CGU - YesWeLab.

General Conditions of Use - YesWeLab Customers

The YES WE LAB Platform is published by the company YES WE LAB and allows industrial companies in the agri-food sector to search for analysis laboratories, to benefit from consulting services from the company YES WE LAB and to digitalize the contractualization process between the company and the chosen laboratory.

1. Preliminary provisions

1.1

These general terms and conditions of use (the " GCU ") apply in their entirety and constitute the essential and determining conditions for any use of the YES WE LAB Platform (hereinafter the " YES WE LAB Platform ") accessible at the URL www.yeswelab.fr by any company (hereinafter the "Client") in order to benefit from the services provided by YES WE LAB (such as the comparative analysis of the services offered by the laboratories) (hereinafter the " Services ") and to order analysis services (hereinafter the " Services ") from public or private analysis laboratories (hereinafter the " Laboratory ").

1.2

Use of the YES WE LAB Platform implies unreserved acceptance of the T&Cs which prevail over all conditions and stipulations of the Client, even communicated after the T&Cs, not expressly accepted in writing by YES WE LAB.

1.3

If any clause of the T&Cs is found to be null or void, for any reason whatsoever, the other clauses of the T&Cs will continue to apply and the parties undertake to negotiate in good faith to replace or modify the cancelled clause. The fact that YES WE LAB does not avail itself at a given time of any clause of the T&Cs cannot be interpreted as a waiver of the right to subsequently avail itself of the T&Cs or of said clause.

1.4

The applicable T&Cs are those in effect at the time the Client creates the account on the Platform. YES WE LAB reserves the right to modify the T&Cs at any time. Any new version of the T&Cs will automatically replace the previous version and will apply to any new order for Services. YES WE LAB reserves the right to make any changes to the Platform, without the Client being able to claim any right to compensation.

2. Use of the platform by the customer

2.1

To use the Platform, the Client must create an account on the Platform and provide information relating to their structure (SIRET, contact details, etc.) and the account administrator.

2.2

To finalize the account creation, the Customer chooses a password of at least 8 alphanumeric characters. Upon registration on the Platform, the Customer receives an email confirming the creation of their account.

2.3

In order to benefit from the Services of YES WE LAB, the Client must carry out a search for Services on the Platform and complete the questionnaire dedicated to expressing their needs for Services on the Platform.

2.4

Depending on the needs indicated by the Client on the Platform, YES WE LAB will request the offer of Services (hereinafter the “ Offer ”) from at least three (3) Laboratories referenced on the Platform.

2.5

Based on this Service of comparative analysis of Offers by YES WE LAB made available to the Client on the Platform, the Client may indicate to YES WE LAB whether he wishes to order a Service from one of the laboratories concerned by the analysis.

2.6

In the event that the Client selects a Laboratory's Offer, YES WE LAB communicates to the Client the Laboratory's price offer for the Service chosen by the Client for signature on the Platform and payment by the Client.

2.7

Upon signature of the Laboratory Offer by the Client, the Laboratory is informed of the Client's request for Services and initiates the relevant analysis within the timeframe agreed with the Client. The Laboratory then submits the results of the analysis carried out on the Platform under the conditions set out in the Offer.

3. Termination of the right to use the platform

3.1

YES WE LAB may terminate, at any time, the Client's right to use the Platform in the event of non-compliance with the T&Cs by the Client.

3.2

In the event of termination of the right to use the Platform granted to the Client:

all rights and obligations of the parties shall be extinguished automatically. The provisions of Articles 5 to 9 shall survive;
the Client undertakes to pay YES WE LAB any sum that remains owed to it and to execute any contracts in progress with Laboratories;
The Client is informed that the YES WE LAB Platform will no longer be accessible to him.

Generally speaking, the exercise of this right of termination does not exempt the parties from fulfilling the obligations contracted up to the effective date of the termination.

4. Obligations of responsibilities of YES WE LAB and the client

4.1 Obligations and responsibilities of YES WE LAB

YES WE LAB is only bound by an obligation of means in the execution of the services offered on the YES WE LAB Platform. YES WE LAB undertakes to make its best efforts to secure access to and use of the Platform and is free to choose the most appropriate form and technical means to make all the functionalities of the YES WE LAB Platform available to the Client. The YES WE LAB Platform will be accessible 24 hours a day, 7 days a week.

By way of exception, the YES WE LAB Platform may be temporarily unavailable during corrective or evolutionary maintenance operations necessary for the proper functioning of the YES WE LAB Platform and in the event of the occurrence of an event beyond the control of YES WE LAB. Maintenance operations will take place at the discretion of YES WE LAB, YES WE LAB will nevertheless endeavor to notify the Client. In the event of a technical failure affecting the operation of the YES WE LAB Platform, YES WE LAB undertakes to make its best efforts to restore the operation of the YES WE LAB Platform as soon as possible. YES WE LAB cannot be held responsible for the non-performance of any of its obligations towards the Laboratory in the event of force majeure, including in particular any event such as hacking of the YES WE LAB Platform, interruption or breakdown of the telecommunications systems of YES WE LAB service providers, in particular hosts (fire, flood, etc.).

YES WE LAB cannot be held responsible for external intrusions, the presence of computer viruses in the Client's computer system, the possible consequences of a total or partial alteration of the operation of the YES WE LAB Platform resulting from improper use of the YES WE LAB Platform, or the non-functioning or slowness of the Client's telecommunications network. YES WE LAB's liability is excluded for any defect or non-performance not resulting from its actions, in particular in the event of non-performance of its obligations by the Client.

