End User License Agreement
BY SIGNING UP FOR AN ACCOUNT IN THIS WEBSITE, YOU CONFIRM YOUR AGREEMENT TO THIS LICENSE SUBJECT TO ALL OF THE TERMS AND CONDITIONS AS LAID OUT IN THE TERMS OF SERVICE/USE. BY CLICKING THE ‘Agree’ BUTTON BELOW, YOU 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, CLICK THE ‘Disagree’ BUTTON BELOW AND DO NOT PURCHASE, DOWNLOAD, INSTALL OR OTHERWISE USE THE CONTENT.
This 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 Sign Up or Login (hereinafter referred to as “the Participant”) of the other part.
Acceptance
By accepting, you are confirming that you have read the License 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 this agreement. You agree that this agreement is enforceable like any written negotiated agreement signed by you. This agreement is enforceable against you and any legal entity that obtained the ‘content’ and on whose behalf it is used.
Through this License Agreement, Dhyan Vimal and or Zazen Worldwide Sdn Bhd (ZW) in collaboration with Friends To Mankind Malaysia grant you free rights to listen, participate and use the items displayed on the site for personal use only, provided that you maintain all copyright and other notices contained therein. Your use is subject to these rules and all of the foregoing terms and conditions which you as user accept by contacting and using this site and which govern all use and all results thereof. We reserve the right to revise and update the rules at any time, effective on the date of posting to the site of the new and amended rules and with your continued access/use of the website, you hereby agree to continue to be bound by any amendments, modifications or additions. As long as you comply with this License Agreement and the Terms of Use, Dhyan Vimal and or ZW grant you ('End User') a personal, non-exclusive, non-transferable, limited privilege to enter and use the Account and Site.
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 payment section in the academy.dhyanvimal.org website inclusive of taxes, 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. You hereby agree that all monies paid by you to ZW are non-refundable. 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.
You contend that you are an adult of 18 years of age and above who is 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.
Purpose and Use
Dhyan Vimal and/or the ZW provide talks, lectures and information about Dhyan Vimal, the Schools, the work, the lectures, the writings, music, art, meditation and products created by or associated with Dhyan Vimal.
The contents in the mysanggha.com web site are intended for personal, non-commercial use. All materials, products, downloads published here including, but not limited to: talks, lectures, e-books, workbooks, manuals, music, news articles, photographs, images, logos, trademarks, illustrations, audio clips, and video clips, (collectively known as 'Content') are protected by copyright and trademark law, and various other intellectual property rights laws and are owned or managed by Dhyan Vimal or the Zazen Group (The Zazen Group consists of the group of companies as stated in the Terms of Use page) or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through mysanggha.com. At Dhyan Vimal or ZW’s sole discretion and without notice, mysanggha.com may expire any or all Content.
Content Use as a whole
All audio lectures, talks, images, video lectures, music, meditation music, artwork, text, software and other copyrightable content purchased and downloaded by you the End User are the intellectual property of and are owned by Dhyan Vimal or the Zazen Group or the party credited as the provider of the Content. All content is protected by various laws including the copyright laws and the international treaty provisions of the various countries. Your use of the account, Digital Streaming and downloading is a sublicense which is nonexclusive, non-transferable, non-sub licensable. This license is not transferable to any other individual or organisation.
Use of the material is limited to three (3) machine readable copies only.
You may listen and/or download (if applicable) the items displayed on the site for personal use only, provided that you maintain all copyright and other notices contained therein. You are not to use any download accelerator program to download the items.
Unlawful downloading, unauthorized modification, copying, reproduction, selling, distributing, publishing, display, performing, creating derivation works, hiring, lending, transmission, broadcast or in any way exploiting any of the material on mysanggha.com, is prohibited; nor may you distribute any part of this downloads over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database. You may not remove, modify, or obscure any copyright or proprietary notices that appear in or with the Content.
