Terms of Service

The Site allows user-licensees (any person registered with the Site) to access, online, a variety of specialized computer tools, including a mobile application for the management of seniors' residences and/or intermediate resources.

1. DEFINITIONS

In this Agreement, the following words and expressions, when appearing in this Agreement or in any documentation subordinate thereto, shall mean and be construed in accordance with the following definitions:

1.1 "Access Code" means the user code provided by Gestion Barrette.

1.2 "Agreement" means this Agreement, including the preamble, any documentation subordinate thereto, and any amendments thereto that may be made in the future.

1.3 "Data" means all information, including personal information, belonging to the User-Licensee that the User-Licensee has entered on the Site.

1.4 "Term" means the term selected in Article 5 hereof. 

1.5 "Force Majeure" means any cause beyond the control of the Parties hereto, which they could not reasonably have foreseen and against which they were unable to protect themselves. Force majeure includes, but is not limited to, any act of God, strike, partial or complete work stoppage, lock-out, fire, riot, network failure, computer hacking, pandemic, any other computer event beyond the control of the Parties, intervention by civil or military authorities, compliance with regulations or orders of any governmental authorities and acts of war (declared or undeclared).

1.6 "Gestion Barrette" means GESTION BARRETTE INC, a legally constituted legal entity and owner of the Site;

1.7 "Building" refers to the seniors' residence and/or intermediate housing resource registered with respect to a User-licensee.

1.8 "Module(s)" refers to each of the programs dedicated to a specific function included on the Site that You may choose to use under the terms of this Agreement.

1.9 "Parties" means You, the Licensed User and Gestion Barrette for the purposes of this Agreement.

1.10 "Intellectual Property" means, without limitation, all right, title and interest in and to intellectual property, including any derivative right, moral right and personal right, in any work, invention, trademark, industrial design, integrated circuit topography, confidential information or trade secret, as the case may be, any certificate or application for registration, assignment or recognition of ownership or interest in any of the intellectual property rights covered hereby.

1.11 "User-Licensee" means as You either as manager and/or owner or co-owner of the Property, registered on this Site.

1.12 "Services" means the services indicated in section 4.2 hereof. 

1.13 "Site" refers to the "Fabrilia.ca" Internet site and application designed and developed by Gestion Barrette and includes all hyperlinked Web pages, including programming, all files, source codes, scripts, tables, spreadsheets, computer tools, Modules, documentation, information and forms constituting the Site, including the graphics, visual appearance, intellectual and structural organization of the Site and the "look and feel" elements of the Site.

1.14 "You" means as a User-licensee either as a manager and/or owner or co-owner of the Building, registered on this Site.

2. IMPORTANT NOTICE

This agreement governs your use of the Site and constitutes a binding contract between Gestion Barrette and you, the User-Licensee. Please read the following carefully and make sure you understand this Agreement, as it contains terms and conditions that you must agree to BEFORE accessing and using the Site. Gestion Barrette agrees to provide you with access to the Site only on the condition that you have the legal capacity to do so and agree to all of the terms and conditions of this Agreement, including any subsequent modifications posted on the Site in the future.

By accessing and using the Site, you agree to be bound by the terms and conditions contained in this Agreement. This Agreement is IMPORTANT and contains several rules that affect your rights and obligations. THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT MAY BE SUBSEQUENTLY MODIFIED, in which case you will be notified by repeated posting on the Site and by e-mail. By checking the "I Accept" box at the end of this Agreement, you agree to be personally bound by all of the Terms, including any subsequent modifications that may be made from time to time at Gestion Barrette's discretion and posted on the Site in the future. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AS THEY MAY BE AMENDED FROM TIME TO TIME HEREUNDER, DO NOT ACCESS THE SITE.

This Agreement may be printed or downloaded to your computer.

3. Operation of the Site

Gestion Barrette provides all User-licensees who have accepted the terms and conditions of this Agreement with access to their online account or mobile application and to a variety of computer tools specialized in the management of seniors' residences and/or intermediate resources. The Site and its various software tools may be modified from time to time by Gestion Barrette. Unless expressly indicated otherwise, all new elements added to the Site are subject to the present agreement. Your eligibility to use the Site is subject to various factors, such as your acceptance of the terms and conditions contained in this Agreement, your right to access the Internet (World Wide Web), your registration with the Site and the final approval of your User-licensee account by Gestion Barrette. To open a User-Licensee account, you must complete the registration form for Managers of Residences for the Elderly and/or Intermediate Housing Resources, which is available at the following address: https://inscription.fabrilia.ca/. Registration fees and license fees are payable by the manager and/or owner at the time of registration. 

