Standard Terms for CarouBiz
This standard terms and conditions (the “Terms”) for Carousell for business subscriptions (“CarouBiz Subscriptions”), shall govern your access and use of the additional features on the website, mobile applications and services (collectively, the “CarouBiz Services”) provided by Carousell (as defined below). Such CarouBiz Services may be provided via a subscription service on or via any of the Carousell mobile applications and/or website, including all its features and content and the services that Carousell makes available on or through them, and any and all updates, upgrades, supplements, enhancements and releases thereto as may be provided by us from time to time (the “Platforms”) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
These Terms applies to all users of the CarouBiz Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in these Terms shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
By using the CarouBiz Services in any manner, including but not limited to visiting or browsing the CarouBiz Services, you agree to observe and be bound by these Terms, the Carousell terms of service and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
Carousell reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the CarouBiz Services following the date on which the amended Terms are posted here. New features that we add to our CarouBiz Services are subject to these Terms.
If a modification materially reduces your rights, we will notify you of such material changes (by, for example, a text message, email to the contact details associated with your account; or on our Platforms). If you do not agree to such modification, you may terminate your use of our CarouBiz Services or request us to terminate the provision of our CarouBiz Services to you. By continuing to use our CarouBiz Services after the modification comes into effect, you are agreeing to be bound by the modified Terms.
If you have any questions, please contact our Support team here.
1. Use of CarouBiz Services
1.1. Subject to your compliance with these Terms, Carousell grants you a non-exclusive, non-transferable, non-assignable, worldwide, limited license to use our CarouBiz Services that you have ordered and paid for solely for your own internal business purposes only in accordance with these Terms for the Term (as defined below), unless earlier terminated. All rights not expressly granted to you in these Terms are reserved by Carousell and its licensors.
1.2. You shall use the CarouBiz Services in accordance with these Terms and shall not:
1.2.1. use our CarouBiz Services documentation and the applicable CarouBiz Services documentation (such as the seller’s insights report) for any purpose other than in connection with your use of our CarouBiz Services and your internal business purposes;
1.2.2. violate any applicable laws, rules or regulations in connection with your access or use of the CarouBiz Services;
1.2.3. use the CarouBiz 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 CarouBiz Services or any services, products or software offered by Carousell;
1.2.4. use the CarouBiz Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters;
1.2.5. use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the CarouBiz Services, or any data or content found or access through the CarouBiz Services;
1.2.6. collect any information in respect of users of the Platforms without their consent; and
1.2.7. commit any act to avoid paying any applicable fees and/or charges; and
1.2.8. authorise or encourage anyone to do any of the foregoing.
1.3. please also take the time to read the additional terms and conditions, as set out in Clause 11 of Carousell’s terms of service that will apply when you choose to purchase Carousell Coins which may be used to pay for certain services.
2.1. The CarouBiz Services allow you to create listings and share and customise content, such as photos, videos, comments, data, text and other information (“Content”).
2.3. You further acknowledge that Carousell does not pre-screen Content uploaded by users. Carousell shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the CarouBiz Services. Without limiting the foregoing, Carousell shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content 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 Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the CarouBiz Services as part of efforts to protect the CarouBiz Services or users, or to otherwise enforce these Terms.
3. Intellectual Property
You acknowledge and agree that the CarouBiz 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 CarouBiz Services and the format, directories, queries, algorithms, structure and organization 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 CarouBiz Services not expressly granted in these Terms and such rights are hereby reserved and retained by Carousell.
4. Fees and Payment
4.1. Your CarouBiz Subscriptions will continue and be renewed automatically on a monthly/yearly basis after the first month/year (as the case may be) until you expressly instruct us that you wish to terminate your relevant CarouBiz Subscriptions at any time through the “Settings” section of your Account, but before the expiration of the applicable then current subscription period. The termination will take effect in the following cycle of your CarouBiz Subscriptions. Unless otherwise stated by Carousell, any renewal of your CarouBiz Subscriptions will be on the then prevailing subscription terms thereof.
4.2. You acknowledge and agree that 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 CarouBiz Subscriptions will automatically be suspended and/or terminated if payments are not received within ten (10) days from the due date.
