Terma & Syarat

1. INTRODUCTION

1.1 Welcome to the CoopMall platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a CoopMall account (“Account”) so that you are aware of your legal rights and obligations with respect to CoopMall. The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by CoopMall client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by CoopMall.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and CoopMall is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. CoopMall is not involved in the transaction between Users. CoopMall may or may not pre-screen Users or the Content or information provided by Users. CoopMall reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. CoopMall cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 CoopMall reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. CoopMall may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. CoopMall may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 CoopMall reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING COOPMALL SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

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 FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2. PRIVACY

2.1 Your privacy is very important to us at CoopMall to better protect your rights we have provided the CoopMall Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how CoopMall collects and uses the information associated with your.

2.2 Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

(i) consent to CoopMall’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and CoopMall; and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without CoopMall’s prior written consent.

2.3 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3. LIMITED LICENSE

3.1 CoopMall grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of CoopMall and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall 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 that protect 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 any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this 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, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with CoopMall. You acknowledge that CoopMall may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. CoopMall reserves all rights to the software not expressly granted by CoopMall hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by CoopMall.

5. ACCOUNTS AND SECURITY

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that CoopMall, in its sole discretion, finds offensive or inappropriate, CoopMall has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. CoopMall has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

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 from your account at the end of each session on the Site, (c) immediately notify CoopMall of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. CoopMall will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that CoopMall may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that CoopMall deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (h) behavior that is harmful to other Users, third parties, or the business interests of CoopMall. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, CoopMall may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify CoopMall in writing (including via email at support) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact CoopMall after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. CoopMall shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by CoopMall.

5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

6. TERM OF USE

6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, CoopMall 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, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;

(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor 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 in order 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 CoopMall;

(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(k) access the CoopMall platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;

(l) manipulate the price of any item or interfere with other User’s listings;

(m) take any action that may undermine the feedback or ratings systems;

(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by CoopMall with respect to the Services and/or data transmitted, processed or stored by CoopMall;

(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;

(s) upload, email, 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 directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(t) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;

(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(v) take any action or engage in any conduct that could 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 in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;

(y) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;

(z) infringe the rights of CoopMall, including any intellectual property rights and any passing off of the same thereof;

(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

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 CoopMall, are entirely 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 may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will CoopMall be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.4 You acknowledge that CoopMall and its designees shall 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, that is available on the Site without any liability to you. Without limiting the foregoing, CoopMall and its designees shall have the right to remove any Content (i) 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 instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort 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 CoopMall or submitted to CoopMall, including, without limitation, information in CoopMall Forums and in all other parts of the Site.

6.5 You acknowledge, consent to and agree that CoopMall may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over CoopMall or in a good faith belief that such access preservation 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; or (e) protect the rights, property or personal safety of CoopMall, 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, without limitation, any or all of the following:

• Listing deletion
• Limits placed on Account privileges
• Account suspension and subsequent termination
• Criminal charges
• Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our Site is violating these Terms of Service, please contact help CoopMall Center./ (@email CoopMall)

8. PURCHASE AND PAYMENT

8.1 CoopMall supports one or more of the following payment methods in each country it operates in:

(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

(ii) Cash on Delivery (COD)
CoopMall provides COD services in selected countries. Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.

(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated CoopMall Guarantee Account (as defined in Section 12). Buyer must provide CoopMall with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in CoopMall’s app as payment confirmation. If payment confirmation is not received by CoopMall within three (3) days, Buyer’s order will be cancelled.

(iv) Instalment Purchase Plan

Buyers may pay via instalment for orders exceeding RM 500. Payment via instalments are processed through third-party channels. The banks that currently support instalment plans are Maybank and Publicbank .

8.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.

8.3 CoopMall takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

9. SELLER WALLET

9.1 Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“Seller Wallet”). The sum of this money, minus any withdrawals, will be reflected as your Seller Wallet’s balance.

9.2 You may transfer funds from your Seller Wallet (up to the amount of your CoopMall Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. CoopMall may also automatically transfer funds from your Seller Wallet to your Linked Account on a regular basis, as determined by CoopMall. CoopMall shall only process such transfers on business days and such transfers may take up to two business days to be credited to your Linked Account.

