[Singapore] Master Terms and Conditions for Rental +
MASTER TERMS AND CONDITIONS FOR RENTAL+
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 Rental+ services (“Rental+ Services”) offered through the Carousell Platform.
Capitalised terms used but not defined herein, shall have the respective meanings given to them in our standard terms and conditions (“TOS”). By using the Rental+ Services (as a Landlord or a Tenant), you will be deemed to have accepted these Terms, the TOS and Carousell’s Privacy Policy, which are incorporated into these Terms by reference.
Carousell reserves the right to unilaterally change or modify these Terms at any time without notice or liability to any party.
If you are using the Rental+ 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.
1. |
Definitions |
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 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. |
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“Carousell User” means the individual and/or Entity who is a user on the Carousell Platform. | |
“Monthly Rental Fee” means the monthly rental payable for the Room as accepted by the Tenant and as set out in the Tenancy Agreement. | |
“Property” refers to the residential property legally owned by the Landlord and referred to in the Tenancy Agreement. |
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“Room” refers to the room located within the Property that is being rented out via the Tenancy Agreement. | |
“Tenant” means a Carousell User who has agreed to rent a room of the property listed by the Landlord on the Carousell Platform for the Monthly Rental Fee. |
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“Tenancy Agreement” means the agreement in respect of the Room rental arranged through the Carousell Platform and between a Tenant and a Landlord who has listed a Room for rent on the Carousell Platform. | |
“Territory” shall mean Singapore. | |
“you” shall mean either the Landlord or the Tenant (as may be applicable). |
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2. |
Rental+ Services |
2.1 |
Rental+ allows: |
A. a Landlord to list a Room for rental on the Carousell Platform and obtain an additional insurance coverage (“Coverage”) from an authorised service provider (“Insurance Provider”) and/or partner of Carousell; and |
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B. a Tenant to rent a Room without providing a security deposit, provided that the relevant Room listing is Rental+ enabled and a one-time transaction fee (“Transaction Fee”) is paid. |
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You can read more about Rental+, the fees payable and how to enable Rental+ for your listing in these Help articles: For Landlord; For Tenant. |
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2.2 |
The Landlord is responsible for ensuring all the information specified in the Room listing on the Carousell Platform is correct and not misleading. If you are a Landlord, you represent and warrant that you are the legal owner of the Property and that all information which you provide to Carousell and/or the Insurance Provider is accurate, up to date, truthful and complete. If you are a Tenant, you represent and warrant that all information which you provide to Carousell and/or the Insurance Provider is accurate, up to date, truthful and complete and undertake to make payment of the Transaction Fee in accordance with Clause 4 below. |
2.3 |
The Landlord and Tenant each acknowledge and agree that Carousell is not party to the rental transaction and Tenancy Agreement and has no control over any Property rented through the Carousell Platform. In addition, Carousell is not responsible for and does not operate and/or control the Coverage offered by the Insurance Provider. |
3. |
Coverage |
3.1 |
In order to provide the Coverage, you acknowledge that Carousell may partner with and/or integrate the services provided by certain Insurance Providers and that Insurance Providers provide its services subject to their respective Additional Terms (as set out in Clause 3.4 below). In order to obtain the Coverage, you agree to comply with such Additional Terms, as the same may be modified by the Insurance Providers from time to time, and other applicable Additional Terms. |
3.2 |
Information required: In order to use the Rental+ Services and obtain the Coverage, you must provide Carousell and/or the Insurance Provider with accurate and complete information required for the Rental+ Services including information to verify your identity and where applicable, proof of ownership of the Property. You acknowledge and agree that Carousell and the Insurance Provider each reserves the right to request for other supporting documents as may be required to provide the Rental+ Services, Coverage and/or to process a claim under the Coverage. By providing Carousell with any such information, you represent and warrant that you are legally authorised to provide such information to us and all information which you provide is accurate, up to date, truthful and complete. |
3.3 |
Carousell uses such information as described in our Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers to process payments and to manage the information you have provided to us. |
3.4 |
Additional Terms: You acknowledge that the Coverage shall be subject to or governed by additional terms and conditions of Insurance Provider (“Additional Terms”). You agree to comply with such Additional Terms, which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms. |
4. |
Transaction Fees |
4.1 |
If you are a Tenant, you agree to pay to Carousell, a Transaction Fee in accordance with Carousell’s prevailing charges, which can be found here, and forms a part of these Terms. |
4.2 |
You shall make payment of the Transaction Fee by using a credit card, debit card or by way of telegraphic or other electronic means of transfer. You may also pay your Transactions Fees through any of the methods as may be notified to you from time to time. All payments shall be made the earlier of: on or before the date of the commencement of the rental under the Tenancy Agreement and three (3) days from the date of receipt of the payment advice from Carousell. You acknowledge and agree that the Coverage to be provided by the Insurance Provider is conditional upon you making payment within such period. |
