Virgin StartUp Community Platform Terms of Use
Last updated: 1 October 2024
1 Introduction
1.1 General Introduction
We, Virgin Start Up Limited, with company number 03390330 , registered address at 66 Porchester Road, London, United Kingdom, W2 6ET and VAT number 539 1054 51 (“Virgin”, "we" or "us"), operate the platform (the “Community Platform”), and would ask that you take the time to read these Terms of Use carefully. They explain a number of things including, for example, the rules covering your use of this Community Platform as well as other information regarding your rights.
Please note that capitalised terms in these Terms of Use are either defined where they are first used or a definition is included in Section 6.1 (Definitions) below.
By creating an account and using the Community Platform, you’ll be confirming that you have read, understood and agreed to these Terms of Use.
Whilst the Community Platform includes helpful content and facilitates helpful conversations, the resources on the Community Platform and any discussions you have with our partners or other users do not constitute advice and you should think carefully before relying on these. The resources on the Community Platform and any discussions you have are to guide you and are not intended to be a substitute for specific qualified advice that would be tailored to your individual circumstances. Virgin shall have no liability in respect of how you choose to rely on the Community Platform.
Please remember that this Community Platform is made available to you in connection with your membership of the Virgin StartUp Community Platform and you represent that, whilst accessing the Community Platform, you are acting for purposes relating to your trade, business, craft or profession.
1.2 Amendments
Please note that we may make changes to the Community Platform, its functions and services and change the content on it at any time.
These Terms of Use may change from time to time and, if they do, the most up-to-date version will always be available on the Community Platform. We will indicate at the top of these Terms of Use when they were last updated. Every time you wish to use the Community Platform, please check these terms to ensure you understand the terms that apply at that time.
By continuing to use the Community Platform after these Terms of Use have changed, you will be confirming that you have read, understood and agreed to be bound by any revised Terms of Use. Please note that certain functions made available on the Community Platform may be governed by additional terms and conditions.
1.3 Eligibility
When creating an account and later using the Community Platform, you confirm you are: (a) 18 years of age or older; (b) reside in the United Kingdom; and (c) have the power and capacity to enter a binding contract with us.
If you’re under 18, you are not permitted to use the Community Platform or create an account. Please also don’t share your name, Contact details, or any other information about yourself with Virgin. Virgin ask all prospective members to confirm that they are 18 years or older, via a compulsory question on application, to ensure that under 18s do not use the Community Platform.
We do not represent that content available on or through the Community Platform is appropriate for use in locations outside the United Kingdom.
You promise that any registration information that you submit to Virgin is true, accurate, and complete, and you agree to keep it that way at all times. If you do not meet the eligibility requirements when creating an Account on the Community Platform or your circumstances change such that you no longer meet the eligibility requirements, then Virgin may refuse to register you as a member or revoke your membership immediately at any time.
2 Membership Tiers and Products
2.1 Free membership
Certain parts of the Community Platform are provided to members free of charge – these may include, for example, curated content and resources, access to certain live events, introductory episodes from the ‘How to Build a Business’ Course and certain third-party discounts and offers.
2.2 Paid membership
Certain parts of the Community Platform are provided only to paid members (“Paid Members”) at either (i) an annual cost of £150 (inclusive of VAT) (“Annual Membership”) or (ii) monthly cost of £20 (inclusive of VAT) (“Monthly Membership”) – these may include, for example, access to Advisors through pre-bookable ‘Mentor Office Hours’, ‘Power Hour workshops, founder and Advisor peer-to-peer groups, exclusive partnership offers, opportunities and discounts from carefully curated third parties and from around the Virgin Group, full access to the ‘How to Build a Business’ Course and more (“Paid Membership”).
2.3 How to Build a Business Course
Members of the Community Platform may purchase our How to Build a Business Course for £50 plus VAT which includes over 12 hours of exclusive content, filmed with a range of leading founders and experts – and supported by a range of resources and content – covering key areas of starting and scaling a business. The How to Build a Business Course is included as part of the Paid Membership.
Please be aware that Virgin Start Up Limited is not authorised by the Financial Conduct Authority and therefore is not permitted to carry out any “regulated activities” under UK Law, such as managing investments or advising on the merits of an investment, unless it is relying on an available exemption.
2.4 Accessibility & Downtime
If you have trouble using the Community Platform with certain web browsers or other software or if you want to let us know how we can improve accessibility, please let us know by contacting us at community@virginstartup.org. We appreciate your feedback and your suggestions will help us to improve our service to you.
