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Home Page > Terms and Conditions
Terms & Conditions
We recommend that you thoroughly read these Terms before you use the LETTA site.  If you do not agree to these Terms, you should not use the LETTA site.
  1. Eligibility for Use  of this Website.   Our services are available only to individuals of at least 18 years of age who can form legally binding contracts under applicable law.  Our services are not available to minors.  If you do not qualify, please do not use our services.
       
    If you are a seller, you must be legally able to sell the item you are advertising.  We reserve the right (but are not required) to verify the availability of items offered for sale. 
  2. Changes to these Terms.  From time to time, we may need to change these Terms to reflect changes in our business.  We may also need to change these Terms if we are required by law, security reasons, technical or infrastructure reasons.  We may change the Terms at any time by posting the changed Terms on the LETTA website.  Should this occur, current advertisements will not be affected by these changes. 
  3. www.LETTA.com.au is only a Venue.  LETTA acts as a venue for sellers to list items and buyers to purchase items.   We are not involved in the actual transaction between sellers and buyers.  We are merely a passive conduit for the on-line publication of information about items advertised for sale. .  As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to the suitability, quality, condition, functionality, safety or legality of any items advertised for sale on the LETTA site, the accuracy or truth of any advertising listings on the LETTA site or the ability of sellers and buyers to actually enforce or complete a transaction.  As we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with either a buyer or seller, you release LETTA (and our officers, directors, agents, subsidiaries, shareholders and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 
  4. Copyright.  The content on www.LETTA.com.au and the LETTA site itself (as a compilation of information) is exclusively owned by us. 
  5. Other Websites. The LETTA website may contain links to other websites ("third party site") which are not maintained or controlled by us.  These third party sites are not part of the LETTA website and the links are provided by us solely for advertising.  We make no representations or warranties whatsoever about any third party site.  We do not endorse or accept any responsibility for the content of any third party site.  Should you link to any third party site, you do so entirely at your own risk.  
  6. Access and Interference Rules.  You must fully comply with these Terms when accessing and using the LETTA website.  The LETTA website and the material contained on it are supplied solely for reference purposes.  You may download and print individual advertising listings from the LETTA site for your own private or non-commercial use.  Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the LETTA site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Australian Commonwealth Government).  In particular, you must not reproduce or use any of the advertising listings on the LETTA site for commercial purposes or for commercial gain.  You must not use any robot, spider, other automatic or manual process to monitor, data mine or copy our website or the content contained herein without our prior expressed written permission.  You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the LETTA website or any of its functionalities.  You must not conduct any action that will impose a disproportionately large load on our infrastructure.  You must not create HTTP links from the LETTA website to any other website on the Internet or mirror the LETTA site without our prior written consent.  You must not use the LETTA website for any activities or transmit to the LETTA site any information or material which breaches any laws or regulations, or infringes a third party's rights (including intellectual property rights) or privacy, or which are obscene, indecent, inflammatory, pornographic or defamatory.  You must not use the LETTA website or any facilities available on the LETTA site to defame, harass, threaten, menace or offend any person. 
  7. Termination,  suspension and limitation of your access.  We may limit, temporarily suspend or terminate your access to the LETTA website at any time if you are in material breach of any of these Terms.  We may also limit, temporarily suspend or terminate your access to the LETTA website if (a) we reasonably believe that there is a potential or actual risk of loss or damage to us or another individual or organization by your actions (including credit risk resulting from you not paying any fees owed to us on time), (b) the law requires us to do so, and/or (c) we believe that your actions or behaviour whilst using the LETTA website are illegal or may become illegal.  In any of these events, we reserve the right to report your actions to the appropriate state or federal authorities. 
