YM Store Terms & Conditions
Products & Services Terms and Conditions of Sale
1. INTRODUCTION. These terms and conditions set out the terms and conditions between you, the Customer, and Yacht Mermaids (“us,” “we”, “YM”), governing the use of our website and our downloadable digital templates, recordings, courses, coaching, and any other digital or service-based offerings, including the content therein included and any of the content made available to you which includes, but is not limited to, products, files, eBooks, text, images, photos, posts, logos, marks, graphics, designs, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials made available for purchase or otherwise by or on behalf of us (the “Products”).
Your use of our website, purchase, download, and/or use of our Products constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download, or use any of our products.
You represent and warrant that You are at least 18 years of age. YM makes no representation that the Products are available or appropriate for use by individual below the age of 18.
2. YOUR ACCOUNT. You may have the possibility to create a user account in the website (hereinafter referred to as; “Your Account”) that may allow You to save Your information for future purchases, to receive certain information from Us and/or to use certain features in the website. By creating Your Account, You represent and warrant that all information provided for the creation of Your Account is accurate, complete, and current. You agree to maintain and update as soon as reasonably possible Your Account information so that it remains accurate, complete, and current. In order to create Your Account, You may be required to choose a username and/or password. You are responsible for keeping Your username and password confidential. Regardless of whether a third party is or was authorised by You to access or use Your Account, You are and remain at all times responsible for any and all use of Your Account and that any and all use of Your Account is fully compliant with the provisions of these Terms.
3. YOUR USE OF THE YACHT MERMAIDS SERVICES/PRODUCTS. You are granted a single user, non-exclusive, limited, revocable, non-transferable, non-sublicensable license to use for Your own personal, non-commercial, informational and educational use and insofar as You do not violate any copyright, trademark, and other intellectual property or proprietary rights of YM (hereinafter referred to as; the “License”). Any and all intellectual property rights remain exclusively vested in YM. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT PERMITTED TO:
a. Share, edit, modify, copy, reproduce, enhance, reverse engineer, (re)distribute, transfer, transmit, sell, resell or in any way exploit the Products, provided that You are allowed to edit and modify the Products for personal use, (including for use within Your business, if applicable), and provided that such modifications do not lead to the unauthorised distribution or resale of the (unaltered) Products without the express consent of Us given by email.
b. Collect or use content, descriptions or prices of the Products; or
c. Make any derivative use or create derivative works of the Products, whether free or paid, without the express consent of the YM given by email.
d. You shall not use the Products to teach any third party or publish on any platform any of the information, methods, solutions, or formulae contained in or derived from the Products.
e. Uploading or inputting our products into AI or machine-learning models or tools is strictly prohibited, including using our products as training data, fine-tuning data, or reference content for AI models or content generators or using any automated system, scraper, or bot to extract, reproduce, or “learn” from our products for the purpose of creating similar templates, tools, or resources.
f. You also agree not to use any of our products in a way that might be detrimental to us or damage our reputation, and not to present any derivative work as your own original intellectual property template for resale or redistribution.
YOU SHALL BE LIABLE FOR DAMAGES RESULTING FROM THE BREACH OR VIOLATION OF ANY PROVISION CONTAINED IN THESE TERMS.
4. PRODUCTS CHANGES & UPDATES. YM reserves the right to amend, change, alter or modify the content of the Products at its discretion. When YM makes any changes or updates to the Products, such changes and/or updates are included in the Products You were provided at the moment of purchasing such Products. You will receive access to the updated version of the Products at YM sole discretion.
5. INTELLECTUAL PROPERTY RIGHTS. The Products, whether modified or not, and all intellectual property and copyright contained therein or in the Website, are and shall at all times remain Our sole and exclusive property. This includes, without limitation, wording, structure, layout, design, branding, logos, graphics, and any original methodology or framework contained in the products. You agree that under no circumstances shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product, whether the product has been modified or not. You also agree that you shall not remove, alter, or obscure any copyright notices, trademarks, or ownership statements contained in the products. You may not use our business names, brand names (including but not limited to “Yachts Mermaids,” “Mermaids Kick-Starter Bible,” “YM Store,” or any related marks), logos, or visual identity in any way that implies endorsement, partnership, or authorship without our prior written consent.