The Community Platform may be unavailable occasionally for maintenance, updating or otherwise. Where this happens we apologise for any inconvenience caused. However, Virgin shall not be liable for any loss, damages or inconvenience resulting from such unavailability.
At Virgin we take great care in seeking to present accurate, transparent and useful information to you as a user. However, there is content on this Community Platform which is not generated by us, for example Third Party Content, as described in Section 3.6 (Third Party Content). Therefore, we should let you know that information on this Community Platform might be out of date, incomplete, contain some errors or be in some way unreliable. Just to be sure, please check any information obtained from this Community Platform before acting upon it in any way.
3 Your use of the Community Platform
3.1 Creating an account
You will need to register an account with us to access the Community Platform (“Account”). When registering an Account, you will be asked to provide certain information (such as your name and email address) and to create a password as part of our security procedures. You must treat the password as confidential and you must not disclose it to any third party.
We have the right to disable your Account, at any time, if in our reasonable opinion you have failed to comply with these Terms of Use.
If you know or suspect that anyone, other than you, knows your Account login details, you must immediately notify us at community@virginstartup.org.
You are responsible for any unauthorised use of your Account login details.
3.2 Payments and cancellations
You may purchase Paid Membership or How to Build a Business Course as set out in Section 2 above.
Virgin will notify you before the end of your Paid Membership to confirm that your payment to Virgin for Paid Membership will automatically renew: (i) each year if you’re on the Annual Membership or (ii) each month if you’re on the Monthly Membership, unless you cancel your Paid Membership before the end of that membership period. You can cancel or renew your Paid Membership directly on the Community Platform in “Account Settings”. The cancellation will then take effect immediately after the last day of your then current Paid Membership period and you will automatically revert to free membership as set out in Section 2.1 above. If you have any questions about cancelling your Paid Membership, you can contact us on community@virginstartup.org for assistance.
Virgin may from time to time change the price for the Paid Membership, How to Build a Business Course or any other products it provides on the Community Platform and we will communicate any price changes to you in advance on reasonable notice. Subject to applicable laws, by continuing to use the Community Platform after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can notify us at community@virginstartup.org prior to the price change going into effect.
3.3 Acceptable Use & Community Guidelines
You agree to:
not use the Community Platform in any way that breaches these Terms of Use or any applicable local, national or international law or regulation;
not copy, or otherwise reproduce or re-sell any part of the Community Platform unless expressly permitted to do so in these Terms of Use;
not do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Community Platform or any equipment, network or software used in operating the Community Platform;
be responsible for configuring your information technology, computer programmes and platform to access the Community Platform.
comply with the
, particularly when commenting and interacting with others on the Community Platform;
behave in a respectful and professional way to other users at all times;
not share any information which is confidential to any other person;
not behave in a way which is threatening, intimidating, harassing or bullying, offensive, abusive, defamatory, discriminatory or demeaning or to stalk or violate the rights of others including individuals' privacy rights; and
not do, cause or permit anything to be done that may infringe, damage or interfere with any copyright, moral rights, performing rights, design rights, trademark rights or other proprietary or intellectual property rights of the Community Platform, Virgin, any other member of the Virgin Group, their respective licensors or any third party.
We do not guarantee that the Community Platform will be secure or free from bugs or viruses. You should therefore use your own virus protection software. You must not misuse the Community Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Community Platform, the server on which the Community Platform is stored or any server, computer or database connected to the Community Platform. You must not attack the Community Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Community Platform will cease immediately.
We provide an interactive chat function for our members to send private messages directly to each other should they enable this function on the Community Platform. We will monitor and moderate the interactive service as we deem appropriate as according to law and otherwise. A member can request to report and block another user. This will be processed in a timely manner. We reserve the right to remove a member if they are found to be breaching the Community Guidelines or these Terms of Use whilst using the chat function.
Please refer to the Community Guidelines for the use of the chat function.
From time to time, we may provide the opportunity to collaborate with other individuals from different companies from within the Virgin StartUp business community or Virgin Companies.
3.4 Illegal content
The presence of content that is harmful to children is prohibited on the Community Platform.
If you upload material, content or messages on to the Community Platform that is clearly is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, we may suspend or revoke your membership immediately at any time.
If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on community@virginstartup.org.
