END USER LICENSE AGREEMENT
BY REGISTERING FOR THE ‘DHYAN VIMAL’S 18 RITES - ENTERING MEDITATION - RITES 7 TO 12
(MEDITATOR RITES) PROGRAMME’ ON THIS WEBSITE, YOU CONFIRM YOUR AGREEMENT AND
PARTICIPATION TO THIS ONLINE SERIES, ON GROUND STAY AT THE ASHRAM DURING THE PROGRAMME AND OR ON GROUND ATTENDANCE
AT THE ASHRAM DURING THE PROGRAMME SUBJECT TO ALL OF THE TERMS AND CONDITIONS AS SET OUT IN THIS END USER
LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS “THIS LICENSE AGREEMENT”). ACCESS TO THE ONLINE SERIES IS ALSO SUBJECT
TO THE TERMS OF USE LOCATED AT
DVASHRAM.COM (HEREINAFTER REFERRED TO AS
“TERMS OF USE”). CAPITALISED TERMS USED AND NOT DEFINED IN THIS LICENSE AGREEMENT, SHALL HAVE THE SAME MEANING
ASCRIBED TO THEM IN THE TERMS OF USE LOCATED.
BY CLICKING THE ‘I AGREE’ BUTTON BELOW, YOU CONFIRM THAT YOU HAVE READ THIS LICENSE AGREEMENT AND
TERMS OF USE (HEREINAFTER COLLECTIVELY REFERRED TO AS “THIS AGREEMENT”) IN ITS ENTIRETY AND ACCEPT AND AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT PROCEED ANY FURTHER.
Copyright © & all revisions 1995-2019, Dhyan Vimal
All Rights Reserved
This Agreement is made BETWEEN DV RETREAT CENTER AB (559142-2042), a limited liability company
incorporated under the laws of Sweden, of frotunav 1, 193 97 bro, Sweden (hereinafter referred to as “DVR”) on the
first part AND ZAZEN WORLDWIDE SDN BHD (551668-D), a limited liability company incorporated under
the laws of Malaysia, of 28-2, Jalan PJU 5/15, Dataran Sunway, Kota Damansara, 47810 Petaling Jaya, Selangor Darul
Ehsan, Malaysia (hereinafter referred to as “ZW”) on the second part AND the party whose
name and particulars are described in the online registration form or sign up which
the user first registers with (hereinafter referred to as “you”) of the third part. DVRC and ZW are collectively
hereinafter referred to as “Organisers”.
Acceptance
By accepting, you are confirming that you have read this Agreement and that you are accepting all the provisions and
covenants contained therein to. You further agree that it is a complete and exclusive statement of agreement between
the Organisers and you and supersedes any other offer, proposal or prior agreement, oral or written and by any other
means of communication between the Organisers and you relating to the subject matter of the Agreement. You agree
that this Agreement is enforceable like any written negotiated agreement signed by you and shall have the same legal
effect as the original signature. This Agreement is enforceable against you and any legal entity that obtained the
‘content’ and on whose behalf it is used.
You further agree to participate in the series entitled ‘Dhyan Vimal’s 18 Rites - Entering Meditation - Rites
7 To 12 (Meditator Rites) Programme’ which is a series of lectures created and conducted by Dhyan Vimal
(hereinafter referred to as “Course Founder”) based in a platform operated and hosted by ZW where Video & Audio
lectures and transcripts and studies (if any) are available online and also where applicable held via Webinar/Online
meditations/discussions at times pre-set by the Course Founder which are owned by and licensed to the Course Founder
and/or ZW. Each Lesson will contain a series of talks and the complete series will have 30 Lessons. This series will
be available for users to access for a period of three (3) months from date of purchase. This series also includes
an on-ground attendance and on-ground stay organised by the Organisers. For clarity, “on-ground attendance” means
you have selected to attend the Programme (as defined below) at the BRAHMASREE ASHRAM in FRÖTUNA GÅRD, SWEDEN as
well for a selected period of time but not staying in the ashram, and “on-ground stay” means you have selected to
attend the Programme and stay in the ashram at BRAHMASREE ASHRAM FRÖTUNA GÅRD, SWEDEN for a selected period of time.
