TERMS OF USE
 
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Introduction
  1. GetAGreatBoss.Com (“GAGB”, “us” or “we”) provides a web-based service that aims to bring great bosses and great employees together. We do this by providing an online tool for anonymously reviewing a manager and making those reviews not only available to the manger and his or her employees, but also potential job applicants, online career portals, recruiters and Human Resource Departments (“the Services”).
  2. Please read this agreement carefully before making use of the Services as this document represents a legally binding agreement between GAGB and the users of www.getagreatboss.com (“you”). Users are deemed to include managers, employees, job applicants, online career portals, recruiters and HR Departments.
  3. GAGB provides a web-based application for reviewing a manager. The system can be activated either by a manager seeking a review from his or her employees, or by an employee completing an online review of their manager.
  4. These Terms of Use are divided into terms applicable only to managers (Part A), terms applicable only to employees (Part B), terms applicable only to job applicants (Part C), terms applicable only to recruiters and online career portals (Part D), terms applicable only to Human Resource Departments (Part E) and terms applicable to all-users (Part F).

Part A: Managers

Managers
  1. A Manager includes any person that directly supervises or manages workers also employed by the Manager’s employer.
Manager Request
  1. A Manager may request that GAGB facilitates an online review of their management style, completed by employees directly under the Manager’s supervision.
  2. To commence the process, a Manager must provide GAGB with valid email addresses for a minimum of eight employees directly under his or her supervision. GAGB will facilitate the review process, collate the results and provide a mechanism for anonymous online conversations between the manager and employees who completed the review,
  3. A Manager’s request for an online review will attract the fees stipulated in clause [X] below.
Manager Response
  1. A Manager may receive an online survey completed by an employee under his or her direct supervision and request that GAGB facilitate reviews from other relevant employees.
  2. To enable further reviews to be conducted, a Manager must provide GAGB with valid email addresses for a minimum of eight employees directly under his or her supervision. GAGB will facilitate the review process, collate the results and provide a mechanism for anonymous online conversation between the manager and employees who completed the review.
Contractual Obligations
  1. We recognise that Managers’ have contractual obligations to their employer and in using our site, you warrant that you have reviewed your employment terms and your use of our site could not result in a breach of those contractual obligations.
Use of Reviews
  1. At the Manager’s discretion, he or she can elect to:
    1. 10.1. have a review posted as a link to his or her resume, with access limited to those who are given a username and/or appropriate code;
    2. 10.2. have a review published on the www.getagreatboss.com website, with access limited to those who are given a username and/or appropriate code; and
    3. 10.3. have a review linked to a job vacancy advertised by an online career portal, a recruiting company or by the Human Resource Department of the manager’s employer.
  2. Access to a manager’s review is governed by clause [XX] herein.
  3. GAGB provides a mechanism for facilitating a manager’s review and shall not be held liable for any usage of the system that is not Acceptable Usage, as defined in clause [XX] below, including but not limited to material that is untruthful, harassing, discriminatory, bullying, threatening, obscene, vexatious, malicious, defamatory or libelous.
GAGB Fees
  1. A Manager will become liable to pay to GAGB the following fees:
    1. 13.1. a once-off fee if the Manager requests that GAGB facilitate an online review of their management style;
    2. 13.2. a once-off fee if, after an employee under his or her direct supervision completes an online survey, the employee requests that GAGB facilitate reviews from other employees under his or her supervision; or
    3. 13.3. A monthly fee if he or she requests that GAGB establish an active online link to his or her reviews.
  2. Fees payable by a Manager to GAGB will be as published on www.getagreatboss.com and GAGB reserves the right to amend the fees without notice.
  3. All fees due and payable by the Manager must be received by GAGB before it will process a request.
  4. We reserve the right to remove any active online link of a managers review should GAGB not collect the associated monthly fee.
  5. where pay?
  6. how pay?
Confidentiality
  1. We acknowledge that the ability to conduct reviews anonymously is a crucial feature of the site and where we have indicated that information will be confidential or kept anonymous, we will make our best efforts to do so.
  2. You agree that in all your dealings with the site, including but not limited to private online conversations with employees, you will take all reasonable steps to preserve the identity of any employee who has conducted a review or online survey.
  3. To assist our efforts to ensure your anonymity, we have put a number of safeguards in place, such as the adoption of a username and the use of a unique 6-letter code to enable viewing of the results of a Manager’s review. You acknowledge that you must also take steps to preserve your anonymity. For example, in choosing your username, you should not adopt “JSmith” if your name is John Smith.
Claims Against Managers
  1. You will indemnify us, keep us indemnified and hold us harmless from any claim or demand from any third party, by reason of any information posted on our site, including but not limited to all claims, actions, proceedings, losses, liabilities, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us.

