TERMS OF USE ‐ PIVOT POINT PRIVATE NETWORK PLATFORM

1. DEFINITIONS

For the purposes of these Terms:

• "Company" means Zazen Worldwide Sdn Bhd (551668-D), in collaboration with Friends to Mankind Society of Malaysia (2022-09-SEL). The Company is the sole contracting entity under these Terms and is responsible for the operation of the Platform.
• "Dhyan Vimal" means the founder, author, and director associated with the Company, and the owner of certain intellectual property licensed or otherwise made available on the Platform. Dhyan Vimal also contributes content and teachings that may be shared through the Platform. For clarity, Dhyan Vimal is not a contracting party to these Terms and assumes no obligations hereunder. Notwithstanding the foregoing, Dhyan Vimal shall be entitled to the benefit of all disclaimers, indemnities, and limitations of liability contained in these Terms, including but not limited to those relating to intellectual property, data processing, and user communications, as if expressly named therein.
• "Zazen Group" means the collective of affiliated entities, including without limitation:
  1. a. Zazen Worldwide Sdn Bhd (551668-D)
  2. b. Zazen Design & Production Sdn Bhd (644275-H)
  3. c. Friends to Mankind Society of Malaysia (2022-09-SEL)
  4. d. Dhyan Vimal Institute for Higher Learning, Inc. Canada (BC0792263)
  5. e. The Zazen Group may from time to time provide content, services, or support through the Company, but the Group itself is not a contracting party to these Terms. Notwithstanding the foregoing, the Zazen Group and its affiliates, employees, officers, agents, and representatives (collectively, "Relevant Personnel") shall be entitled to the benefit of all disclaimers, limitations of liability, and indemnities contained in these Terms as if expressly named therein.
  6. f. The Zazen Group reserves the sole right to change, add, remove or modify this list of companies at any time without prior notice. The above information is provided by the Zazen Group as a service to its readers and may be used for informational purposes only. The Zazen Group and its affiliates, employees, officers, agents and representatives (collectively, "Relevant Personnel") assume no responsibility for errors, omissions, damage or any inconvenience caused from reliance of the above list.
• "Platform" means the website thepivotpoint.world, and any subsequent URLs, applications, services, or features operated by the Company including news, blogs, events, advertisements and any other contents published on it.
• "Company Content" means all content, data, materials, publications, text, graphics, images, videos, software, trademarks, service marks, trade names, logos, and other intellectual property made available by the Company on or through the Platform, including without limitation the Company's Content Bank.
• "Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether Company Content or Profile Owner & User Content, posted, uploaded, shared, transmitted, or otherwise made available on or through the Platform.
• "External Site" means a website, platform, or service not owned, operated, or controlled by the Company, which may be accessed via outbound links from the Platform.
• "Personal Data" means information about an identified or identifiable natural person that is collected, processed, stored, or used by the Company in connection with the Platform.
• "Builder" (also referred to as "Profile Owner") means an individual who maintains a registered profile page on the Platform (website or App) and is authorised to share, publish, and manage content on their profile whilst engaging with Subscribers for the benefit of the Subscribers and the wider Community.

  A Builder/Profile Owner:

  1. a. must be properly registered and approved by the Company;
  2. b. is responsible for actively curating and managing their profile in line with the objectives and standards of the Platform;
  3. c. retains ownership of their original content but remains solely and fully responsible for its legality, accuracy, appropriateness, and compliance with these Terms and all applicable laws;
  4. d. grants to the Company a limited, non-exclusive, worldwide, royalty-free licence to host, display, review, distribute, and, where necessary, remove or request modification of such content in accordance with these Terms; and
  5. e. acknowledges that the Company's review, editing, or removal of content does not transfer or reduce the Builder's continuing legal responsibility and liability for such content.
• "Subscriber" means an invited registered user with an account ID who has access to the content shared by Builders, but does not operate a profile page.
• "User Content" means any content uploaded, submitted, posted, displayed, or otherwise provided to the Platform by Builders or Subscribers.
• "You/your" means any natural person or legal entity accessing or using the Platform in any capacity, including but not limited to Profile Owners, Subscribers, invited contributors, or other registered users.

