These terms and conditions (“Terms”) are between you and Carousell Pte Ltd. and its directors, officers and employees (collectively, “Representatives” and each a “Representative”). For ease of reference, each of Carousell Pte Ltd and its Representatives are referred to in these Terms as “Carousell”. These Terms shall govern the relationship between Carousell (“Carousell”) and you in relation to the payment on delivery services offered by Carousell.
Capitalised terms used but not defined herein, shall have the respective meanings given to them in the CE Terms.
If you are using the POD 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:
“Buyer” means a Carousell User who has purchased the Product(s) listed by you on the Carousell Platform for the Purchase Price.
“Carousell Platform” means the mobile application and website maintained by Carousell in respect to the Territory 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.
“Carousell User” means the individual and/or Entity who is a user on the Carousell Platform.
“Delivery Agent” shall mean an individual appointed by Carousell to be in charge of picking up and delivering the Product(s) and collecting payment of the Purchase Price from the Buyer.
“Purchase Price” means the price of the Product(s) listed by you and accepted by the Carousell User, inclusive of the Shipping Fee (as defined in clause 3 below).
“Territory” shall mean Singapore.
- Description of Services
Carousell shall act as your agent, solely to deliver the Product(s), collect payment of the Purchase Price from the Buyer during the delivery process and conclude the sale of the Product(s) (“POD Services”).
In the event the Product(s) are refused by the Buyer due to damaged or defective products, wrong product types and/or disputes in delivery collectable amount, the Product(s) will be returned to you at your sole cost.
You agree to pay the Delivery Agent a shipping fee of Singapore fifteen dollars, S$15 (inclusive of the applicable goods and services tax (“GST”)) for each delivery (“Shipping Fee”). You shall make payment of the Shipping Fee by cash, bank transfer or electronic funds transfer service to the Delivery Agent immediately upon collection of the Product(s) for delivery.
In addition, you agree that you shall pay to Carousell 4% of the Purchase Price for each payment on delivery service (“POD Service Fee”). The POD Service Fee is inclusive of GST. You acknowledge and agree that the POD Service Fee shall be automatically deducted from the Purchase Price collected by Carousell. Carousell will transfer 96% of the Purchase Price to the bank account provided by you within the next business day.
All payments to Carousell by you shall be made without set-off, counterclaim or deduction of any kind.
4.1. You acknowledge and agree that the POD Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the POD Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
4.2 You further acknowledge and agree that you and/or your authorised representatives will execute the Carousell prescribed acknowledgement form upon collection of each Product. Save for any damages during transit, the Product(s) are collected as disclosed and Carousell will not be liable for any loss / damages.
4.2. 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.
4.3. 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 Product(s) offered by the you 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 the Product(s) provided and/or sold by you. All disputes about quality or performance of the Product(s) shall be resolved directly between you and the Buyer and you shall accept any returns Carousell processes for you and/or the Buyer.
4.4 Carousell shall not be liable in the event of late delivery or non-delivery of Products(s) by reason of erroneous delivery details provided by the Buyer or you.
4.5 You represent and warrant that you are duly authorised by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details and delivery address) to Carousell. You represent and warrant that you comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition: (a) non-compliant with or prohibited by any applicable laws or regulations; (b) dangerous; (c) easily experience degradation of quality; (d) flammable; (e) contain explosives; (f) corrosive; (g) contain radioactive substances; and/or (h) regulated by other relevant authorities.
- Suspension and Termination
5.1. Carousell reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your access to the POD 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 POD Services at any time, for any reason, and without advance notice.
- Suspend or terminate your access to the POD Services at any time due to a breach of these Terms.
- Limitation of Liability
6.1. YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE POD SERVICES IS TO REQUEST FOR TERMINATION OF THE POD SERVICES AND/OR DISCONTINUE ANY USE OF THE POD SERVICES.
6.2. 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 POD 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 POD SERVICES INCLUDING WITHOUT LIMITATION DELIVERY FAILURES DUE TO UNFORESEEN CIRCUMSTANCES, DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE POD SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CAROUSELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3. 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 gross negligence; or (b) 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 POD Services as Carousell deems appropriate.
- Personal Data
8.1. 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).
8.2. 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:
8.2.1. to facilitate, process, confirm and/or provide updates or notifications in relation to the POD Services;
8.2.2. to process or resolve any dispute arising from or in connection with any transactions, in accordance with these Terms;
8.2.3. to provide the POD Services;
8.2.4. to develop, operate, improve, deliver and maintain the POD Services;
8.2.5. to be contacted via electronic mail, text message and voice call to receive information in relation the POD services; and
9.1 You do not have authority to contract or make any representations, undertakings or warranties on behalf of Carousell.
9.2. 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.
9.3. 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.
9.4. A person who is not a party to this Agreement shall have no right to enforce any of these Terms.
9.5. 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.