Virsae Terms of Service

Virsae Terms of Service 2018-05-10T14:48:30+00:00

Last updated: May 1, 2018

Virsae (“us”, “we”, or “our”) is a group of companies that provide the virsae.com websites and the Virsae mobile application (together referred to as the “Service”). The companies include Virsae Limited (CN: 4346440) which is incorporated in New Zealand, Virsae, Inc. (FN: 5522302) which is a Delaware registered corporation in the USA and Virsae UK Limited (CN: 10458174) which is incorporated in the United Kingdom.

These Terms of Service (“Terms”) govern your usage of the Service. Please read these Terms carefully before using our Service. Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

If you have entered into a separate agreement with us which covers your account and use of the Service then both these Terms and the terms of that agreement apply. If there is any conflict between any agreements, the separate agreement controls and supersedes these Terms.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Virsae and its licensors. The Service is protected by copyright, trademark, and other laws of both New Zealand and other countries. Our trademarks and trade address may not be used in connection with any product or service without the prior written consent of Virsae.

Restrictions

Your use of the Service is subject to, without limitation, the following restrictions:

Unless you have our express written permission, you may not:

  • Frame, screenshot or download any trademark, logo, or other Service (including images, text, layouts and reports) of ours;
  • Use our name or trademarks in any obvious, hidden or meta form;
  • Modify, adapt or hack the Service or modify another website so as to pass off or falsely imply that it is associated with us or the Service;
  • Access or attempt to access the Service by any means other than what we provide;
  • Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service or its related documentation;
  • Access the Service to design, build, market or sell a similar or competitive website, application or service;
  • Reproduce, copy, duplicate, sell, resell or exploit any portion of the Service;
  • Attempt to disable, impair, or destroy any aspect of the Service or disrupt or inhibit the access to the Service of any others;
  • Misrepresent your relationship with us;
  • Violate our intellectual property or confidentiality rights in any other way.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service, or for your user information to be deleted, please contact us.

Limitation of Liability

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL VIRSAE NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

VIRSAE, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable for any reasons whatsoever, any valid and enforceable portions of those provisions and all other remaining provisions of these Terms will remain in effect.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may not continue to use the Service.

Contact Us

If you have any questions about these Terms, or you would like us to take any of the actions under the Terms, please contact us.

You can email us specifically about data or privacy at: privacy@virsae.com

You can also contact us at the following address:

Virsae Limited
Attention: CFO
PO Box 100120
North Shore Mail Centre 0745
Auckland
New Zealand

For all other inquiries, please visit our contact us web page.