Terms and Conditions
Article 1 – Applicability
These general terms and conditions (the “Terms and Conditions”) are used by Awayk B.V., Halderheiweg 25, 5282SN Boxtel, registered at the Dutch Chamber of Commerce under number 90742273 (hereinafter “Awayk”). The Terms and Conditions are applicable to and form an integral part of all discussions, offers, quotes, agreements, and other legal actions undertaken by Awayk in relation to a user of Awayk’s services (hereinafter: a “Customer”).
Awayk is based in the Netherlands. These Terms and Conditions are interpreted in accordance with and governed by Dutch law, as applied to contracts in the Netherlands. All disputes that may arise between Awayk and the Customer that cannot be settled amicably will be settled exclusively by the court of Oost-Brabant, location ‘s Hertogenbosch.
Should a competent court determine that a part, condition or provision of these Terms and Conditions must be considered invalid or unenforceable, then all other parts, conditions and provisions still remain in full force and are in no way affected, impaired or invalidated.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, Awayk’s liability in such jurisdiction shall be limited to the maximum extent permitted by law. There is no verbal or written representation, warranty, prior agreement or description of services, other than as expressed herein.
Article 2 – Definitions
The following definitions apply in these Terms and Conditions:
“Withdrawal period”: the period during which a Customer can make use of his right of withdrawal;
“Customer”: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
“Day”: calendar day;
“Digital content”: data that are produced and supplied in digital form;
“Durable medium”: every means – including emails – that enables a Customer or Awayk to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
“Right of withdrawal”: the possibility for a Customer to cancel a remote contract (overeenkomst op afstand) within the Withdrawal period;
“Remote contract”: a contract concluded between Awayk and a Customer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
Article 3 - New Terms and Conditions
Changes to these Terms and Conditions take effect when the new Terms and Conditions are posted on Awayk’s website.
Article 4 - Use of website
The content of the pages of Awayk’s website is for general information and use only. Awayk is entitled to process changes, updates and revisions to the website at its sole discretion, without any prior notification.
Neither Awayk nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. By using the website, the Customer acknowledges that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by governing law.
Although Awayk does its best to ensure that the information posted on the website is accurate, the use of any information or materials on Awayk’s website is entirely at the risk of the Customer. The information on the website is not meant as medical advice and shall not be treated as such.
The content available on the website of Awayk which includes information, data, text, graphics, logos, designs, images, videos, audio files, and other materials, is safeguarded by copyrights, trademarks, and other intellectual property rights. This content is the sole (intellectual) property of Awayk or is used by Awayk. The Customer is not granted any license or right to use the content on Awayk’s website, except as explicitly permitted in these Terms and Conditions.
Unless the Customer has obtained permission from Awayk in writing, the Customer agrees and undertakes not to download, store, save, make copies (including digital), modify, or reproduce any of the content on Awayk’s website.
Awayk’s website also includes links to other (third-party) websites. These links are provided for the Customer’s convenience to provide further information. They are not meant as any endorsement by Awayk to any of these (third-party) websites and/or related content. The Customer agrees and acknowledges that Awayk has no responsibility for the content of the linked website(s).
The Customer is prohibited from creating a link to the website of Awayk from another website or document without the explicit prior written consent of Awayk.
These Terms and Conditions are in the English language. If these Terms and Conditions are translated into any language other than English, the English language text shall prevail in the event of a conflict or difference between the English version and the translated version.
Article 5 – The offer
The Customer warrants and undertakes that any information about the Customer that will be provided to Awayk will be correct, accurate, and up to date. The Customer understands that it is for the well-being of the Customer to inform us when your medication or dosage changes before or during participation in our program.
If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services being offered to the Customer. Awayk is not bound by errors or mistakes in the offer.
By entering into an agreement with Awayk B.V. for purchasing a service, the customer acknowledges that:
The customer is at least 24 years old;
Agrees to take part and abide by these Terms and Conditions and other instructions given orally or in writing;
The customer confirms that all given information is up to date and fully accurate. The customer understands that if there is any change to the Customer’s personal or medical situation, the customer will inform Awayk B.V. immediately. Failure to do so could result in having to stop participation in the program prematurely, without any refunds;
The customer understands that Awayk B.V. is an experiential program based on psychological, anthropological, holistic and spiritual principles that may or may not benefit the customers’ personal growth.
The customer agrees to take responsibility for participation in the program;
The customer accepts that Awayk B.V. Mentors, Therapists and Hosts are not all licensed psychotherapists or psychologists;
The customer acknowledges that participation in the program and/or the use of the products is at the Customer’s own risk. The customer takes full responsibility for any injury, illness, property damage or loss.
