TERMS OF USE
Effective Date: 1/11/2025
Company: Letterbox Pty Ltd (ABN 12 693 337 183)
Email: letterbox.customers@gmail.com
Jurisdiction: Queensland, Australia
Letterbox is a networking platform designed to connect individuals interested in co-investing. We do not provide financial advice, recommendations, or brokerage services.
1. Introduction
1.1 These Terms of Use (“Terms”) govern access to and use of the Letterbox platform, website, mobile application, and related services (together, the Platform) operated by Letterbox Pty Ltd (“Letterbox”, “we”, “our”, or “us”).
1.2 By accessing or using the Platform, you (“you”, “your”, or “User”) agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
1.3 You warrant that you are at least 18 years old and legally capable of entering into binding contracts under Australian law.
2. Nature of the Platform
2.1 Letterbox provides an online networking and communication platform designed to connect users who may share an interest in property co-investment or related financial opportunities.
2.2 Letterbox is not a financial services provider, real estate agent, or investment adviser. The Platform operates solely as a networking and communication conduit.
2.3 Letterbox does not:
(a) provide, arrange, or facilitate any investment, lending, or financial product or service;
(b) hold an Australian Financial Services Licence (AFSL);
(c) act as a financial adviser, broker, or agent for any user; or
(d) participate in, or become a party to, any transaction, agreement, or arrangement between users.
2.4 Users acknowledge that any communication, transaction, or relationship that arises between users is conducted entirely at their own risk.
2.5 Off-Platform Dealings: Letterbox does not monitor, verify, or assume any responsibility for any communication, negotiation, agreement, or transaction that occurs outside the Platform, even if it was initiated through the Platform. Any arrangement entered into between users—whether verbal, written, or implied—is entirely independent of Letterbox. Letterbox has no involvement in, and accepts no liability for, any loss, damage, or dispute arising from such arrangements.
2.6 No Endorsement: The inclusion, display, or promotion of any user, property, or opportunity on the Platform does not constitute an endorsement, recommendation, or approval by Letterbox. Users must conduct their own independent investigations before pursuing any opportunity.
3. Acceptance of Terms
3.1 These Terms form a legally binding agreement between you and Letterbox.
3.2 Letterbox may amend or replace these Terms at any time by posting an updated version on the Platform. Continued use after publication constitutes acceptance of the revised Terms.
3.3 You should review these Terms periodically.
4. Registration and User Accounts
4.1 To access certain features of the Platform, you must create a user account and pay any applicable membership fees.
4.2 You are responsible for:
(a) maintaining the confidentiality of your login credentials;
(b) ensuring that your account details are accurate and up to date; and
(c) all activities that occur under your account.
4.3 Letterbox reserves the right to suspend or terminate accounts for breach of these Terms, suspected misuse, or unlawful conduct.
5. Membership Fees and Payments
5.1 Letterbox charges membership fees as displayed on the Platform. Fees are payable in advance and are non-refundable except as required under the Australian Consumer Law.
5.2 Payments are processed through Letterbox’s secure payment gateway [insert payment provider if applicable].
5.3 Letterbox does not hold or transfer funds between users and is not a payment facilitator, trustee, or escrow agent.
5.4 Users are responsible for all applicable taxes, duties, or levies arising from their use of the Platform.
6. Refunds and Consumer Rights
6.1 To the extent permitted by the Australian Consumer Law, all fees are non-refundable unless the Platform experiences a major failure within the meaning of section 260 of the Australian Consumer Law.
6.2 Nothing in these Terms excludes or limits your rights or remedies under the Competition and Consumer Act 2010 (Cth) that cannot lawfully be excluded or limited.
7. User Responsibilities
7.1 You agree that you will:
(a) use the Platform only for lawful purposes and in accordance with these Terms;
(b) not engage in misleading, deceptive, or fraudulent conduct;
(c) not post, upload, or transmit any unlawful, defamatory, obscene, or harmful material;
(d) not solicit, promote, or advertise unlicensed investment products or schemes; and
(e) comply with all applicable laws, including the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth).
7.2 You are solely responsible for conducting your own due diligence and obtaining independent professional advice before entering any discussions, agreements, or transactions with other users.
7.3 User Verification: Letterbox does not conduct background checks, identity verification, or due diligence on users unless expressly stated. You are solely responsible for verifying the identity, trustworthiness, and suitability of other users before engaging with them.
8. No Financial or Professional Advice
8.1 The Platform and any content or communication made available through it are provided for general informational and networking purposes only.
8.2 Nothing on or through the Platform constitutes financial, legal, tax, or investment advice.
8.3 You should obtain independent advice from appropriately qualified professionals before making any investment or property decisions.
8.4 Non-Reliance: Users acknowledge that they have not relied on any representation, statement, or information provided by Letterbox, its officers, or affiliates when deciding to pursue any investment, relationship, or transaction with another user.
9. User Content and Intellectual Property
9.1 Users may post, upload, or share information, text, images, or other materials (“Content”).
9.2 You retain ownership of your Content but grant Letterbox a worldwide, royalty-free, transferable, sub-licensable, irrevocable licence to use, reproduce, publish, and display that Content for the purposes of operating, promoting, and improving the Platform.