6. ACCESS TO PRODUCTS. You will receive the Product(s) via the Membership Site/Your Account/Email immediately after completing the purchase of such Digital Product(s). YM reserves the right to, at the YM’s sole discretion, completely or partially, refuse, suspend, remove, restrict Your access to the Members Area and/or the Products and/or revoke and/or terminate Your use of the website and/or the Products, Your Account, and/or any licenses at any time, without notice if YM either knows or suspects You have or shall breach any of Your obligations under these Terms.
7. FORMAT AND COMPATIBILITY. The Products are available in the following formats: Microsoft Excel, Microsoft Word, PDF and Video. The Products are designed to be compatible with Mac/PC Microsoft Office but may also be used with Google Sheets and iWork. However, it is Your responsibility to ensure that Your chosen device and software are compatible with the selected Product(s). YM is not responsible for and does not represent, warrant, or guarantee the compatibility of the Products with the aforementioned devices and/or software or other devices and/or software. Future updates to the Products or changes in technology may impact the compatibility of the Products.
8. FEE. As consideration for access to a Product, You agree to pay YM a total payment equal to the fee stated on the sales page of such Product in the webpage (hereinafter referred to as; the “Fee”). All amounts stated are exclusive of any sales or value-added taxes chargeable unless explicitly stated otherwise. If any sales or value-added taxes are chargeable, You shall pay to YM, in addition to the Fee, an amount equal to the amount of the applicable taxes. The purchase of a Product is not complete, and You will not have access to such Product until YM has received full payment of the total Fee. You agree that any payments you make for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
9. REFUNDS AND CHARGEBACKS
a. Mermaids Kick-Starter Bible: Yachts Mermaids stands behind the value of the MKSB and believes it will truly support you in your Stewardess role. That’s why we offer a 24-Hour Satisfaction Guarantee with a partial refund. If you’re not satisfied within the first 24 hours, we’ll refund 50% of your purchase (except for your $25 donation for the YM Make an Impact Program and transaction payment fee). Because our MKSB templates are Products delivered instantly, full refunds are not possible once they have been downloaded. This policy honors your trust while protecting the integrity of our Products.
b. YM Self-Leadership Mini-Course: Yachts Mermaids believes 100% that the YM Self-Leadership Mini-Course will support you in your new Chief Stewardess role. That's why YM has a 7-day 100% Satisfaction Guaranteed. If you are unhappy with your new knowledge in the first week after finishing the mini-course, YM will refund your money (except for your $25 donation for the YM Make an Impact Program and transaction payment fee). To become eligible for this refund, you must have:
a) gone through the entire mini-course; and
b) sent a copy of your worksheets completed via email to info@yachtsmermaids.com.
c. Private Coaching Sessions: You may cancel or reschedule your coaching session up to 24 hours before the session starts. Scheduled meetings must be canceled with 24 hour’s notice via email at info@yachtsmermaids.com or using the cancel button on the appointment confirmation email. If not canceled within the notice time, the session will result in you losing your private coaching session. Please remember that the private coaching session expires three (3) months after your purchase date. YM store credit will be given if you decide not to use your session.
d. Resume Writing Services: Yachts Mermaids is confident that the Resume Writing Service will enhance your job search. That's why Marién offers a first draft Satisfaction Guarantee. If you are unhappy after receiving the first draft, you will receive 25% of the deposit refund.
PLEASE NOTE THAT ANY REFUNDS WILL BE AT OUR SOLE AND ABSOLUTE DISCRETION. YOU AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER, YOU SHALL INITIATE ANY CHARGEBACKS VIA YOUR PAYMENT PROVIDER. YOU AGREE THAT ANY PAYMENTS YOU MAKE FOR ANY OF OUR PRODUCTS ARE FINAL AND MAY NOT BE CHARGED BACK. WE RESERVE THE RIGHT TO ALTER ANY OF OUR PRICES FROM TIME TO TIME.