4.3. In the event that any fee for any CarouBiz Service and/or CarouBiz Subscriptions is stated erroneously on the Platform or otherwise, as determined in the discretion of Carousell, Carousell:
4.3.1. is not obliged to provide the CarouBiz Service and/orCarouBizs Subscriptions to you at the erroneous fee; and
4.3.2. shall be entitled to rectify such error by giving you notice of the error and of the correct fee,
if you do not agree to make payment of the correct fee after being notified, you may terminate theCarouBiz Service and/orCarouBiz Subscriptions and Carousell shall refund any fees paid by you to Carousell on a pro-rated basis for the remaining and unexpired portion of the Term for such CarouBiz Service and/or CarouBiz Subscriptions, as your sole remedy;
4.4. Subject to Clause 4.3 above, all subscription fees and/or other fees and charges (“Carousell Fees”) paid by you to us with respect to your CarouBiz Subscriptions or otherwise for your access to and use of the CarouBiz Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Carousell Fees in the event that: (i) your Carousell account (“Account”) is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with Carousell’s Terms of Service.
4.5. 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, your CarouBiz Subscriptions and/or your access to the CarouBiz 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.
4.6. In the event your Account is suspended or terminated for any reason, all 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 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.
4.7. You are responsible for collecting and paying any taxes associated with using and making sales through the CarouBiz 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.
4.8. By submitting credit card and/or other payment details to Carousell, you warrant that you are entitled to purchase the CarouBiz Subscriptions using those payment details. In the case of unauthorised payments, Carousell reserves the right to suspend or terminate your access to the CarouBiz Subscriptions and/or CarouBiz Services. If Carousell does not receive payment authorisation or any authorisation is subsequently cancelled, Carousell may immediately terminate or suspend your access to the relevant CarouBiz Subscriptions and/or CarouBiz Services.
5. Service Levels
5.1. We will make commercially reasonable efforts to keep our CarouBiz Services operational 24 hours a day and seven days a week, except for planned downtime for (i) maintenance, upgrades and updates for which we will use commercially reasonable efforts to provide at least 24 hours prior notice; or (ii) for unplanned downtime caused by any circumstances beyond our control, including acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, strikes or other labor problems, failures in computers, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks.
5.2. Carousell reserves the right to amend, suspend and/or terminate all or any part of any CarouBiz Subscriptions, the types of features or services offered on, the subscription period and rates for such CarouBiz Subscriptions, with at least ten (10) days prior notice to you.
5.3. In the event that Carousell amends, terminates or withdraws the operation of any CarouBiz Services and/or CarouBiz Subscriptions, Carousell may at its option (but is not obliged to) refund any fees paid by you to Carousell, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant service and/or CarouBiz Subscriptions or provide any equivalent or equal value alternative, which shall be deemed full satisfaction of the said service and obligation as originally contemplated. If any such termination / withdrawal materially reduces your rights, we will notify you of such material changes (by, for example, a text message, email to the contact details associated with your account; or on our Platforms). If you do not agree to such amendment, termination or withdrawal, you may terminate your use of our CarouBiz Services or request us to terminate the provision of our CarouBiz Services to you. By continuing to use our CarouBiz Services after the amendment, termination or withdrawal comes into effect, you are agreeing to accept such amendment, termination or withdrawal.
6. No warranty
6.1. You acknowledge and agree that the CarouBiz Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the CarouBiz Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
6.2. Despite our efforts, our CarouBiz Services or any functionality may from time to time encounter technical or other problems and may not continue uninterrupted. Carousell does not represent or warrant that: (a) the use of the CarouBiz 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 CarouBiz Services will meet your requirements or expectations; (c) errors or defects in the CarouBiz Services will be corrected; or (d) the CarouBiz Services and Carousell’s servers are free of viruses or other harmful components.
6.3. The CarouBiz 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.
6.4. 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.
6.5. 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 CarouBiz Services.
8.1. Carousell reserves the right to restrict, suspend or terminate your CarouBiz Subscriptions you breach any of these Terms, with or without notice and without further obligation or liability to you.
8.2. In the event of any dispute over any difference or inconsistency between these Terms and the Carousell terms of service, in relation to your CarouBiz Subscriptions, these Terms will prevail.
8.3. The contracting entities are set out below:
8.3.1. Singapore. If you are accessing the CarouBiz Services from Singapore, these Terms are between you and Carousell Pte Ltd.
8.3.2. If you are accessing the CarouBiz Services from Hong Kong, these Terms are between you and Carousell Limited.
8.3.3. If you are accessing the CarouBiz Services from Malaysia, these Terms are between you and Mudah.my Sdn Bhd [200701024583 (782603-V)] - A Carousell group company.
8.3.4 If you are accessing the CarouBiz Services from the Philippines, these Terms are between you and Carousell-Ph, Inc.
8.4. You hereby agree that the laws of the Republic of Singapore shall govern these Terms hereby submits to the non-exclusive jurisdiction of the courts of Singapore in relation to any disputes arising out of or in connection with these Terms or its subject matter.