Terms of Use and Services

Last modified: 3^rd July 2023

THIS USER TERMS OF SERVICE AND USE IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND WOWLISTIX GLOBAL INTERNATIONAL SDN. BHD. (Formerly known as Realistix Northern Sdn Bhd)

Acceptance of the Terms of Use

These terms of use are entered into by and between you and WOWLISTIX GLOBAL INTERNATIONAL SDN. BHD. (the “Company”, “WGI”, “we” or “us”). The following terms and conditions, together with any documents we expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of our website and/or App, including any subdomains and any content, functionality and services offered on, by or through it or us (the “App”).

Please read the Terms of Use carefully before you use the App and/or Site. By using the App and/or Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (the “Privacy Policy”), which can be found at our website and/or App and is incorporated herein by reference. If you do not want to agree to these Terms of Use (including, without limitation, the Privacy Policy incorporated by reference), you must not access or use the Site and/or App.

By signing up, using or accessing  Wowlistix, you acknowledge that you have fully read and understood, agree and accept to be bound by all the terms of service of this agreement. If you do NOT agree to the Terms of Use and the terms and conditions of Wowlistix platform please do not proceed.

WOWLISTIX GLOBAL INTERNATIONAL SDN. BHD. reserves the right to amend the stipulations of the terms of service at any time at its absolute discretion.

Any amendments or modification will be communicated within this Platform and shall be binding.

Changes to the Terms of Use

We reserve the right to modify these Terms of Use from time to time in our sole discretion. The date the Terms of Use were last revised is identified at the top of the page. All modifications are effective immediately when we post them and apply to all access to and use of the App and/or Site thereafter. Your continued use of the App and/or Site following the posting of revised Terms of Use means that you accept and agree to the modifications. You are expected to check this page frequently so you are aware of any modifications, as they are binding on you

 

1. Definition

“Agreement” refers to this general User Terms of Service that may be included by the owning party from time to time, along with any schedule or appendices applied by subsequent parties or whichever may be applicable.  

“WGI” refers  WOWLISTIX GLOBAL INTERNATIONAL SDN. BHD. (Company Registration Number 202301015696 (1509618-W), a company incorporated in Malaysia having its business address at 75-1, JALAN 5/62A, BANDAR SRI MENJALARA ,52100, KUALA LUMPUR

“User” refers to any user who registers with WGI and uses Wowlistix.

“Wowlistix” refers to the Digital Online Properties Platform.

“QR code” translates to: Quick Response Code, which is the trademark for a type of matrix barcode to recognize user’s information including name, phone number, email address, etc.

“WOW Token” refers to the currency used to pay for real estate and property listings on Wowlistix and once purchase, the WOW Token/s is/are non-refundable, non-transferable and does/do not expire.

 

2. The Service

Wowlistix is an online intermediary platform providing all types of properties related services.

WGI commits to use commercially reasonable efforts to ensure the availability of Wowlistix for 99% of the available time except when there is a scheduled maintenance or upgrading of software with prior intimation, or emergency maintenance or during any maintenance requested by you or any other User, or any force majeure event, or suspension/termination of User’s account. WGI uses commercially reasonable efforts to respond to fix any errors as reported by our subscribers.

 

3. Registration

In order to access the Services, users will need to select a subscription plan by contacting WGI’s team. Once the subscription is confirmed, WGI will create a Super Admin account and provide the login credentials (username and password) for the users. By electing to use these services, users commit to provide true, accurate, current, and complete information about themselves as prompted by any registration form for the Service, (such information being the “Registration Data”), and users agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

If users provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate the user’s account and refuse to offer them any and all current or future use of the Services or the Site.

Users agree to notify WGI immediately if they suspect any unauthorised use of their account. Users are solely responsible for any and all use of their account by any third party.

 

4. Privacy Policy

We respect the user’s privacy and the use and protection of their Personal Information. WGI collects certain personal information at the time of registration. Such information and data collected by us about the User will be treated as confidential and protected and used by us in accordance with our privacy policy. Users can review the most current version of our Privacy Policy at any time here.

 

5. User Obligation

5.1            Merchant Terms 

Users hereby acknowledges that the Other Merchants will have their own applicable terms and conditions in relation to the supply of Deals Products for the redemption of the Deals, in which User’s agrees to and shall abide by those terms and conditions.

