Contents of Terms and Conditions for User of Website (General)

  1. Introduction

    Welcome to Wonderlist!

Thank you for visiting our website http://lease.wonderlist.property/properties all other sites, mobile sites, services, applications, platforms, and tools (collectively, the "Site") which are governed by the following Terms and Condition (this "Agreement") The purpose of this Agreement is to sets out rights and obligations and other necessary matters between "You""Your" or "User" shall refer to any natural or legal person and Wonderlist Property Sdn. Bhd, the operator of http://lease.wonderlist.property/properties, and its subsidiaries ("Company") in connection to the usage of this site and other related services provided by the Site ("Services"). By accessing to this Site, you hereby agree to be bound by this Agreement, thus please read them carefully. As used in this Agreement, the terms "Us""Our" or "We", hereby refer to the Company and its subsidiaries.

 

  1. Definition


In this Agreement unless the context otherwise requires:

"Site"

Means http://lease.wonderlist.property/properties all other sites, mobile sites, services, applications, platforms, and tools.

"You", "Your", "User"

Means any natural or legal person who are Members and Non-members who granted the Services provided by the Company in accordance with this Agreement.

"Member"

Means any natural and legal person who has registered himself, herself or itself as a member according to registration process established by the Company and who is provided the information on the Company on a consistent basis and is able to use the Services provided by the Company.

"Agreement"

Means the Terms and Condition which set out rights and obligations and other necessary matters between Users and the Company.

"Company"

Means Wonderlist Property Sdn Bhd. and its related companies.

"Services"

Means in connection with the listing of property lease/rent advertisements or viewing of listing of properties or any related services provided in the Site.

"ID"

Means alphabets, numbers, or certain combination of alphabets and numbers selected by the member and registered by the Company for the identification of the member.

"Password"

Means any combination of alphabets and numbers selected by the member and registered to the Company for the purpose of confirming the identity of member and protecting confidential information.

"Lessee"

Means any User who lease the properties of the lessor registered with the Company.

"Lessor"

Means any member who has registered property with the Company to list properties on the Site.

"Business Day"

Means any day during which Services are normally provided by the Company, which excludes Saturday, Sundays and any public holidays in Kuala Lumpur/Malaysia.

"Content"

Means submitting post reviews, comments, suggestions, ideas, questions and other information on the Site.

"IP"

Means refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images, logo, trademarks used in commerce.

"Electronic Communication"

Means via e-mails, electronic record or other mode of electronic communication to contact with the Company.



  1. Amendments/Variation of the Terms and Conditions


Notwithstanding any clause stated herein, We reserve the right and at Our absolute discretion to change and/or vary and/or amend and/or add in Agreement from time to time without any prior notice to you. You are responsible to review these terms and condition periodically for any updates or changes. Your continuance usage of this Site following the changes will indicate that you have and will accept and agree to the subsequent revised terms.


  1. Agreement

This Agreement in respect of the Services provided by the Company is established when the Company provides its consent to the application filed by any person, who want to use the Services. The application is made when any person, who wishes to use the Services, fills in each required information in the membership application from provided by the Company online and expresses your intent to consent to this Agreement. Any individual shall register to become a Member in order to list their property on this Site and to view listing of properties. The applicant's eligibility to register or sign up as a Member shall be at the age of 18 or more. Any corporate which is able to engage in normal business activities as of the date of the application, is entitled to apply for the membership.


In the case of application for membership submitted by you, the personal verification proceeding shall be undertaken by email authentication. For any application for which the personal identity verification proceedings cannot be undertaken by the Company. The Company is entitled to request the applicant submit evidentiary materials. 



  1. Account 


You shall be solely responsible in maintaining the confidentiality of the ID, Password and other personal information safe and secure. In addition, you must notify us immediately of any unauthorized use of your account. We shall not be held responsible and/or liable, directly or indirectly in whatsoever way for any loss or damage imposed as a result with your failure to comply with any clauses of this agreement.


  1. License and Access 


Subject to Your compliance with the Member Agreement, We grant you a personal, non-exclusive, non-transferrable, and limited privileged to enter and use the Website. This license does not include any resale or commercial use of Our Service, or contents; any collection and use of any property listings, descriptions, or prices; any derivative use of any on the Company's Service or its content; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by the Company or its licensors, suppliers, publishers, rights holders, or other content providers. Neither Wonderlist's service nor any part of any of the Company's Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use the Company's Service only as permitted by law. The licenses granted by us terminate if you do not comply with these terms and condition incorporated in this Agreement.
 


