Terms and Conditions


STANDARD TERMS AND CONDITIONS FOR USE OF THIS WEBSITE

This website is maintained by Creative Field Marketing PTY LTD (ABN 76 062 948 074)(the Company) 1/120 Pacific Highway, St. Leonards, NSW 2065. 

As a user of the Company website you agree to the following Terms and Conditions of Use. Accordingly, you should review them in relation to all or any part(s) of the website. You may only use the site in accordance with these terms and conditions. By accessing and browsing the site, you accept, without limitation or qualification, this Agreement. If you do not agree to these terms and conditions, please do not use the site.

A person may only register under his/her name once on our site and must not register under a third party’s identity or have multiple accounts open at any time. Any person suspected of fraudulent activity will have their account suspended until further notice.

The Company reserves the right to not accept an employment application if the Company considers that you are not a suitable candidate.

You may withdraw your employment application at any time by notifying the Company’s Customer Experience Recruitment Team in writing to thejunction.recruitment@creativeactivation.com.au or calling 02 9968 5366.

If you become employed with the Company, then your profile and personal details will be included in our database of eligible employees for Mystery Shopping activities. You will then be eligible to complete jobs on The Junction.

In relation to your application to be a Mystery Shopper, you must supply to the Company information and personal details that are true and correct and you shall inform the Company of any changes to that information as when such changes occur.

The Company may also use email addresses or other personally identifiable information to contact users who directly communicate with the Company. 

The Company will not sell, rent, lend or distribute personally identifiable information collected online.

The Company reserves the right to modify, alter or otherwise update this policy at any time. 

It is a condition of usage of this site that you do not disclose your user name and/or password to any third party, nor allow any third party to undertake any work that might be made available to you in your name. 

License

By allowing you to access the Company website, the Company grants to you a license. By accessing the website, you accept these Terms and Conditions of Use of this license. Pursuant to this license and subject to the absolute right of the Company to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:
View the material in the website;
Access material contained in the website;
Use the website strictly in accordance with the provisions of this license; and
Download and use any material contained in the website for a temporary purpose (such as viewing offline).

However, downloading material contained in the websites for reproduction by you or any other may only be done upon receipt of prior written consent from the Company, and upon payment of any fee required by the Company to be paid by you for that use.

User Obligations
You hereby undertake the following obligations:

To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the websites without the express consent of the Company, except as expressly authorised by this license.

To ensure your employees, subcontractors and other agents (if any) who have authorised access to the websites is made aware of the Terms and Conditions of Use of this license.

To not provide or otherwise make available any material in the websites in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of the Company.
To not use the material in the websites for, or in connection with, a service bureau operation.

Warranties
The Company does not warrant that the material in the websites is accurate, complete, or up to date. The existence of inaccurate, incomplete, or superseded material in the website will not cause The Company to be in breach of the Terms and Conditions of Use of this license.

The Company reserves the right to change, add or remove any material in or from the websites without notice.

The Company does not warrant that the functions contained in the websites or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the websites and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this license, which cannot be lawfully excluded, such terms will apply to this license, save that the liability of the Company for breach of any such implied term will be limited, at the option of the Company, to any one or more of the following:

The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
The repair of such goods or services.
The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
The payment of the cost of having the goods repaired or the services performed again. 

The Company will not be liable for any indirect or consequential losses arising out of a breach of this license, or arising out of the supply of a defective program or incorrect materials.

When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by the Company which has not been stated expressly in this license or upon any descriptions or illustrations or specifications contained in any document including catalogs or publicity material produced by the Company (which material may be out of date or superseded).

Intellectual Property Rights
You acknowledge that the material in the website is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this license, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the websites, except as otherwise expressly authorized by this license.

Trademarks
The Company and all associated trademarks are trademarks of the Company Limited and their related bodies corporate.

Indemnity

You must indemnify and keep the Company indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which The Company may incur to a third party or you as a result of your breach of the provisions of this license.

Users are prohibited from placing a link to the websites without the prior written consent of the Company and on terms satisfactory to the Company.

Disclaimer
You accept that the Company takes no responsibility for any error or omission relating to the material contained in the websites.

