is solely your responsibility.
You are responsible for ensuring that: (a) you have the rights required to copy, process, transmit, access, publish, display and use your Content, and to grant us and other third parties the rights as specified in these Terms; and (b) your Content (and our use of your Content in accordance with these Terms) does not breach any applicable laws or regulations or any third party's rights.
We are not responsible for performing or maintaining a backup of your Content.
You acknowledge that Carousell does not pre-screen Content uploaded by users. Carousell has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Carousell has the right to remove any Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is suspected to be / is in breach of these Terms.
- If Carousell has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
Carousell may also block any Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
8. Selling and Buying on Carousell
In using the Services to create a listing and to offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:
- All items must comply with these Terms and Carousell's policies, which can be found here.
- Our listing policy which is applicable to all categories except Property, Autos, Jobs and Services.
- You must provide a fair, accurate and complete description of each item, including your price for the item.
- Each item, job opening and/or offer of services must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
- All items, job opening and/or offer of services must be listed in the appropriate category. All job listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the Labour Department, including the Employment Ordinance (as may be amended or updated).
- Where a specific attribute (“Specific Attribute”) in your job listing has to be included and where the Special Attribute may be viewed as discriminatory, you shall ensure that the Specific Attribute is a reasonable requirement for the job listed. You must provide the reason for requiring the Specific Attribute in your job listing.
- Any links included in your listing must lead to your personal or corporate website and must not include any links to third party websites.
- All property listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by Estate Agents Authority ("EAA") such as the practice directions, code of ethics and various practice circulars. Please be reminded that every licensed estate agent and registered salesperson must act in accordance with the provisions of the Estate Agents Ordinance, Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation (Practice Regulation) and the guidelines issued by the EAA. It is an offence for any individual to carry out estate agency work or to engage in the business of doing estate agency work in Hong Kong without a valid licence.
You acknowledge and agree that Carousell has no control over any website other than the Carousell website and shall not in any event be responsible or held liable for any expired job listing which appears on any website other than the Carousell website or any expired job listing which is retrieved by any search engine.
Without prejudice to the rest of these Terms and Carousell’s policies, you warrant, in respect of each job opportunity, services and/or item which you offer for sale on the Services (as the case may be), that:
- You are the owner of the item, and the item is not stolen.
- The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government, authority, regulator or manufacturer.
- All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.
- The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
All offers made and accepted through the Services are binding.
If you are a seller who has accepted a buyer’s offer for an item:
- You agree to ship the item or otherwise complete the Transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity.
- You may charge reasonable shipping and handling fees to cover the costs of packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
- You may not alter the item's price after a sale, or misrepresent the item's location and price.
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance if you cannot authenticate the seller’s identity.
In communicating with a user through the Services for the offering of or acceptance of a job listing and/or services or purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Unless you obtain the relevant user's prior permission, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, where Carousell is not involved in a Transaction which is solely between users, Carousell cannot ensure that a user (whether as a buyer or seller) will follow through and complete a Transaction.
9. Buyer Protection
In using the Services to create a listing and to offer an item for sale, a seller may choose to enable the ‘Buy’ button (“Buyer Protection”). Buyer Protection allows you to use the following payment service (“Payment Service”) and shipping service(“Shipping Service”) (collectively “Payment and Shipping Services”) for purchase or sale of items on the Platform. Please note that Buyer Protection does not accept orders exceeding HK$100,000. A Buyer Protection Transaction with an amount that exceeds HK$100,000 will be rejected at the point of submitting the order.
Ensuring users of the Payment and Shipping Services are protected while transacting on the Platform is our top priority. For this reason, additional protection is available to sellers and buyers who transact through Buyer Protection.
The mechanism of the Payment Service is operated as follows:
- The Payment Service is supported by Stripe Payments Europe, Limited or its affiliates ("Stripe").
- An account has been assigned by Stripe to Carousell for the purposes of holding funds on Stripe's platform ("Payment Account").
- If you are a buyer, you may sign up for the Payment Service by providing your credit or debit card information to Stripe via the Platform. Where a signed-up buyer purchases an item covered by Buyer Protection, the relevant payment sums (“Buyer’s Purchase Monies”) will be deducted from the buyer's credit or debit card and transferred to the Payment Account. Buyer’s Purchase Monies will then be held by Carousell in the Payment Account in the capacity of a stakeholder.
