Terms of Service

Article 1

General

1.1 Introduction

These General Terms and Conditions of Service (the"GTS") are agreed between: YUCCAN LEAD SAS (the "Company"), with capital of €105,100, registered in the Versailles Trade and Companies Register under number 883 099 160, with its registered office at 18 Rue Charles Despeaux, 78400 Chatou, and :

  • any natural person who registers for the YUCCAN LEAD mobile application with the aim of making introductions (a"Connection") as part of a business referral and/or sponsorship program, and receiving a reward in return, hereinafter referred to as an " Ambassador ";
  • any natural or legal person who uses YUCCAN LEAD services to increase sales and obtain new customers through a referral and/or sponsorship program, hereinafter referred to as a "Professional " .

The Company has created and developed a mobile application enabling Professionals to develop a referral or sponsorship program (an"Ambassador Program"), through the Yuccan Lead mobile application (the "Application") and this website (the "Platform").

Use of the Application and the Platform implies full acceptance of these Terms and Conditions. The Company reserves the right to make changes to these GTS without notice, which will be applicable in their new version as soon as they are posted online.

These GTS apply in preference to any other documents issued by the Company relating to the Yuccan Lead application, which are for information purposes only. Any documentation to the contrary shall be unenforceable against the Company unless expressly accepted in advance.

The Company's waiver of a condition of these GTS may not be interpreted as a waiver of the same condition at a later date.

1.2 Definitions

The terms defined below have the following meanings in these GTS:

‍Platform: SaaS (Software as a Service) type software, owned by the Company allowing the connection of leads by Ambassadors via the Yuccan Lead mobile application ("the Application") within an Ambassador Program.

Professional: Any company selling products and services offering an Ambassador Program and adhering to the Platform.

Ambassador: Any person who recommends the products or services of a Professional to a relative or acquaintance and receives a reward via the mobile application.

User: Any (i) natural person (non-professional, i.e. not having a SIRET number) or (ii) any professional declared as a sole trader or (iii) any professional declared as a professional who uses the Application as an Ambassador and (iv) any person who uses the YUCCAN LEAD platform as a professional.

Gratification: Financial reward paid to Ambassadors.

Matching: Action carried out by an Ambassador who sends the contact details of a natural or legal person to a Professional listed on the Application.

Qualified introduction: Action carried out by the Professional who indicates that the introduction is valid and admissible in his Ambassador Program.

Finalized match: Action taken by a Professional to indicate that a match has been satisfactorily completed in his or her Ambassador Program, and this generally gives rise to a Gratification.

Archived referral: Action taken by a Professional to indicate that a referral has not been finalized or has not been qualified correctly (e.g. referral not accepted).

Match in progress: A match that has not been finalized or archived in the Ambassador Program.

Ambassador Program: Business referral and/or sponsorship program set up by a Professional within the Application.

Parties: Persons who have accepted the present Conditions.

These Terms and Conditions: Refers to all the terms of this document, as a contract between the parties.

Regulations: Refers to the rules that bind the Professional to the Users and that are specific to each Professional, the updating of which by the Professional entails notification to the Users.

GDPR: Refers to the General Data Protection Regulation 2016/679.

Receipt: Refers to the receipt from the particular Ambassador relating to the gratuity received from a Professional via the Yuccan Lead application.

Receipt Issuing Mandate: Refers to the authorization given by the Individual Ambassador to the Company to automatically generate a receipt in his/her name and on his/her behalf upon receipt of his/her Gratuity. This system is used to simplify the administrative management of the mandatory receipts that professionals must receive for their accounting purposes.

Invoice issuing mandate: Refers to the authorization given by the Professional Ambassador to the Company to automatically generate a receipt in his/her name and on his/her behalf upon receipt of his/her Gratuity. This system is used to simplify the administrative management of the mandatory receipts that professionals must receive for their accounting purposes.

1.3 Independence

The Company only acts as an intermediary ensuring all the functionalities available on the Platform enabling the Ambassador and the Professional to follow up on the Mises en relation within the framework of an Ambassador Program.

Thus, the Ambassador and the Professional acknowledge that the Company does not intervene in any way in their relationship. The definition, launch and operation of the Ambassador Program, as well as any modifications and interruptions, remain the sole responsibility of the Ambassador and the Professional.