9.3 You warrant that you have all necessary rights, licences, and permissions to post your Content and that such Content does not infringe any third-party rights or laws.
9.4 Letterbox may remove any Content at its discretion that it deems inappropriate, unlawful, or in breach of these Terms.
10. Intellectual Property of Letterbox
10.1 All intellectual property rights in the Platform, including its design, software, graphics, trademarks, and logos, are owned or licensed by Letterbox.
10.2 Except as expressly permitted by these Terms, you must not reproduce, distribute, or exploit any part of the Platform or its content without Letterbox’s prior written consent.
11. Advertising and Third-Party Services
11.1 The Platform may display advertising or promotional content from third-party service providers, including lawyers, accountants, or other professionals (“Third-Party Providers”).
11.2 These listings may constitute paid placements or affiliate relationships, for which Letterbox may receive compensation.
11.3 Letterbox does not endorse, guarantee, or assume responsibility for any products or services offered by Third-Party Providers. Engagement with any Third-Party Provider is solely between you and that provider.
12. Platform Availability and Performance
12.1 The Platform is provided on an “as is” and “as available” basis.
12.2 Letterbox does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
12.3 Letterbox may suspend, modify, or discontinue the Platform (in whole or part) at any time without notice.
13. Disclaimer of Liability
13.1 To the maximum extent permitted by law:
(a) Letterbox disclaims all representations, warranties, and conditions (express or implied) relating to the Platform;
(b) Letterbox is not responsible for any loss or damage suffered by any user arising out of or relating to communications, relationships, or transactions initiated through or outside of the Platform; and
(c) users engage with other users entirely at their own risk.
13.2 Letterbox does not verify the identity, qualifications, experience, or financial capacity of users.
13.3 Letterbox does not guarantee that any user, property, or opportunity is genuine, lawful, or suitable for any purpose.
13.4 For clarity, Letterbox shall have no liability whatsoever for any loss or damage arising from any agreement, investment, or transaction formed between users outside of the Platform, whether or not initiated through the Platform.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, Letterbox and its directors, officers, employees, and affiliates are not liable for any direct, indirect, incidental, consequential, or special loss or damage (including loss of profits, goodwill, data, or opportunity) arising from or related to:
(a) your use or inability to use the Platform;
(b) your reliance on any information obtained through the Platform; or
(c) any dealings or disputes between you and other users.
14.2 Where liability under the Australian Consumer Law cannot be excluded, Letterbox’s total liability is limited to:
(a) the re-supply of the services; or
(b) the cost of re-supplying the services,
whichever Letterbox elects.
14.3 Without limiting the above, Letterbox’s aggregate liability to any user for any claim is capped at the greater of AUD $100 or the total membership fees paid by that user in the 12 months preceding the claim.
15. Indemnity
15.1 You indemnify and hold harmless Letterbox and its directors, officers, employees, contractors, and affiliates from and against any and all claims, liabilities, losses, damages, costs, and expenses (including legal fees) arising out of or in connection with:
(a) your use of the Platform;
(b) any breach of these Terms;
(c) your Content or interactions with other users; or
(d) your violation of any law or third-party right.
15.2 This indemnity applies to the extent permitted by law and survives termination of these Terms.
16. Privacy
16.1 Letterbox collects, stores, and uses personal information in accordance with its Privacy Policy, available at [insert link when available].
16.2 Letterbox minimises the collection and storage of personal data wherever possible and uses third-party providers (including Stripe and WooCommerce) for payment processing. Payment information is handled directly by these providers and is not stored by Letterbox.
16.3 By using the Platform, you consent to such collection and use.
17. Dispute Resolution
17.1 If a dispute arises between you and Letterbox, you agree to first attempt to resolve it through good-faith negotiation.
17.2 If not resolved within 30 days, either party may refer the matter to confidential mediation in Brisbane, Queensland, administered by the Australian Disputes Centre (ADC).
17.3 Neither party may commence court proceedings (except for urgent injunctive relief) until mediation has been attempted in good faith.
18. Termination
18.1 Letterbox may suspend or terminate your access to the Platform at any time for breach of these Terms or for any reason in its discretion.
18.2 Upon termination, your right to use the Platform immediately ceases. Clauses relating to intellectual property, liability, indemnity, and dispute resolution survive termination.
19. Notices
19.1 Any notices or communications under these Terms must be in writing and sent to:
Email: letterbox.customers@gmail.com
19.2 Notices are deemed received upon successful transmission of the email unless a delivery failure notification is received.
20. Governing Law and Jurisdiction
20.1 These Terms are governed by the laws of the State of Queensland, Australia and the laws of the Commonwealth of Australia applicable therein.
20.2 You irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.
21. General
21.1 These Terms constitute the entire agreement between you and Letterbox and supersede all prior agreements or understandings.
21.2 If any provision is held to be invalid or unenforceable, it will be severed, and the remaining provisions will remain in full force and effect.
21.3 Letterbox’s failure to enforce any right under these Terms does not constitute a waiver of that right.
21.4 You may not assign or transfer your rights or obligations under these Terms without Letterbox’s prior written consent.
End of Terms of Use
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