10. NON-DISPARAGEMENT AND PROHIBITED USE. You agree not to disparage YM brand, products, services or persons working for or employed by YM. You agree that You will not make any unsubstantiated claims that will ruin the business reputation of YM. You shall not use the Products or any information or materials in relation to the Products, YM, and/or these Terms in any way that:
a. is illegal, infringes or violates the rights of anyone;
b. is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
c. disparages or discredits YM or any of its tradenames, trademarks;
d. encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
e. is likely to cause confusion among third parties;
f. portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or
g. portrays or insinuates any special relationship between the Parties.
h. You shall not misrepresent or embellish Your relationship with YM (including, but not limited to, by expressing or implying that the YM supports, sponsors, or endorses You) or express or imply any other type of relationship between the Parties except as expressly permitted by these Terms or agreed by email or written agreement between the Parties.
11. DISCLAIMERS.
a. Errors Disclaimer: YM does not represent, warrant, or guarantee that the Products will be true, accurate, up-to-date, complete, current, or free from errors, defects, inaccuracies, omissions, interruptions, or disruptions.
b. Description Disclaimer: The descriptions, representations, and any other information regarding the Products provided on websites, social media, or anywhere else are intended to convey the general nature of the Products only and do not guarantee the outcomes or content of the Products. YM reserves the right to amend, change, alter, or modify the Products, their features, structure, delivery method, or any other aspect of the Products at YM’s sole discretion and without prior notice.
c. Professional Advice Disclaimer: The Products are for informational and educational purposes only. The Products are general information and are not, and should not be construed as, any form of professional advice, nor is it intended to replace or substitute for such professional services. You acknowledge that the Products do not address Your specific individual needs.
d. Incompatibility Disclaimer: YM is not responsible or liable if You fail to meet the requirements for the Products or your ability to use the Products based on Your personal circumstances, skills, commitment, capabilities, and effort. You are responsible for allocating sufficient time and resources to allow You to successfully use the Products.
e. Mental Health Disclaimer: The use of the Products/Services does not constitute and cannot be used as a substitute for (professional) mental health, psychological, psychogeriatric, or therapeutic advice, counselling, treatment, support, or services. The Products cannot be utilised to diagnose, treat, prevent, or cure any kind of (mental or medical) condition or ailment. YM disclaims any responsibility and liability for any mental health or emotional issues that may arise from or be associated with the use of the Products.
f. Risk Disclaimer: You agree to use and execute the Products at Your sole risk. YM specifically does not represent, warrant, or guarantee the safety, suitability, or effectiveness of any of the objects, products, services, tools, methods, or techniques mentioned or used in the Products. YM is not responsible and disclaims any liability for any injuries, damages, losses or other consequences arising out of or resulting from Your use of the Products, including, but not limited to, any injuries, damages, losses or other consequences arising or resulting from misuse, misunderstanding or failure to follow any part of the Products.
g. Influence Disclaimer: The Products are not intended to influence, persuade, alter, or change Your personal views, beliefs, opinions, values, or decisions. The Products are not designed to impose any (personal or external) agendas, views, opinions, or ideologies upon You. YM disclaims any responsibility or liability for any decisions, actions, or changes in behaviour that You may choose to pursue as a result of the (use of the) Products. Any shifts in Your views, opinions, values, or beliefs are a direct result of Your own internal process. YM disclaims any responsibility or liability for any attempts to influence, persuade, alter, or change Your views, opinions, values, beliefs, or decisions.
h. Reliance Disclaimer: You use the Products at Your sole discretion and risk. YM does not guarantee that the Products will meet Your expectations or objectives. YM is not responsible or liable for Your reliance on (any part of) the Products.
i. Results & Outcomes Disclaimer: Individual outcomes and results may vary based on personal circumstances, skills, commitment, capabilities, effort, and application of the Products. YM is not responsible for (i) the effectiveness of the Products (ii) any results in relation to or outcomes from the Products, or (iii) any decisions made by You or any other third party based on the l Products and/or any results in relation to or outcomes from the Products. YM does not represent, warrant, or guarantee the effectiveness of the Products or the results in relation to or outcomes from the Products. YM’s comments about the effectiveness of the Products and/or result(s) and/or outcome(s) are expressions of opinion only.
