Terms and Conditions of Use

Updated: May 26th, 2026

These terms and conditions of use (the "Terms") govern the use of the "GPS" platform (the "Software") by Customer establishments (the "Customer") and, together with the quote accepted by the Customer, constitute the contract between Gestion Portail Santé ("GPS") and the Customer.

1. Services provided

   GPS undertakes to provide the Customer with:

   a) Access to the Software in accordance with the terms and conditions set out in the quote;

   b) Technical support as described in the quote;

   c) Secure data hosting;

   d) Software updates.

2. Acceptance: Acceptance of the proposal by the Customer constitutes acceptance of these Terms and Conditions. Users' rights of use are also conditional upon acceptance of the Terms and Conditions. By clicking on the "I Accept" button and subsequently using the Software, the user agrees to be bound by these terms and conditions. GPS reserves the right to revoke rights of use if the Terms and Conditions are not complied with.
3. User and access to the software: Users of the Software must be employees or authorized agents of the Customer who are aged 13 or over. The use of automated processes to create accounts or access services is prohibited. Each user must have an individual account that cannot be shared with others.
4. Administrator: The Customer must designate a representative to act as system administrator. The administrator is responsible for creating and managing user accounts, as well as enforcing access policies in accordance with these Terms.
5. User ID and Password: To access the Software, users must use the user ID and password provided by the administrator. Users may change their password at any time. The combined use of the user ID and password constitutes the user's digital signature, and users must take all necessary measures to keep their user ID and password confidential. If a user has reasonable grounds to believe that a third party has or may have access to their user ID and password, the user must immediately notify GPS at 418-525-3041, ext. 3, or at admin@gestionportailsante.com.
6. User obligations: The user hereby agrees to use the Software in accordance with accepted practices and etiquette. In this regard, and without limitation, the user agrees to:
   • Use the site only for the purposes for which you have obtained access privileges;
   • Enter only accurate and up-to-date information;
   • Keep confidential any personal information to which the user has access through the use of the site;
   • Not impersonate another user;
   • Not compromise or attempt to compromise the system security measures put in place by GPS;
   • Do not intentionally render the system unusable.
7. Financial conditions: The Customer agrees to pay the fees specified in the quote according to the terms and conditions set out therein. All amounts are in Canadian dollars and exclude applicable taxes. GPS reserves the right to change its rates with 30 days' notice. Rate increases may not be less than the Quebec Consumer Price Index (CPI) published by Statistics Canada. No reduction will be applied if the CPI is negative. A $50 fee will be charged for any payment refused due to insufficient funds.
8. Protection of personal information: GPS, as a service provider, implements appropriate technical and organizational measures in accordance with its established internal processes to protect the security and confidentiality of information contained in the Software while complying with applicable legal obligations. The Customer remains fully responsible for all data it deposits on the platform and must comply with all applicable legal provisions. The Customer warrants that it has obtained all necessary consents for processing personal information entrusted to the Software. GPS has implemented a Privacy Policy detailing its practices. The Customer must remain particularly vigilant regarding the management of access rights, computer equipment, and software, as these may affect the security of personal information.
9. Retention and destruction of data: For as long as the subscription to the Software remains in effect, GPS retains the Customer's resident data for a period of five (5) years following the resident's departure. A Customer who wishes to retain the data for a period longer than five (5) years must ensure that the PDF documents are extracted and request the export of the data in PDF format for notes and in Excel or CSV format for other electronic data before the end of the five (5) year period.
10. Privacy incident and investigation: In the event of a privacy incident, GPS will notify the Customer by telephone and email as soon as possible, followed by a detailed written notice within forty-eight (48) hours. The notice will describe the nature of the incident, the information affected, and the corrective measures taken or planned.

    GPS will take all reasonable steps to stop the incident, mitigate its impact, and prevent its recurrence. GPS will cooperate fully with the Customer in any investigation.

    GPS will not inform any third party of a privacy incident without the prior written consent of the Customer, unless GPS is legally required to do so. The parties will collaborate to determine whether it is necessary to provide notice of the privacy incident to any person, government authority, media, or other party, and the content of such notice. The Customer shall make the final decision regarding whether one or more notifications are necessary, whether notification was provided and to whom, the content of the notification, and which party would be the signatory to the notification. The Customer may, at its sole discretion and subject to applicable law, determine whether to notify any law enforcement agency or insurer.

