*The T&C's may from time to time change, see clause 1.iv), in which case the terms and conditions on the website prevail.
Version Date: January 30, 2020
Table of contents
BRIGHT HR (AND THE RELATED SERVICES) IS PROVIDED AND OPERATED BY PENINSULA EMPLOYMENT SERVICES LTD IN CANADA ("PROVIDER").
You may not interfere with the security of, or otherwise abuse Bright HR, any of its related Services or any websites, system resources, services or networks connected to or accessible through Bright HR. You may only use Bright HR (or any of its related Services) for lawful purposes.
License to use Bright HR and the Services
You shall only use Bright HR for internal business management and HR purposes, and shall input only its own employee information (such as forename, surname, start date and job title) in order to assist it in managing that information. You may allow its own employees to input their own employee information in Bright HR.
You cannot transfer its rights under these Term of Use, including the license to use Bright HR (or any of the Services) to any other person or organisation.
You shall not:
introduce any viruses or harmful technology to Bright HR;
try to gain unauthorised access to Bright HR or any underlying technology;
try to affect the availability of Bright HR to other registered users (sometimes called 'a denial-of-service attack');
except as expressly permitted herein, give anyone else any right (of any kind) to use or benefit from Bright HR in any way, or provide Bright HR to others;
use Bright HR to develop its own similar or competing software or service (such as by using or copying all or any part of Bright HR's 'graphical user interface', 'operating logic' or 'database structure'); or
make any use of Bright HR which damages or is likely to damage Peninsula Employment Services Ltd's business or reputation, the availability or integrity of Bright HR, or which causes or threatens to cause Peninsula Employment Services Ltd to incur any legal, tax or regulatory liability.
You are responsible for controlling access to its own Bright HR account. You should not allow anyone else to use its sign-in information and you should also change its password(s) at regular intervals. You agree to notify Peninsula Employment Services Ltd immediately on any unauthorized use, theft or misappropriation of your account, username, or password. Peninsula Employment Services Ltd shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
From time to time Peninsula Employment Services Ltd may temporarily suspend access to Bright HR for maintenance, repairs or other reasons. Peninsula Employment Services Ltd will try to do this outside normal business hours and provide you with notice in advance but this might not always be possible.
Compliance with Law and Acceptable Use
You shall comply with all applicable laws in respect of its use of Bright HR. Without limiting the foregoing, you shall ensure that the content of any information that it (or its employees) inputs into Bright HR does not, and will not:
result in any injury, damage or harm to Peninsula Employment Services Ltd or any third party (including, without limitation, defamation, breach of privacy or breach of confidentiality);
contain anything which is unlawful, obscene, indecent or immoral or which promotes or condones any illegal or unlawful activities; and
include any content (for example music or videos) for which it does not hold sufficient rights (such as copyright).
User acknowledges that although Peninsula Employment Services Ltd belongs to a group of companies whose core business is the offering of professional HR advice, Bright HR is not a substitute for seeking any employment law advice.
User may purchase or subscribe to third party complimentary services that integrate or work with Bright HR ("Additional Services"). It is your responsibility to decide whether or not to access and use the Additional Services, and if you choose to do so, it must agree to the separate applicable terms and conditions presented to it by Peninsula Employment Services Ltd, or the third party, for those Additional Services.
Peninsula Employment Services Ltd is not responsible for the Additional Services, including, without limitation, any issues that may arise with the Additional Services or their integration with Bright HR and Peninsula Employment Services Ltd will not be liable for any such issues. Peninsula Employment Services Ltd may withdraw access to any Additional Services made available via Bright HR at any time and without notifying you.
There is no obligation to subscribe and pay for Bright HR once the free-trial period comes to an end. At that point, if no subscription has been set up to purchase a license to Bright HR, then your access rights will cease.
Use of Bright HR
You are solely responsible for obtaining and maintaining your internet and network connections and any associated connectivity problems are your own responsibility.
Peninsula Employment Services Ltd will take reasonable steps to make sure that Bright HR is free from viruses but Peninsula Employment Services Ltd cannot guarantee this. Peninsula Employment Services Ltd recommends that you operate your own virus-protection software as Peninsula Employment Services Ltd cannot be held responsible for any loss or damage caused by any viruses or other harmful technology that may infect your computer systems, data or other material owned by you.
Peninsula Employment Services Ltd cannot guarantee that Bright HR will be compatible with your web browser or computer set-up or that your access to Bright HR will be uninterrupted or error free (as this may on occasions be beyond Peninsula Employment Services Ltd.'s control).
Support of Bright HR
Peninsula Employment Services Ltd aims to provide you with 24-hour support 7 days a week through the self-help tools available within Bright HR (although there may be times where Peninsula Employment Services Ltd is unable to do so for reasons outside its control). Peninsula Employment Services Ltd will also provide support by email or telephone during working hours Monday to Friday between the hours of 9am and 5:30pm ET. In the event that Peninsula Employment Services Ltd is required to access your system to provide such support, you duly authorises such access.
