1.1 Welcome to the carousell platform (the "Site"). Before using the Site or opening a carousell account ("Account"), please read the following Terms of Service carefully so that you are aware of your legal rights and obligations with respect to carousell. The "Services" we offer or provide include (a) the Site, (b) the Site and the services offered through the carousell client software available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sound, video (including live streaming), messages, tags, content, programming, software, application services, and other services provided by carousell. content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its associated services ("Content"). Any new features added to or enhancements to the Services are also subject to these Terms of Service. These Terms of Service govern your use of the Services provided by carousell. 1.2 The Services include online platform services for Buyer ("Buyer") and Seller ("Seller") (collectively, "You", "User" or "Parties"). " or "Parties") to provide a venue and opportunity for the sale of goods between Buyer ("Buyer") and Seller ("Seller") (collectively, "You", "User" or "Parties"). The actual contract of sale is directly between Buyer and Seller, and carousell is not a party to such contract or any other contract between Buyer and Seller and does not accept any obligation in connection with any such contract. The parties to such transactions will be solely responsible for the sales contracts, merchandise listings, purchase warranties, etc., between them. carousell is not involved in transactions between users. carousell may or may not pre-screen users or content or information provided by users. carousell reserves the right to remove any content or information you post on the site in accordance with section 6.4 herein. 1.3 Before becoming a user of the Site, you must read and accept all of the terms and conditions in and related to these Terms of Service, and you must agree to the processing of your personal data as described in the Privacy Policy linked here. 1.4 carousell reserves the right to change, modify, suspend or discontinue all or any part of the Site or the Services at any time or upon notice as required by local law, and carousell may release certain Services or features thereof in beta, which may not function properly or in the same manner as the final version, in which case we assume no responsibility. carousell may also, in its sole discretion, limit certain features or restrict your access to parts or the entire Site or Services without notice or liability. 1.5 carousell reserves the right to refuse to provide you with access to the Site or Services or to allow you to open an account for any reason.By using the carousell Services or opening an account, you irrevocably accept and agree to the terms of this Agreement, including the additional terms and conditions and policies referenced and/or linked to herein. If you do not agree to these terms, please do not use our services or access the site. If you are under the age of 18 or the legal age of consent to this Agreement under the applicable laws of your country ("Legal Age"), you must obtain permission from a parent or legal guardian to open an account and such parent or legal guardian must agree to the terms of this Agreement. If you do not know whether you are of legal age or do not understand this section, do not create an account until you have asked your parent or legal guardian for assistance. If you are the parent or legal guardian of a minor creating an account, you must accept the terms of this Agreement on behalf of the minor and you will be responsible for all use of the account or use of the Company's services in connection with the account. 2. Privacy 2.1 Your privacy is very important to carousell. To better protect your rights, we have provided carousell' Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how carousell collects and uses information related to your account and/or your use of the Services ("User Information"). By using the Services or providing information on the Site, you. (i) consent to the collection, use, disclosure and/or processing of your content, personal data and User Information by carousell as described in the Privacy Policy. (ii) agree and acknowledge that ownership of your User Information is shared by you and carousell; and (iii) not disclose your User Information, directly or indirectly, to any third party or otherwise allow any third party to access or use your User Information without carousell' prior written consent. 2.2 Users who have personal data about other Users through their use of the Services ("Recipient") hereby agree that they will (i) comply with all personal data protection laws applicable to any such data; (ii) allow Users whose personal data has been collected by the Recipient ("Disclosing Party") to ") to remove his or her data so collected from the Recipient's database; and (iii) in each case of (ii) and (iii) above, allow the Disclosing Party to review what information about them has been collected by the Recipient in accordance with and to the extent required by applicable law. 3. Limited License 3.1 carousell grants you a limited and revocable license to access and use the Services in accordance with the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property displayed on the Site ("Intellectual Property") are the property of carousell and, where applicable, the third party owners identified on the Site. No right or license to use or reproduce any Intellectual Property is granted, directly or indirectly, by any party accessing the Site, and no party accessing the Site may claim any right, title or interest therein. By using or accessing the Services, you agree to comply with the copyright, trademark, service mark and all other applicable laws protecting the Services, the Site and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of the Services, the Site, or any portion of its content. You also may not mirror or frame any part or all of the Site on any other server or as part of any other website without our prior written consent. