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 third party vendor(s) (each, a “Vendor”).
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 and , 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.
“Dealers” has the meaning ascribed to it in Clause 2.1.2 below
“Inspection Report” means the report (as may be updated and/or modified from time to time) generated by a Vendor regarding the details and condition of the Inspected Vehicle.
“Inspection Services” has the meaning ascribed to it in Clause 2 below.
“PDPA” means the Personal Data Protection Act 2012 of Singapore and all subsidiary legislation issued pursuant thereto and all applicable laws on personal data protection laws.
“Personal Data” has the meaning ascribed to it in the PDPA.
“Services” means the Inspection Services and the Warranty Services (as the case may be).
“Vehicle” or “Inspected Vehicle” means the vehicle named and identified in the Inspection Report.
“Warranty Services” has the meaning ascribed to it in Clause 2.2 below.
2. Description of Carousell Inspected Services and Warranty Services
2.1. Carousell may provide the Carousell Inspected Services (“Inspection Services”), through our Vendors, in any of the following ways:
2.1.1. at your request and where available, conduct a visual inspection of the Vehicle, to allow you to have a better understanding of the current condition of the Vehicle before purchase. Such Inspection Services under this Clause 2.1.1, may be subject to a fee to be solely determined by Carousell’s Vendor, and to be paid directly by you to the Vendor prior to the release of the Inspection Report.
2.1.2. at the request of our authorised dealers (“Dealers”) on the Carousell Platform, conduct a visual inspection of the Vehicle, issue an Inspection Report, to allow you to have a better understanding of the current condition of the Inspected Vehicle before purchase. All Inspected Vehicles will have an “Inspected” (or such other name as may be determined by Carousell) badge and Inspection Report attached to the relevant listing. There will not be any additional fees payable by you for the Inspection Services under this Clause 2.1.2.
2.2. Subject to the eligibility of the Inspected Vehicles, Carousell may provide an avenue for you to purchase certain warranty services (“Warranty Services”), through our Vendors. Inspected Vehicles eligible to Warranty Services will be indicated with a “Eligible for Warranty” (or such other name as may be determined by Carousell) badge. No fees will be imposed by Carousell for any Warranty Services but such Warranty Services may be subject to the Vendor’s terms and conditions to which you must agree to before purchasing the Warranty Services and a fee to be solely determined by Carousell’s Vendor, and may be included as part of the purchase price of the Inspected Vehicle or to be paid directly by you to the Vendor.
2.3. Notwithstanding anything to the contrary herein, Carousell reserves the right to amend and/or impose any rates and/or fees for any Inspection Services and/or Warranty Services obtained through us, 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.
3. No warranty
3.1. Unless otherwise stated in these Terms, the Inspection Report 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 Vendor of any guarantee, assurance, representations in relation to the condition and state of the Vehicle. In no case shall the Inspection Report be considered a part of the terms and conditions of the sale of the Vehicle or Inspected Vehicle.
3.2. The information and/or results presented in the Inspection Report shall only be applicable at the time of inspection. For the avoidance of doubt, Carousell 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 expressly disclaims all liability with respect to the above.
3.3. Carousell and its Vendor expressly disclaim the accuracy or completeness of any and all information provided to you regarding each Vehicle and Inspected Vehicle, 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, the Inspection Report and inspection carried out by its Vendor(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.
4. Suspension and Termination
4.1. Carousell reserves the right to, at its sole discretion, and without liability:
1. Suspend or terminate your Carousell account (“Account”) and/or your access to the Services at any time, for any reason, and without advance notice.
2. 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.
3. Suspend or terminate your Account and/or your access to the Services at any time due to a breach of these Terms.
4. remove all endorsements given to any Dealer in relation to the badges and Inspection Report on the Carousell Platform and Carousell shall not be liable in any way to you for any indirect or consequential losses, loss of profits or loss of business suffered by you arising out of or in consequence of such removal.
4.2. Having an “Inspected” badge and Inspection Report does not provide complete assurance that transacting with the user or Dealer is safe. You are advised to protect yourself by following our safety tips and using Carousell Protection (where applicable).
5. 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, THE INSPECTION SERVICES, WARRANTY 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 YOU OR CAROUSELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3. Carousell is not responsible for and does not participate, operate and/or control the Inspection Services and Warranty Services offered by the Vendors. Carousell shall not be held responsible and/or liable for the quality, merchantability or the fitness for any purpose or any other aspect of the any services offered by the the Vendor and Carousell shall not at any time be responsible or held liable for any loss, injury, damage or harm suffered by or in connection with: (a) the goods and services provided by the Vendor; and (b) the Inspection Services and Warranty Services provided by the Vendor. All disputes about quality or performance of the product and/or services provided by the Vendor shall be resolved directly between the Vendor and you. In addition, (where applicable) each Vendor may have its own terms and conditions to which you must agree to before participating in the Program. All policies and terms of the Vendor will apply to you while on any specific Vendor owned or operated sites. Carousell is not responsible for information provided by the Vendor.
5.4. 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.
6. 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.
7. 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 the 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 Vendors, partners/affiliates, and/or other third party service providers that Carousell may engage from time to time, for the purposes of:
7.3.1. sending you Carousell newsletters, marketing and/or promotional materials on the latest products and services of Carousell or carefully selected third parties;
7.3.2. research and analysis;
7.3.3. the provision of the Services; and
7.3.4. sending you occasional updates for special promotions, events and related activities organised or co-organised by Carousell.
8.1. Carousell and each of its Vendors 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 Vendor 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, Inspection Reports, Services, Inspected Vehicles 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 these Terms 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.