2. ELIGIBILITY AND REGISTRATION

2.1 Eligibility

The Platform is a private, invite-only network. Access is restricted to individuals who:

1. (a) are at least eighteen (18) years of age;
2. (b) have received an official invitation from the Company or the Builder; and
3. (c) have completed the registration process and accepted these Terms.

The Platform is not intended for minors, and the Company does not knowingly collect Personal Data from individuals under the age of 18.

2.2 Registration Obligations

By registering as a user of the Platform, 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 at least 18 years old. Minors under the age of 18 are prohibited to register as a user of this Platform and are not allowed to transact or use this Platform.
• your use of this Platform is subject to these rules and all of the enclosed terms and conditions which you as a user accept by contacting and using this Platform 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.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You accept full responsibility for all activities that occur under your account, whether authorized by you or not. The Company shall not be liable for losses or damages resulting from unauthorized access caused by your failure to safeguard your credentials.

2.4 Communications Consent

By registering and using this Platform, you consent to receive communications from the Company, including but not limited to account notices, transactional updates, legal notices, and other communications deemed necessary for the administration of the Platform.

3. COMPANY CONTENT

3.1 Ownership

All rights, title, and interest in Company Content remain the exclusive property of the Company. No rights are granted to you except as expressly set out in these Terms.

3.2 Content Bank

The Company maintains a curated repository of articles, resources, and materials (the "Content Bank"). Builders may reshare Company Content with their Subscribers strictly within the Platform.

3.3 Company Tab

The Company reserves the right to post updates, notices, and announcements directly on Builders' pages via a dedicated "Company Tab," which remains under the control of the Company.

3.4 Download Restrictions

Where Company Content is made available for download, such content may be downloaded solely for personal, non-commercial use, and only one copy may be downloaded unless otherwise expressly permitted. You may not reproduce, distribute, publish, modify, or create derivative works from such content without prior written authorization.

4. USER-SUBMITTED CONTENT

4.1 Approval Process

Builders may submit and publish User Content directly to their profile pages without prior approval. All such User Content shall, however, remain subject to post-publication review by the Company. The Company will ordinarily conduct such review within twenty-four (24) hours of posting but does not warrant or guarantee any specific timeframe for review.

If, upon review, the Company determines that any User Content is non-compliant with these Terms, misaligned with the objectives of the Platform, or otherwise unsuitable for publication, the Company reserves the right, in its sole discretion, to:

1. (a) require the Builder to amend, revise, or edit the User Content;
2. (b) temporarily or permanently remove the User Content; and/or
3. (c) take any further action deemed necessary, including suspension or termination of the Builder's account in cases of repeated or serious breaches.

The Company's exercise of its rights under this clause shall not affect the continuing responsibility of the Builder, who remains solely liable for the legality, accuracy, and consequences of their User Content.

4.2 License Grant

By submitting User Content, Builders grant the Company a non-exclusive, worldwide, royalty-free license to use, store, host, display, edit, modify, distribute, and otherwise make such User Content available on the Platform.

4.3 Responsibility for Content

Builders remain solely and fully responsible for the legality, accuracy, compliance, and consequences of their User Content. Editing, formatting, or approval by the Company does not transfer legal responsibility.

4.4 Modification Obligations

The Company may require a Builder to amend, revise, or resubmit User Content that does not meet Platform standards, compliance requirements, or style guidelines. Failure to comply may result in removal of content, suspension, termination or other legal measures.

4.5 External Sharing

If sharing features are enabled, Builders and Subscribers may share User Content externally. However, all User Content remains subject to the Company's continuing right of review under Clause 4.1.

You acknowledge and agree that any User Content published on the Platform may be removed, edited, or restricted by the Company at any time if deemed non-compliant, inappropriate, or otherwise in breach of these Terms, regardless of whether such User Content has already been externally shared.

