*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: 17th July 2023
Table of contents
BrightHR (and related Services) is provided and operated by Peninsula Employment Services Limited ("PENINSULA") in Canada.
You may not interfere with the security of, or otherwise abuse BrightHR, any of its related Services or any websites, system resources, services or networks connected to or accessible through BrightHR. You may only use BrightHR (or any of its related Services) for lawful purposes.
“Delegated Users” are not a party to this agreement but are provided with access with the User’s consent. Such access can only be provided to enhance the performance of the Services and reasonable enjoyment of the User for the purpose of lawful, legitimate use of the software and the facilitation of the Services. From 1st March 2024, Users will be able to permit access to Delegated Users outside of Peninsula’s group. Peninsula can withdraw access to any Delegated Users at any time should the use of delegation not align with the purpose of the agreement.
License to use BrightHR and the Services
You shall only use BrightHR for internal business management and HR purposes, and shall input only your own organization's employee information (such as first name, last name, start date and job title) in order to assist you in managing that information. You may allow your organization's employees, or Delegated Users to input their own information into BrightHR.
The User cannot transfer its rights under these Term of Use, including the license to use BrightHR (or any of the Services) to any other person or organisation.
You shall not:
introduce any viruses or harmful technology to BrightHR;
try to gain unauthorised access to BrightHR or any underlying technology;
try to affect the availability of BrightHR 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 BrightHR in any way, or provide BrightHR to others. The User can provide delegated access to Peninsula group companies, or as they deem as necessary from July 17, 2023. The User is responsible, without limitation, for the actions of the authorised users and will use all endeavours to ensure those with authorised access comply with the terms and conditions. The User will indemnify Peninsula against any and all claims, or loss, arising from access by a Delegated User, with the exception of when it’s delegated to a Peninsula Group employee;
use BrightHR to develop its own similar or competing software or service (such as by using or copying all or any part of BrightHR's 'graphical user interface', 'operating logic' or 'database structure'); or
make any use of BrightHR which damages or is likely to damage Peninsula's business or reputation, the availability or integrity of BrightHR, or which causes or threatens to cause Peninsula to incur any legal, tax or regulatory liability.
You are responsible for controlling access to your own organization's BrightHR account. You shall not allow anyone else to use your sign-in information and you should also change your password(s) at regular intervals. You agree to notify Peninsula immediately of any unauthorized use, theft or misappropriation of your account, username, or password.
Peninsula 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 may temporarily suspend access to BrightHR for maintenance, repairs or other reasons. Peninsula 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 your use of BrightHR. Without limiting the foregoing, you shall ensure that the content of any information that you (or your employees) input into BrightHR does not, and will not:
result in any injury, damage or harm to Peninsula 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).
The User acknowledges that although Peninsula belongs to a group of companies whose core business is the offering of professional HR advice, BrightHR is not a substitute for seeking any employment law advice.
The User may purchase or subscribe to third party complimentary services that integrate or work with BrightHR ("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, or the third party, for those Additional Services. If the User utilises Additional Services, the User may permit access, via delegation, to individuals for the purpose of lawful, legitimate use of the Services and software.
Peninsula is not responsible for the Additional Services, including, without limitation, any issues that may arise with the Additional Services or their integration with BrightHR and Peninsula will not be liable for any such issues.
Peninsula may withdraw access to any Additional Services made available via BrightHR at any time and without notifying you.
There is no obligation to subscribe and pay for BrightHR once the free-trial period comes to an end. At that point, if no subscription has been set up to purchase a license to BrightHR, then your access rights will cease.
Use of BrightHR
You are solely responsible for obtaining and maintaining your internet and network connections and any associated connectivity problems are your own responsibility.
Peninsula will take reasonable steps to make sure that BrightHR is free from viruses but we cannot guarantee this. Peninsula recommends that you operate your own virus-protection software as we 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 cannot guarantee that BrightHR will be compatible with your web browser or computer set-up or that your access to BrightHR will be uninterrupted or error free (as this may, on occasion, be beyond our control).
Support of BrightHR
Peninsula aims to provide you with 24-hour support 7 days a week through the self-help tools available within BrightHR (although there may be times where Peninsula is unable to do so for reasons outside its control).
Peninsula will also provide support by email or telephone between the hours of 9:00 AM and 5:30 PM ET Monday to Friday. In the event that Peninsula is required to access your system to provide such support, you duly authorises such access.
