Terms of service

Terms of Use

 1.              General

1.1.              These terms of use (“Terms of Use”) form a legally binding agreement between you and Rebonics Pte. Ltd (“Carousell Mobile”, “we”, “us”, or “our”) - a Carousell Group Company and govern your use of and access to the websites, mobile applications, and Platform (defined below) (collectively, “Site”) owned and operated by us as well as the Services (defined below) provided by us.

1.2.              Please read these Terms of Use carefully (including our Privacy Policy[1] ) before using the Site and/or Services. By using and accessing the Services in any manner, including but not limited to visiting or browsing the Services, downloading, installing or using any associated software supplied by us and/or selling to or purchasing from us, you agree to observe and be bound by these Terms of Use and the additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively, “Terms”). These Terms, together with such applicable additional terms and conditions, are referred to as this “Agreement”. Please do not use or access the Site and/or Services if you do not agree to any of these Terms.

1.3.              We reserve 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 Site and/or Services following the date on which the amended Terms are posted here.

1.4.              These Terms apply to all users of the Site and Services, including without limitation:

                      1.4.1.         customers who buy Products sold through the Site;

                     1.4.2.         customers who sell and/or trade-in their Second-hand Device via the Site;

                     1.4.3.         customers who use, browse through, or access the Site; or

                     1.4.4.         customers who are contributors of content, information and other materials.

(collectively, the “Users” or “you”)

1.5.              If you are using the Site and Services and/or entering into this Agreement on behalf of a corporation, partnership, registered business, society, unincorporated association, or other business entity (“Business Entity”):

                      1.5.1.         the terms “you” and “your” in these Terms shall mean you as an individual as well as the Business Entity, unless the context does not permit; and

                     1.5.2.         by using the Site and/or the Services, you hereby represent and warrant that you are duly authorised to act on behalf of the Business Entity, and that these Terms are binding upon the Business Entity.

1.6.              In accessing the Site and using the Services, you represent and warrant that:

                      1.6.1.         If you are an individual, you are at least 18 years of age.

                     1.6.2.         If you are representing a Business Entity, you have authority to bind the Business Entity to these Terms.

                     1.6.3.         You are capable of entering into and performing legally binding contracts under applicable law.

                     1.6.4.         All information which you provide is accurate, up to date, truthful and complete.

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

 2.              Service Description

2.1.              Carousell Mobile provides an AI-first end-to-end electronics recommerce platform, as part of its vision to make secondhand a priority choice for users. With such proprietary AI-first diagnostic technology, we provide the capabilities for users to remotely inspect the condition of secondhand electronic devices.

2.2.              Services provided by us include, without limitation:

                     2.2.1.         Sell to Carousell: an online platform with the “Sell to Carousell” programme (“Sellto Programme”) that facilitates the sale of second-hand electronic devices (“Second-hand Device”) directly to us;

                   2.2.2.         a mobile phone grading and diagnostics service (“Diagnostic”) as part of the sale service, to verify the condition of the Second-hand Device and provide an estimated resale value of such Second-hand Device. Each Second-hand Device coming to us will go through an extensive testing process where we assess its condition. Second-hand Devices will be diagnosed by their visual appearance, functionality, and capacity;

                    2.2.3.         Trade-in with authorised partners: a trade-in service that facilitates the sale of your Second-hand Device to us under the Sellto Programme, in exchange for credits (or the equivalent) to offset the purchase price of a new device from our authorised partners;

                    2.2.4.         Buy from Carousell Mobile: the https://sg.carousellmobile.com website operated by us (“Platform”) that serves as an online venue for customers to sell and/or trade-in Second-hand Device and purchase new or second-hand electronic goods that have been refurbished and/or restored for resale by us (“Carousell Mobile Devices”); and

                   2.2.5.         all other related services provided by us and our agents and/or employees.

(collectively, the “Services”).

 3.              Use of the Service

3.1.              Subject to your compliance with these Terms and the Privacy Policy, we hereby grant you a revocable, non-exclusive, non-assignable, non-sublicensable, and non-transferable licence to use the Site, and access and use the Services including the Site, on the terms and conditions contained in this Agreement.

3.2.              By using the Site and/or Services, you agree not to:

                     3.2.1.         violate any relevant rule, law or regulation in connection with your access to or use of the Site and/or Services;

                    3.2.2.         solicit or be involved in the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction, or otherwise be involved in any form of criminal activity, including but not limited to terrorism financing and money laundering;

                    3.2.3.         use the Site and/or Services for any purpose other than the purposes for which they are provided by us;

                    3.2.4.         reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Site and/or Services;

                    3.2.5.         deliberately interfere with or hamper the working and performance of the Site and/or Services, or the access of any user, host, or network, including without limitation, hacking, transmitting any virus, overloading, flooding, spamming, denial-of-service attacks, or tampering with any aspect of the Site and/or Services;

                    3.2.6.         use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the Site and/or Services;

                    3.2.7.         avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our authorised representatives to protect the Site, Services, and/or intellectual property owned by us, or attempt to do any of the foregoing;

                    3.2.8.         act in any way that may potentially infringe any trademark, copyright, patent or other proprietary right of any party;

                    3.2.9.         modify, translate, or create derivative works based on any element of the Site and/or Services;

                  3.2.10.         modify, reproduce, adapt, or publicly distribute any materials or content on this Site without our prior written approval;

                   3.2.11.         collect, use, disclose or process personal data of other individuals unless you have obtained their express and valid consent; and

                  3.2.12.         attempt to obtain unauthorised access to the Site and/or the Services.

