Terms & Conditions – Wine Guns for Hire

Last Updated: December 2021

Please read these Terms and Conditions (Terms) carefully as they contain important information about your legal rights, remedies and obligations.

By accessing or using Wine Guns For Hire, our online jobs board portal, that we may make available to you from time to time (Portal), as either an Employer or Candidate, you agree to comply with and be bound by these Terms.

These Terms governs your use of the Portal. You agree to these Terms by clicking “I agree” during the registration process when registering an account to access the Portal (Account) and during other instances following registration of your Account.

If you do not agree to be bound by these Terms, you may not use the Portal or any services associated with the Portal.

When these Terms mention “Wine Guns for Hire”, “WGFH,” “we,” “us,” or “our,” it refers to V-Know Pty Ltd (ACN 135 523 152).

Our collection and use of personal information in connection with your access to and use of the Portal is described in our Privacy Policy. You can view our Privacy Policy at this link: https://younggunofwine.com/privacy-policy.

If you have any questions about these Terms, please email us.

1. Overview

Wine Guns for Hire is an online Portal that connects Employers with Candidates by enabling Employers to post and promote job vacancies in the wine industry (Job Listings) and Candidates to apply for jobs contained in Job Listings (Applications).

Job Listings, Applications and all other information made available through the Portal is referred to as Content in these Terms.

The Portal is made available through our website located at www.younggunofwine.com which may be accessed through your computer browser or compatible mobile device following the creation of an Account.

Subject to these Terms, we grant you a limited, non-exclusive, personal and non-transferable license to access and use the Portal and view Content through the Portal.

These Terms incorporate your Account details.

We may change these Terms at any time. We will notify you of any material change prior to the date such change comes into effect. If you do not agree to any change to these Terms, you must discontinue use of the Portal.

2. Eligibility and Registration

To register for an Account which will allow you to access and use the Portal, you must:

(a) provide us with your name and email address, and any other relevant details we request as part of the registration process; and

(b) accept these Terms.

Account and registration requirements will vary depending on whether you are an Employer or a Candidate.

You must register an Account and have access to a compatible computer or mobile device to use the Portal.

3. Employer general terms and conditions

3.1 Employers must ensure they comply with all statutory and other legal obligations when posting Job Listings and engaging with Candidates through the Portal. This includes but is not limited to the Fair Work Act 2009 (Cth), Equal Opportunity Act 2010 (Vic), Competition and Consumer Act 2010 (Cth), Sex Discrimination Act 1984 (Cth), Age Discrimination Act 2004 (Cth), Disability Discrimination Act 1992 (Cth) and Racial Discrimination Act 1975 (Cth).

3.2 We reserve the right to suspend or cancel any Account registered by an Employer or withdraw any Job Listing if we believe the Employer is breaching its legal obligations under these Terms, including where we reasonably believe:

(a) non-compliance with these Terms has occurred;

(b) misleading, inaccurate or incorrect information has been provided, including to us, via the Portal or to a Candidate; or

(c) where non-compliance with the law is reasonably suspected, including the legislation referred to above.

3.3 Employers may only use the Portal for the purposes of:

(a) posting Job Listings for Candidates to view and apply for (and not for any promotional or advertising purposes outside of advertising for an existing job vacancy);

(b) creating an Employer profile for Candidates to interact with in connection with a Job Listing, provided such profile only contains information that would assist a Candidate to understand the nature of the Employer’s business and job vacancies on offer from time to time;

(c) reviewing Candidate applications in response to Job Listings or other Candidate communications initiated by the relevant Candidate;

(d) contacting Candidates following an application being submitted by the relevant Candidate for the purposes of progressing the recruitment process;

(e) any other lawful purpose we may permit in writing from time to time.

3.4 Employers must only post Job Listings to the Portal that are in respect of a genuine, paid employment opportunity. We may request information from you to verify that a genuine, paid employment opportunity exists, acting reasonably.