  1. Privacy Policy 


We take your privacy seriously. We want you to know that the User's personal information is one of our key assets. Our privacy policy herein sets out how we collect, use, share and protect the User information which is stored with us. If you are not agreeable to fill in any type of information which is fundamental to us, please do not use the Site. Your usage of this Site is subject to our
Privacy Policy. Please review the policy for more on how we collect and use information.



  1. Property Listing 


Lessor is fully responsible for the listing of properties on the Site. All properties specification (such as descriptions, information, value, location, and other specification or details) posted on this Site is provided by the Lessor. The Company does not in whatsoever manner made any representation and warranties, implied or express pertaining the lease of any properties on the Site.


The Lessor shall be responsible in providing up-to-date information of their properties listed from time to time. In this aspect, the Lessor shall not exaggerate or over emphasize on the attributes of such property so as to mislead in any manner and the Lessor must describe the actual condition of the property listed. If the description does not match the actual condition of the property, the Lessor hereby agree to refund any amounts received from any user pertaining any transaction of the property. The Company reserves the right at our absolute discretion to remove the membership of the Lessor and no longer has the right to list any property and use the Services of the Site. The Company shall not be held responsible for any unsatisfactory or delayed performance or damage of properties or delays due to non-availability of the property when the property is listed by any User.

The Company shall use their best endeavor to take reasonable steps to verify the authenticity of any listing of properties to prevent any false or exaggerated attributes of property, including to conduct an On-Site Basic Due Diligence on any properties in the event where User wish to list a property on Our Site. The Company shall reserve the right to request for additional related information from the User and related documents ("Related Information and Documents") from the User ("the On-Site Basic Due Diligence").



  1. Prohibitions/Prohibited acts


You must not misuse this Site. You agree, covenant and undertake that you are bound to the followings including but not limited to: 



    1. The Users shall not be allowed to directly enter into a transaction outside the platform such as without using the site and Payment Gateway Services operated by the Company;

    2. In relation to a property listing, the Company prohibits you from conducting false listing;

    3. The Lessor and you are prohibited from removing from any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

    4. By submitting a property listing, photos, descriptions, specifications, comments, questions and other information ("Content"), Users warrants and represents that the Content is legal, accurate, no violation in any law or regulation, no violation in any right of third party, not misleading in any way, no grossly harmful, harassing, defamatory, obscene, pornographic, invasive of another party's privacy, hateful, threatening or other measures that is deemed unethical and unlawful upon the submission. User admit that you are the sole author of the contents published and will be fully liable and responsible on the published content. You acknowledge that we have absolute discretion to monitor the Content and to take action such as remove, alter and block the submission Content.

    5. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that you send to us through the Website. You shall not use false e-mail address or other mediums to pretend, represent or impersonate someone else or identity to solicit the performance of any illegal activity or other activity which infringes the Company's right or third's party rights.

    6. You shall not transmit any chain letters, unsolicited commercial electronic message, mass mailings, or any form of "spam" or junk email to other Users via the Site.

    7. You must not encourage, assist or authorized any other person to copy, modify, reverse engineering, decompile or disassemble, or otherwise tamper with, the Company's Software or the Site, whether in whole or in part, or to create any derivative works from or of Our software; 

    8. You will not violate or attempt to violate the security of the Site, including, without limitation to accessing data not intended for you or logging onto a server or an account that you are not authorized to access; trying to change the behavior of the Site; attempting to probe, scan, or test the vulnerability of a system or network, or to breach the security or authentication measures. 

    9. You acknowledge and agreed to grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, license to exercise the copyright, publicity, transmit, modify, copy, publish or create derivative works from such Content submitted by you. 

    10. You shall not commit and will not attempt to initiate any transaction that may contravene to any anti-money laundering legislation such as such as to transform illegally obtained funds gain into seemingly legitimate funds. Users hereby acknowledge and agree that the Company is obliged to comply with anti-money laundering legislation and you must provide us with any information we require before a contract comes into effect between us.





  1. Restricted Listing


The Lessor is not permitted to market or list any product or asset except properties on the Site.
 