9.3 Sellers are entitled to one (1) free Withdrawal Request per week (“Weekly Withdrawal Limit”). CoopMall may impose a fee of RM0.12 for each additional Withdrawal Request made in excess of the Weekly Withdrawal Limit (“Withdrawal Fee”). The Withdrawal Fee is subjected to Sales and Service Tax (“SST”). The Weekly Withdrawal Limit and the Withdrawal Fee are subject to change at CoopMall’s discretion.

9.4 Money from your sale of items on CoopMall shall be credited to your Seller Wallet within three (3) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item.

9.5 Once submitted, you may not modify or cancel a Withdrawal Request.

9.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance 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, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Seller Wallet in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

9.7 You authorize us to initiate debit or credit entries to your Seller Wallet:

(i) to correct any errors in the processing of any transaction;

(ii) where CoopMall has determined 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 rewards or rebates;

(v) in connection with any uncharged fees;

(vi) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;

(vii) in connection with any banned items or items that are detained by customs;

(viii) in connection with any change of mind agreed to by both Buyer and Seller; and

(ix) to purchase Advertising Credits where you have activated the Advertising Credits Top Up Feature and your Advertising Credits have fallen below your Advertising Credits Minimum Amount.

10. SELLER’S RESPONSIBILITIES

10.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.

10.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.

10.3 Seller agrees that CoopMall may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

10.4 For the purpose of promoting the sales of the items listed by Seller, CoopMall may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by CoopMall.

10.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

10.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and CoopMall cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

10.7 Seller acknowledge and agrees that Seller’s violation of any of CoopMall polices will result in a range of actions as stated in Section 7.1.

11. COOPMALLE GUARANTEE

11.1 CoopMall Guarantee is a service provided by CoopMall or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by CoopMall or its authorised agent (“CoopMall Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into CoopMall Guarantee Account.

11.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in CoopMall Guarantee Account until:

(a) Buyer sends confirmation to CoopMall that Buyer has received his/her goods, in which case, unless 12.2(d) applies, CoopMall will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping fee (if applicable), the Transaction Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in CoopMall Guarantee Account to Seller;

(b) CoopMall Guarantee Period (or any approved extension under 12.3) expires, in which case, unless 12.2(c) or 12.2(d) applies, CoopMall will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in CoopMall Guarantee Account to Seller;

(c) CoopMall determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 12.2(d) applies, CoopMall will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;

(d) such other time as CoopMall reasonably determines that a distribution of Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.

CoopMall Guarantee is only offered to Buyers who have made payment through the channels provided by CoopMall into CoopMall Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under CoopMall Guarantee.

11.3 Payments made through CoopMall channels will be held in the CoopMall Guarantee Account for a specified period of time (the “CoopMall Guarantee Period”). To find out more about the CoopMall Guarantee Period, please click this link. Buyer may apply for a one-time extension of CoopMall Guarantee Period prior to the expiry of the applicable CoopMall Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, CoopMall Guarantee Period may be extended for a maximum period of three (3) days unless CoopMall in its sole discretion determines that a longer extension is appropriate or required.

11.4 If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, CoopMall will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted for more than twelve (12) months after the become due to the Seller and the Buyer’s Purchase Monies remain unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

11.5 Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. CoopMall may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants CoopMall his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises CoopMall to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how CoopMall

11.6 The CoopMall Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the CoopMall Guarantee. The CoopMall Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and CoopMall CoopMall accepts no liability in connection with the same. Without limitation, the CoopMall Guarantee does not constitute a product warranty.

11.7 Buyer and Seller acknowledge and agree that CoopMall’s decision (including any appeals) in respect of and relating to any issues concerning the CoopMall art Guarantee is final.

11.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by CoopMall Guarantee.

12. DELIVERY AND PERFORMANCE

12.1 CoopMall will inform Seller when CoopMall receives Buyer’s Purchase Monies. Unless otherwise agreed with CoopMall, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.

12.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the CoopMall Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing.

12.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that CoopMall ach out to the logistic service provider to resolve such dispute.

