Terms and Conditions

1. INTRODUCTION

 

1.1     These Terms of Conditions (hereinafter referred to as “Terms” or “Terms and Conditions”) are brought by the individual business WELL AWAKE, Kvk no: 91233682, incorporated under the laws of The Kingdom of the Netherlands, and are related to the website www.well-awake.com (hereinafter referred to as “Website”, “our”, “we”, “us”). 

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1.2     Please read these Terms and Conditions (hereinafter referred to as the “Terms”) carefully. They represent the legally binding agreement between you and WELL AWAKE and govern the use of the Website, including the registration process for a seat in the course of Integral Meditation (hereinafter referred to as “I.M.”). If you use the Website and/or use the Services, as defined in these Terms, you agree that you have understood and accepted these Terms of the Agreement.

 

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2. SERVICES AND INCORPORATION

 

2.1     WELL AWAKE through its Website offers registration for a seat at the course of Integral Meditation (hereinafter referred to as “Services”). Under the term “registration” we refer to the process of registering and purchasing a seat at the Course by a Website Visitor.

 

The Website may also contain other content including text, tips, and photos (hereinafter referred to as “Content”) available to visitors. The Content is protected by copyright and other intellectual property laws belonging to the WELL AWAKE or its business partners. You are not allowed to use it without the prior explicit written permission given by WELL AWAKE. 

2.2     WELL AWAKE may have to make changes from time to time to the Services, pricing, and policies. The Visitor is responsible for the compatibility of its use of the Website and Services with the then-current Website and Service description and policies. WELL AWAKE may in its reasonable discretion suspend or discontinue any or all of the registration, or amend policies by posting a notice within the Website or by sending a notice to the Customer who already completed a registration, through an appropriate means of electronic communication associated with the Customer or otherwise known to WELL AWAKE. Otherwise, it is your responsibility to keep yourself informed about all changes to the Services or the policies.

 

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3. USE OF THE WEBSITE AND SERVICES

 

3.1     To register for the I.M. course, you should take the following steps:

 

I.    Fill out and submit the Registration form available on the Website. To be able to submit the Registration form, you are required to enter your personal data in all fields marked with an asterisk (*), as well as confirm you have read these Terms. The type of personal data we collect can be found in our Privacy Policy.

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Information about your exact time (date, hour, and minute) of birth is necessary for the I.M. instructor to be able to personalize your meditation. In the event you have not provided such information (by clicking “I am not sure” in the Registration form), Well Awake will get in contact with you to provide support, if required.

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II.    Upon successful form submission, you will receive an email from us - morana@well-awake.com with the payment instructions.

 

III.    Conduct the payment, depending on the selected option in the Registration form: 

Option 1) Payment of the course price in full, or,

Option 2) Payment in two installments, each 50% of the course price. 

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Payment of the second installment must take place latest 30 days after payment of the first installment. Irrespective of the chosen option, payment in full must be completed latest by October 30th, 2024. Failure to do so will result in the cancellation of the registration, without the right to refund any previously made payment.

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Until the payment is made in full, the seat in the Course can not be confirmed and guaranteed.

 

IV.     Upon receipt of payment in full, you will receive your Course seat confirmation email from us - morana@well-awake.com. A respective invoice will be issued to you upon your request.

 

Your personal data provided during the registration will be saved for as long as our Website is active and it may be deleted upon request by sending an email to morana@well-awake.com with the email subject “Delete my data”. 

3.2  You agree that, once the Personal data have been entered via the registration form, regardless of whether the use of them is unauthorized or fraudulent, you will be liable for any registration made through the Website, save where the registration is cancelled by you under these Terms.  

 

3.3    You agree that you will not in any way use any device, software, or another instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, another automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized WELL AWAKE representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

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3.4   You may not use the Website to distribute defamatory material, that is offensive, contains or amounts to hate speech, or is otherwise unlawful. You may not in any way display, publish, copy, print, post, or otherwise use the Website, Content, and/or the information contained therein without the express prior written consent of an authorized WELL AWAKE representative. 

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3.5.   You may be offered to subscribe to our newsletter. Your subscription to our newsletter is not mandatory and it does not affect your use of Services. 

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4. CANCELLATION, RESCHEDULING AND REFUNDS

 

4.1 In the event of the original Course date cancellation unrelated to Force Majeure (see Article 9), WELL AWAKE will strive to provide a new rescheduled date. In the event a new rescheduled date is provided, no refund will be possible.

 

4.2. If WELL AWAKE is not able to provide a new rescheduled date, a Participant will be entitled to a full refund of the paid amount. The refund can be requested by sending an email to morana@well-awake.com with the email subject “Refund request”. 

 

​4.3 If a Participant who paid the Course in full decides to withdraw from the Course up to 30 days before the Course start, they are entitled to a 50% refund. 

Withdrawals from the Course in less than 30 days before the Course start are not refundable.

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5. OBLIGATIONS AND CONDUCT AND INTELLECTUAL PROPERTY RIGHTS

 

5.1    You confirm that you will respect all rules, obligations, and limitations related to and determined by these Terms, Privacy Policy, and Cookie Policy. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.

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 5.2     You may have the option to leave a comment on our Website. WELL AWAKE reserves the right to remove comments that violate these Terms. You are responsible for ensuring suitable hardware (laptop or mobile phone), software (web browser), and a stable internet connection that will ensure access to the Website and/or Services. 

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5.3     The Content of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks that are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law. The Content is the property of WELL AWAKE, its advertisers, and/or sponsors and/or is licensed to WELL AWAKE. You will not acquire any right, title, or interest in or to the Website or its Content.