4.3 |
By providing the information to process your payment of the Transaction Fees, you represent and warrant, that: (i) you are legally authorised to provide such information to us and all information which you provide is accurate, up to date, truthful and complete; (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), you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s). |
4.4 |
By using 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. |
4.5 |
You also acknowledge and agree that:
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5. |
Claims under the Coverage |
5.1 |
You acknowledge and agree that the Insurance Provider is responsible for all claims or enquiries in respect of the Coverage and all claims under the Coverage is subject to the discretion and approval of the Insurance Provider. You hereby authorise Carousell to: (i) direct all such claims and enquires to the Insurance Provider; (ii) and provide any and all information as may be necessary to the Insurance Provider for resolving your claims and enquiries. |
5.2 |
Any Additional Terms are to be entered into or are entered into between you and the Insurance Provider and at your own risk. Any such terms and conditions are without warranties of any kind by Carousell and under no circumstances shall Carousell be liable for: (i) any damages arising from the transactions between you and the Insurance Provider; (ii) any information appearing on the Insurance Provides site(s) or any other site(s) linked to the Coverage; (iii) any claims not approved by the Insurance Provider; and (iv) the suitability or quality and/or the provision of the Coverage by the Insurance Provider.. All disputes about any claims under the Coverage shall be resolved directly between the Landlord and the Insurance Provider. |
5.3 |
Carousell shall not be liable in the event of a claim not approved by the Insurance Provider by reason of erroneous details provided by the Landlord and/or the Tenant. |
6. |
Disclaimer |
6.1 |
You acknowledge and agree that the Rental+ Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Rental+ Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion. |
6.2 |
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. |
6.3 |
Carousell shall not be held responsible and/or liable for the suitability, quality or the fitness for any purpose or any other aspect of the Property 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 Property and/or the Tenancy Agreement. All disputes about quality or performance of obligations under the Tenancy Agreement shall be resolved directly between the Landlord and the Tenant. |
7. |
Suspension and Termination |
7.1 |
Carousell reserves the right to, at its sole discretion, and without liability:
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7.2 |
In the event of a termination of the Rental+ Services by Carousell, Coverage that has been paid for and commenced before our service of the termination notice (“Termination Notice”) will continue to be effective until the Coverage end date as set out in the policy provided by the Insurance Provider, provided that the commencement of the rental is within three (3) months from the Termination Notice. In the event the commencement date of the rental is more than three (3) months from the Termination Notice, Carousell shall refund, to the Tenant, the full Transaction Fees paid and the Tenant shall be obliged to pay to the Landlord, any security deposit as mutually agreed between the parties. |
7.3 |
In the event any Transaction Fee payable to and not received by Carousell in full before the due date stipulated and in accordance with our payment instructions, no Coverage shall be provided and neither Carousell and/or the Insurance Provider shall be responsible for any claims arising from the non-payment. In such an event, the Tenant shall be obliged to pay to the Landlord, any security deposit as mutually agreed between the parties. |
8. |
Limitation of Liability |
8.1 |
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE RENTAL+ SERVICES IS TO REQUEST FOR TERMINATION OF THE RENTAL+ SERVICES AND/OR DISCONTINUE ANY USE OF THE RENTAL+ SERVICES. |
8.2 |
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 RENTAL+ 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 RENTAL+ SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CAROUSELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
8.3 |
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. |
9. |
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 Rental+ Services as Carousell deems appropriate. |
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10. |
Personal Data |
10.1 |
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 ("Purposes"):
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10.2 |
You further agree that:
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10.3 |
By providing us with any information relating to a third party (e.g. information of the individual you are representing, your spouse, children, parents, and/or employees), you represent to us that you have validly obtained the consent of the third party to provide us with their information for the respective purposes. |
10.4 |
Our current Insurance Provider is FWD Singapore Pte Ltd, and you may access their privacy policy here. |
11. |
Miscellaneous |
11.1 |
Neither Carousell nor any of its Insurance Provider has authority to act for, to make any representations or commitments on behalf of the other or to assume any obligation or responsibility on behalf of the other party. The rights, duties, obligations and liabilities of Carousell and each of the Insurance Providers shall be separate, not joint or collective. |
11.2 |
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. |
11.3 |
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. |
11.4 |
A person who is not a party to this Agreement shall have no right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act of Singapore. |
11.5 |
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. |
Last updated on 7 April 2021