Terms and Conditions


All users of this site must abide by the Terms and Conditions outlined below: 

This website is maintained by Creative Field Marketing Pty Ltd whose Head Office is at 1/120 Pacific Highway, St. Leonards, NSW 2065. As a user of the Creative Field Marketing Pty Ltd 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. 

If you become employed as a Creative Field Marketing Pty Ltd, then your profile and personal details will be included in our database of eligible myshift Team Members. You will then be eligible to complete shifts on myshift.

Creative Field Marketing Pty Ltd may also use email addresses or other personally identifiable information to contact users who directly communicate with Creative Field Marketing Pty Ltd. 

Creative Field Marketing Pty Ltd Limited will not sell, rent, lend or distribute personally identifiable information collected online. 

Creative Field Marketing Pty Ltd 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 websites, Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd 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 Field Marketing Pty Ltd, and upon payment of any fee required by Creative Field Marketing Pty Ltd 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 Creative Field Marketing Pty Ltd, except as expressly authorized by this license. 
• To ensure your employees, subcontractors and other agents (if any) who have authorized 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 Field Marketing Pty Ltd. 
• To not use the material in the websites for, or in connection with, a service bureau operation. 

Warranties
Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd to be in breach of the Terms and Conditions of Use of this license.

Creative Field Marketing Pty Ltd reserves the right to change, add or remove any material in or from the websites without notice.

Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd for breach of any such implied term will be limited, at the option of Creative Field Marketing Pty Ltd, 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 Field Marketing Pty Ltd 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 Field Marketing Pty Ltd 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 Field Marketing Pty Ltd (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.

Trademarks
Creative Field Marketing Pty Ltd and all associated trademarks are trademarks of Creative Field Marketing Pty Ltd Limited and their related bodies corporate.

Indemnity
You must indemnify and keep Creative Field Marketing Pty Ltd indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd and on terms satisfactory to Creative Field Marketing Pty Ltd.

Disclaimer
You accept that Creative Field Marketing Pty Ltd takes no responsibility for any error or omission relating to the material contained in the websites.

You accept that Creative Field Marketing Pty Ltd makes no undertakings to provide access to the websites at any particular time, or for any particular length of time. You agree that Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd 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 Field Marketing Pty Ltd.

Termination pursuant to this clause shall not affect any rights or remedies, which Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd 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 Field Marketing Pty Ltd 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.

Waiver
Failure or neglect by Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd under this license.

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

Definitions
•  'Creative Field Marketing Pty Ltd' means Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd websites.

Terms and Conditions of Employment:

All employees of Creative Field Marketing Pty Ltd 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 theCreative Field Marketing Pty Ltd Policy Manual. A copy of the manual can be found on BPP or requested through your Manager.

WH&S Policy: Creative Field Marketing Pty Ltd has a corporate Work Health and Safety (WH&S) policy which can be viewed through BPP Whilst Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd 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

Hours of Work: Your hours will vary as notified online by Creative Field Marketing Pty Ltd. 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 Field Marketing Pty Ltd 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 shift. 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 shift. You will be informed the total rate payable for the specific shift prior to accepting the shift online. 

Expenses: The total payment for each shift is inclusive of all costs associated with the shift.  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 Field Marketing Pty Ltd 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 Field Marketing Pty Ltd of the estimated duration of absence. 

Communication: Creative Field Marketing Pty Ltd will contact you via email, text message, and phone as part of your employment. Failure to contact Creative Field Marketing Pty Ltd by midnight on the day of a request being lodged may result in loss of payment for a completed shift. Failure to be contactable on an ongoing basis may result in your removal as a Team Member. 

Termination: Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd 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 Field Marketing Pty Ltd is prejudicial to the business or interests of Creative Field Marketing Pty Ltd or the Client. 

Prohibition on Contras: Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd 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 Field Marketing Pty Ltd 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 Field Marketing Pty Ltd and any Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd and / or the Client and provided that the prior consent of Creative Field Marketing Pty Ltd 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 Field Marketing Pty Ltd. 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 Field Marketing Pty Ltd or its clients, without consent from Creative Field Marketing Pty Ltd.

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.

Shift Acceptance Terms and Conditions?
In accepting and performing any Shift through myshift you commit to:
Confidentiality
Protect the confidentiality of all the materials provided to you, the information gathered by you and the results produced by you; and
Not discussing or disclosing the duties performed by you, either in person or online (other than with the Creative Field Marketing Pty Ltd myshift Operational Teams. 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 Field Marketing Pty Ltd’s mystery shopping work product and methodology.  This data is protected by the Data Protection Act (in its most current form).

- You acknowledge and agree that failure to maintain confidentiality is a breach of your employment conditions and that such a breach may result in further work not being offered to you or possible termination of employment.

Shift requirements and instruction:
 - You understand and accept the details, specific requirements and payment model of the shift.
 - You understand and accept that if the reporting timeframe is not adhered to the shift will be automatically withdrawn from your ‘Accepted Shifts’ and will impact your myshift Star Rating.
- You understand and accept that you will not receive payment unless your data/report is submitted as per the KPIs / specific reporting requirements of each shift
- You understand and accept that on submission of data for each shift that our team thoroughly quality check your submission before any results are sent to our clients.  During any quality control process we may validate your data based on overall visit requirements, data accuracy, pre-determined data tolerances, quality of your responses, etc.  This ensures that our clients only receive 100% accurate information.
- You understand and accept that if you do not follow instructions provided, including days, timeframes and all instructions provided you may not be paid for the shift as it will be considered incomplete.
- You understand and accept that the shift must be completed by yourself and unaccompanied. i.e you must not take any friends, partners, children or babies with you when completing a shift.
Work Health and Safety Guidelines (WH&S):
The Work Health and Safety of our employees is of utmost importance to Creative Field Marketing Pty Ltd.  As a result, it is a requirement that all employees familiarise themselves with the WH&S guidelines contained within the training materials specific to each shiftprior to understanding any jobs.

- You confirm that you have read and understood the Documents and Training Materials inclusive of WH&S guidelines attached to this shift and agree to adhere to all guidelines whilst performing all job tasks. As part of your obligations for WH&S you are required to advise Creative Field Marketing Pty Ltd myshift Operations Team immediately of any safety hazards, incidents or concerns you experience whilst performing any shift for Creative Field Marketing Pty Ltd.
 
Key Performance Indicators (KPIs):
- You confirm that you will complete this shift in line with the Key Performance Indicators (KPIs) as outlined on the myshift website.
- You understand that if these KPIs are not adhered to that you may not be paid for the shift. If you do not meet your KPIs on an ongoing basis we reserve the right to remove you from our field team.
 
Impartiality:
- You understand that you cannot befriend any store staff on social networking sites such as Facebook, MySpace, Twitter etc