The Company assumes no responsibility or liability for the further distribution or use of any User Content that has been externally shared prior to its removal from the Platform. Builders remain solely responsible for the consequences of sharing or permitting the sharing of their User Content.

5. OUTBOUND LINKS AND COMMERCIAL ACTIVITIES

5.1 Outbound Links

Builders may include links that may take you to third party web sites ("Linked Sites"). The Linked Sites are not under the control of the Company, both of whom are not responsible, nor do they endorse the contents of any Linked Site and do not accept any responsibility for the content, accuracy or function of these sites. The Links Sites are provided in good faith as a source of reference only. We cannot be held responsible for any subsequent change in the Links Sites nor the contents or materials posted to these sites by anyone. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

5.2 Transactions

The Company does not process or facilitate payments and is not a party to any transaction between Builders and Subscribers. Builders are solely responsible for pricing, refunds, taxes, shipping, and compliance with applicable consumer and e-commerce laws.

5.3 Commercial Addenda

The Company may require Builders engaging in commercial promotion to enter into separate addenda governing such activities.

5.4 Audit Rights

The Company reserves the right to audit Builders' commercial activities linked through the Platform to verify accuracy and compliance with applicable laws.

5.5 Disclaimer

The Company disclaims all liability arising out of transactions conducted via External Sites. Subscribers engage in such transactions solely at their own risk.

6. SUBSCRIBER DATA

6.1 Ownership

Builders own their direct subscriber relationships within the Platform.

6.2 Company Control

The Company owns and controls the master subscriber database and may use subscriber data for analytics, marketing, and direct communications.

6.3 Prohibition on Export

Builders may not export, sell, rent, or otherwise transfer subscriber lists outside the Platform.

6.4 Continuity of Engagement

In cases of prolonged inactivity, the Company reserves the right to contact Subscribers directly to ensure continuity of engagement.

7. PRIVACY AND DATA PROTECTION

7.1 Consent To Collection, Use & Disclosure of Your Personal Information

As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to register, create an account and use the Platform. As a condition of registering with our Platform or using the Platform's services, you represent that you have first read our Privacy & Data Protection Policy and consent to our and our collection, use, processing, retention, and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information in accordance with applicable laws.

Our Privacy & Data Protection Policy forms an integral part of these Terms and may be updated from time to time. As a condition of accessing the Platform or using any of its features, you agree that you will review the most current version of our Privacy & Data Protection Policy prior to each use.

The Company may also collect and store metadata and contextual data relating to your use of the Platform for purposes of analytics, system improvement and effective running of the Platform. Such data shall be retained in accordance with our Privacy & Data Protection Policy and applicable data protection laws, including but not limited to the Malaysian Personal Data Protection Act (PDPA) and, where applicable, the European Union General Data Protection Regulation (GDPR).

For clarity, the processing, handling, or collection of personal data by the Platform does not create any contractual obligations on the part of Dhyan Vimal personally. All disclaimers, indemnities, and liability protections set out in these Terms extend fully to Dhyan Vimal in relation to any data collection, processing, or use carried out by the Company.

Consent To Our Communication With You By E-Mail/Contact Number

By creating an account, using this Platform, you expressly consent to being contacted by The Company via the email address or contact number you have provided. Such communications may include, but are not limited to, transactional notifications, account-related updates, compliance notices, and other necessary communications related to your use of the Platform or purchases (if any).

If you wish to withdraw your consent to receive non-essential communications, you may do so by following the opt-out instructions provided in our communications or by contacting us directly. However, you acknowledge and agree that certain transactional, compliance-related, or legally required communications may still be sent as necessary for the continued use of the Platform and for the Company to meet its legal obligations.

8. RESTRICTIONS AND PROHIBITED USE

As a condition of your use of this Platform, you may not use this Platform in order to transmit, distribute, store or destroy material 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 Platform, including, but not limited to:

• using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing";
• sending unsolicited e-mail, spam, including promotions and/or advertising of products or services;
• forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
• hijacking all or any part of the Platform content, deleting or changing any Platform content, or linking to the Platform without our specific written permission.

