Terms of Services
1. Introduction and Agreement
Welcome to MySelection. These Terms of Service ("Terms") are a legally binding agreement between you ("Client", "you", or "your") and My Selection Australia Pty Ltd (ACN 663 594 330) ("MySelection", "we", "us", or "our").These Terms govern your access to and use of our website, https://www.myselection.com.au (the "Site" ), and the full-stack e-commerce, brand development, and operational services we provide (collectively, the "Services"). Our services are designed for content creators, influencers, and brands ("Creators") seeking to develop and sell products.By accessing the Site or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree with these Terms, you must not access the Site or use our Services.We reserve the right to amend these Terms at any time. We will notify you of any material changes by posting the updated Terms on our Site and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
2. Definitions
| Term | Definition |
| Agreement | These Terms of Service, our Privacy Policy, and any Service Order or other documents incorporated by reference. |
| Australian Consumer Law | Schedule 2 of the Competition and Consumer Act 2010 (Cth). |
| Client Content | All content, materials, and intellectual property provided by the Client, including but not limited to brand names, logos, trademarks, images, videos, and product concepts. |
| Confidential Information | Any non-public information disclosed by one party to the other, in any form, that is marked as confidential or that a reasonable person would understand to be confidential. |
| Developed IP | All intellectual property, including brand assets, product designs, packaging, marketing materials, and website content, created specifically for the Client by MySelection during the provision of the Services. |
| GMV (Gross Merchandise Value) | The total revenue generated from the sale of all products through the e-commerce store(s) managed by MySelection for the Client, calculated before deducting any fees, shipping costs, taxes, or refunds. |
| Intellectual Property Rights | All current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, patents, invention rights, and all other intellectual property as defined in Article 2 of the convention establishing the World Intellectual Property Organisation, 1967. |
| Profit Share | A percentage of the net profit generated from product sales, calculated as GMV less agreed-upon costs, including but not limited to manufacturing, shipping, transaction fees, and marketing expenses. The exact calculation method will be defined in your Service Order. |
| Service Tier | The specific package of Services selected by the Client (e.g., Starter, Launch, Scale, and Partner), as detailed on our Site and in the applicable Service Order. |
| Service Order | A document, such as a formal proposal or statement of work, executed by both parties that describes the specific Services to be provided, the Service Tier, fees, and any additional terms. |
3. The Services
MySelection offers a partnership model to build, operate, and scale e-commerce brands for Creators. Our philosophy is "Creators create. We execute." The scope of our Services is determined by the Service Tier you select.3.1. Service Tiers: We offer multiple Service Tiers, including but not limited to "Starter, Launch, Scale, and Partner" Each tier provides a different level of service, features, and support. The specific inclusions, deliverables, and limitations of your selected Service Tier will be detailed in your Service Order. A general overview of our Service Tiers is available on our Site's Pricing page.3.2. Core Service Components: Depending on your Service Tier, our Services may encompass the full e-commerce lifecycle: •Brand & Product Development: From market research and product ideation to brand identity, packaging design, and pricing strategy.•Supply Chain & Manufacturing: Leveraging our network of vetted suppliers for product sourcing, prototyping, manufacturing coordination, and quality control.•E-commerce & Growth: Building and managing high-converting e-commerce websites and social media storefronts (e.g., on Instagram, TikTok), including marketing automation, paid advertising, and affiliate program setup.•Global Logistics & Fulfillment: End-to-end management of warehousing, inventory, professional packing, global shipping, and customer returns.•Data, Analytics & AI: Providing custom analytics dashboards, performance reports, and leveraging AI for functions like customer support and inventory management.3.3. Service Levels and Timelines: We are committed to speed and efficiency. While not a guarantee, our streamlined process aims to take products from concept to first sale within approximately 60-90 days. Specific service level objectives, such as website uptime or customer support response times, may be defined in your Service Order.3.4. Third-Party Services: The Services rely on various third-party platforms and services, including manufacturers, logistics providers, payment gateways (e.g., Stripe, PayPal), e-commerce platforms, and social media channels. Your use of our Services is also subject to the terms and conditions of these third parties. We are not responsible for the performance, availability, or policies of any third-party services.