12. LIMIATION OF LIABILITY. Your use of the Products is at Your exclusive risk. You are exclusively responsible for the accuracy and correctness of the personal and other information You provide, the outcome of Your actions, Your results, and all other actions in connection with the Products. YM and anyone else working with or for YM is not responsible, nor is YM liable, for any damages resulting from:
a. any loss of income, revenue, profits, use, data, business, and/or any goodwill related to the Products;
b. any theft of and/or unauthorised access to Your information by any third party, regardless of YM’s negligence; and
c. any use or misuse of any Products.
YM’s aggregate liability is limited to the Fee, excluding sales taxes, value-added taxes, and any other taxes, actually paid by You to YM and actually received by YM under these Terms. YM is not liable for indirect damages or loss, including, but not limited to, consequential, incidental, special, or exemplary damages, or any loss of revenue, profits, savings, business opportunities, use, data, goodwill, or any loss due to business interruption. You waive any right or remedy in equity, including, but not limited to, the right to seek specific injunctive, performance or other equitable relief, in connection with the Your Account, the Products or these Terms.
Nothing in this clause 11 shall operate to limit liabilities in the event of fraud, wilful misconduct, gross negligence or any (other) liabilities that cannot be limited under applicable law.
13. INDEMNITY. You agree to indemnify and hold YM and/or anyone else working with or for YM harmless from all damages, losses, claims, actions, demands, suits, proceedings, or judgments, including costs, expenses and attorneys' fees assessed against or otherwise incurred by YM arising, in whole or in part, from:
a. actions and/or omissions, whether done negligently or otherwise, by You, Your agents, directors, officers, employees, and/or representatives;
b. use of the Products or Your Account by You;
c. violation of any laws, regulations, rules, or ordinances by You or Your Account;
d. violation of any provisions of the Terms by You or Your Account or anyone related to You; and/or
e. infringement by You or Your Account of any intellectual property rights or other third-party rights.
YM will notify You as soon as reasonably possible of any such claims, damage, and/or liability. YM reserves the right to defend such claim, damage, and/or liability at Your expense. If requested, You will fully cooperate and provide assistance to YM to defend any such claims without any cost.
14. ELECTRONIC SIGNATURE. These Terms constitute an electronic contract between You and YM with the full force and effect of a handwritten signature. The Parties enter into these Terms at the moment of purchase of one or more Product(s) by You by way of clicking on the “Complete Order/Submit/Purchase/Buy” button on the purchase page in the shop/website.
TERM AND TERMINATION. These Terms are effective as of the moment of creating Your Account or purchasing a Product. All intellectual property provisions in these Terms, including ownership rights, usage restrictions, and any licenses granted to You, will continue to apply even after the termination of our relationship or the expiration of these Terms. Termination does not grant you any additional rights, nor does it affect our ownership of the intellectual property. YM shall be entitled to terminate these Terms by email to You with immediate effect and thus without observing a notice period and without being liable or any compensation being due if: (1) any payment that is due under these Terms has not been received by YM in full and on time; (2) You breach any of Your obligations under these Terms; or (3) necessary to satisfy any requirements, conditions, guidelines, or opinions contained in any directive, order, opinion, or ruling of a public authority. If these Terms are terminated or cancelled, which termination or cancellation can only occur on the basis of and in accordance with the relevant provisions of these Terms, then: the License shall be revoked with immediate effect upon termination; You shall cease and abstain from the use of and delete the Products from any location You have shared or stored the Products.