1.4 Company obligations

The Company undertakes to secure access to and use of the services accessible on the Platform and on the Application, taking into account the protocols, in accordance with current practices.

The Company undertakes to implement effective controls to protect against unauthorized physical and electronic access to its operating systems and services, as well as to Users' confidential information, in order to provide reasonable assurance that access to Users' data is limited to authorized persons and that their confidential information is protected against any unauthorized use.

The Company undertakes to put in place effective controls to process the data entrusted to it without risk of omission, alteration, deformation or any other form of anomaly likely to harm the integrity of the results obtained from these services.

With regard to banking data, the Company undertakes to ensure that such data is encrypted and transmitted in a totally secure environment to its financial partners.

The Company undertakes to draw up the Ambassadors' gratuity vouchers in accordance with the information provided by the Ambassadors, in the name and on behalf of the Ambassadors, in the forms, instructions and within the deadlines defined by the parties.

1.5 Platform membership

The User wishing to access the Application must download the mobile application, fill in the membership form whose fields are mandatory and tick the box "I accept Yuccan Lead's General Terms of Services". Confirmation of registration entails unreserved acceptance of these Terms and the associated Privacy Policy.

1.6 Obligations of the User

The User undertakes to provide accurate information and to keep its information up to date on its personal space.

The User undertakes to make every effort to keep his access code secret and not to divulge it to third parties in any form whatsoever. The User is fully responsible for the use of his or her access code.

1.7 Rewards and fees

The amount of rewards paid by the Professional to Ambassadors is defined the Professional in the Ambassador Program on the Application.

The amount of the rewards defined by the Professional can only be modified during the current calendar year if there are no Mismatches being processed.

The Ambassador sends each Match via the Application to enable the Professional to validate it, thus passing the Match to the status (i) qualified or (ii) archived.

Article 2

Special conditions for Ambassadors

2.1 Duration

Registration on the Platform via the Application is without commitment of duration. It lasts until the Ambassador deletes his/her profile directly in his/her personal space. This deletion has an immediate effect, preventing any further access to the application's services and cancelling any pending and unpaid awards.

A warning message will appear if necessary to warn him that he will not have his winnings paid if he deletes his account, so that he may possibly wait for pending settlements.

2.2 Prize

Ambassador registration and use of the Application is free of charge.

2.3 Subscription to the Ambassador Program

The Ambassador, provided with his login and access code, can access his management interface to participate in the Ambassador Program.

They can choose the Professional they wish to recommend and subscribe to the Ambassador Program.

By subscribing to the Ambassador Program proposed by the Professional, the Ambassador unreservedly accepts the conditions, in particular (i) the amounts of the Gratuities, (ii) the terms of payment of the Gratuities and (iii) the internal rules of the program (the"Rules") set by the Professional.

The Rules can be viewed from the main menu of the Application, and the User acknowledges that the Professional may change the Rules at any time and will be notified by a notice on the Application.

2.4 Ambassador's obligations

The Ambassador undertakes to provide the Company and the Professional with accurate information concerning the persons he/she recommends, and to keep the information on his/her "Profile" up to date.

Throughout the duration of their membership on the Application, Ambassadors undertake to ensure that their referrals are made with due respect for the people they refer and for the regulations governing the collection and use of personal data. Thus, the Ambassador undertakes to obtain the prior, free, unequivocal and revocable consent of the persons he/she recommends for a Match. The Ambassador undertakes not to transmit any personal data to the Professional without the latter's consent.

The Ambassador declares, guarantees and acknowledges :

  • he/she is fully entitled to register on the Application.
  • that he/she is aware of and complies with all tax, accounting and reporting obligations to which he/she may be subject
  • that he/she retains full responsibility for his/her legal and tax obligations with regard to invoices or receipts issued in his/her name and on his/her behalf by the Company in its capacity as Agent.

The Ambassador is hereby informed that the invoice or receipt issued by the Company in his name and on his behalf shall bear the words "Invoice/Receipt" drawn up by Yuccan Lead in the name and on behalf of "name of the Mandating Ambassador".