No unlawful or prohibited use
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Works. You have a non-transferable, nonexclusive, non-sub licensable license to only use the downloaded items for personal use as specified in the above Content Use Rules. You may not play and then re-digitize any Works, or upload those Works to the Internet. You may not create any 'derivative works' by altering any of the Content. You may not use the Works in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any such Content or for commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You may not transfer or distribute Digital Streaming or downloaded Contents except as stated in the Content Use as a Whole and as limited according to the individual works’ Meta Data Information. Except as expressly stated as an authorized use under the Content Use as a Whole, no other uses are permitted. You further agree to indemnify and hold harmless Dhyan Vimal, the Zazen Group and or Friends To Mankind Malaysia for your failure to comply with this section.
As a condition of your listening to and downloading content and going through the workbook from the mysanggha.com site, you may not use the contents or this site in order to transmit, distribute, store or destroy content in violation of any applicable law or regulation, in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or that is libellous, obscene, threatening, abusive or hateful.
You are prohibited from violating or attempting to violate the security measures on this site, including, but not limited to hijacking all or any part of the content, deleting or changing any download content, or linking to the download without our specific written permission.
Violations of system or network security may result in civil or criminal liability. ZW will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Accounts, Passwords and Security.
All services offered on or through the Site require you to first open an account or login via mysanggha.com. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify ZW at support@dhyanvimal.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Dhyan Vimal, the Zazen Group, Friends To Mankind Malaysia or any other user of the Site due to someone else using your password or account. You may not use anyone else’s password or customer account at any time.
You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your account will be terminated and legal proceedings initiated.
Accuracy of My Account Information
You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process.
Consent To Collection, Use & Disclosure of Your Personal Information
As more fully described in our Privacy Policy, under the Terms of Service, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site, going through the workbook or downloading or making any purchases (if any) of Digital Media Streamings, downloads, content or any other products, you represent that you have first read our Privacy Policy and consent to our and our agents collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information. To make a purchase, you must at least disclose to us all of the following: (i) your name, (ii) billing address including zip code or equivalent, (iii) Identification number, (iv) valid personal email (which you can receive emails from) and (v) transaction data including credit card number. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent use.
We also collect and store your personal journal, answers to Questions, metadata and contextual data in order to facilitate the running of this program. This data will be deleted from our servers after 3 months from the date you first commenced the programme
Consent To Our Communication With You By E-Mail/Contact Number
By establishing an Account with us, and each time you use this site, download or make a purchase through our Site, you grant permission for ZW and or the Zazen Group to contact you at your e-mail address or contact number if necessary.
Account Termination
This License Agreement is effective until terminated irrespective of your use or not of this account. ZW may terminate this account for any reason at any time.
You also agree that Dhyan Vimal and or ZW may, in its sole discretion and without prior notice to you, terminate for cause your access to the Site, which includes (but is not limited to): (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting Digital Media Streaming or Downloading the content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms of Use, (5) failure to pay for purchases, (6) copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.
You agree that Dhyan Vimal, the Zazen Group and or Friends To Mankind Malaysia will not be liable to you or to any third party for termination of your access to the Site.
The following provisions of these License Agreement shall survive termination, whether for convenience or cause: 'Purpose and Use,' 'Content Use as a whole,' 'No unlawful or Prohibited Use,' 'Consent to Collection, Use and Disclosure of Your Personal Information,' 'Consent to Our Communication With You By E-mail/Contact Number,' 'Limitation of Liability & Disclaimer', “Effect Of Partial Invalidity.”
Limitation of Liability & Disclaimer
The content archives, online lectures or media streaming and downloads are provided by Dhyan Vimal and or the Zazen Group as a service to its readers and may be used for informational purposes only. Dhyan Vimal and or the Zazen Group of companies and its affiliates assume no responsibility for errors or omissions in the archives.