Part B: Employees

Employees
  1. An employee is deemed to be any person who is directly supervised by a Manager and shares a common employer with that Manager.
Good Faith
  1. Your use of the site indicates your willingness to appraise a Manager in good faith and to use the Service in the manner outlined in the Acceptable Use clause herein.
Contact Details
  1. To prevent fraudulent reviews or surveys, the email address that you provide to us must be end with the same suffix as your Manager’s email address, e.g employee@dell.com and manager@dell.com.
Commission Payments
  1. In the event that you complete an online survey about your Manager and he or she requests that GAGB facilitate further appraisals, GAGB will pay a commission to you.
  2. To receive a commission payment you must provide GAGB with the details of a valid bank account (….how?).
  3. Any such commission will become due and payable within 30 days of GAGB’s receipt of the fees paid by a Manager to facilitate further reviews.
  4. Commissions payable by GAGB to an employee will be as published on www.getagreatboss.com and GAGB reserves the right to amend the quantum of commission payments without notice.
Confidentiality
  1. You acknowledge that confidentiality is an important feature of the Services and you agree to make your best efforts to ensure confidentiality at all times, including but not limited to completing the Manager’s review or online survey, accessing any results thereof, accessing a confidential webpage or participating in an online conversation with a manager or job applicant.
No Liability for Disclosure
  1. While GAGB will at all times endeavour to preserve the confidential nature of your identity and the information posted, we have no liability for disclosing information should we be compelled to do so by reason of an order from an industrial tribunal, court or any other forum that could make orders for discovery or the production of records.
Contractual Obligations
  1. We recognise that employees’ have contractual obligations to their employer and in using our site, you warrant that you have reviewed your employment terms and your use of our site could not result in a breach of those contractual obligations
Claims Against Employees
  1. You will indemnify us, keep us indemnified and hold us harmless from any claim or demand from any third party, by reason of any information posted on our site or made available by us, including but not limited to all claims, actions, proceedings, losses, liabilities, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach or non-observance of these Terms of Use.

Part C: Job Applicants

  1. A job applicant includes any person seeking or applying for employment with an organisation displaying a job vacancy on our site on a recruiter’s website or on an online job portal.
Good Faith
  1. Your use of our site indicates your willingness to use the Services in good faith and in the manner outlined in the Acceptable Use clause herein.
Confidentiality
  1. You acknowledge that confidentiality is an important feature of the Services and you agree to make your best efforts to ensure confidentiality at all times, including but not limited to accessing a confidential webpage or participating in an online conversation with an employee who has completed an appraisal of their Manager or who has completed the online survey.
Contractual Obligations
  1. We recognise that job applicants may have contractual obligations to an existing employer and in using our site, you warrant that you have reviewed your employment terms and your use of our site could not result in a breach of those contractual obligations
Claims Against Employees
  1. You will indemnify us, keep us indemnified and hold us harmless from any claim or demand from any third party, by reason of any information posted on our site or made available by us, including but not limited to all claims, actions, proceedings, losses, liabilities, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach or non-observance of these Terms of Use.

