1.1. Through the Greatvine Platform we give employers and recruiters (you or your) the opportunity to independently source information about Candidates (seeking employment) from persons known to the Candidates. It is intended that this information be used as an aid in your interview with the Candidate.
Those persons, who are requested to provide information about a Candidate, will be selected by us from publicly available sources based on information provided by the Candidate about their work history.
The information provided by Respondents will be contained in the answers given by them in response to our standard questionnaire in which we solicit information about a Candidate’s working style.
We will provide a written report to you with insights about a Candidate's character and values, which are hard to judge in a typical recruitment process but easy for former colleagues to identify based on their long-term interaction with the Candidate.
We will not reveal the identity of the Respondents - except where persons providing information to us agree to be identified and contacted by you.
1.2. The Services provided through the Greatvine Platform are only made available on the basis that:
In this context you may be a prospective employer undertaking its own recruitment or a recruitment agency undertaking recruitment in instructions from a prospective employer.
1.3. These terms and conditions are being presented as part of your engagement of Greatvine to source the services available on the Greatvine Platform.
1.4. Access to and use of the Platform is provided on the condition that:
1.5. By clicking “I accept” to complete the account opening process (or by otherwise indicating assent electronically or accessing or using the Platform), the person named as the owner of the account:
1.6. The person, clicking “I accept” (or otherwise assenting to the terms and conditions) on behalf of a holder which is a corporation, limited liability company, partnership or other legal entity, represents and warrants to us that they are authorised to agree to these terms and conditions on behalf of such entity.
1.7. No person (including without limitation any of our resellers or integrators) is authorised to make any representations or warranties regarding the Platform that are binding on us.
1.8. In these terms and conditions, reference to:
In these terms and conditions:
Note: Authorised Users must be a current bona fide officer, employee of you or a contractor engaged to provide services to you, provided such contractors have been informed of, and agree to abide by, these terms and conditions.
Note these custom services will be provided pursuant to a written statement of work signed by both of us.
In these terms and conditions:
4.1. The Platform is cloud-based and is subject to ongoing improvement and optimisation, which will occur from time-to-time and without prior notice.
4.2. The Platform may not be available at times and/or may not work as intended.
4.3. You warrant to us that you have selected the Platform based on your own assessment of your requirements and the Services offered through the Platform.
4.4. We may agree, at your request, to provide Custom Services. Custom Services will be provided by us pursuant to a written statement of work, which will scope the services, record the fees payable and terms of payment and state any terms and conditions that are to apply and be signed by both of us.
4.5. We host the Platform on virtual servers located at and managed through the Data Centre.
4.6. Information about the service levels to which the Data Centre commits and about its management of security are available from us on request.
4.7. From time to time, without notice, access to or use of all or part of the Platform may be disrupted or limited. We will use our best endeavours to restore access to the Platform as soon as practicable.
4.8. From time-to-time we will conduct preventative and remedial maintenance on the Platform and in respect of the infrastructure that we deploy in the provision of the Platform (Scheduled Maintenance).
4.9. We will endeavour, but are not obliged, to carry out Scheduled Maintenance outside usual Business Hours and to give reasonable notice of any planned downtime for the Platform. In the event of an emergency, we may carry out maintenance during usual Business Hours and without first notifying you.
5.1. We provide the Services to your Authorised Users pursuant these terms and conditions during the Term in return for payment of the Fees specified at the time we are requested to provide the service.
5.2. Fees will be invoiced by us when our Report about a Candidate is made available for downloading by you. Reports will not be able to be downloaded by you until the Fees for the provision of the Report have been paid in full.
5.3. If you provided details of a credit/debit card with which to pay an invoice, we may charge to your credit card (or other payment mechanism selected by you and approved by us) all amounts due and owing for provision of the Services requested by you.
5.4. Fees under these terms and conditions do not include taxes except income tax or as otherwise expressly shown. You are responsible for all taxes. If we have an obligation at Law to pay taxes for which you are responsible, you must promptly pay the taxes invoiced by us unless you establish to our satisfaction that you have a valid exemption.
5.5. We may change the Fees we charge at any time, including charging for services that were previously offered free of charge. However, we will provide you with prior notice of the change.
6.1. You and your Authorised Users have the non-exclusive:
6.2. You are responsible for the following in relation to use of the Platform:
6.3. You must:
6.4. You must comply with all Laws in using the Platform.
6.5. To the maximum extent permitted by applicable Law, you assume the entire risk arising out of your access to and use of the Platform and the Reports.
6.6. We are and will not be liable to you (or those claiming through you) in the event of Platform failure arising from or related to:
6.7. We reserve the right to monitor use of the Platform to verify compliance with these terms and conditions and the Policies.