You accept that the Company makes no undertakings to provide access to the websites at any particular time, or for any particular length of time. You agree that the Company will not be held liable for any lapse in the websites accessibility or any consequences whatsoever that flow from the unavailability of the websites.

Terms of License
This license commences upon your accessing the websites and is granted in perpetuity. However, The Company may terminate the license without notice if you are in breach of any terms of this license.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the websites that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by The Company.
Termination pursuant to this clause shall not affect any rights or remedies, which The Company may otherwise have under this license or at law.

Amendments to this License
These are the current Terms and Conditions of Use of the license.
The Company may at any time vary and amend these Terms and Conditions of Use of this license by publishing the varied Terms and Conditions of Use on the websites. You accept that by doing this, the Company has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarize yourself with the current Terms and Conditions of Use each time you visit the website.

Waiver

Failure or neglect by the Company to enforce at any time any of the provisions of this license shall not be construed or deemed to be a waiver of the rights of The Company under this license.

Jurisdiction

This license shall be governed by and construed according to the laws of Australia.

Definitions
‘The Company’ means Creative Field Marketing PTY LTD (ABN 76 062 948 074) and all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.
‘Hyperlink’ means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
‘Intellectual Property’ means all Intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Company website.



STANDARD CONDITIONS OF EMPLOYMENT FOR CASUAL MYSTERY SHOPPING EMPLOYEES
1. CASUAL AGREEMENT

Casual employment is necessarily uncertain in terms of its regularity and hours.  The Company cannot guarantee you regular work.
As a casual employee, you will be offered work by the Company from time to time when such work is required. The Company has no obligation to offer you further work after the completion of a period of work.
As a casual employee, you will have the ability to accept or decline offers of work

2. RESPONSIBILITIES
These will vary for each program and job. You will be informed of your responsibilities at the commencement of each job online or by your State Manager. You are required to carry out all the duties to the best of your skill and ability and will discharge such other duties as may be delegated or assigned to you by the Client as directed.

3. HOURS OF WORK
Your hours will vary as notified online by the Company. You will be able to accept or decline offers of work and accordingly you will have and maintain control over your own hours of work. This is available via The Junction portal. 

4. PIECEWORK AGREEMENT 
You and the Company mutually agree:
(a) that the work to be performed is task based mystery shopping;
(b) The minimum piecework rate which must be paid by the Company to you for performing the work is specified below. 
(c) You will be employed as a casual employee.
(d) This agreement will start when you electronically accept the terms and conditions.  

The Company will use a piece rate calculation method described in the Fair Work Act 2009 (Cth) (the Act) for each mystery shop job performed. 
The piece rate calculation will be based on the national minimum hourly rate plus a 15% piece rate loading plus a 25% casual loading. 
For each mystery shopping task, a flat rate will be set based on our assessment of the time that the mystery shop should take using the minimum hourly rate set out above. 
As an example, the Company may estimate that the performance and completion of a task (including report writing) will take 10 minutes. In this example, the minimum piecework rate to be paid will be:
piece rate calculation ÷ 6 = minimum rate per task. 
The piece rate will vary depending on the task to be performed and you will be able to view the specific piece rate per task when you are offered work online by the Company.  
If you accept the task offered to you, the piece rate will be the rate you accepted when you accepted the work.

4. RELATIONSHIP WITH MODERN AWARD
For Mystery Shoppers, there is no Modern Award that applies to this particular kind of work. 

5. EXPENSES
 The total payment for each Mystery Shop is inclusive of all costs associated with the job.  You may be reimbursed for expenses reasonably incurred by you in the performance of your duties, subject always to the approval of your State Manager. You will be informed of this amount at the commencement of the program online or by your State Manager.

6. CONFLICT OF INTEREST
One of the essential terms of the service we offer to our clients is that “mystery” shoppers are anonymous and not-identifiable when performing the duties.  For this reason, we require you to promise us that you have no conflict of interest when you are performing the duties we offer to you.

You have a conflict of interest if:
You are a current or previous employee of the business, retail brand, store or site you are engaged to visit;
You are a current employee of one of the Company’s competitors; and
You have any previous or current business or personal connections present when performing the duties e.g.: you are friends with a Staff Member in the store selected for the visit. 

You promise that you will not ‘accept’ the job if there is the possibility that you could be identified or in any other way compromise your anonymity when performing the duties.