Each invoice/receipt will contain the following information:

  • Full name and address of the Individual and the Professional
  • Invoice/receipt number in chronological and continuous order
  • Precise name of the service, with the possible mention "Service provided electronically".
  • Quantity of service
  • Amount of service excluding tax
  • Date of service + Date of part (Identical dates if part generated when payment is validated by Individual)
  • SIREN and SIRET numbers (if applicable)
  • VAT number (if applicable and if the Ambassador has registered for VAT)

2.5 Collection of Ambassadors' Gratuities

The deadline for payment of Ambassador Gratuities by Professionals may last up to a maximum of 6 months from the time the Match is finalized or, where applicable, if it is qualified and this gives rise to a Gratuity.

The Ambassador may authorize the Company, in accordance with the provisions of articles 1984 et seq. of the French Civil Code, to act in his or her name and on his or her behalf in order to collect his or her rewards amicably from the Professionals.

In this case, he will also authorize the Company to receive on his behalf the payment of all commissions due, and authorize it to perform all useful and necessary acts in order to obtain the recovery of his commissions, to collect all sums, to grant payment schedules, and to take all necessary amicable steps.

Any payment by the Professional, even partial, to the Company commits the Company to notify the Ambassador by any useful means within eight (8) days, and to pay the Ambassador within thirty (30) days and at the end of the month, as from actual collection.

After the maximum payment period provided for after completion, or where applicable of the qualification that gives rise to a Gratification, the Company is entitled to proceed withcollection via direct debit of the amount of the Gratification in the name and on behalf of the Ambassador.

2.6 Mandate to issue an invoice or receipt

The Ambassador (Principal) expressly mandates the Company (Agent), which accepts, and any of its service providers involved in carrying out this mandate, to create, in its name and on its behalf, original invoices or receipts relating to the payment of Gratifications (rewards) received from Professionals via the Platform.

2.7 Tax and social security obligations

For individual Ambassadors, all income is in theory taxable at the first euro, whatever its nature, and even if it is only occasional or incidental. Income must be declared in the category of industrial and commercial profits (BIC), or non-commercial profits (BNC), and may most often fall under the micro-tax regime.

Ambassadors can view information about each transaction on their personal account interface. However, he will receive annual summary information in the form of a listing of all financial gratuities received, in accordance with Articles 1649 ter A to 1649 ter E of the French General Tax Code (the"CGI"), resulting from Article 134 of Finance Law no. 2021-1900 of December 30, 2021 on the finances for 2022 and Council Directive (EU) 2021/514 of March 22, 2021.

Pursuant to these laws and in accordance with theDPI-DAC7 mechanism, La Société will transmit to the tax authorities, in accordance with its legal obligations, the documents corresponding to payments made via the Yuccan Lead platform.

In addition, it is the responsibility of the individual Ambassador to ensure his or her social obligations, where applicable, in particular by affiliating himself or herself with the general URSSAF scheme by means of a micro-enterprise or any other legal structure enabling him or her to pay contributions, if and only if the Ambassador fulfills the conditions of liability as defined by URSSAF for the particular case of business contributors (or indicators).

Article 3

Special Conditions for Professionals

3.1 Duration of membership

Membership allows access to the Platform for a minimum period of one (1) month from confirmation of membership by opening a Professional account.

Unless special conditions are subscribed to at the discretion of the Company and the Professional, the Professional's commitment will then be renewed by tacit agreement, for new periods of one (1) month in the absence of termination by the Professional of his subscription.

3.2 Prices

The Professional takes out a subscription to one of the offers proposed by the Company on its website on the day of membership, in accordance with the terms and conditions set out in the General Conditions of Use and License accepted without reservation by the Professional (the"GCUL"), in force on the day of use of the platform.

3.3 Creating an Ambassador Program

The Professional himself informs his potential Ambassadors of his membership of the Platform. The Professional is free to set the amount of Gratuities paid to Ambassadors, the conditions under which they are granted, and the Regulations which can be consulted from the Application.

The Company reserves the right to access the Professional's personal space for the purposes of verifying proper operation, validity and compliance, in particular with the present conditions.

3.4 Obligations of the Professional

The Professional undertakes to pay the amounts due to the Ambassadors and the Company in respect of rewards, subscriptions and processing fees. The amount of the Rewards set by the Professional at the time of joining are guaranteed to the Ambassadors and may only be modified in the absence of any Mises en relation being processed.