3.3.              By using the Site and/or Services, you agree that:

                     3.3.1.         any information and documentation you provide to us is true, correct and complete, and you agree to immediately notify us of any changes to such information;

                    3.3.2.         you will not falsify information, impersonate others or otherwise misrepresent your relationship with or authority to represent any persons or entities;

                    3.3.3.         you will comply with all notices, guidelines, rules and instructions pertaining to use of the Site and/or the Services as issued in writing by us from time to time;

                    3.3.4.         any breach of these Terms may result in the suspension or termination of your Account (defined below) and right to use the Site or Services and possible legal action being taken against you;

                    3.3.5.         subject to the provisions of the Personal Data Protection Act 2012 and the Privacy Policy, we have the right to utilise any files or data uploaded or submitted to the Site or through the Services in any way;

                    3.3.6.         all products, packages, and promotions offered by us are exclusive to us; and

                    3.3.7.         you have obtained all relevant and necessary consents before posting, providing, or submitting the personal data of third parties.

 4.              Account

4.1.              To use some parts of the Services and certain functionalities of the Site, you may be required to create an account with us (“Account”).

4.2.              The Account-creator shall be deemed to have read and accepted these Terms as well as the Privacy Policy upon the creation of the Account.

4.3.              You are solely responsible for, and bear the risk of, all activities carried out under or pursuant to your Account, whether or not such use is authorised by you. We shall not be responsible for controlling or monitoring the use of your Account, or for any losses that may be suffered by you or any third party as a result of any unauthorised use of your Account. To prevent any unauthorised use, you agree to take such actions as are necessary to maintain the security of your Account, including using a strong password, regularly changing your passwords, not re-using passwords across platforms, and keeping your password confidential.

4.4.              The Account is non-transferable.

4.5.              You agree to be solely responsible for all your online activities and communications conducted through your Account. You agree and acknowledge that we will deem all transactions entered into and activities conducted using your Account as transactions entered into and activities conducted by you, and you agree to be liable for all such transactions and activities. You agree that we will not be liable for any loss, damage, liability, claims, demands, fees, costs and expenses (including legal and professional costs and expenses) (collectively “Loss”) arising as a result of or in connection with the unlawful, fraudulent or otherwise wrongful or unauthorised use of your Account.

4.6.              Any breach of these Terms may result in immediate termination or suspension of your Account without prior notification.

4.7.              All outstanding transactions and amounts due to us must be settled before your Account is closed, whether such closure is initiated by you or by us.

 5.              Sell to Carousell

5.1.              Under our Sellto Programme, you can now sell your Second-hand Device directly to us and get paid for it instantly. Sitting at the comfort of your home, you can get a quote for your electronic devices and choose how you want to sell your Second-hand Device. You can then, at no additional cost, arrange for a Carousell courier agent to pick-up your Second-hand Device.

5.2.              If you choose to sell your Second-hand Device under the Sellto Programme, you acknowledge and agree that:

                     5.2.1.         You are the legal owner of the Second-hand Device and you have the entire right, title and interest in and full authority to sell the Second-hand Device;

                   5.2.2.         The Second-hand Device shall be sold and delivered to us free and clear of all liens, encumbrances, security interests and other claims against title;

                    5.2.3.         The Second-hand Device was not obtained through any illegal means and is not stolen property or property obtained in whole or in part through an offence involving fraud or dishonesty or which has been transferred by the commission of gang-robbery, and does not, in whole or in part, directly or indirectly, represent another person’s benefits from criminal conduct;

                    5.2.4.         Carousell Mobile and/or its authorised agents and partners shall be entitled to conduct a Diagnostic scan of the Second-hand Device;

                   5.2.5.         The sale price of the Second-hand Device (to be communicated to you by us or our authorised agents or partners) upon completion of the Diagnostic scan is the final sale price. In the event you opted for a pick-up or trade-in appointment, the sale price displayed as at the appointment booking stage is only an indication of the estimated offer;

                   5.2.6.         You shall backup all data on your Second-hand Device and all confidential and/or personal data shall be permanently wiped and deleted via a factory reset from the Second-hand Device prior to being handed over to us;

                    5.2.7.         The sale of your Second-hand Device to us shall be made upon the agreement between us and you of the sale price of the Second-hand Device as communicated to you and the acceptance of these Terms. In all cases, the title to the Second-hand Device shall pass to us upon collection of the same or your delivery of the Second-hand Device to us or our authorised representatives;

                    5.2.8.         (Where applicable) You have taken all action necessary to authorise the execution and delivery of the sale and performance of your obligations under these Terms; and 

                   5.2.9.         we reserve the right to reject the purchase of your Second-hand Device (i) if they fail to meet our quality and verification checks; (ii) if they appear to have missing and broken parts, with extensive wear and tear; (iii) if they do not conform to the categories of goods we accept; or (iv) for any reason, at our discretion.

5.3.              If you are authorising a third party to handle the handover of your Second-hand Device to our authorised courier agent on your behalf, you shall provide a physical copy of an authorisation letter (please see template authorisation letter at the very end of these Terms) and your photographic identification to our authorised courier agent. The third party acting on your behalf will also need to present a  photographic identification to confirm their identity. Please also provide us with the full name (as per NRIC) and contact number of the authorised third party two (2) business days before the pick-up for verification purposes.

5.4.                  If you are aware of or have a cause for suspicion regarding any unauthorised use of your Account under the Sellto Programme, or theft, loss, or unauthorised disclosure of your Account’s log-in details, or require any support on the Sellto Programme, you can notify us immediately via email at cs.sg@laku6.com via WhatsApp here. We will investigate and respond to your notification within a reasonable time and reserve the right to suspend your Account and/or reject the purchase or complete any transaction until the matter is resolved.

 6.              Trade-in with Our Authorised Partners

6.1.              As part of our Sellto Programme, you may choose to visit one of our authorised partners (“Partner”) to trade-in your Second-hand Device for a new device. Our trade-in services (“Trade-In”) facilitate the sale of your Second-hand Device, in exchange for credits (or the equivalent, as may be issued or determined by our Partner) to offset the purchase price of a new electronic device from our Partners (“New Device”). 

