TERMS AND CONDITIONS FOR CAROUSELL INSPECTED
These terms and conditions (“Terms”) are between you and Carousell Pte Ltd. For ease of reference, each of Carousell Pte Ltd and its subsidiaries are referred to in these Terms as “Carousell”. These Terms shall govern your use of the Services (as defined below) provided by Carousell and/or its authorised partner(s) (each, a “Partner”).
If you are using the Services for and on behalf of a registered business entity (“Entity”), the term “you” in this agreement shall mean the said Entity, unless the context does not otherwise permit.
Unless the context otherwise requires and save as specifically defined, the words and expressions contained herein shall have the following meanings:
“Carousell Platform” means the mobile application and website maintained by Carousell and accessible on the world wide web at https://sg.carousell.com/, and 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, and any other website that Carousell maintains to provide the same and/or similar Services.
“PDPA” means the Personal Data Protection Act 2012 of Singapore and all subsidiary legislation issued pursuant thereto.
“Personal Data” has the meaning ascribed to it in the PDPA.
“Vehicle” means the vehicle named and identified in the Checklist.
- Description of Carousell Inspected Services
At your request and where available, Carousell’s Partner shall conduct a visual inspection of the Vehicle, in accordance with the prescribed pre-purchase inspection checklist (“Checklist”), to allow you to have a better understanding of the current condition of the Vehicle before purchase (“Services”). Such Services may be subject to a fee to be solely determined by Carousell’s Partner, and to be paid directly by you to the Partner prior to the release of the completed Checklist.
- No warranty
3.1. The Checklist is provided on an “as is, where is” evaluation and informational purpose only, without warranty of any kind (either express or implied), including but not limited to implied warranties of merchantability and/or fitness for a specific or general purpose. It is not to be regarded as the provision by Carousell and/or its Partner of any guarantee, assurance, representations in relation to the condition and state of the Vehicle. In no case shall the Checklist be considered a part of the terms and conditions of the sale of the Vehicle.
3.2. The inspection shall be carried out in accordance with the Checklist and the information and/or results presented in the Checklist shall only be applicable at the time of inspection. For the avoidance of doubt, Carousell and its Partner shall not be responsible for exclusions of any defects and/or deterioration of the condition of the state of the Vehicle that may presently exist or that may occur. Carousell and its Partner disclaim all liability with respect to the above.
3.3. Carousell and its Partner expressly disclaim the accuracy or completeness of any and all information provided to you regarding Vehicle(s), whether provided in written, verbal, or digital image form (“Vehicle Information”). No advice or information, whether oral or written, obtained by you from Carousell or from the Services shall create any representation, warranty or guarantee.
3.4. 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/or the Vehicle Information and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
3.5. 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.
3.6. Carousell disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Checklist and inspection carried out by its Partner(s), Vehicle Information 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 utilized in connection with the Services, including the failure of such third party content and services.
- Suspension and Termination
4.1. Carousell reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Carousell account (“Account”) and/or your access to the Services 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 at any time due to a breach of these Terms.
- Limitation of Liability
5.1. YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
5.2. 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 CAROUSELL 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.
5.3. 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.
- 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.
- Personal Data
7.1. You expressly agree that Carousell may, if and to the extent necessary to comply with applicable law, disclose information regarding you and regarding transactions conducted by you through the Carousell Platform if requested to do so in any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand, or otherwise).
7.2. You consent to and (where relevant) shall procure that all relevant individuals whose Personal Data has been disclosed to Carousell by or through you, consent to Carousell’s collection, use and disclosure of the relevant party’s Personal Data for the following purposes:
7.2.1. to facilitate, process, confirm and/or provide updates or notifications in relation to the Services;
7.2.2. to process or resolve any dispute arising from or in connection with any transactions, in accordance with these Terms;
7.2.3. to provide our Services;
7.2.4. to develop, operate, improve, deliver and maintain our Services;
7.2.5. to be contacted via electronic mail, text message and voice call to receive information in relation the Vehicles sent for inspection; and
7.3 You further agree that Carousell may collect, use and/or disclose your personal data to its partners/affiliates, and/or other third party service providers that Carousell may engage from time to time, for the purposes of:
- sending you Carousell newsletters, marketing and/or promotional materials on the latest products and services of Carousell or carefully selected third parties;
- research and analysis; and
- sending you occasional updates for special promotions, events and related activities organised or co-organised by Carousell.
8.1. Carousell and each of its Partners are independent contractors, and nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture or relationship of agency, employer and employee between the parties.
8.2 Each Partner does not have authority to contract or make any representations, undertakings or warranties on behalf of Carousell.
8.3. You acknowledge that you have not relied on any representation made to you by Carousell, its employees or agents in relation to the Checklist, Services and/or Vehicles.
8.4. 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.
8.5. 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.
8.6. A person who is not a party to this Agreement shall have no right to enforce any of these Terms.
8.7. You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.