15. GENERAL TERMS
a. Changes to Terms. We may update or change these Terms at any time. Changes take effect once posted on our website or otherwise made available to you. By continuing to use our Digital Products after changes are posted, you agree to the updated Terms. If you do not agree, your only option is to stop using the Products.
b. No Transfer. You may not transfer or assign these Terms, the Products, or your rights or obligations without our written consent (email is acceptable).
c. Severability. If any part of these Terms is found to be invalid or unenforceable, the rest will remain in full effect. The invalid provision will be replaced with one that best reflects the original intent and is legally enforceable.
d. Governing Law. These Terms are governed by the laws of the Commonwealth of Puerto Rico and the applicable laws of the United States.
e. No Waiver. If we delay or fail to enforce any right under these Terms, it does not mean we waive that right.
f. Contacting Us. Please do not hesitate to contact us regarding any matter relating to this Downloadable Products Terms and Conditions of Sale Policy via email at info@yachtsmermaids.com
Private Coaching Terms & Conditions
PROGRAM AGREEMENT, RELEASE, AND WAIVER
I voluntarily desire to participate in coaching sessions with Marien Sarriera of Yachts Mermaids (the “Facilitator/Coach”).
I understand that coaching will involve a telephone session and online communication to facilitate personal and professional growth and transformation experiences. In exchange for participation in coaching services provided, I agree to the following:
I take full and sole responsibility for my life, business/career, well-being, and all decisions made before, during, and after my coaching experience.
I acknowledge that I am choosing to participate voluntarily in various activities during coaching, and I recognize that these activities may contain certain inherent risks. These activities may include, but are not limited to: meditation, breathing exercises, guided imagery, journaling, and other activities (collectively “Program Activities”). I expressly assume the risks of coaching and all Program Activities.
IMPORTANT – You may cancel or reschedule your coaching session up to 24 hours before the session’s start time. I am aware that scheduled meetings must be canceled with 24 hours notice via email at info@yachtsmermaids.com or using the cancel button on the appointment confirmation email. If not canceled in notice time, the session will result in you losing your private coaching session. Please keep in mind the private coaching session expires after 3 months of your purchase date, and only YM store credit will be given if you decide not to use your session.
It is your responsibility to confirm the agreed-upon session, communicate with your coach if you need help between sessions, and be on time for the session. Please notify Marien if you will be late. Note that the amount of time you are late will be deducted from the time you have.
I release the Facilitator from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which I have ever had, now have, or will have in the future against the Facilitator, arising from my past or future participation in, or otherwise, with respect to, anything related to and including the coaching experience.
In no event will the Facilitator be liable to any party for any direct, indirect, special, incidental, or consequential damages for any use of, non-use, or reliance on this coaching experience, its information, programs and/or services, including, without limitation, personal injuries, accidents, misapplication of information, or any other loss, malady, disease or difficulty, or otherwise, even if I am expressly advised of the possibility of such damages or difficulties, whether caused by the fault of myself, the Facilitator, or other third parties.
All information you share with Yachts Mermaids, from the first inquiry to your post-coaching feedback form, is treated as private and confidential.
Any dispute concerning this release, the Facilitator, or any aspect of my participation in the coaching experience or Program Activities shall be governed by the laws of Puerto Rico and brought in the District or federal courts of Puerto Rico.
I have carefully read this document, I consent to all parts of it, and I voluntarily surrender certain legal rights.
Yacht Agency Terms and Conditions
SERVICES TERMS AND CONDITIONS
When ordering or requesting services from Yachts Mermaids Agency, you, as Client, agree on your behalf and behalf of anyone interested in the Services to these Terms and Conditions, which shall apply and always govern.
By activating your account, providing the Credit Card Security and Authorization Form, and using or engaging in the services of Yachts Mermaids, you agree to all the terms and conditions herein outlined. If you do not agree with any of the terms and conditions outlined herein, please do not use or engage the services of Yachts Mermaids. We reserve the right at any time to modify the services we provide to you and to add or remove content or stop providing for any reason. These Terms and Conditions are governed by the laws of the Commonwealth of Puerto Rico, and brought in the District or federal courts of Puerto Rico.
ACCOUNT OPENING REQUIREMENTS
When opening an account with Yachts Mermaids | Yacht Services, a valid credit card must be kept on file regardless of the agreed payment terms.
