These terms of use – that may be amended at our discretion – apply to all our services that are provided to you online directly or indirectly. By browsing our website, making use of our website and/or making a reservation through our platform you acknowledge and agree that you have read the below terms of use and you agree to these terms of use. We advise you to carefully read the terms of use, so you fully understand the rights and obligations you have in relation to your use of the platform.
General:
- These terms of use ("Terms of Use") apply to every use made of the platform. On the platform, you can book retreat experiences and individual counseling sessions.
- If you keep using the Platform after the Terms of Use have been amended/supplemented, you unconditionally agree to the amended/supplemented Terms of Use. If you do not wish to accept the amendments and/or supplements, your only remedy is to cease using the Platform.
- To the best of its ability, Healing Connexions will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use ("as is" and "as available"). Each and every use of the Platform is for your own risk and responsibility.
- Healing Connexions is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.
Prices & Payment:
- Healing Connexions charge their own fees for counseling services and retreat experiences.
- The price displayed will be the amount you are due for the relevant Reservation. The Platform can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. The Platform can charge the user a suitable conversion charge for this.
IP Rights:
- All intellectual property rights relating to the Platform, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow ("IP Rights"), are owned by Healing Connexions, its licensors or our Organizers. Nothing in these Terms of Use constitutes the transfer of any IP Rights from Healing Connexions to you. You are solely granted a right to use the Platform if you act in accordance with the Terms of Use.
- By uploading reviews and other content, you grant Healing connections a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.
- You indemnify Healing Connexions against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the information you submitted.
Privacy:
- In order to make use of the Platform it is required that you provide Healing Connexions with personal information such as your name and e-mail address. The provision of this information is subject to legislation in respect of privacy, such as the Dutch Personal Data Protection Act ("Wet bescherming persoonsgegevens"). Healing Connexions only uses your personal data in accordance with the Privacy Policy.
- In order to submit a Request or make a Reservation, you may be required to provide personal data to Healing Connexions. The Organizer is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by an Organizer.
- In other words:
"We take your privacy very seriously. We only gather (personal) data for the purpose of providing you the service you need. We take appropriate measures to safeguard your personal data. After making a reservation the trip organizer is responsible for handling of your personal information.
Liability
- Healing Connections' liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only and shall not exceed the amount of USD 500 in a contracting year per event (a sequence of events will be regarded as one event).
- Direct damage shall solely mean:
- Damage to property;
- Reasonable expenses incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based, and
- reasonable costs incurred in determining the cause of the damage.
- Any liability on Healing Connexions part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
- In case you made a Reservation or booked an Experience through our Platform and you did not inform us immediately – in every case within five (5) working days and under no circumstances after the date of arrival – about such act outside our Platform, Healing Connexions will no longer accept any liability with regard to the Platform or any services provided in relation to the Platform.
- The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Healing Connexions or its managers ("own actions").
Warranties and indemnifications
- Except as expressly provided in these Terms of Use, Healing Connexions makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform. Furthermore, Healing Connexions does not guarantee that the Platform shall lead to a successful travel experience or to the achievement of any skills, levels and/or experiences related to a particular travel experience.
- The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations is the sole responsibility of you. You indemnify Healing Connexions from all claims submitted by an Individual or a third party that relates to Reservations made by you with that specific Organizer, as well as to the payment of such Reservations. However, Healing Connexions will provide assistance to you to the best of its abilities in case any issues arise in order to resolve those issues.
- Notwithstanding the abovementioned, Healing Connexions guarantees that you get a refund of what you have paid i) when you cancel your Reservation in conformity with the Organizer’s terms and conditions regarding cancellation, and ii) when your stay is in fact shorter than what was offered by the Organizer in the Experience Offer.
- You guarantee that you will not use the Platform in a way that:
- infringes the rights of Healing Connexions or third parties such as other users or Organizers, including but not limited to IP Rights or rights in relation to the protection of privacy;
- is contrary to any current legislation or regulations; or
- is contrary to any provision in these Terms of Use.
- In other words:
"Sometimes it is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility."
Unlawful content
- Healing Connexions is not responsible for any content made available on the Platform. Healing Connexions will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
- Healing Connexions has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Healing Connexions. This can be done by flagging the specific content as unlawful, whereupon Healing Connexions shall receive a notification.
- Healing Connexions reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Healing Connexions can request a court order from a competent court in Colorado to determine whether the material or the activity is unlawful and should be removed.
- Healing Connexions will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
- The person that has reported unlawful content indemnifies Healing Connexions from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Healing Connexions suffers, could suffer or which Healing Connexions incur in relation to such a claim, including but not limited to the compensation of legal assistance.
- Healing Connexions respects and protects the privacy of those who report (alleged) unlawful content. All personal data Healing Connexions receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
- In other words:
"In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content and we may remove or block access to that content."
Applicable law and competent court:
- The Terms of Use and the use of the Platform are governed by US law. Any and all disputes arising from or related any agreement between Parties will be brought before the competent court in Colorado.
- Healing Connexions may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this.
- If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
- These Terms and Conditions and the use of the Platform are governed by US law.
- Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in Colorado.