Terms of Use
Welcome to Mimelis Lab! We are delighted to welcome you to our platform for managing the Mimelis Lab label and certification. To ensure smooth collaboration among the various stakeholders on our platform, you will find below an overview of how we operate and the rules we apply.
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Acceptance of these Terms
This document and the other documents we reference below constitute a contractual agreement between you and Mimelis SA (hereinafter "Mimelis" or "we") (see entity under Contact Details). Mimelis SA operates the Mimelis Lab (or MLab) platform, label, and certification. These Terms govern your use of our website, applications, and services, which we will collectively refer to as the "Platform." These Terms should be read carefully because by using our Platform, even simply browsing one of our websites, you understand and agree to these Terms. If you do not agree with our Terms, you may not use our Platform.
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Scope of Conditions
The Mimelis Lab (or MLab) platform facilitates communication between the various stakeholders of the Mimelis Lab label. To ensure effective collaboration among all participants, the following rules apply to each individual depending on how they use our platform:
Our rules for everyone: when you use our Platform, you agree to these Terms and our Privacy Policy .
Our Membership Regulations : If you become As a member of the Mimelis Lab label by paying the corresponding membership fee, this specific regulation applies to your situation, in addition to these Conditions.
Our Donations and Support Regulations : If you wish to support the Mimelis Lab or Mimelis label, these specific regulations apply to your situation, in addition to these Conditions.
All these regulations are an integral part of our Terms and Conditions. It is therefore important to read and comply with those that apply to your situation, in addition to this document which concerns all users.
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Your Mimelis Lab account
When you use our Platform, some features, such as simply browsing our site, do not require creating an account; for other features, a Mimelis Lab account may be required. The conditions for creating an account are listed below:
- You must be at least 18 years old. Individuals under this age are only permitted to use our Platform through an account belonging to a parent or legal guardian. In this case, they must have their parent's permission and be under their direct supervision. You remain responsible for all activity carried out by someone under this age limit when using your account. In all cases, the use of our Platform is prohibited for individuals under the age of 16.
- Truthfulness and accuracy of your information: you are required to provide correct, complete and accurate information and to keep it up to date.
- Account Responsibility: You are responsible for accessing, managing, and using your account. Specifically, you are responsible for all activity on your account and, more generally, on the Platform. When you register on behalf of an entity (company, association, organization, or other legal structure), you guarantee that you have all the necessary authorizations to accept and comply with these Terms on behalf of that entity.
- Protecting your account: You are solely responsible for all activity that occurs on your account. It is your responsibility to protect access to your login information, such as your password or username (or any other sensitive information that allows access to your account), from any fraudulent or abusive use of your account.
- Transfer: a Mimelis Lab account is not transferable.
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Your use of the Platform
- Workload . The use of software, systems, tools, or any other mechanism that could disrupt the operation of the Platform is prohibited. By using the Platform, you agree not to take any actions that could result in an intolerable or excessive load on the Platform.
- External Links and Addresses . Apart from fields explicitly designated for this purpose (for example, the fields in the "External Links," "Business Page," and "Social Networks" sections), it is prohibited to add hyperlinks, internet links, or text describing an external address to the data that can be published via the Platform. Similarly, you may not add such links to a photo or image. For example, you may not add a link in your company description that redirects to your own website, nor add an external link to a comment.
- Fee Circumvention . Any action aimed at avoiding, reducing or evading fees owed to the platform, including, but not limited to, member dues, platform service fees, commissions or any other sums provided for in these Terms, is strictly prohibited.
- Theft of our content . You understand and agree that exploring our Platform, taking screenshots, using programs for scraping purposes, attempting to reverse engineer the Platform, or attempting to obtain the source code of our Platform is strictly prohibited without our explicit permission.
- Payment of your bills . You are responsible for all charges you owe to Mimelis.
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Content and intellectual property
The Content you publish through our Platform is your content (we will refer to it as “Your Content”). We do not claim ownership of this Content, which includes everything you publish using our Platform.
- Our Content . With the exception of Your Content, all content on the Platform, regardless of the medium used, is the sole property of Mimelis. Any use of this content is prohibited without our explicit prior consent.
- Use of our logo and name. As a user of the platform, you may not use our logo or name to indicate that you are using the platform or that you belong to the Mimelis Lab label, unless otherwise provided in the members' regulations.
- Reporting unauthorized content . If you own or hold rights to content that has been posted on our Platform without your permission and you would like it removed, you can contact us. If the content you posted yourself infringes on someone else's intellectual property, we will take the necessary steps to resolve the infringement. For example, we will deactivate the relevant public business profiles and notify you.
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Guarantees, limitations of liability
- Third-Party Services . Our Services may contain links to third-party websites or services that we do not own or control (for example, links to Instagram or Google). Similarly, you may need to use a third-party product or service to use our Services (such as a mobile device to use one of our mobile applications). Therefore, you act at your own risk. These third parties may require you to accept their own terms of use: these agreements will be solely between you and these third parties, and Mimelis is not a party to these agreements.
