END USER LICENSE AGREEMENT
BY REGISTERING FOR THE ONLINE SERIES OF TALKS CALLED ‘AWAKENING SERIES- Personal
Mastery
Programme’ ON THIS WEBSITE, YOU CONFIRM YOUR AGREEMENT AND PARTICIPATION TO THIS ONLINE
SERIES
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 DHYANVIMALASHRAM.COM
(“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 License Agreement is made BETWEEN ZAZEN WORLDWIDE SDN. BHD. (551668-D) having its
principal
place of business at 28-2, Jalan PJU 5/15, Dataran Sunway, Kota Damansara, 47810 Petaling
Jaya,
Selangor Darul Ehsan (hereinafter referred to as “ZW”) on one 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 “the Participant”) of the other part.
Acceptance
By accepting, you are confirming that you have read the 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 us and supersedes any other offer, proposal or prior agreement, oral or written and by any other means of communication between us relating to the subject matter of the Agreement. You agree that the Agreement is enforceable like any written negotiated agreement signed by you and shall have the same legal effect as 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 “Awakening Series” which is 21 LESSONS comprising a series of lectures by Dhyan Vimal based in a platform 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 Dhyan Vimal which are owned and licensed by the Course Founder and/or ZW. Each Lesson will contain a series of talks and the complete series will have 21 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 a complimentary access to the Discipline One Programme valued at USD200.00 as part of the purchase price.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 (hereinafter referred to as ‘Programme’). You may use the Account and access the online programme only in accordance with the Agreement.
Terms of UseYou acknowledge and agree that 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 ‘Awakening Series’ 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. 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 this site is subject to these rules and all of the enclosed terms and conditions which you as user accept by contacting and using this site and which govern all use and all results thereof.
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.
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 ZW and or the Zazen Group to contact you at your e-mail address or contact number if necessary.
Payment Terms
The Programme is offered to all students based on five (5) different options and according to a payment scheme set out on the ‘Awakening Series’ page on www.dvashram.com. All five (5) options come with complimentary access to the Discipline One Programme. In consideration for you enrolling and taking the online series, you have agreed to maintain a valid and current account.
Your purchase is for personal use only. Sharing 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
ZW/Course Founder/Facilitator 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 Facilitator, Course Founder nor ZW will not 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 ZW is unable to organise and run the online programme due to any reasons whatsoever including, but not limited to, labour disputes, strikes, riots, fire, acts of God, government action or any other causes, ZW, the Zazen Group, Dhyan Vimal and/or the Facilitator 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 ZW, the Zazen Group, Dhyan Vimal and the Facilitator (including its officers, directors, employees and authorized agents, representatives and affiliates) 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, (d) your violation of the rights, including without limitation, intellectual property and privacy rights of any party or any third party, or (e) your Materials and Public Submissions. You agree to cooperate fully with ZW, the Zazen Group, Dhyan Vimal and the Facilitator 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 with the Zazen Group.
You shall duly observe and comply with all the rules and regulations as set out by ZW, the Zazen Group, Dhyan Vimal, the Facilitator (including its officers, directors, employees and authorized agents, representatives and affiliates) from time to time.
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.
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. 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 Dhyan Vimal and the Zazen Group will not be liable to you or to any third party for termination of your access to the Site. 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.
Governing Law
This Agreement shall be governed by and construed in accordance with the Laws of Malaysia without reference to the conflict of law principles thereof. For clarity, any dispute or claim arising out of or in connection with this Agreement shall be governed and construed in accordance with the Laws of Malaysia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia.
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 med by you.