6.2.              If you choose to Trade-in, the following terms will apply to you. You acknowledge and agree that:

                     6.2.1.         we are the party purchasing your Second-hand Device, and Clause 5 above shall apply;

                   6.2.2.         the Partner is responsible for issuance of credits (or the equivalent, as may be determined by our Partner) corresponding to your Second-hand Device and the sale of the New Device to you;

                    6.2.3.         our relationship with any Partners is that of an independent contractor, and neither party has authority to make any representations or commitments on behalf of the other nor is responsible for the product and/or services offered by the other party;

                    6.2.4.         the Partner and us each have our own terms and conditions to which you must agree to before participating in the Trade-In;

                   6.2.5.         we make no representations or warranties, whether express or implied, including any warranty as to title, non-infringement, the authenticity, correctness of description, satisfactory quality, merchantability, condition, state of repair, or suitability or fitness for any particular purpose or use of any services provided by and/or New Device sold by the Partner and all such representations and warranties are excluded to the fullest extent permitted by applicable law;

                   6.2.6.         title to your Second-hand Device shall be transferred from you to us upon completion of the Trade-In and your purchase of the New Device, and when you handover your Second-hand Device to the Partner;

                    6.2.7.         we shall not be liable for any damages, loss, cost or expenses arising as a result of the use of or inability to use the New Device or otherwise relating to the New Device; and

                    6.2.8.         to the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your purchase of the New Device from our Partner.

 7.              Buy from Carousell Mobile

7.1.              All electronic goods that we offer for sale on the Site, including the Carousell Mobile Devices on the Platform (each a "Product", collectively known as “Products”) are items which have undergone our Diagnostics scan and are sold "as is", without any warranties express, implied or otherwise, and however arising.

7.2.              By submitting an order for a purchase with us, you acknowledge and agree to the following:

                     7.2.1.         while we will use our best efforts to inspect the condition of the Product with our its Diagnostics scan, the Diagnostics scan of the Product is performed independently by us and does not amount to any representation or warranty by us, whether express or implied, as to the authenticity, correctness of description, quality, merchantability, condition, state of repair and suitability or fitness for any particular purpose or use of the Product;

                    7.2.2.         we may communicate and/or include images of the Product, text descriptions, price, measurements, and other information on the Site. The colour of the Products as displayed on the images may slightly differ from the actual colour, depending on lighting conditions and variances in computer screen displays.

                    7.2.3.         we reserve the right to cancel an order without any liability to you in certain cases, including but not limited to Products being out of stock, duplicate orders, abuse of discount or voucher codes (if any), error in the Product listing, or the inability to fulfil the reason for any reason;

                    7.2.4.         the Products listed on the Platform are categorised into different gradings based on the devices’ external condition and battery health. You are encouraged to refer to the grading guidelines on the Platform to make an informed selection before placing an order;

                    7.2.5.         the Products listed on the Platform come with a complimentary 1-month warranty at no additional cost to you. The warranty covers hardware failures (malfunctions of internal components that impede the device’s functionality), electrical defects (defects in circuitry or power component that affect the device’s operation), or manufacturing defects under normal usage conditions. The warranty excludes issues caused by external factors such as misuse or abuse (damages due to improper usage, including exposure to extreme conditions or use contrary to manufacturer’s guidelines), software issues (damage caused by viruses, malware, or incompatibility with third-party applications), physical and/or accidental damage such as scratches and dents, liquid damage, unauthorised repairs or modifications, pre-existing conditions that were disclosed prior to purchase, or cosmetic wear and tear;

                    7.2.6.         upon receipt of the Product, you have seven (7) days to inspect the Product and raise a return request if you have a change of mind or if the Product received is not as described - meaning it differs from the listing description on the Platform, or is defective, damaged or faulty upon delivery. Beyond the 7-day period, all sales are considered final and are not eligible for return or refund.

                    7.2.7.         prices listed may not include delivery, payment processing, and handling charges. Any additional charges (if applicable) will be separately notified to you before purchase order finalisation;

                    7.2.8.         title to the Product shall be transferred from us to you only upon full receipt of all amounts due and payable by you under these Terms, and when the delivery or pick-up is completed i.e. the ordered Product has been physically delivered to you or any recipient as designated by you to collect such Product on your behalf or upon you picking up the Product;

                    7.2.9.         we make no representations or warranties, whether express or implied, including any warranty as to title, non-infringement, the authenticity, correctness of description, satisfactory quality, merchantability, condition, state of repair, or suitability or fitness for any particular purpose or use of the Product, and all such representations and warranties are excluded to the fullest extent permitted by applicable law;

                  7.2.10.         we shall not be liable for any damages, loss, cost or expenses arising as a result of the use of or inability to use the Product or otherwise relating to the Product; and

                   7.2.11.         to the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your purchase of the Product.

7.3.              As a buyer, you represent and warrant that:

                     7.3.1.         you have the full power and authority to enter into the purchase and to carry out the transactions contemplated by you;

                    7.3.2.         you have taken all action necessary to authorise the execution and delivery of the purchase and performance of your obligations under these Terms;

                    7.3.3.         the execution and delivery of the purchase by you, and your compliance with the Terms hereunder, do not and will not (i) conflict with or result in a breach of any terms, conditions or provisions of, or (ii) constitute a default under, any agreement, order, judgment, decree, obligation or instrument to which you are subject; and

                    7.3.4.         all statements and particulars made or given to us are and remain true and accurate in all respects and are not misleading in any way.

7.4.              You shall be liable for all fees, taxes, duties, tariffs, levies, and other costs and expenses  related to or connected with the sale and transfer of the Product and any other incidental costs and expenses in relation thereto (“Incidental Charges”). Where we are required to pay for such Incidental Charges, you shall promptly reimburse us therefore in full, before the transfer and the delivery of Product.

