Terms of Usage
1.0 Contractual Terms of Usage of the Wonderlist Property Feature.
1.1 If you browse or otherwise access any content or data on the wonderlist.com.au platform (including its website, mobile site or apps), you agree to be bound by these Terms of Usage.
1.3 We reserve the right to change any or all of our Terms of Usage or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our platform constitutes your acceptance of those terms. Should you object to any of our Terms of Usage or other notices on our platform your sole option is to immediately cease your use of our platform.
1.4 We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
1.5 Information on our platform and in any wonderlist.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice.
1.6 Wonderlist Property Sdn Bhd (the Company) is responsible for maintaining our platform and all wonderlist.com.au publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of the Company, and any Third Party Content on our website) and the Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications.
2.0 Restrictions on Use of Websites
2.1 In accessing or using our platform you agree that you will not:
2.1.1 use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website;
2.1.2 use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
2.1.3 undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
2.1.4 use or index any content or data on our platform for purposes of:
2.1.5 constructing or populating a searchable database of properties,
2.1.6 building a database of property information; or
2.1.7 competing with us in any manner that we have not specifically authorised;
2.1.8 transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
2.1.9 use our platform or any content from our platform in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
2.1.10 violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
2.1.11 pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
2.1.12 act in violation of any Term of Usage or other condition posed by us or any applicable law;
2.1.13 reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platform or any content on our website, except as expressly authorised by us; or
2.1.14 transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
2.2 We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
3.1 The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Australia Copyright Act 1968, the Company grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of wonderlist.com.au copyright material beyond such use, written permission must be obtained directly from the Company or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
4.0 Third party links and advertising
4.1 Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our real estate agency customers. Those third-party websites do not form part of our platform and are not under the control of or the responsibility of the Company. When you link to those websites you leave our platform and do so entirely at your own risk. The Company and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and the Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by the Company.
5.0 Third Party Content
5.1 Our platform contains content provided to the Company by other parties (Third Party Content). the Company does not have a practice of monitoring or making inquiries about Third Party Content. The Company is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of the Company. You rely on Third Party Content completely at your own risk.
6.0 Editorial content
6.1 Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.
7.0 Further warranties
7.1 You represent and warrant that:
7.1.1 your use of our platform will comply at all times with these terms and any directions we make to you in relation to your use of our platform from time to time;
7.1.2 you will make sure that you keep your username and password by which you access wonderlist.com.au confidential and secure at all times; and
7.1.3 you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to the Company.
8.1 You agree to indemnify and hold the Company and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use of and access to our platform or making Contributions not in accordance with these terms.
9.0 Policy for linking to our website
9.1 You may only link to content on our platform if we consent. If we do allow you to link to our platform, it is on condition that you do not:
9.1.1 attribute a link to the Company content as being a link to your own or someone else’s content (for example, use your own logo to link to our content);
9.1.2 attribute a link to our site and then link somewhere else;
9.1.3 frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or
9.1.4 link to our content as part of a website that aggregates property listings and/or information or competes with us in any manner.
9.1.5 We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
10.0 Limitation of liability
10.1 Certain rights and remedies may be available under consumer protection legislations of Australia and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
10.2 IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF WONDERLIST PROPERTY AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO USD$100.00 (or local currency equivalent).
11.2 By using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of Australia.
LISTING TERMS & CONDITIONS
1.0 ACCEPTANCE OF TERMS
1.1 An Listing may be placed on wonderlist.com.au (the "Website") pursuant to any Agent Advertising Package to which you subscribe for advertising purposes, which shall constitute an irrevocable offer by you to place a Listing on the Website.
1.2 In the Listing Terms, a "Listing" means a listing placed by you with Wonderlist Property Sdn. Bhd. (the Company) on the Website, which the subject of the Listing Terms.
1.4 Each Advertising Package may not be swapped for another prior to the expiry of the term of the Advertising Package.
1.5 You agree that the Company may modify the Listing Terms at any time without liability and without notice to you. The modified Listing Terms will be posted on the Website and will come into effect 10 days after such posting. You are advised to check for updates to the Listing Terms regularly, prior to using the services.