Subject to the terms and conditions of the Agreement, ZW hereby grants you a personal, non-exclusive,
non-transferable, limited license to enter and use the Account and access to the online series/programme/course
relating to the above series (hereinafter referred to as “Programme”). You may use the Account and access the online
programme only in accordance with this Agreement. Your on-ground attendance or on-ground stay is also subject
to the terms and conditions in this Agreement.
Terms of Use
You acknowledge and agree that as an Account user who has accessed to the online Programme, ALL of the provisions in
the Terms of Use located at https://www.dvashram.com shall remain in full force and effect, and apply mutatis
mutandis and that you have read and fully understood and accepted the said Terms of Use:
- Terms of Use
- Definitions
- Access and Use of the Site
- Registration
- Placing A Purchase (including Consent to Collection, Use & Disclosure of Your Personal Information and
Consent to Our Communication with You by Email/Contact Number)
- Copyright Notice
- Permission Requests
- Disclaimer
- Limitation of Liability
- Our Rights
- No Unlawful or Prohibited Use
- Links to Third Party Sites
- Privacy Policy
- User Materials and Public Submissions
- Waiver
- Governing Law
- Effect of Partial Invalidity
The definition ‘Site’ shall include ANY OR ALL OF THE COURSES of the online series ‘Dhyan Vimal’s 18 Rites -
Entering Meditation - Rites 7 To 12 (Meditator Rites) Programme’ that you signed up.
Registration
By signing up the Site, you have created an account as a user for the online Programme (hereinafter referred to as
“the Account”) and may use the Account and access the online Programme and may participate in the Programme via
on-ground attendance or on-ground stay. Hence, you warrant that:
- the personal data which you provide when you register as a user is true, accurate, current and complete in all
respects;
- you will review and update your personal data by logging into your Account;
- you are responsible for maintaining the confidentiality of your account information, including your password,
and for all activity that occurs under your account.
- you are at least 18 years old. Minors under the age of 18 are prohibited to register as a user of this Site and
are not allowed to transact or use this Site.
- you are of sound mind, good health, not mentally incapacitated in any way or under any drugs or prescription
medication (which may impair or without which may impair) clear rational thought, is lucid and capable of
comprehending the Programme and is fit to enter into this Agreement and understands the terms of this Agreement
and will abide by the same at all times.
- your use of the Site is subject to these rules and all of the enclosed terms and conditions which you as user
accept by contacting and using the Site and which govern all use and all results thereof.
- where applicable, you have fully disclosed your medical conditions, treatable or otherwise (if any) in the
‘Health Condition’ of the online registration form, and you have sought the advice from your attending physician
prior to your on-ground attendance or on-ground stay and have not been advised or cautioned against
participating by your attending physician, and in the event you have been prescribed certain medication by your
attending physician for your medical conditions, you will continue taking the said medication throughout your
on-ground attendance or on-ground stay and the intake of which would not in any way impair or affect your
ability to think clearly and to participate in the on-ground attendance or on-ground stay, or would cause danger
to yourself or to any person. In the event you fail to disclose your medical conditions in the online
registration form, the Organisers shall assume that you are fit and in good health to participate in the
on-ground attendance or on-ground stay.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised
to use.
You further agree to be solely responsible for your well being throughout your on-ground attendance or on-ground
stay. Should you have a medical condition (physical or mental), you must inform the Organisers or its
representatives before the commencement of the Programme and the Organisers reserves the right and absolute
discretion not to allow any Participant to attend the Programme or if the above is discovered during your on-ground
attendance or on-ground stay, the Organisers reserves the absolute right to stop you from continuing or completing
the Programme. Further it is your sole responsibility to ensure that you do not overexert yourself during the
Programme. The Organisers and Course Founder shall not be liable in any manner whatsoever to you for any emotional
and mental instability, personal injury, death, damage, loss or inconvenience whatsoever or howsoever caused to
you.
Consent To Our Communication With You By E-Mail/Contact Number
By subscribing to this Programme, you consent to the holding and processing of your personal data in any form in
accordance with the General Data Protection Regulations and you grant permission for DVRC, ZW and/or ZW group of
companies (hereinafter referred to as “Zazen Group”) to contact you at your e-mail address or contact number if
necessary.