- If you are a seller intending to use the Payment Service, you will need to sign up with Stripe in addition to Carousell and you will be assigned an account on the Stripe platform, except to the extent that you already have an existing account (each a "Stripe Account"). As contemplated by Section 15, your use of Stripe is subject to the terms and conditions that you enter into with Stripe when you register with them.
- Subject to the satisfaction of Transaction Conditions (as defined below) or as may be waived by Carousell, once the buyer confirms satisfactory receipt of the purchased item from the seller, Carousell will release the funds (after deducting amounts equal to any return shipping fees, Transaction, Platform Service and/or administration fees that may be charged by Carousell and/or its service providers) "held" in the Payment Account and transfer them to the corresponding Stripe Account.
The seller will then have access to the funds and may instruct Stripe to transfer them to its debit card or bank account (please refer to Clause 10.1 for details).
By using Buyer Protection, you agree to comply with the following:
- To comply with the procedures and rules set out in the guidelines and FAQ.
- If you use Buyer Protection, the procedures and rules set out here apply to you.
- As a seller using Buyer Protection , you agree and acknowledge that for the Transaction to be processed via Buyer Protection, you are required to confirm the deal and schedule a meet up or confirm that the delivery process has started as indicated through the Platform. You agree that unless otherwise stated in our rules, orders that are delivery enabled will be automatically cancelled 6 days after the order has been placed if you have yet to ship the item, and orders that are to be fulfilled by meet-ups will be automatically cancelled 3 days after the order has been placed and no meet-up has been scheduled.
- To raise the dispute through the order details page (as accessible by individual Stripe Accounts) within the dispute window 2 days after in-app delivery status reflects that the item has been delivered, 6 days after the latest estimated delivery date, or before the buyer acknowledges the receipt of the item as per described, whichever comes first).
- To transact on the Platform and ensure that all communications in relation to any Transaction and issues raised are kept within the Platform. Transactions performed outside of the Platform are not covered, and listings or users soliciting for transactions to happen outside of the Platform are subject to removal without notice.
- To not persuade, induce, or attempt to induce users to transact outside of the Platform.
- To not use Buyer Protection in connection with any Prohibited Items. Buyer Protection does not cover Prohibited Items and does not support refunds or returns for Prohibited Items. For more information on the scope of Buyer Protection, refer to this page.
- To transact through tracked delivery. Users are strongly encouraged to always opt for tracked delivery. If you and the user are unable to agree or resolve any disputes in respect of untracked mail and attempts to seek coverage and/or protection under Buyer Protection, you agree that Carousell will attempt in good faith to facilitate resolution of the dispute and reserves the right to deal with such disputes in such manner as it deems fit in its absolute discretion but is under no obligation to provide any recourse to the same.
- As detailed above, to protect against the risk of liability, the Buyer’s Purchase Monies will be held by Carousell in the Payment Account until all the following conditions ("Transaction Conditions") are fulfilled (unless waived by Carousell):
- The buyer sends confirmation to Carousell that the buyer has received the item.
- The order is dispatched and the buyer has not lodged a dispute within the dispute window through the Platform.
- Carousell or its third party service provider (as may be relevant) has successfully verified the identity of the buyer and seller, and/or any beneficial owner of the buyer and seller’s Accounts, as may be required pursuant to applicable laws and regulations.
- The seller has selected its default withdrawal method by providing Carousell with its bank account and/or debit card.
- The conclusion of such other period of time as Carousell reasonably determines as appropriate is to enable a distribution of the Buyer’s Purchase Monies after deducting amounts equal to any return shipping fees, Transaction, Platform/ Service and/or administration fees that may be charged by Carousell and/or its service providers, including, without limitation, where Carousell deems it reasonably necessary in order to comply with applicable law or a court order or to enforce these Terms.
- The following applies to a sale or purchase of event tickets through Buyer Protection:
- Each buyer agrees and acknowledges that such ticket(s) may be from a seller who is not the event organiser, such as other fans, season ticket holders, or professional resellers. In certain circumstances, the ticket(s) may be obtained from unauthorised sources may be lost, stolen, counterfeit, invalid and if so, could be void and not honoured by the event organiser.
