Terms and Conditions

Set out below are the terms and conditions for the mobile applications and websites operated by Skilled Field Pty Ltd (ACN 612 797 912) trading as VIR Crew. By accessing, creating an account with or placing or accepting a request for services via this website, you agree to these terms and conditions. If you do not wish to agree to these terms and conditions, you must not access, create an account with, or place or accept a request for a service via or otherwise use this website.

1. Background

1.1 The Website is owned and operated by VIR Crew.

1.2 By accessing or using the Website You agree to be bound by the terms and conditions set out below and the Privacy Policy located at https://vircrew.com.au/privacy-policy/.

1.3 Please read the Terms and Conditions carefully as they contain important information about Your rights and obligations.

1.4 If You do not wish to be bound by the Terms and Conditions then do not access or use the Website.

1.5 Vir Crew reserves the right to amend the Terms and Conditions from time to time in its sole discretion, so You should check them regularly. By accessing or using the Website at any time, You acknowledge that You have read, understood and agree to be bound by the current Terms and Conditions in use. If You do not agree to the current Terms and Conditions in use, then do not use the Website.

1.6 If You do not understand any of the Terms and Conditions, or You have any questions, please contact Vir Crew at info@vircrew.com.au.

2. Definitions

In these terms and condition, the following words have the following meanings:

App means Vir Crew's mobile applications that are available for download via the App Store or the Google Play Store.

Website means the websites, www.vircrew.com.au and www.vircrew.com and, where the context permits, includes the App.

Skill Provider means a User who uses or accesses the Website in order to provide or offer services to Skill Seekers. Skill Providers may also be Skill Seekers. In these Terms and Conditions, a Skill Provider will therefore be a person who is using the Website in their capacity as a Skill Provider.

Skill Seeker means a User who uses or accesses the Website in order to obtain the services of a Skill Provider. Skill Seekers may also be Skill Providers. In these Terms and Conditions, a Skill Seeker will therefore be a person who is using the Website in their capacity as a Skill Seeker.

Services means the services offered via the Website which allow Skill Seekers to obtain quotes from, interact with, engage and obtain the services of Skill Providers.

Terms and Conditions means these terms and conditions.

You or User means all people who access or use the Website and includes Skill Seekers and Skill Provider, and "Your" and “Users” have corresponding meanings.

Vir Crew, us or we means Skilled Field Pty Ltd (ACN 612 797 912) trading as Vir Crew.

3. The Basics – About Vir Crew

3.1 The Website operates as a venue that allows Skill Seekers to interact with, engage and obtain the services of Skill Providers. Vir Crew is not an agent for Skill Providers or Skill Seekers, nor is it an agent for any third party suppliers of other goods or services that may be advertised on the Website.

3.2 When a Skill Seeker engages a Skill Provider via the Website, a contract is formed between the Skill Seeker and the Skill Provider. The Website acts only as a venue for Skill Seekers and Skill Providers to interact, and Vir Crew is not, and does not become, a party to the contractual relationship that is formed between a Skill Seeker and a Skill Provider. However, as set out below, Vir Crew will mediate between Skill Seekers and Skill Providers in the event of any dispute arising between them.

4. Obligations of all Users that use the Website

4.1 Account Creation

(a) You must create an Account with Vir Crew in order to become a Skill Seeker or a Skill Provider. As part of the Account creation process, and as part of Your continued use of the Website, You will be required to provide personal information about Yourself (such as identification or contact details), including but not limited to:

(i) Your name;

(ii) an email address;

(iii) Your location;

(iv) the industry You work in;

(v) a summary of Your work history;

(vi) details of Your professional qualifications; and

(vii) details of Your education.

(b) Users who wish to be Skill Providers will be asked to provide additional information in order to create an Account. This additional information will include but is not limited to details of Your specialties, Your hourly rate, availability and Your account payment details. And when applicable, the ABN of the Skill Provider.

(c) Additional information may also be requested by Vir Crew from time to time if a complaint is lodged by a Skill Seeker or Skill Provider, or in the case of request from regulatory or legal bodies.

(d) A Skill Provider may opt out from providing services on our Website at any time, provided the Skill Provider has no pending service it is due to provide to a Skill Seeker.

(e) You will not be able to create or maintain an Account with Vir Crew if You fail to provide information that has been requested of You.

(f) You warrant that any information You provide to Vir Crew in the course of creating or using Your Account will always be accurate, correct and up to date.