6.8. You are responsible for your own and your Authorised Users’ compliance with these terms and conditions and the Policies. If one or more of your Authorised Users fails to comply with these terms and conditions, you will be responsible and liable for that breach as if such breach was committed by you.
8.1. Except as expressly permitted by these terms and conditions, you must not:
8.2. You must ensure that nothing occurs in relation to the use of the Platform by you and your Authorised Users which will result in a Claim being brought against us.
8.3. You are responsible for the quality accuracy and completeness of Your Data and for compliance with all Laws pertaining to Your Data, including Laws requiring you to:
By uploading Your Data to the Platform, you warrant that you have the right to do so and that use of Your Data by you and Your Users does not infringe any rights of any third party.
9.1. The Intellectual Property Rights subsisting in the Platform and the Reports (and any other information or materials, supplied by us to you in respect of a Candidate) remain our exclusive property.
9.2. If a claim is made against you by a third party that the supply of the Platform infringes the Intellectual Property Rights of that third party, you must give written notice of that claim to us.
9.3. If any part of any Platform becomes the subject of a third-party claim or litigation regarding infringement, violation or misappropriation of Intellectual Property Rights, at no cost to you, we will:
9.4. You grant us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform any recommendations or other feedback provided to us by you.
10.1. This clause is in addition to any other clauses in these terms and conditions dealing with our liability to you, and those claiming through you, in respect of the Platform and the Services (including Reports) we provide.
10.2. To the maximum extent permitted by applicable law and on behalf of ourselves (together with our suppliers and licensors) we disclaim all warranties, guarantees and other conditions, not expressly contained in these terms and conditions.
Note: these warranties include, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
10.3. We cannot and do not warrant that:
10.4. You agree that the information about a Candidate in a Report:
10.5. You agree that information about a Candidate in a Report will be used by you and your Authorised Users:
10.6. We are not liable for any delay or failure in the provision of the Services to you if the delay is due to:
10.7. Notwithstanding anything else contained in these terms and conditions to the contrary, neither we nor our suppliers and licensors will be liable to you or those claiming through you for any claims seeking damages for:
arising in any manner pursuant to or in connection with the Services provided through the Platform to you.
10.8. Our total liability to you, and those claiming through you, in respect of a Service provided to you in respect of a Candidate is limited to AUD100.
If any Law means that such limitation is not effective, our total liability to you, and those claiming through you, in respect of a Service provided to you in respect of a Candidate is limited to the resupply of the Service to you or the payment of the cost of having the Service resupplied to you.
10.9. The limitations in this clause apply:
10.10. This clause applies to the maximum extent permitted by any applicable Law.
11.1. You agree to release and discharge us (and our shareholders, directors, officers, employees, contractors and agents) from all liability arising from Claims made by any third party against you in connection with or arising out of use of our Services and/or Reports by you, your Authorised Users or, if you are undertaking recruitment for a client, your client.
11.2. You agree to indemnify us (and our shareholders, directors, officers, employees, contractors and agents) from all liability arising from Claims made by any third party against us:
12.1. Your access to use of the Platform may be terminated by us giving notice in writing to you (such notice to take effect immediately) if one or more of the following events occur:
12.2. We may suspend your access to, and use of the Platform, if use of the Platform has caused or is causing you to be in breach of these terms and conditions.
12.3. We may terminate your use of the Platform for convenience by giving 30 days’ notice in writing to you.
13.1. We may provide any notice to you under these terms and conditions by:
13.2. Notice provided:
13.3. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive it.
13.4. Notices provided by you to us under these terms and conditions must be sent by email to us at firstname.lastname@example.org. Notices sent by you to us are effective upon receipt by us.
14.1. These terms and conditions constitute the entire agreement between you and us relating to your access to and use of the Platform and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between us.
14.2. We may amend these terms and conditions by giving written notice to you. Continued use of the Platform by you after notice of the amendment is given to you will constitute acceptance by you of the amendment.
14.3. A breach of these terms and conditions by either of us, that is excused by the other, must be in writing and signed by both of us.
14.4. If any term or condition is found to be illegal or unenforceable, each such term or condition will be enforced only to the extent it is not illegal or unenforceable and all other terms and provisions will remain in full force and effect.
14.5. Clauses 2, 3, 5, 6, 7, 8, 9, 10, 11, 13 and 14 of these terms and conditions survive termination of your right to use the Platform.
14.6. You expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action or any other proceeding in which any party acts or proposes to act in a representative capacity.
14.7. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.
14.8. No failure or delay by either party in exercising any right under these terms and conditions will constitute a waiver of that right.
14.9. Each of us expressly:
14.10. The Laws of New South Wales, Australia governs these terms and conditions, and we both agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.