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Terms and Conditions about the Use of this Website and the Purchase of Products and/or Services.

These Terms oand Conditions are entered into by You –  the User – and by PATRIZIA GUADALUPE GAJASCHI ACOSTA, owner of YMM Digital Consulting (in the following agreement as “Company” or “we” or “us”).

These terms and conditions are in addition to the Website Disclaimer, and govern your access and use of www.ymmdigitalconsulting.com (“Website”), including any content, functionality, course, resource, product and service offered and sold.

Your use of the Website is also subject to the Company’s Privacy Policy and Company’s Disclaimer. Please review our Privacy Policy and Disclaimer, which also govern the use of the Website and inform users of our data collection practices as well as warranties and limitation of liabilities.

Please read the Terms of Use carefully before you start to use the Website.

By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, Disclaimer and Privacy Policy.

If you do not want to agree with the Terms of Use, Disclaimer and Privacy Policy, you must not access or use the Website.

DEFINITIONS:

“We / us” means the service, product and content provider: YMM Digital Consulting in the name of PATRIZIA GUADALUPE GAJASCHI ACOSTA. 

“You” means:

  • the individual using the Website, its resources, services and contents;
  • and/or the individual purchasing the provider’s products and services.

“Website” means www.ymmdigitalconsulting.com

1. Use and Access to the Website

 To access the Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website / Content Platform, or the entire Website / Content Platform, to users, including registered users.

2. Liability & warranties

The services available through this Website as well as the products and the services sold by us are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. 

Although we aim to provide our services, resources and content to the highest standards of the industry, neither us, nor our trainers, employees and partners of any kind accept any liability for: (i) any inaccuracy or misleading information provided in our services, resources or content, and any reliance by Client on any such information; (ii) any loss or corruption of data, (III) any loss of profit, revenue, goodwill, reputation or any other kind of economic advantage, (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement, (v) any death, disability, personal injury, student injury, illness and/or deterioration of pre-existing medical conditions caused by our services and/or content and/or resources included in those services. We also recommend you to take a physical examination with your doctor before performing any physical activities.

By using this Website and its resources and/or by purchasing and using our products or services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources and/or services available on this Website and/or the products and services you have purchased from us. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website or through our products and services. You agree to defend, indemnify and hold harmless Patrizia Guadalupe Gajaschi Acosta or YMM Digital Consulting, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials. 

Our total liability arising from or in connection with these terms of use and in relation to anything which we may have done or not done in connection with these terms of use and the delivery of our content, resources and products or services (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant content, resource, service or product in relation to which a dispute has arisen.

We don’t provide legal advice meaning that you should always seek professional advice when it’s a matter of complying with the legislation. For this reason, we will not accept any liability with regard to this matter.

Except to the extent that they are expressly set out in these terms of use, no conditions, warranties or other terms shall apply to our content, resources and services.  

No claim may be brought more than one month after the last date on which the services concerned have finished or ceased to be provided by us.

YMM Digital Consulting also makes no warranty that: 

(a) the site or the materials will meet your requirements;

(b) the site or the materials will be available on an uninterrupted, timely, secure, or error-free basis;

(c) the results that may be obtained from the use of the site, or any materials offered through the site, will be accurate or reliable;

(d) the quality of any products, services, information, or other material purchased or obtained by you through the site or in reliance on the materials will meet your expectations. Any materials obtained through the use of the site is done at your own discretion and risk.

3. No guarantees as to results 

We expect you to confirm that the products and services, contents and resources you are purchasing, downloading or making use of will meet your needs.  We do not make any guarantee to you that you will obtain a particular result (such as but not only in terms of income, revenue, number and amount of sales, leads and clients) professional qualification, professional accreditation or employment opportunity from downloading, using, purchasing and completing any of our products and services, contents and resources.

