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Shadow Shopper Pty Ltd

Independent Contractor Agreement


By clicking on the words "I AGREE" and submitting this form, or by undertaking Our online training, accessing our Training Manual or accepting or carrying out Shopping Assignments, you agree to be bound by the following agreement ("Terms") between you ("You") and ShadowShopper Pty Ltd ACN 110 653 757 ("We" or "Us").

These Terms govern your access to, browsing and/or use of this website ("Site"), and any work you carry out for Us under this Agreement ("Shopping Assignments"). You also agree to comply with all applicable laws and regulations.

If you do not agree to these Terms, please click on the words "I DO NOT AGREE" and exit this Site immediately.

We reserve the right, at our discretion, to update or revise these Terms by posting the new version on the Site at any time and without separate notice to You. You are responsible to review these Terms periodically for any changes. Your continued use of this Site or acceptance of Shopping Assignments after We post any changes to these Terms constitutes Your agreement to those changes.


We hire contractors to carry out anonymous evaluations of businesses by acting as ordinary customers.

In order to qualify and register with Us as a contractor You must complete to a satisfactory standard Our online training and evaluation, and comply with Our Training Manual.

Once you have qualified as a contractor, we may send You an offer for Shopping Assignments ("Offer") from time to time.

Each Offer will set out guidelines applicable to the Shopping Assignment ("Job Instructions") including:

  1. where the Shopping Assignments is;

  2. when the Shopping Assignment must be completed by ("Completion Date");

  3. what rate of pay ("Fee") applies for that Shopping Assignment and what expenses will be reimbursed ("Expenses"); and

  4. any other guidelines that apply for that Shopping Assignment.

You are free to accept or reject any Offer.

If You accept an Offer You must successfully complete the Shopping Assignment by the Completion Date in compliance with the Job Instructions and these Terms, in order to receive your Fee.

We will pay your Fee and Expenses within 30 days of receiving Your completed assignment report and any required supporting documentation, such as receipts.


You acknowledge and agree that:

  1. You are acting as an independent contractor, not an employee;

  2. You are responsible for Your own insurance, including car insurance;

  3. You are responsible for paying any taxes on Fees. We will not withhold tax instalments or issue earnings statements of any kind;

  4. You will not be registered as a contractor if You have not completed to Our satisfaction all of Our requirements;

  5. Offers are made at our sole discretion and We do not guarantee that You will receive regular Offers, or any Offers at all; and

  6. Shopping Assignments do not ordinarily have a significant commercial purpose and if undertaken as a personal activity You will not need to provide Us with an ABN, but You will provide Us with an ABN if You are carrying on a business for profit as a contractor;

We will not pay Your Fees or Expenses if you have not complied with the Job Instructions, the Training Manual ('Certification Course')and these Terms in carrying out each Shopping Assignment.


You must use the Site in good faith. You must not disclose Your user name or any password to any other person.

You must not accept any Shopping Assignment if You have a conflict of interest, for example:

  1. You are connected with the business named in the Offer; or

  2. You know the owner or know someone who works for the business named in the Offer;

and you must let us know about the conflict.

Before each Shopping Assignment You must follow the Job Instructions and be well prepared in advance.

During every Shopping Assignment You must:

  1. carry out the work Yourself. You cannot ask someone else to do it for You;

  2. comply with the Job Instructions, the Training Manual (Certification Course) and these Terms;

  3. never reveal that You are a mystery shopper, secret shopper, customer service evaluator or anything of the like;

  4. accurately and honestly record and report Your experiences to Us in a timely fashion;

  5. act diligently, ethically, soberly and honestly;

  6. not take or use any unprescribed drug or intoxicating substance;

  7. comply with all occupational health and safety policies of any relevant government body;

  8. not commit any criminal offence and not otherwise break any law or regulation; and

  9. not sexually harass, act in a discriminatory or abusive way or cause nuisance or upset to any person.

You must not solicit, or accept offers from, businesses to engage Us or to become Our clients, or people to become Our contractors, unless We have specifically authorised You to do so.


You must not use or disclose any Confidential Information without Our permission.