7.5.              It is hereby declared and agreed that:

                     7.5.1.         you have found the Product to be of merchantable and satisfactory quality, compliant with the Product details provided by us, in good and proper working condition and suitable or fit for the purpose for which such Product is commonly supplied;

                    7.5.2.         you have not, whether expressly or by implication, made known to us or any of our agents or servants any particular purpose for which the Products are required. You confirm that you relied on your own skill and judgment and have not relied on our skill or judgment;

                    7.5.3.         where you are not a natural person (i.e. where you are a company, partnership, limited liability partnership, sole proprietorship business or otherwise), you are entering into the purchase in the course of business and are not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003; and

                    7.5.4.         in the event you seek any relief or remedy in respect of any non-conformity of the Product pursuant to the Consumer Protection (Fair Trading) Act 2003 or any other applicable law, any reduction in the transacted value of the Product (“Transacted Value”) or any refund of the Transacted Value or price thereof shall not prejudice or affect your liabilities to us under these terms and you shall remain liable for the full amount of any Incidental Charges as provided under these Terms.

7.6.                  If you are aware of or have a cause for suspicion regarding any unauthorised use of your Account on the Platform, or theft, loss, or unauthorised disclosure of your Account’s log-in details, you can notify us immediately via email at support.sg@carousellmobile.com or via WhatsApp by clicking here. We will investigate and respond to your notification within a reasonable time and reserve the right to suspend your Account on the Platform and/or reject the purchase or complete any transaction until the matter is resolved.

 8.              Fees and Payments

8.1.              Payment for Carousell Mobile Devices purchased on the Platform can be made using PayNow, credit card, debit card, buy-now-pay-later options, bank transfer, or other methods as may be made available on the Platform from time to time.

8.2.              When purchasing Products on the Platform, you may use any applicable discount or promotional code accepted by Carousell Mobile within such code’s validity period. Unless otherwise specified, such codes (a) cannot be combined; (b) cannot be applied to the delivery fees; and (c) are not transferable, refundable, or exchangeable for other items.

8.3.              Where you provide the account information for a credit or debit card, you represent and warrant that (a) you are legally authorised to provide such information to us; (b) you are legally authorised to perform payments from the account(s) provided to us; and (c) 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) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).

8.4.              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.

8.5.              You agree to authorise Carousell Mobile and/or our related corporations to process your payments on your behalf including but not limited to making, accepting, and/or refunding any payments, in accordance with this clause.

8.6.              Depending on the services you may request, you may be charged a fee or charged for the Product you may purchase and/or fees and charges otherwise in relation to your Account (collectively, the “Fees”). You may pay your Fees using a credit card, debit card, or by way of telegraphic or other electronic means of transfer. You may also pay your Fees through any of the methods as may be made available on through our Services or as may be notified to you from time to time.

8.7.              You acknowledge and agree that:

                     8.7.1.         unless otherwise agreed upon, all Fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) access to our Services is suspended or terminated due to a breach of these Terms;

                    8.7.2.         you shall make prompt payment of all Fees, in full before the due date stipulated by us 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 us, without prejudice to any other rights or remedies available to us, we shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the 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 Fees and any legal fees and collection costs incurred by us in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;

                    8.7.3.         in the event your Account is suspended or terminated for any reason, any amounts due on your Account will immediately become due and payable. We reserve 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; and

                    8.7.4.         you are responsible for collecting and paying any taxes associated with using and making sales through the 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.

 9.              Delivery and Pick-Up

9.1.              In using the Services, you may be offered the following options:

                      9.1.1.         Delivery: for us to deliver to you the Product purchased from us or the New Device purchased from a Partner;

                     9.1.2.         Pick-up in store: for you to pick-up your purchase order of a Product or a New Device from selected locations (where applicable);

                     9.1.3.         Doorstep collection: for us to collect your Second-hand Device at your doorstep, when you trade-in and/or sell your Second-hand Device; and/or

                     9.1.4.         Drop-off in store: for you to drop-off your Second-hand Device at selected locations (where applicable), when you trade-in and/or sell your Second-hand Device.

(collectively, “Logistics Services”).

The terms, method, and information for Logistics Services shall be in accordance with these Terms and terms and conditions as set out in any related promotional material. 

9.2.              For a purchase order made via the Platform, you shall choose the relevant Logistics Services made available via the Platform, and where applicable, you will be responsible to pay the stipulated delivery fees for such Logistics Services. All relevant delivery information (including the delivery fees) will be displayed at check-out.

9.3.              It is your responsibility to ensure that all information provided for the Logistics Services (including delivery address and contact details) are accurate. The time for delivery shall not be of the essence, and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

9.4.              If you are not available for the collection appointment or to receive delivery of your order, we or our courier partner may contact you using the provided contact details. Where applicable, re-delivery attempts may be made, and you may be required to coordinate a new delivery or collection time with our courier partner or our customer service team..

9.5.              For delivery at your doorstep and/or any secure location as specified by you, we and/or our local courier partner reserve the right to complete the delivery by dropping off the order at your doorstep or other designated delivery location without requiring you and/or a recipient (on your behalf) to be present or to confirm receipt. In such cases:

                     9.5.1.         a photo proof of the completed delivery will be sent to you as confirmation;

                   9.5.2.         if you have specific delivery instructions for a secure location (e.g. shoe rack, parcel box etc), you may communicate this at checkout or inform our courier partner in advance. We will make reasonable efforts to accommodate such requests; and

                    9.5.3.         once the order has been delivered, we shall not be responsible for any loss or damage that may occur thereafter.