5.2            Accurate information 

Users warrants and affirms that all information provided for registration and/or in relations to the creation of user’s account is true, complete and accurate and that user will promptly inform WGI of any changes to such information by updating the details in user’s account. 

5.3            Contents on the Application, Website and Services   

It is the user’s responsibility to ensure that any products, services or information available through the App and/or Site or the Service meet user’s specific requirements. 

5.4            Restrictions    

Without limitation, user affirms to not use or permit anyone to use the Services, App and/or Site: 

1. 1. to send or receive any material which is not civil or tasteful;
      
      
   2. to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; 
      
      
   3. to send or receive any material for which user have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; 
      
      
   4. to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
      
      
   5. to cause annoyance, inconvenience or needless anxiety;
      
      
   6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
      
      
   7. for a purpose other than which we have designed them or intended them to be used
      
      
   8. for any fraudulent purpose; 
      
      
   9. other than in conformance with accepted Internet practices and practices of any connected networks; or 
      
      
   10. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity. 

 

5.5 Forbidden Uses 

The following use of the Services, the Application and/or Website are expressly prohibited, and user affirms not to do (or to permit anyone else) any of the following:

1. 1. resale of any product;
      
      
   2. furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers; 
      
      
   3. attempting to circumvent WGI’s security or network including accessing data not intended for user, logging into a server or account user are not expressly authorized to access, or probing the security of other networks (such as running a port scan); 
      
      
   4. accessing the Services, App and/or Site in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
      
      
   5. executing any form of network monitoring which will intercept data not intended for User; 
      
      
   6. sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. User are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, User may not send that person any further email;
      
      
   7. creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings; 
      
      
   8. sending malicious email, including flooding a user or site with very large or numerous emails;
      
      
   9. entering into fraudulent interactions or transactions with WGI or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where User have no authority to bind that third party or User are pretending to be a third party);
      
      
   10. using the Services, App and/or Site (or any relevant functionality of either of them) in breach of this Terms and Conditions;
       
       
   11. unauthorized use, or forging, of mail header information; 
       
       
   12. engage in any unlawful activity in connection with the use of the App, Site and/or the Services or any Deals; or 
       
       
   13. engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the App, Site and/or Service.
       
       

6. License

The WGI Products/website content are copyrighted and any unauthorized use of any such copyrighted content may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:

Modify, decompile, reverse engineer, or disassemble content or associated software;
Remove any copyright or other proprietary notices from the content;

Copy any part of the content, or the content in whole, without prior authorization from WGI.

 

7. Service Rules 

1. 1. WGI will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, WGI does not guarantee that the Services, App or the Site will be free of faults (or Deals will be free of error) and WGI do not accept liability for any errors or omissions. In the event of an error or fault, Users should direct it via email through: customerservice@wowlistix.com
      
      
   2. WGI does not warrant that User’s use of the Services, App and/or the Site will be uninterrupted and  WGI does not warrant that any information (or messages) transmitted via the Services App and/or the Site will be transmitted accurately, reliably, in a timely manner or at all.
      
      
   3. WGI  restricts giving any warranty that the Services App and/or the Site is free from viruses or anything else which may have a harmful effect on any technology.
      
      
   4. WGI  will use reasonable efforts to allow uninterrupted access to the Services and the Web App and/or the Site, however we shall not be held liable in the event access to the Services App and/or the Site may be suspended, restricted or terminated at any time.
      
      
   5. WGI  reserve the right to change, modify, substitute, suspend or remove without notice any information or Deals or Services or forming part of the Services from time to time. User’s access to the Services, App and/or the Site may also be occasionally restricted to allow for repairs, maintenance or the introduction of new features or services. WGI will attempt to restore such access in a timely manner. WGI will assume no responsibility for functionality which is dependent on a User’s browser or other third-party software to operate (including, without limitation, RSS feeds). Further, WGI may also withdraw any information or Deals from the Service, App and/or the Site at any time. 
      
      
   6. reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms and Conditions.
      
      

8. Indemnity

User agrees to indemnify and hold Wowlistix and/or WGI, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content User submit, post to, transmit or make available through the Service, User’s usage of the Wowlistix, Service and Website, User’s violation of the Terms of Service, User’s violation of any rights of any other person, or User breach of any applicable law or regulation. User shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Wowlistix and/or WGI arising from the above claims, and shall provide Wowlistix and/or WGI with a notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at a User’s sole expense. 

