MEMBERSHIP
TERMS & CONDITIONS
1. DEFINITIONS
MYM means Malta Yacht Management Limited of East Gate Offices, School Street, Msida, MSD 1613, Malta, company registration number C 66882.
Membership means a state or status of being the MYM Member who may utilise the Assistance & Optional Services together with the Benefits and in accordance with these T&Cs.
T&Cs means the Terms and Conditions of this Membership Agreement as may be amended from time to time by the MYM.
Member means an Individual Member or Corporate Member, who is owning a registered boat/yacht under the Malta flag or is intending to acquire and / or register a boat/yacht under the Malta flag, and who has entered into this Membership Agreement with the MYM whose Term (or Renewed Term) remains current and has not expired or been cancelled or terminated.
Personal Manager means a designated boat/yacht manager to the Member within the MYM.
Membership Application Form means an online form used by the MYM from time to time for accepting the Member and entering into the Membership Agreement.
Membership Fee means the fees charged by the MYM on a yearly basis to the Member and as relevantly and initially defined in the Membership Application Form (subject to the LOA of the boat/yacht) for utilisation of the Assistance & Optional Services together with the Benefits.
LOA means the length overall (in meters) and is the maximum length of a boat/yacht from the two points on the hull measured perpendicular to the waterline.
Services mean the Assistance & Optional Services as contemplated by Section 6 of these T&Cs.
Benefits mean the advantages that the Member receives under the Membership in the MYM as contemplated by Section 7 of these T&Cs.
Fees and Costs mean the fees and costs for the Services, comprising the amount of the MYM’s fees to be determined by the MYM with respect to such service or services including but not limited to the list of the Assistance & Optional Services and the fees, costs or tariffs of the entity, authority, service provider, agency or individual person, where and when applicable, which have to be confirmed and paid by the Member as contemplated by Section 4 of these T&Cs.
Discount means an amount or percentage deducted from the normal price for the MYM’s management fees, which may be applicable to the Member only.
Business Day means any day other than a Saturday, Sunday, public holiday or a day on which banking institutions are authorised or obligated by law or executive order to close.
Effective Day is any day during the term of the Membership, which has been booked by the Member and where such booking has been accepted by the MYM.
Term means the date commencing from the date of acceptance of the Membership, and ending on the date as contemplated in Section 3 of these T&Cs.
Renewed Term means the renewed or extended term of the Membership as contemplated by Section 3 of these T&Cs.
2. MEMBERSHIP AGREEMENT
These T&Cs constitute the Membership Agreement between the Member and the MYM, each a “Party” or collectively the “Parties”.
In applying for the Membership, the Member agrees to be subject to these T&Cs and further warrants that the MYM may revoke the Membership at any time for the Member’s failure to abide by these T&Cs. By ticking “I accept the Membership T&Cs and formally apply for the Membership” and “I agree with the Privacy Policy” and clicking the “Submit” button on the Membership Application Form, the Member acknowledges and agrees to be bound by these T&Cs and pay the applicable Membership Fee.
The Member understands that the rights of the Membership, including the right to identify the Membership, begin only when the Member has been notified that the application for the Membership has been accepted by the MYM and the Membership Fee has been paid to the MYM, and only for as long as the Member is an active Member of the MYM.
3. TERM, RENEWAL TERM AND MEMBERSHIP FEE
The Term of this Membership Agreement commences on the Effective Date, the date when the Member submits the Application Membership Form and fully pays the required Membership Fee, subject to the LOA of the Member’s boat/yacht. The Term of this Membership Agreement shall be one (1) year.
As for the Membership, upon expiration of the Term, this Membership Agreement shall automatically renew for successive Renewal Term of equal length to the Term, unless the Member provides written notice of non-renewal to the MYM at the below listed address, at least thirty (30) business days prior to the end of the current Term or unless sooner terminated as provided in these T&Cs. If the Term is renewed for a Renewal Term pursuant to this Section, the T&Cs of this Membership Agreement during such Renewal Term shall be the same as the T&Cs in effect immediately prior to such renewal, subject to any change in the Membership Fee payable by the Member to the MYM during the applicable Renewal Term. If either Party provides timely notice of its intent not to renew this Membership Agreement, then, unless otherwise sooner terminated in accordance with its terms, this Membership Agreement shall terminate on the expiration of the current Term.
Unless the Member notifies the MYM before a charge of the Membership Fee that the Member wants to cancel or does not want to renew the Membership Agreement, the Member understands that the Membership will automatically continue for the Renewal Term and the Member authorises the MYM without notice to the Member, unless required by the applicable law, to collect the applicable Membership Fee, which is subject to modification without notice, and any taxes, using any eligible payment method that the MYM has on record for the Member.
