Nero

Terms of Service

1. About the Services

Welcome to Brighton HR Service ('Website'). The Website provides access to the Brighton HR Service, including but not limited to GPS-based attendance tracking, AI rostering, and approval management systems ('Services').

The Website and Services are operated by Brighton AI Holdings Pty Ltd (ACN 692 023 135). These Terms govern the rights, obligations, and responsibilities between the Company and Users.

2. Definitions

  • Services: all platforms provided by Brighton HR.
  • User: any employee invited by an Employer.
  • Administrator (Admin): person authorised by Employer with administrative rights.
  • AI Rostering: functionality using AI algorithms for work schedules.
  • Location Data: geographical location data collected through GPS, Wi-Fi, etc.

3. Notice on Location-Based Services and Information Collection

  1. Purpose of location tracking: GPS data is collected solely for verifying clock-in/out times.
  2. Time of Collection: location data is only collected at the moment of pressing the Check-in/Check-out buttons and is not tracked off-duty.
  3. User Obligations: Users must not manipulate or falsify location data (GPS spoofing).
  4. Deemed Consent: by agreeing to these Terms, the User gives explicit consent for location data collection.

4. AI Rostering and Work Schedules

  1. Draft only: AI-generated rosters are proposals and are not legally binding.
  2. Manager's Review Obligation: it is the manager's responsibility to ensure compliance with the National Employment Standards (NES), Modern Awards, and Enterprise Bargaining Agreements (EBAs).
  3. Disclaimer: the Company is not liable for employment disputes arising from inadequate roster review.

5. AI Chatbot and Nature of Information

  1. General Information Only: the AI chatbot provides general information for user convenience.
  2. Non-professional advice: information provided by the chatbot does not constitute legal or tax advice.
  3. Possibility of errors: large language models (LLMs) may generate inaccurate information (hallucinations). Users should verify important information independently.

6. Data Retention and Privacy Protection

  1. Data Retention: employment records are retained for a minimum of 7 years per the Fair Work Act.
  2. Collection of Personal Information: the Company collects personal information including name, email, phone number, and bank details.
  3. TFN: future payroll features will comply with the ATO Tax File Number (TFN) Rule.
  4. Data Sovereignty: all data is stored on Google Cloud Platform.
  5. Data Integrity: GPS inaccuracies may cause missing or incomplete records.

7. General Disclaimer

Nothing in these Terms limits any guarantees implied by the Australian Consumer Law. The Services are provided "as is" and "as available".

The Company is not liable for any special, indirect, or consequential loss arising from the use of the Services.

8. Force Majeure

If the Company is affected by a Force Majeure event, its obligations under these Terms are suspended for the duration of the event. The Company must remedy the situation with reasonable diligence.

If the Force Majeure event extends beyond 20 business days, the Company may terminate the affected Services.

9. Payroll and ERP Integration - Future Application

Payroll is calculated based on attendance data entered by the User.

The Employer has full legal responsibility for wages, tax, and superannuation.

10. Choice of Law

These Terms are governed by the Laws of Queensland, Australia.