Terms & Conditions

1. About these terms

These Terms & Conditions apply to the OPEN TERMS website at openterms.creativefinanceconsultants.com and the community and listing services operated under the OPEN TERMS name. References to “we”, “us” and “our” mean the OPEN TERMS website operator. Read these terms together with the Privacy Policy and Community Rules. Contact the operator through Contact & report or the privacy-request form in the Privacy Policy.

2. Our role

OPEN TERMS provides an online community and permitted advertising for boats, vehicles, businesses, property and equipment. Members discuss proposals directly with each other or their own authorised professionals. OPEN TERMS does not act as a transaction agent or representative, negotiate or structure deals on members’ behalf, arrange or approve finance, provide personalised legal, financial, investment, credit or tax advice, or hold purchase deposits, loan repayments or settlement funds.

3. Eligibility and accounts

You must be at least 18 and have the legal capacity and authority required for your activities. Give accurate information, protect your sign-in access and report suspected misuse. Signing in or having a listing approved does not verify your ownership of an asset, professional qualifications or creditworthiness. Regulated service providers must hold the authorisations required for their activities and disclose their role and relevant fees or conflicts.

4. Free posting and optional products

Standard asset listings and buyer requests are free to submit and publish when approved. There is no platform listing fee or platform sales commission. You do not need to purchase a toolkit or provide payment-card details to submit a standard listing. Independent professional, inspection, transport, tax and transaction costs are separate and remain the responsibility of the relevant parties. Optional digital products are separate. A product purchase never guarantees approval, priority, finance or a sale. Any future change to listing charges will be clearly disclosed before it applies to a new submission; these terms do not authorise undisclosed or retrospective charges.

5. Digital product previews

The Seller Toolkit is currently a product preview with a proposed price. Paid checkout and paid delivery are not enabled, and registering interest creates no purchase, subscription, reservation or payment obligation. If purchases are enabled later, the actual price, applicable tax treatment, contents, delivery arrangements and purchase terms will be presented before payment. Any applicable consumer rights remain available.

6. Your listings and content

Only advertise an asset you own or are authorised to advertise. State your role, location, currency, full asking price, inclusions, known defects, existing finance and material limitations accurately. Clearly distinguish evidence from forecasts. Explain the complete obligations for any payment proposal, including deposit, schedule, interest, fees and final payment where relevant. You are responsible for having permission to use text and photographs and for keeping the listing’s availability up to date. Do not publish identity documents, banking details or unnecessary personal information.

7. Publication and moderation

Every submission is subject to moderation, relevant laws and community standards. We may request corrections, decline or remove a listing, restrict misuse or stop displaying outdated content. Moderation is not an independent inspection, valuation, identity check or endorsement. We do not guarantee publication, audience size, enquiries, buyer suitability or a transaction outcome. Clearly labelled illustrative examples and generated example images are demonstrations, not genuine assets for sale.

8. Permission to display your content

You retain ownership of content you are entitled to submit. You grant OPEN TERMS permission to store, reproduce, format and display that content as reasonably necessary to review, publish, maintain and administer your listing and the platform. We will seek any additional permission needed to use your identity or transaction story in a separate promotional case study. Requests to correct or withdraw a listing can be made through Contact & report; limited records may need to be retained for legitimate security, dispute or legal purposes as described in the Privacy Policy.

9. Member transactions and flexible terms

A discussion or listing is not a binding financing approval or confirmation that a proposed arrangement is lawful, enforceable or suitable. Independently check the parties, authority, asset, condition, ownership, existing security interests and financial claims. Obtain appropriate local advice, inspections and written agreements before committing. Seller payments, part exchange, options, occupancy arrangements, business transfers and other structures can have different legal, lender and tax requirements. Members are responsible for those checks and their own transaction agreements. Never transfer purchase or reservation money to an OPEN TERMS administrator.

10. Prohibited use

Do not post unlawful assets or services, fraudulent or misleading offers, guaranteed returns or approval claims, unsolicited loan solicitations, public investment fundraising, or schemes to bypass legal or lender requirements. Do not harass people, scrape member information, impersonate others, infringe rights, send unsolicited promotional messages or interfere with site security. Disclose paid promotions and relevant conflicts. Listings and posts must also meet the rules of any external platform on which they appear.

11. Privacy and external services

Our Privacy Policy explains how we handle information collected for this website. Third-party listing pages, social networks, independent professional services and sign-in or infrastructure services may have their own terms and privacy notices. OPEN TERMS does not control those external services. Follow links carefully and independently verify payment instructions.

Read the OPEN TERMS Privacy Policy

12. Availability and responsibility

We aim to provide a useful service but cannot promise uninterrupted availability, error-free content or the accuracy of member-supplied information. To the extent permitted by law, we are not responsible for members’ independent representations, asset defects, financing decisions, third-party services or transaction performance. This does not exclude responsibility or rights that cannot lawfully be excluded, including any applicable consumer guarantees or privacy rights. A disclaimer does not remove obligations that apply to OPEN TERMS by law.

13. Corrections, reports and complaints

Use Contact & report to raise a listing issue or service complaint. Privacy requests can also be sent without signing in through the form in our Privacy Policy. Include enough detail for us to identify the issue, but do not send sensitive financial records or identity documents through these forms. Requests are saved for owner review; the forms do not send automatic email notifications. Nothing prevents you from using an applicable regulator, dispute process or legal remedy.

14. Changes and applicable law

We may update these website terms and will show the revised date. Any material changes affecting a paid service or an existing agreement will be handled as required by law and the applicable purchase terms. These website terms are governed by New Zealand law, subject to mandatory protections that apply to you elsewhere. The law governing a transaction between members must be considered and documented separately.