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content (such consent being considered standard search engine technology employed by Internet search sites) to direct Internet users to the Site without our prior written consent). Mirror or build any part or all of the content of the Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content (such consent being considered standard search engine techniques employed by Internet search sites) to direct Internet users to this Site without our prior written consent). Mirror or build any part or all of the content of the Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automated device or manual process to monitor or copy our Content (such consent being considered standard search engine techniques employed by Internet search sites) to direct Internet users to the Site without our prior written consent). 3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement or association with carousell. You acknowledge that carousell may, in its sole discretion, discontinue providing some or all of the Services at any time without notice. 4. Software 4.1 Any software that we provide to you as part of the Services is subject to these Terms of Service, and carousell reserves all rights in software not expressly granted by carousell. Any third party scripts or code linked or referenced in connection with the Services are licensed to you by the third party that owns such scripts or code and not by carousell. 5. Accounts and Security 5.1 Certain features of our Services require registration for an account by selecting a unique user identification ("User ID") and password and providing certain personal information. carousell reserves the right to suspend or terminate your account if you select a User ID that carousell unilaterally determines to be objectionable or inappropriate. You may be able to use your account to access other products, websites or services to which we have enabled access or with which we have bundled or partnered. carousell has not reviewed and is not responsible for any third party content, features, security, services, privacy policies or other practices of these products, websites or services. If you do so, the terms of service for such products, sites or services, including their respective privacy policies 5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out of your account at the end of each session on the Site, (c) immediately notify carousell of any unauthorized use of your account, User ID and/or password, and (d) ensure that your account information is accurate and up-to-date. You are solely responsible for all activities that occur under your User ID and account, even if such activity or use is not attributable to you, and carousell will not be liable for any loss or damage resulting from the unauthorized use of your password or your failure to comply with this section. 5.3 You agree that carousell may, with or without notice to you or any third party, immediately suspend, freeze or terminate your account and your User ID for any reason, remove or discard anything associated with your account and User ID from the Site, revoke any subsidy provided to you, cancel any transactions associated with your account and User ID, temporarily or, in more severe cases, permanently withhold any sales proceeds or refunds, and/or take any other action that carousell deems necessary. The grounds for such actions may include, but are not limited to, actual or suspected (a) prolonged inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) unlawful, fraudulent, harassing, defamatory, threatening or abusive conduct (d) having multiple user accounts, (e) purchasing products on the Site for commercial resale purposes, (f) unusual or excessive purchases from the same seller or a related group of sellers, (g) ) voucher abuse (including, but not limited to, selling vouchers to third parties, selling vouchers or other credits at a higher price than face value and/or abnormal or excessive use of vouchers on the Site), or (h) commercial gain against other users, third parties or carousell. Use of accounts for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement agencies without notice to you. If a legal dispute or law enforcement action arises for any reason in connection with your account or your use of the Services 5.4 Users may terminate their accounts if they notify carousell in writing (包括通过电子邮件[email protected]) that they wish to do so. Notwithstanding any such termination, the user remains liable for any incomplete transactions (whether commenced prior to or after such termination), shipment of products, payment for products, etc., and the user must complete all outstanding transactions before he or she can promptly contact carousell and validly perform and complete them in accordance with the Terms of Service. carousell assumes no responsibility and shall not be liable for any damages resulting from actions taken under this section. any damages resulting from actions taken under this section. user waives any and all claims based on any such action taken by carousell. 