1. Introduction

Welcome to Selly! These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

2. Definitions

• "Selly" refers to the business operated by Bright Young Things Pty Ltd.
• "Agent" refers to real estate agents who use Selly's platform to participate in vendor campaigns.
• "Vendor" refers to clients who engage Selly for real estate services.
• "Confidential Information" refers to any information disclosed by Selly that is confidential or proprietary.

3. Confidentiality and Non-Compete

• Confidentiality: Agents must keep all confidential information disclosed by Selly confidential and must not disclose such information to any third party without Selly's prior written consent.
• Non-Compete: Agents agree not to compete directly or indirectly with Selly's business during their engagement and for a period of 12 months after the termination of their engagement with Selly.

4. Intellectual Property

• Ownership: Selly owns all intellectual property rights related to its website, services, and any content provided to agents.
• Use of IP: Agents are granted a limited, non-exclusive, non-transferable license to use Selly's intellectual property solely for the purpose of performing their duties under these Terms.

5. Agent Obligations

• Good Faith: Agents agree to act in good faith and with integrity in all dealings related to Selly.
• Vendor Contact: Agents must not contact a Selly vendor directly unless they are chosen to participate in that vendor's campaign. If an agent has an existing relationship with a vendor, they must disclose this to Selly in writing as soon as possible.
• Compliance with Legislation: Agents must comply with all applicable laws and regulations in their professional activities.
• Insurance: Agents must hold their own insurance policies covering their professional activities.
• Promotion: Agents agree to allow Selly to use their image, profile, and other visual identity assets to promote them online on their behalf.
• Representation: Agents must not represent themselves as employees or authorized representatives of Selly.

6. Limitation of Liability

Selly will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our website or services.

7. Termination

Selly reserves the right to terminate any agent's access to our website and services at any time, without notice, for conduct that Selly believes violates these Terms or is harmful to Selly or its users.

8. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland. Any disputes arising from these Terms will be resolved in the courts of Queensland.

9. Changes to Terms

Selly reserves the right to modify these Terms at any time. Any changes will be posted on our website, and your continued use of our services constitutes acceptance of the updated Terms.

10. Contact Us

If you have any questions about these Terms, please contact us at andrew@sellyproperty.com.au.

11. Data Protection and Privacy

• Privacy Policy: Please review our Privacy Policy for details on how we collect, use, and protect your data.
• Data Security: We implement reasonable measures to ensure the security and confidentiality of your data.
• User Responsibilities: Users are responsible for protecting their login information and must immediately report any unauthorised access to their account.

12. Dispute Resolution

• Mediation and Arbitration: Any disputes between Selly and agents will first be attempted to be resolved through mediation. If mediation fails, the parties agree to submit the dispute to binding arbitration in Queensland before pursuing court action.
• Jurisdiction and Venue: Any legal disputes will be governed by the laws of Queensland and resolved in the courts of Queensland.

13. Agent Performance and Reviews

• Performance Metrics: Agents are expected to meet performance metrics set by Selly. Failure to meet these metrics may result in termination of engagement.
• Review Process: Selly reserves the right to review agent performance and handle complaints or disputes related to agent conduct.

14. Fees and Payments

• Commission and Fees: Agents agree to share in the commission pool as stipulated in the conjunction agreement for each campaign.

15. Term and Termination

• Term of Agreement: This agreement remains in effect until terminated by either party.
• Termination by Agent: Agents may terminate their engagement with Selly by providing 30 days written notice.  Upon termination, the agent will not be entitled to any commission that falls due after the effective termination date. 

16. Indemnification

• Indemnity Clause: Agents agree to indemnify and hold Selly harmless from any claims, damages, or losses arising from their actions or omissions.
• Third-Party Claims: Any third-party claims against agents or Selly will be handled in accordance with applicable laws and these Terms.

17. Miscellaneous

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Force Majeure: Selly will not be liable for any delays or failures in performance due to events beyond its control, such as natural disasters or government actions.
• Entire Agreement: These Terms constitute the entire agreement between the parties and supersede any prior agreements or understandings.