- Buyers are strongly encouraged to do their due diligence prior to purchasing the ticket(s).
- Buyer Protection is not intended to and does not at any time guarantee that the ticket(s) will be honoured by the event organiser or is valid.
- Carousell is not responsible nor do we represent, warrant, undertake or promise that any purchase of a ticket on the Platform will grant any buyer or ticket holder access to the event, be honoured and/or not voided by the event organiser.
- We may remove listings that do not comply with the requirements of applicable law or applicable ticket organisers.
- The following applies to cancellation, price adjustment, return or refund of items through Buyer Protection:
- If a purchased item is not delivered to the buyer by the agreed time, either the buyer or seller can cancel the order and Carousell will return the Buyer’s Purchase Monies to the buyer.
- If the seller and buyer agree a price adjustment after the Buyer's Purchase Monies were paid to the Payment Account, and the price is reduced, Carousell will only transfer an amount equal to the adjusted price from the Payment Account to the Seller's Account, with the remaining amount returned to the buyer.
- If Carousell determines that the buyer’s application for a return of goods and/or refund is successful, Carousell will provide a refund to the buyer, subject to and in accordance with the Buyer Protection Refund Policy here.
- If an item under Buyer Protection qualifies for a return on the basis that the item received was not as described, the seller shall arrange the return delivery of the product from the buyer and shall be responsible for bearing the cost of the same.
10. Payment Service
Buyer Protection and Carousell Certified allow a buyer to make payment for purchase of an item listed on the Platform using a credit or debit card the buyer has registered with our Payment Service Provider.
10.1. StripeAccount Balance
All the payments that a seller has received in return for selling items through Buyer Protection and/or Carousell Certified will be accepted through the Seller’s Account and reflected as a balance ("Balance"), after the Transaction Conditions have been met.
The Transaction Conditions include the establishment and verification of information in respect of the following by Carousell and/or its Payment Service Providers, using reliable and independent sources, and retention of reference documents used in such verification:
- where you are representing an Entity, the identities of all directors, partners and persons having executive authority as if such persons were themselves a user;
- your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and
- the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner;
as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.
As a seller using Buyer Protection, you may withdraw the available Balance from the Stripe Account to your linked bank account and/or debit card (“Default Withdrawal Method”) by submitting a withdrawal Balance request (each, a “Withdrawal Balance Request”). Carousell may also automatically transfer (each, an “Automatic Withdrawal”) the available Balance to your Default Withdrawal Method in the event your available Balance exceeds HK$5000 and/or on a regular basis, as determined by Carousell. Such Automatic Withdrawal will occur only on business days and funds may take up to four (4) business days to be credited to your Default Withdrawal Method. In the event of an Automatic Withdrawal, the entire available Balance will be transferred to your Default Withdrawal Method.
If you are a seller, you can read more about how to make a Withdrawal Balance Request in this Help article.
No fees are imposed for a Withdrawal Balance Request and/or Automatic Withdrawal.
You hereby authorise Carousell to instruct the relevant Payment Service Providers to initiate debit or credit entries to your Balance:
- to correct any errors in the processing of any Transaction;
- where Carousell has determined that you have engaged in fraudulent or suspicious activity and/or Transactions, including any prohibited content defined in Clause 16, to provide refunds to buyers;
- in connection with any lost, damaged or incorrect items;
- in connection with any rewards or rebates;
- in connection with any unpaid fees;
- in connection with the settlement of any Transaction dispute, including any compensation due to, or from, you;
- in connection with any return shipping fees due and payable by you;
- in connection with any banned items or items that are detained by customs; and
- in connection with any change of mind agreed to by both buyer and seller.
10.2. Payment Service Providers
In order to provide the Payment Service, you acknowledge that Carousell may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respect Third Party Additional Terms (as defined below). In order to use the Payment Service, you agree to comply with such Third Party Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Third Party Additional Terms.
Information required for Payment Service: In order to use the Payment Service, you must provide Carousell and/or its related corporations with accurate and complete information required for the Payment Service including account information for at least one valid debit or credit card. Carousell and/or its related corporations use such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers including Stripe to process payments and to manage the account information you have provided to us. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Platform.
By providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorise a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
By using a particular payment method, you are agreeing to the terms of service of the relevant Payment Service Providers and your financial institution. You will bear all fees that may be charged by such Payment Service Providers and/or your financial institution (if any) for the selected payment method.
You agree to authorise Carousell and/or its related corporations to process the Payment Service on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 10.2.
11. Shipping Service
Buyer Protection allows a seller to: (i) specify available delivery option(s); and (ii) specify delivery fees for each available delivery option and/or select the applicable delivery fees from the list available on the Platform, through Buyer Protection, for an item listed on the Platform. When a buyer places an order for the item, the buyer shall choose an available delivery option specified by the seller and shall be responsible for paying the stipulated delivery fees for such delivery option. The seller is responsible for ensuring all the information (including delivery fees) specified by the seller using the Shipping Service is correct. The buyer is responsible for ensuring all the information (including address and mobile number) specified by the buyer using the Shipping Service is correct. The seller shall charge only the delivery fees applicable to the delivery method chosen by the buyer in accordance with this section, as stipulated at the time when the buyer places an order.
Sellers are solely responsible for delivering sold items to buyers via the delivery option chosen by the buyer. You acknowledge and agree that Carousell has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by sellers.
Buyers are encouraged to choose a tracked and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows Carousell to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, Carousell is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Service.
11.1. Shipping Service Providers
In order to provide the Shipping Service, you acknowledge that Carousell may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Shipping Service Providers”) into the Platform and that Shipping Service Providers provide its shipping and delivery services subject to their respect Third Party Additional Terms. In order to use the Shipping Service, you agree to comply with such Third Party Additional Terms, as the same may be modified by the Shipping Service Providers from time to time, and other applicable Third Party Additional Terms.
Information required for Shipping Service: In order to use the Shipping Service, you must provide Carousell, its related corporations and/or its Shipping Service Providers with accurate and complete information required for the Shipping Service including delivery information such as address and mobile number of the recipient. Carousell and/or its related corporations use such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers (including S.F. Express (Hong Kong) Limited (“SF”)) to process the delivery and shipment of packages and to manage the delivery information you have provided to us. You may add, delete, and edit the delivery information you have provided from time to time directly through the Platform, provided that no amendments may be made with regards to the order in process, once an order has been confirmed.
By providing the delivery information for a shipment, you represent and warrant, that you are legally authorised to provide such information to us. By using a particular delivery method, you are agreeing to the terms of service of the relevant Shipping Service Provider.
Unless otherwise agreed upon between the buyer and the seller, the buyer will bear all fees (“Shipping Service Provider Fees”) that may be charged by such Shipping Service Provider for the selected delivery method. The seller agrees that the Shipping Provider Fees (if any) applicable to each order (as stipulated during the order detail form) shall be deducted from the payment that is due to the seller from the buyer of the same Transaction. The Shipping Service Provider and/or Carousell is reserves the right to adjust, amend and charge for additional Shipping Service Provider Fees (each, an “Additional Shipping Fee”) in the event of: (a) any late, incomplete or incorrect information required for the Shipping Services; (b) any breaches of the Third Party Additional Terms; (c) any breaches of these Terms, in particular, Clause 14; or (d) a variance or discrepancy in the weight indicated and the actual weight of the shipment.
You agree to authorise Carousell and/or its related corporations to:
- process the Shipping Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 11;
- instruct the relevant Payment Service Providers to freeze and hold the monies in your Balance and withdraw a sum from your Balance up to an amount equivalent to the Additional Shipping Fee so as to reimburse a buyer in connection with a Prohibited Transaction without advance notice to you;
- compel you to pay the Additional Shipping Fee in full to the Shipping Service Provider and/or Carousell (or its related corporations).
12. Transaction Fees
You acknowledge and agree that you may be charged card fees, Platform fees, and/or any other applicable Transaction fees (collectively, the “Transaction Fees”) by Carousell, as follows:
12.1. Buyer Protection Transactions
Buyer (Platform fee): If you are a buyer of a Transaction using Buyer Protection, once your order is accepted by the seller, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from a credit or debit card you register with Carousell. For more information on the Platform Fee charged, kindly refer to the page here.
