General conditions of use of yeswefarm.ch
Yes We Farm Sàrl manages the page www.yeswefarm.ch, which allows natural persons to Swiss companies and associations to propose their project and to have it financed by the population or the possibility of supporting a project financially. The operator name will be used below to replace Yes We Farm Sàrl. The people who propose projects on the platform are named "the project leaders", the people who contribute financially to one or more projects are named "the contributors". Unsaved users will be named "users". Project holders and contributors may only be natural persons with total contractual capacity (the minimum age is 18), and legal persons.
Project owners, contributors and users agree to these terms and conditions by using this website.
The general conditions apply in the context of any contractual relationship with Yes We Farm Sàrl.
Yes We Farm reserves the right to modify these terms and conditions of use at any time.
Yes We Farm Sàrl provides its platform to allow producers to present their project and have it financed by the population. Each project is monitored by the Yes We Farm team to ensure optimal project quality and the highest possible project success rate. The operator does not guarantee a successful financing of the projects, nor the realization of these.
The project leader is solely responsible for the project content, the counterparts it offers and the project implementation. The right of enjoyment and copyright always belongs to the project owner.
Contributors decide exclusively and in accordance with their own responsibility if they want to support a project.
3. Fees and fees
Each project must reach at least 80% of the goal to raise the money. If he does not reach this percentage within the time allotted the project owner does not earn money but does not pay any fees. In addition, contributors are fully reimbursed. If the project is successful, then if at least 80% of the money has been raised, the project initiator will receive the money. On each successful project a commission of 12% is retained. Out of these 12%, 4% relate to fees due to payments and 8% are used to remunerate the yeswefarm.ch platform and its smooth operation. The distribution of costs is identical if the financial objective of the project is exceeded.
The project holder and the contributors are required to provide the operator with valid bank details and a current address for the payment of the sum upon successful completion of the project. In the case where the payment can not be made because of incorrect indications from the project holder, the operator reserves the right to take reasonable measures to find the project leader. In the event that these reasonable measures have been ineffective one year after the last contact with the project leader, the operator is entitled, as a result of the reasonable measures, to deduct an allowance of a suitable amount and donate the balance to the operator.
5. Personal data
When creating a project, project holders must identify themselves with an official identity card. Whenever possible, the operator checks the veracity of the data. In the case where false indications are indicated in the profile or in other sections of the platform, the operator reserves the right to take the necessary legal steps.
6. Use and protection of data
The operator complies with the legal provisions on data protection.
By registering on www.yeswefarm.ch project holders as well as contributors declare to agree with the following rules regarding the use of their personal data:
The operator processes the personal information of project holders and contributors (primarily contact data such as surname, first name, e-mail address, address, telephone number) on the web pages so to enable the smooth operation of yeswefarm.ch. This information is produced by the user's indications as well as by the use of the services offered.
The project leader and the contributor declare that they agree with the electronic registration of their personal data. Users are in favor of the operator transmitting their personal data to other users in order to allow the personal exchange of messages between users. Users are only allowed to use and process data for projects; unauthorized transmission to third parties is prohibited.
In addition, the operator is authorized to transmit the collected data to the corresponding "ePayment" service provider as far as it is necessary for the billing of the paid services.
The operator shall take appropriate organizational and technical measures to protect unauthorized data processing and use this data only in order to provide the services to the user. The operator keeps the data only for as long and as long as necessary.
7. Obligations of users
The user is solely responsible for the content of his registration, either for the information he makes available on himself. Moreover, he assures that the information he emits corresponds to the truth. The user undertakes to avoid any kind of costs, complaints, damages, losses or other claims for the operator that could be caused by his registration or his participation in the services of yeswefarm.ch.
In addition, the user agrees not to misuse the services of the operator, including:
- not to publish material or information that is defamatory, malicious or otherwise unlawful. This particularly concerns pornographic, racist, seditious or similar content.
- not to introduce into the system data carrying a virus (contaminated software) or software or other material that could damage the hardware or software of the operator.
- not to publish protected copyright data, unless the user has the rights of enjoyment.
8. Obligations concerning the holders of projects
The project leader assures the operator that he is of age. The operator reserves the right to ask him to identify himself with an official and valid identity document.
The project holder grants the operator a non-exclusive, global, unlimited right of enjoyment over the period, and free of charge. The project holder grants to the operator the right to record, publish and transmit to third parties for the publication the information of projects made by himself (texts, images, videos) as well as the name and surname, if this transmission is used to promote the project, the project initiator or the operator. The operator is allowed to use or transmit project information in a complete or modified way, alone or in combination with other content.
9. Delivery of counterparties
Once the fundraising campaign is over, it is up to the project owner to deliver the counterparties chosen by the contributors to the project.
The copyright of all content found on the website of the operator belongs solely to the operator. Any reproduction or use of the contents of any order is only permitted with the written consent of the operator
11. Warranty and liability
The operator declines any responsibility for the actuality, the veracity, the completeness or the quality of the information made available as well as for a possible misuse of information.
Any liability for economic, physical or immaterial damage caused by the use of the website belonging to Yes We Farm Sàrl is, in principle, explicitly declined.
The operator reserves the right to modify some or all of the services, or to suspend the publication, temporarily or permanently.
The operator is in no way responsible for the unauthorized misuse of user data by third parties.
The operator is in no way responsible for hypertext links that may be outside the responsibility of the website yeswefarm.ch. In the event that the operator comes to learn that there is a reference to a web page with illegal content, it will do all that is reasonably required in order to delete the corresponding reference.
12. Right of cancellation
As long as the project has not been successful and paid to the project holder, the contributor is entitled to revoke his payment within 15 days without stating the reasons. The reimbursement will generally be made 7 days after the end of the project financing campaign. The revocation must be communicated in writing to Yes We Farm Ltd, La Combe-Boudry 221, 2314 La Sagne. Any refunds will be credited to the contributor's account by the means of payment originally chosen.
13. Applicable law and jurisdiction
These general terms and conditions, as well as all other agreements between users and the operator, are governed solely by Swiss law. The competent court is Neuchâtel.
Yes We Farm and its logo is a protected trademark throughout Switzerland