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Terms for Using Open Personals. Australia's only personals only classifieds. Open Personals. No Fakes. No Bots. No Scams.
Open Personals. No Fakes. No Bots. No Scams.

Terms and Conditions

You must be at least 18 years old to register a profile on and make use of Open Personals. Access by anyone under the age of 18 is strictly prohibited. 

Terms and Conditions for access to and use of Open Personals

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

To cancel the Open Personals service that we provide to you in accordance with your legal right to do so as set out in 4.5, you just need to let us know that you have decided to cancel. The easiest way to do this is to delete your profile from your profile administration page. You can also use the Contact Us page or using email. If you use the Contact Us page or e-mail, include details of your username and full contact details to help us quickly identify your profile. If you send us your cancellation notice by e-mail, your cancellation is effective from the date you send the e-mail. Contact us using email or the Contact Us page if you want to contact us for any other reason, including any complaints or concerns. 

General

  1. Introduction
    1. Please read these Terms carefully before attempting to subscribe to Open Personals (the website)
    2. By clicking on the 'I Accept' when subscribing you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
    3. If you do not wish to be bound by these terms and conditions then please leave the website immediately.
  2. Use and Nature of the Open Personals website service
    1. The Open Personals website service is desinged to assist people finding short or long term friendships or sexual partners and encounters.
    2. It is completely free to register a profile as a member of this website. 
    3. We cannot guarantee that each member is 18 years old.
    4. You may not post any naked or clothed photographs where the person is or appears to be under the age of 18.
    5. Members are also governed by the laws of Australia and their own country and must not enter into any act which would be considered illegal by such laws. We will at our sole discretion remove any photograph which we believe is unlawful or we have reasonable grounds to believe the person is under 18.
    6. We reserve the right to remove the photographs and ban you from the service and where we deem appropriate report you to the any law enforcement, social services or other relevant body.
    7. Respect others and act within the law at all times. We encourage everyone to treat each other respectfully. Do not use the website to threaten, harass, stalk, or abuse others participating in any of the services that we provide through our website (the 'Services'). Do not use any form of discrimination, bigotry, racism, homophobia or other anti-social terms or behaviour. 
    8. You may not reproduce or redistribute images, media, contact information or any personal data that you have found, copied or downloaded from the website.
    9. We reserve the right to remove any photographs uploaded without any explanation.
    10. You cannot use any part of our Services to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information.
  3. Conditions of access to the Open Personals service
    1. Creating a profile on the Open Personals is free.
    2. Payment is not currently required but may be implemented for advanced features at our discretion. You agree to pay for those services if you continue to use them when fees are introduced. 
    3. In relation to the Service, you may:
      1. Display Materials electronically on a single computer to one person.
      2. Download and store one copy of the Materials in machine readable form.
      3. Print one copy of the Materials.
    4. In relation to the Service, you may not:
      1. Download, store, reproduce, transmit, display, copy, distribute or use Materials other than in accordance with sub-clause 3.iii above
      2. Sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person
      3.  Make the Materials available on a network.
      4. Use the Materials in any manner, or transfer or export the Materials or any copies into any country, other than in compliance with applicable laws.
      5. Allow any other person to use the Materials other than in accordance with the terms and conditions.
    5. You accept that you are responsible for the confidentiality and use of your username and password, and agree not to transfer or re-sell your account to any third party.
    6. If you believe your account is no longer secure you must immediately change your password, which can be done in the 'My Account' section or by contacting us. 
    7. The Materials are presented solely for your private, personal and non-commercial use, and may not be re-sold.
    8. We may terminate or suspend your use of the Service at any time if you are found in breach of any of these terms. The Service is moderated Administrator who may modify, adapt or delete any postings made to any area of the service.
  4. Payment and Fees
    1. Payment is not currently required to use the service.
    2. Open Personals may implement a payment or fee structure at any time for any or all services. 
    3. This section will be update if and when payments or fees are introduced.
  5. Warranties and returns
    1. We warrant that:
      1. We have a right to license the Materials to you
      2. We will provide the Service with reasonable skill and care.
    2. If you have any complaints, you should direct them to us via e-mail we will use our reasonable endeavours to respond within 48 hours.
    3. You warrant that at all times you will comply with the Acceptable Use Policy and Chatroom Rules. These can be found on the website on entry to the service.
  6. Modifications to the online service
    1. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions.
    2. Please note that although we try to ensure that the content of our website and/or the Service is accurate, our website and/or the Service may contain typographical errors or other inaccuracies that we will endeavour to rectify once we are aware of them.
  7. Information you provide
