Virgin ID and Web Terms of Use
These Terms of Use apply to your use of both the Virgin.com website and your use of Virgin ID
Both the Virgin.com website (the “Website”) and Virgin ID are managed and operated by Virgin Red Limited (“we” or “us”). Our company details are Virgin Red Limited, 66 Porchester Road, London W2 6ET. Our company number is 11490861. Our VAT number is (GB) 45216184.
In these Terms of Use we will refer to you as “you” and “your”. These Terms of Use form a legally binding agreement between you and us. We would ask that you take the time to read these Terms of Use carefully especially because they affect your legal rights. They explain a number of things including, for example, the rules covering your use of the Website, the rights and obligations we each have in relation to the use of Virgin ID, as well as other information about your rights.
There is a separate set of terms and conditions that apply to the Virgin Red Programme (including the website pages for that programme available at Virgin.com/virgin-red), which will apply both to your use of those website pages and your use of the Website if you are logged into your Virgin Red account. These Terms and Conditions can be found here.
By using the Website or through the process of Virgin ID creation, you'll be confirming that you have read and understood and agree to these Terms of Use.
These Terms of Use may change from time to time and, if they do, the up-to-date version will always be available on the Website. We will indicate at the top of these Terms of Use when they were last updated.
Please ensure that you check these Terms of Use regularly to view any changes which may have been made relating to your use of the Website or your Virgin ID. By continuing to use the Website after these Terms of Use have changed, you will be confirming that you have read and understood, and agreed to be bound by, any revised Terms of Use.
We will notify you of any material changes in the Terms of Use that apply to your use of Virgin ID and your options in relation to any such changes.
FOR U.S USERS, THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR RIGHTS RELATED TO DISPUTES YOU MAY HAVE WITH US. BY AGREEING TO THESE TERMS, U.S USERS EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Your Information and Privacy
For a more detailed explanation of how we will collect, use and share information relating to when you use the Website or your Virgin ID, and our commitment to protecting your privacy, please see the Virgin Red Limited Privacy Policy
Third Party Content
The Website will contain some content which does not come from us, whether such content is posted by users or otherwise comes from anyone other than us (together, "Third Party Content"). Because of the open nature of the Website, this Third Party Content is not approved by us. We have to state that any views expressed in such Third Party Content may not represent our views and that we shall not be responsible or liable for any Third Party Content or for the consequences of the use of it.
We will include on the Website Third Party Content that is personal opinion and political or controversial in its nature. These views do not necessarily reflect our views and we cannot accept any responsibility for those views.
We may keep an eye on Third Party Content from time to time but please note that we have no obligation to police it. If we have any concerns, we may remove Third Party Content from the Website with or without notice.
If you have any concerns about content appearing on the Website, please contact us using the details set out under the heading “Finally – if in doubt, talk to us” below.
If you use the ‘Report a Scam’ section of the Website any information you provide will be sent to Virgin Enterprises Limited, who may use that information to contact you directly about your enquiry. Similarly, Virgin Management Limited is separately a data controller of the personal data sent through to the Virgin Management Limited managed mailboxes when you contact them using the “Book a Branson” and “Contact Us” pages of the website or when you contact the Virgin Press Office. The addresses for these entities are set out in the Virgin Red Limited Privacy Policy.
Minors
Protecting the online privacy of children is especially important to us. By accessing the Website or providing us with any of your personal information, you'll be representing and warranting that you are 18 or older and that you agree to these Terms of Use. If you are under 18 years old, please do not attempt to use the Website or create a Virgin ID and do not provide us with your name, contact details or any other information about yourself. If we reasonably believe a user to be under 18, we may need to remove their details provided by them from our Website and our records.
Website Guest Blogs and Third Party Content
Guest blogs and Third Party Content posted on our Website don't necessarily represent the views of Virgin Red Limited, Virgin Enterprises Limited or any other Virgin company. Any positive or other review of any venue, restaurant, hotel, museum, product, place, service or any other thing does not constitute a recommendation, endorsement or guarantee by us and we make no representation as to quality. All ratings are intended as a guideline only and we do not guarantee their accuracy.
We make no endorsements, recommendations, guarantees or representations in relation to any restaurants, hotels, museums, products, places, services or any other things that are the subject of reviews or other articles published on the Website. The reviews don't necessarily represent our views. Please read these terms and of use for further details.
Prices, menus, hotel amenities and other indicators in any review published by us are accurate as at the date of going to press, but are subject to change. We make no guarantee that any such information, or information in reviews posted by other users, will be accurate or up to date at the time you read it. Always review travel advice from the Foreign and Commonwealth Office before you decide to visit an international destination.
Virgin will not be responsible or liable for any injury, loss or damage incurred or suffered as a result of any review. This paragraph only applies to the extent that it can in accordance with applicable laws.