12.2. Carousell Certfied Transactions
Seller (Platform fee): If you are a seller of a Transaction using Carousell Certified, once you accept the order and commence delivery, the Transaction Fees applicable to such order refers to the success fee / take rate stipulated under your agreement with Carousell to participate as a Certified Partner. This Platform fee shall be deducted from the payment that is due to you from the buyer of the same Transaction.
Carousell reserves the right to amend any Transaction Fees, with at least ten (10) days prior notice to you. We will notify you of the changes by posting a notice on our Services or by email. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.
13. Third Party Additional Terms
If you use any of the Payment and Shipping Services and/or purchase a Carousell Certified item, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Third Party Additional Terms”). You agree to comply with such Third Party Additional Terms including the terms and conditions set out in the Stripe Connected Account Agreement (available at: https://stripe.com/en-hk/legal/connect-account, SF’s Terms of Carriage (available at https://htm.sf-express.com/hk/en/use_clause/waybill_clause.html) may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Third Party Additional Terms.
Such services are operated by third parties, and we are unable to guarantee their quality, reliability or suitability. You will need to direct any questions, complaints or queries you may have regarding such services to the relevant third party operator. We bear no responsibility for your use of such services, or any relationship you may enter into with such third party operators.
14. Prohibited Items
Without prejudice to the generality of Clause 8, you acknowledge and agree that you shall not use the Platforms and Payment and Shipping Services in connection with unlawful or illegal activities such as counterfeiting, money laundering and counter-terrorism financing and any content, business or activities set out in the following policies: https://support.carousell.com/hc/en-us/articles/115008674207-List-of-Prohibited-Content-Hong-Kong Guidelines and https://stripe.com/legal/restricted-businesses (the “Prohibited Transactions”). You understand and agree that all Prohibited Transactions shall be deemed void, and that Carousell and/or its related corporations have the right to take all steps at its sole discretion that Carousell deem as reasonable and/or necessary to ensure that you do not use the Platforms and Payment and Shipping Services in connection with the Prohibited Transactions, including but not limited to the following:
- remove and/or compel you to remove illegal, infringing, unlawful or otherwise any prohibited content without advanced notice to you;
- access, preserve and/or disclose your Account and/or Stripe Account information and content in connection with the Prohibited Transaction to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Carousell;
- instruct the relevant Payment Service Providers to freeze and hold the monies in your Balance if you are suspected of engaging in or found to have engaged in a Prohibited Transaction, until Carousell deems the matter to be resolved;
- instruct the relevant Payment Service Providers to withdraw a sum from your Balance up to an amount equivalent to a Buyer’s Purchase Monies so as to reimburse a buyer in connection with a Prohibited Transaction without advance notice to you;
- compel you to refund the Buyer’s Purchase Monies made in connection with a Prohibited Transaction in full to the buyer and/or Carousell (or its related corporations).
You further agree that you are responsible for all purchases and/or sales using Buyer Protection and/or Carousell Certified under your Account, including Transactions which you did not authorise.
15. Disputed Transactions
If you and/or an user of our Services files a dispute through the Platform in connection with any Transactions made through Buyer Protection and/or Carousell Certified (each, a “Disputed Transaction”) between you and the user, you agree to comply with the procedures set out in the guidelines and FAQ (available for here) (“Carousell Resolution Procedures”).
It is your sole responsibility to familiarise yourself with the Carousell Resolution Procedures and to take the necessary steps within the stipulated timeframes. You agree that any action or inaction on your part shall be deemed as your instructions to Carousell. You agree that you will not hold Carousell liable for any outcome resulting from your action or inaction relating to the Carousell Resolution Procedures.
By submitting or accepting a proposed resolution through the Carousell Resolution Procedures, you acknowledge and agree that your decision is final and binding. You hereby authorise Carousell to proceed with proposed resolution including the transfer of the respective sums (where applicable) based on your instructions. You agree not to hold Carousell liable for any actions taken by us in accordance with your instructions, and you hereby fully indemnify Carousell for any losses, damages, costs, or expenses incurred as a result of or in connection with your instructions under the Carousell Resolution Procedures.