Part D: Recruiters and Online Career Portals

  1. A recruiter is deemed to include any organisation that links job applicants and employers for the purpose of obtaining employment for the job applicant with the employer.
  2. An online career portal means any organisation that uses a website to promote employment opportunities and to register job applicants.
  3. You acknowledge that GAGB facilitates the review process and its limited publication and it has no liability or gives no guarantees regarding the content of a review or the accuracy of that review.
Posting of Reviews with Vacancies
  1. Recruiters and online career portals that register with GAGB may use our site to link a job vacancy with a manager’s review in circumstances where that manager will manage or supervise the successful job applicant.
  2. Recruiters and online career portals must provide valid email addresses for any managers for whom they wish GAGB to facilitate a review. Manager’s have a discretion as to whether they wish to be reviewed and only if they indicate that they wish GAGB to facilitate a review can we provide the review for attaching to a job vacancy.
  3. If a Manager provides his or her consent to attaching a review to a job vacancy, GAGB will establish a unique webpage and forward the URL to enable recruiters and online career portals to link the review to the online job vacancy. We will also post the job vacancy onto our site with a link to the relevant recruiter or online job portal.
Commission Payments
  1. In the event that you refer a Manager who requests that GAGB facilitate reviews, GAGB will pay a commission to you.
  2. To receive a commission payment, you must provide GAGB with the details of a valid bank account (...how?).
  3. Any such commission will become due and payable within 30 days of GAGB’s receipt of the fees paid by a Manager to facilitate reviews.
  4. Commissions payable by GAGB to a recruiter or online career portal will be as published on www.getagreatboss.com and GAGB reserves the right to amend the quantum of commission payments without notice.
Confidentiality
  1. You acknowledge that confidentiality is an important feature of the Services and you agree to make your best efforts to ensure confidentiality at all times that it is sought.
Claims Against Recruiters and Online Career Portals
  1. You will indemnify us, keep us indemnified and hold us harmless from any claim or demand from any third party, by reason of any information posted on our site or made available by us, including but not limited to all claims, actions, proceedings, losses, liabilities, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach or non-observance of these Terms of Use.

Part E: Human Resource Departments

  1. Human Resource Departments (“HRD”) that register with GAGB may use our site to link a job vacancy with a manager’s review in circumstances where that manager will manage or supervise the successful job applicant.
  2. You acknowledge that GAGB facilitates the review process and its limited publication and it has no liability or gives no guarantees regarding the content of a review or the accuracy of that review.
  3. You acknowledge that the Manager has the complete discretion as to whether a review is attached to a job vacancy.
  4. If a Manager provides his or her consent to attaching a review to a job vacancy, GAGB will establish a unique webpage and forward the URL to you to link the review with your advertised job vacancy.
GAGB Fees
  1. You will become liable for fees payable to GAGB in the event that you use our system to post reviews of a manager to a job vacancy within your organisation.
  2. Fees payable by a HRD to GAGB will be as published on www.getagreatboss.com and GAGB reserves the right to amend the fees without notice.
  3. All fees due and payable by the HRD must be received by GAGB before it will process a request.
Confidentiality
  1. You acknowledge that confidentiality is an important feature of the Services and you agree to make your best efforts to ensure confidentiality at all times that it is sought.
Claims Against Recruiters and Online Career Portals
  1. You will indemnify us, keep us indemnified and hold us harmless from any claim or demand from any third party, by reason of any information posted on our site or made available by us, including but not limited to all claims, actions, proceedings, losses, liabilities, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach or non-observance of these Terms of Use.