(g) Once You have completed the Account creation process, You will be an Account Holder of the Website and warrant that You have read, understood and agreed to be bound by these Terms and Conditions, as amended from time to time.

(h) You may not become an Account Holder, acquire the services of a Skill Provider or provide services to a Skill Seeker and may not accept the Terms and Conditions if:

(i) You are under the age of 18 or lack capacity to form a binding contract with Vir Crew; or

(ii) You are a person barred from providing or receiving services of the kind being offered or requested under the laws of Australia or the laws of other relevant countries including the country in which You are resident or from which You use the Website.

4.2 Use and misuse of the Website and Your Account

4.2.1 When using Your Account, You must:

(a) accept responsibility for all transactions entered or activity that takes place on or via Your Account;

(b) maintain the confidentiality of Your logon credentials and password;

(c) immediately notify Us of any unauthorised use of Your logon credentials, or password or any other breach of security;

(d) not attempt to undermine the security or integrity of Our computing systems or networks;

(e) not use, or misuse, the Website in any way which may impair the functionality of the Website, or other systems used to deliver the Services or impair the ability of any other User to use the Services or Website;

(f) not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;

(g) not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);

(h) not use the Website or any communication tool available on the Website for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, content that may be offensive to any other Users or bring Vir Crew, the Services or the Website into disrepute; and

(i) must not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

4.2.2 Vir Crew cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on the Website, and You release Vir Crew entirely of all responsibility of any consequences of its use.

4.2.3 The Website and its contents are provided to You on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.

4.2.4 Skill Seekers and Skill Providers must complete all transactions with each other via the Website and may only communicate with each other using the Website’s communication tools. Skill Seekers and Skill Providers must not communicate with each other outside of the Website.

4.2.5 Vir Crew reserves the right to change the Website at any time.

5. Quotes, Fees and Charges

5.1 How do Skill Seekers engage the services of a Skill Provider?

(a) Skill Seekers who wish to engage the services of a Skill Provider must submit a meeting request via the Website. This request should set out full details of the services that the Skill Seeker would like the Skill Provider to provide, including the time and duration of any meeting.

(b) The Website will then generate a payment request for the meeting. This payment request will also include Vir Crew’s service fee, which is currently [10%] of the Skill Provider’s [GST exclusive] fees. For users located in Australia, GST will be automatically added to the payment request.

(c) Upon the Skill Seeker providing their payment details and authorising payment in response to a payment request, the Website will automatically convey the Skill Seeker’s meeting request to the Skill Provider. The Skill Seeker’s card or account will not be charged, however, unless and until the Skill Provider accepts the meeting request.

(d) When requesting a meeting via the Website, the Skill Seeker may specify a period within which it must be accepted by the Skill Provider. If a meeting request is not accepted within that period, it will lapse.

(e) The maximum period for acceptance that may be set by a Skill Seeker is [72 hours]. If no period is specified, the meeting request will automatically lapse [72 hours] from when the meeting request was generated, or 1 hour before the proposed meeting time if a request has been made for a meeting to occur within [72 hours] of the meeting request.

(f) Skill Providers may accept or decline a request for a meeting at any time before the meeting request lapses. Once a meeting request has lapsed, it will no longer be able to be accepted.

(g) Upon accepting the meeting, the Skill Seeker and Skill Provider are deemed to have entered into a binding contract with each other in relation to the online meeting which is governed by these Terms and Conditions. Vir Crew is not a party to this contract.

(h) Skill Seeker may separately request “offline” services that the Skill Provider will need to undertake outside of the meeting requested.

5.2 When and how does the Skill Provider get paid?

(a) Payments will be released to Skill Providers on a weekly basis (currently a Thursday) and no earlier than three days after the Skill Seeker was due to meet with or provide the services to the Skill Provider. For the avoidance of doubt, this means that payment for meetings that occur during any given week will be released on Thursday of the following week. Although payments will be released on Thursdays, processing times may vary. When a Skill Provider will receive funds that have been released to them will depend upon factors including the policies of their nominated banking institution.

(b) Skill Seekers who wish to raise a dispute with a Skill Provider or who do not believe that a Skill Provider is entitled to receive payment, for any reason, must notify Vir Crew via the meeting page or the contact us form on the Website before the expiration of [24 hours] after the agreed expected performance completion time.

(c) If a Skill Seeker does not notify Vir Crew that a Skill Provider is not entitled to receive payment before [24 hours] after the agreed expected performance completion time, payment may be made to the nominated Skill Provider by Vir Crew and Vir Crew will not be held responsible in the event that Vir Crew is not able to recover that payment from the Skill Provider.

