Terms

Terms & Conditions

Terms & Conditions

OpenHoods – Terms and Conditions of Use

Last updated: February 2026

1. About OpenHoods

OpenHoods is an online car marketplace operated in Australia that connects private vehicle sellers with buyers. Our platform requires all sellers to disclose their demerit points as part of the listing process. OpenHoods does not buy, sell, or broker vehicles — we provide the advertising platform only.

Website: www.openhoods.com.au

2. Definitions

  • "OpenHoods", "we", "us", "our" — refers to the OpenHoods platform and its operators.
  • "Seller" — any registered user who creates a vehicle listing on the platform.
  • "Buyer" — any user who views or enquires about vehicle listings on the platform.
  • "User" — any person who accesses or uses the OpenHoods website.
  • "Listing" — a vehicle advertisement created by a Seller on the platform.

3. Acceptance of Terms

By accessing or using OpenHoods, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use the platform.

4. User Accounts

4.1. You must be at least 18 years of age to create an account or list a vehicle on OpenHoods.

4.2. You are responsible for maintaining the confidentiality of your account credentials.

4.3. You agree to provide accurate, current, and complete information when registering and when creating listings.

4.4. OpenHoods reserves the right to suspend or terminate accounts that violate these terms.

5. Seller Obligations

5.1. Demerit Point Disclosure

All Sellers are required to disclose their current demerit points (accumulated within the last 3 years) when creating a vehicle listing on OpenHoods. This is a mandatory condition of listing on our platform.

By listing a vehicle on OpenHoods, the Seller:

  • Confirms that the demerit points disclosed are accurate and truthful to the best of their knowledge.
  • Understands that this information will be visible to potential Buyers.
  • Acknowledges that providing false or misleading demerit point information is a breach of these Terms and may result in the immediate removal of the listing and suspension of the Seller's account, without refund.

5.2. Vehicle Information Accuracy

Sellers must ensure that all information provided in their listing is accurate, truthful, and not misleading. This includes but is not limited to:

  • Vehicle make, model, year, and condition
  • Mileage / odometer reading
  • Accident history
  • Service history
  • Registration status
  • Any known mechanical or cosmetic defects

5.3. Legal Ownership

Sellers warrant that they are the legal owner of the vehicle listed, or have been authorised by the legal owner to sell the vehicle. Vehicles must not be stolen, subject to undisclosed finance, or otherwise encumbered.

5.4. Compliance with Law

Sellers are responsible for complying with all applicable Australian federal, state, and territory laws relating to the sale of motor vehicles, including but not limited to consumer protection laws and vehicle transfer requirements.

6. Listing Fees and Payments

6.1. Listing a vehicle on OpenHoods requires payment of a non-refundable listing fee as displayed on the pricing page at the time of purchase.

6.2. Payments are processed securely through our third-party payment provider (Stripe). OpenHoods does not store your credit card details.

6.3. Each listing is active for the duration specified in the listing package. Listings that expire may be renewed by purchasing a new listing.

6.4. Listing fees are non-refundable, including in cases where:

  • The vehicle is sold before the listing expires.
  • The listing is removed due to a breach of these Terms.
  • The Seller chooses to remove their listing early.

7. Buyer Responsibilities

7.1. Buyers are responsible for conducting their own due diligence before purchasing any vehicle listed on OpenHoods. This includes but is not limited to arranging independent mechanical inspections, vehicle history checks (e.g., PPSR), and verifying registration and ownership details.

7.2. The demerit point information displayed on listings is self-reported by Sellers. OpenHoods does not independently verify demerit point disclosures or any other information provided by Sellers.

7.3. OpenHoods is an advertising platform only. We are not a party to any transaction between Buyers and Sellers and accept no responsibility for the condition, legality, or suitability of any vehicle listed.

8. Prohibited Conduct

Users must not:

  • Provide false, misleading, or deceptive information in listings or account details.
  • Use the platform for any unlawful purpose.
  • List stolen vehicles or vehicles with undisclosed encumbrances.
  • Harass, threaten, or abuse other users.
  • Attempt to circumvent payment requirements.
  • Scrape, copy, or reproduce content from the platform without permission.
  • Interfere with the operation or security of the platform.

9. Content and Intellectual Property

9.1. Users retain ownership of the content they upload (photos, descriptions). By uploading content to OpenHoods, you grant us a non-exclusive, royalty-free licence to display that content on the platform for the duration of the listing.

9.2. The OpenHoods name, logo, and website design are the intellectual property of OpenHoods and may not be used without prior written permission.

10. Limitation of Liability

10.1. OpenHoods is an advertising platform only. We do not inspect, verify, or guarantee any vehicle listed on the platform.

10.2. To the maximum extent permitted by Australian law, OpenHoods is not liable for:

  • The accuracy or completeness of any listing information, including demerit point disclosures.
  • Any loss, damage, or injury arising from a transaction between a Buyer and Seller.
  • Any mechanical defects, undisclosed damage, or misrepresentation by a Seller.
  • Any interruption or unavailability of the platform.

10.3. Nothing in these Terms excludes or limits any rights or remedies available to consumers under the Australian Consumer Law that cannot be excluded or limited by law.

11. Dispute Resolution

11.1. OpenHoods is not responsible for resolving disputes between Buyers and Sellers. Any transaction disputes are between the parties involved.

11.2. If you have a complaint about the OpenHoods platform or service, please contact us at info@openhoods.com.au. We will endeavour to respond within a reasonable timeframe.

12. Privacy

Your use of OpenHoods is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

13. Modifications to Terms

OpenHoods reserves the right to update or modify these Terms and Conditions at any time. Changes will be effective when posted on the website. Continued use of the platform after changes are posted constitutes acceptance of the updated Terms.

14. Governing Law

These Terms and Conditions are governed by the laws of Victoria, Australia. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of Victoria.

15. Contact

For questions about these Terms and Conditions, contact us at:

 

Email: info@openhoods.com.au Website: www.openhoods.com.au