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5.4     Any use, distribution, or reproduction of the Content is prohibited unless expressly authorized in these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Content you must contact WELL AWAKE. Where any of the Content has been licensed to WELL AWAKE or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

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5.5     The “WELL AWAKE’s Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, domain names and other designations WELL AWAKE uses in connection with its Services, including Website. You may not remove or alter any of WELL AWAKE’s Trademarks, or co-brand your products or material with the WELL AWAKE’s Trademarks, without WELL AWAKE’s prior written consent. You acknowledge WELL AWAKE’s rights in the WELL AWAKE’s Trademarks and agree not to use any of WELL AWAKE’s Trademarks without WELL AWAKE’s prior written consent. You agree not to incorporate any of WELL AWAKE’s Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for any use whatsoever.

 

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6. TERMINATION OF THE AGREEMENT

 

6.1.    WELL AWAKE may in its sole discretion terminate, suspend and modify the Website or Services, with or without notice to you. You agree that WELL AWAKE will not be liable to you if it chooses to suspend, modify or terminate this Website or Services other than for processing any registration made by you before such time, to the extent possible.

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6.2     If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of the Course, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that WELL AWAKE may have against you.

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6.3.    We have the right to stop you from making any registration, to cancel any registration you’ve made, and/or to stop you from using our Website. Of course, we’ll only do this if in our opinion there’s a good reason to, such as:

- fraud or abuse

- non-compliance with our values or with applicable laws or regulations

- inappropriate or unlawful behavior (e.g. violence, threats, invasion of privacy) concerning us, any of the companies we work with – or anyone else, for that matter.

 

6.4.      If we cancel a registration as a result, you won’t be entitled to a refund. We may tell you why we cancelled your registration unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we incorrectly cancelled your registration, you can contact us at morana@well-awake.com.

 

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7. DISCLAIMER OF WARRANTIES 

 

7.1     The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website. Whilst WELL AWAKE takes reasonable measures to ensure that the Content of the Website is accurate and complete, WELL AWAKE makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by WELL AWAKE’s representatives, WELL AWAKE shall not be bound thereby.

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7.2     WELL AWAKE disclaims liability for any damage, loss, or expenses, whether direct, indirect, or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any Content therein unless otherwise provided by law.

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7.3     The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law. Any views or statements made or expressed on the Website are not necessarily the views of WELL AWAKE, its directors, employees, and/or agents.

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7.4     In addition to the disclaimers contained elsewhere in these Terms and Conditions, WELL AWAKE also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials, or any other data or code which can corrupt, compromise, jeopardize, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of WELL AWAKE, its employees, agents or authorized representatives. WELL AWAKE thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

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7.5     WELL AWAKE warrants to provide the Services professionally. WELL AWAKE does not warrant that the Services will be available all the time. In case WELL AWAKE fails to meet service level requirements or other requirements under these Terms, WELL AWAKE will use reasonable commercial efforts to correct reported faults for which it is responsible. All other warranties, whether statutory or contractual, are hereby excluded from this Agreement to the extent permitted by law. 

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7.6     WELL AWAKE makes no representation that Content on the Website is appropriate or available for use worldwide, and access to it is prohibited from territories where the Content through the Website is illegal. You are responsible for compliance with all local laws if, and to the extent, local laws are applicable.

 

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8. LIMITATION OF LIABILITY

 

8.1     WELL AWAKE cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of WELL AWAKE, its employees, agents, or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our email address morana@well-awake.com.

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8.2     WELL AWAKE shall not be liable for any direct or indirect, incidental, special, or consequential loss or damages that might arise from your use, or reliance upon the Website or the Content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website.

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8.3     You shall indemnify and hold WELL AWAKE harmless against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from the use of the Website. 

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8.4     Our liability to you is limited to the charges you pay to us, except for liability which cannot be excluded or limited by law. We will also not be liable for any special, indirect, or consequential loss or damage.

 

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9. FORCE MAJEURE

 

 9.1     Any delay or failure by either Party hereto in the performance of these Terms will be excused to the extent that such delays or failures are caused by occurrences beyond such party’s reasonable control, including decrees or restraints of governments, strikes, or other labor disturbances, war, sabotage, and any other cause which cannot be reasonably controlled by either Party (from now on referred to as “Force Majeure Event”). The Party seeking to excuse its performance will promptly notify the other Party, and the notifying Party will be excused for the duration of its inability to perform. If such conditions continue for sixty (60) days or more, the obligation under these Terms related to such performance shall be Terminated and both Parties shall be released from their obligations save the obligation to refund any payments. Any such release shall be valid for a particular performance affected by Force Majeure Event and shall not be valid for future and shall not terminate future obligations under these Terms.

 

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10. PRIVACY 

 

10.1    During the registration process, WELL AWAKE collects your personal data. These data are processed following our Privacy Policy and GDPR applicable laws and regulations.

 

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11. GOVERNING LAW AND JURISDICTION

 

11.1     These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted following the laws of The Kingdom of the Netherlands. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the courts of The Kingdom of the Netherlands regarding all proceedings, transactions, applications, or the like, instituted by either party against the other, arising from any of these Terms and Conditions. We will always try to solve any dispute peacefully and we encourage you to contact us about any issue at morana@well-awake.com.

 

 

12. GENERAL TERMS

 

12.1 These Terms constitute the entire agreement between you and WELL AWAKE relating to the subject matter and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and provided by WELL AWAKE and on the Website. 

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12.2 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.

 

Last Revision: April 2024