4. SERVICES, FEES AND COSTS, TERMS OF PAYMENT
The MYM agrees to provide the Services associated with the Membership as may be identified from time to time by the MYM and described on the MYM website.
For the purpose of providing the Services, the Member concurrently authorises the MYM to collaborate with any entities, authorities, service providers, agencies or individual persons as the latter may from time to time select in order to provide the Services pursuant to this Membership Agreement.
In the course of providing the Services to the Member, the MYM may perform other related services, even if these related services are not specifically described on the MYM website.
The MYM shall exclusively control and direct the manner and means of performing the Services and determine the Fees and Costs for the Services.
Where the MYM’s fees do not apply as established fees, or where it expresses the fees as a range, the MYM’s fees will be calculated by reference to the value of the MYM work as reasonably determined by the MYM. In calculating that value, the MYM will take into account the time spent at the MYM’s per hour charge-out rates in force from time to time, the seniority of the personnel involved, the complexity of the matter, the monetary values involved, any specialist input, the degree of skill required, the level of responsibility, the degree of urgency and any other material factors. The MYM is entitled to recover payment of any expenses or disbursements incurred by the MYM. ‘Bona fide’ fee estimates or quotations are provided by the MYM for guidance purposes only and shall not constitute contractually binding commitments until confirmed by the Member.
The MYM has no control over the fees, costs and tariffs levied by the entities, authorities, service providers, agencies or individual persons and shall not be held responsible for any increase in such costs.
The MYM [and its employees] shall perform all the Services required under this Membership Agreement in compliance with all applicable laws, regulations, and in accordance with generally recognised practices, standards and procedures.
Any payments for the Services shall be made by the Member against requests for payment within not later than three (3) business days as from the date indicated on the relevant request. The MYM shall supply the Member with the receipt of such payments in due course. The MYM shall be under no obligation to pay any sums on behalf of the Member until all outstanding amounts are settled in full.
5. BENEFITS
The Member receives the Benefits associated with the Membership as may be identified from time to time by the MYM and described on the MYM website. Along with the Benefits, the Member receives a Discount on the MYM’s management fees, which is applicable to the Member only. The Member may receive additional Benefits related to the Membership.
6. NO REFUNDS
The MYM shall not be responsible for a refund of any fees, charges, dues and Cost of Services paid by the Member prior to termination of the Membership.
7. APPOINTMENT
The Member authorises the MYM to agree and pay on the Member’s behalf all the fees and costs which may be due to the entities, authorities, service providers, agencies and individual persons or for any other purpose related to the rendered Services and for which the MYM has received express authorisation in advance via email or other reliable electronic channels. Besides, the MYM shall be requesting the Member to sign and return in original the letter of authorisation to enable the MYM to pay the fees and costs, present necessary documentation and liaise with the entities, authorities, service providers, agencies and individual persons concerned on the Member’s behalf, however, the initially provided via electronic means authorization shall be binding on the Member in case the MYM initiates any services to be rendered whether by the MYM or by third parties.
8. MEMBER ACTS OR OMISSIONS
If the MYM's performance of its obligations under this Membership Agreement is prevented or delayed by any act or omission of the Member or its authorised representatives, agents, subcontractors, consultants or employees, the MYM shall not be liable for any costs, charges or losses sustained or incurred by the Member, in each case, to the extent arising directly or indirectly from such prevention or delay.
9. MEMBER BOAT/YACHT
It is expressly understood that the MYM does not accept any responsibility for the Member’s actions and consequences whilst a boat/yacht of the Member is in operation or not. Any fines which may be levied on the Member as a result of any contraventions and breaches shall be solely borne by the Member.
10. MEMBERSHIP CONDUCT
The Membership in the MYM may include benefits that help facilitate introductions/interactions with other MYM Members or third parties, and a license to the MYM Name and Logo as described herein. In the event the MYM receives any complaints from other Members or third parties regarding the Member’s conduct, actions, communications and/or activities related to the MYM in any way; such complaint(s) may result in immediate termination of the Membership by the MYM in its sole discretion.
11. MEMBER PORTAL
The MYM is developing the Member Portal which would allow the Member to manage the Membership in the MYM. The Member will use the Member Portal to administer the documents and other tasks associated with the Membership. Once the Member Portal is completed, the MYM shall provide the Member with administrative access to the Member’s account on the Member Portal. Whilst the Member Portal is not currently available for access, all administration options are available through the Personal Manager designated to the Member.