5.3 Payment Method

(a) Vir Crew currently collects payment via PayPal or by direct funds transfer. By using the Website and remitting payment via PayPal, You warrant that You have familiarised Yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by Pay Pal.

(b) By requesting a meeting, Skill Seekers acknowledge and agree that payment must be cleared by Vir Crew to its satisfaction before it will confirm to the Skill Provider that the Skill Provider’s services may be provided.

5.4 GST

(a) In this clause, words and phrases that have particular meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning as in that Act.

(b) Vir Crew will issue to Skill Seekers who are located in Australia a Tax Invoice in respect of services acquired via the Website. Skill Seekers will not receive a separate invoice from Skill Providers.

(c) By using the Website a Skill Provider agrees to allow Vir Crew to act as an agent pursuant to Subdivision 153-B of the GST Act for the sole purpose of any GST consequences in relation to the Skill Provider’s services and any other services contained in these Terms and Conditions (Agency Supplies). The parties agree that Vir Crew only acts as an agent for a Skill Provider for the purposes of the GST Act and that it is not an agent of a Skill Provider for any other purposes.

(d) The parties mutually agree that pursuant to the GST Act that Vir Crew shall make supplies on behalf of a Skill Provider and for the purposes of GST all supplies made through the Website under these Terms and Conditions will be treated as having being made by Vir Crew and not a Skill Provider.

(e) For the avoidance of doubt, this means that Vir Crew will be treated as making supplies to Skill Seekers and the Skill Provider will be treated as making corresponding supplies to Vir Crew. Vir Crew will issue to Skill Seekers in Vir Crew’s own name all tax invoices and adjustment notes relating to the services provided by the Skill Provider. The Skill Provider will not issue to Skill Seekers any tax invoices or adjustment notes relating to supplies made by them.

(f) If the Skill Provider is registered for GST, Vir Crew will pass to the Skill Provider the GST it has collected on the Skill Provider’s behalf.

(g) The agreement referred to in clauses 5.4(a) to (f), above, between Vir Crew and a Skill Provider will cease to have effect if Vir Crew ceases to be registered for GST.

The agreement referred to in clauses 5.4(c) to (f), above, between Vir Crew and a Skill Provider will cease to have effect if the Skill Provider ceases to be registered for GST.

6. Cancellations and Changes

6.1 How are cancellations and changes made?

Cancellations and variations may be requested via the Meeting Page on the Website.

6.2 What happens if I request a change or wish to cancel?

(a) Skill Seekers can change meeting details at any time before a meeting has been accepted by the Skill Provider. Changing the duration of the meeting that has been requested will result in a new payment authorisation followed by, when successful, a release to the previous authorization.

(b) Skill Providers may ask Skill Seekers to change any of the meeting details prior to accepting a meeting request. As set out above, changing the duration of the meeting that has been requested will result in a new payment authorisation followed by, when successful, a release to the previous authorization.

(c) After a meeting has been accepted and payment has been captured, Skill Seekers and Skill Providers may request that meeting times be rescheduled in accordance with the following procedure:

(i) Rescheduling requests may be made up to [2 hours] prior to the scheduled meeting time.

(ii) After a rescheduling request has been made, the other User then has the option of accepting or rejecting the changes requested in a rescheduling request.

(iii) If changes are accepted, the meeting will be rescheduled.

(iv) If changes are rejected, the meeting will continue as originally scheduled.

(v) Where there is no response, the change request will automatically lapse [24 hours] from the request time, or [2 hours] prior to the scheduled meeting time (whichever occurs sooner) and the meeting time will remain unchanged.

(d) Skill Seekers who cancel a scheduled meeting within [48 hours] of the scheduled commencement time, or fail to attend a scheduled meeting, will receive a refund in respect of the Skill Provider’s fees. However, Vir Crew’s service fees will not be refunded.

(e) If a Skill Provider cancels a scheduled meeting within [48 hours] of the scheduled commencement time, or fails to attend a scheduled meeting, the Skill Seeker will be refunded all amounts paid by them. In these circumstances, the Skill Provider must pay to Vir Crew the service fee that has been refunded to the Skill Seeker. A payment request will therefore be generated via the Website for the Skill Provider to pay before the Skill Provider will be permitted to cancel a meeting. If a Skill Provider fails to attend a scheduled meeting, this service fee will be offset against and deducted from any other amounts Vir Crew is due to pay to the Skill Provider. If no payments are currently due to be paid, a credit will be saved against the Skill Provider’s account and offset against or deducted from future payments that become due to be paid to the Skill Provider by Vir Crew. In these circumstances, and when appropriate, Vir Crew may provide the Skill Seeker a discount voucher in order to compensate them for the inconvenience they have suffered.

