(a) In these terms, we, us and our means Virgil Assist Pty Ltd (ACN 621 938 850) of Level 5, 11 York Street, Sydney, Australia, NSW, 2000.
(b) These terms apply to your access and use of this website, including any content and products or services provided by us to you via this website (collectively, the Services). By accessing or using the Services you agree to be bound by these terms. If you do not agree to the these terms, you should not access or use our Services.
(c) We may revise these terms from time to time. We will display a notice on this website indicating when any such revisions have been made, for a period of 30 days after the date of revision. These terms were last revised on 3 December 2018.
2. Services intended for use in Australia only
The Services are intended for users resident in Australia only. You should only use and access the Services if you are resident in Australia.
3. Intellectual property rights
(a) Subject to section 7, we grant you a limited, non-transferable licence to access and use the Services solely for your own personal use.
(b) We (or our licensors) retain all right, title, and interest, including all intellectual property rights, in and to the Services. Nothing you do on or in relation to this website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (a), licence you to exercise any intellectual property rights unless this is expressly stated.
(c) Except as provided in these terms, permission to use or copy the Services for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
4. Linking to this Website
(a) We encourage you to provide links to this website. While you may use the name Virgil Assist in the text of any such link, you may not use the Virgil Assist logo or any of our other trade marks without our prior written consent.
(b) You must not frame this website, or represent or imply that any part of this website belongs to anyone other than us.
(c) If we notify you that we object to the manner in which you provide links to this website, you must immediately cease providing such links.
5. Accuracy of content
Some of the information on this website may be based on information made available by third parties. This includes information relating to credit cards and insurance benefits provided by third parties. Virgil has displayed the most common insurance product benefits provided in credit cards and used general language to describe the benefits which may not directly reflect the description of the benefits contained in terms applicable to individual card insurance policies. While we endeavour to ensure this website accurately reflects the information made available by such third parties, errors may occur and those third parties may modify that information without notifying us. As a result, we cannot guarantee that this information is always accurate, up-to-date or complete. You should read the terms applicable to any third party products (including credit cards and associated insurance benefits) before acting or refraining from acting on the information on this website.
(a) You are not required to register to use this website. However certain features, such as our “[Review your Cards]” “[Virgil Assist subscription]” or “[Virgil Assist Claim manager]”, may only be available if you do register an account with us.
(b) You must keep any user name and password that is allocated to you confidential, and promptly notify us if you suspect any unauthorised use of your user name and password. Unless you so notify us, we may assume that anyone using your user name and password is you.
7. Sale of third party products
(a) We may offer third party products for sale on this website. Currently, this is limited to insurance cover which is administered by Cover-More Insurance Services Pty Ltd and issued by Zurich Australian Insurance Limited. We are not the provider of any such third party products, and they are sold subject to the terms and conditions (including privacy policies) imposed by those third parties. You should carefully review those terms and conditions before deciding whether to purchase those products. We may receive a commission from these third parties for products sold through this website.
(b) For the purposes of these terms, the Services include the manner in which we make these third party products available to you for purchase, but do not include the third party products themselves.
8. Modification and cessation
(a) We may, at any time and with immediate effect, modify or cease providing, or terminate your licence to access and use, some or all of the Services.
(b) Consistent with clause 7(b), any such action taken by us will not affect the rights you enjoy in relation to any third party products that you have purchased via this website, which remain subject to the terms and conditions imposed by those third parties.
9. General requirements
In using the Services,
(a) you must not:
(i) violate any applicable laws, or use the Service for any purpose that is unlawful;
(ii) upload, link to, or otherwise distribute any information, material or item which contains a virus, Trojan horse, worm, malicious code or any other harmful or disruptive component;
(iii) impersonate or falsely claim to represent a person or organisation;
(iv) collect or store personal data about other users of this website; or
(v) engage in any other conduct that inhibits any other person from using or enjoying the Services; and
(b) you must ensure that all of the information you provide to us is, to the best of your knowledge, current, accurate and complete.
10. Warranties and liability
(a) All express or implied guarantees, warranties, representations, or other terms and conditions relating to these terms or their subject matter, not contained in these terms, are excluded from these terms to the maximum extent permitted by law.
(a) In particular, and without limiting paragraph (a):
(i) while we endeavour to provide convenient and functional Services, we do not guarantee that that your requirements will be met or that your use of the Service will be uninterrupted, error free or that the Services are free of viruses or other harmful components; and
(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
(c) However nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
(d) Subject to our obligations under any guarantee, warranty, term or condition is implied or imposed in relation to this Agreement under the Australian Consumer Law or any other applicable legislation which cannot be excluded (a Non-Excludable Provision), and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms or their subject matter whether in contract, tort (including without limitation negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$20.
(e) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data,
whether in contract, tort (including without limitation negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(f) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
11. Links and advertisements
The website may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement, unless stated otherwise.
13. Infringing or objectionable content
If you believe the Services contain elements that are objectionable, or infringe copyright or any other rights, please contact us at firstname.lastname@example.org.
(a) If any part of these terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) These terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
(c) Nothing in these terms limits or excludes any liability you or we may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Agreement, where such liability cannot be limited or excluded. Subject to the foregoing, these terms constitute the entire agreement between us and you in relation to the website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation its subject matter.
(d) The provisions of these terms which by their nature survive termination or expiry of these terms will survive termination or expiry of these terms.
(e) No waiver, delay or failure by you or us to take any action will constitute or be construed as a waiver of that or any other term, condition, option, privilege or right you or we may have.
(f) The word “including” when used in these terms is not a term of limitation.