You must take all reasonable precautions necessary to maintain the secrecy and confidentiality of all Confidential Information.

You must within three (3) business days of the receipt of Our written request, return to Us or destroy as requested, all originals, copies, extracts and summaries of the Confidential Information in Your possession or control.

"Confidential Information" means any information not otherwise publicly available, that You receive from Us, or any source, in relation to this Site, Offers, Shopping Assignments or Job Instructions, including without limitation:

  1. the location, nature or method of any Shopping Assignment;

  2. the questionnaire used for any Shopping Assignment;

  3. information about Offers including how many You have received; and

  4. Any information contained in any Job Instructions.


We are committed to protecting your privacy. We will not sell, trade or rent Your personal information to others.

However, You agree to receive emails from Us for the purposes of receiving Offers, updates about assignments, and other information related to Our business. You acknowledge and agree that such emails are not SPAM.

You may at any time contact Us at if you wish to:

  1. amend any of Your personal information that We hold; or

  2. deregister Yourself as a contractor; or

  3. otherwise terminate this Agreement and We will carry out Your request as soon as reasonably possible.


You warrant that:

  1. You are over 18 years old;

  2. The information You have provided to Us for the purposes of registering as a contractor is accurate, complete and up-to-date; and

  3. You are competent and have the necessary skills and qualifications to carry out work of this kind; and

  4. You have read and will comply with the Training Manual.

You indemnify Us and Our employees, contractors, officers, and directors against all liabilities, costs, expenses, actions or claims directly or indirectly incurred or suffered by Us as a result of any breach of these warranties or breach of these Terms by You, including legal costs and disbursements on a full indemnity basis.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You must cooperate with Us in asserting any available defences.


You use the Site and carry out any Shopping Assignment at your sole risk.

We make no representation and do not warrant that the information provided on this Site is complete, accurate or current. Please note that the information may be incomplete, may contain errors, or may have become out of date.

Neither We nor any of Our directors, employees or other representatives, will be liable for any loss, damage or personal injury whatsoever which may arise out of or in connection with the use of this Site or any Shopping Assignment, to the maximum extent permitted by law. This limitation of liability extends to loss, damage or personal injury caused directly or indirectly by or in connection with:

  1. any Shopping Assignment including travelling to and from a Shopping Assignment;

  2. Your access to or inability to access this Site; or

  3. Your reliance on any information provided in the Site; even if We have been advised of the possibility of such damages or injury.


You agree that We own all intellectual property rights in any reports You provide to Us in relation to any Shopping Assignment, and you assign all such intellectual property rights to Us, whether past, present or future.

This Site contains material which is subject to protection under Australian and international copyright and other laws governing protection of intellectual property rights. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials. However, you may copy (either electronically or in hard copy) material on the Site for Your own use in connection with registration as a contractor or for carrying out any Shopping Assignments.


If We in our absolute discretion determine that you have committed a breach of these Terms, We may immediately and without further notice to you, suspend your use of the Site and deregister you as a contractor.


To the fullest extent permissible at law during the term of this Agreement and for a period of twelve (12) months after the termination or expiry of this Agreement You must not without Our written consent hold an ownership interest either directly or indirectly in any mystery shopper business similar to, or in competition with Us within the state in which You reside, the state in which you received any Offers or the state in which You carried out any Shopping Assignments. You may however, act as an employee or contractor for such businesses as a mystery shopper or in a similar capacity.

For a period of 12 months following the termination of this Agreement, You must not actively solicit the custom or business of Our clients or customers (including any businesses named in any Offers You have received), either for Yourself or on behalf of someone else.

The parties agree that if a court of law or other relevant tribunal judges any of these restrictions to be unreasonable, then that restriction will remain operative for a period of 6 months only.



If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

Entire agreement

This Agreement supersedes all previous Agreements in respect of its subject matter and embodies the entire Agreement between the parties.

Relationship of the parties

The Agreement is not intended to create a partnership, employment or principal and agent relationship between the parties.


These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.


This Agreement starts upon Your acceptance of these Terms and ends upon termination by either party.

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