We have performed an illegal content risk assessment which has considered the risk of the following harms; (i) terrorism offences; (ii) child sexual exploitation and abuse (CSEA) offences (including grooming and child sexual abuse material (CSAM)); (iii) encouraging or assisting suicide (or attempted suicide) or serious self-harm offences; (iv) harassment, stalking, threats and abuse offences; (v) hate offences; (vi) controlling or coercive behaviour (CCB) offence; (vii) drugs and psychoactive substances offences; (viii) firearms and other weapons offences; (ix) unlawful immigration and human trafficking offences; (x) sexual exploitation of adults offence; (xi) extreme pornography offence; (xii) intimate image abuse offences; (xiii) proceeds of crime offences; (xiv) fraud and financial services offences; and (xv) Foreign Interference Offence (FIO).
We have undertaken the following measures designed to reduce the risk of encountering illegal content on the Community Platform and to reduce the length of time any harmful content is present on the Community Platform: This includes, but is not limited to, regularly monitoring the platform including evenings and weekends for illegal content, clearly displaying and enforcing Community Guidelines on appropriate use of the platform, and utilising Community ambassadors who also regularly monitor the site. These measures include the use of proactive technology via the Mighty Networks platform, such as content flagging and reporting features. Where illegal content is found on the platform, our policy is to remove such content immediately.
3.5 Your Information and Privacy
For a more detailed explanation of how we will collect, use and store information relating to you, and our commitment to protecting your privacy, please see our Privacy Notice. To learn more about how we use cookies on our Community Platform, please check out the Cookies Notice.
3.6 Third party content
This Community Platform will contain some content which does not come from us ("Third Party Content"). We have to state that any views expressed in such Third Party Content may not represent the views of Virgin and that Virgin shall not be responsible or liable for any Third Party Content or for the consequences of the use of it.
At Virgin we take great care in seeking to present accurate, transparent and useful information to you as a user. However, there is content on this Community Platform which is not generated by us, for example Third Party Content, as described above. Therefore, we should let you know that information on this Community Platform might be out of date, incomplete, contain some errors or be in some way unreliable and we are under no obligation to update any content or Third Party Content on the Community Platform. Just to be sure, please check any information obtained from this Community Platform before acting upon it in any way.
If you have any concerns about content appearing on this Community Platform, please contact Virgin at community@virginstartup.org.
3.7 Links to Other Sites
The Community Platform provides, amongst other things, links to the websites of other companies within the Virgin StartUp business community. Our Community Platform also contains links to other third party websites, resources, advertisements or sponsorships.
If you choose to access any of these links, you will be leaving the Community Platform and, since we don't have any control over these sites, we are not responsible for the content, advertising, products or services available from them, or for any dealings or disputes that you may have in relation to those sites. We wouldn't want you to experience any loss or damage while exploring those links and third-party websites, but if you do, Virgin is not liable for any loss or damage which may be suffered as a result of the use of such links and third party sites. We would encourage you to review the applicable terms of use and privacy policy on any new site you may choose to access because they may vary from our Terms of Use and Privacy Notice, which will no longer be applicable.
We reserve the right to remove a link at any time. We want to keep things fresh and up to date so links may change or be removed every now and then.
3.8 Offer Codes and Discounts
Where you have access to offer codes or discounts on the Community Platform, unless otherwise stated on the offer or code, these offers and codes are provided to Virgin solely for their use on the Community Platform and should not be posted elsewhere. Sharing offers and codes outside of the Community Platform is strictly prohibited and may lead to the closure of your Account. Additional terms and conditions may apply in respect of any offers or discounts on the Community Platform.
If you have a dispute with one or more vendors or other third parties in relation to any offer or discount, you release Virgin (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may feature special offers on the Community Platform. Some special offers commence and end at certain times. We will make reasonable efforts to make sure the timekeeping is correct, and our timekeeping, not any external timekeeper, will determine when offers start and stop.
Due to excessive demand for some special offers, there can be technical systems failures. We are not liable for any losses due to such technical failures. We are not liable for computer, internet service providers, and internet failures that you may experience in general, and specifically as such failures relate to your attempts to reserve a special offer.
The pricing of services and products featured in special offers may be extremely favourable. You agree that should you purchase such services or products, you will not do so for personal economic gain or to re-sell such services or products.
Whilst we endeavour to ensure all discounts and offers work as expected, from time-to-time codes, discounts and links may not work. Virgin makes no guarantee that the offer will work and if the offer does not work as expected users are recommended not to purchase, as Virgin will not be liable to honour any previously advertised discount.
3.9 Ask the Advisors
Paid members of the Community Platform will have access to our “Advisors” which enables Paid Members to interact with featured industry experts “Advisors” in different ways, which may include via pre-bookable ‘Office Hours’ 30-minute calls, ‘Power Hour’ webinars and/or peer-to-peer support groups”.
