Mystery Shopper Terms & Conditions of Assignment

• how and when you will be notified of mystery shopping opportunities;
  
  
• what you have to do to participate in and perform a mystery shopping opportunity;
  
  
• how you can notify your acceptance of a mystery shopping opportunity;
  
  
• the benefits of participating in a mystery shopping opportunity and how and when those benefits will be supplied;
  
  
• the risks you must bear in participating in a mystery shopping opportunity;
  
  
• what the information you supply to MysteryShopper.com.au can be used for and who owns it;
  
  
• the obligations MysteryShopper.com.au has to you;
  
  
• your liability to MysteryShopper.com.au;
  
  
• the fact that you are not an employee of MysteryShopper.com.au; and
  
  
• other important matters which you must be aware of and agree to before you can become a mystery shopper.

1. You have read all of these terms and conditions and agree to be legally bound by them. These terms and conditions are a legally binding agreement between you and MSOL about the requirements for participating in MSOL mystery shopping opportunities.
   
   
2. A "mystery shopping opportunity" will typically involve you interacting with a business and providing online written feedback to MSOL about that business. For example, it may involve having dinner at a restaurant and then providing feedback to MSOL about the dinner.
   
   
3. When you register as a mystery shopper with MSOL, MSOL will keep your details in its database of potential mystery shoppers. When a mystery shopping opportunity arises in a particular area, MSOL will typically email a group of potential mystery shoppers in the area to see if any are interested in taking advantage of the mystery shopper opportunity (the "Initial Email"). The Initial Email will normally specify the time, date and location involved. If you are interested, you can apply to be the mystery shopper by emailing MSOL at the designated email address (an "Email Response"). If selected by MSOL for the mystery shopper opportunity, MSOL will allow you to access further details (the "Further Details") of the mystery shopper opportunity from its website. These further details will normally include what needs to be done and what the benefit (or remuneration) for participating in the mystery shopper opportunity will be.
   
   
4. By sending an Email Response to an Initial Email you are deemed to have accepted to perform the mystery shopper opportunity on the terms and conditions contained in the Initial Email and the Further Details and under the terms and conditions of this agreement. If you are chosen and you do not agree to the Further Details, you must immediately notify MSOL, who may choose another applicant.
   
   
5. The Further Details will often require information to be provided (in the form of a questionnaire or survey or some other form) back to MSOL. If you do not provide all the requested details within 24 hours of the time at which MSOL informed you that the mystery shopper opportunity was to occur, MSOL may choose (at its complete discretion) not to pay you the benefit related to that mystery shopping opportunity.
   
   
6. MSOL will normally (but not in every case) choose the first person who emails his or her willingness to be the mystery shopper for that mystery shopper opportunity.
   
   
7. You understand that MSOL will only notify you of potential mystery shopping opportunities that it believes you are suitable for and that the same opportunity may be notified to a variety of other people. When MSOL notifies you of a potential mystery shopping opportunity it is just giving you the chance to apply to participate in the mystery shopping opportunity.
   
   
8. MSOL does not guarantee to notify you of any mystery shopping opportunity. This may be because no suitable opportunities are available in your area, or for any other reason (or for no reason at all - it is up to MSOL).
   
   
9. Whether you are chosen to participate in a mystery shopping opportunity is solely up to MSOL. MSOL may choose someone else to participate in a mystery shopping opportunity instead of you (and MSOL does not need to have any particular reason for doing so). MSOL does not have to inform you when you have not been chosen for a mystery shopping opportunity which you have applied for, but may do so out of courtesy.
   
   
10. MSOL will make the benefits of participating in an opportunity known to you at the time it notifies you of a potential opportunity (or at some other time). (These benefits may be the refund of the cost of the goods or services purchased, or some other benefit.) If you are accepted for an opportunity and it transpires that MSOL is unable to supply the particular benefit notified, then MSOL will supply some other benefit of similar value which MSOL chooses.
    
    
11. The benefit supplied by MSOL after completion of an opportunity in accordance with this agreement between you and MSOL is the only benefit that MSOL ever needs to supply to you.
    
    
12. You are a Mystery Shopper at your own risk and you participate in any opportunity entirely at your own risk. Other than the benefit mentioned in clauses 7 and 8, all costs, losses, expenses or liabilities incurred by you which are associated with an opportunity or being a Mystery Shopper are your own responsibility and not MSOL's responsibility. When you are participating in a mystery shopper opportunity (and at all other times) you, and not MSOL, are completely responsible for yourself and anything that happens to you.
    
    
13. You agree that any information you supply to MSOL in relation to a mystery shopping opportunity or a potential mystery shopping opportunity or via the application to be a Mystery Shopper is true and correct and you agree to inform MSOL of any changes to that information. You also agree that MSOL can use that information to contact you and for its marketing purposes.
    
    
14. Any comments or materials sent to MSOL including application, feedback or review data, such as questions, comments, suggestions, or the like (collectively "Feedback"), is deemed to be the property of MSOL and MSOL is free to reproduce, use, disclose and distribute the information to others without limitation subject to any applicable privacy policy published by MSOL from time to time.
    
    
15. Further, MSOL is free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
    
    
16. You agree to supply at your own cost any equipment or transport necessary for performing a mystery shopping opportunity (unless otherwise advised).
    
    
17. When you are performing a mystery shopper opportunity, you are performing the opportunity as someone who has independently contracted to perform a discrete service for MSOL not as an employee of MSOL. You agree that nothing in this agreement (or related to this agreement) makes you an employee of MSOL or makes you an agent or partner of MSOL or any of its related entities or officers.
    
    
18. At all times, you remain independently contracted and, as such, to the extent permissible by law, MSOL has no obligations in respect of annual leave, sick leave, long service leave, superannuation, workers' compensation, taxes, accident, sickness and life insurance for yourself. MSOL has no responsibility to pay you or anyone associated with you for any of these things. Likewise, to the extent permissible by law, MSOL has no responsibility to pay you or on your behalf wages, superannuation or any other contributions that employers pay including (amongst other things) payroll tax and workers' compensation premiums.
    
    
19. You do not have any authority to agree to anything on MSOL's behalf or to bind MSOL to any agreement or arrangement or understanding. You are not entitled to act as an agent or employee of MSOL and must not do anything which would lead any reasonable person to think the contrary.
    
    
20. If in relation to or in performing any mystery shopper opportunity you discover or receive any information about MSOL which is not generally known to the wider public you must keep that information secret unless MSOL gives you specific written authorisation to disclose it. You must not use or profit from any such information you discover or receive unless MSOL gives you written authorisation allowing you to.
    
    
21. If MSOL incurs any cost, loss, expense, liability or damage which is related to you being a Mystery Shopper or your participation in a mystery shopper opportunity or this agreement (no matter how distantly related), then you agree to immediately pay to MSOL the full amount of that cost, loss, expense, liability or damage as determined by MSOL. You also agree that payment of that sum does not remove any other rights MSOL may have against you. MSOL may also deduct any amount from any benefit which it owes you.
    
    
22. You acknowledge that you do not participate in the mystery shopper opportunity in the form of a business or in the form of an adventure or concern in the nature of trade. You hereby declare that you participate in the mystery shopper opportunity in the course or furtherance of an activity, or series of activities, done as a private recreational pursuit or hobby.
    
    
23. When these terms and conditions mention "MSOL" they mean MSOL as well as any of its employees, officers and related bodies corporate (as that term is defined in the Corporations Law).
    
    
24. These terms and conditions are governed by the law in force in New South Wales.