4. PURPOSE

4.1 LICENSE

4.1. 1 Subject to the terms, conditions and other provisions of this Agreement and for a specified period, Gestion Barrette hereby grants You a personal, revocable license including, a non-transferable, limited and non-exclusive right to access your User-licensee account and to use, via the Internet or mobile application, the Site, namely the right to use the various Modules made available to You, the right to download, save, record on USB key or other medium the Data and to make a single digital copy of the pages containing the Data under the following conditions: (1) the document must bear a reference to its source, such as "document produced thanks to Fabrilia. ca", (2) that the copyright notice appear at all times on each and every copy used, such as "© 2016-2024 Fabrilia.ca" and finally (3) that no modification be made to the visual presentation of the Data;

4.1.2 No other use is permitted. Without limiting the generality of the foregoing, You may not do any of the following, nor permit anyone else to do so:

4.1.2.1 include, copy or incorporate all or part of the Site in any other site or derivative work;

4.1.2.2 reproduce, copy, sell, rent or sub-license all or part of this Site or your right to access it;

4.1.2.3 create a hyperlink to the Site or any page of the Site, without the written consent of Gestion Barrette;

4.1.2.4 use the Site to engage in illegal activities, including defaming, harassing, threatening or otherwise violating the rights of any person;

4.1.2.5 transmit material containing computer viruses or other programs that may limit, alter, destroy or interrupt the operation of any computer program or the Site.

4.2 SERVICES.

Gestion Barrette undertakes to provide You with maintenance services, updating of the Site and technical support available from Monday to Friday from 8H00 to 18H00, in the event that You encounter technical difficulties in accessing the Site or the services included in this Agreement.

5. DURATION

This Agreement is valid for the duration chosen by the manager and/or owner of the Building at the time of registration or any renewal following which the fees have been duly paid.

6. COMPENSATION

6.1 COST OF LICENSE. The cost of this license, which also includes the cost of the Services, is charged on a monthly or annual basis according to the number of apartment units in the Building. Gestion Barrette makes every effort to post and keep up to date current rates on the Site. These rates are subject to change at any time without notice. The applicable rate is the one in effect on the Site at the time of your registration.

6.2 TERMS AND CONDITIONS. The cost of the license provided for in paragraph 6.1 must be paid by You or the User-licensee to Gestion Barrette by credit card at the time of registration on the Site. Payment must be made for the entire Term of registration. 

6.3 SUSPENSION OF SERVICES FOR NON-PAYMENT. If You refuse or neglect to pay Gestion Barrette the sums payable to it by virtue of the present Agreement, the latter shall have the right to refuse You access to the Site and/or suspend the execution of the Services concerned, without further notice or delay and this, subject to any other right that Gestion Barrette may have by virtue of the present Agreement.

7. COMMITMENTS OF GESTION BARRETTE

7.1 ACCESS. Gestion Barrette undertakes to make the Site accessible seven days a week (7/7) and twenty-four hours a day (24/24), with the exception of maintenance periods due to breakdowns, updates to the Site or an event of Force Majeure. 

7.2 LIMITATION. Gestion Barrette cannot be held responsible for fluctuations in throughput, nor for variations in response time to your requests due to your Internet connection.

7.3 SITE MAINTENANCE. Gestion Barrette reserves the right to inform You of any exceptional interruption of the Site and Services, due to maintenance, updating, repair or improvement of the Site, within five (5) days prior to such interruption, if applicable.

7.4 BEST PRACTICES. Gestion Barrette undertakes to render the Services in a professional and efficient manner, in accordance with generally accepted industry standards.

7.5 RESPECT. Insofar as possible, Gestion Barrette undertakes to respect any right, title and interest in Intellectual Property belonging to any third party, so that the Site does not infringe any right, title and interest in Intellectual Property belonging to a third party.