In particular, YES WE LAB cannot be held responsible for the data entered or imported by the Client into the YES WE LAB Platform or for the access rights granted by the Client to users. YES WE LAB is in no way bound by the performance of the Services provided by the Laboratories to the Client and cannot be held responsible in any way whatsoever for the Services. The Client guarantees YES WE LAB against any conviction or transaction (civil, administrative or criminal) which would be pronounced against it in the context of legal actions having as cause or object any actions relating to the data entered or imported by the Client into the YES WE LAB Platform (texts, images, etc.), including in particular the lawyer's and expert fees and the costs and losses which could result for YES WE LAB. In any event, the liability of YES WE LAB excludes in particular any indirect, consequential or immaterial damage, and including in particular any lost profit, loss, commercial damage, loss of turnover, loss of customers, loss of opportunity, and is, in any event, limited to the amount paid by the Client during the current contractual year.

4.2 Obligations and responsibilities of the customer

The Client undertakes to respect the commitments made to the Laboratories. The Client guarantees YES WE LAB in the event of a claim or conviction pronounced against it due to the failure by the Client to fulfill its obligations and more particularly in the event of non-performance or non-compliant performance of the contract between the Client and the Laboratory or in the event of a claim from a Laboratory or a third party concerning the data entered by the Client on the Platform or concerning the use by the Client of the analyses carried out by a Laboratory on behalf of the Client. Use of the YES WE LAB Platform requires having a compatible computer, tablet or smartphone with a regularly updated operating system. The Client is solely responsible for regularly updating the operating system of its computer equipment and YES WE LAB cannot be held responsible in the event of difficulties in accessing the YES WE LAB Platform. Unless proven otherwise by the Client, any connection to the Platform will be deemed to have been made by the Client. Any loss, theft, misappropriation or unauthorized use of his email address or password and their consequences will be the sole responsibility of the Client.

5. Personal data

The parties undertake to process personal data in accordance with the regulations applicable to the protection of personal data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, which entered into force on 25 May 2018 (the "GDPR"). They undertake to comply with all the obligations incumbent upon them respectively in their capacity as data controllers. For the purposes of concluding, managing and executing the Subscription and monitoring the contractual relationship, each party processes the personal data of its contacts, whether natural persons, employees or directors of the other party (hereinafter the "Contacts"). The processing of personal data (such as surnames, first names, contact email addresses) of these Contacts is necessary for each party to perform the Services.

Each party undertakes to inform the other party of any updates relating to the personal data of its relevant Interlocutors. Each party is responsible for informing its Interlocutors of the processing of their personal data by the other party.

The Contacts of each party have the right to access, rectify, transfer and erase their data, as well as the right to object and the right to limit the processing of data concerning them. They may send their request, along with a copy of their identity document, to the other party's data protection officer or representative, as indicated below:

The contact details of the data protection officer at YES WE LAB are as follows: contact@yeswelab.fr.

Data subjects have the right to lodge a complaint regarding the processing of their personal data by YES WE LAB with the CNIL (National Commission for Information Technology and Civil Liberties) https://www.cnil.fr.

Any person whose personal data is collected may define general or specific guidelines relating to the retention, deletion and communication of their personal data after their death.

6. Commercial reference

YES WE LAB is expressly authorized to use the Client's name or any other distinctive sign belonging to it as a commercial reference, in particular in commercial presentations, intended for prospects or customers, in press releases indicating commercial references, on its website, on its company pages on social networks or in the context of the publication of testimonials.

7. Intellectual Property

Subject to full compliance with these T&Cs, YES WE LAB grants the Client a personal, non-exclusive, non-transferable, non-assignable and revocable right to use the YES WE LAB Platform for the purpose of user access to the YES WE LAB Platform, worldwide and for the duration of use of the Platform by the Client. The T&Cs and the contractual relations between the parties do not confer on the Client and users any title or ownership rights over the YES WE LAB Platform.

The Client is prohibited from copying, reverse engineering, modifying, in particular by decompiling, altering, adapting, in particular by translating, arranging and more generally modifying all or part of the YES WE LAB Platform and its constituent elements (tree structure, database, etc.). It may also not reproduce permanently or temporarily in whole or in part, by any means and in any form the YES WE LAB Platform.

In the absence of prior, express and written agreement from YES WE LAB, the Client is not authorized to:

extract, transfer permanently or temporarily all or a qualitatively or quantitatively substantial part of the content of the YES WE LAB Platform and/or the YES WE LAB database to any other medium whatsoever, by any means or in any form whatsoever, regardless of the purpose of the extraction or transfer, except with the prior written consent of YES WE LAB;
reuse, by making available to the public, all or a qualitatively or quantitatively substantial part of the content of the YES WE LAB Platform and/or the YES WE LAB database, whatever the form, means or medium;
reuse, by making available to the public, all or part of the comparative analysis carried out by YES WE LAB within the framework of the Services without expressly mentioning the name of YES WE LAB and the URL of the Platform;
use the YES WE LAB database in an abusive manner and causing harm to YES WE LAB;

The Client is informed that any violation of the preceding provisions may result in the termination of the current Services and, in addition, may be classified as an act of counterfeiting, liable to civil and criminal prosecution.

8. Applicable law and attribution of jurisdiction

The T&Cs and, in general, the commercial relations between the parties are governed by French law. In the absence of a dispute resolution, any dispute relating to the T&Cs, the Services and the relations between YES WE LAB and the Client will be subject to the exclusive jurisdiction of the competent courts of Rennes, including in the event of summary proceedings, injunctions on motion, multiple defendants, incidental claims or third-party claims.

YES WE LAB
SAS with capital of €950 – RCS of Rennes 889 562 203
Head office: 2 rue de la Mabilais – 35000 RENNES