Indemnity
Our lawyers have said that we need to include this paragraph which basically requires you to protect us and other Virgin companies against people suing us or them for something bad happening in connection with your use of the Website, your Virgin ID, or your behaviour:
You agree to indemnify and hold harmless Virgin Red Limited, Virgin Enterprises Limited and all other Virgin companies, their subsidiaries and holding companies, the subsidiaries of their 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 and demands suffered in connection with: (i) your conduct in using the Website, (ii) your conduct in using your Virgin ID, (iii) your behaviour towards us, other Virgin companies, our and their representatives, other users, (iv) any breach of law, (v)any breach of these Terms of Use, and/or (vi) or any breach of any third party's rights.
Proprietary Rights
All text, graphics, audio, video or image files, content, software, applications and information displayed on or available from the Website or any Virgin Partner Website (as defined below), and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the "Proprietary Content") are the property of Virgin Red Limited, Virgin Enterprises Limited, other Virgin companies, our users, suppliers or licensors. This includes, without limitation, the organisation and lay-out of the Website and the underlying software that is owned by us, other Virgin companies, our users, suppliers or licensors and any Proprietary Content in the content and operation of Virgin ID.
You agree that Proprietary Content is available for personal use only and that you will not copy, reproduce, publish, distribute or dispose of in any way any Proprietary Content. Neither the Virgin name nor any other Virgin company name, trade mark, logo or design may be used or copied in any manner.
Links to Other Sites
The Website provides, amongst other things, convenient links to other Virgin companies' websites including Virgin Partner Websites (as defined below). You can also contact the Virgin companies through the “Companies” section of the Website. The Website 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 Website 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 will not be liable for any loss or damage which may be suffered as a result of the use of such links and third party sites (including any Virgin Partner Websites). We would encourage you to review the Terms of Use and Privacy Policy on any new site you may choose to access because our Terms of Use and Privacy Policy will no longer be applicable.
We reserve the right to remove a link at any time.
Your Virgin ID
A Virgin ID can be created and allocated to you in different ways, including, when you create an account with a participating partner (a "Virgin Partner") or when you log into an existing account with a Virgin Partner who has adopted Virgin ID for authentication and log-in purposes. Whichever way your Virgin ID is created, these Terms of Use will apply to your Virgin ID and form the contract between Virgin Red Limited and you in relation to that Virgin ID.
Virgin ID allows users to use a single set of log-in details to access their memberships and/or accounts across Virgin Partners. It also allows users to create memberships and/or accounts with Virgin Partners with whom they are not currently registered (subject to completing the relevant sign-up process directly with the Virgin Partner and providing any necessary additional details).
To have a Virgin ID you must be resident in the United Kingdom, the 50 United states or DC and be over 18 years of age. A Virgin ID is for individuals only and must not be used for any business commercial purposes.
Where you wish to sign-up with a Virgin Partner, we can use your Virgin ID to complete the account creation as far as possible. you may need to provide additional information to the relevant Virgin Partner and/or accept additional terms and conditions to complete the account creation.
You must keep us informed of any changes to your personal or Virgin ID details.
Please note that we may make changes to Virgin ID, its functions and services from time to time. We will notify you of any material changes that may affect the services available to you through your Virgin ID and your options in relation to them.
In order to enable the single log-in and account creation services with Virgin ID, we will need to share certain profile information about you with our Virgin Partners.
In order to provide you with a better, more personalised Virgin experience as a Virgin ID holder, we will also collect and share information about how you interact with our Virgin PArtners (although we will only share personal data with Virgin Partners you have chosen to interact with). You can opt-out of sharing your data at any time by changing your settings in your account space.
For a more detailed explanation of how we will collect, use and share information relating to you in connection with your Virgin ID, please see the Privacy Policy.
If you give us your consent to do so, we will also send you information about all things Virgin, including promotions, offers and updates from across the Virgin group.
You must keep your Virgin ID details and Virgin Partner log-in credentials confidential and secure and not share them with anyone else. If you know or suspect that anyone other than you has access to your Virgin ID you should contact us promptly using the details set out under the heading 'Finally - if in doubt, talk to us' below.
We have the right to restrict your access to and use of your Virgin ID, including disabling and identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with these Terms of Use or behaved in an appropriate, misleading or abusive manner.
We may also need to suspend, restrict or withdraw access to some or all of your Virgin ID for operational reasons. We will try and give you reasonable notice if this happens.
We make no guarantees regarding the availability or operation of Virgin ID. We shall not be liable for any loss, damages or inconvenience resulting from such unavailability or lack of operation.
We shall not be liable for any unavailability, non-performance, breach of terms or any other service failure or performance-related issue relating to the services of any Virgin Partner. You should contact the relevant Virgin Partner directly in relation to any such issue.
Lastly, we may transfer our rights and obligations under this section to someone else, such as a different Virgin company. If this happens, we will tell you in writing and make sure the transfer doesn't affect your rights under this section.
You can choose to close your Virgin ID at any time by contacting us at membersupport@virgin.com. This may mean you are no longer able to use or access your membership or accounts with other Virgin Partners that have been created using Virgin ID.