(f) If either party cancels a scheduled meeting more than [48 hours] before the scheduled commencement time for that meeting, a refund will be made to the Skill Seeker.

(g) All refunds are exclusive of any third party transaction fees. Transaction fees that are collected by third party payment service providers are non-refundable.

7. Disputes

7.1 Skill Seekers who wish to raise a dispute with a Skill Provider must notify Vir Crew via the meeting page or the contact us form before [24 hours] after the agreed expected performance completion time has elapsed.

7.2 Where a dispute between a Skill Seeker and a Skill Provider is notified to Vir Crew, Vir Crew will attempt to mediate a resolution between the parties and, provided that it has not already remitted payment to the Skill Provider, will withhold payment pending the resolution or determination of that dispute.

7.3 If the parties are not able to reach agreement as to the outcome, Vir Crew will investigate whether there has been a breach of these Terms and Conditions and will make a determination as to the appropriate remedy. This may involve providing a full or partial refund of the fees payable to the Skill Provider

7.4 Vir Crew’s fees for this dispute resolution service will be 10% of the fees collected by Vir Crew on behalf of the Skill Provider, which will be deducted from the Skill Provider’s fees that have been collected. Vir Crew’s 10% service fee will also not be refunded. For the avoidance of doubt, in the event of a dispute, this means that the maximum refund to a Skill Seeker would be the reimbursement of 90% of the fees that would have been payable to the Skill Provider and the maximum amount payable to the Skill Provider will be 90% of the fees that would have otherwise be payable.

7.5 The parties agree that Vir Crew’s determination will be final.

8. Warranties all Users make

8.1 By using the Website, You represent and warrant that:

(a) all information (including personal information) and data provided by You to us through the Website is true, accurate, complete and up to date;

(b) You have read, understood and agreed to these Terms and Conditions;

(c) You have capacity to agree to these Terms and Conditions;

(d) You have not been induced to agree to these Terms and Conditions by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in these Terms and Conditions;

(e) You have had the opportunity to seek legal advice as to the meaning and effect of these terms and conditions; and

(f) You have complied with all Laws.

9. Intellectual Property Rights

9.1 This Website and all content forming part of the Website, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.

9.2 You acknowledge and agree that Vir Crew owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.

9.3 You also acknowledge that the information provided by Skill Providers are protected by intellectual property laws and cannot be stored, copied, reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent or the consent of the relevant Skill Provider.

9.4 You may not:

(a) modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or

(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

9.5 Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in Your computer's cache and a single copy for Your own personal use, any of the Website content (including any substantial part of it) must not otherwise be used, stored, copied, reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.

9.6 If You post material to the Website or correspond or otherwise communicate with us, You automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of Your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing Your ideas and suggestions for improved products or services we provide.

10. App Specific Terms

10.1 This clause 10 applies to the App.

10.2 By downloading and/or using the App, you agree that you have entered into an agreement with us, and not with Apple or Google. We are solely responsible for any product warranties, if any, pertaining to the App, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in these Terms and Conditions.

10.3 By downloading the App from the App Store or from Google Play, Vir Crew grants you a non-transferable license to use the App on any iPhone, iPod touch or other relevant device that you own or control as permitted by the usage rules of the Google Play Store, the App Store, the App Store terms of service and the Google Play Store terms of service.

10.4 The parties, namely You and Vir Crew, acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.

10.5 In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to your use of a version of the App downloaded through the App Store You may notify Apple, and Apple will refund the purchase price for the App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.

10.6 The parties acknowledge that Vir Crew, and not Apple or Google, are responsible for addressing any of your claims relating to the App or your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.

10.7 The parties acknowledge that Vir Crew, and not Apple or Google, are responsible for any claim that the App infringes any third party intellectual property rights and that Vir Crew, and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.

10.8 You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

10.9 The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary of these Terms and Conditions.

10.10 Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.

10.11 For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provision of these Terms and Conditions.

11. Third party Websites

11.1 This Website may contain links to other web sites controlled by third parties (Third Party Websites).

11.2 Vir Crew is not responsible for the content or privacy practices of Third Party Websites.

11.3 The Third Party Websites are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by Vir Crew of the third party or the products or services provided by the third party or any affiliation between Vir Crew and the third party.

