END USER LICENSE AGREEMENT
BY REGISTERING FOR THE ‘LIVING THE DISCIPLINE PROGRAMME’ ON THIS WEBSITE, YOU CONFIRM
YOUR AGREEMENT AND PARTICIPATION TO THIS PROGRAMME, RESIDENTIAL STAY AT THE DV ASHRAM SWEDEN DURING THE PROGRAMME
AND/OR NON-RESIDENTIAL ATTENDANCE AT THE DV ASHRAM IN FRÖTUNA GÅRD, SWEDEN (“HEREINAFTER REFERRED
TO AS “DV ASHRAM SWEDEN”) 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 SESSIONS IS ALSO SUBJECT TO THE TERMS OF USE LOCATED AT
DVASHRAM.COM
WHICH IS INCORPORATED BY REFERENCE TO THIS LICENSE AGREEMENT (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.
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” or “THE
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 1995-2022, 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, NORA ISMAIL (Registration No. 841120-0689) a company incorporated under the laws
of Sweden with its address at Ålstensgatan 6, 167 65 Bromma, Sweden of the second part (hereinafter referred
to as “NI”) 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 third 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”,
“your”or “Participant”) of the fourth part. DVR, NI 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 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 further
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. For clarity, the applicability of any other user
conditions or agreement is explicitly rejected, unless explicitly agreed in writing by all the members of the
Organisers.
You hereby agree to participate in the programme entitled ‘LIVING THE DISCIPLINE’ (hereinafter
referred to as “Programme”) which is a series of talks, lectures and discussions/sessions created and
conducted by Dhyan Vimal (hereinafter referred to as “Course Founder”) on ground for participants
attending the Programme at the DV Ashram Sweden for a period of time based on the dates and rates listed in the
‘LIVING THE DISCIPLINE’ page on
www.dvashram.com/dvashramsweden/
pre-set by the Organisers; programmes of which are owned by and licensed to the Course Founder and/or ZW and that
this Agreement shall also apply to your on-ground attendance and, if applicable, Residential stay at the DV Ashram
Sweden. For clarity, “Non-Residential” means you have selected to attend the Programme at the DV Ashram
Sweden for a period of time but not staying in the ashram, and “Residential” means you have selected to
attend the Programme and stay in the DV Ashram Sweden at the same time.
Definitions
The definition ‘Site’ shall include ANY OR ALL CONTENT available on the website of
www.dvashram.com that you signed up or you have access to.
Interpretation
This Agreement shall be interpreted and construed liberally in accordance with the intention and purpose of the
Organisers and/or Course Founder in offering the Programme and in furtherance thereof:
- The headings of this Agreement are inserted for convenience only and shall not define or limit the
construction of the provisions thereof.
- The online registration form completed by the Participant shall be taken as read and constructed as an
essential part of this License Agreement.
- Words importing the singular number include the plural and vice versa.
- Words importing the masculine gender include the feminine and neuter genders.
Registration
By signing up the Site and entering into this Agreement, or by attending this Programme, you agree to be bound by the
terms and conditions of this Agreement for the current 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 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 nor attend the Programme;
- 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;
- 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 use a false name or a name that you are not legally authorised to use.
- You further agree to be solely responsible for your well being throughout your on-Residential Stay or
Non-Residential 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 DVR, NI, 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. You further agree to the Organisers, the Course Founder and their respective associates
(the Designated Facilitator inclusive) making this information available to companies and legal and regulatory
authorities throughout the world in accordance with applicable laws.
Payment Terms
The Programme is offered to all participants based on a compulsory Programme Fee with three (3) different days and
options plus a Residential Rate or Non-Residential Rate according to a fee scheme set out on the ‘Living
the Discipline’ page on
www.dvashram.com/dvashramsweden/.
All options come with varying levels of access to the Residential or Non-Residential stay and meal options, the
charges of which are set out separately on the page. In consideration of you enrolling and attending this Programme,
you shall pay the fees as stated in the ‘Sign Up’ page pursuant to your selection in the ‘Programme
Fee Option’
(hereinafter referred to as “Programme Fee”) together with all bank charges and taxes . Upon your being
successfully acceptance into the Programme, The Organiser will issue and invoice to the Participant with the payment
details.
You hereby agree that all monies paid by you to the Organisers are non-refundable in any circumstances and any refund
made out of goodwill is subject to the sole discretion of the Ogranisers.
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 beyond their reasonable control, 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) your use of the online Programme, Site or their respective contents,
or any other information, content or materials made available to you by the Organisers in any manner whatsoever, (c)
any activity you engage on or through the Site and/or during your on-ground attendance or on-ground stay, (d) your
violation of the rights, including without limitation, intellectual property and privacy rights of any party or (e)
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).
- Except as authorised by all members of the Zazen Group, the Participant shall keep secret and shall not disclose
and shall use his best endeavours to prevent the use or disclosure by or to any person any of the Confidential
Information provided by the Designated Facilitator or the Course Founder which comes to the Participant’s
knowledge during the Programme, including, but not limited to, the Disciplines taught and information and
knowledge shared in the Programme.
- Without prejudice to any provisions in this Agreement, in the event of your breaching of any of the terms of
this Agreement, The Organisers reserves the right to institute legal proceedings and claim for damages against
you.
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 release and forever discharge
and waive your 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 by the Zazen Group.
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.
Termination
This Agreement is effective until terminated irrespective of your attendance or not of the Programme. ZW may
terminate the Programme for any reason at any time. For clarity, your access to the Residential or Non-residential
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 to terminate at their sole
discretion.
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 the Residential or Non-Residential stay, if applicable. The following
provisions in this Agreement shall survive termination, whether for convenience or cause: “Indemnification”,
“Rules and Regulations”, “Termination” and “Effect of Partial Invalidity” under
this Agreement.
Binding Effect
You may not assign any of your rights, interests or obligations hereunder (whether by operation of law or otherwise)
without the prior written consent of the Organisers. The Organisers may assign any of its rights, interests or
obligations hereunder. 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
If you are a resident within Europe, this Agreement shall be governed by and construed in accordance with the Laws of
Sweden and the parties irrevocably submit to the exclusive jurisdiction of the Swedish Courts. If you are a resident
outside of Europe, this Agreement shall be governed by and construed in accordance with the Laws of Malaysia and the
parties irrevocably submit to the exclusive jurisdiction of the Malaysian Courts.
Effect of Partial Invalidity
If any provision of this Agreement is found to be void or unenforceable, the remainder of this Agreement will remain
valid and enforceable and the application of such provision to other circumstances shall not be affected thereby and
each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 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 Programme Fee
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.