If a conflict of interest arises you promise to immediately contact your State Manager immediately to advise them of the conflict of interest.  The State Manager will take steps to manage the conflict appropriately, including excluding you from jobs that are affected by the conflict of interest.

Our clients are entitled to check with us to make sure that the mystery shoppers we provide to them are in fact anonymous and not-identifiable when performing the duties.  In this regard your name and other basic the identifying details (such as date of birth) may be provided to our clients for the purpose of spot checking conflicts of interest. This information will not be retained by our clients and will be used for the purpose of spot checking conflict of interest only, then destroyed.

7. KPI’s

All Mystery Shoppers are required to complete their work in-line with the Key Performance Indicators (KPIs) for the job they are completing. Failure to meet any of the KPIs may mean that you do not receive payment for the job as it will be treated as incomplete. Additionally, if you fail to meet any of your KPIs on an on-going basis, the Company may cease to provide you with Mystery Shopping work.

8. TERMINATION OF EMPLOYMENT

The Company is under no obligation to continue to offer you further work after the completion of a task and you are under no obligation to accept work offered to you from time to time.  

Otherwise, your employment may be terminated at any time by either party giving not less than one hour’s notice to the other. 

This however does not affect the right of the Company to terminate your employment immediately where you:
a) commit any serious or persistent breach of the terms and conditions;
b) are guilty of serious misconduct including dishonesty;
c) fail to comply with the Company’s reasonable directions; 
d) are in serious breach of the Company’s policies and procedures or the relevant Client Partner’s policy and procedures made known to you for the time being in force;
e) breach confidentiality; or
f) commit any  behaviour which in the reasonable opinion of the Company is prejudicial to the business or interests of the Company or the Client. 

9. LEAVE ENTITLEMENTS
As a casual employee you are paid a casual loading in lieu of all paid leave entitlements that a permanent employee would receive. 

10. NOTIFICATION OF ILLNESS 

You must notify the Company prior to 9:00am if you are unable to perform a task that you agreed to perform that day or to work as planned due to illness or other exceptional circumstances, and inform the Company of the estimated duration of absence.

11. COMMUNICATION

The Company will contact you via email, text message, and phone as part of your employment. Failure to contact the Company by midnight on the day of a request being lodged may result in loss of payment for a completed job. Failure to be contactable on an ongoing basis may result in your removal from our database. 

12. PROHIBITION ON CONTRAS

The Company may cease offering you work or may terminate your employment without notice if you are found to have acted in breach of any written policy of the Company or any policy of the relevant client that has been made known to you and with which you have been advised that you are required to comply.  For the avoidance of doubt, you are specifically prohibited from entering into “contra” arrangements with any person, under which you gain a personal benefit of money, products, goods or services or any other valuable consideration. 

13. SUPERANNUATION

Superannuation will be paid to you as required by law.  Superannuation is payable when certain earnings thresholds are met to a maximum contribution threshold.

14. CONFIDENTIALITY
All information provided by the company and any of it’s Clients, is to remain confidential and you will not disclose or duplicate these materials except for the express purpose of conducting your work. 

Under no circumstances is any use to be made of this information except for the purposes directly related to furthering the business objectives of the Company and / or the Client and provided that the prior consent of the Company has been obtained prior to such use occurring.

You will treat as confidential, any results, observations and information collected throughout the course of your employment with the Company, and not disclose these to any other parties, unless specifically instructed by the Company. You will not, for so long as you are employed or engaged by the Company, perform work or provide services to any person, entity or business which is competitive with any business carried on by the Company or its clients, without consent from the Company.

15. WORK HEALTH AND SAFETY
It is a condition of your employment that you comply with all relevant Federal and State work health and safety laws to provide a safe and healthy workplace for yourself, fellow employees, other workers, customers and visitors. 

16. WORK ENTITLEMENT
Pursuant to the Migration Act 1958 it is a requirement for all employees to provide proof of entitlement to work in Australia.

If your entitlement to work is subject to a visa, your visa must remain current during the course of your employment.  The Company reserves the right to check the validity of your visa from time to time. It is your responsibility to inform the Company if there is any change to the status of your visa and your right to work in Australia.