- Guarantees . Mimelis strives to make our services the best possible, but we are not infallible and unforeseen events may occasionally occur. Therefore, we provide our services "as is" and "as available" without any warranty of any kind, express or implied, including any warranty of title, non-infringement, merchantability, and fitness for a particular purpose. Due to maintenance work, all or part of the Platform may become unavailable for a certain period of time; however, this does not give rise to any claim by users or members of the Platform against Mimelis.
- Limitations of Liability . To the extent permitted by applicable law, neither Mimelis nor any of its employees or directors will be liable to you for any loss of profits or revenue, or for any damages — consequential, incidental, indirect, special, or punitive — arising from the use of our services and Platform or these terms. In particular, Mimelis will not be liable for any technical issues related to the public company profile, or more generally, the management of the Mimelis Lab account. Mimelis specifically provides no guarantee regarding the accuracy of the system time and official time.
Mimelis' total liability for any damages related to the use of the Platform is limited to the amount you paid to Mimelis during the three months preceding the event giving rise to the damage. If only the annual membership fee has been paid, this amount corresponds to one-quarter of the annual membership fee. The amount taken into account is capped at the current Standard annual membership fee, excluding any solidarity contribution indexed to company turnover or any donations.
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Termination
- Account termination by you . You can terminate your account at any time, although we hope you won't need to. To terminate your account, contact us by email or via the contact form on our website. If you have a Mimelis Lab account, you can also contact us through your dedicated support directly in the seller application. Even after terminating your account, you will still be liable for any unpaid invoices or fees.
- Legal restrictions . We may block your access to the Mimelis Lab application, terminate your Mimelis Lab account, or refuse to process a payment if we reasonably believe there is a risk or legal issue. This could include, for example, a potential violation of a law or regulation related to you, your business, or a payment. We may take these actions without prior notice.
- Limitation, Suspension, and Termination . Mimelis reserves the right to limit, suspend, or terminate your access to the Platform, including deleting your Mimelis Lab account at our discretion. Mimelis will not be liable for any effects this may have on you or your business, including any impairment of your ability to generate revenue through our Platform. Here are some examples of situations in which this could occur:
- You have been inactive on the Platform for a long period of time.
- We have to do this to comply with a legal requirement.
- You are repeatedly or significantly breaching these Terms.
- We have reason to believe that your behavior is causing us harm or could give rise to liability on our part, or on the part of a third party or a consumer. This could occur, for example, through hacking, phishing, spamming, or the scraping of content that does not belong to us.
- When an account is terminated, it is possible that all associated information will be lost, including Your Content.
- These Terms remain valid even after the termination of your access to the Platform or after the end of your use of our Platform's services.
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Compensation
We hope this doesn't happen, but if Mimelis is sued because of something you've done, you agree to defend and indemnify us. This means that in such a case, you will defend Mimelis (including its directors, officers, or any of our employees) and hold us harmless from any legal action (including actions taken by government authorities) arising out of your actions, your use (or misuse) of the Platform, your unlawful use of the Platform, and/or your violation of these Terms.
However, we reserve the right to handle our legal defense in whatever manner we deem appropriate, even if you indemnify us. If this is the case, you agree to cooperate with us so that we can develop and execute our strategy.
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Changes to these Conditions
We may update these Terms from time to time. We will notify you as soon as we believe a change is significant, either through our Platform or by sending you an email or message. You are responsible for reviewing and becoming aware of any changes. Updates to the Terms are not retroactive; however, they apply immediately upon posting on our Platform. Therefore, your continued use of the Platform following any changes constitutes your acceptance of the updates.
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Disputes; Applicable Law and Jurisdiction
In most cases, your concerns can be resolved quickly and to the satisfaction of all parties, simply by contacting us.
- Disputes with another user or a third party. If you find yourself in a dispute with another user of the Mimelis Platform or a third party, we always recommend that you first contact the other party to see how to resolve the dispute amicably. In the event of a dispute with another user or a third party, you release Mimelis from all liability with respect to that dispute and any claims, demands, and damages arising from it.
- Disputes with Mimelis. If you find yourself in a dispute with us, please contact us; we will always try to find a solution to your problem. If we cannot reach an agreement, the legal dispute involving our Platform will be resolved according to the following points.
- Applicable Law . All disputes relating to these Terms and Conditions between Mimelis and a member (current or former) shall be governed by Swiss law. Unless otherwise provided by law, the place of jurisdiction shall be Geneva, Switzerland.
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Release clause
Should any of the conditions described in these Terms and Conditions be found to be wholly or partially invalid and/or unenforceable, the validity and/or enforceability of the remaining provisions, or any part thereof, shall not be affected. The invalid and/or unenforceable provisions shall be replaced by legally valid provisions that most closely approximate the intended meaning and economic rationale of the invalid and/or unenforceable provisions. The same applies in the event of any gaps in the applicable regulations.
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Miscellaneous
- Assignment . You may not assign these Terms or transfer or delegate your rights and obligations without our prior express written consent.
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Contact details
Mimelis SA is a public limited company domiciled in Switzerland with its registered office located at chemin de pierre longue 6b, 1212 Grand-Lancy, registered in the commercial register of the canton of Geneva under registration number CH-660.1.528.022-3.
If you have any questions, you can email us at legal@mimelis.ch or write to us at our headquarters address.