7.6 CONFIDENTIALITY AND NON-DISCLOSURE. Except as required by law or as Gestion Barrette may deem necessary to comply with legal process or respond to a claim that the Licensed User Content violates the rights of a third party, Gestion Barrette will, to the extent possible, maintain and preserve the confidential nature of your Data and will not disclose the Data compiled in its database to your Licensed User account without your prior consent.

8. REPRESENTATIONS AND WARRANTIES

8.1 TITLE. Gestion Barrette represents and warrants that (1) it is the sole owner of all intellectual property rights, titles and interests in and to the Site; (2) there are no legal, judicial or contractual impediments to the granting of licenses to use the Site in accordance with the terms hereof; and (3) it is responsible for the operation of the Site. 

8.2 ORIGINALITY. Gestion Barrette represents and warrants that the Site is an original work that does not infringe any copyright or other intellectual property right of any third party.

8.3 CONFIDENTIALITY AND INTEGRITY. All Data collected by Gestion Barrette through this Site is subject to Gestion Barrette's Privacy Policy. For more information on this subject, please consult Gestion Barrette's privacy policy by clicking on this link.

8.4 SAFEGUARDS. Gestion Barrette represents and warrants that a backup of the Data will be made every day (3h00). You remain entirely responsible for the timely backup of your Data each time it is entered on the Site.

8.5 ACCOUNTING REQUIREMENTS. Gestion Barrette represents and warrants that the Modules allowing various calculations meet the requirements of generally accepted accounting principles in Quebec. However, the results of these calculations depend exclusively on the input of Data by You.

8.6 LIMITATION OF WARRANTY. Except as otherwise provided in this Agreement, Gestion Barrette makes no express or implied warranties to You as to:

8.6.1 the expectation of the purposes for which this license is granted;

8.6.2 the benefits, financial or otherwise, real or apprehended, positive or otherwise, resulting or that may result from the use of the Site;

8.6.3 the Data registered in the Account of a User-licensee, to any information contained in the links, hyperlinks or references included in this Site. These links, hyperlinks and references are provided for convenience only. Gestion Barrette does not endorse any opinion or content of such sites;

8.6.4 accessibility, Data entered by You or any Licensed User, timeliness, performance and availability of the Site, deletion, failure of backup, loss of password or access code, as well as any other difficulties of a computer nature arising due to Force Majeure, error, fault or negligence of You or the Licensed User.

8.7 LIMITATION OF LIABILITY. Except in the case of gross negligence on its part, Gestion Barrette may not be held liable to You for any damages, direct or indirect, that may result from the use of the Site, and You hold Gestion Barrette harmless from any claim, including any warranty claim, with respect to :

8.7.1 The quality, truthfulness or accuracy of the Data that You enter on this Site or that entered in the Account of a User-licensee;

8.7.2 modifications made to the Site by a person other than Gestion Barrette or under its control;

8.7.3 modifications or additions You make to Your hardware, software or computer equipment that affect the operation of the Site or Your connection to the Site;

8.7.4 the introduction of a computer virus into your computer equipment;

8.7.5 the loss of business opportunities or revenues related to the operation or non-operation, or use or non-use, of the Site;

8.7.6 loss of Data not saved on the Site.

8.8 DAMAGES, LOSSES. Except as otherwise provided in this Agreement, in no event shall Gestion Barrette (including, if applicable, its subsidiaries, directors, shareholders, officers, employees, collaborators and subcontractors) be liable to You or any third party for any indirect, incidental, special, punitive or exemplary damages, incidental, special, punitive or exemplary damages, including but not limited to lost profits or other economic loss (whether arising from contract, tort or negligence) even if Gestion Barrette has been advised of the possibility of such damages. In the event that Gestion Barrette is nevertheless held liable for any damages, Gestion Barrette's total liability shall in no event exceed the value of the royalties paid by You in the current year. You hereby expressly release Gestion Barrette from any liability beyond this limit.

9. REPRESENTATIONS OF THE USER-LICENSEE

9.1 READING. You represent and warrant that, prior to your registration on the Site, You have carefully read these terms and conditions and that there are no legal, judicial or contractual impediments to the acceptance and performance of these terms and conditions.

9.2 BASIC KNOWLEDGE. You declare and acknowledge that you have a basic knowledge of Internet functionalities, limitations, performance and possibilities offered by the Internet.

