Terms and conditions of use
YET ANOTHER COMPANY
RCS Angers n° 903 308 518
4 rue René Rouchy 49100 ANGERS
hello@yac.la
+33 2 41 19 13 90
Effective date: June 24, 2022
1. PURPOSE
YET ANOTHER COMPANY ("YET ANOTHER COMPANY") publishes and operates the present website (the "Site"), which enables its users (the "Users") to be put in contact with specialized companies (the "Partners"), in particular to provide them with assistance in their procedures (the "Services").
The purpose of these terms and conditions (the "Terms and Conditions") is to define the terms and conditions of access to the Services, as well as the rights and obligations of the parties in this context.
2. ACCESS TO THE SITE AND SERVICES
2.1. Legal capacity
The Site and Services are accessible :
- Any natural person with full legal capacity to enter into commitments under these General Terms and Conditions. Individuals who do not have full legal capacity may only access the Site and Services with the consent of their legal representative.
- Any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.
2.2. Site and Services for individuals
The Site and Services are intended exclusively for individual Users and are not intended for professional use, understood as any use directly or indirectly related to a remunerated activity carried out on a non-casual basis in all sectors of industry and commerce.
3. ACCEPTANCE OF TERMS AND CONDITIONS
TheUser accepts the General Conditions by ticking a box in the form to be completed.
This acceptance must be full and complete. Any conditional acceptance is considered null and void.Users who do not agree to be bound by these General Terms and Conditions may not access the Services.
They can be accessed and printed at any time via a direct link at the bottom of the Site page.
4. FORM
To access the Services, theUser must complete the form provided for this purpose. He/she must provide all the information marked as compulsory, and answer all the questions asked.
TheUser guarantees that all information provided in the form is accurate, up-to-date and sincere, and is not misleading.
5. SERVICES
5.1 Description of Services
YET ANOTHER COMPANY will forward the form completed by theUser to all of its Partners, who will be able to contact the User as soon as possible in order to assist him/her with his/her requests.
5.2 Maintenance
YET ANOTHER COMPANY makes every effort to provide theUser:
- Corrective maintenance to correct any malfunctions or bugs found on the Site.
- Evolutionary maintenance, which includes improvements to the functionalities of the Site and/or the technical facilities used (aimed at introducing minor or major extensions).
Access to the Site may be limited or suspended as part of these maintenance operations.
5.3 Site hosting
YET ANOTHER COMPANY undertakes to ensure, under the terms of an obligation of means, the hosting of the Site, as well as the data produced, entered and exchanged with theUser, in accordance with the practices of the profession and the state of the art, on its servers or through the intermediary of a professional hosting service provider, and on servers located in a territory of the European Union.
YET ANOTHER COMPANY undertakes to implement all technical means, in accordance with the state of the art, necessary to ensure security and access to the Site and Services, including the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers from malicious acts.
6. FINANCIAL CONDITIONS
Access to the Site and Services is free of charge.
7. OBLIGATIONS AND RESPONSIBILITIES OF THE USER
7.1 Compliance with the General Terms and Conditions
In using the Services and the Site, theUser undertakes to comply with the General Terms and Conditions and with the laws and regulations in force, and not to infringe the rights of third parties or public order.
7.2 Liability and warranty
TheUser is solely responsible for his or her use of the Site and Services, and more particularly for any relations that may arise between him or her and the Partners, including any disputes or litigation arising out of or in connection with the use of the Site or Services. YET ANOTHER COMPANY may not be held liable in this respect.
7.3 Warranty
TheUser guarantees YET ANOTHER COMPANY against any and all complaints, claims, actions and/or demands that it may suffer as a result of theUser's violation of any of its obligations under the terms of the present General Conditions. TheUser undertakes to pay YET ANOTHER COMPANY all costs, charges and/or judgments it may incur as a result.
8. YET ANOTHER COMPANY'S LIABILITY AND WARRANTY
8.1. Obligation of means
YET ANOTHER COMPANY undertakes to provide the Services 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 theUser expressly acknowledges and accepts.
8.2. Role
YET ANOTHER COMPANY acts exclusively for the purposes of providing the Services described in the present General Terms and Conditions.
8.3. Relations with partners
YET ANOTHER COMPANY is not a party to the relationship between theUser and the Partners, and cannot under any circumstances be held liable for any difficulties arising from this relationship, nor can it be a party to any disputes, guarantees, declarations or other obligations of any kind to which theUser or the Partner may be bound.
8.4. Liability
YET ANOTHER COMPANY may not be held responsible for decisions made by theUser following his/her use of the Services.
8.5. Site operation
The Services are provided by YET ANOTHER COMPANY as is and without warranty of any kind, express or implied. In particular, YET ANOTHER COMPANY does not guarantee Users:
- That the Services, subject to constant research to improve performance and progress, will be totally free of errors, defects or faults.
- That the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
YET ANOTHER COMPANY undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, YET ANOTHER COMPANY reserves the right to temporarily interrupt access to the Site for scheduled maintenance.
Similarly, YET ANOTHER COMPANY cannot 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.