The Professional has a maximum of 6 months to pay the Ambassadors from the date of finalization of the Match, or from the date of qualification of the Match if qualification gives rise to a Gratuity.

In the event of non-payment of the Rewards due to Ambassadors, a dispute will be opened on the Platform enabling the Company to recover the amount of the Rewards by direct debit in the name and on behalf of the Ambassadors.

The Professional undertakes to cooperate actively with the Company, in particular by providing all the information and elements required to set up and join the company's lead generation program.

Professionals are solely responsible for compliance with the terms and conditions of the Ambassador Program, and indemnify the Company, and any entity affiliated with the Company, against any claims or actions brought in connection with the Ambassador Program.

The Professional must take the appropriate measures and undertakes not to collect in the Application interfaces personal data within the meaning of the GDPR, for example: address, email, first and last name, telephone for purposes other than those set out in the various data protection policies.

Article 4

Disputes between Professionals and Ambassadors

In the interest of the Ambassadors and of the Company's brand image, in the event of the Company's intervention to resolve any claim, the Professional undertakes to respect the solution that will have been found through its intervention.

In the event of a dispute between a Professional and an Ambassador, the Company favors an amicable resolution of any disputes that may arise. To this end, a claims management area is available to Professionals and Ambassadors to encourage amicable solutions, the procedure for which is described below:

  • From the application, the Ambassador can send a complaint to the Professional concerning a problem encountered following his/her recommendation.
  • After 7 days, the Company administrator checks with the Ambassador whether the problem has been resolved.
  • If the problem has been resolved, or if there is no response from the Ambassador within 2 working days, the dispute is automatically closed.
  • If the problem has not been resolved within 7 days, the Ambassador is invited to send a reminder to the Professional in order to obtain a response.
  • If there is no response from the Professional within 7 calendar days, the Company Administrator will send a reminder on behalf of the Ambassador.
  • If the maximum payment deadline after the Match has been finalized is reached, the Company administratoris authorized to initiate the collection procedure for the automatic debiting of the amount of the gratuity in the name and on behalf of the Ambassador, in accordance with the terms and conditions set out in these Terms and Conditions.
Article 5

Mediation

In accordance with article L. 612-1 of the French Consumer Code, the Ambassador, as a consumer, may refer the matter to the Consumer Mediator for an amicable resolution of the dispute.

This referral to the mediator can only be made after the Platform has carried out all the actions required for an amicable resolution.

The Company has designated SAS Médiation Solution as a consumer mediation body, under membership number CS0001366/2008.

To refer a matter to the mediator, the Ambassador must submit his or her request :

Whatever the means of referral used, the request must contain :

  • The applicant's postal address, telephone number and e-mail address,
  • The name, address and SAS Médiation Solution registration number of the professional concerned,
  • A brief statement of the facts. The consumer must specify to the mediator what he or she expects from this mediation and why,
  • A copy of the prior complaint,
  • all documents required to investigate the claim (purchase order, invoice, proof of payment, etc.).

Mediation is not compulsory, but is offered solely as a means of resolving disputes and avoiding immediate recourse to the courts.

In general, any dispute between a Professional and an Ambassador must be settled directly between them, as the Company is not a party to the contractual relationship between the Professional and the Ambassador. Thus, the Ambassador will not be able to seek the responsibilitý of the Company in this respect.

In addition, in accordance with̀ Article 14 of Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/

The Ambassador must first notifỳ the Company of any dispute with a Professional, by sending an e-mail toinfo@yuccanlead.com. At the express request of the Ambassador or the Professional, the Company may, as an intermediary, attempt to reconcile the Professional and the User concerning the dispute that has arisen.

In the absence of such a request, the Professional is responsible for resolving the dispute with the relevant Ambassador, either amicably or judicially.

The Company shall not be held liable for any failure to resolve the dispute between the Professional and the relevant Ambassador, even in the event of its intervention in the attempt to resolve the dispute amicably.

Under no circumstances is the Company authorized to intervene in disputes arising between Ambassadors and Professionals concerning lead recommendations made by an Ambassador to a Professional outside the Application.

Article 6

Applicable Law and Settlement of Disputes

These terms and conditions shall be governed by and construed in accordance with French mandatory rules applicable to Consumers by the competent French courts.

Contributors

References

Not applicable.
 
Effective from the 14th of March, 2024.

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