Terms and conditions of use Gesrisk
UPDATE NOVEMBER 18, 2021

EFFECTIVE DATE JUNE 24, 2022

(Take note that translation from French to English of these conditions was carried out using translation software. It is possible that this translation does not transcribe the exact meaning of these conditions from the original French version. Only the version in French Canada will serve as a reference in the context of a possible dispute settlement.)


Gesrisk (“Gesrisk”, “we”, “our”) is an adaptive portal for integrated risk management in health care and social services available online.


Gesrisk is headquartered at 26, rue des Colibris Sainte-Clotilde, Quebec, J0L 1W0, Canada. If you have any questions about these Gesrisk Terms of Service, you can contact us by email by writing to terms-questions @ gesrisk.ca


Gesrisk differentiates users into two categories, depending on the products used:


Free users

These are users who use the free version of Gesrisk. Although free users can access and use the Service, they have access to a more limited set of functionalities and features of the Service than Subscribers.


Subscribers

These are users who use the Service as part of a paid Gesrisk subscription, regardless of the subscription category. The characteristics and functionalities of the Service made available to Subscribers are determined by the category of subscription chosen as well as by the specific conditions agreed between Gesrisk and the organization (for example, your employer or another entity or person, called the " Customer ”) who has entered into a separate agreement governing the delivery, access and use of the Service (the“ Customer Agreement ”).


For the purposes of these Conditions, these two categories of users are considered without distinction under the designation "Users", "you" or "your". Whatever category of user you belong to, these Terms create a legal agreement between you and Gesrisk and explain the rules governing the use of the Service. By accessing or using the Service, you acknowledge and agree to have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these terms, please do not access or use the Service.


We are likely to modify these conditions from time to time. Please check this page periodically to keep you informed of potential updates. We will comply with locally applicable legal obligations to notify you of changes to these Terms. Your continued use of the Service after such an update constitutes acceptance of such changes.

1 - Eligibility and scope

To use the Service, you represent and warrant that you are at least 18 years of age and legally competent to accept these Terms. If Gesrisk has previously prohibited you from accessing or using the Service, you are not authorized to access or use the Service.

2 - Account registration and use

2.1 Account registration and confidentiality

To access the Service, you must create a Gesrisk account by entering a username and password. You agree to provide us with accurate, complete and up-to-date information about your registration. It is your responsibility to ensure that your password is kept confidential and secure. By registering, you agree to be fully responsible for all activities taking place under your username and password. We assume that all communications we receive under your account have been made by you. If you are the billing owner, an administrator or have confirmed in writing that you have the authority to make decisions on behalf of a Client (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Client and accept that Gesrisk is entitled to rely on your instructions.


2.2 Unauthorized use of the account

It is your responsibility to notify us by email at terms-questions@optimumconseil.com if you become aware of any unauthorized use or access to your account. You understand and agree that we may ask you to provide information which can be used to confirm your identity and help us keep your account secure. Gesrisk is not responsible for any loss, damage, liability, expense or attorney's fees to which you may be subject as a result of the use of your password or account by someone else, with or without your knowledge and / or authorization, and whether or not you have informed us of such unauthorized use. You are responsible for losses, damages, liabilities, expenses and attorneys' fees incurred by Gesrisk or a third party as a result of use of your account by another person. In the event that the Account Administrator or the Client loses access to an account or requests information on an account, Gesrisk reserves the right to request, at its discretion, the Account Administrator or the Client for any verification it deems necessary before re-establishing access to or providing information about said account.

3 - Our proprietary rights

The Service and the Commercial Website are the intellectual property of Optimum Conseil and are operated by Optimum Conseil. They contain material (including all software, design, text, editorial material, informational text, photographs, illustrations, audio clips, video clips, illustrations and other graphic material, as well as names, logos, trademarks and service marks) which are derived in whole or in part from the material provided by Gesrisk and its partners, as well as from other sources and are protected by Canadian laws relating to copyright, the provisions of international treaties, trademark law and other intellectual property laws . The Service and the Commercial Websites are also protected as a collective work or compilation work under Canadian and international copyright law and other laws and treaties. You agree to comply with all applicable copyright laws and other applicable disciplines, as well as any additional copyright notices or restrictions contained in the Service and on the Commercial Website. You acknowledge that the Service and the Commercial Website have been developed, compiled, prepared, revised, selected and organized by Optimum Consulting by applying methods and standards of judgment developed and implemented through the investment of time, effort and considerable money, constituting a precious intellectual property for Optimum Conseil. You agree to inform Optimum Conseil immediately if you become aware of a claim that the Service and the Commercial Website have violated any provisions of copyright, trademark law or any other contractual or legal provision or "Common Law". Any unauthorized use of any material, content on or through the Service and the Commercial Website may violate copyright, trademark, privacy and image rights laws. as well as regulations and laws on communication.

