Last Updated: January 29, 2025

My First Mate Ltd. (“My First Mate”, “we”, or “our”) mission is to provide you, as a skipper, with a set of products and services to upgrade the sailing vacation and to create unforgettable sailing adventures by simplifying planning, offering support, and providing personalized guidance. From choosing destinations to ensuring safety, we make your journey seamless and stress-free.

This Standard Terms And Conditions (the "Agreement") set forth the terms and conditions governing the services provided by My First Mate such as rental of skipper equipment and rental or purchase of associated materials and services from My First Mate’s e-commerce platform available on our website at https://store.myfirstmate.pro/policies/terms-of-service ("Website") and mobile application (collectively, the "Platform" or "Services"). Any conflicting terms in a Customer-provided document (e.g., acknowledgment forms or correspondence) are expressly rejected.

BY USING THE PLATFORM OR BY EXECUTING AN ORDER FORM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DON'T ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THE PLATFORM.

My First Mate reserves the right to modify this Agreement at any time by posting the modified Agreement on our Platform. Such modifications will be effective one (1) day after posting and will apply to any new Order Form placed thereafter. Existing Order Form in effect on the date of posting will continue to be governed by the terms of the Agreement in place at the time of their execution. By continuing to use our Services, you agree to be bound by the updated terms for any future Order Form.

Definitions.

"Customer" or “you” means the individual or entity whose name appears on the Order Form.

"Item" means any skipper equipment, product or associated materials or services that rental or purchase by Customer through the Platform.

"Order Form" means the online order that specifies the Items and/or related Services ordered via the Platform pursuant to this Agreement. Order Form will include, inter alia, the departure date, the return date, applicable marina, the Items and pricing details.

"Service Providers" means the provider of an Item including but not limited to: the owner of the rental Item (such a yacht rental company), food delivery business and etc.
Order Form – General Provisions

Customer may place Order Form on the Platform and consents to being contacted by My First Mate via email, phone or messaging for clarifying order details and coordinating arrangements upon arrival at the marina.

We reserve the right to change or refuse any Order Form (or part of it) Customers place with us, including but not limited, Order Form that in our sole judgment, appear to be placed by dealers, resellers or distributors. We may, in our sole discretion, limit or cancel Order Form. In the event that we make a change to or cancel an Order Form, we will notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate rental and account information for all rentals made through our Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Rental Items – Booking, Cancellations and Amendments

This Agreement governs the booking process for rentals Items. However and without derogating from the provisions under in Section ‎6 below, the rent itself and the use of the rental Items shall remain subject to the terms and conditions of the Service Providers. Notwithstanding the foregoing, Customer shall not contact the Service Provider or manufacturer of any rental Items without My First Mate’s prior written authorization.

The fee for the rental is calculated on a weekly basis unless stated otherwise on the Platform, with the applicable price per week specified in the Order Form or on our Platform ("Rental Fees"). Subject to Customer's payment of the applicable Rental Fees, Customer shall have the right to use such rental Items in accordance with the terms hereof for the period specified in the applicable Order Form (the “Rental Period”).

Customers can update their requested rental Items in the Order Form up to 7 days before the beginning of the Rental Period. Any requested changes within less than 7 days prior to the Rental Period require express written approval from My First Mate and may incur a fee as determined by My First Mate.

Customer-Initiated Cancellation.

Cancellation More Than 7 Days Before the Rental Period. You may cancel your rental Items booking without incurring a cancellation fee, provided the cancellation occurs at least 7 days prior to the beginning of the Rental Period.

Cancellation Within 7 Days of the Rental Period. If you cancel your rental Items booking less than 7 days prior to the beginning of the Rental Period, you will be charged a cancellation fee specified by My First Mate, which will be deducted from any prepayments made. If no prepayment was made, the fee will be charged to the payment method on file.

Purchased Items of Third party

Our platform allows you to purchase services or products from various Service Providers, including but not limited to, food delivery business, attractions providers and etc.

By purchasing third-party services or products through the Platform, you agree to comply with the applicable terms and conditions of such third-party providers, including but not limited to terms related to shipping, returns, cancellation, usage, warranties, and limitations of liability. We’re not a party to the terms between you and the Service Provider. Your use of such third-party services or products is governed by the terms and conditions of the relevant third-party provider, and we are not responsible for the availability, accuracy, or content of such services or products.
Delivery of Rental Items.

My First Mate will make efforts to deliver rental Items directly to the marina berth from which the Customer is departing and in accordance with the Order Form. If such delivery is not possible, rental Items will be delivered to the marina of departure as specified in the Order Form, and the Customer may need to collect the rental Items from a designated location at the marina, in accordance with instructions provided by My First Mate. Delivery shall be free of charge.

The Customer shall fully cooperate with My First Mate to facilitate delivery. Subject to such cooperation, My First Mate shall make commercially reasonable efforts to meet the quoted delivery dates in the Order Form.