4. Client Roles and Responsibilities
As our partner, your active participation is crucial for success. You agree to:•Provide Brand Assets and Content: Supply all necessary Client Content, including brand guidelines, logos, creative assets, and product information, in a timely and professional manner.•Cooperate and Provide Approvals: Act as the primary decision-maker for your brand. You must provide prompt feedback, direction, and approvals on all aspects of the Services, including product concepts, designs, marketing campaigns, and budgets.•Compliance with Laws: Ensure that your business, all Client Content, and all products you ask us to develop and sell comply with all applicable laws, regulations, and advertising standards in all jurisdictions where products are sold.•Account Access: Assist us in setting up and maintaining necessary accounts on third-party platforms in your name. You are responsible for maintaining the security of your account credentials.•Promotion: Actively promote the brand and products to your audience, as mutually agreed upon.
5. Fees, Payment, and Financial Terms
Our partnership is based on a transparent financial model. Our fees, as detailed in your Service Order, consist of the following components:•One-Time Setup Fee: A non-refundable fee payable upon signing the Service Order to cover the extensive initial work of brand strategy, product development, and infrastructure setup.•Monthly Retainer: A fixed recurring fee, payable in advance each month, for ongoing operational management, platform hosting, and access to our team and systems.•Commission: A performance-based fee calculated as a percentage of GMV or Profit Share, as specified in your Service Order. This commission is our primary incentive and aligns our success with yours.5.1. Invoicing and Payment: All invoices are due within 30 days of the invoice date. Fees are specified in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST), unless otherwise stated. We reserve the right to suspend all Services for overdue accounts.5.2. Pass-Through Costs: Costs for third-party services, such as manufacturing, shipping, and advertising spend, will be passed through to you as specified in the Service Order.5.3. Fee Adjustments: We may adjust our Monthly Retainer and other fees by providing you with at least 60 days' written notice.
6. Intellectual Property Rights
6.1. Client Intellectual Property: You retain full ownership of all your pre-existing Intellectual Property Rights, including your name, likeness, brand, and all Client Content. You grant MySelection a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and display your IP solely for the purpose of performing the Services under this Agreement.6.2. MySelection Intellectual Property: We retain full ownership of our proprietary methodologies, software, analytics dashboards, automation tools, and all other intellectual property developed or owned by us independently of the Services provided to you ("MySelection IP"). You are granted a limited, non-exclusive, non-transferable license to use the MySelection IP solely in connection with the Services for the duration of this Agreement.6.3. Developed Intellectual Property: Upon your full and final payment for all Services rendered under a Service Order, ownership of the Developed IP created specifically for you under that order will transfer to you. In the event of early termination, you will only receive ownership of the Developed IP for which you have paid in full. We reserve the right to use the Developed IP for our portfolio and marketing purposes.6.4. Customer Data: All data related to the end customers who purchase your products, including their personal information and purchase history ("Customer Data"), is owned by you. We will manage this data on your behalf in accordance with our Privacy Policy and applicable data protection laws.
7. Confidentiality and Data Privacy
7.1. Confidentiality: Both parties agree to protect and not disclose the other's Confidential Information. This obligation extends beyond the term of this Agreement. Information will not be considered confidential if it is publicly known, already in the receiving party's possession without a breach of this duty, or required to be disclosed by law.7.2. Data Privacy: We are committed to protecting personal data. We will collect, use, and process personal information (including Client Content and Customer Data) in accordance with our Privacy Policy and applicable data protection laws, including the Australian Privacy Act 1988 (Cth). You agree that you have obtained all necessary consents from individuals for us to handle their personal information as required to provide the Services.