9.3 REGISTRATION. You declare and acknowledge that you have provided Gestion Barrette with accurate, up-to-date and complete information at the time of your registration on the Site. You are entirely responsible for the information thus transmitted. Gestion Barrette reserves the right to suspend or terminate this Agreement or to deny You access to the Site if You have transmitted false, inaccurate or incomplete information or information that Gestion Barrette could reasonably believe to be false, inaccurate or incomplete.

9.4 EQUIPMENT. You represent and warrant that You have in Your possession all equipment necessary for You to access the Internet and the Site. 

9.5 DISCLOSURE. You represent and warrant that you have not omitted to disclose any material fact or information concerning your legal or financial position that would affect your ability to honor your obligations under this Agreement or to satisfy Gestion Barrette.

10. USER'S OBLIGATIONS

10.1 PROPER USE. You agree to use the Site as a prudent and diligent person, in compliance with the rules described herein. You agree not to use the Site in any manner that could damage, disable, overburden or impair the Site, Gestion Barrette's server or any network connection or interfere with any other user's use and enjoyment of the Site.

10.2 PURPOSES. You agree to abide by the terms of this license and not to use the Site for any purpose prohibited by the terms and conditions of this Agreement or for any illegal purpose.

10.3 PIRACY. You agree not to attempt, through hacking, reverse engineering or any other means, to gain unauthorized access to the Site's programming or source code, to any Module or portion of the Site for which You do not hold a license, to any other user account, or to Gestion Barrette's system or database.

10.4 INTELLECTUAL PROPERTY. You acknowledge that all Intellectual Property related to the Site belongs to Gestion Barrette. You agree not to challenge Gestion Barrette's Intellectual Property relating to the Site. Except as expressly provided in this Agreement, the rights granted in paragraph 4.1 do not include the right to copy, use, modify, distribute, transmit, reproduce, publish, create a derivative work from, sell, make available to others or transfer all or any part of the Site, without the written permission of Gestion Barrette.

10.5 NON-COMPETITION. For a period of twelve (12) months following the coming into force of this Agreement and for the entire territory of Canada, You agree not to design or develop, directly or indirectly, any site, software or derivative product that is identical, similar or performs the same operations as the Site that is the subject of this Agreement. 

10.6 SECURITY. You agree to choose a password and Gestion Barrette will assign You the Access Code as soon as your registration to the Site is completed. You agree to keep your Access Code secure and confidential. You declare that you are entirely responsible for any use made of your account, your password or your Access Code. To this end, You agree to properly exit your account at the end of each use of the Site, and to keep your password confidential. In this regard, you release Gestion Barrette from all liability. Finally, You agree to notify Gestion Barrette of any breach of security of which You may become aware.

11. SPECIAL PROVISIONS

11.1 RELATIONSHIP BETWEEN THE PARTIES. The Parties hereby acknowledge that they are acting as independent contractors and that nothing in this Agreement shall be construed to alter their status or to constitute a partnership, corporation or agency of any kind between the Parties.

11.2 FORCE MAJEURE. Neither Party hereto shall be in default in the performance of its obligations hereunder if such performance is delayed, withheld or prevented as a result of Force Majeure. 

11.3 NON-TRANSFERABILITY. You may not assign or transfer any of the rights, duties or obligations hereunder without the prior written consent of Gestion Barrette. Any assignment or other form of transfer of the rights, duties and obligations set forth herein, in contravention of the foregoing provisions, shall be null and void and shall not be enforceable against Gestion Barrette.

12. TERMINATION

12.1 WITH THIRTY (30) DAYS' NOTICE. Either Party may, at any time, by written notice to that effect to the other Party, terminate this Agreement, within thirty (30) days following the sending of the aforementioned notice. In this case, following a written request from you to this effect, Gestion Barrette will reimburse You the royalties paid for the remaining months of your registration, with the exception of three (3) months which Gestion Barrette will retain as management fees. 

12.2 INACTIVITY OF USER-LICENSEE ACCOUNT. In the event that your User-licensee account remains inactive for a consecutive period of six (6) months and that it is not linked to any manager and/or owner, the present Agreement will terminate after Gestion Barrette has sent You thirty (30) days' notice to this effect. In this case, Gestion Barrette will not refund any royalties.