12.4 For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Seller based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that CoopMall cannot provide any legal advice in this regard and agrees that CoopMall shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.

12.5 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Seller and CoopMall in such proportions as may be determined by CoopMall and published on the Site from time to time. CoopMall shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the Seller’s proportion of the Shipping Fee from the Buyer’s Purchase Monies in accordance with Section 12.2, and (iii) pay the total Shipping Fee to the delivery company.

12.6 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

12.7 CoopMall has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

12.8 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and CoopMall shall not be liable for any delay in delivery or performance howsoever caused.

12.9 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to CoopMall, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If CoopMall fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

12.10 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify CoopMall of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as CoopMall ‘s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. CoopMall shall be entitled at any time to demand the Buyer to deliver up the Goods to CoopMall and in the event of non-compliance CoopMall reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

12.11 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to CoopMall, CoopMall rt may:

12.11.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

12.11.2 terminate the Contract and claim damages.

13. CANCELLATION, RETURN, REFUND AND REPLACEMENT OF GOODS

13.1 All Goods sold on the Platform is covered under the CoopMall 7 or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with CoopMall or Seller through the Platform. The logo(s) of the Return Policy for each Goods can be found on the Goods’ product page.

13.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to CoopMall t or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to CoopMall or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact CoopMall or Seller within 48 hours of receiving the delivery to expedite the claim process.

13.3 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into CoopMall Guarantee Account.

13.4 Buyer may apply for the return of the purchased item and refund prior to the expiry of CoopMall Guarantee Period, if applicable, subject to and in accordance with CoopMall Refunds and Return Policy. Please refer to CoopMall Refunds and Return Policy for further information.

13.5 CoopMall reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into CoopMall Guarantee Account.

13.6 If you have redeemed CoopMall Coins for your transaction and you are successful in obtaining a refund based on CoopMall Refunds and Return Policy, CoopMall shall refund the monies you have actually paid for the item and credit back any redeemed CoopMall Coins to your Account separately.

13.7 CoopMall does not monitor the cancellation, return and refund process for offline payment.

13.8 Buyer may only apply for return of the purchased Goods in the following circumstances:

13.8.1 the Goods delivered to Buyer is defective and/or damaged on delivery;

13.8.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);

13.8.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;

13.8.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;

13.8.5 Buyer has a change of mind with regard to the Goods; and

13.8.6 such other circumstances which may be prescribed by CoopMall on the Platform.

13.9 Notwithstanding Clause 7.3 above, milk formula products are returnable except for “change of mind” request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.

13.10 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

13.13 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by CoopMall on the Platform. Please see Help Center for further details.

13.14 Questions and complaints with regards to returns

13.14.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact CoopMall Center using the “Contact Us” page on the Platform, as applicable.

13.14.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, CoopMall reserves the right to suggest and implement an appropriate resolution at its sole discretion.

14. PAID ADVERTISING

14.1 CoopMall will be launching keyword advertising and/or other advertising services (hereinafter referred to as “Paid Advertising”) on itsPaid Advertising Siteon an ongoing basis. Sellers may purchase the Paid Advertising services. CoopMall art provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Sellers in writing (hereinafter referred to as the “Paid Advertising Rules”). Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.

14.2 In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended.

14.3 You may purchase Paid Advertising services by purchasing advertising credits on the Paid Advertising Site (“Advertising Credits”), and fees payable for the Paid Advertising services will be deducted from the Advertising Credits on a pay-per-click basis, as determined by CoopMall. All Advertising Credits will be subject to goods and services tax. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request for a refund after you have purchased Advertising Credits and completed the payment process. CoopMall will provide an electronic invoice for Paid Advertising services purchased on a monthly basis and Sellers are to ensure that a correct and working e-mail address is provided for receiving such invoices. The invoice will contain the name and address provided by you, the amount of Advertising Credits purchased and the remaining balance of your Advertising Credits as at the date of the invoice.