  8. Access  to LETTA website outside Australia.  We do not represent or warrant that the content on the LETTA site complies with the laws of any country outside of Australia.  If you access the LETTA site from outside Australia, you do so at your own risk. 
  9. Privacy.  "Your Information" is defined as any information you provide to us for listing advertisements on this website.  You are solely responsible for correctly and accurately providing your information at all times and Your Information shall not be false, inaccurate or misleading.  We may collect and use Your Information in accordance with our Privacy Policy. If you do not send us correct and/or accurate information, we will not be able to accept your advertisement.  Other than personal information which you send to us for inclusion on the LETTA website (for example, if you are a seller, for inclusion in your advertisement), we do not disclose your information to third parties for any commercial or marketing purposes. 
  10. No Warranty.  We take all reasonable care in compiling advertising MATERIAL on our website.  However, WE PROVIDE THIS WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  We do not warrant or represent that the LETTA website is complete, current or free from errors or omissions.  We endeavour to ensure the availability of our services and access to the LETTA website at all times.   However, availability of our services and access to the LETTA website may be interfered by factors outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission).  As such, we do not warrant or represent that our services and/or your access to the LETTA website will be continuous, uninterrupted, timely, fault free, virus free or secure.  LETTA accepts advertisements in good faith on the warranties provided by the advertiser (seller).  We do not warrant or represent that any product advertised on the LETTA website will be suitable for any particular purpose.  It is your responsibility to investigate the suitability, quality and condition of any goods advertised on the LETTA website and it is your responsibility to verify any information in any advertisements on the LETTA site. 
  11. Liability Limit.  The terms that apply to our supply of the LETTA Website are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded.  No other terms apply.  IN NO EVENT SHALL LETTA (INCLUDING, BUT NOT RESTRICTED TO OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, SHAREHOLDERS AND EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT (INCLUDING YOUR NEGLIGENCE OR BREACH OF CONTRACT OR YOU FAILING TO TAKE REASONABLE STEPS TO AVOID OR MINIMISE YOUR LOSS).  WE WILL ACCEPT LIABILITY IF IT CANNOT BE EXCLUDED UNDER ANY AUSTRALIAN LEGISLATION.  IF THAT LIABILITY CANNOT BE EXCLUDED BUT CAN BE LIMITED UNDER ANY LEGISLATION, WE LIMIT OUR LIABILITY TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100 (AUD).  We are also not liable for any loss caused by us failing to comply with our obligations to you where the loss is caused by events outside our reasonable control (such as equipment or software malfunction or Internet access difficulties).  You are liable to us for breach of contract or negligence or of these terms under the principles applied by the courts.  However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract). 
  12. Indemnity. You agree to indemnify and hold LETTA (including, but not restricted to our officers, directors, agents, subsidiaries, shareholders and employees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference or your violation of any law or the rights of a third party. 
  13. No Agency.  You and LETTA are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms. 
  14. Legal Compliance. You shall comply with all applicable laws, statutes and regulations regarding your use of our service and your listing and purchasing of items.  
  15. Severability.  If any of these Terms in this agreement are unenforceable, invalid or illegal, that term will be become null and void however the remaining terms will remain in force. 
  16. No waiver.   In the event we do not act immediately to a breach by you of these Terms, this should not be treated as a waiver by us.  We reserve the right to act with respect to a breach within the boundaries of the laws of Victoria. 
  17. Governing Law. These Terms and all your dealings with us are subject to the laws of Victoria, Australia. 
  18. Fees. We may change our fees for our services from time to time.  When you list an item you should review and accept the fees that you will be charged for the use of our listing services.  We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.  Unless otherwise stated, all fees are quoted in Australian Dollars (AUD).  You are responsible for paying all fees associated with using our website and all applicable taxes.  
  19. Prohibited Content and Items.   The LETTA website is a public forum for use by individuals greater than 18 years of age.  However, we will remove any advertisements using foul or language deemed inappropriate by us or our users.  In addition, any advertisements should not contain the following prohibited material;  
         
