Terms and conditions of use

Government of Québec Electronic Proof of Vaccination Portal

1. Purpose and Acceptance
   The purpose of these terms and conditions is to define the conditions of use of the Proof of Vaccination Technology Solution (the "Portal"). These terms and conditions are supplemented by the Québec Government's Privacy Policy regarding the use of your personal data, which you ("the User") expressly accept. Acceptance of these terms and conditions is evidenced by a checkbox on the Portal registration form. This acceptance is deemed to be free, informed and express for the intended purposes of the Portal. The User who does not agree to be bound entirely by these terms and conditions may not use the Portal.
   
   
2. Access to the Portal
   The Portal is accessible, subject to the restrictions provided for by law, to any natural person who has full legal capacity to enter into commitments under these terms and conditions (hereinafter "User"). A natural person who does not have full legal capacity may only access the Portal with the consent of his/her legal representative. The User undertakes to use the Portal personally and not to allow any third party to use it in his/her place or on his/her behalf unless it is his/her legal representative.
   
   
3. User's Obligations
   Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations:
   3.1 The User undertakes, in its use of the Portal, to comply with the laws and regulations in force.
   3.2 The User is informed and accepts that the implementation of the Portal requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she alone is responsible.
   3.3 The User agrees to make strictly personal use of the Portal. Consequently, he/she shall not assign, concede or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever, except for the verification of proof of immunization by a third party requesting it.
   3.4 User shall take the necessary steps to back up the proof of vaccination information by its own means if it wishes to use it subsequently offline.
   3.5 User shall provide information that is accurate, current and not misleading.
   
   
4. User's Warranty
   The User shall indemnify the Government of Québec and its authorized partners against any complaints, claims, actions and/or demands whatsoever that the Government of Québec and its authorized partners may suffer as a result of the User's breach of any of its obligations or guarantees under the present general conditions. The User undertakes to indemnify the Government of Québec and its authorized partners for any prejudice that he or she may suffer and to pay all costs, charges and/or judgments that the Government of Québec may have to bear as a result.
   
   
5. Prohibited behaviors
   5.1 It is strictly prohibited to use the Portal for the following purposes
   • carrying out illegal, fraudulent activities or activities that infringe the rights or safety of third parties,
   • undermining public order or violating laws and regulations in force,
   • intrusion into the computer system of a third party or any activity of nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,
   • aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above,
   • and more generally any practice that diverts the Portal for purposes other than those for which it was designed.
   5.2 The following are also strictly prohibited: (i) any behavior that interrupts, suspends, slows down or prevents the continuity of the Portal, (ii) any intrusions or attempted intrusions into the systems of the Government of Québec, (iii) any misappropriation of the system resources of the site, (iv) any actions that impose a disproportionate load on the infrastructure of the latter, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of the Government of Québec or of Portal users, and more generally (vii) any breach of these general conditions.
   
   
6. Responsibility and warranty of the Government of Québec
   6.1 The Government of Québec undertakes to provide the Portal diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
   6.2 The Government of Québec undertakes to conduct regular checks to verify the operation, security and accessibility of the Portal. In this regard, the Government of Québec reserves the right to temporarily interrupt access to the Portal for maintenance, updating or system changes. Similarly, the Government of Québec shall not be held responsible for temporary difficulties or impossibilities in accessing the site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.
   6.3 The Government of Québec does not guarantee Users that the Portal will be completely free of errors, defects or faults.
   
   
7. Intellectual property
   The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) used by the Government of Québec within the Portal are protected by the appropriate intellectual property rights of its suppliers and authorized partners. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Government of Québec is strictly prohibited and may be subject to legal action.
   
   
8. Duration of the Services
   The Portal is offered to the User for the duration required to obtain the proof of vaccination copy. No other services are offered in connection with the Portal.
   
   
9. Language
   In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.
   
   
10. Applicable law and jurisdiction
    These terms and conditions are governed by Québec and Canadian law.
    
    
11. Coming into force and updates
    The Government of Québec reserves the right to modify these terms and conditions at any time. These terms and conditions are effective as of September 1, 2021.