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Six Rites End User License Agreement

END USER LICENSE AGREEMENT

BY REGISTERING FOR THE ONLINE PROGRAMME ‘DHYAN VIMAL’S 6 RITES OF CREATION PROGRAMME – LEVEL 1’ 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 ALSO 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 1995-2021, Dhyan Vimal
All Rights Reserved

This License Agreement is made BETWEEN DHYAN VIMAL INSTITUTE FOR HIGHER LEARNING INC. CANADA having its principal place of business at 759 Blueridge Avenue, North Vancouver BC, V7R2J5 Canada (hereinafter referred to as “DVI”) 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.

You further agree to participate in the programme entitled “Dhyan Vimal’s 6 Rites Of Creation Programme – Level 1” which is an online programme based in a platform where Video & Audio lectures, transcripts and studies are available online and are emailed weekly and also where applicable held via Webinar/Zoom/Online meditations/discussions at times pre-set by DVI which are owned and licensed by the Course Founder Dhyan Vimal, DVI and/or Zazen Group. The Zazen Group consists of the group of companies as stated in the privacy policy page of the dhyanvimalinstitute.com website.

Subject to the terms and conditions of the Agreement, DVI 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 ‘Dhyan Vimal’s 6 Rites Of Creation Programme – Level 1’ 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.
  • 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 DVI and or the Zazen Group to contact you at your e-mail address or contact number if necessary.

Payment Terms

In consideration for you enrolling and taking the online programme, you have agreed to pay and DVI 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 DHyan VImal Institute for Higher Learning Inc.

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 with or without notice. (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 will be restored.

You hereby agree that all monies paid by you to DVI 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. DVI 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 DVI and that he/she is not an employee nor authorized agent or representative of DVI, the Zazen Group and/or Dhyan Vimal.

Representation

DVI/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 DVI 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 DVI 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, DVI, 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, Videos, Contents etc

You agree to give permission to DVI, the Zazen Group and/or the Facilitator and their authorized associates/affiliates to use the photographs, videos and contents officially taken during your participation in the online programme including any comments and discussions made (hereinafter collectively referred to as the “materials”), for any and all our online and offline promotional and marketing activities. 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 materials 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 DVI, 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 DVI, 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 DVI, 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, DVI is entitled to claim from you a sum of MYR 350,000.00 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. DVI 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 Canada 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 Canada. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Canada.

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 DVI, 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 DVI 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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