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Terms & Conditions

Overview

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT LEGAL INFORMATION THAT AFFECTS YOUR RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES PROVIDED BY MANGOHR. BY ACCESSING OR USING OUR WEBSITE, PLATFORM, OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES. MANGOHR RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME IN ORDER TO MAINTAIN COMPLIANCE WITH THE LAW AND TO REFLECT ANY CHANGES TO THE WAY WE OPERATE OUR SITE AND THE WAY WE EXPECT USERS TO BEHAVE ON OUR SITE. WE WILL NOTIFY USERS BY EMAIL OF CHANGES TO THESE TERMS AND CONDITIONS OR POST A NOTICE ON OUR SITE. IF YOU REPRESENT A COMPANY OR OTHER ENTITY, YOU WARRANT THAT YOU ARE AUTHORIZED TO BIND THAT ENTITY TO THESE TERMS AND THAT THE ENTITY AGREES TO BE BOUND BY THESE TERMS.

These terms and conditions (the "Terms and Conditions") govern the use of www.mangohr.ca (the "Site"), an E-Commerce website owned and operated by mangoHR (“MangoHR”, “mangohr” / “we” / “us” / “Our”)

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Service Description

MangoHR offers a comprehensive online human resources management system (the "Platform") designed to streamline HR tasks, such as, but not limited to:

  1. Employee Management
  2. Onboarding and offboarding
  3. Recruiting
  4. Policy management
  5. Attendance + Scheduling
  6. Training
  7. Asset Management

Account Registration

To use our services, you must create an account ("Account") by providing an email address at sign-up, and verifying your identity through the email chain and passwordless login (and in certain instances creating a password). You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

Security

We are committed to ensuring the security of your personal information and maintaining the integrity of our HR software platform. We employ a variety of industry-standard security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. MangoHR implements reasonable security measures to protect user data but cannot guarantee absolute security. Data transmission over the internet is inherently risky. The following outlines our approach to security:

  1. Data Encryption
    • We use robust encryption protocols (such as TLS/SSL) to protect data transmitted between your device and our servers. Stored data is also encrypted to prevent unauthorized access.
  2. Access Controls
    • Access to personal information is restricted to authorized personnel only. We implement role-based access controls to ensure that only individuals with a legitimate business need can access sensitive information.
  3. Authentication and Authorization
    • Our services are offered on a passwordless basis, meaning no passwords are stored. Access to our platform is granted by entering a code that is sent to the email address on file. In the event a password is used, it will be temporary and securely managed.
  4. Regular Security Audits and Assessments
    • We conduct regular security audits and vulnerability assessments to identify and address potential security risks. Our systems are continuously monitored for suspicious activity.
  5. Data Integrity and Backups
    • We maintain data integrity by implementing checks and balances throughout our systems. Regular backups are performed to ensure that data can be restored in the event of a hardware failure or other data loss incident.
  6. Incident Response
    • In the event of a security breach, we have an incident response plan in place to promptly address and mitigate the impact of the breach. Affected individuals will be notified in accordance with applicable laws and regulations.
  7. Training and Awareness
    • Our employees receive regular training on data protection and security best practices to ensure they are aware of their responsibilities and the importance of safeguarding personal information.
  8. Data Location and Storage
    • All data is located and stored within Canada and does not cross other boundaries. For Quebec-based companies, a separate agreement will be created to ensure that data will be stored in Quebec data centres.

Service Subscription

These Terms and Conditions govern the sale of goods available on our Site.

Upon registration, the following goods are available on our Site:

  • Human Resources Software.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

Subscription Fees

Certain services may be available for free, while others require a paid subscription ("Paid Subscription"). Paid Subscriptions are governed by the terms outlined in your order form ("Order Form"). By purchasing a Paid Subscription, you agree to the following payment terms:

Billing

Subscription fees and related charges will be billed on a monthly or yearly basis, as specified in your Order Form. Payments are processed via the credit card provided at registration. Your subscription automatically renews, and you will be automatically billed until we receive notification that you want to cancel the subscription. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

For annual contracts, we require 30 days written notice to cancel your subscription. This will need to take place 30 days prior to your renewal date. If notice is given within the 30 day timeframe, a cancellation fee may occur.

The user assumes responsibility for ensuring that payments are made on time, by checking the billing tabs in your account. For late or failed payments, the user will be notified by email and payment should be paid within 5 business days of the failed date. If payment has not been received you may be subject to 5% interest on the failed amount.

Cancellation and Termination

You may cancel your Paid Subscription at any time. Your access to premium features will continue until the end of your billing cycle. Payments are non-refundable, except where prohibited by law.

