Terms and Conditions
Last updated: 29th April 2016
This website is owned and operated by Submission Technology Pty Ltd ("Submission Technology", "we", "our" or "us").
By registering your details on the Site, you are electing to be a mystery shopper and the Terms and Conditions for mystery shopper promotion will apply.The Site also contains links to other sites operated by us or our service providers. We advise you to review the legal, privacy and security information for each of those sites as the terms and conditions and privacy policies may vary from site to site.
The Terms may be changed or updated by us from time to time and without prior notice.
You may use the Site only in accordance with these Terms and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within Australia and any other jurisdiction from which you are accessing the Site.
In using the Site, you agree that you:
- are an Australian resident of at least 18 years of age;
- will provide true, accurate, current, complete and non-misleading information;
- will not disclose any unauthorised, false or fraudulent details;
- will not post, transmit or otherwise disseminate any information or images on or via the Site, including images of minors, which is or may be inappropriate, harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive;
- will not post images of minors without their parent/guardian's consent;
- will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy.
If you are provided with a user ID, password or other information as part of our procedures, it is your responsibility to treat such information as confidential and not disclose it to any third party. If you become aware of any unauthorised use of your user ID or password, you must notify us immediately. You are responsible for your method of access to this Site and ensuring that all persons accessing the Site through your internet connection are aware of, and in compliance with the Terms.
Copyright, Trade Mark and other Intellectual Property Rights
Except as otherwise expressly noted, all images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Site as well as the selection, arrangement and organisation of the foregoing and the Site as a whole (collectively, "Content") are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licences and rights of privacy, titles and interest in and to which are owned by, licensed or which may otherwise be used by us or our suppliers. All software used on this Site is the property of Submission Technology Pty Ltd, its suppliers or third parties as applicable and is protected by Australian intellectual property laws.
Submission and uploading material to the Site
Links to other websites
Our Site contains links to sites not owned or operated by us. These links are not intended to be referrals, sponsorships or endorsements of the linked sites. If you access these sites you do so at your own risk. We are not responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of such sites or your reliance on any Content on such sites.
Disclaimer of Liability
This Site, Content, any material displayed on this Site, any information available on or through this Site and the software is provided "as is" and "as available" and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY SPECIAL INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RELATING TO THE SITE, CONTENT, TERMS, INCLUDING YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN ANY OFFER ON THE SITE. You acknowledge and agree that Submission Technology Pty Ltd neither endorses the contents of advertisements or third parties' websites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.
You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless Submission Technology Pty Ltd, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms and Conditions.
You understand and agree that Submission Technology Pty Ltd are not the manufacturer of gift cards and vouchers supplied. Should gift cards or vouchers be delivered in a faulty condition, Submission Technology Pty Ltd must be notified by the mystery shopper as soon as possible and we will arrange for the gift card or voucher to be returned and a replacement sent out. As such, we cannot be held accountable for product defects that may result in personal injury, loss or damage to the mystery shopper's consumer goods, land, buildings or fixtures. Gift Cards and vouchers are ordered from manufacturers by Submission Technology Pty Ltd for selected mystery shoppers, however we do not store or handle them at our premises.
Law and Jurisdiction
These Terms are to be construed in accordance with the laws of New South Wales and, in the event of any dispute or claim associated with these Terms, that dispute or claim shall be subject to the exclusive jurisdiction of the courts in that State.
TERMS AND CONDITIONS FOR PRODUCT TESTER PROMOTION
1. By registering your interest in and/or participating in a Mystery Shop in respect to an opportunity advertised on the www.aumysteryshopper.com.au website (the "Site"), you agree to accept and be bound by all terms of these Official Rules and by all decisions of the promoter, Submission Technology Pty Ltd ACN 606 612 060 ("Promoter", "Submission", "we", "us", "our").
2. Entry is open to individual Australian residents who are aged 18 years or over. Employees, agents, affiliates, officers or directors of the Promoter or of any advertiser, promotion agency, fulfilment agency or agent of the Promoter, or of anyone else professionally connected with any promotion, or a family member of any of these are not eligible to enter.
3. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who the Promoter believes either has tampered with the entry process or has submitted an entry that is not in accordance with these Official Rules.
4. The promotion commences and ends on the times and dates set out in the Product Advertisement on the Site ("Promotion Period").
5. Only one entry per person per opportunity is permitted. Attempts to create multiple accounts for the same product will result in the account for the multiple registrations being revoked.
6. Entrants must, during the Promotion Period:
a. Go to the Site.
b. Select any opportunity from a list of mysery shopping advertisements advertised on the Site.
c. Complete the survey questions,where prompted, and tell us in 25 words or less why you would like to be a Mystery Shopper.
d. Click on 'Submit'.
7. Entries including false details will be disregarded as will any that are automated or mechanically made. The Promoter reserves the right to reject any entry on reasonable grounds.
8. All valid entries received by the end of the Promotion Period will be reviewed by a judging panel. This is a skill based promotion and chance plays no part in determining the winners. Each entry will be individually judged based on different criteria, depending on the opportunity selected by the entrant and the responses to the questions in any survey. Mystery Shoppers will be selected based their spelling & grammar skills and the construction of their 25 word response. This will determine users with the required skills to test & write a comprehensive review of a mystery shopping experience.