14.4 You have the option to purchase the Paid Advertising service at the time you list an item for sale or subsequently. When you purchase the Paid Advertising service, you may 1) manage the Paid Advertising service yourself or 2) authorize CoopMall to manage the Paid Advertising service for you. In both cases, you may set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. You may also choose to have your Advertising Credits automatically topped up via your CoopMall Wallet (“Advertising Credits Top Up Feature”) if your Advertising Credits balance falls below an amount set by you (“Advertising Credits Minimum Amount”). When activating the Advertising Credits Top Up Feature, you may choose the Advertising Credits Minimum Amount and the amount of top up, and you consent to the debit of your CoopMall Wallet in accordance with Section 10 of these Terms of Service. The Paid Advertising service for each item will be activated and will expire on the respective dates set by you or CoopMall (the “Paid Advertising Period”). You will not be entitled to transfer the remaining Paid Advertising Period or Advertising Credits to other items if an item is sold or unlisted during the Paid Advertising Period you or CoopMall set (based on your instructions) for that item. The Advertising Credits will also not be refunded.

14.5 Where you have authorized CoopMall to manage the Paid Advertising service for you, you understand and agree to indemnify, defend and hold harmless CoopMall from and against any and all losses which may be sustained, instituted, made or alleged against or suffered or incurred by CoopMall and which arises (whether directly or indirectly) out of, in the course of or in connection with CoopMall accessing your Seller’s account and/or executing your instructions, for the purpose of managing the Paid Advertising service on your behalf.

14.6 The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that CoopMall has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Credits you have used in relation to any listing removed pursuant to this Section 19.6 will not be refunded. CoopMall will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 19.6.

14.7 You understand and agree that CoopMall does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.

15. FEEDBACK

15.1 CoopMall welcomes information and feedback from our Users which will enable CoopMall to improve the quality of service provided. Please refer to our feedback procedure below for further information:

(i) Feedback may be made in writing through email to or using the feedback form found on the App.

(ii) Anonymous feedback will not be accepted.

(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

(iv) Vague and defamatory feedback will not be entertained.

16. DISCLAIMER

16.1 You agree that all risks arising from your use of the CoopMall Wallet will be borne by you.

16.2 We make no warranty that:

16.2.1 the CoopMall Wallet will meet your requirements;

16.2.2 the CoopMall Wallet services will be uninterrupted, timely or error free; or

16.2.3 any products, information or material purchased by you using the CoopMall Wallet will meet your requirements.

16.3 Except as expressly provided in these Terms and Conditions and to the fullest extent permitted by law, the CoopMall Wallet and related services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.

16.4 To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the CoopMall Wallet and related services. In any event, our total aggregate liability to you under these Terms and Conditions or in relation to your use of the CoopMall Wallet will not exceed your CoopMall Wallet Balance at the point in time when such liability arose.

16.5 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.

16.6 In the event that it is demonstrated that you are below the age of 18 when you agreed to these Terms and Conditions, we shall not be liable for any loss suffered by you arising out of the use of the CoopMall Wallet.

17. GENERAL TERMS

17.1 Cumulative rights and remedies

Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.

17.2 No waiver

Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.

17.3 Severability

If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.

17.4 Rights of third parties

A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.

17.5 Governing law

Use of the CoopMall Wallet, and these Terms and Conditions shall be governed by and construed in accordance with Malaysian law and you hereby submit to the exclusive jurisdiction of the Malaysian courts.

17.6 Disputes

17.6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your CoopMall Wallet (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

17.6.2 In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.

17.7 Injunctive relief

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.

17.8 Correction of errors

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

17.9 Language

In the event that these Terms and Conditions is executed or translated in any language other than English (“Foreign Language Version”), to the extent allowed under law, the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.

17.10 Entire agreement

These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

17.11 Binding and conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the CoopMall Wallet, if any) maintained by us and/or our service providers relating to or in connection with the CoopMall Wallet shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

17.12 Sub-contracting and delegation

We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with CoopMall Wallet to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.

17.13 Assignment

You may not assign your rights or transfer your obligations under these Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these Terms and Conditions to any third party at our sole discretion.

18. INDEMNITY

You agree to indemnify, defend and hold harmless CoopMall, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where CoopMall or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the CoopMall Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of CoopMall, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

19. SEVERABILITY

If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.