9.6.              If our delivery and collection efforts fail due to your unreasonable refusal to accept delivery or be present during collection, or if you do not accept delivery or collection (after re-delivery or collection attempts have been made), we may, without limiting any other right or remedy available to us, do either or both of the following:

                     9.6.1.         charge you for any costs and expenses reasonably incurred by us; or

                   9.6.2.         cancel your order and not make available the Product(s) and/or New Device(s) for delivery, whereupon we will notify you of such cancellation. If an order is canceled under these circumstances, you will be refunded via the original payment method, less any applicable charges incurred (including re-delivery attempts and/or any administrative charges arising from such cancellation).

9.7.              If you select the pick-up option (where applicable), but fail to pick-up the order within the specified time frame, we may:

                     9.7.1.         attempt to contact you via the provided contact details to arrange an alternative pick-up time (subject to availability);

                    9.7.2.         charge storage or administrative fees if the order remains uncollected beyond a reasonable period; or

                    9.7.3.         cancel the order if you fail to collect within the required timeframe, in which case you will be refunded via the original payment method, less any applicable charges incurred (including storage fees and/or administrative fees).

9.8.              We reserve the right to recover from you or invoice you all such costs incurred by us due to failed delivery or collection attempts or deduct such costs from the balance that you may have in your Account (if applicable).

10.              Exchanges, Returns, and Refunds

10.1.              Your right to request an exchange, return or refund depends on the type of product purchased via the Platform: (a) a brand new item (“New Product”); or (b) a second-hand item that has been refurbished and/or restored for resale (“Used Product”).

10.2.              New Products are strictly non-exchangeable, non-returnable, and non-refundable under all circumstances.

10.3.              For Used Products, where you have a change of mind or where the Used Product is not as described (i.e. it differs from the listing description on the Platform, or is defective, damaged or faulty upon delivery), and subject to fulfilment of conditions set out in Clause 10.4, you have the following options:

                   10.3.1.         to return the Used Product and request for a full refund; or

                  10.3.2.         to exchange for another Used Product. If the replacement item is of a higher value, you will be required to top-up the difference. If the replacement item is of a lower value, no refund of the difference will be given,

10.4.              You must submit your request within seven (7) days of receipt of the Used Product. You are responsible to inspect the Used Product immediately upon receipt. Requests made by you after the 7-day period will not be entertained or accepted by us.

10.5.              For Used Products covered under the 1-month complimentary warranty, we reserve the right to exchange such Used Product with a similar device.

10.6.              Exchange and Return Process and Conditions

                   10.6.1.         Please reach out to our customer support team via WhatsApp within the 7-day period and provide your purchase receipt.

                  10.6.2.         Our customer support team will verify the transaction and customer details (e.g. reason for return, issues with the device, proof of purchase etc). Once verification is completed and your request is approved, you must bring the Used Product to the designated store for the exchange or return and/or refund to be processed.

                  10.6.3.         If you decide to return the Used Product by way of courier delivery, this will be at your own cost. It is your responsibility to ensure the returned Used Product is properly packaged and remains in the same condition as when received by you. We shall not be liable for any returned Used Product that is lost, delayed, or damaged in transit.

                  10.6.4.         To qualify for a return or exchange, the Used Product must be unused, in its original condition, and with tags still attached and intact to be eligible for a return. We will not accept your Used Product if there is evidence suggesting it has been used prior to its return.

10.7.              If a returned Used Product is found to be in an unsuitable condition or does not comply with the return conditions, we may, at our discretion:

                   10.7.1.         accept with deductions: if cleaning or restoration to the Used Product is required, you will be charged for all reasonable costs, which may be invoiced separately or deducted from the refund. If the Used Product cannot be fully restored to its original condition, we may still accept the Used Product, subject to a partial refund based on its condition as determined and adjusted by us.

                  10.7.2.         reject the return: if the Used Product is not eligible for exchange or return, we will return the Used Product to you at your cost. We reserve the right to invoice you all such costs incurred by us. If you fail to take delivery of the Used Product after three (3) attempts, we reserve the right to resell, dispose of, or otherwise deal with the Used Product in such manner as we may deem fit. Any losses incurred from resale shall be made good by and recoverable from you as damages.

10.8.              Our rights under Clause 10.7 are an addition to and not in substitution of any other payment or damages for which you may be liable under these Terms, and without prejudice to any other rights and remedies available to us at law or in equity.

11.              Security

11.1.              We will deploy reasonable security precautions intended to protect against unauthorised access to any data stored by us in connection with your use of the Site and Services. We will exercise reasonable efforts to deploy corrections within the Site and Services for security breaches made known to us. You may not circumvent or otherwise interfere with any user authentication or security of the Site and Services. 

11.2.              You acknowledge that, notwithstanding the security precautions deployed by us, the use of, or connection to, the Internet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access to the Site and Services and your data. We cannot and do not guarantee the privacy, security, integrity or authenticity of any information or data transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.

12.              Amendments and Modifications

12.1.              We have absolute and unfettered discretion to:

                    12.1.1.         make upgrades, changes, alterations, enhancements, and/or modifications to the Site and/or Services, including the development of new features, designs, user interfaces, functions and capabilities, updates, patches, maintenance, upgrades and/or the procurement of new releases of any software;

                   12.1.2.         modify, change, update, or revise these Terms;

                   12.1.3.         remove, discontinue, suspend, or terminate the whole or any portion of the Site or Services; and

                   12.1.4.         impose restrictions on certain features or restrict your access to parts of or the entire Site or Services,

at any time and for any reason (collectively, the “Changes”).

12.2.              We shall not be liable for any Loss arising as a result of or in connection with any loss of or interruption in your access to the Site and/or use of the Services due to any Changes.