12. MEMBER USE OF MYM NAME AND LOGO
During the Term (or any Renewed Term) of this Membership Agreement, the MYM grants the Member a non-exclusive, non-assignable and non-transferable limited license to use the MYM Name and Logo for the limited purpose of conveying notice of the Membership in the MYM. The Member agrees that the MYM Name and Logo may not be otherwise used, copied, reproduced or altered in any manner. Nothing in this Membership Agreement, or in the Member’s use of the MYM Name and Logo, shall give the Member any rights whatsoever in the MYM Name and Logo, or in any similar marks, beyond the rights granted in this.
Upon any termination, expiration, cancellation or suspension of the Membership or the Term and/or Renewed Term of this Membership Agreement, the Member shall discontinue all use of the MYM Name and Logo. Furthermore, the MYM has an absolute right to terminate, cancel, suspend or withdraw the Member’s license at any time.
The MYM Name and Logo may not be used in any way to represent approval by the MYM of the content of media without prior written permission of the MYM. A copy of any proposed media content and/or design must accompany all requests for permission.
The MYM Name and Logo may not be used in any way to represent an endorsement or certification by the MYM of any product or service offered by the Member. Nothing in this Membership Agreement or in the Member’s use of the MYM Name and Logo shall confer any endorsement or approval of the Member’s products or services.
The MYM Name and Logo are the property of the MYM and may only be used by the Member during the Membership as specified above.
The MYM Name and Logo must always be a component of or accompanied by the words “Malta Yacht Management Member” or “MYM Member”.
The Member may display the MYM Name and Logo anywhere on the Member’s boat/yacht and/orwebsite at the Member’s primary internet domain name. The Member’s online use of the MYM Name and Logo shall be linked, at a minimum from the most prominent reference to the MYM Name and Logo on the respective page, to the MYM website at http://www.mym.mt (or such other address as shall be established).
The MYM Name and Logo are protected by trademark and copyright laws and, as well as other intellectual property laws and treaties and contain intellectual property exclusive to the MYM. All right, interest, title to, and ownership and intellectual property rights in the MYM Name and Logo and all copies remain with the MYM.
The Member is expressly prohibited from utilising the MYM Name and Logo for any purpose not permitted in this Membership Agreement, including copying the MYM Name and Logo, other than to make a single copy of the MYM Name and Logo in a machine-readable format for backup or archival purposes. The Member is permitted to make such copies for Member’s internal use only. The Member may not modify the MYM Name and Logo or create derivative works based upon the Name and Logo or any part of the MYM Name and Logo.
The Member may not distribute copies of the MYM Name and Logo to third parties. The Member must comply with all applicable laws regarding the use of the MYM Name and Logo.
The MYM reserves all rights not expressly granted.
13. PROFESSIONAL SECRECY AND CONFIDENTIALITY
All non-public, confidential or proprietary information of the MYM, including, but not limited to trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to the Member, pricing, and marketing, disclosed by the MYM to the Member, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “Confidential” in connection with these T&Cs is confidential information, and shall not be disclosed or copied by the Member without the prior written consent of the MYM. Confidential information does not include information that is: a) in the public domain; b) known to the Member at the time of disclosure; or c) rightfully obtained by the Member on a non-confidential basis from a third party.
All information regarding the Member’s business and affairs will be regarded as and kept confidential by the MYM at all times, save for the purpose of instructing and dealing with other involved parties acting on the Member’s behalf, or where the Member instructs the MYM to disclose or give consent to the disclosure by the MYM of the information, specifically or by implication, to a third party. The provision for permitted and obligatory disclosures of confidential information especially in the context inter alia of the MYM’s reporting obligations under primary and secondary anti-money laundering legislation or where such disclosures are required by other specific statutory enactments, by the courts or other competent law enforcement or regulatory authorities in certain circumstances contemplated by law.
The MYM’s identification and verification protocols may involve the conduct by the MYM of enquiries with independent sources of information.
14. DISCLAIMER OF WARRANTIES
The MYM makes no warranty whatsoever with respect to any Services or obligations arising under this Membership Agreement, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
15. LIMITATION OF LIABILITY
In no event shall the MYM be liable to the Member or to any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of the Membership Agreement, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not the MYM has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedies of its essential purpose.
16. TERMINATION
Either Party, in its sole discretion, may terminate this Membership Agreement at any time by providing at least thirty (30) business days prior written notice to the other Party. In case of termination by the MYM such termination shall be accompanied by notification of the cause for termination. In case of termination by the Member, the obligation of the latter to settle any outstanding amounts existing at the date of termination shall survive the termination and shall become due immediately without the right of any abatement with any judicial authority or court.
The Member may terminate the Membership by notifying the MYM by sending a registered mail at East Gate Offices, School Street, Msida, MSD 1613, Malta or by email at info@mym.mt.