11.4 You access Third Party Websites and/or use those Third Party Website’s products and services solely at Your own risk and should make Your own enquiries before relying on any content contained in such Third Party Websites.

12. Use of Cookies

12.1 Cookies are small pieces of information that Your browser stores on Your computer hard drive.

12.2 We use Cookies to provide You site usage information as well as to assist us to improve and develop the Goods and services we offer. Our cookies do not contain any personal identifiable information.

12.3 If You disable cookies on Your web browser, You may not be able to fully experience all features of the Website.

13. Accuracy of communications

13.1 You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by You using the Website are true, complete and accurate.

13.2 If You are or should reasonably to be aware that a communication has been corrupted, You must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.

13.3 To the fullest extent permitted by any applicable laws, Vir Crew hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.

14. Availability, withdrawal and suspension of service

14.1 Whilst we endeavour to provide continuous access to the Website, we do not warrant that Your access will be safe, uninterrupted, timely, secure or error free.

14.2 Vir Crew may at its discretion withdraw completely, or suspend for a period of time, the Website, or Your access to it for any reason including without limitation:

(a) if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;

(b) if You breach any part of these Terms and Conditions; or

if You use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.

15. Exclusion and limitation of liability

15.1 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.

15.2 Vir Crew and its related bodies corporate, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or services included on the Website, except as otherwise provided under applicable laws.

15.3 Subject to any rights you have under any consumer protection law, Vir Crew excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.

15.4 Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

15.5 To the maximum extent permitted by applicable law, neither Vir Crew, nor its related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:

(a) the Website;

(b) Your use of the Website and any sites linked to the Website;

(c) any information obtained through the Website;

(d) the services supply by You or services supplied to You following Your use of the Website including, without limitation, the services supplied by any Skill Provider to any Skill Seeker;

(e) any failure by a Skill Provider to provide services as agreed with a Skill Seeker or at all;

(f) any breach of intellectual property rights or breach of confidentiality by a Skill Provider or a Skill Seeker;

(g) reliance on or failure to act, on any information or service contained on or accessed through the Website;

(h) a withdrawal or suspension of availability of a service;

(i) errors, mistakes, inaccuracies or omissions on the Website;

(j) personal injury or property damage of any nature resulting from Your access to or use of the Website;

(k) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

(l) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;

(m) the quality of any product or service of any linked sites; or

(n) an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to or cessation of access to the Website,

in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.

15.6 Without limiting the foregoing, our liability to You for loss or damage of any kind arising out of these Terms and Conditions (if any) will be reduced by the amount that You have directly or indirectly caused or contributed to any loss or damage.

15.7 Without limiting the foregoing, to the extent permitted by law, the liability of Vir Crew for any claim will at all times be limited to supplying You the Services offered by Vir Crew again.

15.8 You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that we, our affiliates and related entities have no responsibility for the legality of Your actions.

16. Indemnity

16.1 You will at all times indemnify, and keep indemnified, Vir Crew and Vir Crew’s directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by us arising from any claim, demand, suit, action or proceeding by any person against You or us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms and Conditions.

17. Termination

17.1 You may stop using the Website at any time for any reason.

17.2 Vir Crew may suspend or limit Your access to the Website in our absolute discretion without notice or liability to You for any reason.

17.3 Vir Crew reserves the right to, at its discretion, terminate these Terms and Conditions and Your access to and use of the Website at any time.

17.4 The exclusions and limitations of liability made by us in these Terms and Condition will survive termination or suspension of Your access to the Website.

18. General

18.1 Vir Crew may in its sole discretion amend these Terms and Conditions at any time. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time when a meeting is booked are those that govern Your relationship with Vir Crew with respect to that meeting.

18.2 Vir Crew may give notice to You by electronic mail. You may give notice to Vir Crew by electronic mail to info@vircrew.com.au.

18.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.

18.4 A failure or delay by Vir Crew to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Vir Crew does not preclude its future exercise or the exercise of any power or right by or on behalf of Vir Crew.

18.5 Your use of this Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from Your use of this Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.

18.6 The Website may be accessed throughout Australia and overseas. Vir Crew makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If You access this Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the Website.

(c) Copyright Skilled Field Pty Ltd and contributors, [1/4/2017].

The contents of this website are protected by copyright law. Copyright in this material resides with Skilled Field Pty Ltd or various other rights holders. Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.