5.5 If you are located in one of our approved countries, as updated by us from time to time, you may only use the Services and/or open an account. 6. Terms of Use 6.1 The license to use the Site and the Services will remain in effect until terminated. This license will terminate in accordance with the provisions of these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such case, carousell may effect such termination with or without notice to you. 6.2 You agree not to. (a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially objectionable on a racial or other basis. (b) Violate any law, including, without limitation, any laws or regulations relating to import or export restrictions, the rights of third parties, or our prohibited and restricted items policy. (c) Upload, post, transmit or otherwise make available any content featuring unsupervised minors, or use the Services to harm minors in any way. (d) Use the Services or upload content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity. (e) Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Services. (f) Remove any proprietary notices from the Site. (g) Cause, permit or authorize the modification, creation of derivative works or translation of the Services without the express permission of carousell. (h) Use the Services in any way that is not permitted for the benefit of any third party or as permitted by the license granted herein. (i) Use the Services or upload Content in a fraudulent, unconscionable, false, misleading or deceptive manner. (j) Open and/or operate multiple user accounts for any violation of the letter or spirit of these Terms of Service. (k) Accessing the carousell Platform, opening a User Account or otherwise accessing your User Account using an emulator, simulator, robot or other similar hardware or software. (l) Manipulate the price of any item or interfere with another user's listing. (m) Take any action that may disrupt the feedback or rating system. (n) Attempt to decompile, reverse engineer, disassemble or crack the Services (or any part thereof) or to defeat or overcome any encryption technology or security measures implemented by carousell for the Services and/or data transmitted, processed or stored by carousell. (o) Obtain or collect any information about other account holders, including, without limitation, any personal data or information. (p) Upload, send by email, post, transmit or otherwise make available any content that you are not entitled to provide under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of) employment relationships or confidentiality agreements). (q) Upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party. (r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters ", "pyramid scheme" or any other unauthorized form of solicitation. (s) Upload, e-mail, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses or any other computer code, routines, files or programs designed to interfere with, manipulate, interrupt, destroy or limit, directly or indirectly, the functionality or integrity of any computer software or hardware or data or telecommunications equipment. (t) Disrupt the normal flow of dialogue, cause the screen to "scroll" faster than other users of the Service can type, or otherwise adversely affect the ability of other users to communicate in real time. (u) Interfere with, manipulate or disrupt the Services or the servers or networks connected to the Services or any other user's use and enjoyment of the Services, or fail to comply with any requirements, procedures, policies or regulations of the networks connected to the Site. (v) Take any action or engage in any conduct that may directly or indirectly damage, disable, overburden or impair the Services or the servers or networks connected to the Services. (w) Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation, including, without limitation, laws and requirements (whether or not having the force of law) ) relating to anti-money laundering or counter-terrorism. (x) Use the Services to violate or circumvent any sanctions or embargoes imposed or enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control, the United Nations Security Council, the European Union or the United Kingdom Treasury. (y) Use the Services to invade the privacy of others or to "stalk" or otherwise harass others. (z) Violate carousell' rights, including any intellectual property rights and any counterfeiting thereof. (aa) use the Services to collect or store personal data about other users in connection with the prohibited conduct and activities described above; and/or (bb) list items that infringe a third party's copyright, trademark or other intellectual property rights or use the Services in a manner that infringes upon the intellectual property rights of others. (cc) direct or encourage other users to conduct transactions outside of the Site. 6.3 You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you (and not carousell) are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Site. You understand that by using the Site, you may be exposed to content that you find offensive, indecent