4 - User content and feedback

4.1 User content and posting on the Service

The Service allows you to report adverse events and to upload related information, text, files and other documents (collectively, “User Content”) and to share this User Content with others. User Content posted or made accessible on the Service is subject to the following conditions:


4.1.1 Free User Content

Free Users retain ownership of the User Content they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant Gesrisk a license to access, use, copy, reproduce, process, adapt, publish, transmit and display such Free User Content, as permitted by Gesrisk's Privacy Policy, including where the law or good faith requires it to comply with legal proceedings. We reserve the discretionary right to remove any Free User Content on the Service that violates these Terms or is otherwise objectionable.


4.1.2 Content of the Subscribed User

The content posted on the Service by Subscribers (“Subscribed User Content”) is owned and controlled by the Customer as indicated in the introduction to these Terms. Gesrisk retains a limited, non-exclusive and non-transferable license (except in connection with the sale or transfer of its business) to access, use, copy, reproduce, process, adapt, publish, transmit, host and display the Subscribed User Content. for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) prevent or resolve technical or security issues and resolve support requests; (iii) investigate where we believe in good faith, or have received a complaint alleging that the Subscribed User Content is in violation of a Customer Agreement or these Terms; (iv) comply with any subpoena or other legal request that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines; (v) as otherwise set out in our Customer Agreement or expressly authorized by the Customer.


4.2 Feedback on Gesrisk and the Commercial Website

The Service and the Commercial Website may have certain features which allow you to submit comments, information and other materials (collectively, “Feedback”) to Gesrisk and to share such Feedback with others. users, or with the public. By submitting Feedback through the Service or the commercial Website, you grant Gesrisk a license to access, use, copy, reproduce, process, adapt, publish, transmit, host and display that Feedback. for any purpose (including in testimonials or other Gesrisk marketing materials and where required by law or good faith to comply with legal process). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

5 - Licence and acceptable use

5.1 Your license

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access and use the Service and the Commercial Website solely for your own internal use (or, for Subscribers, uses authorized by the Customer), and only in a manner that complies with all legal requirements applicable to you or your use of the Service and the Commercial Website, including the Privacy Policy of Gesrisk and these Conditions. Gesrisk may revoke this license at any time at its sole discretion.


5.2. Intended use

All Users must comply with the following rules regarding the proper use of the Service and the Commercial Website.


5.2.1 Disruption of the Service

You do not have the right to:

- access, tamper with or use non-public areas of the Service and the Commercial Website, Gesrisk's computer systems, or the technical delivery systems of Gesrisk's suppliers;

- probe, analyze or test the vulnerability of a system or a network, or violate or bypass any security or authentication measure;

- access or carry out research on the Service and the Commercial Website by any means other than the public interfaces of Gesrisk (for example, by the use of extraction or "scraping" techniques);

- attempting to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable demands on our resources (for example, using computer "bots" or other automated systems to send requests to our servers at a rate greater than that which could be sent by a human user during the same period); or hinder or disrupt the access of any user, host or network, in particular but not limited to sending a virus, using "overloading" or "flooding" techniques, sending unwanted e-mails, using e-mail bombardment techniques of the Service and the Commercial Website, or by creating scripts for the creation of user content in such a way as to interfere with or create an undue burden on the Service and the Commercial Website.


5.2.2 Misuse of the Service and the Commercial Website

You do not have the right to use the Service and the Commercial Website to perform, promote or support:

- any illegal or fraudulent activity;

- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner which is misleading or intended to mislead, confuse or deceive others ;

- defamatory, slanderous or threatening activities or which constitute hate speech or resulting in harassment

- the publication or display of personal or private information of other persons without their express authorization and permission;

- sending unsolicited communications, promotional advertisements or spam emails;

- posting of malicious content intended to damage or disrupt another user's browser or computer, or the establishment of links to such content; or promoting, advertising products or services other than your own without proper authorization.


5.2.3 Standards for User Content within the Service and the Commercial Website

You do not have the right to post User Content on the Service or the commercial Website that:

- infringes any applicable law, any intellectual property right of a third party, or the right of any person to the protection of the private life or the image;

- is misleading, fraudulent, illegal, obscene, pornographic (including child pornography, which, when known, will be removed and reported to law enforcement), defamatory, slanderous or threatening, which constitutes hate speech or holding on to harassment;

- contains personal information about minors;

- contains sensitive personal information, such as financial information, payment card numbers, social security numbers or health-related information without Gesrisk's prior written consent granted under a Customer Agreement;

- contains viruses, computer "bots", computer worms or other similar harmful material; or contains information that you do not have the right to share under any law, contractual or fiduciary duty.


