Terms and Conditions
Direct Overview
Use of KimCrosbie.com, including all materials presented herein and all online services provided by the company KIM CROSBIE and its Subsidiaries (“KC” “Company,” “we,” “us”, “our”) is subject to the following Terms and Conditions. These Terms and Conditions apply to any services, material, content, or resources made available through the Site (collectively, the “Services”). These Terms and Conditions apply to all site visitors, customers, clients and all other users of the services of KC, hereafter referred to as “client”. By using the Site or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Applicability of the terms
These terms and conditions apply to the treatment agreement between the client and the company KIM CROSBIE (hereafter referred to as KC). In case a situation should arise between the client and KC that is not covered by the terms and conditions, or if there is any uncertainty about the explanation of these terms, then this situation must be assessed in the spirit of these terms and conditions. If any of these Terms and Conditions are considered invalid, the remaining terms and conditions will continue to be valid.
Use of the Site and Services
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Site and in the Services related to retreat experiences involving the use of psychotropic substances, including Psilocybin truffles provided by legal smart shops in the Netherlands, and other related information is subject to change. KC makes no representation or warranty that the information provided (the “Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. KC disclaims all liability for any inaccuracy, error, or incompleteness in the Content and reserves the right to correct errors in descriptions and pricing from time to time.
Application
In order to use the Services, you may be required to complete an application and to provide information about yourself including your first and last name, email address, medication, and other personal information. You agree that any information that you provide to KC will always be accurate, correct, and current. You agree to not impersonate someone else or to provide any information or an email address that is not your own.
Refusal of Service
The Services are offered subject to our acceptance of your application and payment. KC reserves the right to refuse or terminate services to any person or entity, at any time and will use our personal discretion to verify, without the obligation to provide an explanation. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to fulfilling our previous responsibilities to you based on acceptance of your payment.
Payment and Cancellation Terms
Payment must be made within 7 days of the invoice-date. For online bookings direct online payment applies. Once the payment has been completed, the purchase is final.
At the time of purchase of digital content (such as our online programs), you asked KC to give you immediate access to your purchase, provided that you have a ‘cooling-off period’ of 14 days from the date of purchase during which you may cancel your purchase and request a refund, but: for digital content, if the download link is sent, you begin downloading or streaming the content, you will lose this right of cancellation. This does not affect any right to a refund for defective products. Offers by KC expire after the term for which the option was issued. If no term has been agreed upon, the option expires 2 weeks after the quotation has been sent. If the client does not make use of the option, the relevant time slot and location are freely available to KC. Any changes to the quotation are only valid if they have been expressly agreed in writing. Cancellation by the client of a definitive reservation can only take place in writing. If the client cancels a definitive reservation, the client is obliged to pay KC a certain percentage of the agreed reservation price as cancellation costs in accordance with the following arrangement: In case of cancellation more than 5 months before the commencement date, the customer is not obliged to pay any compensation to KC. In case of cancellation up to 3 months before the commencement date, the customer is obliged to pay 15% of the reservation value to KC. In case of cancellation up to 2 months before the commencement date, the customer is obliged to pay 35% of the reservation value to KC. In case of cancellation up to 1 month before the commencement date, the customer is obliged to pay 60% of the reservation value to KC. In case of cancellation up to 7 days before the commencement date, the customer is obliged to pay 85% of the reservation value to KC. In case of later cancellation (7 days or less) and in case of a no-show: the customer is obliged to pay 100% of the reservation value to KC. Mentioned prices, as well as on www.kimcrosbie.com, are based on 0% VAT until further notice.
Lawful Purposes
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to refrain from posting or transmitting through the Site any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Material You Submit to the Site
You must not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively, “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. With respect to any and all Materials submitted by you to the Site, you expressly represent and warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or the rights of any third parties.
Our Intellectual Property
The Site and Services contain intellectual property owned by KC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Services Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Services, without a refund, if you violate this intellectual property policy.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by the posting of the new Terms and Conditions on this Site. Any use of the Site or Services after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services, including these Terms and Conditions, at any time. We will post the most recent version to the Site.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or services. Additionally, Kim Crosbie is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Kim Crosbie has been advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Kim Crosbie’s cumulative liability to you exceed the total purchase price of the services you have purchased from Kim Crosbie, and if no purchase has been made by you Kim Crosbie’s cumulative liability to you shall not exceed €100.
Third-Party Resources
The Site and the Services may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with KC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide to us such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing to us such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Effect of Headings
The headings of the paragraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
These Terms and Conditions constitute the entire agreement between you and KC pertaining to your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by KC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Kim Crosbie.
Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
KIM CROSBIE
Houtse Heuvel 54
4911 AW Den Hout
The Netherlands
Governing Law
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the Netherlands as applied to contracts that are executed and performed entirely in the Netherlands.
Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
You may not assign, delegate, sublicense, or otherwise transfer your rights and obligations under these Terms and Conditions. Any transfer, assignment, delegation, or sublicense by you is invalid.
Disclaimer
This Site is an informational resource only. Any Content provided on this Site or in any communication with KIM CROSBIE is not a substitute for professional medical advice, diagnosis, or treatment for a specific medical condition. You assume full responsibility for how you use the Content. Always seek the advice of your physician or other qualified healthcare providers about any questions you have. KIM CROSBIE does not guarantee the outcome of following the recommendations provided and any statements about the potential outcome are expressions of opinion only. We make no guarantees about the information and recommendations provided herein. By continuing to use, read, or participate on the Site, you acknowledge that we cannot guarantee any particular result because outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on the Site is at your own risk.