Part F: All Users

Acceptance of Terms
  1. Your use of the site indicates your acceptance to be bound by these Terms of Use, including GAGB’s Privacy Policy.
  2. In the event that you do not agree to these Terms of Use, please discontinue using the site.
  3. This site is provided by GAGB on an ‘as is’ basis and we make no representations or warranties of any kind, express or implied, to the operation of this site or the information, content, materials, services or products included on this site.
  4. GAGB reserves the right to alter or amend these Terms of Use from time to time and any alterations or amendments herein will be deemed to take effect once they are published on the site. Your continued use of the site confirms your acceptance of any altered or amended terms.
Acceptable Usage
  1. You agree that you will not submit or contribute to our site any information that constitutes any of the following:
    1. 64.1. any material that, if posted onto the site, would amount to an illegal act;
    2. 64.2. material that, if posted onto the site, could amount to a breach of your employment contract or any other legally binding agreement;
    3. 64.3. material that is harassing, discriminatory, hate speech (or designed to incite hatred or violence) bullying, racist, pornographic or sexually explicit in nature;
    4. 64.4. material that is threatening, obscene, vexatious, malicious, defamatory or libelous; and
    5. 64.5 material that, if posted onto the site, amounts to a breach or infringement of copyright, trademark or privacy laws.
  2. In the event that we become aware of material that could be deemed to fall within the excluded material list in clause [XX] above, we reserve the right to remove the offending material from the site.
  3. You agree not to infect the site in any way with any computer programming (such as a virus or other computer program) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify us for any damage caused by any such act attributable to you.
  4. In an effort to prevent unacceptable usage of our site, it contains a link to ‘report abuse’ under the main grievance content. We reserve the right to take any action that we reasonably deem fit as a result of an abuse of the site or a breach of these Terms of Use.
  5. Unacceptable usage of our site is deemed to include, but it is not limited to, the copying, pasting or posting of any information contained or that become known by the use of our site on to any other website, forum, blog or any other form of public media, other than as prescribed by the terms herein.
Privacy
  1. We will deal with your personal details in accordance with the terms of our Privacy Policy.
Intellectual Property Rights & Copyright
  1. GAGB retains all copyright in all content and material, including logos and other graphics which form part of the website.
  2. We grant you permission to view, electronically copy and print in hard copy versions of the site for the sole purpose of browsing the site and for your personal use of the Services we offer. Any other use of materials on the site without the prior consent of GAGB and the lawful trademark and or copyright owner is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights, trademark or copyright.
No Order for Discovery
  1. Your use of this site indicates your acceptance to refrain from applying for or compelling GAGB to produce any records made as a result of the use of the Services, whether they be electronic records or otherwise, in any claim, action or proceeding in an internal company enquiry, industrial tribunal, court or any other forum that could make orders for discovery or the production of records.
Disclaimers & Indemnities
  1. GAGB disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information or the Services.
  2. Save as expressly set out in these Terms of Use, we shall under no circumstances whatsoever be liable to you, including but not limited to, as a result of or in connection with our negligence acts or omissions or those of our employees or agents, for any direct or indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the Services or any other person, arising from your participation in the Services including the delivery, non-delivery, incorrect, erroneous or late delivery of the Services.
  3. You will indemnify us and keep us indemnified from and against any loss or damage suffered or liability incurred, including but not limited to, any claim or demand from any third party by reason of any act or omission on your part or that of a co-worker, agent or representative acting on your behalf in connection with Services provided by the site.
General Terms
  1. If any provision of these Terms of Use is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining terms.
  2. These Terms of Use, including the Privacy Policy, together with any relevant terms and conditions, constitute the whole agreement between you and GAGB in relation to the matters covered.
  3. Any claim you may seek to raise arising from your use of the site or the Services provided shall lapse and be waived by you unless it has been instituted within 12 months of the date on which the claim arises.
  4. Headings are included in these Terms of Use for convenience only and shall not affect the construction or interpretation of this document.
  5. The agreement arising from these Terms of Use, including the Privacy Policy and any applicable any other the terms and conditions, shall be governed by the laws of the Republic of South Africa.
Refund Policy
  1. If for any reason you are unhappy with any element of our service, we will investigate every complaint and will endeavour to resolve any issues as quickly as possible.
  2. If you would like a refund in respect of monies paid for a Manager Review, then GetAGreatBoss.com undertakes to refund the amount in full, provided that login details have not yet been provided in order to view the results. Requests for refunds must be submitted in writing via our email address support@getagreatboss.com or info@getagreatboss.com.