You are prohibited to use or contact this Platform to disrupt or damage the Platform, its contents or its security measures or to harass or disparage the Company or their Relevant Personnel. You may not direct to or through this Platform any unsolicited email (spam).

The Company reserves the right to investigate violations and take enforcement actions including suspension, termination, and legal proceedings.

9. FORUMS, COMMENTS, AND COMMUNITY FEATURES

Where the Platform provides community forums, chat features, or comment sections (collectively, "Forums"). The information and opinions expressed in the Forums represent the individual's own views and not those of the Company or their Relevant Personnel. The Company and/or their Relevant Personnel do not endorse and are not responsible for statements, advices, views or opinions made by anyone, other than the admin of the Company, and they assume no liability or responsibility in connection therewith. For the avoidance of doubt, all disclaimers of liability, indemnities, and limitations of liability set out in these Terms shall apply equally to the Company, the Zazen Group, and their respective Relevant Personnel.

10. TERMINATION AND SUSPENSION

10.1 Company Rights

The Company reserves the right to:

• modify or withdraw, temporarily or permanently, this Platform (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Platform;
• change any of these Terms and the Additional Terms from time to time, effective on the date of posting to the Platform. Your continued use of or access to the Platform and/or placing a purchase following posting of any changes to these Terms and the Additional terms constitutes acceptance of those changes;
• in its sole discretion, terminate your access to the Platform, with or without notice to you, which includes (but is not limited to):
  1. (a) you attempt to gain unauthorized access to the Platform or provide assistance to others attempting to do so,
  2. (b) your overcoming software security features limiting use of or protecting digital media streaming or downloading the content,
  3. (c) discontinuance or material modification of the Platform or any service offered on or through the Platform,
  4. (d) you violate of these Terms,
  5. (e) copyright infringement,
  6. (f) unexpected operational difficulties, or
  7. (g) requests by law enforcement or other government agencies.

10.2 Effect of Termination

Upon termination, access is revoked immediately. The Company may retain User Content and subscriber data for legal and or compliance purposes.

10.3 Override Authority

The Company reserves ultimate authority to remove or restrict members, subscribers, or content in its discretion.

11. LIABILITY AND DISCLAIMERS

Neither the Company, nor Dhyan Vimal, nor the Zazen Group, nor any of their officers, employees, agents, affiliates, or other related personnel ("Relevant Personnel") shall be liable for any direct, incidental, consequential, indirect, punitive, or special damages, costs, losses, or liabilities arising from or related to your access to, use of, or inability to use this Platform.

All Content on this Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express or implied. The Company, Dhyan Vimal, the Zazen Group, and their Relevant Personnel make no representations or warranties regarding:

1. (a) the accuracy, completeness, reliability, or currency of any Content;
2. (b) the suitability or fitness of the Content for any particular purpose; or
3. (c) the availability, functionality, or security of the Platform, including any links to external websites or resources.

You acknowledge and agree that any errors, omissions, or outdated information on this Platform do not create liability for the Company, Dhyan Vimal, the Zazen Group, or their Relevant Personnel, regardless of how such inaccuracies arise.

While every care is taken to upkeep and maintain this Platform, the Company, Dhyan Vimal, the Zazen Group, and their Relevant Personnel give no guarantees as to the completeness, accuracy, currency, or reliability of any Content or the results obtained from its use. No warranty of any kind is given, either express or implied. Information on the Platform may be updated from time to time but may not always be current in every respect. No responsibility is accepted for any loss arising from inaccurate or incomplete information, however caused.

In no event will the Company, Dhyan Vimal, the Zazen Group, or any of their Relevant Personnel be liable for any incidental, consequential, direct, or indirect damages to, or viruses that may infect, your computer equipment, or for any resulting damage to software, computer systems, or data (including loss of data), or other property, by reason of your use of, access to, or downloading of any material from this Platform.