If your visa expires or is no longer valid, your employment with the Company will cease immediately.

Job Acceptance Terms and Conditions:

All employees of Creative Field Marketing (The Company)are bound by Terms and Conditions of Accepting a Job on The Junction.  The terms and conditions of Job Acceptance are set out below. 

Conflict of interest:

One of the essential terms of the service we offer to our clients is that “mystery” shoppers are anonymous and not-identifiable when performing the duties.  For this reason, we require you to promise us that you have no conflict of interest when you are performing the duties we offer to you.

You do have a conflict of interest if:
You are a current or previous employee of the business, retail brand, store or site you are engaged to visit;
You are a current employee of one of the Company’s competitors; and
You have any previous or current business or personal connections present when performing the duties e.g.: you are friends with a Staff Member in the store selected for the visit. 

You promise that you will not ‘accept’ the job if there is the possibility that you could be identified or in any other way compromise your anonymity when performing the duties.

If a conflict of interest arises you promise to immediately contact your State Manager immediately to advise them of the conflict of interest.  The State Manager will take steps to manage the conflict appropriately, including excluding you from jobs that are affected by the conflict of interest.

Our clients are entitled to check with us to make sure that the mystery shoppers we provide to them are in fact anonymous and not-identifiable when performing the duties. In this regard your name and other basic identifying details (such as date of birth) may be provided to our clients for the purpose of spot checking conflicts of interest. This information will not be retained by our clients and will be used for the purpose of spot checking conflict of interest only, then destroyed.

Confidentiality and legal obligations:
Confidentiality is essential to the mystery shopping program.  

In performing mystery shopping work you promise:
To protect the confidentiality of all the materials provided to you, the information gathered by you and the results produced by you; and
Not to reveal or discuss the duties performed by you, either in person or online (other than with your operational team at the Company).

In accepting work offered to you, you acknowledge that the results and information gathered by you in the course of performing your duties constitute highly sensitive data about our clients and highly confidential information about The Company’s mystery shopping program methodology and must be kept secret during and after your employment with the Company.

You agree that failure to maintain confidentiality is a serious matter for the reasons set out above and you agree that any breach of confidentiality in relation to the duties you perform or information you collect will entitle the Company to cease offering you work.

Job requirements and instruction:
You understand the details, specific requirements and piece rate payment of the job
You accept the piece rate is inclusive of the cost of any purchases required
You understand that if the reporting timeframe is not adhered to the job will be automatically withdrawn from your ‘Accepted Jobs’ and will impact your Junction Star Rating.
You accept that you will not receive payment unless your report is submitted within the required reporting upload timeframe.
You understand that on submission of each job our team quality check your report before results are sent to our client. In this validation process we check for accuracy, the quality or your answers, we double check all details as well as spelling and grammar. This ensures that our clients only receive 100% accurate information.
You understand that if you do not follow instructions provided, including days, timeframes and all instruction provided you will not be paid for the job as it will be considered incomplete. 
You understand that the Job must be completed by yourself and unaccompanied. i.e You must not take any friends, partners, children or babies with you when completing a job.

Work Health and Safety Guidelines:
You confirm that you have read and understood any WH&S Guidelines provided as a part of the Job Documents and Training Materials attached to a job and agree to follow whilst performing all job tasks.

You agree that as part of your obligations for WH&S you will advise The Company/The Junction (The Junction Operations Team (02) 9968 5366) of any safety hazards, incidents or concerns I experience whilst performing task/audits for the Company through The Junction.

Key Performance Indicators:
You confirm that you will complete this job in line with your Key Performance Indicators as outlined on The Junction. 

You understand that failure to meet the specific KPIs for the individual jobs, may result in you not being paid for the job in question. If you do not meet your KPI's on an ongoing basis we reserve the right to remove you from the Company database

Impartiality:

You understand that you cannot befriend any store staff on social networking sites such as Facebook, Instagram, Twitter etc

Acceptance of Terms and Conditions:
You acknowledge that any failure to comply with the Terms and Conditions may result in you not being offered further work or the termination of your employment.

You acknowledge that by accepting or undertaking employment or tasks as a Mystery Shopper, you agree to the terms and conditions of employment as set out above and in the supplementary documents referred to above.

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