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End User License Agreement

BY REGISTERING FOR THE ONLINE PROGRAMME ‘THE SCIENCE OF AWAKENING’ ON THIS WEBSITE, YOU CONFIRM YOUR AGREEMENT AND PARTICIPATION TO THIS ONLINE 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 PROGRAMME IS ALO SUBJECT TO THE TERMS OF USE LOCATED AT DHYANVIMALINSTITUTE.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 1995-2018, 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. The Agreement is enforceable against you and any legal entity that obtained the ‘content’ and on whose behalf it is used.

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 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 Use
You 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 dhyanvimalinstitute.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 programmme ‘The Science of Awakening’ that you signed up.

Registration
By signing up the online registration form, 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.
  • 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.

    Payment Terms
    In consideration for you enrolling and taking the online programme, you have agreed to pay and ZW has agreed to receive a sum of money as stated in the course or programme promotion page together with all bank or paypal charges and taxes (if applicable), subject to the terms and conditions hereinafter contained. All payments are to be made by you via credit card or paypal. All payments will be made payable to Zazen Worldwide Sdn Bhd.

    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. If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.

    You hereby agree that all monies paid by you to ZW are non-refundable in any circumstances even if you cancel your participation of the online programme at a later date. You are to ensure that you keep the receipt issued by the merchant as proof of payment. ZW shall only recognise valid official receipts issued by these merchants.

    Facilitator
    The online programme may be facilitated by one or more independent contractors in their capacity as a “facilitator” or “trainer” (hereinafter referred to as “the Facilitator”). You acknowledge and agree that the Facilitator has the limited right to conduct such trainings, programmes and classes of a specific scope and nature for your benefits and to represent himself/herself as a Facilitator and that this Agreement has extended to cover the Facilitator’s interest solely out of goodwill of ZW and that he/she is not an employee nor authorized agent or representative of ZW, the Zazen Group and/or Dhyan Vimal.

    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.

    Your Photographs, Video etc
    You agree to give permission to ZW, the Zazen Group and/or the Facilitator and their authorized associates/affiliates to use the photographs, video and content officially taken, during your participation in the online programme, in any and all online and offline promotional materials. In consideration of the acceptance of your registration and permission to participate in the online programme, you hereby release and forever discharge and waive your rights to inspect or approve the photographs 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 understands 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.

    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 confirmed by you.

 
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