9. PROHIBITED CONDUCT
9.1. Prohibited access
Access to the Site for the following purposes is strictly prohibited:
- Engaging in illegal, fraudulent activities or activities that infringe on the rights or safety of third parties.
- Undermining public order or violating applicable laws and regulations.
- Intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security.
- Manipulations intended to improve the referencing of a third-party site.
- 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 hijacks the Site for purposes other than those for which it was designed.
9.2. Detour
Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Site.
9.3. Other prohibited behavior
The following are also strictly prohibited:
- Any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services.
- All intrusions or attempted intrusions into YET ANOTHER COMPANY systems.
- Any misappropriation of the Site's system resources.
- Any action likely to impose a disproportionate burden on the latter's infrastructures.
- Any breach of security and authentication measures.
- Any acts likely to prejudice the financial, commercial or moral rights and interests of YET ANOTHER COMPANY.
- And more generally, any breach of the present Terms and Conditions.
9.4. Resale
It is strictly forbidden to monetize, sell or grant all or part of access to the Services or the Site, as well as to the information hosted and/or shared therein.
10. PENALTIES FOR NON-COMPLIANCE
In the event of a breach of any of the provisions of the General Terms and Conditions, or more generally, a breach of laws and regulations by the User, YET ANOTHER COMPANY reserves the right to take any appropriate action and in particular to :
- Suspend, remove or prevent access to the Site by theUser who has committed or participated in the breach or infringement,
- Take all appropriate measures and institute legal proceedings,
- Notify the competent authorities where necessary, cooperate with them and provide them with all information relevant to the investigation and suppression of illegal or illicit activities.
These sanctions are without prejudice to any damages that YET ANOTHER COMPANY may claim from theUser.
11. INTELLECTUAL PROPERTY
TheUser expressly acknowledges that the present General Terms and Conditions do not confer any intellectual property rights on the Site, which remains the exclusive property of YET ANOTHER COMPANY.
TheUser only has a license to use the Site under the conditions defined herein.
Consequently, all disassembly, decompilation, decryption, extraction, reuse, copying and more generally all acts of reproduction, representation, distribution and use of any of the elements making up the Site, in whole or in part, without the authorization of YET ANOTHER COMPANY, are strictly prohibited and may be subject to legal proceedings.
12. PERSONAL DATA
YET ANOTHER COMPANY has a policy of protecting personal data, the characteristics of which are explained in the document entitled "Privacy Policy"which theUser is expressly invited to read.
13. AUTHORIZATION TO DISTRIBUTE TESTIMONIES
For the duration of their use of the Services, and 3 years thereafter, Users authorize YET ANOTHER COMPANY to use the testimonials they publish on the Site (the "Testimonials") for the promotion of the Site, in accordance with the following terms and conditions:
- They consent to their Testimonials being distributed free of charge by YET ANOTHER COMPANY on the Site and on all other French or foreign websites, published by all companies with which YET ANOTHER COMPANY has agreements.
- They agree that their Testimonials may be disseminated by YET ANOTHER COMPANY by any means and on any medium for the purposes of promoting the Site.
- They accept to have their Testimonies translated into any language.
- They acknowledge and accept that the Testimonials may be subject to modifications, in particular as regards their framing, format and colors, as well as to alterations or degradations in their quality, depending on the technical constraints of the Site.
- They waive their right to claim any remuneration, royalties, indemnity or financial compensation from YET ANOTHER COMPANY in this respect.
14. TECHNICAL ASSISTANCE
YET ANOTHER COMPANY offers theUser technical assistance accessible by email at the following address: hello@yac.la, enabling the User to report any difficulties encountered while using the Site.
15. ADVERTISING
YET ANOTHER COMPANY reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by YET ANOTHER COMPANY.
16. LINKS AND THIRD-PARTY SITES
YET ANOTHER COMPANY may not under any circumstances be held responsible for the technical availability of websites operated by third parties (including any partners) to which theUser may have access via the Site.
YET ANOTHER COMPANY accepts no responsibility for the content, advertising, products and/or services available on such third-party sites, which are governed by their own terms of use.
YET ANOTHER COMPANY is also not responsible for transactions between theUser and its Partners, and will not under any circumstances be a party to any disputes whatsoever with these third parties concerning, in particular, the purchase of products or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.
17. END OF SERVICE
TheUser may cease to use the Services by sending a request to YET ANOTHER COMPANY using the contact details mentioned on the first page.
Service is terminated within 7 days of the request.
18. MODIFICATIONS
YET ANOTHER COMPANY reserves the right to modify the present Terms and Conditions at any time. Users will be informed of such modifications by any appropriate means.
19. Registration on the anti-solicitation list
In accordance with law n°2014-344 of March 17, 2014, the UTilizer is informed that as a consumer within the meaning of the consumer code, he/she has the option of registering free of charge on the BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom he/she has no current contractual relationship.20. MEDIATION
TheUser has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute with YET ANOTHER COMPANY concerning the performance of the present contract , under the conditions set out in articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code.
To this end, he may contact the following consumer mediator:
CM2C
SIREN n° 831 213 871
14 rue Saint-Jean 75017 PARIS
Contact by email
+33 1 89 47 00 14
21. APPLICABLE LAW
These Terms and Conditions are governed by French law.