In addition to any remedies that may be provided under this Membership Agreement, the MYM may terminate this Membership Agreement with immediate effect upon written notice to the Member, if the Member: (a) fails to pay any amount when due under this Membership Agreement [and such failure continues for seven (7) days after the Member's receipt of written notice of non-payment]; (b) has not otherwise performed or complied with any of the terms of this Membership Agreement, in whole or in part; or (c) as otherwise provided in these T&Cs.
17. WAIVER
No waiver by the MYM of any of the provisions of this Membership Agreement is effective unless explicitly set forth in writing and signed by the MYM. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Membership Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
18. FORCE MAJEURE
The MYM shall not incur any liability for any failure or delay in the performance of the obligations under this Membership Agreement arising out of or caused directly or indirectly by circumstances beyond our reasonable control (including, without limitation, Acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, terrorism, epidemics/pandemics, riots, interruptions, loss or malfunctions of utilities, computers (hardware or software) or communication services, accidents, labour disputes, acts of any civil or military authority or governmental action), provided however that the MYM shall use our best endeavours to resume performance as soon as reasonably possible.
19. ASSIGNMENT
The Member shall not assign any of its rights or delegate any of its obligations under this Membership Agreement without the prior written consent of the MYM. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves the Member of any of its obligations under this Membership Agreement.
20. RELATIONSHIP
The relationship between the Parties is that of independent contractors. Nothing contained in this Membership Agreement shall be construed as creating any agency, partnership, joint venture or other forms of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever, unless expressly stated in writing and accepted by the MYM.
21. INDEMNITY
The Member obliges itself to hold harmless, indemnify and keep indemnified the MYM, its directors, officers and employees thereof against any and all actions, suits, proceedings, claims, demands, pretensions, costs, fines, expenses, damages, losses and/or liabilities of any nature whatsoever which may be commenced, made, incurred, occur, arise or sought from or be taken against all or any of them in connection with the Services or arising therefrom, or from reliance upon any information or materials supplied by the Member (or by its authorized representatives), save for any fraudulent or grossly negligent act or omission on the part of the MYM and the directors and officers thereof. This indemnity shall also extend to any legal fees and other costs and expenses reasonably incurred by the MYM in order to protect or defend the interests of the MYM or the Member, until such time as the Member is able to provide written instructions in connection therewith. In this respect, the Member undertakes to provide the MYM with written notification of any material fact or circumstance which could have a bearing on any exposure or risk of increased exposure to claims for loss or damages or any other liability whatsoever against the MYM in providing the Services and generally to give such information as the MYM may require from time to time.
On another part, the MYM shall immediately notify the Member of any actions, suits, claims or proceedings that may be served upon them in writing.
22. NO THIRD PARTY BENEFICIARIES
This Membership Agreement is for the sole benefit of the Parties hereto, in furtherance of the management industry, and the Parties’ respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these T&Cs.
23. DATA PROTECTION
In addition to the MYM Privacy Policy, the Member acknowledges and agrees that the MYM is permitted to hold and process personal (and sensitive) information and data about the Member and or its authorised representatives, agents, subcontractors, consultants or employees and may use such information in the course of providing the Services. The Member agrees that the MYM may disclose such information to third parties, including where they are situated outside the European Economic Area, in the event that such disclosure is in view of the MYM required for the proper conduct of the Services.
24. GOVERNING LAW AND SUBMISSION TO JURISDICTION
This Membership Agreement shall be governed by and will be construed in accordance with the laws of Malta. The Parties agree that if there is a dispute between them, they will cooperate and negotiate in good faith to determine their respective rights and obligations. If no settlement can be reached in this way after a period of fifteen (15) business days, the dispute shall be subject to the exclusive jurisdiction of the courts of Malta. The language of the court proceedings shall be English.
25. SEVERABILITY
If any term or provision of this Membership Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Membership Agreement or invalidate or render unenforceable such term or provision.
26. SURVIVAL
The provisions of these T&Cs, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Membership Agreement.
27. AMENDMENT AND MODIFICATION
The MYM reserves the right to change this Membership Agreement and/or its T&Cs at any time and may eliminate the license granted herein with respect to the Member, the Member individually or all the Members collectively at any time. Any change to this Membership Agreement and/or its T&Cs shall be effective as of the date of posting to the website of the MYM or actual notice to Member, whichever is earlier.
28. QUESTIONS
Any questions regarding the Membership, Membership Application Form or this MembershipAgreement should be provided directly to the MYM via the following email: info@mym.mt
29. DATE OF ENFORCEMENT
These T&Cs are effective from 15 September 2021