Peninsula reserves the right to change how it provides support to you (and if any applicable charges will become payable) by posting a notification on BrightHR or emailing you with details of the changes. Peninsula will aim to give you as much advance notice as possible of these changes.
Peninsula 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 BrightHR has been installed.
Customer Data & Privacy
Although Peninsula 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 cannot guarantee that such information will not be lost, corrupted or damaged.
enable, manage and administer your use of BrightHR;
perform the Services and/or fulfil Peninsula's contractual obligations hereunder;
liaise with regulators, banks, law enforcement agencies (including the police) when Peninsula 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 you, based on your use of BrightHR.
Peninsula may disclose Customer Data to other companies in the Peninsula group of companies, its contractors, and other organisations including, without limitation:
- organizations which Peninsula uses to help it send communications;
- organizations Peninsula uses to help it provide BrightHR or the Services or otherwise perform its obligations hereunder; or
- 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 data. You warrant and represent that:
- you have and will comply with all applicable privacy legislation when processing personal information in BrightHR or the Services;
- you are duly authorized to process personal information in BrightHR or the Services, having provided all notices and obtained all consents as required by all applicable privacy legislation.
- comply with all privacy legislation applicable to Peninsula whilst your personal information is in its control;
- (having regard to the state of technological development and the cost of implementing any measures) take appropriate technical and organisational measures to safeguard such information; and
- take reasonable steps to ensure the reliability of its employees who have access to any personal information.
Intellectual Property Rights
Peninsula (or its licensors) owns the rights to BrightHR and any related logos or images. By allowing you to use BrightHR, Peninsula does not give you ownership of any of those rights, logos or images.
You undertake not to use Peninsula or BrightHR's name or brand in any promotion or marketing or announcement without Peninsula's prior written consent.
Feel free to email your comments, suggestions and feedback (collectively, "Feedback") to Peninsula at the e-mail addresses provided in BrightHR. 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:
- Peninsula has no obligation concerning such Feedback;
- Feedback is non-confidential;
- Peninsula 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
- the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others.
BrightHR 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 does not represent or warrant that BrightHR or its related Services will meet user requirements; that their use will be uninterrupted or error free; that you will obtain any particular outputs or benefits from BrightHR, or that Peninsula will be able to correct or remedy any or all problems, errors or defects within BrightHR. You cannot rely on any statement or representation made by any party prior to the registration of you as a User of BrightHR.
VaccTrak 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.
Bright Exchange is a platform available to customers in order to advertise their services, offer discounts or benefits to other BrightHR users. The content of an advert remains the responsibility of the User and must be compliant with any relevant legislation. BrightHR will not assess compliance or approve any advert that is not compliant with relevant legislation, is damaging to other BrightHR customers or could cause offence.
Limit of Liability
Peninsula will not be responsible or liable, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, and restitution or otherwise for any of the following (even if Peninsula knew or should have known there was a possibility you could suffer or incur such loss or damage), howsoever caused:
- indirect, special, consequential, punitive or similar damages;
- loss of profits;
- loss of business or revenue;
- depletion of goodwill or similar losses;
- loss of use or loss of or damage to data/information inputted by you (or your employees) into or generated by BrightHR;
- any interruption to your business;
- damage to information, or
Neither party shall be liable for any default arising due to an 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 may, at its sole discretion, offer you a grace period during the defaulted payment period and has the right to suspend BrightHR (including all Services) at the end of this period if payment has not been received by us. BrightHR will notify you of any payment related default.
- require the party in breach, by notice in writing, to rectify the breach within thirty (30) days of the date of service of such notice; and
The exercise of either party of their rights under this Termination Clause shall not prejudice any of their rights or obligations accrued prior to termination, and the provisions referred to in this Termination Clause as continuing obligations shall apply.
BrightHR is controlled, operated and administered by Peninsula from within the Province of Ontario, Canada. BrightHR 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 BrightHR, you acknowledge and agree that all matters relating to access to or use of BrightHR 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.
Introduction of the Delegation Feature
17th July 2023
Customers Affected: All
- Updated to include Delegated Users
Bright Exchange Launch
29th April 2022
Customers Affected: Bright Exchange users
Changes: Main Terms, Disclaimer
- Add disclaimer for Exchange