  1. Risk of Loss


For all properties leased through the Site pursuant to the contract between the Lessor and the Lessee, the Company shall not be responsible for any risk for any transaction made between you and Lessor. We shall not and is not obliged to mediate or resolve any dispute or disagreement between you and Lessor in relation to any breach of any contract, covenant, warranty, or any obligations made between you and the Lessor.


 

  1. Disapproval of Representation or Guarantor


The Company does not guarantee anything with regard to the transaction undertaken between Lessee and the Lessor. We do not lease any property to any User. We develop and provides the system and platform to augment the safety and reliability of the transaction between the Lessee and Lessor.

 

  1. Intellectual Property Rights, Trademarks, Copyrights

This Site is controlled and operated by the Company and properties are lease by respective Lessors, or possibly Lessor's Agents. All material on this Site, including images, graphics, text, logos, page headers, button icons, audio clips, video clips, scripts, digital downloads, data compilations, software are protected by copyrights, trademarks and other intellectual property (''IP'') are owned, controlled and licensed by the Company. One of its affiliates or by third parties who have licensed their materials to the Company and are protected by Malaysia and international trademark and copyright laws. You may access, view, print and download all the related material on this Site for non-commercial use or for your own personal use. You shall not frame or utilize framing techniques or utilize framing techniques to enclose any trademark, logo, or other proprietary rights or information including but without limitation to images, text, page layout, or form of the Company without express written consent. No license, right, title or interest in any materials or software is transferred to you as a result for you to use the Website including reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. All material directly or indirectly located on this Site is to be used only for your shopping resource.

All other trademarks or image, logos or other material which not owned by the Company that appear in the Site are the property owned by third party, who may or may not be affiliated with, connected to, or sponsored by the Company. We respect and treasures the intellectual property of others. 



  1. Disclaimers of Representation and Warranty


The Company does not at any point of time make any representation or warranty as to the property-specifics (such as creditworthiness, identity or attribute) of any of its User (such as Lessor or Lessee) on this Site.

The legal fee calculated by means of "legal fee calculator" provided in this platform are solely for reference only. It does not amount to a representation or warrant by any of the panel solicitors. Users are advised to refer Legal Profession Act 1976 – Solicitors' Remuneration Order 2005 for more details.

You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment on that behalf. The Company will not represent and warrants to the Users which related to the financial status of the Lessor or Lessee in the event if any User makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation otherwise than for the purposes of amalgamation or reconstruction.

This Site, all content, information, materials, products including software and other services or otherwise made available to through this Site are provided on an "AS IS", and "AS AVAILABLE" basis without representation or warranties of any kind. The Company makes no representation or warranties of any kind, express or implied, as to the operation of this Site, the accuracy or completeness of the Site contents, or any emails sent from the Company are free of malware or other harmful components, thus, you expressly agreed that your access of this Site is at your sole risk. The Company will not be liable for any damages of any kind incurred arising from the using of this Site. The Company does not represent or warrant that the information of the property listed on our Site is accurate or complete since this information is provided by the Third-Party and on occasion Lessor may modify or renovate their property and update their descriptions. We hereby recommend you not to rely solely on the information published on our Site and hence you should consult or contact the Lessor directly if you do have any concern or question about the properties listed on our Site. 



  1. Limitation of Liabilities


Under no circumstances shall the Company or its directors, employees, officers, staffs, affiliates or agents be liable for any direct or indirect losses or damages arising out of or in connection with your usage of this Site. This is a comprehensive limitation of liability that applies to all losses and damages in related to any kind including whether general, directly, indirectly, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits made available to you through this Site and we do not warrant and guarantee Wonderlist's server or electronic communications sent from our Site are free from viruses or other harmful components. To the full extent permissible by Law nothing on this Site constitutes, or is meant to constitute, advice of any kind to you. If in any way an authorized representative of the Company has been advised of or should have known of the possibility of such damages, subject to the foregoing, in no event will the Company be liable for any damages in excess of the fees paid by you in connection with your use of the Site. You expressly agree that your access to this Site is at your sole risk.

 

  1. Severability 


If any of these terms and conditions deemed severable or invalid under the permitted law and regulation, it shall not affect the validity and enforceability of any remaining condition. All of which shall remain in full force and effect, as long as this Agreement shall be capable of continuing in effect without the unenforceable term.