 

9. Disclaimer

1. All content which is available on this Application and/or website and the services herein are provided on an “as is” and “as available” basis and are strictly meant for a User’s reference and information only, and shall not, at any time whatsoever, be assumed or deemed to be intended for any business or commercial purposes unless expressly provided. WGI  hereby, disclaims all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and/or arising from a course of dealing, usage, or trade practice. Any form of reference to a non-WGI  products or services is for information purposes only and shall constitutes neither an endorsement nor a recommendation.
   
   
2. WGI also will not warrant that this Application and/or website, the services herein and the content will meet user’s requirements.
   
   
3. Users are solely responsible for making their own assessment when accessing and using this Application and/or website, the services herein, and/or the content and you agree that their access and use thereof shall always be at their sole risk. 
   
   
4. Notwithstanding, the generality of this Terms of Service, WGI shall not, at any time whatsoever, be liable to a User or any other individual for any damage or loss suffered (including all direct, indirect, special, incidental or consequential damages, economic loss, loss of profits or loss of opportunity) arising from any
   
   
   1. Usage or inability to use this App and/or Website;
      
      
   2. Usage of any  WGI’s products and/or services; and/or
      
      
   3. Use or reliance on any information present; even if  WGI  has been advised of the possibility of such damage or loss.
      
      
5. This Application and/or website may contain links to third party sites, products and/or services. Access to any other internet site linked to this Application and/or website is at the user’s own risk and WGI is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. WGI provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

 

10. Changes

WGI reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site or App. User’s continued use of the Service after the posting of the amended Terms on the Site or App constitutes User’s affirmative:

• acknowledgement of the Terms and its modifications; and

• agreement to abide and be bound by the Terms, as amended.

User acknowledges and agrees that WGI shall not be liable to User or any third party in the event that WGI exercises its right to modify or discontinue all or part of the Service. You can view the most recent version of these Terms at any time here.

 

11. Limitation on Liability

You acknowledge that WGI will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if WGI has been advised of the possibility of such damages), resulting from or related to the use or inability to use the WGI Site whether or not such loss or damage is based on contract, tort (including negligence and strict liability) or otherwise. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.

The WGI Site contains links to, and is linked from, other non-WGI Web sites. WGI makes no claim or representation regarding, and accepts no responsibility for any content, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.

 

12. Miscellaneous

This Agreement constitutes the entire agreement between WGI and you with respect to your use of the WGI App and/or Site. Any cause of action you may have with respect to your use of the WGI App and/or Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to WGI. The failure of WGI to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

 

13. Waiver and Severability

No waiver of or by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

14. Fees and Payments Process

If you request a subscription via the prompts in the application, we will get in touch with your listed billing contact to confirm the payment details with them. Once done, the subscription is confirmed and you agree to the payment and invoicing process.

When you have a Wowlistix subscription, you will be issued an invoice within the first few days of every month. The invoice covers your subscription fee for the upcoming month, as well as any credits that weren’t covered by your subscription for the previous month. This invoice should be paid so that WGI has received payment before the next invoice for the Service is issued, otherwise your Service is likely to be suspended.

When signing up for a Wowlistix subscription, it is likely you’ll sign up in the middle of a month. WGI will either invoice the first part of the month separately, at a pro-rated number of days for that part-month, or instead add the pro-rated days for the subscription on to the next month and issue an invoice for a longer month first of all. Inclusive credits that are included in the first long or short month will also be pro-rated, so you will receive the correct allocation of included credits.

Wowlistix provides multiple billing models. Your sales representative will communicate this to you in a separate agreement.

Unless required by law, any fees paid for any services stated herein and/or provided by Wowlistix (including WOW Token/s) are non-refundable.

In case of a Charge-back Request from our Merchant bank, we reserve the right to immediately interrupt the service provided to you until the Charge-back Request has been formally settled between WGI and the Merchant Service Authority. This process may take more than a few weeks.

If you dispute any billing issues, WGI encourages you to first contact WGI to resolve such issues to avoid having the service for your account interrupted on notification of a Charge-back. WGI maintains the right to reject any service to you while a Charge-back Notice is pending investigation by the Merchant Service Authority.

If alternate schedule and payment methods are required to satisfy your organizational requirements we need to be made aware of before the terms and agreements are accepted.

In case of late payments, WGI maintains the right to charge late payment fees at commercial interest rates.

All subscriptions to the Services renew automatically at the end of the subscription period unless WGI is issued a cancellation request. Terms of cancellation are explained in section 17.