12.3 WITHOUT NOTICE. Subject to any other rights that Gestion Barrette may have, this Agreement shall terminate immediately, without any refund of royalties, in the event of any of the events mentioned below, during the term of this Agreement:

12.3.1 if You breach or fail to perform, observe or comply with any of the covenants, terms or conditions of this Agreement and do not remedy such breach or failure within fifteen (15) days of written notice from Gestion Barrette specifying the nature of the breach or failure;

12.3.2 if You use the Site for fraudulent, criminal or otherwise illegal purposes;

12.3.3 if You attempt to assign Your rights and obligations under this Agreement without the prior consent of Gestion Barrette.

12.4 CONSEQUENCES

12.4.1 Upon termination of this Agreement:

12.4.1.1 You must immediately cease using the Site; You may retain a digital copy, CSV copy, PDF copy or hard copy (printable report) of the Data entered into the Site;

12.4.1.2 Any amount due to Gestion Barrette becomes immediately payable, if applicable;

12.4.1.3 Gestion Barrette may terminate your access to the Site.

12.4.2 After six (6) months from the termination of this Agreement, Gestion Barrette undertakes to destroy all Data compiled in its database on your account as a User-Licensee.

12.4.3 In the event of termination of the present Agreement, the undertakings relating to confidentiality and Intellectual Property shall survive, as shall the provisions relating to the limitation of Gestion Barrette's warranty and liability.

13. GENERAL PROVISIONS

Unless otherwise expressly provided in this Agreement, the following provisions shall apply:

13.1 ILLEGALITY. The illegality or invalidity of any section, subsection or provision (or portion thereof) shall not affect in any way the legality of any other section, subsection or provision of this Agreement, nor the remainder of such section, subsection or provision, unless a contrary intention is evident from the text.

13.2 NOTICE. Any notice to a party shall be deemed to have been validly given if it is in writing and is sent by registered or certified mail or by courier to such party at the address indicated on the Site or in your contact information entered at the time of registration or at any other address that the party concerned may make known to the other party by e-mail. A copy of any notice sent by e-mail may also be sent by any of the above delivery methods. 

Notices will be delivered as follows:

To the Licensee-User and to You: according to the contact information on your account;

To Gestion Barrette: 1390, rue du Vallon, Beloeil (QC) J3G 3Y3 or at soutien@gestionbarrette.com.

13.3 SECURITIES. The titles used in this Agreement are for reference and convenience only. They in no way affect the meaning or scope of the provisions they designate.

13.4 NON-WAIVER. No failure, neglect or delay by any party to exercise any right or remedy under this Agreement shall be construed as a waiver of such right or remedy.

13.5 CUMULATIVE AND NON-ALTERNATIVE RIGHTS: All rights mentioned in this Agreement are cumulative and non-alternative. The waiver of any right shall not be construed as a waiver of any other right.

13.6 ENTIRE AGREEMENT. This Agreement constitutes the entire and entire agreement between the Parties. No statement, representation, promise or condition not contained in this Agreement may or shall be admitted to contradict, modify or affect in any way the terms hereof.

13.7 AMENDMENT OF AGREEMENT. This Agreement may be amended by Gestion Barrette from time to time. In the event of a modification to the present Agreement, Gestion Barrette will send You a notice of modification by e-mail and will make it appear on the login page of your User-Licensee account on the Site. You must accept by clicking on the "I accept" button

"button in order to access the Site.

13.8 GENDER AND NUMBER. All words and terms used in this Agreement shall be construed to include the masculine and feminine, singular and plural, according to the context or meaning of this Agreement.

13.9 APPLICABLE LAWS. This Agreement shall be governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein. The Parties agree to elect domicile in the judicial district of Montreal, Province of Quebec, and select it as the appropriate district for the hearing of any claim or question arising from access to or use of the Site and with respect to any question concerning this Agreement.

13.10 SCOPE OF AGREEMENT. This Agreement shall be binding upon the Parties and their respective successors and assigns.

13.11 LAPSE OF TIME. If a Party is required to perform an obligation under this Agreement within a specified time, the mere passage of time shall constitute such Party in default.

13.12 CONTACT. If You have any questions regarding this Agreement, the Site or the Services offered by this Site, please contact Gestion Barrette at info@Fabrilia.ca or by telephone at 450-262-6288.

14. EFFECTIVE DATE

This Agreement comes into force on the day Gestion Barrette creates your user account following your registration.