What you need to know about using the VIRTACOM website (the site) and VIRTACOM services.
VIRTACOM and and all registered trademarks are owned and operated by Mind Scope Pty Ltd ACN 098 765 390 (we, us, our). All content on this site is protected by copyright and owned exclusively or licensed by us. See Conditions of Use below such as, but not limited to, Trademarks, Copyrights and Restrictions.
Safety Notice – Important Information
Our services and any other type of digital or actual product or experience we promote, provide for download, sell, share, post, advocate or link to in any way, are intended for personal use or entertainment, promotional and / or information purposes only.
When viewing or using our services or products it is your responsibility as the user to view or use them in a manner that adheres to common sense safety practices, user discretion, personal safety and the safety of others, and in a non-hazardous manner does not create or attract risk to yourself or others and does not create intended or unintended consequential loss or harm whatsoever to any person or persons, company, organisation, group or other entity or party.
Where applicable for viewing 360 content on computers or devices such as not limited to tablets, smartphones, virtual reality HMDs (Head Mounted Displays) or any other device you should adhere to all safety warnings expressed or implied, policies, instructions, local and governing laws and package and product advice provided by each vendor, manufacturer, publisher or seller, with each software or hardware product, headset, piece of equipment or experience, both actual and virtual, to ensure suitability, safety and appropriateness of content or outcomes at all times.
VIRTACOM is not responsible for the use or misuse of any content recorded, created and / or supplied to users or viewers in any way.
If you are under 16, you may only access the site or purchase products from us with the involvement of a parent or guardian. In cases where the use of virtual reality is employed to view our content, you must adhere to the recommended or limited age (13 years of age, unless otherwise stated) and you agree to abide by any such laws, enforcements, policies, warnings, advice or other instruction at all times.
Use of this site and Content
By using this site and accessing any content contained on this site (including recordings, copy, images, trademarks, logos, business names) (Content), you agree to be legally bound by these terms, which shall take effect immediately on your first use of the site. If you do not agree to be legally bound by all the following terms please do not access the site or use our products. These Conditions of Use govern your use of this site and any products, experiences, services or programs, which are provided by us or are available on this site.
By accessing this site, you are acknowledging and accepting these Conditions of Use. These Conditions of Use are subject to change by us at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Conditions of Use regularly.
Site access and security
You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse, suspend or cease your access to this site or any of its resources (including any products available through the site) at any time, without notice.
Refunds and Returns
Subject to any applicable law (including the Australian Consumer Law), there are no refunds for services or products available from Virtacom or from this site. If you are unsure as to if a services or product suits your personal or business circumstances please contact us for clarification.
Restrictions on use
This site is provided so that you may learn about us and the services and products we may provide. You may not use this site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not authorize any other party to:
(i) co-brand this site, or;
(ii) frame this site, without our express prior written permission. For purposes of these Conditions of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party, product or service in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, sell, market or distribute this site or any Content. You agree to cooperate with us in causing any unauthorised co-branding, framing or hyper-linking immediately to cease.
The Content accessible on this site, and any other World Wide Web site owned, operated, licensed, or controlled by us is owned or licensed by us. We do not grant to you any right, title, or interest in or to the Content. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent, except that you may print out one copy of the Content solely for your personal, private and non-commercial use. Without limiting the above, you are prohibited from using any of the marks or logos appearing throughout the site without our express written permission.
This site and its Content are protected by Australian and/or foreign copyright laws, and belong to or are licensed by us. If you are browsing this site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by us. You may not manipulate or alter in any way images or other Content on the site.
Use of our Products
Where our services are provided, issued or sold to a client, the client assumes total responsibility and complete and comprehensive liability as to any and all consequences arising from any public, private or commercial individuals, groups or other parties, including but not limited to those arising from financial, commercial, psychological, emotional, and all other unintended consequential outcomes of using any product or service created by Virtacom, as a result of the intentional or unintentional use, promotion, supply, making available for download, share, post, advocate, link to, recommendation, use for training, any educational or informative purpose, for entertainment and any other action or non-action by the client
Unauthorised copying, public performance, broadcasting, hiring or rental of any of our products or recordings is strictly prohibited.
This site may be hyper-linked to other sites not maintained by, or related to, us. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by us of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or us. We do not represent that we have reviewed any or all of such sites and we are not responsible for the content of those sites. We make no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site or any content available on them. If you hyper-link to a site, please be aware that you will leave our site and may become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the conditions of use of any sites you link to from our site.
You hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us through this site (Submission), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Subject to the law, we will not be required to treat any Submission as confidential, and may use any Submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties, fees or any other consideration of any kind. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission, that it is truthful, current and accurate and that it will not violate any law or the rights of any person or entity.
Downloading or viewing media content or material
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
We makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the products, services or the Content available on this site. We expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the products and services, and the Content available on the site. We do not warrant that the functions performed by the site or the products or services will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. We do not warrant the accuracy, currency or completeness of the content, or that any errors in the content will be corrected. The site, the products, services and the Content are provided on an “as is” and “as available” basis.
Limitation of liability
We and our subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other losses or damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if you have been advised of the possibility of such losses or damages. To the extent permitted by law, in no event will the liability of us, our subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to us for the applicable Content, product or service in respect of which liability arises. We remain liable for all liability that cannot be excluded by law, including without limitation the liability arising under rights and remedies available to a consumer under the Australian Consumer Law.