or objectionable. to the maximum extent permitted by applicable law, in no event will carousell be liable for any content, including, without limitation, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of or reliance on any content posted on, sent by e-mail, transmitted or otherwise made available on the site. 6.4 You acknowledge that carousell and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including, without limitation, any Content or information posted by you, available on the Site without any liability to you. Without limiting the foregoing, carousell and its designees shall have the right to remove (i) any Content that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another user; (iii) if we receive a notice or allegation of intellectual property infringement or other legal direction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block the transmission of communications (including, without limitation, status updates, postings, messages and/or chats) as part of our efforts to protect the Services or our users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate and bear all risks associated with the use of any Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you have not, and to the maximum extent permitted by applicable law, may not, rely on any Content created by or submitted to carousell, including, but not limited to, the carousell Forums and all other portions of the Information Site. and assume all risks associated with the use of any Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you have not, and to the fullest extent permitted by applicable law, may not, rely on any Content created by or submitted to carousell, including, without limitation, the informational sites in the carousell Forums and all other sections. and assume all risks associated with the use of any Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you have not, and to the maximum extent permitted by applicable law, may not, rely on any Content created by carousell or submitted to carousell, including, without limitation, the information sites in the carousell Forums and all other sections. 6.5 You acknowledge, agree and consent that carousell may access, preserve and disclose your account information and content to any legal, regulatory or governmental authority, relevant rights owner or other third party (if required to do so by law pursuant to an order) lawful request of a court or any governmental or regulatory authority having jurisdiction over carousell, or in good faith believing that such access protection or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; and (e) protect the rights, property or personal safety of carousell, its users and/or the public. 7. Violation of Our Terms of Service 7.1 Violations of this policy may result in a range of actions, including, but not limited to, any or all of the following. - deletion of listings - Restrictions on account permissions - Account suspension and subsequent termination - criminal charges - civil actions, including but not limited to claims for damages and/or interim or injunctive relief 7.2 If you believe that a user on our Site has violated these Terms of Service, please contact [email protected]. 8. Reporting Intellectual Property Infringement 8.1 As noted above, carousell does not permit the posting of goods that infringe the intellectual property rights of brands or other intellectual property owners ("IP Owners"). 8.2 Unless otherwise expressly stated, Users are independent individuals or businesses who are not affiliated with carousell in any way, and carousell is neither an agent nor a representative of Users and does not hold and/or own any of the merchandise listed on the Site. Location. 8.3 If you are an intellectual property owner or a duly authorized agent of an intellectual property owner ("IPR Agent") and you believe that your rights or the rights of a principal have been violated, please support your claim by submitting an Intellectual Property Rights (IPR) form and providing us with the documentation requested below. Please allow time for us to process the information provided and carousell will respond to your complaint as soon as possible. 8.4 Complaints filed under this Section 8 must be provided in a form prescribed by carousell, which may be updated from time to time, and must include, at a minimum, the following: (a) a physical or electronic signature of the IPR owner or IPR agent (collectively, the "Informant"); (b) a description and proof of rights in the type and nature of the IPR allegedly infringed; and (c) a description of the nature of the alleged infringement and proof of rights; (d) a URL containing a list of the alleged infringement; (e) information sufficient to permit carousell to contact the whistleblower, such as the whistleblower's physical address, telephone number, and email address; (f) a statement by the whistleblower that the complaint is made in good faith and that (g) a statement by the whistleblower that the information in the notice is accurate, that the whistleblower will indemnify us for any damages we may suffer as a result of the information provided by the whistleblower, and that the whistleblower has the proper rights or is authorized to act on behalf of the owner of the intellectual property in all matters relating to the complaint. 