9. The best entry or entries per mystery shopping opportunity will be selected to be a mystery shopper. The requirements of each mystery shopper campaign will be communicated with the entrant that has been selected as a mystery shopper and will vary depending on the opportunity, however, the mystery shopper will be required to at a minimum:
a. Complete a shop at the store they have been selected for (this may be their local store of the brand selected) using the gift card/voucher to pay for the goods.
b. Submit to the Promoter via the Site a 500 word (or more) written review, photos of the entrant with the gift card/voucher and poster provided by the Promoter, and a video review of their mystery shopping experience by the date set out in the Product Advertisement. Exact requirements of what should be included in the written and video reviews, and photos, are detailed in the letter and checklist provided to the Mystery Shopper by the Promoter.
If the selected mystery shopper does not comply to all the requirements in point 9 within 7 days, and do not contact the Promoter to ask for an extension of time or provide a reason for delay, they will be invoiced for the value of the gift cards/vouchers.
10. All gift cards/vouchers will be delivered direct to the Mystery Shopper's home address totally free of charge, no product or cash alternative will be offered. Once the Mystery Shopper has complied with their obligations in clause 9, they will be able to keep all of the goods they have purchased using the gift card/voucher provided free of charge by the Promoter. We accept no responsibility or liability for loss, damage or personal injury resulting from the use of gift cards/vouchers or goods purchased using said gift cards/vouchers. If during the test period a gift card/voucher is found to be faulty, we will request the Mystery Shopper return the gift card/voucher to a specified address so we can request a replacement from the retailer. We do not offer any personal warranty on the gift cards/vouchers or goods purchased using said gift cards/vouchers as this remains with the retailer under the Australian Sale of Goods Act 1954.
11. All entries become the property of the Promoter. The Promoter's decision is final and no correspondence will be entered into. No responsibility is accepted for entries not received by the Promoter. Entries will be deemed void it stolen, forged, mutilated or tampered with in any way.
12. Entrants warrant that their entry in the promotion, including any submissions made to the Promoter does not breach the intellectual property rights of any third party. The entrant indemnifies and will keep the Promoter and its associated suppliers, agencies and affiliates indemnified against any loss, costs (including legal costs), expenses or liability by the Promoter and its associated suppliers, agencies and affiliates may suffer arising out of a breach by the entrant of this clause.
13. All entries are deemed to be received at the time of receipt into the promotion database and not at the time of transmission by the entrant. Any form of automated entry using other devices or software is invalid.
14. The Promoter and its associated suppliers, agencies and affiliates accept no responsibility for any gift cards/vouchers damaged or lost in transit.
15. Entrants selected as Mystery Shoppers will be notified via email or social media message in the first instance, and will only be contacted by us via phone if we do not receive a response to our initital communication. Those selected must confirm their acceptance including confirmation of their address and personal details within 7 days of notification. Any entrant that does not confirm their acceptance and confirm the relevant details within 7 days will forfeit their opportunity to be a Mystery Shopper.
16. Mystery Shoppers' names in respect of any mystery shopping opportunity will be published on the Site.
17. Depending on the mystery shopping opportunity, the mystery shopper may be required to sign a form to release the Promoter from and indemnify the Promoter against, any and all liability arising from use of or participation in the mystery shop/gift card or voucher.
18. The opportunity is subject to the conditions of entry of the third party supplier of the gift cards/vouchers and the Promoter and its related bodies corporate are not responsible or liable for any direct or indirect loss suffered by any entrant as a direct or indirect result of the conduct of any third party supplier.
19. Any costs associated with entering the promotion and accessing the Site are the responsibility of the entrant.
20. If you do not comply with the Official Rules you may be disqualified from all mystery shopping opportunities without further notice. False or deceptive entries or acts will render the entrant ineligible.
21. Entrants agree to participate in any promotional activity surrounding this promotion. The Promoter will require photographs of Mystery Shoppers and will require to use those photographs, the names and images of such Mystery Shoppers to publicise on the Site, in e-mails and through any other media for promotion. Individuals should not enter to become a Mystery Shopper if they do not agree to this. Entrants agree that participation in the promotion will be free of charge. Entrants consent to the Promoter and its associated suppliers, agencies and affiliates using their name and image in any media in perpetuity, without limitation and without compensation to the entrant.
23. To the fullest extent permitted by law and without limiting any other conditions of entry, the Promoter may, in its discretion, suspend, modify or terminate the Promotion at any time.
24. These terms and conditions do not, nor do they purport to, limit, exclude or modify any non-excludable statutory guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other warranties (whether express or implied) under any state or federal legislation which cannot be excluded.
25. To the fullest extent permitted by law, the Promoter, its affiliates and third party suppliers and agencies hereby expressly exclude: all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any liability for any direct, indirect or consequential loss or damage incurred by any entrant in connection with any entry into the promotion or the use of a gift card/voucher. As a condition of your entry into any prize draw, you agree to indemnify us and our affiliates, officers, employees and agents from and against any and all liabilities, other expenses (including costs and legal fees) and damages arising out of claims resulting directly or indirectly from such entry.
26. The Promoter is not affiliated with the manufacturer or provider of the gift card/voucher nor with any of the third parties appearing in the marketing promotional copy unless otherwise indicated.
27. The Promoter undertakes to use reasonable efforts to maintain adequate email, internet and other communication links but is not otherwise responsible for and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; or prize deliveries attempted but not received. If you are disqualified, the Promoter is under no obligation to publish this fact on this site or anywhere else.