Terms & Conditions for POA NSW Members
Date these terms and conditions were posted: May 1st 2016.
These terms and conditions govern the relationship between The Property Owners Association of NSW Inc. (“POA NSW”, “we”, “us”, “our”) and you as a member (“Landlord”) of the POA NSW (“you”, “your”).
Please read these terms and conditions (including the above documents) carefully before you subscribe as a member. If you do not agree to abide by all these terms and conditions, you may not become a member of POANSW.
All POA NSW Members are bound by the Association’s Constitution and by any specific terms and conditions imposed under the Constitution. You can read our constitution here.
About The Property Owners Association of NSW Inc.
POA NSW is an incorporated company registered in Australia with ASIC. under incorporation number 0007320 & ABN 85 640 907 631.
The POA NSW is the leading membership organisation which represents and supports private residential landlords in NSW. Any written & oral general advice is given in good faith and aimed at those leasing, letting, managing residential & commercial property. The POA NSW, its officers or employees cannot be held responsible for any adverse effects or consequential losses following the provision of advice & information given in good faith to members.
These terms and conditions cover the conditions of your membership of the POA NSW.
The rights and obligations you have under these terms and conditions are personal to you and not transferable to any other person. They will cease on your ceasing to be a member, for whatever reason.
Becoming a member of POA NSW does not give you any voting or other rights at general meetings.
Becoming a Member
You can become a member by purchasing a membership on our website. You can also download an application form and post to us a cheque PO Box 329 Bondi Junction NSW 1355. Membership will commence on the successful clearance of funds which can take up to 5 business days to clear.
You will become a member on receiving a confirmation email from us to the email address you provided during the application process.
Ending of membership
You can cancel your membership at any time by letting us know by post, telephone or email email@example.com. Reference your membership number, full personal name or company name.
We may, at our discretion, terminate your membership and take such other action as we deem appropriate:
- if you do anything, or omit to do anything which brings or is likely to bring POA NSW or its name into disrepute
- if you are in breach of these terms and conditions (including the Code of Practice and other documents referred to in them)
- if a complaint is made against you (we have the right to suspend your membership at this point while we conduct an investigation into the complaint) and the POA NSW executive committee decide that you should be expelled following its investigation into the complaint, or you refuse to act on its reasonable recommendations to resolve it.
We may, at our absolute discretion, re-admit a person who has ceased to be a member by reason of the above provisions.
Lapsing of membership
Where a Member’s subscription is overdue, access to membership services and benefits may be denied pending payment of any outstanding subscription or other fees. Any Member whose subscription is overdue for more than three (3) months will cease to be a Member of the Association and will not be entitled to access any benefits and entitlements of membership. At the discretion of the Association, and upon payment of outstanding and overdue subscription fees and other charges, a person may have their membership reinstated.
Membership fees and Subscription fees paid in advance are non-refundable. Pro-rata refunds are not available.
Upon written request, any unexpired or unused membership subscriptions, at the date of cancellation, may be transferred to another potential member. A new application will need to be lodged for the new potential member.
Changing membership details
Only the named Member or person authorised by the named Member may request a change in membership details and this must be done in writing. Please email firstname.lastname@example.org or post to PO Box 329 Bondi Junction NSW 1355, for example a change of address or contact numbers.
Certain changes in Member personal details may require the lodgement of documented proof prior to actioning by POA NSW.
Stopping of our services
We may remove and stop the service at any time by putting notice on the website, at our sole discretion, in which case you and all other members will cease to be members of POA NSW.
Consequences of termination
On your ceasing to be a Landlord Associate (for whatever reason, including where due to your default or where we stop the POA NSW business as a whole – see above), your entitlement to benefits as a Landlord Associate will cease.
Use of POA NSW branding
You may not use, or permit or sublicense anyone else to use, any of the POA NSW names, logos or branding.
Data Protection and use of Personal Data
In respect of any personal information you enter into any online form or database, such information will be kept confidential and will not be distributed to any third party. We may analyse such information and use it for our own research and related purposes. As a data process we shall:
- Only use the information you enter in accordance with your instructions
- Ensure that we have adequate security measures in place to ensure that all such information is protected from disclosure to third parties.
In respect of any information about you which you provide to us, POA NSW is committed to respecting your privacy and protecting it and we will hold and process information about you in accordance with the Privacy Act.
You warrant that all information provided by you (as part of the membership registration process or otherwise) is correct, accurate and not misleading.
Limitation of our liability
Every effort is made to ensure the accuracy of our newsletters, journals and any other publications; however, neither we nor the authors can accept liability for errors and omissions within them.
The general forms and other related templates accessible by members on our website are template documents as well as proscribed government forms based on accepted good practice. We believe that they are compliant with the relevant laws at the time of publication. However, they are no substitute for specific legal advice, which should be taken before reliance, adaptation or use.
In circumstances where you suffer loss or damage arising out of or in connection with your Associate Membership, in particular use of the all related forms offered on the website or otherwise, to the extent permitted by law, we, other members of our group of companies and third parties connected to us accept no liability for this loss or damage and hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with any goods and services offered as a benefit including, without limitation, any liability for:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of goodwill
- wasted management or office time
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
The POA NSW is not responsible for the accuracy or content of third party websites which may have links from this website. In creating hypertext links to any other websites the POA NSW is not recommending that website or giving any assurances at to its standing or quality of services. The use of such links is entirely at your own risk and the POA NSW accepts no responsibility or liability for the content, use or availability of such websites.
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
Governing Law and Jurisdiction
These terms and conditions are governed by Australian law. You hereby irrevocably submit to the exclusive jurisdiction of the Australian notwithstanding the jurisdiction where you are based.
Neither party shall be liable to the other for any delay or non-performance of its obligations by reason of matters beyond its control including, but not limited to, any act of terrorism, war, riot, civil commotion, compliance with any law or government order, fire, flood or storm, strikes, or any other industrial dispute, delay in transit, power failure, postal delay, or any event that cannot be reasonably be planned for or avoided.
Queries and Complaints
If you have any queries or comments about your membership, please contact us or write to us at PO Box 329 Bondi Junction NSW 1355. If you are not satisfied with any part of the services we have provided you as part of your membership, please get in touch with us and we can investigate the complaint for you.
With a view to making sure standards are kept as high as possible, we reserve the right to discuss your complaint amongst the executive committee for a satisfactory outcome/solution.
On becoming a member of POA NSW you are deemed to have accepted the above Terms and Conditions.