BoomAU Terms of Service

These Terms of Service (“Terms”) govern your use of boomau.com and the BoomAU service operated by [ENTITY NAME] (ABN [ABN TBC]) (“BoomAU”, “we”, “us”, “our”).

(a) Acceptance and eligibility.

By using BoomAU you agree to be bound by these Terms, the Privacy Policy, and the Disclaimers. You must be at least 18 years old and a resident of Australia. If you are acting on behalf of an entity, you warrant that you have authority to bind that entity to these Terms.

(b) Description of the service.

BoomAU is a free information service. We publish:

• suburb-level signal ratings on an Australian data set, using the user-facing labels Strong, Good, Fair, and Weak;
• a fortnightly free report listing suburbs by signal rating;
• an interactive suburb map and watchlist for signed-in users;
• optional introductions to property professionals (buyers agents, mortgage brokers) where you confirm a specific introduction.

The service is an information product. BoomAU does not act as a buyer's agent, real-estate agent, licensed financial adviser, credit assistance provider, tax adviser, or legal adviser, and does not transact on your behalf.

(c) Sign-in and account identity.

BoomAU sign-in is by Australian mobile number plus name, verified by a one-time code we send by SMS. You are responsible for keeping the mobile number on file accurate, for receiving the SMS one-time codes, and for not allowing another person to use your account. Providing a false name or a phone number you do not control is a material breach of these Terms.

(d) Pricing.

The BoomAU service is free for end users. We do not charge end users a fee for the service. We may receive a fee from a property professional when you confirm an introduction to that professional and that introduction subsequently results in an engagement; this fee is paid by the professional, not by you, and does not affect the data, ranking, or matching shown to you.

(e) Communications, consent, and opt-out.

By signing in you provide express consent for BoomAU to contact you by SMS or call about your watchlist suburbs, market alerts, and matched property professionals. You can opt out at any time by replying STOP to any BoomAU SMS, or by asking us to stop calling during a BoomAU call. We do not transfer your phone number or name to any property professional unless and until you have confirmed that specific introduction. Full detail in the Privacy Policy.

(f) Data accuracy.

Your use of the service is subject to the Signal Rating Disclaimer (/legal/disclaimer), the Past-Performance and Backtest Disclaimer (/legal/backtest-methodology), and the Property-Level Data Disclaimer (/legal/property-data). Those disclaimers are incorporated by reference. Nothing we publish is personal financial, credit, tax, legal, or investment advice, or a buyer's agent service.

(g) Intellectual property.

All methodology, ratings, backtest outputs, software, copy, and other content produced by BoomAU are the intellectual property of [ENTITY NAME] or its licensors, and are protected by Australian and international copyright, trade-mark, and other laws.

Use of the BoomAU service grants you a personal, non-exclusive, non-transferable, non-sublicensable licence to view and use the published ratings, reports, and watchlist outputs for your own personal, non-commercial due-diligence purposes. It does not transfer ownership, and it does not grant any right to reproduce, redistribute, republish, resell, sub-licence, or host BoomAU content, in whole or in substantial part, in any medium.

(h) Acceptable use.

You must not, directly or through any person or tool:

• scrape, crawl, spider, or extract BoomAU content by automated means;
• resell, redistribute, publish, share, or host BoomAU content;
• access the service using a phone number or name that is not your own;
• reverse-engineer, decompile, or attempt to derive the methodology from BoomAU outputs;
• use the service to build a competing product;
• use the service in breach of any law.

We may suspend or terminate access for breach of this clause.

(i) Disclaimers.

The service is provided on an “as-is” and “as-available” basis. Without limiting the specific disclaimers in (f):

• Direct residential real estate is not, of itself, a “financial product” under the Corporations Act 2001 (Cth) s 764A, and BoomAU does not hold, nor represent that it holds, an Australian Financial Services Licence. Nothing we publish is financial product advice.
• BoomAU does not provide personal advice. We do not know, and do not take into account, your financial situation, objectives, borrowing capacity, tax circumstances, or long-term goals.
• BoomAU is not a licensed buyer's agent, estate agent, or real-estate adviser in any Australian state or territory and does not deal in, negotiate, or transact real estate.
• Any property professional we introduce you to is independent of BoomAU. BoomAU is not responsible for that professional's advice, conduct, or service. You should satisfy yourself independently of their licensing, fees, and suitability before engaging them.
• BoomAU is not a substitute for a qualified building and pest inspection, a formal valuation, legal conveyancing, or professional financial, credit, tax, or legal advice. You must obtain these services independently.

(j) Limitation of liability.

To the maximum extent permitted by law, and without excluding, restricting or modifying any non-excludable right or remedy under the Australian Consumer Law:

• BoomAU's aggregate liability to you for any claim arising out of or in connection with these Terms or the service, however arising (including negligence), is limited to A$100 (one hundred Australian dollars).
• BoomAU is not liable for any indirect, consequential, special, incidental, or punitive loss, or for loss of profits, loss of opportunity, loss of expected capital gain, loss of data, or any economic loss, arising out of or in connection with these Terms or the service.
• Where an ACL consumer guarantee applies to a service and the breach cannot reasonably be characterised as a major failure, BoomAU's liability is, at its option, limited to re-supply of the service or payment of the cost of re-supply, to the extent permitted by s 64A of the ACL.

Non-excludable ACL consumer guarantees are expressly preserved.

(k) Indemnity.

You agree to indemnify BoomAU against any loss, damage, cost, or expense (including reasonable legal costs) suffered by BoomAU arising out of or in connection with (i) your breach of these Terms, (ii) your unlawful or unauthorised use of the service, or (iii) your reliance on BoomAU content in a way that these Terms or the Disclaimers expressly prohibit. This indemnity is capped at A$100 and does not apply to the extent the loss was caused by BoomAU's own breach, negligence, or wilful misconduct.

(l) Modifications to these Terms.

We may update these Terms from time to time. Minor, non-material changes take effect on publication. Material changes — including any change to the consent text, communications channels, acceptable-use rules, or intellectual-property licences — take effect no less than thirty (30) days after the date of the notice on the site, and are also notified by SMS to active accounts where the change affects how we contact you. Continued use of the service after the notice period constitutes acceptance of non-material changes.

(m) Termination.

You may stop using the service at any time, including by replying STOP to a BoomAU SMS. We may terminate or suspend your access immediately for material breach of these Terms (including clauses (c) and (h)) or where required by law. On termination, clauses (f), (g), (i), (j), (k), and (n) survive.

(n) Governing law and jurisdiction.

These Terms are governed by the laws of the State of [STATE], Australia, and the federal laws of Australia that apply in [STATE]. You and BoomAU submit to the exclusive jurisdiction of the courts of [STATE] and the federal courts of Australia sitting in [STATE].

(o) Severability, entire agreement, and contact.

If any clause is held unenforceable, it is severed to the minimum extent necessary and the balance remains in force. These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and BoomAU in relation to the service.

Contact: [ENTITY NAME], ABN [ABN TBC], [CONTACT EMAIL].