11. Disclaimer: GPS shall in no event be liable for any damages, whether direct or indirect, except in cases of proven gross negligence or wilful misconduct. GPS expressly disclaims any liability for indirect, incidental, or punitive damages resulting from:
    • The use or inability to use the Software;
    • The inaccuracy of the information contained in the Software;
    • The inaccuracy of the information provided by the Customer or user;
    • The conduct of a third party;
    • A security breach caused by an unauthorized third party or unauthorized access, and the resulting disclosure of confidential information;
    • The use of unsecured computer equipment or software.
12. Reservation of rights: GPS reserves the right to suspend without notice the access of any user who violates these Terms and Conditions and/or to delete any content that does not comply with any law or regulation.
13. No warranty: GPS undertakes to provide the Software with a target availability in line with market practices. However, GPS does not guarantee that the Software will be error-free or available without interruption. The content of the Software, including text, graphics, interactive tools, and other components or services, is intended solely to provide information to users. GPS implements reasonable backup measures without guaranteeing the complete absence of data loss.
14. Limitation of Liability: In no event shall GPS's total liability, whether in contract or otherwise, exceed the total amount paid by the Customer to GPS during the twelve (12) months preceding the event giving rise to the liability.

    GPS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, revenue, data, or business opportunities, even if GPS has been advised of the possibility of such damages.

    This limitation does not apply in cases of gross negligence, willful misconduct, breach of confidentiality obligations, or claims related to intellectual property.

15. Force majeure: GPS shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including, without limitation: natural disasters, acts of terrorism, wars, epidemics, Internet network failures, telecommunications infrastructure failures, or government decisions. During such events, GPS may temporarily suspend its services without penalty, while the Customer's payment obligations remain in effect unless legally impossible.

    GPS shall promptly notify the Customer of any force majeure event and shall use its best efforts to restore services. If the event lasts for more than sixty (60) consecutive days, GPS may terminate the contract by giving fifteen (15) days' written notice.

16. Medical Disclaimer: GPS acts solely as a technology platform provider and assumes no responsibility for the medical content, data, or information that the Customer stores, processes, or uses in the Software. The Customer acknowledges and agrees that GPS only provides a computer tool and does not intervene in any way in the content of the data or in the decisions made by the Customer or its users. Any use of the content available in the Software, including any medical or administrative decisions made based on it, is the sole responsibility of the Customer. GPS expressly disclaims any direct or indirect liability for the accuracy, relevance, completeness, or use of the information contained in the Software, as well as any decisions made on the basis of such information, as such responsibilities lie solely and entirely with the Customer and its authorized users.
17. Termination of subscription by the Customer: The Customer may terminate its subscription at any time by giving thirty (30) days' written notice. No refund will be given for the subscription period already commenced. Customers who wish to terminate their subscription to the Software must notify GPS at admin@gestionportailsante.com . GPS will make the change within a reasonable time not exceeding 30 business days and will notify the Customer electronically. If the Customer was entitled to a payment plan for the initial fees, they remain responsible for these fees until they are paid in full.
18. Termination of subscription by GPS: GPS may immediately terminate the contract in the event of a material breach by the Customer that is not corrected within fifteen (15) days of written notice. GPS may immediately suspend access in the event of (i) persistent non-payment after formal notice, (ii) breach of these terms, or (iii) activities that compromise system security.
19. Access to data: Following termination, access to the portal will be revoked and the system administrator may request access to the data for a period of five (5) years following termination of the contract.
20. Trademarks: All logos, trade names, product names, service names, and company names appearing in the Software are trademarks of GPS or its affiliates. Any use of these trademarks is strictly prohibited without the written permission of GPS.
21. Laws of Quebec and Canada: These Terms and Conditions are subject to the laws of Quebec and Canada governing the activities of the parties hereto. Any proceedings relating to these Terms and Conditions shall be brought in the province of Quebec. These Terms and Conditions are binding on the parties, their successors, and their assigns.
22. Modification of these Terms and Conditions: GPS reserves the right to modify these Terms and Conditions at any time by posting a notice of modification on its website. Continued use of the Software will constitute acceptance of these changes. If the Customer refuses these changes, they may terminate their subscription to the Software by contacting customer service at 418-525-3041 ext. 3 or at admin@gestionportailsante.com.
23. Contact information: For any information regarding these Terms and Conditions or the use of the Software, please contact us at 418-525-3041 ext. 3 or at admin@gestionportailsante.com.