Account Terms

These General Terms were last updated in December 2024.

1. Legally binding agreement

By creating an account on the website (www.poba.com.au) (Website) and confirming your agreement to the terms and conditions set out in these account terms (Terms), by clicking “Create Account” or an equivalent check box or button, you acknowledge that you are accepting these Terms and entering into a legally binding clickwrap agreement with Poba Pty Ltd ACN 672 985 429 (we/us/our).
In consideration of your acceptance of these Terms, we will, subject to the provisions of these Terms, provide you with access to the Website's features and our services (as described in clause 4) (Services).
By accepting these Terms, you also acknowledge and agree that you expressly assent to our general website terms available here (General Terms) and intend for the General Terms to be legally binding on you.
If you do not wish to accept these Terms, do not complete the account creation process.

2. Account creation

The Website and our Services aim to enhance the efficiency of real estate transactions by facilitating improved matchmaking between prospective buyers and sellers of Australian real property. This process enables sellers and selling agents to identify and communicate with prospective buyer's whose transaction parameters align with their saleable property.
Accounts are only for users of the Website that intend to enter or to facilitate entering a real estate transaction, including buyers, sellers, developers and agents.
You must only create an account where you:

are a natural person, over the age of 18 years;
have provided a valid email address of yours which you regularly check and use; and
have a genuine, bona fide intent of being a party to, or assisting a third party you represent with entering into an Australian real estate transaction.

Prior to your account being approved, we may request additional information or documentation from you to verify the accuracy of data and content you have provided. Where we make such a request, your account will not be approved until we are reasonably satisfied your response addresses our request.

3. Account maintenance and responsibility

Subject to these Terms, you retain administrative control over your account, including any personal information associated with your account and any content uploaded or created on or via the Website using your account (Content).
You are responsible for all Content and any other activity that emanates from your account, even if it wasn't you.
You are responsible for keeping your account secure whilst it is active, including maintaining the security of your account's log in credentials. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify our support team if you become aware of any unauthorised use of, or access to, your account or our Website or Services through or via your account.

4. Services

If you are a prospective buyer or a buyers agent, as an account holder, you can create a buyer listing. This listing details the desired property purchase, along with the relevant transaction constraints. Once it is posted, prospective sellers with a saleable property aligning with your listing information will be able to communicate with you.
If you are a prospective seller or a selling agent interested in identifying potential buyers, you can view and search the directory of buyer listings for a match. Where you identify a possible match, you can communicate via the Website with that prospective buyer.

5. Communication obligations

Whilst you have an active listing in the buyer directory, you agree to promptly respond to inquiries and communications you receive via the Website. Where you anticipate you will be unable to satisfy this obligation, or if you unexpectedly become unable, you must remove your listing.
Whenever communicating with other users, you must at all times conduct yourself in a professional and respectful manner.
We are committed to ensuring a secure, respectful, and lawful environment for all users and visitors of the Website. Accordingly, you must not:

commit, encourage, or seeking to commit a criminal offense;
transmit or distribute any malicious or harmful code;
breach any confidentiality obligations;
act in an offensive or obscene manner, or in any manner reasonably likely to be considered as such;
hack into any aspect of the Website;
corrupting any data on the Website;
cause annoyance to other users;
infringe upon the any other person's proprietary rights;
send or post unsolicited advertising or promotional material (spam);
attempt to affect the performance or functionality of any computer systems accessed through or supporting the Website;
engage in harassment, discrimination, or bullying of any other users;
impersonate others or attempt to deceive fellow users;
violate the privacy rights of other users;
otherwise violate these General Terms.

You acknowledge that breaching clause 5(c) may constitute a criminal offense and we may report any such breach to a relevant law enforcement authority along with disclosing your identity to them.

6. Content

You retain ownership of and responsibility for your Content. If your Content includes anything you did not create yourself or do not own the rights to, you agree that:

you are solely responsible for the Content you post;
you will only submit Content that you have the legal right to; and
you will fully comply with any third-party licenses relating to your Content.

As you retain ownership of and responsibility for your Content, we need legal permissions from you to use it so that we can perform our Services. To this end, you grant us (and our legal successors and assigns) a non-exclusive, world-wide, fee free licence to use your Content as detailed in subclauses 6(c) - 6(d).
We may:

store, archive, analyse, parse to a search index and display your Content with others, and make incidental copies, as necessary to provide our Services, including improving our Services over time; and
permit other users of the Website to:

view Content via the Website that is publicly posted or uploaded, including buyer listings and particular information in your account, which is viewable by other users;
view communications that you send directly to another account holder; and
copy the Content as part of the normal process of providing the Website and our Services.