If you and the user are unable to agree or resolve such dispute in accordance with the relevant procedures set out in the Carousell Resolution Procedures, you agree that such dispute shall be finally resolved by Carousell, which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with Carousell’s decisions and instructions in connection with such dispute. You further agree to release Carousell and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed Transaction.
You acknowledge and agree that Carousell and/or its related corporations may, at its sole discretion, instruct the relevant Payment Service Providers to: (i) freeze and hold the money paid in connection with the Disputed Transaction (“Disputed Money”) unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the buyer to return the item bought through the Disputed Transaction (“Disputed Item”) to the seller; (iv) require the seller to refund the Disputed Money to Carousell (or its related corporations) or the buyer; and/or (v) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all Carousell’s instructions in accordance with this Clause 15.
In the event of a Disputed Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, Carousell may, at its sole discretion, instruct the relevant Payment Service Providers to: (a) freeze and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at Carousell's discretion.
16. Carousell Coins
If you choose to purchase Carousell Coins, the following additional terms and conditions as set out in this Clause 16 apply to you. You are advised to read these additional terms and conditions carefully.
16.1. General Terms
- Carousell Limited is the holder of the Carousell Coins in Hong Kong.
- Carousell Coins is a pre-payment method only for the goods and services offered by Carousell Limited and/or its subsidiaries through the website at https://carousell.com.hk, and all related domains and sub-domains, as may be amended or updated by us 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 us from time to time (collectively, the “Platforms”), in Hong Kong. Carousell reserves the right to:
- limit the use of any Carousell Coins; and/or
- reject your request to purchase Carousell Coins,
if we reasonably believe that the use is in breach of these Terms, unauthorised, fraudulent or otherwise unlawful. Without limiting the foregoing, Carousell shall have such rights in any of the following events: (a) the aggregate amount of stored value held by Carousell Coins, directly or indirectly, alone or together with any person over whom Carousell has control or influence, to exceed HK$150 million; or (b) the amount of Carousell Coins held by you equals to or exceeds HK$5,000, notwithstanding Clause 16.3 below.
- Carousell Coins can only be used in the jurisdiction in which they were purchased in (i.e. Carousell Coins purchased in Hong Kong can only be used in Hong Kong).
- The validity period of Carousell Coins is as follows:
- Carousell Coins purchased as part of a monthly CarouBiz package are valid for three (3) months from the date of purchase;
- Carousell Coins purchased as part of a Coins Bundle with a value of less than HK$198 are valid for three (3) months from the date of purchase; or
- In all other instances, the Carousell Coins are valid for between three (3) months and one (1) year from the date of their purchase, subject to the relevant terms and conditions at the point of purchase and/or allocation,
whichever is applicable (the “CC Validity Period”). The expiry date set out in your Account shall serve as conclusive evidence of the expiry date of your Carousell Coins. Thereafter, the Carousell Coins shall be deemed expired and will be cancelled immediately and without further notice. Carousell reserves the right to deal with the expired Carousell Coins in such manner as it deems fit in its absolute discretion and may at its discretion from time to time vary the CC Validity Period. You hereby agree that you will have no claim whatsoever against Carousell for any expired Carousell Coins. For the avoidance of doubt, any such expired Carousell Coins are non-refundable.
- Carousell Coins may not be re-sold and unless required by law, are non-refundable, non-transferrable and may not be exchanged and/or redeemed for cash or credit balance or transferred for value under any circumstances. For the avoidance of doubt, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
- Carousell reserves the right to correct the balance of your Carousell Coins if we believe that an error, including any clerical error, has occurred. Carousell may also, in its discretion, allocate Carousell Coins to you at no cost to you (“Free Carousell Coins”), subject to any additional terms and conditions. Carousell reserves the right to withdraw, amend and/or alter any part of or the whole terms and conditions of such Free Carousell Coins, at any time without giving prior notice or compensation in cash or in kind.
- You are responsible for all purchases using your Carousell Coins, including unauthorised Transactions.
- Notwithstanding Clause 16.3 below, the maximum amount of Carousell Coins that you can hold at any given time is HK$5,000.