Neither Dhyan Vimal nor the Zazen Group, any of its affiliated or related entities or content providers, nor any other party involved in creating, producing, or delivering this site, shall be liable in any way, for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your accessing, listening, going through the workbook and or downloading the content from this site or a consequent result of having listened to and or participated in the programme, going through the workbook or read the contents from the website or participated in any meditation. You are also solely responsible for any and all of your actions and consequences arising thereof during and or after The Programme. ZW and or Dhyan Vimal will not be liable for any consequences of change of events in your life directly or indirectly as a result of having attended The Programme.
Everything on this site is provided on a 'AS IS' and 'AS AVAILABLE' basis. Neither Dhyan Vimal nor the Zazen Group nor any of its affiliated or related entities or content providers warrant the accuracy of any of the content contained in this site or that it fits any particular purpose including any link to another web site or resource and shall not be liable for any loss, damages or expenses sustained by the user as a result of any errors or omissions arising from information found in this media streaming or downloads, however caused.
This site is offered AS IS and without warranties of any kind. Dhyan Vimal and or Zazen Group disclaims the implied warranties of merchantability and fitness for a specific purpose as well as title or non-infringement. We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the streaming or downloads or its contents.
While every care is taken to upkeep and maintain the media streamings, downloads, content and this site, Dhyan Vimal or the Zazen Group or any of its affiliated or related entities or content providers give no guarantees as to the completeness, accuracy, currency, reliability of any content or the results obtained from the use of this information. No warranty of any kind is given, either express or implied. The information and contents on the downloads are updated from time to time but may not always be up-to-date in every respect. No responsibility is accepted for loss arising from inaccurate or incomplete information, however, caused.
By accessing, listening, going through the workbook and or using this site, the user agrees that contents listened to or otherwise accessed through the use of this website is obtained entirely at the user’s own risk and that the user will be solely and entirely responsible for any and all outcome of listening to the lectures, going through the workbook, reading the e-books or participating in the meditations. In no event will Dhyan Vimal and or the Zazen Group or any of its affiliated or related entities or content providers, be liable for any incidental, consequential, direct or indirect damages to, or viruses that may infect, your computer equipment or any resulting damage to software or computer systems and/or any resulting loss of data, however caused or other property, by reason of your use of, access to, listening to or downloading of any material from, this site even if Dhyan Vimal and or the Zazen Group have been informed of the possibility of such damages and without regard to negligence. IN THE EVENT THAT ANY LIMITATION OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT DHYAN VIMAL AND OR THE ZAZEN GROUP SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO DHYAN VIMAL AND OR ANY COMPANIES IN THE ZAZEN GROUP BY END USER.
Zazen Group of companies are based in Kuala Lumpur, Malaysia. This site as well as these rules are subject to the laws of Malaysia, regardless of the location of the user and any claims of any kind related thereto must be filed in the courts located in the City and State of Kuala Lumpur, Wilayah Persekutuan, MALAYSIA.
In relation to any dispute arising out of use of this website, the user agrees to submit to the exclusive jurisdiction of the courts of Malaysia. The omission of Dhyan Vimal or the Zazen Group to exercise any right under this Agreement or the Terms of Use shall not constitute a waiver of such right unless formally waived in writing by ZW.
Policy to Terminate Privileges for Copyright Infringement
ZW will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defence or fair use privilege to do so. After proper notification by the copyright holder or its agent to the mysanggha.com or an admission by the customer that an account has been an instrument of unlawful infringement, ZW will terminate the infringing customer’s account. ZW may also in its sole discretion decide to terminate a customer’s account privileges prior to that time if it has good belief that infringement has in fact occurred.
Publishing or Distribution
The materials you listen to and/or download (if applicable) from mysanggha.comare for your own personal, non-commercial use but only if you make one machine readable copy and/or one print copy. Any other use (whether in whole or parts) requires permission of Dhyan Vimal or the Zazen Group. E-mail: legal@dhyanvimal.org.
Please note that acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Privacy
Please refer to our Privacy Policy, which applies verbatim here as well.
Effect Of Partial Invalidity.
If any provision of this License 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.