You accept that requesting a pre-bookable ‘Office Hours’ 30-minute call may require you to provide the Advisor with your name, contact number, email address, reason for the call and any other information to help you and the Advisor to get the best out of your call.
Except for pre-bookable ‘Office Hours’ 30-minute calls with Advisors, you accept that all communications between you and the Advisors must be through the Community Platform only and you agree not to directly request services or contact Advisors without Virgin’s prior consent. You agree to abide by the Community Guidelines when interacting and communicating with Advisors.
Where the Community Platform includes biographical information about an Advisor, Virgin makes no representations or warranties regarding, and shall not be held liable for: (a) the completeness or accuracy of the biographical information of any Advisor; or (b) any advice or information provided by any Advisor. Advisors are independent contractors and are not employees, agents or representatives of Virgin and Virgin is not liable for the acts or omissions of any Advisor.
3.10 Mentoring
Where you are receiving Mentoring Services
Paid Members of the Community Platform will have access to our “Mentoring” feature which enables Paid Members to interact with featured mentors (“Mentors”) in a variety of ways.
One way to access the “Mentoring” feature is via pre-bookable ‘Office Hours’ 30-minute calls and/or via peer-to-peer support groups. You accept that requesting a pre-bookable ‘Office Hours’ 30-minute call may require you to provide the Mentor with your name, contact number, email address, reason for the call and any other information to help you and the Mentor to get the best out of your call.
Except for pre-bookable ‘Office Hours’ 30-minute calls with Mentors, you accept that all communications between you and any Mentor must be through the Community Platform only and you agree not to directly request services or contact Mentors without Virgin’s prior consent. You agree to abide by the Community Guidelines when interacting and communicating with Mentors.
While Virgin will use good faith efforts to assist Paid Members in matching with their preferred Mentor, the Mentor may accept or reject any mentoring requests in their absolute discretion. Mentors are independent contractors and are not employees, agents or representatives of Virgin and Virgin is not liable for the acts or omissions of Mentors.
Where the Community Platform includes biographical information about a Mentor, Virgin makes no representations or warranties regarding, and shall not be held liable for: (a) the completeness or accuracy of the biographical information of any Mentor; or (b) any advice or information provided by a Mentor.
Where you are providing Mentoring Services
If you and Virgin have mutually agreed that you will be a Mentor on the Community Platform, in addition to complying with these Terms of Use and the Community Guidelines, you also agree to comply with the Mentoring Agreement.
3.11 Indemnity
In using this Community Platform you agree to indemnify and hold harmless Virgin and all other members of the Virgin Group, each of their respective subsidiaries and holding companies, each subsidiary of their respective holding companies and each of their respective officers, directors, shareholders, employees, representatives and agents (and you shall continue to indemnify them and hold them harmless) in respect of all losses, liabilities, costs, claims, damages, expenses and demands suffered in connection with your conduct in using the Community Platform, your behaviour towards us, other members of the Virgin Group, our and their representatives, other users, any breach of law, any breach of these Terms of Use or any breach of any third party's rights.
3.12 Online Events
You understand and agree to the following for good and valuable consideration of one peppercorn (receipt and sufficiency of which is acknowledged):
You agree that where you attend a virtual event, session, online webinar or similar on or via the Community Platform (each an “Online Event”) and VSU notifies you that the Online Event is being recoded, VSU may record you, and may use your photographs, videos and your image, name, likeness and other details, as well as related written materials, in public content (together, the “Materials”).
You agree that VSU and its affiliates (including other companies and people within the Virgin Group) can use, edit, copy and adapt any of the Materials, including (for the avoidance of doubt) any recording or image of you and your voice, for or in connection with VSU marketing purposes.
You give VSU and members of the Virgin Group permission to use the Materials without you reviewing them first and without paying you. Some examples of things VSU might use them for are social media posts, website blogs, presentations, posts on the Community Platform and other publications.
You agree that VSU is the sole and exclusive owner of any Materials referenced above, but to the extent necessary, you hereby irrevocably and exclusively assign and grant to VSU with full title guarantee all existing and future rights (including without limitation copyright and performers’ rights) and all other rights, title and interest of whatsoever nature (whether now known or to be devised) in and to the Materials for the full period of copyright and all extensions and renewals thereof.