8.5 carousell acknowledges that manufacturers have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for their products. However, a breach of such agreements does not constitute an infringement of intellectual property rights. Because the enforcement of such agreements is a matter between the manufacturer and the seller, carousell does not assist in such enforcement activities and does not enforce exclusive distribution rights or price control matters, except in countries where there are laws specifically governing selectivity or exclusivity in distribution. 8.6 Each Seller agrees to hold carousell and its affiliates harmless from all claims, causes of action, damages and judgments arising out of or related to any claim of intellectual property infringement or any deletion of any content or product listing. 9. Purchase and Payment 9.1 carousell supports one or more of the following payment methods in each country in which it operates. (i) Credit Card Card payments are processed through third party payment channels and the types of credit cards accepted by these payment channels may vary depending on the jurisdiction in which you are located. (ii) Cash on Delivery (COD) carousell offers cash on delivery services in select countries. Buyers may pay cash directly to the delivery agent upon receipt of the purchased item. (iii) Bank Transfer Buyer may make payment to our designated carousell Guaranteed Account (as defined in Section 12) via ATM or online bank transfer ("Bank Transfer"). Buyer must provide a transfer receipt or payment transaction reference to carousell through the "Upload Receipt" feature in the carousell application as confirmation of payment. If carousell does not receive confirmation of payment within three (3) days, Buyer's order will be cancelled. (iv) Installment Purchase Plan For orders over RM 500, Buyer may pay in installments. Installment payments are processed through a third party channel. The banks that currently support the installment plan are Maybank and Public Bank. (v) Deferred payment using SPayLater service (if applicable) Buyer can make deferred payment for eligible orders using the SPayLater service provided by SeaMoney Capital Malaysia Sdn. Bhd ("SeaMoney"). In order to provide the SPayLater service, SeaMoney will enter into a receivables purchase arrangement with an Eligible Seller for the Seller to sell the Buyer's receivables to SeaMoney in exchange for payment from SeaMoney. 9.2 Buyer may only change its preferred payment method for purchases prior to payment. 9.3 carousell is not responsible for any loss or damage to Buyer resulting from shipping information and/or payment information entered by Buyer or incorrect remittance of funds by Buyer in payment for a purchased item. We reserve the right to check whether Buyer is duly authorized to use certain payment methods and may suspend the transaction until such authorization is confirmed, or cancel the relevant transaction if such confirmation cannot be obtained. 10. Seller's Wallet 10.1 Your Account allows for the storage of money received by you from the proceeds of sales on the Platform ("Seller's Wallet"). The total of this amount minus any withdrawals will be reflected as your Seller Wallet balance. 10.2 Payments for items you sell on carousell shall be credited to your Seller's Wallet within three (3) days of delivery of the item to the Buyer or immediately after the Buyer confirms that they have received the item. 10.3 Once submitted, you may not modify or cancel a withdrawal request at will. 10.4 If an error occurs in the processing of any transaction, you authorize us to initiate a debit or credit entry to your designated bank account to correct the error, provided that any such correction complies with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit and any applicable fees to any other bank account or payment instrument you have on file with us or to deduct the debit and applicable fees from your Seller's Wallet in the future. If we are unable to credit your alternative account for any reason, we reserve the right to process or dispose of such funds in accordance with applicable law, including submitting such funds to the Unclaimed Funds Registry (Jabatan Akautan Negara Malaysia) as required by the U.S. Unclaimed Funds Act (the "Registry "). In such case, you may recover your unclaimed funds directly from the Registrar, less any fees or charges that may have been imposed, without further recourse to us. 10.5 You authorize us to initiate a debit or credit entry to your Seller's Wallet to. (i) to correct any errors in the processing of any transaction. (ii) When carousell determines that you have engaged in fraudulent or suspicious activity and/or transactions. (iii) in connection with any lost, damaged or incorrect items. (iv) in connection with any reward or rebate. (v) in connection with any uncollected fees. (vi) in connection with the resolution of any transaction dispute, including any compensation due to or from you. (vii) in connection with any prohibited items or items detained by customs. (viii) in connection with any change of mind agreed to by the buyer and seller. (ix) to recover any outstanding amounts you owe us (including late fees and/or interest); and (x) to purchase Ad Credits where you have activated the Ad Credit top-up feature and your Ad Credits are below your Ad Credit minimum amount. 10.8 We reserve the right to limit, freeze or suspend your Seller Wallet for any reason, including your failure to repay outstanding amounts owed to us by the due date.