    • Pornographic or lewd material of any description or form    
    • Adult services    
    • Illicit, prescription or non-prescription drugs, pharmaceuticals or medications    
    • Illicit drug paraphernalia    
    • Alcohol or tobacco    
    • Food stuffs    
    • Weapons (eg. firearms, crossbows, knives, swords, ammunition)    
    • Explosives or fireworks    
    • Hazardous materials - chemical, biological, radioactive    
    • Human, animal or other biological body parts or remains    
    • Radar detectors for measuring road speed    
    • Satellite or cable TV descramblers    
    • Any items with racial, religious or other inappropriate connotations (eg, Nazi, KKK, etc…)    
    • Birth certificates, drivers licenses, passports (fake or authentic)    
    • Airline tickets and other transport tickets    
    • Emergency, transit or transport services workers uniforms    
    • Recalled products    
    • Any products that infringe third party intellectual property rights (eg. music, software, etc…)

      Advertisements found to contain any of the prohibited items listed above, or any other item deemed inappropriate by LETTA, will be reported to the relevant state or federal law enforcement authorities.

  20. Advertising Rules
         
    • 20.1.  Selling.  Your advertisement;

      1. must only include text and photos relevant to the sale of that item        
      2. must be listed in an appropriate category (LETTA, under reasonable circumstances,  reserves the right to edit, modify, condense or move your advertisement into another category to ensure correct listing of items)        
      3. must not include any of the items listed in Section 19 of this agreement (Prohibited Items and Content) - any advertisements containing any of these items will be immediately deleted and relevant state or federal authorities will be notified.        
      4. must include a valid serial number for the item for sale.  The serial number will not be visible to buyers.  Where a serial number is not available, a fictitious number may be used instead.  PLEASE NOTE - THE SERIAL NUMBER OF THE ITEM FOR SALE MAYBE USED BY LETTA (OR A NOMINATED AGENCY) TO TRACE ITEMS THAT HAVE BEEN ADVERTISED ON THE LETTA WEBSITE.  YOU AGREE THAT FAILURE TO CORRECTLY DISCLOSE A VALID SERIAL NUMBER OF THE INDICATED ITEM FOR SALE, YOU WILL BE LIABLE TO PAY LETTA the agreed Success fee within seven (7) days.  You will also be charged for any costs we reasonably incur in following-up the payment with you.  These additional charges will be added to your original Success fee and you will be notified of these additional charges.

        • 20.1.1.   You hereby assign all copyright of your advertisement to LETTA.
               
          20.1.2.   Where GST is applicable on any items you must advertise the price is inclusive of GST.
             
          20.1.3.   You may cancel or withdraw your advertisement at any time.  Should this occur, we will not be able to provide a refund of the Listing fee (see Section 21).
             
          20.1.4.   Selling or buying via the LETTA site is available to both private and commercial advertisers.  Commercial advertisers in Victoria are required to comply with Section 29 of the Fair Trading Act 1999 (Victoria).  Section 29 of the Fair Trading Act 1999 (Victoria) requires businesses to identify themselves in their advertisements by publishing the name and/or address of the business, the business registration or license number, or the business name registration number.  If you are a commercial advertiser based in Tasmania, Section 23 of the Fair Trading Act 1990 (Tasmania) applies to your advertisement. Section 23 of the Fair Trading Act 1990 (Tasmania) prohibits businesses from listing their address as a private box number unless the advertisement also includes the business' name and business address or the name and residential address of the person who has rented or obtained the private box number.
              
          20.1.5.   It is your responsibility to notify us upon the sale of the item in your advertisement to ensure that the advertisement is removed from the LETTA website and that you may be invoiced for your advertisement.
              
          20.1.6.   We may, without your consent, place third party banner advertisements on any web page within the LETTA website.