You grant to VSU any and all consents as may be required for VSU and members of the Virgin Group to make the fullest use of the Materials, in whole or in part, in any and all media (whether now known or to be invented) throughout the world in perpetuity without further liability to you and you hereby irrevocably and unconditionally waive the benefit of any and all of your existing and future moral rights and performers’ rights, which you may have in and to the Materials. You acknowledge VSU shall be entitled to assign on license the benefit and rights granted in this release to any third parties.
You understand that should you not wish to be recorded you can choose to leave the Online Event or you can turn your camera off.
You understand that should you wish to withdraw your consent, you can contact community@virginstartup.org.
4 Intellectual Property Rights and User Content
4.1 How you may use material on the Community Platform
All text, graphics, audio, video or image files, content, software, applications and information displayed on or available from this Community Platform, the VIRGIN name and signature logo, the Virgin brand, and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the "Proprietary Content") are the property of Virgin and other members of the Virgin Group, our users, suppliers or licensors. This includes, without limitation, the Virgin brand, the organisation and lay-out of the Community Platform and the underlying software that is owned by us, other members of the Virgin Group, our users, suppliers or licensors. In particular, the VIRGIN name and signature logo are the property of Virgin Enterprises Limited.
Our brand is what makes us special and unique so we ask your help in protecting our Proprietary Content including, without limitation, photographs on the Community Platform by not sharing it (digitally or otherwise) with anyone outside of the Virgin Group.
You may download material from the Community Platform but solely for your work purposes, and you may not copy, reproduce, publish, distribute or dispose of in any way, any materials on the Community Platform, including but not limited to Proprietary Content for any other public or commercial purpose without our consent. If you are not sure whether you should be sharing it with a particular person, please contact us in advance and we will get back to you. We will not be responsible for any losses resulting from use of any Proprietary Content.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Virgin’s status (and that of any identified contributors) as the authors of content on the Community Platform must always be acknowledged (except where the content is user-generated).
If you print off, copy, download, share or repost any part of the Community Platform in breach of these Terms of Use, your right to use the Community Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.2 User content
Whenever you make comments, post or upload materials on to the Community Platform, or engage with other members on the Community Platform, you must comply with these Terms of Use and our Community Guidelines.
We have the right to remove any post you make on the Community Platform if, in our opinion, your post does not comply with these Terms of Use or the Community Guidelines. If you wish to contact us in relation to content you have uploaded to the Community Platform and that we have taken down, please contact community@virginstartup.org.
Any comments or other materials that you post or upload on to the Community Platform or submit to us through the Community Platform, will be treated as non-proprietary and non-confidential, and we are free to use any ideas, suggestions, concepts, designs, know-how and other information contained in such comments or material for any purpose.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Community Platform constitutes a violation of their intellectual property rights or of their right to privacy.
4.3 Licences that you grant us
When you upload or post content to the Community Platform, you grant us the following rights to use that content:
a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Community Platform and across different media including to promote the Community Platform or Virgin’s services; and
a worldwide, non-exclusive, royalty-free, transferable licence for Virgin’s partners or advertisers to use the content in accordance with the functionality of the Community Platform.
Where applicable, you also agree to waive any moral rights in any content you upload or post on the Community Platform, to the fullest extent permissible by law.
5 Queries, Complaints or Problems
5.1 Complaints
If in doubt, talk to us.
If you have any queries, comments or complaints regarding the Community Platform or these Terms of Use, just get in touch. You can contact Virgin via email at community@virginstartup.org or by writing to us at:
c/o Virgin Start Up Limited
66 Porchester Road,
London,
W2 6ET
UK
When we receive a comment or complaint the following process for responding will be followed;
The Community team will attempt to respond to all complaints within 5 working days;
we will aim to provide a response via 10 working days;
You will be entitled to appeal or follow up your complaint. In order to do this, please email community@virginstartup.org to have the matter escalated;
We will consider all complaints thoroughly, fairly and with due care and attention. At all times, Virgin will reserve the right to carry out the actions at 5.2.
You may have a right to bring a claim for breach of contract if: (a) you generate, upload or share any regulated content which is taken down, or access to it is restricted, in breach of these Terms of Use, or (b) if your membership is suspended or banned in breach of these Terms of Use.
If you have any queries, comments or complaints regarding Third Party Content or the websites, content or material of any members of the Community Platform or the products or services you receive from them, then please contact them directly.