You recognize that prior results do not guarantee a similar outcome as well as your ultimate success or failure will be the result of your own efforts, your particular situation, your products and services, personal resources and any other circumstances beyond our control and/or knowledge.

4. Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, its services, contents and resources strictly in accordance with these Terms of Use.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website and the Content Platform, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of services, contents and resources available for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the services, contents and resources available in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of services, contents and resources available from the Website.

The Company content is not for resale.

Your use of the Website or any of the services, contents and resources available for download or purchase from the Website and the Content Platform does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.

In particular, you are not authorised to:

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the services, contents and resources available on this website and on the product and service content and documentation without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the services, contents and resources;

(iii) use the services, contents and resources in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of YMM Digital Consulting on the services, contents and resources available on the Website and on the content and documents related to our product and services;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the website.

Breach by you of one of these clauses shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any product and service, contents and resources. 

5. Purchase and Use of Products, Services and Online Courses.

A description of the products, services and/or online courses together with the dates on which they will begin are available on our Website and marketing materials.  We will provide the products, services and/or online courses with reasonable care and skill in accordance with their description. We reserve the right to vary or withdraw any of the products, services and/or online courses described on the Website and marketing materials without notice.

In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the products, services and/or online courses for the sole purpose of completing the product, service and/or online course.

By purchasing and/or using our products and/or services and/or online courses available on our Website and marketing materials, you agree that the services you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By purchasing and/or using our products and/or services and/or online courses available on our Website and marketing materials, you further agree that you shall not create any derivative work based upon the products, services and/or online courses and you shall not offer any competing products, services and/or online courses based upon any information contained in our products, services and/or online courses.

Any product, service and/or online course provided by us under these terms of use are personal to you and cannot be transferred or assigned to any other person.

When you place an order for a product, service and/or online course via the you are offering to purchase them according to these Terms of Use. 

Following receipt by us of your order for Services via the Website and Content Platform we will contact you confirming receipt of your order.

A legally binding agreement between us and you shall come into existence when we have:

(a) received payment of the relevant Fees from you;

(b) and accepted your offer to purchase a product and/or services and/or online course from us by sending you an email confirming the purchase.

We reserve the right to cancel or decline your order or any part of your order at any time until it has been fully paid, accepted and confirmed as above.

Each product and service can only be sold by accepting a specific agreement, meaning that it is required from you a prior acceptance of our general contracting conditions. 

6. Payment, Cancellation and Refund Policy

a. Strategy coaching and consulting agreements 

  • Our Coaching and Consulting Services are highly personalized. Therefore, we will agree a payment and refund schedule as part of our agreement. Please refer to your documents.
  • 25% payment of the total fee of the product or service is always requested upon booking and is not refundable. Once you have purchased any of our products and/or services and/or online courses, and you have paid such 25% payment, you are not entitled to cancel your order.
  • Refunds apply only to those sessions that have been paid but not been used yet.
  • When the full or partial payment is not updated, YMM Digital Consulting reserves the right to suspend or cancel the service until such payment is complete or updated.
  • It is always our intention to offer high quality services that leads to full satisfaction. If you ever are not fully satisfied, we trust you will share any concerns with us so we can remedy the situation.

b. Programs with minimum participant numbers 

  • YMM Digital Consulting may offer programs that require a minimum participant number in order for the program to proceed. Should the minimum participant number not be achieved, we will give you the option of a transfer to the following program or to receive a full refund if such an alternative is not available or desirable to you

 c. Marketing services agreements

  • 50% payment is requested upon booking and is not refundable.
  • The other 50% is due prior the final delivery of the product or service. If the balance is not settled, YMM Digital Consulting may decide NOT to deliver the service.
  • The delivery of the service may vary time to time and according to the type of service requested. Timing and modalities of delivery are therefore personalized and will be agreed directly with the client.
  • No refund policy applies for the realization of marketing services. 

7. Fees and prices

The Fees for products, services and/or online courses may vary from case to case, and might be set at the time of a quote.