Peninsula Employment Services Ltd reserves the right to change how it provides support to you (and if any applicable charges will become payable) by posting a notification on Bright HR or emailing you with details of the changes. Peninsula Employment Services Ltd will aim to give you as much advance notice as possible of these changes.
Peninsula Employment Services Ltd will not at any time however, provide you with technical support or other assistance for any hardware, third-party software or other equipment issue on which Bright HR has been installed.
Customer Data & Privacy
Although Peninsula Employment Services Ltd uses reasonable and appropriate security measures to protect the Customer Data from loss or damage, you are advised to back up or keep copies of any Customer Data as Peninsula Employment Services Ltd cannot guarantee that such information will not be lost, corrupted or damaged.
enable, manage and administer your use of Bright HR;
perform the Services and/or fulfil Peninsula Employment Services Ltd's contractual obligations hereunder;
liaise with regulators, banks, law enforcement agencies (including the police) when Peninsula Employment Services Ltd determines that it is necessary to do so; and
deliver targeted advertising, marketing (including in-product messaging) or information to you which may be useful to it, based on your use of Bright HR.
Peninsula Employment Services Ltd may disclose Customer Data to other companies in the Peninsula group of companies, its contractors, and other organisations including, without limitation: (i) organizations which Peninsula Employment Services Ltd uses to help it send communications; (ii) organizations Peninsula Employment Services Ltd uses to help it provide Bright HR or the Services or otherwise perform its obligations hereunder; or (iii) law enforcement agencies; or, as otherwise required by law.
You own your Customer Data and have sole responsibility for the legality, reliability, integrity, accuracy and quality of that Customer Data. You warrant and represent that: (i) you have and will comply with all applicable privacy legislation when processing personal information in Bright HR or the Services; (ii) you are duly authorized to process personal information in Bright HR or the Services, having provided all notices and obtained all consents as required by all applicable privacy legislation.
Intellectual Property Rights
Peninsula Employment Services Ltd (or its licensors) owns the rights to Bright HR and any related logos or images. By allowing you to use Bright HR, Peninsula Employment Services Ltd does not give you ownership of any of those rights, logos or images.
You undertake not to use Peninsula Employment Services Ltd or Bright HR's name or brand in any promotion or marketing or announcement without Peninsula Employment Services Ltd's prior written consent.
Feel free to email your comments, suggestions and feedback (collectively, "Feedback") to Peninsula Employment Services Ltd at the e-mail addresses provided in Bright HR. However, the Internet is not a fully secure medium and any Feedback may be lost, intercepted or altered. With respect to any Feedback provided by you to us via e-mail, you agree that: (i) Peninsula Employment Services Ltd has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) Peninsula Employment Services Ltd may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others.
BRIGHT HR AND ITS RELATED SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PENINSULA EMPLOYMENT SERVICES LTD DOES NOT REPRESENT OR WARRANT THAT BRIGHT HR OR ITS RELATED SERVICES WILL MEET USER REQUIREMENTS, THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE; THAT YOU WILL OBTAIN ANY PARTICULAR OUPUTS OR BENEFITS FROM BRIGHT HR, OR THAT PENINSULA EMPLOYMENT SERVICES LTD WILL BE ABLE TO CORRECT OR REMEDY ANY OR ALL PROBLEMS, ERRORS OR DEFECTS WITHIN BRIGHT HR. YOU CANNOT RELY ON ANY STATEMENT OR REPRESENTATION MADE BY ANY PARTY PRIOR TO THE REGISTRATION OF YOU AS A USER OF BRIGHT HR.
VaccTrak Lite is an online tool designed to assist employers facilitate the safe return of their employees to the workplace. It records the vaccination status of employees based on the information they provide to their employer. It does not however warrant or validate whether an employee has been vaccinated, given that it is reliant upon the truthfulness of the employee when submitting evidence of their vaccination to their employer.
Limit of Liability
Neither party shall be liable for any default arising due to act of God, war, terrorism any industrial action including strike and lockout, fire, flood, drought, tempest or other natural disaster, or any other event beyond either party's reasonable control.
Peninsula Employment Services Ltd may, at its sole discretion, offer you a grace period during the defaulted payment period and has the right to suspend Bright HR (including all Services) at the end of this period if payment has not been made. Bright HR will notify you of any payment related default.
The exercise of either party of their rights under this Clause shall not prejudice any of their rights or obligations accrued prior to termination, and the provisions referred to in the Clause relating to Termination for Breach as continuing obligations shall apply.
Bright HR is controlled, operated and administered by Peninsula Employment Services Ltd from within the Province of Ontario, Canada. Bright HR can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing Bright HR, you acknowledge and agree that all matters relating to access to or use of Bright HR shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.
WHERE PERMITTED UNDER THE APPLICABLE LAW, WE EACH AGREE THAT EACH OF US WILL BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH OF US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Where either party is required to notify the other party by email, the party shall be deemed to have received the email on the first business day following transmission.