Business Terms
Version 2026-10-15
1. Parties and acceptance
These terms are an agreement between MysteryShopper.com.au Pty Limited (we, us) and the business on whose behalf a business account is created or used (you). By creating or using a business account you accept these terms for that business and confirm that you are authorised to do so. Where these terms limit our liability or give us the benefit of an indemnity, we and us also include our officers, employees and related companies. If we sign a separate written agreement with you, that agreement prevails over these terms to the extent of any inconsistency.
2. Accounts and users
A business account has an owner and may have admins and managers. Owners manage the account and its members. Admins may also manage members, locations and tags, questionnaires, jobs and billing. Managers may view the jobs, visits, reports and insights for the locations they are given. You are responsible for everyone you invite and for everything done through your account, and you must invite only people entitled to act for your business.
3. Jobs
You post a job by choosing a questionnaire, the locations, the window in which it must be completed and the fee. The fee is shown before you post. A posted job is an instruction to us to have it performed by shoppers on the platform. You may pause a posted job (visits already claimed by a shopper continue) or cancel it (visits not yet finished are cancelled). If you pay a job by invoice, we release it to shoppers once the invoice is paid, and if the invoice isn't paid by its due date, we cancel the invoice and the job. If we have agreed credit terms with you, we release the job when you post it, and the invoice is payable on those terms.
4. Shoppers
Jobs are performed by independent shoppers. They are not employees or agents of ours or of yours. We do not disclose a shopper's identity, contact details or location to you, and you must not attempt to identify, contact or engage a shopper outside the platform, or ask a shopper to act unlawfully.
5. Reports
A report is delivered to you after it passes our review. It records the shopper's observations at the time of the job, and its scores are produced by our systems from the shopper's answers and photographs. The written summaries across your reports are produced by our systems from those scores. We do not guarantee any particular finding or business outcome. Reports and the answers and photographs behind them, including all intellectual property in them, are and remain our property, apart from your own material described in clause 6. We grant you a non-exclusive, non-transferable licence to use them for your own internal business purposes for as long as you hold an account. You must not publish, resell or supply them to any other person.
6. Intellectual property
The platform, our name and brand, our methods, questionnaire templates, software and documentation, and all intellectual property in them, are ours and stay ours. Nothing in these terms transfers any of it to you. The information you give us, including your business details, your locations and the questions you write, stays yours, and you give us a licence to use it to provide the service to you.
7. Disputes
You may raise a dispute about a job's outcome. We investigate, may ask you or the shopper for more information, and issue a resolution. A resolution may confirm, reverse or adjust the outcome and any payment connected with it, and is final on the platform.
8. Fees and GST
Fees for jobs and for any plan are as published on our pricing page or as agreed with you in writing, and are payable as charged or invoiced. Fees are exclusive of GST unless stated otherwise, and GST is added where it applies. We may change published fees with notice; a change does not affect jobs already posted.
9. Acceptable use
You must use the platform lawfully and only for locations you operate or are authorised to have assessed. You must not post jobs that ask a shopper to act unlawfully, to record where recording is not permitted, or to harass anyone, and you must not use the platform to target or discriminate against any person.
10. Confidentiality
Your questionnaires, jobs and reports are confidential to your business, and we do not disclose them to other businesses. Information about our platform and business that is not public is confidential to us. Any information about a shopper that reaches you must be kept confidential and used only for the job concerned.
11. Changes to these terms
We may publish a new version of these terms with a new date on this page. A new version applies to jobs posted after its date, and the version date at the top of this page tells you which terms apply.
12. Suspension, termination and closure
You may close your account at any time by asking us to close it. We may suspend or terminate your access if you breach these terms, fail to pay fees when due, or misuse the platform. On closure or termination, access to the account and its reports ends, fees for jobs already performed become payable immediately, and we retain reports and records for as long as the law or a genuine business need requires. We do not provide an export of your reports. This does not affect any right you have under our Privacy Policy. Clauses 5, 6, 10, 13 and 14 continue to apply after termination.
13. Liability and indemnity
To the extent permitted by law, our liability to you in connection with a job is limited to the fees paid for that job, and we are not liable for indirect or consequential loss. You indemnify us against any loss or cost we suffer because you breached these terms, posted a job that asked a shopper to act unlawfully, or used a report outside the licence in clause 5. Indemnities survive termination. Nothing in these terms excludes guarantees under the Australian Consumer Law that cannot be excluded.
14. Events beyond our control
Neither of us is liable for a failure or delay caused by something beyond our reasonable control, including an outage of a service we rely on, the availability of shoppers, or an event at a location. Obligations to pay are not excused.
15. Assignment
You may not transfer your account or these terms without our consent. We may assign these terms to a related company or to a successor to our business, and will tell you if we do.
16. General
If any part of these terms is unenforceable, that part is severed and the rest stands. These terms, together with any written agreement between us, are the entire agreement about their subject matter.
17. Governing law and contact
These terms are governed by the laws of New South Wales, Australia. Enquiries: support@mysteryshopper.com.au.