Unless otherwise specified at the time of your purchase, the fees are inclusive of VAT. You are responsible for the cost of some of the product / service /course Materials (i.e. manual and/or PDF printing). You shall also be responsible for all costs you incur in connection with your access onto any online course, service, product and resource (i.e. internet connection). 

Fees must be paid in full prior to you accessing any product, service and/or online course, unless we agree differently in writing.

Fees for the product and/or service and/or online course available on our Website and Content Platform selected and purchased by you on the Website and/or Content Platform shall be debited from your credit / debit card / PayPal account at the time of purchase.

Any fees charged by your debit or credit card provider in connection with your purchase of any product, service and/or online course are for your own account and we shall not be responsible for these.

All Fees are exclusive of any amounts payable to any professional body for registration and accreditation. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam or register with the relevant professional body or examination.

Prices and fees may change at any time at our sole and exclusive.

We do not provide price protection or refunds in the event of price reduction or promotional offers. 

8. Free initial consultation

We offer first time customers / companies an initial free consultation which consists of a 45 minutes session without any obligation. After this session, if the customer / company wants to continue to use our consulting, coaching or marketing services, they will necessarily have to purchase one of our products and services for a fee that will be agreed case by case. The free consultation will only be offered once per customer / company, for this reason, we reserve the right to refuse to deliver it if we believe a customer / company has already benefited from it or is trying to take any advantage from us.

9. Payment process

Our website uses a HTTPS security protocol, validated by an SSL certificate, that keep your payment secure.

When you make a purchase, we use a third party payment processor such as Stripe or Paypal.

Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.

10. Confidentiality

Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms of use, and shall return it on demand and not retain copies of it.

Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

This clause shall continue notwithstanding termination of these terms of use.

11. Termination

We shall be entitled to terminate these terms of use and cease to provide you with any product, service and/or online course with immediate effect in the event that you:

  • fail to pay when due your Fees;
  • act in an aggressive, bullying, offensive, threatening or harassing manner towards any of our employee;
  • cheat or plagiarise any work which you are required to prepare or submit in connection with the product, service and/or online courses or during any examination taken in connection with the product, service and/or online course;
  • steal or act in fraudulent or deceitful manner towards us, or our employees or any other students;
  • intentionally or recklessly damage our property, including intellectual property, or the property of our employees or other students attending our premises;
  • commit any criminal offence;
  • are in breach of these terms and conditions.

On termination of the delivery of a product and/or service and/or online course, clause 2 (Liability), 3 (No Guarantees As To Results), 4 (Intellectual property rights), 8 (Confidentiality) shall continue notwithstanding such termination.

12. Entire Agreement

These terms of use, together with the Website Disclaimer and Privacy Policy are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. 

13. Force Majeure

We shall not be liable to you for any breach of obligations or termination under these terms of use arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other calamities, terrorism, strikes, delay caused by transport disputes, technological failures (i.e. internet connection availability or interruption), failure to provide a course caused by a death in the trainer’s family, illness of the trainer, government edict or regulation.

14. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

15. Data Protection

The nature of the products, services and/or online courses provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”).

This statement sets out the principles governing our Use of Data.

By purchasing the products, services and/or online courses, using our content or downloading our resources you agree to this Use.

When you purchase and/or download and/or register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the products, services and/or online courses you have purchased / resources you have downloaded as required during the normal provision of the course.

We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you decide to withdraw your consent, provide you with communications.

To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

We endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

If you wish to change or update the data we hold about you, as well as to withdraw your consent and opt-out from our communications please e-mail

info@ymmdigitalconsulting.com

Check our Privacy Policy for full details about data.

16. Law and Jurisdiction

This Agreement is subject to Mexican law and the parties submit to the exclusive jurisdiction of the Mexican courts in connection with any dispute hereunder.

17. Notices

You can contact us by any of the following methods:

Email: info@ymmdigitalconsulting.com