Payment Terms
The Programme is offered to all participants based on five (5) different options and according to a payment scheme
set out on the ‘Dhyan Vimal’s 18 Rites - Entering Meditation - Rites 7 To 12 (Meditator Rites)
Programme’ page on www.dvashram.com. All five (5) options come with access to the on-ground attendance
or on-ground stay and meal options, the charges of which are set out separately in the online form. In consideration
for you enrolling and taking the online series, you have agreed to maintain a valid and current account. In the
event, the Participant is purchasing the online programme and staying on-ground at the Ashram, the number of
days for the on-ground stay is to coincide with or be less then the number of days purchased online, failing which
the Participant will be charged for the extra days on-ground where the online is not purchased.
Your purchase is for personal use only. Sharing or transfer of purchases is not permitted and will be considered
unauthorized, an infringing use of our copyrighted material, and may subject violators to liability.
You hereby agree that all monies paid by you to ZW are non-refundable in any circumstances.
Representation
The Organisers, Course Founder and/or any of facilitators does not make any representations guarantee or promote any
particular outcome or experience from having attended the Programme and shall not be liable or responsible for any
representations or misrepresentations made by anyone whosoever to you or any delusions harboured by you, relating to
the Programme.
You assume and agree to accept full and complete responsibility for: (a) any and all of your actions during
the Programme; (b) applying what you may have learnt from attending the Programme for yourself; and (c) consequences
arising thereof after attending the Programme. You agree that neither the Organiser, Course Founder nor any of the
facilitators will be responsible or liable for any consequences or change of events in your life in any aspect
(whether directly or indirectly) arising thereof.
Force Majeure
In the event the Organisers are unable to organise and run the Programme, on-ground attendance and/or on-ground stay
due to any reasons whatsoever including, but not limited to, labour disputes, strikes, riots, fire, acts of God,
government action or any other causes, the Organisers, Course Founder, Zazen Group, and/or any of the facilitators
shall not in any way be liable for any inconvenience, loss, damages or other casualty suffered or incurred by you
arising from the same.
Indemnification
You agree to indemnify and hold harmless the Organisers, Course Founder, Zazen Group, and/or facilitators (including
their respective officers, directors, employees and authorized agents, representatives and affiliates, advisors,
consultants, subcontractors, and volunteers) and its providers, from and against any and all claims, damages,
losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or
from: (a) your violation of this Agreement, (b) use of the online Programme, Site or Content, or any information,
content or materials contained, displayed or available therein, by you, (c) any activity you engage on or through
the Site and/or during your on-ground attendance or on-ground, (d) your violation of the rights, including without
limitation, intellectual property and privacy rights of any party or any third party, (e) your Materials and Public
Submissions, or (f) any default, negligent and/or damage caused by you. You agree to cooperate fully with the
Organisers, Course Founder, Zazen Group, and/or facilitators in any inquiry concerning actual, alleged, or potential
violations of this Agreement.
Rules and Regulations
- You are strictly forbidden to organise any events, courses, trainings, talks, gatherings, discussions or any
other form of activities or teach the disciplines taught or knowledge unless you are a registered trainer or
provisional facilitator with the Zazen Group.
- You shall duly observe and comply with all the rules and regulations from time to time as set out by Organisers,
Course Founder, Zazen Group, and/or facilitators (including their respective officers, directors, employees and
authorized agents, representatives and affiliates).
- Without prejudice to any provisions in this Agreement, you acknowledge and agree that as an Account user who has
accessed to the online programme, ZW is entitled to claim from you a sum of RM350,000.00 as penalty in addition
to bringing a course of action in court to claim damages if you are found to be in breach of any of the
provisions in ‘Copyright Notice’ in the Terms of Use.
Photos and Videos
You hereby acknowledge and agree:
- that you will not record, tape or make any form of recording whether in phone, cd, tape or any form of digital
format through any means whatsoever including mp3/mp4 players, handphones or any form of recording devices
before, during or after the Programme and/or your on-ground attendance or on-ground stay. By signing this
Agreement, you hereby agree to abide by the same and your failure to do so shall be deemed a breach of this
Agreement.
- that any photos taken by you before, during or after the Programme and/or your on-ground attendance or on-ground
stay (if any) will be for your own personal/private use only. You are not permitted to publish or distribute the
photos by any means whether digital or otherwise including posting of the same on websites, social media and any
other form of media; print or otherwise.