3.5 Employers must not:

(a) promote or refer to brands other than those associated with its business in any circumstances when using the Portal;

(b) ask or require any Candidate to pay a fee or any money whatsoever in connection with the hiring process for any job advertised on the Portal;

(c) send unsolicited commercial electronic messages to Candidates or any other user of the Portal;

(d) sell, licence, rent or otherwise transfer any rights in relation to a Job Listing or any other part of the Portal (or associated services) to any third party without our prior written consent which we may withhold in our sole and absolute discretion.

(e) share Candidate job application data with any third party, including contact details, resumed and cover letters.

(f) include contact details such as email address and phone number on a job listing. (The WGFH portal facilitates the candidate’s application to the employer.)

3.6 Employers warrant that Job Listings and other material or content posted on the Portal do not breach the intellectual property rights of any third party and indemnify us for any loss we may incur as a result of any breach of this warranty.

4. Job Listing Packages and Fees

4.1 Employers may purchase packages or bundles to post Job Listings. The details relating to each package or bundle are set out on the Portal and confirmed at checkout by the Employer (Job Listing Package).

4.2 The fees in relation to each Job Listing Package will depend on the features and benefits associated with each Job Listing Package and will be notified to you at the time of checkout through the Portal (Fees).

4.3 Employers must pay the relevant Fees in advance at the time of checkout via Stripe or any other electronic payment method or processor we may make available from time to time.

4.4 Employers must pay for the services used in connection with the Portal and as relevant to the Job Listing Package purchased, regardless of whether the Employer uses those services or posts the Job Listings.

4.5 We may create improvements, enhancements, additions or otherwise evolve our offering in respect of Job Listing Packages from time to time, including in relation to product and package inclusions and features. Any associated pricing change will be notified to the Employer and will apply on and from the Employer purchasing the relevant improved or enhanced Job Listing Package, as may be applicable from time to time.

5. Privacy and Candidate Personal Information

5.1 We take our privacy obligations very seriously. We comply with the Privacy Act 1988 (Cth) and all other relevant privacy laws and regulations.

5.2 Employers acknowledge and agree that in respect of Candidate personal information (as personal information is defined in the Privacy Act):

(a) Employers will only be able to view Candidate Applications and data following the relevant Candidate submitting an Application in response to a Job Listing or otherwise initiating contact with the Employer;

(b) any personal information of any Candidate that an Employer obtains through its use of the Portal or products offered on the Portal must only be used by the Employer in relation to its genuine employment and recruitment activities and solely for the purposes of the relevant advertised Job Listing (for clarity, such personal information must not be disclosed to any third party without the relevant Candidate’s consent);

(c) if we believe that an Employer has misused Candidate data for any reason, we may immediately suspend or terminate the relevant Employer Account.

6. Candidate general terms and conditions

6.1 Candidates may use and access the Portal for the purpose of reviewing Job Listings and submitting Applications to Employers in response to Job Listings.

6.2 Searching, viewing and applying for jobs in response to Job Listings on the Portal is free for Candidates.

6.3 We give no guarantee to you of the availability of any particular job the subject of a Job Listing. We will not be liable to you if an Employer has filled the vacancy at any time prior to removal of the Job Listing from the Portal, or for any other reason you may be unsuccessful for a job following an Application.

6.4 We do not guarantee to you that every Job Listing represents an actual job vacancy, however, we require Employers to only submit and post genuine Job Listings under these Terms and reserve the right to take action against the Employer where this condition is breached, including suspending the relevant Employer’s Account.

6.5 Once you provide information to an Employer (for example, following an Application) we do not have control over the Employer’s use or disclosure of that information, however, each Employer has obligations to comply with the terms and conditions set out in these Terms in respect of the collection, use and disclosure of personal information under which we may exercise rights in the event of a breach by the relevant Employer.

6.6 We may store such information (including your personal information relating to Applications such as your contact details and your resume) regardless of whether a Job Listing has been closed or is no longer available on the Portal. We will only use such information in accordance with our Privacy Policy.