You must indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from all losses, damages, judgments, awards, costs, expenses, and reasonable legal fees suffered or incurred by an Indemnified Party in connection with any breach by you of these Conditions of Use or arising from any claims brought by third parties against an Indemnified Party arising out of your use of the site or any Content.
Information you provide
You may not post, send, submit, publish, or transmit in connection with this site any Submission or material that:
you do not have the right to post, including proprietary material of any third party for which the third party has not provided consent;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyright or trade mark rights;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorised by us;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
includes MP3 format files and any image. MP4 or other video format file;
disobeys any policy or regulations established from time to time and notified by us regarding use of this site or any networks connected to this site; or
contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, we reserve the right to monitor use of this site to determine compliance with these Conditions of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither we nor any third party that provides Content to you will assume or have any liability for any action or inaction by your such third party with respect to any Submission.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, then we may, subject to the law, release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Conditions of Use.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Conditions of Use or the law.
You waive your right to make any claim against us in respect of any loss, damage, fees or expenses resulting from any action taken by us during, or as a result of, law enforcement investigations and/or from any actions taken as a consequence of such investigations.
These Conditions of Use will be governed and interpreted pursuant to the laws of Victoria, Australia, notwithstanding any principles of conflicts of law. You specifically agree to resolve in a court having jurisdiction in Australia any dispute between you and us arising out of or in connection with these Conditions of Use or pertaining to the subject matter the Conditions of Use. The parties to these Conditions of Use each agree that the exclusive venue for any dispute between the parties arising out of these Conditions of Use will be Melbourne.
If any part of these Conditions of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These Conditions of Use constitute the entire agreement between the parties relating to this subject matter.
We may revise these Conditions of Use at any time by updating and posting the Conditions of Use on the site.
Your privacy is very important to us. Mind Scope Pty Ltd ACN 098 765 390 (we, us, our) will always respect your privacy, your email address, and the information you give us. We are committed to complying with the Australian Privacy Principles, contained in the Privacy Act 1988 (Cth).
Information we collect
We may collect personal information including name, address, telephone number, billing information (such as a credit card number either directly on our website or via PayPal or other means). We may also collect information relating to your membership or purchasing history or preferences, and other information about the type of device being used to access the services. We may collect your information via web forms, paper forms, emails, phone calls, or other methods through which we have contact with you.
How and why we use your information
We will generally only use your personal information for the purpose of providing or improving our products or services or making offers to you about our other products or services. When you sign up on our online programs, products or services, you agree to us sending you relevant information about us, offers, invites and information about our programs, events or products.
We may use information you provide to us to market our products or services directly to you. If you do not wish to receive direct marketing from us, please contact us at the contact details below.
We may share it with our related bodies corporate, contractors, agencies, promotional partners, sub-contractors, our professional advisors, regulatory and government authorities, or other third party service providers who assist us with the purpose for which we collect or use the information.
Personal information that we store is subject to security and access controls, including username and password authentication and data encryption where appropriate.
We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location.
However, while we strive to protect your personal information, you must also take steps to protect your information. We urge you to take every precaution to protect your personal information, including the personal information that you make available while you are on the Internet.
While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
When you email us or contact us via the website
Your emails and submissions to us via the website (other than publicly available posts, blog posts, comments or ratings) are confidential, and we won’t share your email, data, or email address outside our organisation, except to comply with the law.
We use them to help you make using our website easier, such as your language preferences, your interests, to help us better understand what you look at on our website, to let you automatically log into programs and parts of our site that require membership, and to manage and present site info displayed on our website that will be specific to you. We may also use Web Beacons to collect non-personal data on how you use our site.
Posting in one of our forums or blogs
If we hold public discussions through forums within our site this may be on blog posts we put up or in our membership area. Please be aware that this is public space and you agree to be respectful and constructive at all times.
Online shopping or payment
If you order services or products directly from us we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.
Responses to email inquiries
When an individual sends email or other enquiries to us, we use the return email address to answer the enquiry. We may use the return email address in our newsletters or promotions back to you, but will not share the return email address with any third party not associated with us.
Do we share your information overseas?
We do not share personal information with overseas entities. If we are planning to share personal information with an overseas recipient, we will contact you first about obtaining your consent to the disclosure.
How to stop receiving emails from us in the future
If you wish to stop receiving emails from us, you may unsubscribe at any time using the link provided at the bottom of all our emails. You can also request that we stop sending emails by contacting us on the details below. Please note that if we are unable to communicate with you, we may be unable to provide certain products, services, offer or invitations.
If you’re still receiving emails from us after you have requested not to, please direct your request to the contact details below.
Revisions to this policy
We reserve the right to revise, amend, or modify this policy at any time and in any manner, by updating this policy and posting it on our website. An amended policy will be effective upon posting.
Anonymity and pseudonyms
You may choose to communicate with us anonymously or using a pseudonym, however in some circumstances doing so may also affect our ability to provide you with products, services or health services relevant to your needs.
Accessing and correcting your personal information
We will, on reasonable request, provide you with access to the personal information we hold about you where we are legally obliged to do so. Your request should be directed in writing to us via the contact details below or the same means in which you provided the personal information. Your request to obtain access to your personal information will be dealt with in a reasonable time. If the request covers records spanning a substantial period of time or relates to a large number of records, we may request that you put your request in writing. If we refuse to provide you with access to your personal or health information, we will provide you with reasons for such refusal.
For more information about privacy issues in Australia and protecting your privacy, please visit the OAIC website at www.oaic.gov.au.
The VIRTACOM Team