We must not:

use the Content for any purpose or in any manner other than as set out in clause 6(c);
distribute or use your Content in a manner that is not directly related to the provision of our Services; or
grant rights or purport to grant rights to other users of the Website in relation to the Content other than as set out in clause 6(c).

7. Intellectual property rights

We and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and our Service. We reserve all rights that are not expressly granted to you under these Terms or otherwise at law.
The look and feel of the Website and our Services is copyright protected work. You must not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts.
We're always trying to improve the Website and our Services, your feedback helps us do that. If you share any ideas, know-how, suggestions, enhancement requests, recommendations or any other feedback for the Website or our Services (Suggestions) with us, you acknowledge and agree that we will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Suggestions into the Website and our Services and any derivative or further works we create will be owned by us.

8. Confidentiality and privacy

In this clause 8:
Confidential Information means all information disclosed by or on behalf of a party (Discloser) to the other party (Recipient) in connection with these Terms, the Website or our Services, which is confidential in nature and designated as confidential, or which a reasonable person receiving the information would realise is sensitive or confidential, and all information created or derived from that information. Confidential Information does not include any information which:
1. is or becomes public, except through breach of a confidentiality obligation;
2. the Recipient can demonstrate was already in its possession or was independently developed by the Recipient; or
3. the Recipient receives from another person on a non-confidential basis, except through breach of a confidentiality obligations.
Personal Information means information or an opinion about an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is contained within the Content and which is collected, used, disclosed, stored, viewable or handled by you in connection with these Terms.
A Recipient must not, without the prior written consent of the Discloser, use or disclose the Discloser's Confidential Information unless expressly permitted by these Terms or required to do so pursuant to operation of law, provided the Discloser has been given reasonable notice to object to such disclosure, unless such notice is prohibit by law.
A party may:

use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under these Terms; and
disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to these Terms, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.

A Recipient must implement and maintain effective security measures to prevent unauthorised use and disclosure of the Discloser's Confidential Information whilst it is in the Recipient's possession or control.
A Recipient must return, or at the Discloser's option destroy, all Confidential Information of the Discloser in the Recipients possession or control, on the earlier of the Discloser's request or on termination of these Terms.
You must not use or disclose any Personal Information for a purpose other than strictly in connection with receiving the intended benefit of our Services, including adding the Personal Information you receive or obtain into a physical or digital contact list or any other form of external database or record, unless you have the person's express consent to do so.
You must take all necessary steps to protect Personal Information that is in your possession or control against misuse or loss.

9. Misuse

We reserve the right to immediately terminate or suspend your account, without notice, if:
1. you are found to be violating; or
2. we reasonably suspect you have or are likely to violate, these Terms and/or our General Terms.
We reserve the right to take legal action against you where you have violated applicable Australian laws or regulations. This may include, reporting you to relevant enforcement authorities.
We will endeavor to resolve any dispute arising from our enforcement of these terms with you through a fair and impartial dispute resolution process. However, your account termination or suspension, even where you are not at fault or in breach, may not be restored by us until our investigation and the dispute resolution process has concluded or at all.

10. Disputes with other users

To the extent permitted by law, if you have a dispute with one or more users, you agree to release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11. Indemnity

You release, discharge and indemnify us from and against any loss, damage, liability, cost or expense (including legal expenses on a solicitor client basis) suffered or incurred by us, whether in contract, tort (including negligence), or otherwise in connection with any:

violation of these Terms by you;
any claim made by a third party that any of your Content infringes their legal rights;
any dispute between you and another user, provided that we:
1. give you written notice of the claim, demand, suit or proceeding within a reasonable time of receiving formal notice of it;
2. give you sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability); and
3. provide you with all reasonable assistance, at your expense.

12. Changes to these Terms

We reserve the right, at our sole discretion, to amend these Terms at any time and will update these Terms as published on our Website where amendments are made.
We will notify you of material changes to these Terms, at least 30 days prior to the change taking effect by posting a notice on our Website and/or sending an email to the primary email address specified in your account.
Your continued use of the Website and our Services after those 30 days, constitutes your agreement to and acceptance of the updated Terms.
For any other variations, your continued use of the Website constitutes agreement to our revisions of these Terms once the revised version of the Terms has been published on our Website.