My First Mate will use commercially reasonable efforts to supply ordered rental Items, however, Customer acknowledges that all orders are subject to availability and that by placing an Order Form, it is not guaranteed to receive the requested rental Items. My First Mate will make reasonable efforts to promptly inform Customer regarding any inability to provide an rental Item, and Customer will receive a full refund for rental Items not provided for any reason, including force majeure.
Use of Rental Items.

Customer agrees to use the rental Items responsibly, with reasonable care, and according to their instructions and guidelines (if any), and to return the rental Items in the condition in which they were provided, and in their original packaging. The Customer agrees to use the equipment in compliance with all applicable laws and regulations, only for their intended purpose and in compliance with this Agreement.

The Customer shall report any malfunction or damage to My First Mate immediately upon becoming aware thereof, and in any event, prior to the end of the Rental Period. Customer acknowledges that failure to report such issues may result in additional fees.

Customer shall not remove, alter, or deface any of the trademarks, trade names, logos, patent or copyright notices or markings, or other proprietary legends on or in, or add any other notices, markings, or legends to, the rental Items.

Customer acknowledges and agrees that they are fully responsible for the operation and use of the Rental Items during the Rental Period. My First Mate shall not be held liable for any damages, injuries, losses, or accidents that may occur as a result of the Customer's use or misuse of the rental Items. The Customer assumes all risks associated with the operation of the rental Items and agrees to indemnify and hold My First Mate harmless from any claims, liabilities, or expenses arising from such use, except to the extent caused by My First Mate's gross negligence or willful misconduct and subject to section ‎12 below.
Return of Rental Items.

Upon termination of the Rental Period, the Customer shall return the rental Items to a specific point in the marina ("Collection Point"), in accordance with instructions provided by the My First Mate.

No less than 7 days prior to the end of the Rental Period, Customer must notify My First Mate of the expected arrival time at the marina for the rental Items to be collected by My First Mate. In the event that the customer fails to return the rented items to the designated Collection Point within 14 days following the end of the Rental Period without prior written approval from My First Mate, the Customer shall be charged a late return fee calculated on a daily basis as specified in the Rental Order (or otherwise by My First Mate) or the full cost of replacing the rental Items with newly purchased ones, at My First Mate’s discretion.

The Customer is fully responsible for any loss, theft, or damage to the rental Items during the Rental Period and shall compensate My First Mate or the Service Provider (at My First Mate’s discretion) for any loss of or damage to the rental Items. No loss, theft, or damage shall relieve the Customer of their obligation to pay the agreed-upon Rental Fees. The Customer must notify My First Mate in writing promptly upon becoming aware of any loss, theft, or damage.

Fees and Payment Terms.

The Fees will be invoiced and paid in accordance with the payment terms set out in the Order Form. Unless the Order Form or this Agreement expressly provides otherwise: (a) Fees are non-refundable, non-cancellable, and are without any right of set-off except for inability to complete the delivery or the Rent as contemplated in Section 3.4 hereinabove; and (b) Fees are charged immediately after placing the Order Form.

Overdue payments shall accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law. In the event of late payment, the Customer will also be responsible for all costs associated with collecting the outstanding amounts, including reasonable attorney fees.

All prices set forth on our Platform and in any Order Form are exclusive of all duties and taxes, such as, without limitation, sales, use, excise or value-added taxes, and withholding taxes, and other government assessments (collectively, “Taxes”), and the Customer shall be responsible for all Taxes (except taxes on My First Mate's net income). The prices represent the net amounts to be retained by My First Mate free of any liability for withholding or deduction, and shall, if applicable, be grossed-up accordingly.
Ownership.

My First Mate retains full ownership of the Rental Items provided to the Customer under this Agreement. Any unauthorized transfer, modification, or use of the Rental Items is prohibited.

As between the parties, My First Mate retains full ownership of all feedback provided by the Customer regarding the rental Items and/or the Services, including any ideas, suggestions, or input for improvements. Customers acknowledge that such feedback will not confer any rights to the Customer over the rental Items, Services or My First Mate’s operations.
Confidential Information. In connection with the use of the Platform and Services, each Party may have access to certain non-public information and materials of the other Party (the "Confidential Information"). Each Party agrees to take reasonable measures, at least as protective as those taken to protect its own Confidential Information, but in no event less than reasonable care, to protect the other Party's Confidential Information from disclosure to any third party. Neither Party shall use Confidential Information of the other Party except as necessary for the performance of its obligations under this Agreement or as required by law.
Platform.

Subject to the terms and conditions of this Agreement, My First Mate hereby grants Customer a limited, worldwide, non-exclusive, non-sublicensable, non-transferable and revocable right and license to use and access the Platform and the Services. Customer may use the Platform and the Services subject to the use limitations specified in this Agreement and applicable laws and regulations.

The Customer may not, directly or indirectly: (i) sell, assign, lease, rent, distribute, market, sublicense, or otherwise transfer any software within the Platform; (ii) modify, adapt, translate, or create derivative works of, reverse engineer, decompile, disassemble, or derive or attempt to derive the source code or underlying algorithms or ideas of any software within the Platform by any means, except and only to the extent that such activity is required to be permitted by applicable law notwithstanding this limitation and is not subject to contractual waiver; or (iii) use any software within the Platform in a time-sharing or service bureau arrangement, or in any unlawful manner.