1.6 You understand that the Company may, at any time, revise the pricing of any of the Agent Advertising Packages. You shall not be subject to the revised pricing if the revision occurs during the term of your existing Advertising Package. The revised pricing shall apply when you subscribe for a new Advertising Package, or when you renew your existing Advertising Package at the expiry of its term.
1.7 You understand that should any unutilized Agent Advertising Package, or part thereof, shall be forfeited at the expiry of the Agent Advertising Package.
2.0 PLACEMENT OF LISTING
2.1 The acceptance of payment under any Agent Advertising Package shall not be deemed to be an undertaking by the Company to accept any Listing. We reserve the right to approve or reject any Listing at its sole discretion without providing reasons to you. We retain full discretion to the placement or publication of any Listing.
2.2 You shall be responsible to check and endorse all contents in the Listing and the accuracy and veracity of the same before it is published or repeated. The Company is not obliged to accept any requests to correct errors after the Listing is published or repeated and you shall be solely and fully responsible for such errors.
2.3 You understand that the Company does not undertake to review the contents of any Listing. The publication of any Listing will not be deemed to constitute an acceptance by the Company that such Listing complies with the Listing Terms.
2.4 You represent that you have the right to publish the contents of the Listing without infringing the rights of any third party and without violating any law. In consideration of such publication, you hereby represent and warrant that you have obtained all necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity, including but not limited to lucky draws, contained in the Listing, if any.
2.5 You represent that the contents of your Listing are true, current and accurate, and do not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information.
2.6 You hereby grant the Company, including its employees, sub-contractors or agents, a non-exclusive and non-transferable license to edit, amend or otherwise correct any materials that you submit to the Company for the purposes of the Listing.
2.7 The Company reserves the right to remove from the Website any Listing that does not comply with the Listing Terms, or upon request by law enforcement or government agencies, without providing reasons or prior notice to you.
2.8 The Company may, from time to time, make available to you content, including but not limited to floor plans or images of real property. You understand that the Company does not warrant that such content is accurate or suitable for your Listing(s). The Company grants to you a non-exclusive right to use the content solely for the purposes of your Listing(s). Such right does not include the right to modify or reproduce the content on another website or medium without the prior written consent of the Company.
2.9 You understand that the Company may from time to time make changes to the format and layout of the Website without notice to you. This may result in changes to the format or layout of your Listing. However, the Company shall not make any changes to the artwork that you have supplied for the Listing, as well as the size of the Listing.
2.10 You may, at any time, withdraw your published Listing. You understand that the Company is not liable to refund to you any fees that you have paid for the withdrawn Listing.
3.1 You will pay to Wonderlist all fees incurred in connection with the use of the Company’s services.
3.2 All fees are exclusive of tax. You shall pay all taxes, duties or levies in respect of the Listings.
4.0 USE OF INFORMATION
4.1 You grant to the Company an irrevocable, non-exclusive, royalty-free, worldwide right to use, copy, modify, adapt and/or manipulate the content of any Listing for purposes including but not limited to public performance or display, or the Company's marketing or distribution.
4.2 You understand that the Company may use your name for the purposes of Wonderlist's marketing or distribution activities.
5.0 INTELLECTUAL PROPERTY RIGHTS
5.1 Wonderlist reserves all intellectual property rights to its consent and services on the Website, including copyright and trade mark rights. All other names, products and marks mentioned on the Website are the intellectual property rights of their respective owners. Nothing in this Agreement shall be construed or deemed as granting or providing to you any right, license, interest or permission to deal with any intellectual property of Wonderlist in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of Wonderlist's trademarks or trade names in an unauthorised manner.
6.0 INDEMNITIES AND LIMITATION OF LIABILITY
6.1 You agree, at your own expense, to indemnify, defend and hold harmless Wonderlist Property, and its subsidiaries, affiliates, officers, agents or other partners, and employees, against any claim or demand, including attorneys' fees, made by any third party due to or arising out of:
6.1.1 the publication of the Listing;
6.1.2 the content of the Listing and its publication thereof;
6.1.3 any material, product or service of provided by you, to which users of the Website can link through the Listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); and/or
6.1.4 your violation of the Listing Terms.