 

  1. Complaint Management


The Company welcome your reviews, comments, and other means of communication or content made to us. By submitting (such as reviews, comments, suggestions, ideas, questions and other information), you warrants and represents that the content is legal, accurate, no violation in any law or regulation, no violation in any right of third party, not misleading in any way, no grossly harmful, harassing, defamatory, obscene, pornographic, invasive of another party's privacy, hateful, threatening, invasive of privacy, infringing of intellectual property rights (including publicity rights) or other measures that is deemed unethical and unlawful upon the submission. You admit you are the sole author and responsible for the contents submitted by you. You acknowledge we have sole discretion but at no obligation to monitor the Content such as remove, alter and block the submission content.  


  1. Dispute Resolution


Any dispute or claim relating the transaction between you and Lessor or in any way in relation to your access or usage of the Site, or to any properties indirectly or directly leased or sold by the Lessor will be resolved by way of arbitration, rather than in court proceedings. The review of an arbitration award is limited. The Arbitrator must be appointed by parties mutually.



  1. Security 


All online transaction is sent through our secure server. Once we have received your information through the Site, only trusted, authorized employees will be engaged to process the payment to ensure that your information is handled with utmost security level. You hereby agree, acknowledge and covenant not to commit or engaged in  any criminal offences, transmit or distribute a virus including but not limited to Trojan Horse, worm virus, logic bomb or post any material indirectly or directly which is malicious, technological harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Site; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute an offence under Section 233 of the Communication and Multimedia Act 1998. In the event such breach occurs, the Company reserve the right to report the breach to the relevant law enforcement authorities and appropriate legal action will be taken. In order to keep the Company's up-to-date, we may offer automatic or manual updates at any time and without providing notice to you.

 

  1. Links to Third Party Website


The Site may contain links to other sites operated by third parties. These links are available for your convenience and are intended only to enable access to these third-party Sites and
for no other purpose. Wonderlist does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness, privacy setting for particular purpose of any such Website. Any link to a third-party Site presented on our Site does not constitute sponsorship, endorsement, approval ore responsibility for any Third-Party Sites may differ from the condition of use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of the Third-Party Sites.

 

  1. Force Majeure


Wonderlist shall not be liable to you for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of god, explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation of war, interruption of production or operation line, difficulties in obtaining raw materials labour, fuel parts, or machinery break down etc.  

  1. Miscellaneous Clauses


No provisions of this Terms and Condition shall be waived except pursuant to a writing executed by the party against whom the waiver is sought, No failure to exercise, partial exercise of, or delay in exercising any right, remedy, or condition. No party hereto can assign, delegate or transfer any rights or obligations under this Agreement to a third party without a written content of the other party. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without Wonderlist express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.  



  1. Indemnification


As a condition to the use of this Site, you agree to defend, indemnify, hold harmless the Company and its respective directors, licensee, affiliates, subsidiaries, agents, officers, employees, from and against any claim, liabilities, losses, damages, inquiries, demand, suits, costs, and expenses which including but not limited to, reasonable attorney's fees and expenses arising out of or otherwise relating to your usage of this Site. 



  1. Waiver


If you breach these conditions and we take no action against it, we will still be entitled to use Our rights and remedies in any event where you breach these terms. No failure or delay by the Company or you in exercising any right under this Agreement shall operates as a waiver of such right or extend to or affect any other or subsequent event or impair any rights and remedies in respect of it or in any way modify or diminish the Company or your rights under these terms and condition or terms of use.  



  1. Termination of Use


On or at any time this Agreement is effective and enforceable unless and until terminated by both parties (the Company and the User) upon mutual consent and official write in for agreement. Upon the termination of this Agreement is effective, any consequences arising from such withdrawal or cancellation shall be borne by you who agreed to terminate this Agreement. Further, the Company reserves the right to terminate this Agreement at any time and may do so immediately with notice in the event if you have breached of an obligation under the Agreement, related laws and regulations or otherwise.



  1. Applicable Law


By using any of the Company's Service, you agreed that this Agreement shall be governed by the laws of Malaysia and strictly without regard to principles of conflict of laws.  The place of jurisdiction shall be exclusively Malaysia. The Malaysia relevant court shall be the competent court of first instance for any litigation arising from disputes between us and the user in relation to the used of this Site.