General Terms

These General Terms were last updated in December 2024.

1. Welcome

  1. Welcome to www.poba.com.au (Website) an innovative real estate connector, owned and operated by Poba Pty Ltd ACN 672 985 429 (we/us/our).
  2. Buyers and buyer agents can seize the opportunity to publicly list property preferences and transaction parameters in a purpose-built online directory. This has the potential to increase the probability of finding a suitable property and in turn the time taken to do so.
  3. Sellers and selling agents, by using the buyer listing directory can identify relevant leads, offering the potential of decreasing saleable property's marketing costs and time on market, whilst also increasing the purchase price.

2. General Terms

Access to and use of the Website is subject to the following terms, conditions and notices (General Terms). By accessing the Website you are agreeing to be bound by these General Terms. If you do not agree to these General Terms, you should immediately leave the Website.

3. Account creation

  1. Certain features of the Website and access to our services (described in clause 4) (Services) require the creation of an account.
  2. By creating an account, you acknowledge and agree that you will be required to agree to additional terms (Account Terms), which you will be prompted to review and accept during your account creation process.
  3. You must provide accurate and complete information during the account creation process. Failure to do so may result in our rejection of your account creation request or subsequent suspension or termination of your account.

4. Variations

  1. We reserve the right to amend these General Terms from time to time. Amendments will be effective immediately upon being published on the Website. As we may update these General Terms from time to time. You should check this page regularly to take notice of any changes we may have made.
  2. Your continued use of the Website following a change we have made represents your agreement to be bound by the revised General Terms.
  3. We also reserve the right in our absolute discretion at any time and without notice to amend, remove or vary our Services or any page of the Website.

5. Website

Access to the Website is permitted on a temporary basis. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of Website.

6. Linked sites

The Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the website terms and conditions of the Linked Site.

7. Privacy policy

Our privacy policy, which sets out how we will collect, use and disclose personal information, can be found at Privacy Policy. By using the Website, you consent to us collecting, using and disclosing your personal information in accordance with our privacy policy.

8. Intellectual property

  1. The intellectual property rights in the Website and all content (including images) made available to you on or via the Website, remain our property or the property of our licensors and are protected by intellectual property laws. All legal rights are reserved by us and our licensors.
  2. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any part of the Website or any of the content or copies of the content supplied to you or which appear on the Website prior to creating an account. Your rights to use the content after you have created an account are set out in our Account Terms.

9. Disclaimer of liability

  1. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Linked Sites.
  2. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness.
  3. To the fullest extent permitted by law, we hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
  4. For completeness this clause 9, does not affect nor seek to affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

10. Linking to our Website

  1. You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  2. You must not establish a link from any website that is not owned by you or your employer. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

11. Disclaimer as to ownership of third party trade marks, images and copyright

  1. Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with us and you should not rely on any perceived existence of such a connection or affiliation.
  2. Any trade marks/names featured on the Website are owned by the respective trade mark owners or other users. Where a trade mark or brand name is referred to within any content on the Website, it is used solely to describe or identify the third party and is in no way an assertion that such products or services are endorsed by or connected to our Website.

12. Indemnity

You agree to indemnify, defend and hold us harmless, including our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees on a solicitor client basis) arising from your use of the Website or your breach of these General Terms.

13. Invalidity

If any part of these General Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the General Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

14. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting our support team.