12.3.              Any amendments to these Terms will apply and take effect immediately at the time they are published on this Site. It is your responsibility to remain updated on any changes that may be made to these Terms. You shall be deemed to have accepted and affirmed the amended or modified Terms by your continued use of the Site and Services following any change to the Terms. We will not in any event be liable for any Loss resulting from any amendment(s) or modifications to these Terms

12.4.              We shall be entitled to specify and update from time to time, the required configuration and specifications for hardware and software or the services of any third party service provider as it deems necessary or appropriate for your access and connectivity to the Site or the use of the Services, and you agree to comply with such initial and updated configurations and specifications at your own costs, failing which you may not be able to obtain access and connectivity to the Site and/or use the Services.

13.              Intellectual Property

13.1.              Any and all intellectual property rights embodied in or relating to or used in connection with the Site, our Diagnostic software, the Services and all materials and works comprised in or relating thereto, including without limitation:

                    13.1.1.         all trade marks, service marks, logos, trade names, information, text, data, images, graphics, photos, links, maps, materials, data, software, music, audio-visual content, and/or other materials, produced and/or procured by us;

                   13.1.2.         HTML, WML, Java, CGI scripts, JavaScript and/or all other forms of computer code employed in the design, creation and posting of the Site on the Internet, and all updates and derivative works thereto;

                   13.1.3.         all computer programs, modules, algorithms and/or tools relating to the Site and our Diagnostic software (including the source codes and the object codes, and all documentation, concepts, database, data and methodologies thereof);

                   13.1.4.         the graphical user interfaces relating to the Site and our Diagnostic software;

                   13.1.5.         the compilation, collection, arrangement and assembly of all data, information and content on the Site and our Diagnostic software;

                   13.1.6.         all other information and content made available on the Site and our Diagnostic software; and

                    13.1.7.         any other proprietary designations or materials used in association with the Site, our our Diagnostic software and/or the Services,

(collectively “Carousell Mobile Materials”), are the property of Carousell Mobile, its licensors and/or its affiliates (each an “Owner”) and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. You agree and acknowledge that the use of the Site and the use of and access to any Carousell Mobile Materials does not grant or transfer to you any rights, title or interest in relation to the Site or any Carousell Mobile Materials.

13.2.              You shall not in any way, without the prior written consent of the Owner:

                   13.2.1.         copy in whole or in part any Carousell Mobile Materials and/or the Site;

                  13.2.2.         sell any whole or part of the Carousell Mobile Materials and/or the Site to any third party;

                  13.2.3.         copy, reproduce, publish, modify, adapt, upload, post, transmit, distribute, commercially exploit, reverse engineer, disseminate, broadcast, or circulate any whole or part of the Carousell Mobile Materials and/or the Site (whether as paid, exclusive, non-shareable content or otherwise); or

                  13.2.4.         breach any intellectual property rights arising from or in connection with the Carousell Mobile Materials and/or the Site, including by altering or modifying any of the Carousell Mobile Materials and/or the Site, causing any of the Carousell Mobile Materials and/or the Site to be framed or embedded in another webSite, or creating derivative works from the Carousell Mobile Materials and/or the Site.

13.3.              We are committed to ensuring that the goods listed and other content displayed on the Platform do not infringe intellectual property rights (“IPR”). If you are an owner of IPR (“IPR Owner”) or an agent duly authorised to act on behalf of an IPR Owner (“IPR Agent”) and you believe that your or your principal’s IPR have been infringed by any content on the Platform, please notify us immediately at: legal_notices@thecarousell.com. Only the IPR Owner or their IPR Agent (collectively, “Complainant”) may file a notice of IPR infringement, and all notices must comply with Clause 13.4.

13.4.              Notifications under Clause 13.3 must include at least the following:

                   13.4.1.         Name and address of the Complainant: for an individual, your full name and address. For an entity, please provide a copy of your company or business registration certification. If the Complainant is not resident in Singapore, an address for service in Singapore.

                  13.4.2.         Name and address of the IPR Owner (if IPR Agent is the Complainant).

                  13.4.3.         Power of Attorney: for an entity, please provide a copy of a valid power of attorney issued by your company authorising you to act on its behalf for IPR infringements.

                  13.4.4.         Proof of the relevant IPR: please provide sufficient particulars to enable us to identify the IPR alleged to be infringed. In relation to registered IPR, please provide the registration certificate from the relevant authorities.

                  13.4.5.         Nature of the infringement: a clear and complete identification of the allegedly infringing product and/or content, including image of the listing or other identifying location of the allegedly infringing product and/or content, and a description of how you believe the product and/or content infringes your or your principal’s IPR.

                  13.4.6.         Contact information: the Complainant’s e-mail address, telephone number and fax number (if any).

                  13.4.7.         Good-faith statement: a statement by you that:

                                               13.4.7.1.         you have a good-faith belief that the use of the allegedly infringing product and/or content is not authorised by you, your agents, or the law;

                                              13.4.7.2.         the information in your notice is accurate;

                                              13.4.7.3.         you require us to remove or disable access to the alleged infringing product and/or content;

                                              13.4.7.4.         that you are the IPR Owner or authorised to act on the IPR Owner’s behalf; and

                                              13.4.7.5.         you agree to submit to the jurisdiction of the Singapore courts.

                  13.4.8.         Others: any other materials that can support your notice.

14.              Sub-contracting by Us

We reserve the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents (collectively, “Service Providers”) to perform any part of the services necessary for providing the Site and Services as we deem appropriate.

15.              Personal Data Protection

15.1.              You will be required to submit such personal data, payment and credit card information, delivery information and other data and information as may be required to register an Account, process your transactions and payments, arrange for delivery and invoicing, provide the Services, provide customer support, provide Site administration, and related services (each a “Permitted Purpose”). By submitting such personal data and information, you consent to the collection, use, processing and retention of such personal data and information by us and our Service Providers for payment processing services, warehousing and delivery services, and other services necessary for providing the Site and Services, as may be necessary for the Permitted Purposes applicable to us or each such Service Provider.