To cancel your subscription, please navigate to your subscription details under your settings page within the MangoHR portal. You may also reach out to your customer service representative, but please note the delay in response that may occur with human interaction.

MangoHR may terminate or suspend your access to the Platform at any time, with or without cause. If MangoHR terminates your subscription without cause, you will receive a prorated refund for the remainder of your billing cycle. Upon termination, you must cease all use of the Platform and destroy any related materials. Provisions regarding intellectual property, confidentiality, and liability limitations will survive termination.

Deletion of Data

To access, correct, or delete your personal information, please contact our compliance team at compliance@mangohr.ca. Your request should include the following information:

  • Your full name
  • Contact information (such as email address and phone number)
  • Details of the personal information you are requesting access to or wish to correct

Deleted accounts will have a data retention period of 30 days, after which all data will be removed from our database and cannot be retrieved. Deleted user data, however, will still remain on the platform to comply with employment laws. If you would like to remove user data you can request this following the process above.

Changes to Pricing and Services

MangoHR may adjust service plans and pricing with a 30-day notice. Such changes will apply at the beginning of the next billing cycle.

Data Management

As an account holder, you are responsible for managing your employees' data within the Platform. This includes entering and maintaining accurate information and ensuring compliance with applicable laws, including privacy regulations. User data will be handled in accordance with the MangoHR Privacy Policy, which is incorporated by reference into these terms.

Data License

By submitting user data to the Platform, you grant MangoHR a non-exclusive, royalty-free license to use, store, and process this data to provide the services. You represent that you have the necessary rights and permissions to grant this license.

Eligibility

To use our HR platform, you must meet the following eligibility criteria:

  1. Age Requirement
    • You must be a legal adult in your place of residence.
  2. Specific Provisions for Quebec-Based Companies
    • If you are representing a company based in Quebec, please note that due to specific requirements under Quebec's privacy and data protection laws, including the Act to Modernize Legislative Provisions as Regards the Protection of Personal Information (Law 25), you must contact us directly to create an account. A separate agreement will be drafted and signed by both parties to ensure compliance with Law 25.

By registering for and using our platform, you confirm that you meet these eligibility criteria. If you do not meet these criteria, you must not use our platform. If you are based in Quebec, please reach out to our support team to initiate the account creation process and discuss the terms of the separate agreement.

Usage Restrictions

Users are prohibited, but not limited to, from:

  • Using the Platform for illegal activities or in violation of these terms
  • Sharing access credentials or allowing unauthorized access
  • Modifying, reverse-engineering, or creating derivative works based on the Platform
  • Interfering with the Platform’s operation or security
  • Using the Platform to transmit harmful software or data
  • Harass or mistreat other users of our Site;
  • Violate the rights of other users of our Site;
  • Violate the intellectual property rights of the Site owners or any third party to the Site;
  • Hack into the account of another user of the Site;
  • Act in any way that could be considered fraudulent; or
  • Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Intellectual Property & Confidentiality

All content and services provided by MangoHR, including software, text, images, and trademarks, are the property of MangoHR or its licensors. Users are granted a limited, non-exclusive license to use the Platform for business purposes, which may be revoked at any time.

Any feedback or suggestions provided by users regarding the Platform or services may be used by MangoHR without obligation or compensation.

You agree to maintain the confidentiality of any non-public information disclosed by MangoHR in connection with your use of the services.

Warranty Disclaimer and Liability Limitation

The services are provided "as is" without warranties of any kind, either express or implied. MangoHR disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MangoHR is not liable for any indirect, incidental, or consequential damages arising from the use of the services. Total liability is limited to the amount paid by the user for the services in the 12 months preceding the claim or $50, whichever is greater.

Third-Party Links and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Our Site may contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Indemnification

Except where prohibited by law, by using this Site you indemnify and hold harmless mangoHR and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Service Availability and Updates

MangoHR will use reasonable efforts to ensure the Platform's availability but does not guarantee uninterrupted service. Periodic maintenance and updates may be required, which could affect service availability.

General Provisions

  • Governing Law: These terms are governed by the laws of the Province of British Columbia, without regard to conflict of law principles.
  • Relationship: These terms do not create any partnership, joint venture, or employment relationship.
  • Amendments: Any changes to these terms must be in writing and agreed upon by both parties.
  • Severability: If any part of these terms is found to be invalid, the remaining provisions will remain in effect.
  • Assignment: You may not assign your rights or obligations under these terms without MangoHR’s consent.
  • Entire Agreement: These terms constitute the entire agreement between the parties regarding the subject matter.

By using MangoHR's Platform and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

(604) 446-6200

compliance@mangohr.ca

5962 Victoria Street, BC, V0H1X4

You can also contact us through the feedback form available on our Site.