5.2 Suspension and Termination
We must point out that, if you don’t comply with any of these Terms of Use, we may immediately do any or all of the following (without limitation):
issue a warning to you;
temporarily or permanently withdraw your right to use the Community Platform;
suspend or terminate your Account;
report actions to your employer (who may subsequently take disciplinary action against you); and/or
disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
6 These Terms of Use
6.1 Definitions
For the purposes of these Terms of Use and the Community Guidelines, the following Definitions shall apply:
“Virgin Entity” means any of the following:
Sir Richard Branson, any spouse of Sir Richard Branson or any child or remoter issue of his grandparents and any spouses of such child or remoter issue;
the trustee or trustees (acting in their capacity as such) for the time being of any settlement made by any person mentioned in paragraph (a) above, where (i) the principal beneficiaries include any person or persons mentioned in paragraph (a) above or (ii) any person or persons mentioned in paragraph (a) above have the right to exercise significant control (as defined in Section 790C of the Companies Act 2006) over the activities of that trust, whether directly or indirectly and whether in the capacity of settlor or protector of that trust or in any other capacity or otherwise including through any direct or indirect right to appoint and remove trustees of that trust;
any executor, administrator or personal representative of the estate of any person or persons mentioned in paragraph (a) above (acting in their capacity as such);
any person acting as nominee, acting in their capacity as such, for any persons referred to in paragraphs (a) to (c) above;
any entity (with or without a separate legal personality), wherever located, in respect of which any one or more of the persons specified in paragraphs (a) to (d) above (or by any combination of them) has control and where references to “control” in relation to any entity means the power to:
cast, or control the casting of, directly or indirectly, more than 50 per cent. of the maximum number of votes that might be cast at a general meeting of that entity;
directly or indirectly, appoint or remove all, or the majority of, the directors or other equivalent officers of that entity; and/or
give directions with respect to the operating and financial policies of that entity with which the directors or other equivalent officers of that entity are obliged to comply; and
any partnership which is managed by any entity referred to in paragraph (e) above, or any wholly-owned subsidiary of any such partnership or any person acting as a nominee, acting in the capacity as such, for any such partnership.
“Virgin Group” means any of Virgin, any Virgin Entity and any Brand Entity;
“Brand Entity” means any entity which has the name “Virgin” in its title and is party to a trademark licence agreement with Virgin Enterprises Limited.
6.2 Limitation of Liability
It is important to note that using the internet does have its dangers. Our aim is to ensure a fast, reliable and secure service and to protect your personal data. However, we cannot take responsibility for:
any Third Party Content;
the advice, acts, omissions of any Advisor or Mentor or any materials provided by them;
the advice, acts, omissions of any partner featured on the Community Platform or any materials provided by them;
any breach of security of the Community Platform;
any damage, loss or corruption of any data, information or material;
any viruses or other malicious programs that may infect your computer equipment or other property; and/or
any breach of security by hackers in relation to the Community Platform.
Virgin and the other members of the Virgin Group will not be liable for any special, indirect, incidental, consequential or economic loss (or for any exemplary or punitive damages) in connection with the use of the Community Platform. This section only applies to the extent that it can in accordance with applicable laws.
Nothing in these Terms of Use excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; and/or
any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.3 Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or in relation to them (both contractual and non-contractual) are governed by English law. The courts of England and Wales will exclusive jurisdiction over any disputes between us (including non-contractual disputes or claims).
As a user, the laws of your location may apply to your online dealings with the Community Platform and you may have additional legal rights and/or obligations than those provided under English law. We always recommend that you should seek local legal advice if you would like information on additional rights or obligations that you may have under local law, however we would encourage you to speak to us if you have any concerns to see if they can be resolved.
6.4 Entire Agreement
These Terms of Use constitute the entire agreement between you, the user, and Virgin in relation to your use of the Community Platform and supersede all prior agreements and arrangements between us in relation to your use of the Community Platform. You agree that you will have no remedy in respect of any statements, warranties, undertakings or representations given or made by the us regarding your use of the Community Platform and these Terms of Use, except for those expressly set out in these Terms of Use. Nothing in this provision will exclude or restrict ours or your liability arising out of fraud or fraudulent misrepresentation.
6.5 Severability and Waiver
Each of the provisions of these Terms of Use operates separately. If any provision or part of these Terms of Use is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these Terms of Use shall continue.
No failure or delay by Virgin in exercising or enforcing any right, power or remedy which arises under these Terms of Use shall operate as a waiver of that or any other right, power or remedy. No waiver by Virgin shall be effective unless in writing and signed by an authorised representative of Virgin.
6.6 Assignment
We may transfer our rights and obligations under these Terms of Use to another organisation or a member of the Virgin Group. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.