15.2.              All information and personal data submitted by you shall be subject to the Privacy Policy. We shall keep, and require the Service Providers to keep, such information and personal data confidential and not use the same for any purpose other than the Permitted Purposes, provided that we shall not be liable for any Loss in the event of any unauthorised use or disclosure of such information or personal data by the Service Providers.

16.              Indemnity

16.1.              By using the Site and/or Services, you agree to indemnify, hold harmless, and defend us, our affiliates, officers, directors, employees and agents, to the fullest extent permitted by applicable law, from and against any and all Loss incurred, arising out of or relating to:

                    16.1.1.         your access to, reliance on, and/or use of the Site, Services, and/or Carousell Mobile Materials;

                   16.1.2.         any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms;

                   16.1.3.         any actual or alleged violation of any third party right, including without limitation any intellectual property or data protection right;

                   16.1.4.         your failure to comply with any applicable laws and regulations in connection with your use of the Site, Services, and/or Carousell Mobile Materials;

                   16.1.5.         Your failure to comply with Clause 5.2.6 and any data loss, actual or alleged violation of any data protection right arising from an improper deletion or removal of confidential and/or personal data from the Second-hand Device prior to being handed over to us;

                   16.1.6.         any claim that your use of the Site caused loss, damage, injury or death to a third party; and/or

                   16.1.7.         any other liabilities incurred through your use of the Services including the Site.

16.2.              The above indemnification obligation will survive the expiry or termination of this Agreement, and your use of the Site and/or Services.

17.              Disclaimer of Warranties

17.1.              We are not affiliated, associated, authorised, endorsed by, or in any way officially connected with the brands we carry, any of such brand’s subsidiaries or affiliates. The brand names, marks and emblems are registered trademarks of the respective owners.

17.2.              To the fullest extent permitted by applicable law and unless expressly agreed otherwise in writing, Carousell Mobile, its Service Providers, their respective affiliates, licensors, directors, officers, agents, and employees expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros.

17.3.              We will use reasonable efforts to keep the Site and Services operational. However, you acknowledge and agree that there will be circumstances that may, from time to time, result in temporary interruptions or downtime, errors, or unavailability or limited availability of the Site and/or Services, including but not limited to routine or emergency support or maintenance, updates, upgrades or other development activity, and technical malfunctions of the underlying software, equipment, services or infrastructure.

17.4.              Neither we nor any other Service Provider warrants uninterrupted use, operation, or availability of the Site, Services and/or any Carousell Mobile Materials, or that your use of the Site and Services will be secure, timely, bug-free or error-free, free or viruses or other harmful components, or that any submission or transaction request you attempt using the Site or Services will be successful, uncorrupted, or completed within a reasonable amount of time or meet any performance or reliability standards. You will be solely responsible for any delay or loss of any kind that results from your access to, or use of, the Services, the Site and/or the Carousell Mobile Materials.

17.5.              We do not warrant, endorse, guarantee or assume responsibility for any third party information, materials, content, or any other product or service produced or provided by a third party, including courier or delivery services and other users of the Site. Consequently, we will not be responsible for any transaction between you and third party providers of third party products, and/or services, or for any acts or omissions of such third parties.

17.6.              No advice or information, whether oral or written, obtained by you from us or any other Service Provider through or from the Services, will create any warranty regarding the Services that is not expressly stated in this Agreement.

17.7.              You acknowledge and agree that:

                    17.7.1.         your use of the Site and/or the Services, including, without limitation, your use of any Carousell Mobile Materials or intellectual property owned by us, is at your sole risk;

                   17.7.2.         the Site, Services, and all Carousell Mobile Materials are provided on an "as is" and "as available" basis;

                   17.7.3.         we endeavour to ensure, but does not guarantee, that the content displayed on the Site will be accurate or up to date and as such is not liable for any Loss suffered arising out of or due to your reliance on any information provided on the Site or through the Services;

                   17.7.4.         we endeavour to ensure, but will not be able to ascertain, the quality or reliability of all materials and information posted on the Site and will not be held liable for any Loss suffered by you arising out of or due to any errors or inaccuracies on the Site;

                   17.7.5.         we are not liable for any viruses, spyware, defects, errors, or malfunctions to computers that arise out of your usage of the Site;

                   17.7.6.         we are not liable for any potentially offensive, illegal, infringing, objectionable or offensive text, images, photographs, content, or material posted by third parties during their use of this Site and/or the Services and that all information and materials (regardless of type and form) are the sole responsibility of the person from whom it originated;

                   17.7.7.         we are not liable for any reliance on any information, opinions or views expressed by us on the Site;

                   17.7.8.         there may be occasional errors in the use of the Site and the Services, and we are not liable for any Loss to you that may arise as a result of those errors; and

                   17.7.9.         the above disclaimers and limitations are required for us to provide you and other users with the full and complete Services requested and enable the Services to be provided to you.

18.              Termination

18.1.              Notwithstanding any other provision in this Agreement to the contrary, we reserve the right, without notice or cause and in its sole discretion, to terminate this Agreement and/or any Account. 

18.2.              We reserve the right to cancel, terminate, and/or suspend your access to and use of the Site, Services, and/or your Account at any time at its sole and absolute discretion without notice or justification, and/or terminate this Agreement, including without limitation in the event of unauthorised or suspected unauthorised use of the Site and/or the Services, whether in contravention of this Agreement or otherwise. We reserve the right to consequently reject, cancel, or delete any sales, listings, promotions or other features associated with you and your Account.

18.3.              Any suspension, termination or other action by us set out in these Terms will not limit any other remedies we may have against you at law or equity.