8. Term and Termination
8.1. Term: This Agreement begins when you engage our Services and continues on a month-to-month basis, corresponding to the Monthly Retainer period, unless a fixed term is specified in your Service Order.8.2. Termination for Convenience: Either party may terminate this Agreement for any reason by providing at least 30 days' written notice to the other party.8.3. Termination for Cause: Either party may terminate this Agreement immediately by written notice if the other party:•Commits a material breach of these Terms and fails to remedy it within 14 days of receiving notice of the breach.•Becomes insolvent, enters into liquidation, or has a receiver or administrator appointed.8.4. Consequences of Termination: Upon termination, you must pay all outstanding fees for Services performed and costs incurred up to the termination date. We will provide reasonable cooperation to transition your operations, including transferring ownership of fully paid Developed IP and providing an export of your Customer Data. We may charge a fee for transition assistance with this transition.
9. Warranties, Disclaimers, and Consumer Guarantees
9.1. Our Warranties: We warrant that we will perform the Services using a professional level of care and skill, consistent with industry standards.9.2. Client Warranties: You warrant that you own or have the necessary rights to all Client Content and that our use of it will not infringe on any third-party rights.9.3. Australian Consumer Law: Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:•to cancel your service contract with us; and•to a refund for the unused portion, or to compensation for its reduced value.You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the unused portion of the contract and to obtain a new contract with another supplier and to be compensated for any other reasonably foreseeable loss or damage.9.4. Disclaimer: EXCEPT FOR THE EXPRESS WARRANTIES AND THE CONSUMER GUARANTEES MENTIONED ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, MYSELECTION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, SUCH AS SALES VOLUMES OR PROFITABILITY. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AVAILABLE.
10. Limitation of Liability and Indemnification
10.1. Limitation of Liability: To the extent permitted by law, and subject to your rights under the Australian Consumer Law, the total aggregate liability of MySelection for all claims arising out of or in connection with this Agreement will not exceed the total fees (excluding pass-through costs) paid by you to us in the six (6) months preceding the event giving rise to the claim. We are not liable for any indirect, consequential, or special losses, including loss of profit, loss of revenue, or loss of business opportunity.10.2. Product Liability: As the brand owner, you are ultimately responsible for the products sold to end customers. You agree to indemnify MySelection against any claims, damages, or losses arising from product defects, safety issues, or any failure of the products to comply with applicable laws, except to the extent that such issues are a direct result of our negligence or breach of this Agreement.10.3. General Indemnity: You agree to indemnify, defend, and hold harmless MySelection and its directors, employees, and agents from and against all claims, liabilities, damages, and costs (including legal fees) arising from:•Your breach of this Agreement.•Any claim that your Client Content infringes a third party's Intellectual Property Rights.•Your violation of any applicable law or regulation.
11. Dispute Resolution
11.1. Governing Law: This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia.11.2. Negotiation: Before resorting to formal legal action, the parties agree to attempt to resolve any dispute arising out of this Agreement through good-faith negotiations for a period of at least 30 days.11.3. Arbitration: If negotiations fail, any dispute or claim shall be referred to and finally resolved by arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall be conducted in Sydney, Australia, in English, in accordance with the ACICA Arbitration Rules.
12. General Provisions
12.1. Entire Agreement: This Agreement (including the Privacy Policy and any Service Order) constitutes the entire understanding between the parties and supersedes all prior communications.12.2. Assignment: You may not assign your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets.12.3. Subcontracting: We may subcontract parts of the Services (e.g., manufacturing, logistics) to third parties but will remain responsible for the performance of our obligations.12.4. Force Majeure: Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, or pandemics.12.5. Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.12.6. Notices: All legal notices must be in writing and sent to the addresses specified in the Service Order or to our contact details below. Email notice is sufficient for most communications.12.7. Contact Information: For any questions or notices regarding these Terms, please contact us at:
My Selection Australia Pty Ltd.
Email for General Enquiries: support@myselection.com.au.
Email for Billing Enquiries: billing@myselection.com.au