WGI charges, by default, in Ringgit Malaysia (RM). When we charge you in a custom valuate, we reserve the right to adjust the exact amount charged to you to accommodate valuate fluctuation. If the exchange rate changes more than 10% for 3 consecutive calendar months we’ll adjust the rates charged to you after notifying your account administrator about this change.

 

15.  Retention

We’ll retain information you provide for so long as we need it to provide you the Services. If you delete your account, we’ll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

 

16. Intellectual Property Rights
    
    

1. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered) in the Service, App and/or Site, information content on the Site and/or App or accessed as part of the Service, any database operated by us and all the Application and/or website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the sole and exclusive of our property (or that of our licensors). User shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved. 
   
   
2.  None of the materials may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. User may, however, retrieve and display the content of the Site and/or App on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for user’s own personal, non-commercial use, provided Users keep intact all and any copyright and proprietary notices. User may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Application and/or Website without our permission.
   
   
3. All rights (including goodwill and, where relevant, trademarks) in the trade name of  WGI is owned by us (or our licensors). Other product and company names mentioned on the App and/or Site are the trademarks or registered trademarks of their respective owners. 
   
   
4. Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives User no rights to such content.
   
   
5. The authors of the literary and artistic works in the pages on the App and/or Site have asserted their moral rights to be identified as the author of those works.
   
   
6. All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to  WGI  by a User; or (ii) in response to solicitations by us regarding the Service App and/or Site; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and  Users hereby, assign by way of present and future assignment all intellectual property rights in Ideas, to  WGI. Users understand and acknowledge that  WGI  will encompass both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas a that WGI  is only willing to consider Ideas on these terms. In any event, an idea not submitted in confidence and  WGI  assume no obligation, express or implied by considering it. Without limitation, WGI  shall exclusively own all now known or hereafter, existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas. 
   
   

17. Termination

17.1 If Wowlistix has a reasonable suspicion that a User may have engaged in any form restricted activities as set out in Section 3 above or may be in breach of any of the representations, warranties, Terms of Service, WGI may, without any liability to Users, take the following action(s) as  WGI deem necessary: – Report any suspicious or illegal activity to the relevant authorities;– Cancel or refuse any Transactions;– Suspend or close a user’s account or terminate this Terms of Service and/or the Services or part thereof provided to users;– Apply, at WGI’s sole discretion, prevention and detection procedures and refuse– Take further steps as, in  WGI’s reasonable discretion, may deem necessary, including taking legal action against users.

17.2 Wowlistix shall not be prejudiced in any way to exercise the right to terminate this Terms of Service despite the suspension of the Services with respect to a particular breach made by a User. 

17.3 Notwithstanding anything to the contrary, Wowlistix may at any time, for any reason whatsoever and without any liability to adhere the following to Users:– Suspend the Services or part thereof provided to Users; and/or – Terminate this Agreement and/or the Services or part thereof provided to Users, by giving written notice to Users

17.4 In the event of the suspension of user’s Account and/or Services and user thereafter has made a request for reactivation of the same, Wowlistix may at its absolute discretion re-activate the Account and/or Services subject to any requirements as may be determined by Wowlistix. In such circumstances, a User agrees that Wowlistix shall not be liable to Users in relation to any inability to access an Account or the Services or any part thereof.

17.5 User can request for their account to be suspended or make an in-app request to the Wowlistix’s customer service team via our Application and/or website. To execute this, further validation will be required to authenticate the user. 

17.6 Notwithstanding the termination of this Terms and Conditions for any reason, this shall not release User from any liability which, at the time of such termination, has already accrued to Wowlistix or which is attributable to a period prior to such termination nor shall it preclude Wowlistix from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement.

17.7 Your use of the App and/or Site after the time Changes are posted indicates your assent to the Changes. WGI may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. Your exclusive remedy in the event of any of the foregoing will be to terminate your use of the App and/or Site. Upon termination, you must immediately destroy any downloaded and/or printed WGI Content, and any installations thereof, which you have obtained from the App and/or Site.

 

18. Entire Agreement

The Terms of Use (including, without limitation, the Privacy Policy incorporated by reference) constitutes the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

 

19. Governing Law

These Terms shall be governed by and construed in accordance with laws of Malaysia.

 

20. Contact Us

For any questions or concerns relating to this Notice, or our data protection practices, or to make an Individual Rights Request, please contact us at: