Please review the following terms and conditions, which apply to all usage of The Junction and must be agreed to before continuing.
All users of this site must abide by the Terms and Conditions outlined below:
This website is maintained by Creative Activation’s Customer Experience Division whose Head Office is at 1/120 Pacific Highway, St. Leonards, NSW 2065. As a user of the Creative Activation websites you are bound by 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 anytime. Any person suspected of fraudulent activity will have their account suspended until further notice.
Creative Activation reserves the right to not accept an application as a Customer Experience Team Member if Creative Activation considers that you are not a suitable candidate.
You can withdraw your application for a position as a Customer Experience Team Member with Creative Activation at any time by notifying Creative Activation Customer Experience Recruitment Team in writing to email@example.com or calling 02 9968 5366.
If you become employed as a Customer Experience Team Member with Creative Activation, then your profile and personal details will be included in our database of eligible Customer Experience Team Members. You will then be eligible to complete Customer Experience jobs on The Junction.
In relation to your application to be a Customer Experience Team Member, you must supply to Creative Activation information and personal details that are true and correct and you shall inform Creative Activation of any changes to that information as when such changes occur.
Creative Activation may also use email addresses or other personally identifiable information to contact users who directly communicate with Creative Activation.
Creative Activation Limited will not sell, rent, lend or distribute personally identifiable information collected online.
Creative Activation 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.
By allowing you to access the websites, Creative Activation 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 Creative Activation 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
• 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 Creative Activation, and upon payment of any fee required by Creative Activation to be paid by you for that use.
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 Creative Activation, 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 Creative Activation.
• To not use the material in the websites for, or in connection with, a service bureau operation.
Creative Activation 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 Creative Activation to be in breach of the Terms and Conditions of Use of this license.
Creative Activation reserves the right to change, add or remove any material in or from the websites without notice.
Creative Activation 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 Creative Activation for breach of any such implied term will be limited, at the option of Creative Activation, 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.
Creative Activation 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 Creative Activation which has not been stated expressly in this license or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Creative Activation (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 authorised by this license.
Creative Activation and all associated trademarks are trademarks of Creative Activation Limited and their related bodies corporate.
You must indemnify and keep Creative Activation indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Creative Activation 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 Creative Activation and on terms satisfactory to Creative Activation.
You accept that Creative Activation takes no responsibility for any error or omission relating to the material contained in the websites.
You accept that Creative Activation makes no undertakings to provide access to the websites at any particular time, or for any particular length of time. You agree that Creative Activation 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, Creative Activation 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 Creative Activation.
Termination pursuant to this clause shall not affect any rights or remedies, which Creative Activation 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.
Creative Activation 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, Creative Activation has provided you with sufficient notice of the variation and amendment.
It is your responsibility to familiarise yourself with the current Terms and Conditions of Use each time you visit the websites.
Failure or neglect by Creative Activation 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 Creative Activation under this license.
This license shall be governed by and construed according to the laws of Australia.
• 'Creative Activation' means Creative Activation Limited 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 Creative Activation websites.
Terms and Conditions of Employment:
All employees of Creative Activation Customer Experience Team are bound by Terms and Conditions of employment. These terms and conditions of employment is set out below. Further detail may be found in the Company’s Workplace Agreement referred to below.
Employees are also required to comply with policies and procedures set out in the Creative Activation Policy Manual. A copy of the manual can be found on BPP or requested through your State Manager.
WH&S Policy: Creative Activation has a corporate Work Health and Safety (WH&S) policy which can be viewed through BPP Whilst Creative Activation takes every precaution to ensure the safety and well being of its employees, we would encourage every employee to become familiar with the aspects of the policy that apply to their role.
Workplace Agreement: All Creative Activation casual employees are bound by the terms and conditions as outlined in the CFM Field Marketing Collective Agreement for Project Employees. A copy of the agreement can be found on BPP or requested through your State Manager
KPIs: All Creative Activation Customer Experience Team Members are required to complete their work in line with their Key Performance Indicators. 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, Creative Activation may cease to provide you with Customer Experience Team Member work.
Hours of Work: Your hours will vary as notified online by Creative Activation. 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. Creative Activation will provide details by way of an email of the available work for the specific Client project before the commencement of the work.
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.
Remuneration: This will vary for each job. You will be informed the total rate payable for the specific job prior to accepting the job online.
Expenses: The total payment for each Customer Experience Team Member job 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.
Notification of Illness: You must notify Creative Activation 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 Creative Activation of the estimated duration of absence.
Communication: Creative Activation will contact you via email, text message, and phone as part of your employment. Failure to contact Creative Activation 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 as Customer Experience Team Member.
Termination: Creative Activation is under no obligation to continue to offer you work 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 Creative Activation to terminate your employment immediately where you are guilty of misconduct, wilful disobedience, dishonesty, breach of duty, breach of confidentiality or behaviour which in the reasonable opinion of Creative Activation is prejudicial to the business or interests of Creative Activation or the Client.
Prohibition on Contras: Creative Activation 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 Creative Activation 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.
Superannuation: Creative Activation will make a contribution to the AMP Superleader for Casuals Fund of an amount equivalent to 9% of your ordinary earnings when earnings are in excess of $450.00 per calendar month.
Confidentiality: All information provided by Creative Activation and any Creative Activation Client is to remain confidential and the Employee will not disclose or duplicate these materials except for the express purpose of conducting their 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 Creative Activation and / or the Client and provided that the prior consent of Creative Activation has been obtained prior to such use occurring.
The Employee will treat as confidential, any results, observations and information collected throughout the course of employment by the Company, and not disclose these to any other parties, unless specifically instructed by Creative Activation. The Employee will not, for so long as the Employee is 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 Creative Activation or its clients, without consent from Creative Activation.
The Employee username and password access is restricted to a single user. Usernames and Passwords must not be distributed to any other person, body or corporation.
Work Entitlement: Pursuant to the Migration Act 1958 it is a requirement for all employees to provide proof of entitlement to work in Australia.
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 Customer Experience Team Member, you agree to the terms and conditions of employment as set out above and in the supplementary documents referred to above.
Job Acceptance Terms and Conditions:
All employees of Creative Activation Customer Experience Team 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 Creative Activation’s competitors;
• You have any previous or current business or personal connections present when performing the duties eg: 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 Customer Experience State Contact immediately to advise them of the conflict of interest. The State Contact 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 Creative Activation);
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 Creative Activation’s mystery shopping program methodology. This data is protected by the Data Protection Act (in its most current form).
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 Creative Activation Customer Experience Team to stop offering you work.
• You understand the details, specific requirements and CPC payment of the job
• You accept the CPC 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 this job and agree to follow whilst performing all job tasks.
• As part of my obligations for WH&S I will advise Creative Activation/The Junction (The Junction Operations Team (02) 9968 5366 of any safety hazards, incidents or concerns I experience whilst performing task/audits for Creative Activation 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 if these KPI's are not adhered to that you will not be paid for the job. If you do not meet your KPI's on an ongoing basis we reserve the right to remove you from our Creative Activation Customer Experience Team.
• You understand that cannot befriend any store staff on social networking sites such as Facebook, MySpace, Twitter etc
Please ensure that you accept the terms and conditions above before continuing