    • 20.2.  Buying.  If you purchase an item using the LETTA website, you release LETTA (and our officers, directors, agents, subsidiaries, shareholders and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  In addition, you shall release LETTA (and our officers, directors, agents, subsidiaries, shareholders and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of the use or intended of the item as prohibited by law or by this Agreement.  By buying an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or are unlawful. 
  21. Advertising  Rates, Terms, Conditions and Payment. 
    • 21.1.  Advertising Rates. The total cost of selling your item on LETTA will include a:    
    • Listing fee ($5.00 + GST flat rate for all advertisements) - which is the initial cost to publish your advertisement.       
    • Success fee (9.7% + GST of the advertised sale price) - which applies if you successfully sell, give away or dispose by any other means.  If you are unable to sell your item or cancel your advertisement, you will not be liable to pay the Success fee, however, you should be able to produce the indicated item (with the specified serial number) to an employee of LETTA or any nominated agent of LETTA (for example, a debt collection agent).  If you are unable to produce the indicated item to an employee of LETTA or any nominated agent of LETTA (for example, a debt collection agent), you agree to pay the Success fee in full and you will also be charged for any costs we reasonably incur in following-up the payment with you.  These additional charges will be added to your original Success fee and you will be notified of these additional charges.       
    • For Items less than $50 AUD, the Success fee is waived - you will only have to pay the Listing Fee.   
    • 21.2  Refunds. You agree that the Listing fee charged at the time of placing an advertisement is NON-REFUNDABLE - irrespective of whether an advertised item has been successfully sold or not.   
    • 21.3  GST. Unless otherwise stated, you understand that all advertising fees (Listing fee & Success fee) on the LETTA website are exclusive of GST.   
    • 21.4  Exclusivity. You agree that any Listing fees you pay to place an advertisement on the LETTA website does not grant you exclusive rights to any web pages on the LETTA website.   
    • 21.5  Payment Terms and Conditions. You agree to pay the Listing fee immediately to place your advertisement on the LETTA website.  No advertisements will be placed on the LETTA website until the Listing fee has been paid.  You will be advised when placing your advertisement what Success fees you are liable for and when this fee is required to be paid. If you do not pay the agreed Success fee within seven (7) days of the item being successfully sold, given away or disposed by any other means, then you will also be charged for any costs we reasonably incur in following-up the payment with you.  These additional charges will be added to your original Success fee and you will be notified of these additional charges.    
      YOU UNDERSTAND THAT THE SUCCESS FEE IS BASED ON (i) THE ADVERTISED PRICE, NOT THE SELLING PRICE AND (ii) IS SHOWN BEFORE YOU SUBMIT YOUR ADVERTISEMENT ON THE LETTA WEBSITE.
      You also agree to notify us immediately when you sell or dispose of the item so that we can remove your advertisement from the LETTA website.  
    • 21.6.  Length (Time) of Advertisements.  We agree to place your advertisement on the LETTA website for a total of 60 days upon successful payment of the Listing Fee (see section 21.1).  You agree that if you successfully sell, give away or dispose by any other means, you will pay LETTA the agreed Success fees.  In the event you do not pay the agreed Success fee within seven (7) days of the item being successfully sold, given away or disposed by any other means, then you will also be charged for any costs we reasonably incur in following-up the payment with you.  These additional charges will be added to your original Success fee and you will be notified of these additional charges.  If you are unable to sell your item or cancel your advertisement, you will not be liable to pay the Success fee, however, you should be able to produce the indicated item (with the specified serial number) to an employee of LETTA or any nominated agent of LETTA (for example, a debt collection agent).  If you are unable to produce the indicated item to an employee of LETTA or any nominated agent of LETTA (for example, a debt collection agent), you agree to pay the Success fee in full and you will also be charged for any costs we reasonably incur in following-up the payment with you.  These additional charges will be added to your original Success fee and you will be notified of these additional charges.   
    • 21.7.  Altering an Existing Advertisement.   An existing advertisement can be altered at any time.  Please refer to our FAQ's for information on how to alter your advertisement.   
    • 21.8.  Methods of Payment. The advertising services offered by LETTA require payment of a Listing Fee and a Success Fee.  Both of these fees are payable by Credit Card via the ANZ E-gate secure payment system on this website.  LETTA also allows payment of the Success Fee using Direct Bank Deposit - please refer to our FAQ's to learn how to pay your applicable fees. 
  22. Credit Card Details.  We do not record or store credit card numbers.  Transmission of your credit card details is made securely through the ANZ E-Gate payment system and we will also send a receipt/invoice to your nominated E-mail address upon completion of the transaction.  When supplying your credit card details, you should ensure that a locked padlock symbol appears at the foot of your browser window when you are entering your payment details.  We do not accept any advertisements for listing on the LETTA website until a successful payment has been confirmed.  
  23. Availability  for Sale.  You agree that your advertised item ceases to be available for sale if (i) someone answering your phone says it is no longer for sale, (ii) your phone is disconnected or you no longer have permission to use the nominated phone(s), (iii) you move out of the area or change jobs, (iv) you decide to give away the item, (v) you advertise, give, trade or sell the item through some other means.  We reserve the right to call you anonymously to ascertain whether items advertised have been sold.  We reserve the right to engage a debt recovery service or any other nominated agent of LETTA to determine if an item has been sold.  Should we, or our nominated representatives, identify a fraudulent, false, deliberately inaccurate or other deceptive transaction or attempt to deliberately or not deliberately deceive LETTA or any of its authorised agencies, you agree to immediately pay all outstanding fees and associated costs we have reasonably incurred in following-up the payment with you.  We also reserve the right to refer any fraudulent, false, deliberately inaccurate or other deceptive transaction or attempt to deliberately or not deliberately deceive LETTA or any of its authorised agencies to the appropriate authorities as governed by the law of Victoria or Australia.

    You agree that any items not kept available for sale because it has been sold, given away or disposed by any other means you will pay us the Success fee within seven (7) days of the item no longer being available.  If you do not sell the item for sale, you must be prepared to display the item (with a valid serial number) to an employee of LETTA (or a nominated agent).  You agree if you are unable to present the advertised item that you will pay us the Success fee within seven (7) days and any associated costs we have reasonably incurred following-up with you.
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