In order to access the Platform and/or Services, you may be required to set up an administrative account with us, by submitting the information requested during such account set-up process ("Account"). You warrant that all information submitted during the registration process is, and will thereafter remain, complete and accurate. For more information on how we handle your personal data, please refer to our privacy policy https://store.myfirstmate.pro/policies/privacy-policy.

You shall be responsible and liable for all activities that occur under or in the Account. Any unauthorized access or use of the Platform and/Service must be immediately reported to My First Mate.

As between the Parties, My First Mate is, and shall be, the sole and exclusive owner of all intellectual property rights in and to: (a) the Platform, Service and all related software and intellectual property; and (b) any and all improvements, derivative works, and/or modifications of/to the foregoing, regardless of inventorship or authorship with relation the Platform and/or Services.
Termination.

We reserve the right to terminate or suspend your access to the Platform, including during an ongoing Order Form or Rental Period, at any time and at our sole discretion. Reasons for such termination may include, but are not limited to, breach of this Agreement, misuse or failure to comply with the terms of the rental Items, or non-payment of applicable Rental Fees. In the event of termination during the Rental Period, you are required to return the rental Items in accordance with Section 5 of this Agreement and will remain responsible for any outstanding fees, damages, or charges as specified herein.

The obligations under Sections 6 (Payment Obligations), 7 (Ownership of Rental Items), 8 (Confidentiality), 4.4 and 12 (Liability and Indemnification) shall survive termination or cancellation of this Agreement, including any outstanding payments, confidentiality protections, ownership rights, and limitations of liability or indemnification obligations.
Disclaimer of Warranties.

WE DON'T MAKE ANY PROMISES ABOUT SERVICE PROVIDERS' RENTAL ITEMS, PRODUCTS AND SERVICES APART FROM WHAT WE EXPRESSLY STATE IN THIS AGREEMENT.

THE RENTAL ITEMS, PLATFORM AND SERVICES AS WELL AS ANY OTHER ITEMS PROVIDED OR MADE AVAILABLE BY MY FIRST MATE, ARE PROVIDED AND MADE AVAILABLE TO THE CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY MY FIRST MATE AND ITS SUPPLIERS. WITHOUT DEROGATING FROM THE ABOVE, IT IS ACKNOWLEDGED THAT NEITHER THE RENTAL ITEMS, PLATFORM, SERVICES NOR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY MY FIRST MATE ARE FAULT-TOLERANT OR DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, AND MY FIRST MATE EXPRESSLY DISCLAIMS ANY LIABILITY OR EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE.
Limitation of Liability

IN NO EVENT SHALL MY FIRST MATE, ITS AFFILIATES, OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT, FOR: (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES; (2) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; (3) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.

THE COMBINED AGGREGATE LIABILITY OF MY FIRST MATE AND ALL ITS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE RENTAL FEES PAID BY THE CUSTOMER UNDER THE ORDER FORM TO WHICH THE LIABILITY RELATES.

THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF MY FIRST MATE OR ONE OF ITS AFFILIATES HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (B) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY).
Marketing. If you have opted in, we will notifying you about offers and services that may be of interest to you and tailor content, advertisements, and offers for you. You may choose not to receive marketing materials using the unsubscribe link included in the marketing material, and we will process your request within a reasonable time after receipt.
Third Party Links and Platforms. The Platform may contain links to third-party websites or platforms, including but not limited, Shopify as the e-commerce platform provider. These links are provided solely as a convenience to you and do not imply an endorsement by us of any third-party website or platform. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or platforms. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or platforms. Your use of any third-party website or platform is at your own risk and is subject to the terms and conditions of use and privacy policies of such third parties. We encourage you to review the terms and conditions of use and privacy policies of any third-party websites or platforms you visit.
Relationship. My First Mate is not your agent. You are not My First Mate’s agent. My First Mate is not your joint venturer or partner. My First Mate has no fiduciary relationship with you.
Governing Law and Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of Cyprus, without regard to its rules of conflict of laws. The Customer and My First Mate hereby consent to exclusive jurisdiction and venue in any and all disputes or claims hereunder in the competent courts located in Larnaca, Cyprus. The United Nations Convention on Contracts for the International Sale of Goods shall not apply and is hereby disclaimed. Notwithstanding the foregoing, My First Mate shall be entitled to seek equitable relief in any court worldwide that has competent jurisdiction.
Entire Agreement. This Agreement together with the Order Form represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous oral or written understandings and statements by the parties with respect to such subject matter.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of this Agreement shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
Waiver. No failure or delay on the part of any party hereto in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Force Majeure. Except as provided in section ‎3.3 above, My First Mate shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond My First Mate’s reasonable control.

My First Mate Stadard Terms And Conditions