- to give permission to the Organisers, Course Founder, Zazen Group and its associates to use the photographs,
videos and content officially taken, during your participation in the Programme and/or your on-ground attendance
or on-ground stay, in any and all online and offline promotional materials. In consideration of the acceptance
of your registration, and permission to participate in the Programme, you hereby releases and forever discharges
and waive his rights to inspect or approve the photographs, videos or such other electronic matters that may be
used in conjunction with them now or in the future, whether that use is known to you or unknown, and you
understand the circulation of the materials could be worldwide and you waive any right to royalties or other
compensation arising from or related to the use of the abovesaid materials.
Intellectual Property Rights
All materials used throughout the Programme and all rights of copyright and all other intellectual property rights
hereby are reserved unto and are the ownership of Dhyan Vimal. Such rights extend to and include all information,
publications, materials, manuals, records, documents, memoranda, drawing, speeches, lectures, contracts, accounts
and otherwise in whatsoever medium, including written, verbal, audio, visual, video, electronic, duplicated, stored
or otherwise, originating, received or acquired from Dhyan Vimal, or any servant, agent or guest thereof or the
co-participant of the Programme or any other source whether prior to, during or subsequent to the Programme.
Any review, disclosure, reproduction, storing, transmitting, copying or distribution of any materials of the
Programme content, its materials and publication and all other things to which Dhyan Vimal claims right of ownership
and intellectual property right in any form is prohibited. Should you be found to be in the possession of or to have
disclosed, reproduced, transmitted or copied any of the materials Dhyan Vimal and/or the Copyright Holder is
entitled to claim from them a sum of SEK100,000.00 as penalty in addition to bringing a course of action in court to
claim damages from you.
Account Termination
This Agreement is effective until terminated irrespective of your use or not of the Account. ZW may terminate the
Account for any reason at any time. For clarity, your access to the on-ground attendance or on-ground stay, if
applicable, shall cease accordingly upon such termination. Without prejudice to any provisions in this Agreement,
you acknowledge and agree that the Zazen Group may exercise any of its rights as set out in “Our Rights” under the
Terms of Use.
You agree that the Organisers, Course Founder and Zazen Group will not be liable to you or to any third party
for termination of your access to the Site and the on-ground attendance or on-ground stay, if applicable. The
following provisions in this Agreement shall survive termination, whether for convenience or cause: "Access and Use
of the Site", "Consent to Collection, Use and Disclosure of Your Personal Information", "Copyright Notice",
"Permission Requests", “Disclaimer”, “Limitation of Liability”, “Our Rights”, "No unlawful or Prohibited Use" and
"Privacy Policy" under the Terms of Use and “Indemnification”, “Rules and Regulations”, “Account Termination” and
“Effect of Partial Invalidity” under this License Agreement.
Binding Effect
This Agreement binds your heirs, executors, personal representatives and permitted assigns.
Waiver
- No waiver of a right or remedy under this Agreement is effective unless it is in writing and signed by the party
granting it. It is only effective in the specific instance and for the specific purpose for which it is granted.
- A single or partial exercise of a right or remedy under this Agreement does not prevent a further exercise of
that or of any other right or remedy.
- Failure to exercise or delay in exercising a right or remedy under this Agreement does not operate as a waiver
or prevent further exercise of that or of any other right or remedy.
Governing Law
This Agreement shall be governed by and construed in accordance with the Laws of Sweden or Malaysia and the parties
irrevocably submit to the exclusive jurisdiction of the said Courts. The jurisdiction is to be decided by the
Organisers.
Effect of Partial Invalidity
If any provision of this Agreement is found to be void or unenforceable, the remainder will remain valid and
enforceable according to its terms. If any remedy provided is found to have failed its essential purpose, all
limitations of liability and exclusions of damages shall remain in effect.
Notwithstanding the “Limitation of Liability” clause as set out in the Terms of Use, in the event that any limitation
of liability shall fail of its essential purpose, the maximum aggregate liability of ZW, the Zazen Group, Dhyan
Vimal and/or the Facilitator in connection with this Agreement shall not exceed the amounts of the online programme
actually paid to ZW under this Agreement.
Inconsistencies
To the extent of any inconsistencies between the terms and conditions of this License Agreement and the terms
and conditions of the Terms of Use, the terms and conditions of this this License Agreement shall prevail. All terms
and conditions of the Terms of Use not inconsistent herewith shall remain in full force and effect and are hereby
ratified and confirmed by you.