5.2.4 Violations of this Section 5

In addition to any other remedies available to us, Gesrisk reserves the right to take any corrective action it deems necessary, including the immediate suspension or termination of your account or your access to the Service or the Commercial Website. , upon prior notification and without liability to Gesrisk if you fail to comply with the rules of this Section 5 or if, in our sole discretion, this action is necessary to avoid any disruption of the Service or the Commercial Website for other users. If you are a Subscriber, Gesrisk reserves the right to notify the Account Administrator or other representatives of the Client of any violation of these conditions.

6 - Privacy

For more information on how we collect, use and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

7 - Limitation of liability

If we breach these Terms, we will only be liable for any loss or damage you suffer which is the foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not predictable. Loss or damage is foreseeable if it is an obvious consequence of our failure or if it is an instruction which has been accepted. Please also note that we are providing the Service and the Commercial Website for your internal use only. We have no liability to you for any loss of profit, loss of business, interruption of business or loss of opportunity that arises from your use of the Service and the Commercial Website or from your placing your trust in them. . We do not exclude or limit in any way our liability to you where any limitation of liability would be unreasonable. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, liability for fraud or misrepresentation and for violation of your rights in connection with the Service and the Site. Commercial web.


The information presented on or through the Service and the Commercial Website is made available to you for general information purposes only. We do not confirm the accuracy, completeness or usefulness of this information. Any reliance on such information is, therefore, strictly at your own risk.

8 - Viruses

You understand that we cannot and do not warrant that files available for download from the Internet or our Service or the Commercial Website will be free of viruses or other malware. It is your responsibility to implement sufficient control procedures to meet your specific requirements in terms of antivirus protection and precision of input and output data, and to maintain a means external to the Service and to the Commercial Website for any possible restoration. of data lost.

9 - Third-party links and service and website

The Service and the Commercial Website may provide (1) information and content provided by third parties; (2) links to websites or resources of third parties, such as sellers of goods and services; and (3) third party products and services sold directly to you. Asana is not responsible for the availability of such external sites or resources, and assumes no responsibility for (i) any content, advertising, products or other material available on such sites or resources, (ii) any errors or omissions in such sites or resources, or (iii) any information management or other business practices of the operators of such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of any linked site or resource. Your interactions with these third-party services and sites will be governed by their own terms of use and privacy policy, as well as any other similar terms.

10 - Modification

Gesrisk reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service and the Commercial Website (or any part thereof), with or without notice. You agree that we are not responsible to you or any other person for any modification, suspension or interruption of the Service and the Commercial Website.

11 - Applicable law

Please note that these Terms, and their subject matter and form, are governed by the laws of Canada. However, if you are a consumer and a resident of any other European country, you will be protected by any mandatory provisions that you may invoke under the laws of those countries. If you are a consumer and a resident of any Asia-Pacific Economic Cooperation (APAC) country or the United Arab Emirates, you may be eligible for protection from any mandatory provisions that you may avail yourself of under the laws of those countries. Nothing in these Terms affects your right as a consumer to invoke these local rights and mandatory provisions.


You can contact Gesrisk by email at the following address plainte@optimumconseil.com if you have any complaints or disputes regarding the Service. You and Gesrisk must do everything possible to resolve any dispute, claim, question or disagreement through consultation and good faith negotiation. These dispute resolution formalities are a prerequisite for any legal action or any other form of complaint by a party. If we are unable to agree to a solution within 30 days of the time the Informal Dispute Resolution is implemented, and to the extent permitted by applicable law, all disputes, disputes, requests, Claims or actions between you and Gesrisk relating to or resulting from the Services will be subject to the exclusive jurisdiction of the courts of Canada. However, if you are a resident of another European country, an Asia-Pacific Economic Cooperation (APAC) country or the United Arab Emirates, you can also initiate proceedings in that country.

12 - General terms

12.1. No waiver

If we fail to insist that you comply with your obligations under these Terms, or if we do not enforce our rights, or if we delay in doing so, this does not mean that we have waived those rights and that you are not required to meet your obligations. Any waiver of any action against a breach or violation on your part will be made only in writing and will in no way constitute an automatic waiver of any action taken in sanction of a future breach on your part.


12.2. Divisibility

Each of the clauses of these Terms operates separately. If a court or a competent authority sanctions one of the clauses for illegality or unenforceability, the other clauses will remain in full force.


12.3. Various

The section titles of these Terms are provided for information only and have no legal effect.


12.4 Notifications

We may send you notification by email, on the Service and the Commercial Website, or by any other method we choose. Such notification will take effect at the time of dispatch. If you wish to notify us, this notification will take effect upon receipt and you must use the following physical or electronic address: (1) Optimum Conseil - Gesrisk 26 rue des Colibris, Sainte-Clotilde QC J0L 1W0, Canada; or (2) terms-questions@optimumconseil.com. However, if you are a resident of another European country, an Asia-Pacific Economic Cooperation (APAC) country or the United Arab Emirates, you can also initiate proceedings in that country.

13 - Questions

If you have any questions about these Terms, please contact us at terms-questions@optimumconseil.com.