The customer has read the information provided by Awayk B.V. on health, medication & other drugs. If the customer has a mental health issue and/ or other medical condition, then the customer will consult his or her MD before using the product or program.
Article 6 – The contract
The contract will be concluded when the Customer accepts the offer and the conditions thereby stipulated have been fulfilled.
If the Customer has accepted the offer electronically, Awayk will immediately confirm receipt of acceptance of the offer electronically. The Customer can dissolve the contract as long as this acceptance has not been confirmed by Awayk.
Awayk may obtain information – within statutory frameworks – about the Customers’ ability to fulfil the payment obligations, as well as about facts and factors important for the responsible conclusion of the distance contract. If that research gives Awayk proper grounds for declining to conclude the contract, then Awayk has the right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
Article 7 – Right of withdrawal
When purchasing products or services, a customer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. Awayk is allowed to ask a Customer for the reason for this dissolution, but the Customer is under no obligation to state his/her reason(s).
If the Customer cancels any reservation for a service provided by Awayk the following Cancellation or Rescheduling fees apply:
A customer who wants to exercise the right of withdrawal shall report this to Awayk, within the withdrawal period in written form.
If a Customer exercises the right of withdrawal, all supplementary agreements are legally dissolved.
Article 9 – Awayk’s obligations in a case of withdrawal
If Awayk makes it possible for a Customer to declare the withdrawal via electronic means, then after receiving such a declaration, the Customer sends immediate confirmation of receipt.
Awayk agrees to reimburse the Customer immediately with all payments, including any delivery costs Awayk charged for the returned product, though at the latest within 30 days after the day on which the Customer reported the withdrawal.
Article 10 – The price
During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
Article 11 – Limitation of Liability
As a customer, you acknowledge that the nature of our programs may involve a certain amount of personal risk. You hereby assume all such risks and do hereby release Awayk B.V. from all claims and causes of action arising from any damages or injuries or any other impact on your state of mind or physical well-being resulting from these inherent risks. Before your psychedelic experience, you are required to sign the Participant Agreement Document. This includes a statement to exclude the list of contra-indications. Please read this document carefully before signing.
In the event that you are injured while participating in our program, you agree to assume all financial obligations for any and all costs you incur. You acknowledge and agree that in no event Awayk B.V. is liable or responsible for any losses or liabilities arising out of your participation in this program.
Awayk B.V. disclaims all liability for any illness, injury, death, property loss or damage, caused by any provided misinformation by the customer to Awayk B.V.or caused by not (fully) following the guidelines and follow-up instructions provided by Awayk B.V. to the customer.
The customer is aware that due to the innovative services provided by Awayk B.V., the liability of Awayk B.V. is limited to reasonable direct out-of-pocket damages, actually incurred by the customer, with a liability cap of the amount paid by the customer to Awayk B.V. for the specific service(s) provided by Awayk B.V. to the customer. Awayk B.V. will not be liable under any circumstances for any indirect, special, punitive, accidental or consequential damages.
By using the content of this website or by participating in our program you acknowledge that we have no influence on your results because your experiences are based on subjective factors that are not under our control. Following information or recommendations from this website or our recommendations while participating in our program, is at your own risk. If you need professional medical advice, counseling or therapy, it is your responsibility to hire a recognized professional.
Article 12 - Waiver of liability and release
In consideration for participating in this program, you voluntarily assume full responsibility for and hereby release, waive, discharge, hold harmless, and covenant not to sue Awayk B.V., its founders, facilitators, volunteers, and other representatives (company party) for any and all claims, demands, actions, causes of action, and/or losses (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) whatsoever arising out of or in any way related to your travel to and/or participation in this program and/or any activities conducted in connection therewith, regardless of whether such liabilities are caused by the negligence of any company party or otherwise, and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, even if any company party has been advised of the possibility of such liabilities, to the fullest extent allowed by applicable law.
You further hereby agree to indemnify and hold harmless the company parties from any and all liabilities (including without limitation court costs and attorney’s fees) that one or more of the company parties may incur as a result of your participation in this program, whether caused by the negligence of any company party or otherwise (but excluding any gross negligence or willful misconduct of a company party), to the fullest extent allowed by applicable law.
Article 13 – Disputes
Contracts entered into between Awayk and a Customer and which are subject to these General Terms and Conditions are subject only to Dutch law. All disputes will be submitted exclusively to the competent court in s’Hertogenbosch, The Netherlands.
Updated: July 2023