16.2. Purchase of Carousell Coins
You may purchase Carousell Coins by using a credit card, debit card, or by way of telegraphic or other electronic means of transfer. You may also purchase Carousell Coins through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
By selecting a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method. Any personal data which you provide to us in respect of the purchase of Carousell Coins will be held in accordance with Carousell’s Privacy Policy and by proceeding with the purchase, you are hereby agreeing to this arrangement. In addition, we have no control over the content and privacy practices of such sites or resources. You are advised to review the privacy policies of these sites and resources operated by third parties and understand how your information may be used by those third parties.
16.3. Carousell Coins of more than HK$5,000
Your Account is not available to contain stored value of more than HK$5,000, unless expressly permitted by Carousell and subject to the terms and conditions as provided in this Clause 16.3.
You acknowledge and agree that Carousell shall have the right (but not the obligation) to permit you to hold stored value of more than HK$5,000 in your Account provided that Carousell (or where applicable, any third parties appointed by Carousell for the purposes thereof) shall:
- perform and you shall co-operate and assist in the performance of, the due diligence exercise to be carried out on you, pursuant to the requirements of any applicable law or regulation and/or any regulatory authority, including without limitation, the establishment and verification of information in respect of the following, using reliable and independent sources, and retention of reference documents used in such verification:
- where you are representing an Entity, the identities of all directors, partners and persons having executive authority as if such persons were themselves a user;
- your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and
- the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner;
- upon each request for a purchase, top-up and/or redemption of Carousell Coins (“Carousell Coin Transaction”), review earlier Carousell Coin Transactions to ensure that the current Carousell Coin Transaction is consistent with such earlier Carousell Coin Transactions, with special attention to unusual, complex or unusually large Carousell Coin Transactions; and
- maintain records of all information identifying you, your account information, business correspondence, and information needed to explain and reconstruct any Carousell Coin Transaction relating to your Account for a period of at least six (6) years following termination of your Account or such time period as required by law;
You can read more about Carousell Coins in this Help article.
17. Disputes with users
Without prejudice to Clause 15, if you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Carousell, Carousell will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You agree to release Carousell and to indemnify and hold Carousell harmless from and against any claims, demands, liabilities and/or damage arising out of or in connection with your disputes with users of our Services.
18. Privacy
18.1. Privacy policy
Your privacy is very important to us at Carousell and we have provided the Carousell Privacy Policy, which can be found here, to explain our privacy practices. Please review the Privacy Policy to understand how Carousell collects, uses and discloses information collected and received from you.
18.2. Posession of Disclosing Party's personal data
If you come in possession of another user's (the "Disclosing Party") personal data through the use of the Services, you hereby agree that you will:
- collect, use, process and/or disclose the personal data for the purposes in which it was provided for, in compliance with all applicable personal data protection laws with respect to any such data, and in a manner that does not cause Carousell to be in breach of its obligations under personal data protection laws;
- not transfer the personal data to a place outside the country of collection without the Disclosing Party’s prior written consent. If the Disclosing Party provides consent, the personal data transferred outside of Hong Kong must be protected at a standard that is comparable to that under the Personal Data (Privacy) Ordinance (Cap. 486). If you transfer personal data to any third party overseas, you shall procure that such third party undertakes to adhere to the same;
- protect the personal data in your control or possession by making reasonable security arrangements (including, where appropriate, physical, administrative, procedural and information & communications technology measures) to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of personal data, or other similar risks;
- put in place adequate measures to ensure that the personal data in your possession or control remains or is otherwise accurate and complete. In any case, you shall take steps to correct any errors in the personal data, as soon as practicable upon the Disclosing Party’s written request;
- allow the Disclosing Party to review what information have been collected by you; and
- upon the request of the Disclosing Party: (a) return to the Disclosing Party, all personal data; or (b) delete all personal data in your possession, and, after returning or deleting all personal data, provide the Disclosing Party with written confirmation that it no longer possesses any personal data. Where applicable, you shall also instruct all third parties to whom it has disclosed personal data for the agreed purposes to return to the Disclosing Party or delete, such personal data,
in each case, in compliance with and where required by applicable laws.
19. Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Carousell. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organisation of the Services are the intellectual property and proprietary and confidential information of Carousell. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Carousell.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licences applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by Carousell to use Carousell’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Carousell, which may be withheld for any or no reason.