13. Acknowledgement of risks and responsibility

Whilst we desire for the Website and interactions between users to be genuine, harmless and only for purposes of facilitating real estate transactions, we are not able to guarantee this and therefore cannot accept responsibility for any loss, cost or damage that you suffer from or in connection with the Website or your receipt of our Services, whether directly or indirectly.
You acknowledge and agree that:
1. there are inherent risks when dealing with unknown and unverified third parties in an online environment and with real estate transactions;
2. you bear full responsibility for your interactions with other users and any consequences following these interactions including from relying on such communications or any part of them;
3. we do not presently take any steps or have any processes that check, authenticate or confirm:
  1. that a user is a natural person;
  2. that a user's information is correct;
  3. that details published in a buyer listing are up to date, accurate and/or truthful;
  4. that any communications emanating from other users are genuine, truthful and/or accurate; and
  5. any information relating to saleable real property that users wish to offer for sale are real, capable of being sold by that person or are of a certain type or condition.
To mitigate these inherent risks, whenever using the Website or receiving the Services, you must:
1. ensure that you maintain active and up to date antivirus software with browser security features activated;
2. ensure your browser is up to date and has reasonable safety settings enabled;
3. ensure your data, devices and computer systems are being backed up to a secure external location regularly;
4. not follow any links which have been provided to you, until you have verified their authenticity by hovering over or copying the linked destination outside of your browser and confirming the domain name is a trusted one;
5. refrain from downloading or viewing any attachments or files sent to you via the Website whether from us or from another user, unless they have been screened by antivirus software first;
6. make your own careful assessment of the accuracy, currency and suitability of any and all information on the Website and communications received via the Website or otherwise from us (including in any promotional or marketing material we send you) before relying upon it;
7. refrain from sending any money or providing your banking information (including card details); and
8. refrain from entering into a property sales contract, until you have engaged a lawyer and other professionals to advise and assist you with any potential transaction.

14. Acknowledgement of risks and responsibility

Notwithstanding any other provision of these Terms, these Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations (including implied guarantees under the Australian Consumer Law). In the event implied guarantees under the Australian Consumer Law are applicable, to the extent possible, we limit our liability in respect of them, at our option to:

the supply of the Services again; or
the payment of the cost of having the Services supplied again.

We provide the Website and our Services on an “as is” and “as available” basis without warranty of any kind.
Without limiting the generality of the preceding subclause, we do not warrant that our Services or the Website:

will meet your requirements;
will be uninterrupted, timely, secure, or error-free;
are free of viruses or other harmful components;
contain accurate, reliable or correct information;
will have defects or errors corrected; and
will be available or accessible at any particular time or location.

15. Limitation of liability

We disclaim liability and responsibility for any Content made available on or via the Website by other users.
To the extent permitted by law, we exclude all liability in respect of loss of data, loss of opportunity, loss of contract, interruption of business or any other consequential or incidental loss.
To the extent permitted by law, our total aggregate liability for all claims relating to the provision of the Website and the performance of our Services is limited to $10,000.
A party who suffers loss or damage must use reasonable steps to mitigate its loss. The other party will not be responsible for any loss, damage or expenses to the extent that the injured party could have avoided or reduced the amount of the loss, damage or expense, by taking reasonable steps to mitigate its loss.

16. Communicating with us

We only offer support via email. We do not offer telephone support.
You consent to receiving communications from us in an electronic format, which we will send to the email address you have nominated in your account or via the Website.
You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.
Communications emailed to our support team will not constitute formal legal notice to us or any of our officers, employees, agents or representatives. In any situation where notice to us is required by contract or any law or regulation, notice must be in writing and served on our legal counsel. We will promptly provide their contact details to you following receipt of a bona fide request for them to our support team.

17. Ending these Terms

You can cancel your account, terminating these Termes, at any time, by going into your account settings. It is your responsibility to cancel your account. The account screen provides a simple, no questions asked cancellation link. We are not able to cancel accounts in response to an email or phone request.
We will retain and use your information and Content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your account is canceled.
We will not delete your Content that has been saved to other users accounts and are unable to delete communications that have been sent to another user via the Website.
Upon request, we will make a reasonable effort to provide you with a copy of your lawful, non-infringing Content after the cancellation or termination of your account. You must make this request within 90 days of cancellation or termination.
We have the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. We reserve the right to refuse to provide our Service to anyone for any reason at any time.
Termination or suspension of the Terms will not affect the accrued rights and remedies of the parties prior to termination or suspension.

18. General

You must not assign, sublicence or deal in any other way with any of our rights under these Terms without our prior written consent. We may assign, sublicence or deal in any other way with these Terms (including our rights granted pursuant to these Terms), in whole or in part, to any person or entity at any time with or without your consent.
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
Any clause in these Terms which is expressed to survive or by its nature survives, will survive termination or expiry of these Terms for any reason.
Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
These Terms (and the General Terms) are the entire agreement of the parties about its subject matter and supersede all other representations, arrangements or agreements. Other than as expressly set out in these Terms, no party has relied on any representation made by or on behalf of the other.
A provision of or a right under this Agreement may not be waived or varied except in writing signed by the person to be bound.
A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a force majeure event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.
These Terms are governed by and are to be construed in accordance with the laws applicable to Queensland. Each party submits to the jurisdiction of the courts of Queensland.