Australia Addendum
ADDENDUM TO THE VIRGIL HEALTH TERMS OF USE
AUSTRALIA ADDENDUM
LAST UPDATED: 01 OCTOBER 2025
PURPOSE OF THIS ADDENDUM
This Addendum supplements Virgil Health’s Terms of Use (“Terms”) for consumers resident in Australia. It modifies or overrides provisions of the Terms only to the extent required by mandatory Australian law (including the Australian Consumer Law). Where there is any conflict between the Terms and this Addendum for such consumers, this Addendum prevails to the extent of that conflict.
For clarity, and only where required by applicable law, this Addendum prevails over any inconsistent wording in the Terms, including any provision purporting to limit remedies to discontinuing use of the Services (the “sole and exclusive remedy” provision), but only to the extent such wording would restrict mandatory rights or remedies under Australian law.
Nothing in this Addendum expands Virgil Health’s obligations or your rights beyond what applicable law requires. All other provisions of the Terms remain unchanged and in force.
1. GOVERNING LAW AND JURISDICTION
1.1 Governing Law. The Terms are governed by the laws of the State of Wyoming, USA. This choice of law does not deprive Australian consumers of the protection of mandatory Australian law. Where Wyoming law conflicts with mandatory Australian provisions, the Australian provisions prevail.
1.2 Jurisdiction (Australian Consumers). Nothing in the Terms prevents an Australian consumer from commencing proceedings in a court of competent jurisdiction in Australia where that right is granted by applicable law. Virgil Health will not rely on any forum clause to the contrary in such cases.
2. PRE-LITIGATION PROCESS (NON-ARBITRAL)
2.1 Pre-Action Notice
Before filing suit, you must email a written notice to info@virgilhealth.care that includes: (a) your full name and address; (b) booking reference(s); (c) a concise statement of facts; (d) the specific contractual provision(s) or legal basis relied on; (e) the remedy demanded; and (f) the key documents you will rely on (attached where possible). Virgil Health has thirty (30) days from receipt to respond and propose a resolution. This requirement does not prevent you from bringing proceedings after that period and does not suspend any mandatory limitation period.
2.2 Mediation
Either party may propose mediation at any time. If both parties agree, each will participate in good faith. Mediation does not restrict your right to bring court proceedings if the dispute is not resolved.
3. COLLECTIVE / REPRESENTATIVE PROCEEDINGS (AUSTRALIA)
3.1 Statutory Mechanisms Only.
You may participate in representative or group proceedings only to the extent expressly provided by Australian law (including applicable Federal and State court rules).
3.2 No Extra-Statutory Aggregation
You may not initiate or join collective proceedings outside those statutory mechanisms. Except as permitted by mandatory law, you may not assign, transfer, or aggregate your claim to third-party claims vehicles or claims managers.
3.3 Individual Steps First. Before participating in any statutory collective proceeding concerning your claim against Virgil Health, you must complete the Pre-Action Notice in Section 2.1.
3.4 Case Management and Stays
Where a statutory collective proceeding overlaps with your individual claim, Virgil Health may request appropriate case-management measures (including stay, coordination, or consolidation where available) to avoid duplication and inconsistent outcomes.
3.5 Security for Costs and Funding Disclosure
Virgil Health’s rights to seek security for costs and, where available under applicable law, disclosure of third-party litigation funding arrangements are reserved.
4. RIGHT OF WITHDRAWAL
Australian law does not provide a general statutory cooling-off right for standard online bookings of services (cooling-off may apply only to specific categories, such as unsolicited consumer agreements). The Terms do not create any additional right of withdrawal beyond what Australian law requires. Bookings tied to a specific date and time may be non-refundable once confirmed, in accordance with the Terms.
5. STATUTORY GUARANTEES AND REMEDIES
5.1 Non-Excludable Guarantees. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
5.2 Remedies for Services.
Scope and exclusions.
This Section applies only to Virgil Health’s booking and scheduling intermediation services. It does not apply to any clinical services provided by independent clinicians, any clinician fees, or outcomes of clinical care.
Definition of “major failure.”
A major failure occurs if any of the following applies:
(a) a reasonable consumer, fully acquainted with the nature and extent of the failure, would not have acquired the services;
(b) the services are substantially unfit for their common purpose and the failure cannot be remedied easily and within a reasonable time;
(c) the services are unfit for a disclosed purpose made known to Virgil and the failure cannot be remedied easily and within a reasonable time;
(d) the services do not achieve a result made known to Virgil and the failure cannot be remedied easily and within a reasonable time; or
(e) the supply of the services creates an unsafe situation.
Notice and opportunity to remedy (non-major failures).
For failures other than a major failure, you must give Virgil written notice of the issue and a reasonable opportunity to remedy it, including reasonable cooperation from you (for example, responding to scheduling options and providing information needed to complete the booking).
Remedies
Major failure: you may cancel the affected booking/intermediation service and obtain a refund of the Virgil booking/intermediation fee for the unused portion of that service. Refunds do not include clinician fees or other third-party charges.
Not a major failure: Virgil will remedy the failure by resupplying the intermediation service within a reasonable time. To the extent permitted by law, Virgil limits its liability for failures other than a major failure to, at Virgil’s option, (i) the resupply of the services, or (ii) the payment of the cost of having the services supplied again.
Calculation and method
Any refund due under this Section is limited to the Virgil booking/intermediation fee actually paid for the affected transaction and will be paid using the original payment method, unless another method is agreed.
Consequential loss
To the extent permitted by law, Virgil is not liable for indirect or consequential loss, loss of opportunity, or costs you incur with third parties (including clinicians), except where such exclusion is not permitted by law.
6. LIMITATIONS OF LIABILITY
Nothing in the Terms or this Addendum excludes, restricts, or modifies any non-excludable rights and remedies under the Australian Consumer Law. To the extent permitted by law, and subject to those non-excludable rights, the liability limitations in the Terms continue to apply.
7. PLATFORM SCOPE AND CLINICAL SERVICES
7.1 Platform Only. Virgil Health provides access to its platform, informational content, and other non-clinical services. Virgil Health does not provide medical consultations, diagnosis, treatment, or prescribing in Australia.
7.2 Independent Clinicians. If you engage with an independent licensed clinician through tools accessible from the Services (including via third-party platforms), any consultation, diagnosis, treatment, or prescribing is provided solely by that clinician under separate terms and consents presented at the point of care. Virgil Health does not supervise or control clinicians’ professional judgment.
7.3 No Virgil–Patient Relationship. Nothing in the Terms or this Addendum creates a practitioner–patient relationship between you and Virgil Health. Any statutory patient rights under Australian law apply only between you and the clinician who provides the clinical services.
7.4 Telehealth Consent and Records. Where telehealth is used, any required patient information and consent is obtained by the clinician at the point of care. Clinical records are maintained by the clinician in accordance with Australian law and professional obligations, not by Virgil Health.
8. COPYRIGHT / NOTICE-AND-TAKEDOWN
For consumers resident in Australia, 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 Australian 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 Australian law.
9. INSURANCE AND REIMBURSEMENT
Virgil Health does not submit claims to or interact with Medicare or with private health insurers in Australia. You are responsible for paying all fees through the platform. Any entitlement to a rebate or reimbursement from a public or private payer must be pursued directly with that payer.
10. LIMITATION PERIODS
Any contractual limitation periods in the Terms apply only to the extent permitted by mandatory Australian law. Where Australian law prescribes longer mandatory limitation periods, those periods apply.