These Terms of Use ("Terms") govern your access to and use of the OpenRent website, mobile applications, and related services (collectively, the "Service"), operated by OpenRent Pty Ltd (ACN to be confirmed) ("OpenRent", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. The Service
OpenRent is a platform that allows individuals who have rented residential property to share anonymous reviews of their experience with other prospective tenants. The Service hosts user-submitted content but does not author, endorse, adopt, or independently verify any review or other content posted by users ("User Content"). Reviews and ratings represent the personal opinions and experiences of individual users at a specific point in time and may not reflect the current condition of any property, the conduct of any current owner or manager, or the opinion of any other person.
2. Eligibility
- You must be at least 18 years of age to use the Service.
- You must have legal capacity to enter into a binding agreement.
- You must not be barred from using the Service under applicable law.
3. Accounts and Anonymity
When you create an account, you agree to provide accurate information and to keep your credentials secure. You are responsible for all activity on your account.
"Anonymous" means that your identity is not displayed publicly alongside your reviews. It does not mean OpenRent holds no information about you. We retain technical and account information for moderation, abuse prevention, and legal compliance, and may be required by law, court order, or valid legal process to disclose information that could identify you. See our Privacy Policy for details.
4. Your Content and Conduct
You are solely responsible for User Content you submit. By submitting User Content you represent and warrant that:
- The content describes your own first-hand experience as a tenant of the property at the time stated;
- The content is truthful, accurate, made in good faith, and not misleading;
- The content reflects your honestly held opinion based on facts you reasonably believe to be true;
- The content does not contain matter that is defamatory, threatening, harassing, discriminatory, obscene, or otherwise unlawful;
- The content does not identify or single out any individual (including landlords, property managers, neighbours, or other tenants) by name, photograph, or other identifying detail, except where the individual is acting in their capacity as a registered business and the information is factually accurate and a matter of legitimate public interest;
- The content is not submitted in exchange for payment, in response to an incentive from a competitor or interested party, or with the intent to cause commercial harm;
- You have all rights necessary to submit the content and grant the licence below; and
- The content does not infringe any third party's intellectual property, privacy, publicity, or contractual rights.
5. Prohibited Uses
You agree not to:
- Post fake, fabricated, or duplicate reviews;
- Post reviews of properties you have not personally rented and occupied;
- Post reviews on behalf of any business, competitor, or interested party;
- Use the Service to threaten, intimidate, or harass any person;
- Attempt to discover the identity of any anonymous reviewer;
- Scrape, copy, or republish User Content without our written consent;
- Interfere with the operation of the Service or attempt to circumvent its security or moderation systems; or
- Use the Service for any unlawful purpose.
6. Licence to Your Content
You retain ownership of your User Content. You grant OpenRent a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to host, store, reproduce, modify (for formatting and moderation), publish, publicly display, distribute, and otherwise use your User Content in connection with operating, providing, and promoting the Service. This licence survives termination of your account to the extent necessary for backup, legal, regulatory, and archival purposes.
7. Moderation, Removal, and Takedown
OpenRent is under no general obligation to monitor User Content. We reserve the right (but not the obligation), in our sole discretion, to review, refuse, edit, hide, or remove any User Content at any time, with or without notice, and to suspend or terminate accounts that breach these Terms.
Property owners and managers: if you believe a review is unlawful, factually inaccurate, or breaches these Terms, you may submit a written notice to legal@open.rent identifying the review, the property, your relationship to it, and the specific grounds for complaint. We will assess complaints in good faith and on a case-by-case basis. Submission of a complaint does not guarantee removal. Knowingly false or bad-faith complaints may result in liability under applicable law.
8. No Endorsement; Opinions Only
User Content is the opinion of the individual reviewer and does not represent the views of OpenRent. OpenRent does not adopt, endorse, or guarantee the accuracy, completeness, currency, or reliability of any User Content. You should not rely on any review as the sole basis for a tenancy decision and should conduct your own inspection, due diligence, and enquiries.
9. Disclaimer of Warranties
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise. OpenRent disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of content. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.
10. Limitation of Liability
To the maximum extent permitted by law, OpenRent and its officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, data, goodwill, or business opportunity, arising out of or in connection with your use of the Service or any User Content, whether based in contract, tort (including negligence), statute, or otherwise, even if advised of the possibility of such loss.
Where liability cannot lawfully be excluded, OpenRent's total aggregate liability is, at OpenRent's election, limited to (a) the re-supply of the Service or (b) AUD $100, whichever is greater.
11. Indemnity
You agree to indemnify, defend, and hold harmless OpenRent and its officers, employees, contractors, and affiliates from and against any and all claims, demands, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your User Content;
- Your breach of these Terms;
- Your violation of any law or third-party right; or
- Your use or misuse of the Service.
12. Intellectual Property
The Service, including its software, design, branding, and the compilation of User Content, is owned by OpenRent or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
13. Third-Party Links and Services
The Service may link to or integrate with third-party websites or services. OpenRent does not control and is not responsible for third-party content, terms, or practices.
14. Termination
You may stop using the Service at any time. We may suspend or terminate your access to the Service at any time, with or without notice or cause, including for breach of these Terms. Sections that by their nature should survive termination (including Sections 4, 6, 9, 10, 11, 12, 15, and 16) will survive.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You and OpenRent submit to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia, except that either party may seek urgent injunctive relief in any court of competent jurisdiction.
16. Changes to these Terms
We may update these Terms from time to time. The "Effective date" above will be updated when we do. Material changes will be brought to your attention through the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
17. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and OpenRent regarding the Service.
- Severability. If any provision is held unenforceable, the remainder will remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our consent. We may assign them freely.
18. Contact
For legal notices and complaints:
legal@open.rent
For general support:
hello@open.rent