6.2 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within 2 years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.
6.3 In no event shall Wonderlist's aggregate liability for any claims under or pursuant to the Listing Terms exceed the aggregate fees actually paid by you for the preceding 12 month period at the point in time when the claim(s) is/are made against the Company.
7.1 You expressly understand and agree that:
7.1.1 your use of Wonderlist's services under the Listing Terms and the content is at your own risk. Wonderlist's services are provided on an "as is" basis. Wonderlist expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than any warranty the exclusive of which is not in accordance with applicable laws;
7.1.2 Wonderlist makes no warranty that:
(a) its services will meet your requirements;
(b) its services will be uninterrupted, timely, secure and error-free;
(c) its services will be accessible at any time or at all times via the channel selected
or used by you;
(d) the quality of any services, information or other material purchased or obtained by you through its services will meet your expectations; and
(e) any errors in the services will be corrected; and
7.1.3 no advice or information, whether oral or written, obtained by you from Wonderlist or its employees, agents or through or from the services shall create any warranty not expressly stated in the Listing Terms.
8.0 USE OF PERSONAL INFORMATION
8.1 You acknowledge that Wonderlist may collect your personal information. Such information includes without limitation your name, email address, telephone number and address.
8.2 Wonderlist may use your personal information to analyse trends, administer the Website and to gather demographic information about users of the Website.
8.3 Wonderlist shall comply with applicable data protection laws (if any) in the collection, use, disclosure and retention of personal information.
8.4 You agree that Wonderlist is entitled to use your personal information upon the completion of any transaction on the Website for the purposes including but not limited to publicity of the Services and contacting you for feedback.
9.1 Wonderlist may terminate the Listing Terms without prior notice. Cause for such termination shall include without limitation:
9.1.1 you being declared insolvent or bankrupt;
9.1.2 failure to make any payment that is due under the Listing Terms;
9.1.3 request by law enforcement or other government agencies;
9.1.4 failure to comply with the Listing Terms
9.1.5 infringement of intellectual property rights of others;
9.1.6 discontinuance or material modification to the services of the Website or part thereof; or
9.1.7 unexpected technical or security issues or problems.
9.2 You understand that in the event of termination pursuant to Clause 9.1, Wonderlist shall be under no obligation to refund you the whole or any part of any fees paid by you in advance. In addition, you are not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Listing Terms in accordance with its terms.
9.3 Termination of the Listing Terms shall be without prejudice to any other rights or remedies Wonderlist may be entitled to under the Listing Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
10.1 In this Agreement, "you" or "your" means the entity entering into the Listing Terms with Wonderlist.
10.2 All guidelines and/or terms referenced in the Listing Terms shall be deemed incorporated herein, and together with the Listing Terms, shall constitute the entire agreement between you and Wonderlist and govern your use of the services.
10.3 The Listing Terms shall be governed by and construed in accordance with the laws of the Australia, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Australia.
10.4 The failure of Wonderlist to exercise or enforce any right or provision of the Listing Terms shall not constitute a waiver of such right or provision. If any provision of the Listing Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Listing Terms remain in full force and effect.
10.5 Unless otherwise stated herein, all notifications to Wonderlist pursuant to the Listing Terms shall be sent via e-Mail to email@example.com.
1.0 Process of Refund
1.1 Unless otherwise specified herein, there shall be no refund of any fees paid.
1.2 In the event of a refund, such refund shall be paid by bank transfer to the bank account that you have provided.
1.3 Please ensure that all information that you have provided for the purposes of obtaining a refund is true, accurate, and current.
1.4 You agree that Wonderlist Property's obligation to make a refund is fulfilled at the point of transfer of the refunded sum to the bank account that you have provided. In the event that the refund is made by way of cheque, Wonderlist Property's obligation to you is fulfilled when the cheque is mailed to you. Unless otherwise specified in writing, the cheque will be mailed to you via normal post. In the event that you request for the cheque to be mailed to you via registered post or courier, you agree to Wonderlist Property deducting from the refund such amount necessary for the cost of mailing the cheque to you using your desired method of postage.