Eu & UK Addendum

 1. GOVERNING LAW, FORUM, AND ESCALATION PATH

1.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, USA.

 

1.2 Mandatory Local Protections

If you are a consumer resident in the EU or the UK, this choice of Wyoming law does not deprive you of the protections granted by the mandatory consumer protection laws of your country of residence. Where Wyoming law conflicts with such mandatory provisions, the mandatory provisions of your country of residence will prevail.

 

1.3 Jurisdiction

If you are a consumer resident in the EU or the UK, you may bring proceedings relating to these Terms in the courts of your domicile (habitual residence). Virgil Health may bring proceedings against you only in the courts of your domicile (habitual residence). This clause does not restrict any rights you may have to bring or defend proceedings in your home jurisdiction under applicable law.

 

1.4 Pre-Action Requirements.

Before commencing court or tribunal proceedings, you must first send Virgil Health a written notice of claim to info@virgilhealth.care, describing the issue in detail and the remedy sought. Virgil Health will have thirty (30) days from receipt to respond and attempt resolution. This requirement does not prevent you from bringing proceedings after that period.

b) Consumer ADR / Mediation

If the matter is not resolved, you must submit the dispute to a recognized consumer ADR entity in your country of residence or to mediation administered by a reputable provider. Virgil Health will participate in good faith. Completion of this ADR step is required before litigation may be commenced.

c) ODR (Optional)

For EU residents, submitting the matter through the EU Commission’s Online Dispute Resolution Platform (https://ec.europa.eu/consumers/odr/) constitutes satisfaction of the ADR step.

 

1.5 Business and Non-EU/UK Consumers

If you contract with Virgil Health as a business, or as a consumer outside the EU or UK, the arbitration agreement in the Global Terms applies without modification.

 

 

2. REPRESENTATIVE AND COLLECTIVE PROCEEDINGS

2.1 Statutory Collective Mechanisms

This Addendum does not exclude your statutory right to participate in collective proceedings where such mechanisms are expressly provided by law (for example, representative actions by qualified entities in the EU or collective proceedings in the UK Competition Appeal Tribunal).

 

2.2 Certification and Qualified-Entity Requirement

Collective proceedings may proceed only where the legal prerequisites are met, such as certification by a competent authority or initiation by a qualified entity. Virgil Health may request a stay or case-management orders to avoid duplication and inconsistent outcomes where an overlapping representative action is pending.

 

2.3 Assignment and Aggregation

Except as expressly permitted by mandatory law, you agree not to assign, transfer, or aggregate your claim to third-party claims managers or mass-claim vehicles prior to completion of the Pre-Action Notice in Section 1.4.

 

 

3. RIGHT OF WITHDRAWAL (14-DAY COOLING-OFF)

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3.1 Statutory Right

You may withdraw from a distance contract within 14 days of booking, without giving a reason.

 

3.2 Exceptions to the Right of Withdrawal
Under EU and UK consumer law, the statutory right of withdrawal does not apply where (a) a service has been fully performed after your prior express consent and acknowledgement that the right would be lost once performance was completed, or (b) the contract provides for the service to be supplied on a specific date or during a specific period. Consultations booked through Virgil Health are supplied on a specific date and time reserved exclusively for you. By confirming a booking, you provide express consent to scheduling on that date/time and acknowledge that the statutory cooling-off right no longer applies once the booking is confirmed, and the booking fee is non-refundable.

 

3.3 Refunds

If you exercise a statutory right of withdrawal under Section 3.1 and your booking does not fall within the exceptions in Section 3.2, any refund due will be made within fourteen (14) days of your withdrawal notice, using the same payment method unless another method is expressly agreed, and without fees for the refund.

 

 

4. PRE-CONTRACT INFORMATION

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Virgil Health confirms that:

• Its identity and contact details are set out in the “Trader Identity & Contact” section of the Terms.

• The total price, including taxes and fees, the payment methods accepted, and the duration of services are displayed prior to order confirmation.

• Information about the statutory right of withdrawal and the exceptions in Section 3 is provided before contract conclusion, in a durable medium where required.

 

 

5. LIMITATIONS OF LIABILITY

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Nothing in the Terms or this Addendum limits or excludes Virgil Health’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law. Statutory rights conferred on you as a consumer remain unaffected.

 

 

6. ADR/ODR DISCLOSURES

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• EU Residents. You may use the EU Commission’s Online Dispute Resolution (ODR) platform to seek out-of-court resolution: https://ec.europa.eu/consumers/odr/

• UK Residents. Upon request, Virgil Health will identify a certified ADR provider competent to handle your dispute. Participation will follow the process described in Section 1.2(b).

 

 

7. COPYRIGHT / NOTICE-AND-TAKEDOWN

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For consumers resident in Switzerland, any reference in the Terms to the U.S. Digital Millennium Copyright Act (DMCA) is replaced by this clause.

 

Notices. If you believe content available through the Services infringes your rights, send a notice to info@virgilhealth.care that includes: (a) your full name and contact details; (b) identification of the work(s) or right(s) allegedly infringed; (c) the exact location (URL or sufficient description) of the material on the Services; (d) a description of the alleged infringement; (e) a statement that you have a good-faith belief the use is not authorized by the rights holder or the law; (f) a statement that the information in the notice is accurate and that you are the rights holder or authorized to act; and (g) your signature (physical or electronic).

 

Action. Upon receiving a sufficiently precise notice, Virgil Health will assess it and, where legally required, remove or disable access to the material. Virgil Health may notify the user who posted the material and, where necessary, share the notice details to address the claim.

 

Response by the user. The user who posted the material may submit a response explaining why the material is lawful and providing supporting information. Virgil Health will consider the response and may restore or keep the material disabled, consistent with applicable Swiss law.

 

Repeat infringements. Virgil Health may restrict or terminate accounts that are repeatedly associated with unlawful content, taking into account the circumstances and applicable law.

 

Reservation. Nothing in this clause limits any statutory rights or remedies available to rights holders or users under Swiss law.

 

 

8. INSURANCE AND REIMBURSEMENT

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For EU and UK residents:

• Virgil Health does not interact with or submit claims to public health systems, including the National Health Service (NHS) in the UK or statutory health insurance schemes in EU Member States.

• Virgil Health does not interact with private health insurers or employer health plans.

• You are solely responsible for payment of all fees through the platform.

• Any entitlement to reimbursement from a public or private payer must be pursued directly with that payer. Virgil Health has no responsibility to obtain or guarantee reimbursement.

 

 

9. LIMITATION PERIOD

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Any claim must be filed within one (1) year of the date on which it arises, unless a longer limitation period is mandatorily applicable under the law of your country of residence.

 

 

10. PLATFORM SCOPE AND CLINICAL SERVICES

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10.1 Virgil Health provides access to its platform, informational content, and non-clinical services only. Virgil Health does not provide medical consultations, diagnosis, treatment, or prescribing.

 

10.2 If you engage with an independent clinician through the platform, any consultation, diagnosis, treatment, or prescribing is provided solely by that clinician under separate terms and consents presented at the point of care.

 

10.3 Nothing in the Terms or this Addendum creates a physician–patient or provider–patient relationship between you and Virgil Health. Any statutory patient rights under EU or UK law apply only between you and the independent clinician delivering clinical services.