19.              Effect of Termination

19.1.              Upon termination of this Agreement, the Services, or your Account, for any reason:

                    19.1.1.         you will lose all access to your Account, and to any content, materials or information relating to it.  Subject to the applicable data protection and privacy laws, we will have no obligation to maintain any information stored in its database related to your Account, or to forward any information to you or any third party;

                   19.1.2.         we will have no further obligation to provide the Services, and all licences and other rights granted to you under these Terms will immediately cease. We will not be liable to you or to any third party for such termination and cessation;

                   19.1.3.         all accrued and outstanding amounts due from you to us shall immediately become due and payable.

19.2.              Any suspension, termination or cancellation of this Agreement, the Site, Services, or your Account will not affect any of your obligations to us under these Terms which by their meaning and context are intended to survive such suspension, termination or cancellation.

20.              Limitation of Liability

20.1.              Subject to Clause 20.3 and to the fullest extent permitted under applicable law, under no circumstances shall we be liable for (a) any indirect, incidental, special, consequential, or exemplary Loss or damages, including, without limitation, damages for loss of profits, business, revenue, goodwill, anticipated savings, use, data, or other intangible losses (even if we have been advised of the possibility of such loss or damages), whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of this Agreement; or (b) any direct Losses:

                   20.1.1.         resulting from your access to or use of, or your inability to access or use, the Site, Services or any Carousell Mobile Materials;

                  20.1.2.         resulting from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond our reasonable control, including but not limited to acts of God, communications failure, global positioning failure, theft, destruction, or unauthorised access to our records, programs, or services;

                  20.1.3.         resulting from any act or omission of a Service Provider, a Partner or any other third party; or

                  20.1.4.         which may arise as a result of or otherwise howsoever in connection with any error, interruption, delay, failure or other technical breakdown or problem whatsoever and however caused of third party equipment, third party software, or third party firmware, or any other equipment, software, firmware or service of our third party service providers, or agents, including any Service Provider or Partner or any platform or facilities of such Service Provider or Partner, credit card or other payment method companies, banks and/or other third party providers (including without any limitation, telecommunication problems, power supply problems, Internet-related problems, problems with accessing, viewing, or hosting the Site, third party websites, problems with computer systems and information systems, third party problems, payment gateway problems, problems with FTP, POP, IMAP, SMTP, acts and omissions of customers and third parties) or caused by any emergency measure which may be taken by us in the event of any such failure. 

20.2.              Notwithstanding any other provision of this Agreement, our liability to you under or in relation to this Agreement or the performance of our obligations hereunder, for any and all causes of action in relation to the Site, Services or any Carousell Mobile Materials, and this Agreement, shall not in any event exceed the total amount of fees and charges paid by you to us for the Services from which such liability arose.

20.3.              Nothing in these Terms shall limit or exclude any liability for death or personal injury caused by our negligence.

21.              Notices

21.1.              Any notice, demand or other communication sent by us shall be sent to the contact details notified by you (including by email or by text messages via messaging platforms such as WhatsApp), and you shall be responsible for ensuring that the contact details provided are correct and current.

21.2.              Any notice, demand or other communication sent by us shall be deemed to have been received by you:

                   21.2.1.         if personally delivered, at the time of delivery;

                  21.2.2.         if sent by post, two Singapore business days after the date of posting;

                  21.2.3.         if by email, upon completion of transmission directed to the email address notified by you, unless we receive a non-delivery or error message indicating that the email was not successfully sent to the recipient’s mailbox or mail server;

                  21.2.4.         If by text message, at the time of which it was sent.

22.              Entire Agreement

This Agreement, including these Terms, the Privacy Policy, any service agreement you enter into, and any other terms referred to in this Agreement, constitutes the entire agreement between you and us in relation to your use of the Site and Services, and supersedes any prior agreements, undertakings, representations, and warranties in relation to the Site and/or the Services, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Terms in any written or oral communication from you to us are void unless agreed to in writing by us. You agree and accept that you have not accepted the Terms in reliance of or to any oral or written representations made by us which are not contained in these Terms.

23.              Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act

23.1.              You agree, represent, warrant, covenant and undertake as follows:

                   23.1.1.         that it is a condition precedent to the sale of each Second-hand Device to us that no confiscation order, charging order, restraining order, production order or search warrant under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) or any statutory modification or any statutory provision pursuant to which the said Act may be amended or revised or which is a substitution therefor (the “CDTA”) has been issued against you and/or your property or assets;

                  23.1.2.         that no confiscation order, charging order, restraining order, production order or search warrant under the CDTA has been issued or is pending against you and/or your property or assets; and

                  23.1.3.         to notify us in writing immediately if a confiscation order, charging order, restraining order, production order or search warrant under the CDTA is issued against you and/or your property or assets.

24.              Illegality & Waiver

24.1.              If any provision of this Agreement is agreed by us or held by any competent authority to be illegal, void or unenforceable under any law that is applicable hereto, this Agreement shall continue in force save that such provision shall be deemed to be excised herefrom with effect from the date of such agreement or decision or such earlier date as the parties may agree.

24.2.              No failure or delay or partial exercise by us in exercising its rights, power or remedies under this Agreement shall operate as a waiver of that or any other right, power or remedy unless we have waived our rights, powers or remedies in writing.

24.3.              No waiver of our rights, powers or remedies in respect of a breach of this Agreement by you shall be:

                  24.3.1.         effective unless made in writing and signed by us;

                 24.3.2.         deemed to be a waiver of any subsequent breach of that or any other provision of this Agreement.

25.              Survival

The terms, provisions, representations, and warranties contained in these terms that by their sense and context are intended to survive the completion of performance under, expiration or termination of this Agreement (including but not limited to indemnification, disclaimers, representations, and warranties) shall so survive the completion of performance, expiration or termination of this Agreement.

26.              Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with Singapore law.  The parties hereby submit to the exclusive jurisdiction of the Singapore courts.

27.              Rights of Third Parties

A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

 

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