Terms of Service

These Terms of Service (Terms) govern your access to and use of the Openr platform, websites and related services (the Platform), operated by SyncCube Technology Pty Ltd (ABN/ACN [ABN/ACN]) (we, us, our). By creating an account or using the Platform you agree to these Terms. If you are using the Platform on behalf of an agency or organisation, you confirm you are authorised to bind that organisation to these Terms.

1. What Openr is — and is not

Openr is software that helps real estate agents run transparent, timed private-treaty offer campaigns. Approved buyers submit conditional offers during a defined offer period, the leading offer amount is shown live, the closing time can extend when a late offer is received, and the agent and seller receive a complete, auditable offer history.

The offer process is not an auction. Submitting an offer through the Platform does not create a binding contract. A seller is not obligated to accept the highest offer, or any offer, and may accept, reject or negotiate any offer at their discretion. A contract for the sale of property is only formed once formal contract documents are signed and exchanged by all required parties in accordance with applicable law. We are a technology provider only: we are not a party to any sale, are not a real estate agent, auctioneer, broker, conveyancer or legal adviser, and we do not provide real estate, legal, financial or tax advice.

2. Accounts and roles

The Platform supports several account roles, each with different responsibilities:

• Agents create properties and campaigns, approve buyers, manage offer periods and act for the seller. Agents are responsible for ensuring their use of the Platform complies with all real estate, agency, licensing, advertising and consumer-protection laws that apply to them.
• Sellers (Vendors) are given read-only access to campaign summaries for their property. Seller accounts are provisioned by the agent.
• Buyers register, request approval to participate in a campaign, accept the offer-process terms, and submit conditional offers.

You must provide accurate information, keep your login credentials secure, and are responsible for all activity under your account. You must be at least 18 years old and able to form a legally binding contract. Notify us promptly at hello@useopenr.com if you suspect unauthorised use of your account.

3. Submitting and managing offers

• Only buyers who have been approved for a campaign and have accepted the offer-process terms may submit offers.
• An offer must meet the campaign's minimum-increment rules and be submitted before the offer closing time. Offers received within the extension window may extend the closing time, as configured for that campaign.
• An offer reflects the buyer's stated intent and proposed conditions (such as deposit, finance period, building and pest period, settlement date and any additional terms). It is not an enforceable agreement to purchase, and acceptance of an offer on the Platform does not by itself form a contract of sale.
• You must not submit fake, fraudulent, or bad-faith offers, attempt to manipulate a campaign, or submit offers you do not genuinely intend to honour through to a formal contract.
• Agents and sellers make their own decisions about offers. We do not verify a buyer's identity, finances or ability to complete, and we are not responsible for any party's conduct.

4. Information we record for the audit trail

To provide a complete and auditable offer history, the Platform records details of campaign activity, including offer amounts, conditions, timestamps, and technical information such as IP address and browser user agent associated with key actions. How we handle personal information is described in our Privacy Policy.

5. Offer privacy

The Platform enforces tiered visibility of offer information. Buyers and the public see only the leading offer amount and anonymised buyer aliases (and a buyer's own offers); sellers additionally see all offer amounts and conditions; agents and administrators see full details including buyer identity. You must not attempt to circumvent these controls or to identify or contact other buyers through the Platform.

6. Fees and billing

Certain features, including running a campaign, are paid. Pricing, payment timing, taxes and our refund and cancellation policy are set out in our Billing & Refunds Policy, which forms part of these Terms. Payments are processed by our third-party payment processor (Stripe); we do not store full card details.

7. Acceptable use

You agree not to:

• use the Platform for any unlawful, misleading or deceptive purpose, or in breach of real estate, consumer, privacy, anti-spam or anti-money-laundering laws;
• post content that is false, defamatory, infringing, or that you do not have the right to share;
• interfere with, probe, scrape, overload or attempt to gain unauthorised access to the Platform or other users' data;
• misrepresent your identity, role or authority; or
• use the Platform to facilitate conduct that would constitute an auction where you are not licensed or permitted to conduct one.

We may suspend or terminate accounts that breach these Terms or that we reasonably believe pose a risk to other users or to us.

8. Content and intellectual property

You retain ownership of the property listings, images and other content you submit (Your Content), and you grant us a non-exclusive, worldwide licence to host, process and display Your Content for the purpose of operating the Platform. You are responsible for ensuring you have the rights and consents needed to upload Your Content. The Platform itself, including its software, design and trade marks, remains our property or that of our licensors.

9. Third-party services

The Platform relies on third-party services (for example, payment processing and infrastructure providers). Your use of those services may be subject to their own terms, and we are not responsible for third-party services we do not control.

10. Disclaimers

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we do not warrant that the Platform will be uninterrupted, error-free or secure, or that it will meet your requirements. We do not warrant or guarantee any sale outcome, offer, or the conduct of any agent, seller or buyer. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under applicable consumer-protection law (including the Australian Consumer Law) that cannot lawfully be excluded.

11. Limitation of liability

To the maximum extent permitted by law, and subject to any rights you have under applicable consumer-protection law, we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with your use of the Platform. Where our liability cannot be excluded but can be limited, our total aggregate liability is limited to the greater of the fees you paid to us in the 12 months before the event giving rise to the liability, or AUD $100. We are not liable for the acts or omissions of agents, sellers, buyers or other users, or for any sale or failure to complete a sale.

12. Indemnity

You agree to indemnify us against claims, losses and reasonable costs arising from your breach of these Terms, your misuse of the Platform, Your Content, or your breach of any law in connection with your use of the Platform, except to the extent caused by our own breach or negligence.

13. Suspension and termination

You may stop using the Platform at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Platform or other users. On termination, the clauses that by their nature should survive (including fees owed, disclaimers, liability, indemnity and governing law) will continue to apply.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by posting an updated version with a new "last updated" date or by email. Continued use of the Platform after changes take effect means you accept the updated Terms.

15. Governing law

These Terms are governed by the laws of Qld, Australia, and you submit to the non-exclusive jurisdiction of the courts of Qld, Australia. If you access the Platform from another country, you are responsible for compliance with local laws, and additional or different terms may apply to you under mandatory local law.

16. Contact

Questions about these Terms can be sent to SyncCube Technology Pty Ltd at hello@useopenr.com, .