The Services include any APIs we make available to you for use in connection with the Services. You must comply with any terms that apply to such APIs.
The software for our Services may contain software that is subject to open source software licence terms (the "Open Source Software"). Where we use such Open Source Software, you acknowledge and agree that: (a) certain provisions in the Open Source Software's licence may prevail over these Terms to the extent of any conflict; and (b) we will credit the relevant Open Source Software that we use within the relevant software for our Services.
In order for us to provide the Services to you, the software for our Services may require access to and/or use of your relevant device that you use to access the Services, e.g. the mobile app for our Services may ask for certain usage rights to your device (in accordance with the relevant mobile operating system's processes for such usage rights), or we may need to access your contact list for certain functions within the Services.
You acknowledge that if you do not grant such access / usage rights to your device, we may not be able to provide you with the Services.
Any personal information that we access/ use within your device will be handled in accordance with these Terms (including the Privacy Policy).
20. Reporting Unauthorised Content
Carousell respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps provided here to report the same to us.
Carousell reserves the right to suspend or terminate your Account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement and/or incompliance with other applicable rules, laws and/or regulations.
21. Suspension and Termination
You may deactivate (see here) or delete (see here) your Account at any time, in accordance with the instructions.
Carousell reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services (in whole or in part) at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
- Suspend or terminate your Account and/or your access to the Services (in whole or in part) at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
- Suspend or terminate your Account and/or your access to the Services (in whole or in part) at any time, in the event of any act, threats of, verbal and/or written abuse against any Carousell user, Carousell employees, representatives and/or officer.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease, and you will remain responsible for all fees accrued through the date of termination (including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date).
22. No Warranty
Subject to applicable laws, you acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion. Carousell does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Carousell’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Carousell is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from Carousell or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Carousell has no obligation to support or maintain the Services.
Carousell disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Carousell is not responsible or liable in any manner for the third party content and services associated with or utilised in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Carousell does not accept any responsibility in connection with your participation in activities conducted by any other party.
Carousell does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Carousell and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
23. Limitation of Liability
In no event shall Carousell or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the services, whether or not the damages were foreseeable and whether or not Carousell was advised of the possibility of such damages.
Without limiting the generality of the foregoing, Carousell's aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the higher of: (1) the amount of fees received by Carousell in the 12 months immediately preceding the claim, in respect of the Services to which the claim relates, and (2) HKD5 dollars.
Nothing in these Terms shall apply to or in any way limit or exclude Carousell’s liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or (c) liability which may not otherwise be limited or excluded under any applicable laws and regulations.
If you have entered into separate terms with Carousell in respect of the Services, and those terms are expressly stated to take precedence, then such other terms shall prevail in respect of the limitation of liability.
24. Indemnity
You will indemnify and hold harmless Carousell, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content and/or products; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any legal or statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
If any person (“Complainant”) files a complaint with Carousell in relation to any products and/or the Content listed, made available, displayed, offered for sale and/or sold on the Platform and requests Carousell to take action against a user of our Services, the Complainant agrees to hold Carousell harmless and to fully indemnify Carousell against any and all liabilities, losses, costs (including but not limited to legal costs), expenses and damages of any nature whatsoever incurred or suffered by any of them as a result of or however arising from any actions that Carousell may take in reliance of or as result of such complaint filed by the Complainant. The Complainant further agrees not to take any legal action or make any claim, complaints or demand against Carousell in relation to such complaint.
25. Sub-contracting by Carousell
Carousell reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Carousell deems appropriate.
26. Miscellaneous
You and Carousell are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Carousell to exercise a right or require performance of an obligation in these Terms shall not affect Carousell’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
We may freely assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Carousell and supersedes all prior or contemporaneous understandings and/or agreements between you and Carousell.
No person other than you or us will have any right to enforce these Terms, whether pursuant to the Contracts (Rights of Third Parties) Ordinance or otherwise,
27. Governing Law and Jurisdication
You hereby agree that the laws of Hong Kong shall govern these Terms and that the courts of Hong Kong shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
28. Language
These Terms are set forth in Chinese and English; in the event of any inconsistency there-between, the English version shall prevail.
Last updated on 29 July 2024