    1. You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the service which are available through our website by us.
    2. You must ensure that the Personal Information you provide is accurate and complete and that all registration details where applicable contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy here.
    3. Please note your information will NEVER be used by sold to third party unless the business is sold, in which case you will be notified and have the option to withdraw from the serivce.
    4. We will never use any information you give us for anything other than for administration purposes, helping you to make the most of it. Access to your photographs and posts can be controlled by you. This will ensure anonymity.
    5. Please take actions with your email to ensure no one spams your e-mail address.
    6. We do use cookies. Please see our privacy policy. Cookies are used to provide site functionality and anonymous statistics on web traffic to our website.
  8. Security
    1. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for access to the Service.
    2. You may not share your profle details with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
  9. Applicability of online materials
    1. Our website is controlled and operated by us from our offices in Australia. Where Materials published in the Service are supplied by third parties, you understand that we do not control or endorse their contents in any way. All Materials which are offered by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Service.
    2. We make no warranties, express or implied that making the Materials and the Service available in any particular jurisdiction outside Austraila is permitted under any applicable non-Australian laws or regulations. Accordingly, if making the Service, the Materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Service or the relevant Materials are not offered for subscription to you and you must cease using our Service immediately. You accept that if you are resident outside Australia, you must satisfy yourself that you are lawfully able to subscribe to the Service. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Service by persons in jurisdictions outside Australia or who are nominees of or trustees for citizens, residents or nationals of other countries.
  10. Copyright and monitoring
    1. The contents of the Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, our affiliates or other third party licensors. All product and company names and logos contained within our website or the Service are the trade marks, service marks or trading names of their respective owners, including us.
    2. By submitting your contribution to the Company's websites you:
      1. Warrant that your contribution is your own original work, is not defamatory and does not infringe any law.
      2. Indemnify Open Personals and our affiliates against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty.
  11. Linked websites
    1. We make no representations whatsoever about any other websites which you may access through the Service. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource.
    2. Any concerns regarding any external link should be directed to its website administrator.
  12. Availability of the online service
    1. We will try to make the Service available but cannot guarantee that the Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
    2. You must not attempt to interfere with the proper working of the Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
  13. Liability
    1. We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Service, our website or any information or service provided through our website.
    2. We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Service or the Materials, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
    3. Without prejudice to the above, we accept no liability in respect of any of the activities or events organised by users of our Services that are advertised on our website. 
    4. We do not warrant that the functions of the website or the Services will be uninterrupted or error free, that defects will be corrected or that the Open Personals website or the server that makes it available are free of viruses or bugs.
    5. We accept no liability if the system that you are using is running out of date software, or software that cannot be updated, which inhibits your access to certain parts of the site.
    6. We accept no liability for any content that users upload that may be in breach of preexisting copyright protection.
    7. The limitations and exclusions in this clause do not affect your statutory rights.
  14. General
    1. We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
    2. We may alter these terms and conditions from time to time and post the new version on our website, following which all use of the Service will be governed by that version. You should return to these terms and conditions on a regular basis to check for any changes.
    3. These terms and conditions together with the privacy policy, the subscription request form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us and or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, the acceptable use policy, chatroom rules, privacy policy, order form and payment method instructions.
    4. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
    5. These terms and conditions and your use of our website are governed by Australian law and you submit to the non-exclusive jurisdiction of the Australian judicial system.
    6. Except in respect of a payment obligation, neither you nor Open Personals will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
    7. Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
    8. These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to relevant Australian Consumer laws. 
  15. Replacement
    1. These terms and conditions replace all other terms and conditions previously applicable to the provision of the Service.


Please ensure that you have read and understand these Terms and Conditions and the Acceptable Use Policy.

If you do not agree to be bound by these guidelines, then please leave the Open Personals website immediately.

If you do agree, then we hope you find something fun or meaningful or both through Open Personals. 

Thanks.