6.7 By using the Portal, you agree that we are not responsible for the content of any Job Listing, screener questions, skills assessments or their format or method of delivery, and we do not guarantee receipt of your Application by the Employer, or your receipt of any other communications from the Employer.

7. General responsibilities

7.1 All Employers and Candidates agree to comply with the following:

(a) you are responsible for any activity that occurs under your Account;

(b) you will keep your password secure;

(c) you must not abuse, harass, threaten, impersonate or intimidate other users;

(d) you may not use the Portal for any illegal or unauthorized purpose;

(e) you are solely responsible for your conduct and any data, text, information, screen names, photos, profiles, job information, candidate information or any other information that you submit, post, and display on the Portal;

(f) you must not modify, adapt or hack the Portal;

(g) you must not post or upload anything which is illegal, obscene, threatening, defamatory, which infringes any person’s rights (including without limitation intellectual property rights) or is otherwise objectionable to us as we may determine in our sole discretion;

(h) you must not create or submit unwanted emails or comments to any Candidate or Employer;

(i) you must not transmit any worms or viruses or any code of a destructive nature.

7.2 Except as expressly authorised under these Terms or with our express written consent, you must not download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Portal, except as expressly authorised under these Terms.

7.3 You must only use Portal in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.

7.4 All rights in the Portal and Content are reserved by us or the licensors of our Portal or Content (to the extent applicable).

7.5 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the Portal.

7.6 The Content on the Portal will change from time to time without notice to you. We make no warranty or representation in relation to Content availability.

7.7 You are also responsible for maintaining and regularly updating the accuracy of the information you provide to us relating to your Account. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.

7.8 As a web based service, we may undertake maintenance or upgrades to the Portal from time to time, and there may be unplanned outages to the Portal. Such maintenance, upgrades or outages may affect your ability to access the Portal.

7.9 The Portal contains software that may track and capture information about your activity (including information about your viewing habits, information about devices that you use to access the Portal that are registered to your Account, including unique device numbers, internet protocol addresses, your operating system and other information derived from the hardware configuration of such devices) and will send this information to us. We use this information for purposes including identifying the devices registered to your Account, to confirm your right to use the Portal and to otherwise enhance and improve the Portal. By using the Portal, you consent to the transmission of this information. This information will be held pursuant to our Privacy Policy

8. Intellectual Property

All Content on or available through the Portal (including the Content, and all other works, subject matter and other material comprising or available on the Portal) is our property or, as applicable, the property of our content partners or licensors. That property is protected by, and your use of the Portal is subject to, all relevant intellectual property laws.

9. Liability

9.1 To the maximum extent permitted by law, but subject to clause 9.2:

(a) the Portal and all Content and any other features or functions associated with the Portal, are provided “as is” and “as available” with all faults and without warranty or condition;

(b) we do not make any promises or assurances to you about the Portal or the Content, including without limitation that your use of the Portal will be uninterrupted or error-free;

(c) all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Portal or otherwise in connection with these Terms are expressly excluded;

(d) we will not be liable for any loss or damage (including special, indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Portal.

9.2 Nothing in these Terms excludes, restricts or modifies any rights that you have under statutory guarantees pursuant to applicable consumer protection laws that cannot be excluded, including the Competition and Consumer Act 2010 (Cth)

9.3 You are responsible for all acts and omissions of any person who uses your Account or the Portal under your Account.

9.4 You indemnify us and our shareholders, directors, officers, employees, suppliers, content partners and licensors (each an “indemnified party”) from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with your use of the Portal, including in connection with any content, information or other material posted on the Portal, or any other information you provide to us, unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default or gross negligence.

10. Other

10.1 Entire agreement

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between us and you pertaining to its subject matter and supersede any and all prior oral or written understandings or agreements between us and you in relation to the access to and use of the Portal.

10.2 Severance

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

10.3 No Waiver

Any failure by us to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The exercise by us of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

10.4 Governing Law and Jurisdiction

These Terms shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.

Each of the Parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.

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