This Credit Card and Security Authorization Form is required strictly for security purposes and does not impact on your payment terms. It is the Client's responsibility to ensure that the credit card information remains up to date at all times. The credit card on file will only be charged in the event of a breach of the agreed-upon terms and conditions.
PAYMENT TERMS
Payment may be made by bank transfer or credit card.
Invoices are due within 7 days of issuance.
Payments not received within 7 days will incur a 10% late payment fee, and all services will be suspended until the invoice is paid.
Credit Card payments will incur a 4% processing fee.
ACH/Wire Transfer payments will incur a $15 processing fee.
Accounts sent to collections will be subject to all collection costs, including court costs and reasonable attorney fees.
If this account is in the name of a corporation, the owner(s) of said corporation agree to be personally liable for all charges.
Fees will be disclosed and agreed upon for the service request.
DELIVERY RECEIPTS
Client representatives, employees, or agents are authorized to sign delivery receipts provided by Yachts Mermaids
RETURNS POLICY
Returns for food, fresh produce, or meats must be made upon delivery and are subject to the terms and conditions of each supplier.
Any restocking fees charged by the supplier or manufacturer will be passed on to the customer.
Special orders (shopped locally or online) must be returned within 48 hours in the original, undamaged packaging with the original invoice. These returns will be subject to applicable restocking fees and the terms and conditions of each supplier.
INDEMNIFICATION AND THIRD PARTY
Unless otherwise stated in writing by us, when you make a request for goods or services provided by a Supplier through the Concierge Service, you will enter into a contract directly with the Supplier for the provision of the goods or services, and you will be bound by the Supplier’s terms and conditions (including but not limited to their cancellation and/or return terms). In these circumstances, you need to review any applicable terms and conditions before you complete the transaction.
Please contact us immediately should you be dissatisfied with any aspect of the Concierge Service you receive, and we will use reasonable endeavors to look into the issue within two working days of receipt of your notification and respond to you.
Client understands and agrees that Yachts Mermaids shall not be liable or responsible in any manner for any losses, damages, or claims that arise from the furnishing of services or goods acquired for or to the client by any contractor, subcontractor, sub-trade, third-party vendor or supplier, merchant, store, or any other seller or service provider, including any consequential damages that may arise from the furnishing of such services and/or goods. By receiving and requesting services, you agree to indemnify, defend, and hold Yachts Mermaids and its business partners, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable professional legal advisors' fees and expenses, related to your violation of these Terms and in connection with any of the Services provided by a third party, including Suppliers.
Recommendations of third-party vendors and suppliers are at your own risk, and Yachts Mermaids shall not be held responsible or liable for any dissatisfaction with any product, service, or merchandise. The decision to use any third-party service vendor, contractor, sub-contractor, trade, sub-trade, service provider, seller, reseller, merchant, retailer, store, wholesaler, or supplier is your responsibility and is only a recommendation by Yachts Mermaids and holds no guarantees for satisfaction.
CANCELLATION AND TERMINATION
You may cancel your account and services with us at any time by emailing info@yachtsmermaids.com for further instructions from us. These Terms and Conditions will remain in full force and effect until written and signed cancellation is received by Yachts Mermaids. Cancellation of the services does not release the Client, their representatives, agents, and/or the person accepting these Terms and Conditions from any previous unpaid obligations. Unless otherwise indicated in the Terms and Conditions and/or Service Agreement, you will not be entitled to any refund of any fees, pro rata or otherwise. Any outstanding balance owed to Yachts Mermaids for services rendered through the effective date of such terminations will immediately become due and payable in full.
The person signing this agreement is advised that if they leave the applicant's employment, they will remain obligated under this agreement until Yachts Mermaids receives a written release of responsibility from the applicant. Yachts Mermaids may cancel services at any time without cause.
CHANGES TO TERMS AND CONDITIONS
Yachts Mermaids reserves the right to update or change these Terms from time to time at our discretion, and your continued use of the services will be subject to the then-current version of these Terms. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
