Terms of Service - YesWeLab.

General Terms of Use - YesWeLab Clients

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, benefit from consulting services from the company YES WE LAB and digitize the contracting process between the company and the chosen laboratory.

1. Preliminary provisions

1.1

These general terms and conditions of use (the “ Terms ”) apply in their entirety and constitute the essential and determining conditions of 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 comparative analysis of services offered by 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 Terms and Conditions which prevail over all conditions and stipulations of the Client, even if communicated after the Terms and Conditions, not expressly accepted in writing by YES WE LAB.

1.3

If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect, and the parties agree to negotiate in good faith to replace or amend the invalid provision. YES WE LAB's failure to enforce any provision of these Terms and Conditions at any time will not be construed as a waiver of its right to enforce these Terms and Conditions or that provision at a later date.

1.4

The applicable Terms and Conditions are those in effect at the time the Client creates their account on the Platform. YES WE LAB reserves the right to modify the Terms and Conditions at any time. Any new version of the Terms and Conditions will automatically supersede the previous version and will apply to all new orders for Services. YES WE LAB reserves the right to make any changes to the Platform, without the Client being entitled to any compensation.

2. Customer use of the platform

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, …) and the account administrator.

2.2

To finalize account creation, the Client chooses a password of at least 8 alphanumeric characters. Upon registration on the Platform, the Client 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 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 solicit the offer of Services (hereinafter the " Offer ") from at least three (3) Laboratories referenced on the Platform.

2.5

Based on this comparative analysis of offers provided by YES WE LAB to the Client on the Platform, the Client can indicate to YES WE LAB whether they wish to order a service from one of the laboratories concerned by the analysis.

2.6

In the event that the Client selects the Offer of a Laboratory, YES WE LAB communicates to the Client the price offer of the Laboratory for the Service chosen by the Client in order to sign on the Platform and pay for it by the Client.

2.7

Upon signature of the Laboratory Offer by the Client, the Laboratory is notified of the Client's request for Services and initiates the relevant analysis within the timeframe agreed upon with the Client. The Laboratory then uploads the results of the analysis to the Platform under the conditions stipulated 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 Terms and Conditions by the Client.

3.2

In the event of termination of the Client's right to use the Platform:

All rights and obligations of the parties shall automatically cease. The provisions of Articles 5 to 9 shall survive;
The Client undertakes to pay YES WE LAB any sum that may remain due to him and to execute any contracts that may be in progress with Laboratories;
The Client is informed that the YES WE LAB Platform will no longer be accessible to them.

In general, exercising this right of termination does not exempt the parties from fulfilling the obligations undertaken up to the effective date of the termination.

4. Obligations and 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 performance 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 upgrade maintenance necessary for its proper functioning, and in the event of an occurrence beyond YES WE LAB's control. Maintenance operations will be carried out at YES WE LAB's discretion; however, YES WE LAB will 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 Platform's operation as quickly as possible. YES WE LAB shall not be held liable for the non-performance of any of its obligations to the Laboratory in the event of force majeure, including but not limited to any event such as hacking of the YES WE LAB Platform, interruption or disruption of telecommunications systems of YES WE LAB's service providers, including hosting providers (fire, flood, etc.).

YES WE LAB shall not be held liable for external intrusions, the presence of computer viruses in the Client's computer system, any consequences of a total or partial disruption of the YES WE LAB Platform's operation resulting from misuse of the YES WE LAB Platform, or any malfunction or slowness of the Client's telecommunications network. YES WE LAB's liability is excluded for any defect or failure to perform not attributable to it, including, in particular, any failure by the Client to fulfill its obligations.

In particular, YES WE LAB cannot be held liable 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 liable in any way whatsoever for the Services. The Client shall indemnify YES WE LAB against any judgment or settlement (civil, administrative, or criminal) that may be rendered against it in the context of legal proceedings arising from or related to any actions concerning the data entered or imported by the Client into the YES WE LAB Platform (texts, images, etc.), including, in particular, legal and expert fees and any costs and losses that may result for YES WE LAB. In any event, YES WE LAB's liability excludes in particular any indirect, consequential or intangible damage, including in particular any lost profits, loss, commercial damage, loss of turnover, loss of customers, loss of opportunity, and is, in any case, limited to the amount paid by the Client during the current contractual year.

4.2 Client's Obligations and Responsibilities

The Client agrees to fulfill the commitments made to the Laboratories. The Client shall indemnify YES WE LAB against any claim or judgment rendered against it due to the Client's failure to fulfill its obligations, and more specifically in the event of non-performance or improper performance of the contract between the Client and the Laboratory, or in the event of a claim by a Laboratory or a third party concerning the data entered by the Client on the Platform or concerning the Client's use of analyses performed by a Laboratory on behalf of the Client. Use of the YES WE LAB Platform requires a compatible computer, tablet, or smartphone with a regularly updated operating system. The Client is solely responsible for regularly updating the operating system of their computer equipment, and YES WE LAB shall not be held liable for any difficulties accessing the YES WE LAB Platform. Unless proven otherwise by the Client, any connection to the Platform shall be deemed to have been made by the Client. Any loss, theft, misappropriation or unauthorized use of their 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 applicable data protection regulations, 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 obligations incumbent upon them in their respective capacities as data controllers. For the purposes of concluding, managing, and performing the Subscription and monitoring the contractual relationship, each party processes the personal data of its contacts who are natural persons, employees, or managers of the other party (hereinafter the “Contacts”). The processing of the personal data (such as names, surnames, and 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 concerning the personal data of its relevant Contacts. Each party is responsible for informing its Contacts about the processing of their personal data by the other party.

The individuals involved in each case have the right to access, rectify, port, and erase their data, as well as the right to object to and restrict the processing of their personal data. They may submit their request, along with a copy of their identity document, to the data protection officer or representative of the other party, as indicated below:

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

The persons concerned have the right to lodge a complaint concerning the processing of their personal data by YES WE LAB with the CNIL (National Commission for Information Technology and Freedoms) https://www.cnil.fr.

Any person whose personal data is collected may define general or specific guidelines regarding the retention, erasure 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 clients, 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 Terms of Service, 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 the Client's use of the Platform. These Terms of Service and the contractual relationship between the parties do not confer on the Client or users any title or ownership rights to the YES WE LAB Platform.

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

Without the prior, express, and written consent of 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, unless YES WE LAB has given prior written consent;
reusing, 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, in any form, by any means or on any medium;
reusing, 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;
using the YES WE LAB database in an abusive manner and creating harm to YES WE LAB;

The Client is informed that any violation of the above provisions may result in the termination of the Services in progress and, furthermore, may be considered acts of infringement, liable to civil and criminal prosecution.

8. Applicable Law and Jurisdiction

These Terms and Conditions, and more generally, the commercial relationship between the parties, are governed by French law. In the absence of an amicable settlement, any dispute relating to these Terms and Conditions, the Services, and the relationship between YES WE LAB and the Client shall be subject to the exclusive jurisdiction of the competent courts of Rennes, including in cases of summary proceedings, ex parte orders, multiple defendants, incidental claims, or third-party claims.

YES WE LAB
SAS with a capital of €950 – Rennes Trade and Companies Register 889 562 203
Registered office: 2 rue de la Mabilais – 35000 RENNES