Pop Ups
When using the Website, you may get pop-ups occasionally. We use these for many reasons, like competition entry forms, signing up to our newsletters and questionnaires to help us improve our service to you. Pop-up boxes from the Website are clearly marked with a heading from “Virgin.com”.
You might also get pop-up boxes from other Virgin companies. Again you should be able to identify these, as they should be marked with a heading from the relevant Virgin company.
You might also get pop-up ads from third parties. These may appear due to software you have installed, deliberately or unknowingly, on your computer. Unfortunately, we cannot control these pop-up boxes because they haven't come from us.
We do not endorse any website or product which appears in any pop-ups which do not come from us. Read more about our cookie policy.
Accessibility
If you have trouble using the Website 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 using the details set out under the heading “Finally – if in doubt, talk to us” below. We appreciate your feedback and your suggestions will help us to improve our service to you.
Website information and downtime
The Website may be unavailable occasionally for maintenance, updating or otherwise. Where this happens we apologise for any inconvenience caused. However, we shall not be liable for any loss, damages or inconvenience resulting from such unavailability.
We take great care in seeking to present accurate, transparent and useful information to you as a user. However, as an open platform there is content on the Website which is not generated by us, for example Third Party Content, as described above. Therefore, we should let you know that information on the Website 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 the Website before acting upon it in any way.
Please note that we may make changes to the Website, its functions and services from time to time.
Other Limitations on 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 information. However we cannot take responsibility for:
any breach of security of the Website or Virgin ID;
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; or
any breach of security by hackers in relation to the Website or your Virgin ID.
If we breach these Terms of Use, we shall only be liable to you for losses which are a reasonably foreseeable consequence of such a breach (which means that the losses could have been contemplated by you or us at the time of entering these Terms of Use). In no circumstances shall Virgin Red Limited, Virgin Enterprises Limited or the other Virgin companies 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 Website or any other site. The same applies for the employees, officers, directors, representatives and agents of Virgin Red Limited, Virgin Enterprises Limited and/or the other Virgin companies. This paragraph only applies to the extent that it can in accordance with applicable laws.
Law and Jurisdiction
THE BELOW TERMS REQUIRE U.S USERS TO CONSENT TO BINDING INDIVIDUAL ARBITRATION AND LIMIT THE RIGHT OF U.S USERS TO BRING A LAWSUIT OR CLASS ACTION.
These Terms of Use and any dispute in relation to them are governed by English law and we reserve the right to bring proceedings in the courts in any location, the English courts or whichever forum we feel is appropriate.
As a user, the laws of your location may apply to your online dealings with us via the Website or your Virgin ID 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, however we would encourage you to speak to us if you have any concerns to see if they can be resolved.
U.S. USERS AGREE THAT ALL DISPUTES, CLAIMS, CONTROVERSIES AND MATTERS RELATING TO OR IN CONNECTION WITH THESE TERMS (OR THE BREACH THEREOF) HEREUNDER SHALL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES (“AAA RULES”), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE IN NEW YORK BEFORE A SINGLE NEUTRAL ARBITRATOR APPOINTED IN ACCORDANCE WITH THE AAA RULES AND SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. ALL ARBITRATIONS SHALL BE CONDUCTED AND RESOLVED ON AN INDIVIDUAL BASIS AND NOT A CLASS-WIDE, MULTIPLE PLAINTIFF OR SIMILAR BASIS. NO ARBITRATION SHALL BE CONSOLIDATED WITH ANY OTHER ARBITRATION INVOLVING ANY OTHER PERSON OR ENTITY.
THIS ARBITRATION PROVISION, AS IT APPLIES TO U.S. USERS, IS GOVERNED BY THE FEDERAL ARBITRATION ACT. ALL OTHER SECTIONS ARE TO BE INTERPRETED UNDER ENGLISH LAW.
Other terms — a final word from our lawyers
These Terms of Use and the Privacy Policy constitute the entire agreement between you, the user, and us in relation to your use of the Website and/or your Virgin ID (which includes the details on our approach to cookies set out in the Cookie Policy) and supersede all prior agreements and arrangements between us.
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 will not be impaired.
No failure or delay by Virgin Red Limited, Virgin Enterprises Limited any other Virgin company 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 Red Limited, Virgin Enterprises Limited or any other Virgin company shall be effective unless in writing and signed by an authorised representative of that company. Nothing contained in these Terms of Use limits us in the exercise of any legal or equitable rights or remedies.
Finally — if in doubt, talk to us
If you have any queries, comments or complaints regarding the Website or these Terms of Use, just get in touch. You can write to us at the address below or email us at membersupport@virgin.com
The Webmaster, Virgin Red Limited, 66 Porchester Road, London, W2 6ET, UK.
If you have any queries, comments or complaints regarding the websites of any other Virgin companies or the products or services you receive from them, then please contact them directly. For your convenience, you can contact them through the “Companies” section of our Website.