1. Scope of application

Yes We Farm Sàrl manages the www.yeswefarm.ch page, which allows individuals, companies and associations in Switzerland to propose their project and have it financed by the public or to support a project financially. The name operator will be used hereafter to replace Yes We Farm Sàrl. People who propose projects on the platform are referred to as "project owners", and people who contribute financially to one or more projects are referred to as "contributors". Non-registered users are referred to as "users". Project owners and contributors can only be natural persons with full contractual capacity (the minimum age required is 18), and legal entities.

Project owners, contributors and users declare their agreement with these terms and conditions by using this website.

These terms and conditions apply to all contractual relationships with Yes We Farm Sàrl.

Yes We Farm reserves the right to modify these terms and conditions at any time.

2. Services

Yes We Farm Sàrl provides its platform to enable project owners to present their project and have it financed by the public. Each project is monitored by the Yes We Farm team to ensure optimum project quality and the highest possible success rate. The operator does not guarantee that projects will be successfully financed or carried out.

The project owner is solely responsible for the content of the project, the compensation offered and the project's completion. The right of use and copyright remains with the project owner.

Contributors decide exclusively and in accordance with their own responsibility whether they wish to support a project.

3. Commissions and fees

Each project must reach at least 80% of its target in order to collect money. If this percentage is not reached within the allotted time, the project owner earns no money, but pays no fees either. What's more, in this case, contributors are simply not debited. If the project is successful, i.e. if at least 80% of the amount has been raised, the project initiator will receive the money. A commission of 12% is deducted from each successful project. Of this 12%, 4% relates to payment costs and 8% to the costs of running the yeswefarm.ch platform. If the project's financial target is exceeded, the costs are distributed in the same way.

4. Payments

Payment services for Project Developers operating on Yes We Farm are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes Stripe's Terms of Service (together referred to as the "Stripe Services Agreement"). By agreeing to these terms and conditions or continuing to operate as a project owner on Yes We Farm, you agree to be bound by the Stripe Terms of Service, which may be amended by Stripe from time to time. Because Yes We Farm allows you to make payments via Stripe, you agree to provide Yes We Farm with accurate and complete information about you and your business, and authorize Yes We Farm to share this information as well as information about transactions made via the payment solution provided by Stripe.

5. Project Payments

The project owner and contributors are obliged to provide the operator with valid bank details and a current address for the payment of the sum upon successful completion of the project. If the payment cannot be made due to incorrect information from the project owner, the operator reserves the right to take reasonable steps to trace the project owner. If these reasonable measures are unsuccessful one year after the last contact with the project owner, the operator is entitled to deduct an appropriate amount of compensation for the costs incurred as a result of the reasonable measures, and to donate the balance to the operator.

The amount paid to project promoters may be less than the amount reached at the end of the fund-raising campaign in cases where certain pledges have not been paid despite reminders sent, and where donations have not been made within a reasonable period of time.

6. Personal data

When creating a project, project owners must identify themselves with an official identity card. As far as possible, the operator checks the accuracy of the data. If false information is entered in the profile or other sections of the platform, the operator reserves the right to take the necessary legal steps. For legal reasons and in accordance with the Anti-Money Laundering Act (AMLA), the identity of each project owner raising money on our platform must be verified.

7. Data use and protection

The operator complies with the legal provisions concerning data protection.

By registering on www.yeswefarm.ch, project owners and contributors declare their agreement with the following rules concerning the use of their personal data.

The operator processes the personal data of project owners and contributors (above all contact data such as surname, first name, e-mail address, address, telephone number) on the web pages to enable the smooth operation of yeswefarm.ch. This information is generated by the user's indications and by the use of the services offered.

Project owners and contributors declare that they agree to the electronic storage of their personal data. Users agree that the operator may pass on their personal data to other users to enable the personal exchange of messages between users. Users are only authorized to use and process data in connection with projects; unauthorized transmission to third parties is prohibited.

In addition, the operator is authorized to pass on the collected data to the corresponding "ePayment" service provider insofar as this is necessary for the billing of chargeable services.

The operator shall take appropriate organizational and technical measures to protect against unauthorized data processing and shall use such data solely for the purpose of providing the services for the user. The operator will only store data for as long as is necessary.

8. User obligations

The user is solely responsible for the content of his registration, i.e. for the information he provides about himself. In addition, he/she ensures that the information he/she provides corresponds to the truth. The user undertakes to avoid any kind of costs, complaints, damage, losses or other claims for the operator that might be caused by his registration respectively by his participation in the services of yeswefarm.ch.

In addition, the user undertakes not to misuse the operator's services, in particular :

not to publish material or information that is defamatory, offensive or otherwise illegal. This applies in particular to 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 operator's hardware or software.

not to publish data protected by copyright, unless the user owns the rights of use.

9. Obligations concerning project promoters

The project owner assures the operator that he/she is of legal age. The operator reserves the right to ask the project owner to identify himself/herself with an official and valid form of identification.

The project owner grants the operator a non-exclusive, global, unlimited right of use for the period, free of charge. The project initiator grants the operator the right to record, publish and transmit to third parties for publication project information made by him/herself (texts, images, videos) as well as the first and last name, if this transmission serves to promote the project, the project initiator or the operator. The operator is authorized to use or transmit the project information in full or in modified form, alone or in combination with other content.

10. Delivery of benefits

Once the fundraising campaign has been completed, it is the responsibility of the project owner to deliver the rewards chosen by the contributors to the latter. The operator accepts no responsibility for the delivery or non-delivery of the rewards.

11. Copyright

The copyright to all content on the operator's website belongs solely to the operator. Any reproduction or use of the contents of any kind is only permitted with the written consent of the operator.

12. Warranty and liability

The operator accepts no liability for the topicality, accuracy, completeness or quality of the information provided, nor for any misuse of information.

Any liability for economic, physical or immaterial damage caused by the use of the Yes We Farm Sàrl website is expressly excluded.

The operator reserves the right to modify part or all of the services, or to suspend publication, temporarily or permanently.

The operator is in no way liable for unauthorized misuse of user data by third parties.

The operator is in no way responsible for hyperlinks that may be found outside the responsibility of the yeswefarm.ch website. Should the operator become aware of a reference to a web page with illegal content, he will make every reasonable effort to remove the corresponding reference.

13. Right of withdrawal

As long as the project has not been successfully completed and paid to the project owner, the contributor is entitled to revoke his payment within 15 days without giving reasons. The revocation must be communicated in writing to Yes We Farm Sàrl, Rue du Seyon 2, 2000 Neuchâtel. Any refunds will be credited to the contributor's account by bank transfer only.

14. Applicable law and place of jurisdiction

These general terms and conditions, as well as all other agreements between users and the operator, are governed solely by Swiss law. The place of jurisdiction is Neuchâtel.

Yes We Farm is a trademark. Its logo and trademark are protected throughout Switzerland.

Last update : August 2023