By accessing and using this Platform, you agree that Content downloaded or otherwise obtained through the use of this Platform is obtained entirely at your own risk, and that you will be solely and entirely responsible for any resulting damage to software, computer systems, or data (including loss of data), however caused.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. Accordingly, some of the above exclusions and limitations may not apply to you.

12. INTELLECTUAL PROPERTY AND COPYRIGHT

12.1 Company Rights

All Company Content is protected under copyright and other intellectual property laws. Unauthorized use is prohibited.

All copyrights to the published and unpublished works of Dhyan Vimal, in all formats and mediums—including but not limited to written, audio, video, electronic, and multimedia materials—are exclusively owned or controlled by Dhyan Vimal and/or the Zazen Group. This includes, without limitation:

• Text-based materials (books, articles, news, talks, derivative works, and other writings);
• Audio and visual content (audio recordings, video clips, multimedia productions, music, and photographs of Dhyan Vimal);
• Logos, images, illustrations, graphics, and designs;
• Trade names, trademarks, and other intellectual property associated with Dhyan Vimal.

The term "copyright" as used herein encompasses all copyrights, design rights, moral rights, visual rights, sound recording rights, trademarks, and any analogous rights under international treaties and the laws of all applicable jurisdictions worldwide.

For clarity, the inclusion of works owned or controlled by Dhyan Vimal within the Platform does not create any contractual obligations on his part toward Users. All liability protections, disclaimers, and indemnities set out in these Terms extend fully to Dhyan Vimal.

12.2 User Content

All content submitted by Builders or Subscribers, including but not limited to text, images, videos, and other materials, remains the sole copyright and intellectual property of the respective Builder or user who created or submitted it.

Such User Content is not entwined with, nor does it become the property of, the Company, Dhyan Vimal, or the Zazen Group. The Company assumes no ownership or responsibility for such User Content, except to the extent of the license granted under these Terms to host, display, or distribute such content within the Platform.

Builders and users are solely responsible for ensuring that their User Content does not infringe third-party rights, and they remain fully liable for any claims arising from their submissions.

12.3 Licensing and Permissions

The Zazen Group actively publishes and licenses its works globally. Unauthorized reproduction, distribution, modification, or commercial use of any Company Content is strictly prohibited without prior written consent.

If you wish to request permission, please contact the Company at:

The Content provided on this Platform is offered by the Zazen Group as a service for informational purposes. While the Company strives for accuracy, Dhyan Vimal, the Zazen Group, and their respective personnel assume no responsibility for errors, omissions, damages, or inconveniences that may arise from the use of Company Content or archived materials.

Unauthorized modification, copying, reproduction, selling, distributing, publishing, display, performance, creation of derivative works, hiring, lending, transmission, broadcast, or in any way exploiting any Company Content on this Platform is strictly prohibited. You may not distribute any part of Company Content over any network, including a local area network, sell or offer it for sale, or use such Content to construct any kind of database.

Material from this Platform may not be sold or otherwise distributed for profit. However, you may download items expressly designated as downloadable for your own personal, non-commercial use, provided that you make only one machine-readable copy and/or one print copy.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms 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 Platform shall be governed and construed in accordance with the Laws of Malaysia.

13.2 Dispute Resolution

Disputes shall first be referred to mediation in Malaysia. If unresolved, they shall be submitted to the exclusive jurisdiction of the courts of Malaysia.

13.3 International Users

EU users retain rights under GDPR with respect to Personal Data. U.S. users retain rights under applicable state and federal consumer protection laws.

14. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

If any remedy provided is found to have failed its essential purpose, all limitations of liability and exclusions of damages shall remain in effect.

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.

15. WAIVER

Failure by the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly confirmed in writing.

16. AMENDMENTS

The Company may revise or update these Terms at any time by posting the amended Terms on the Platform. Continued use of the Platform following such updates constitutes your acceptance of the amended Terms. By logging in, you reaffirm your acceptance of the most current Terms.