The disclaimer below the fold is used by Virgin in their lounges when you log onto their wi-fi. Yet, like so many disclaimers, although it takes a good while to read, it contains terms almost all of which would be implied in the absence of such a disclaimer. Indeed, if there are any that are not implied, they should be implied. Sad then, that we are presented with the disclaimer – and extremely inefficient for all concerned, though this is not necessarily a criticism of Virgin or even their lawyers. They’re covering themselves.


Please read the following terms and conditions below.
Click the “Accept Terms and Conditions” button to be given access to The Lounge’s network!
Terms and Conditions

1.1 This policy document (“Policy”) sets out Virgin Australia Airlines Pty Ltd ABN 36 090 670 965 policy for use of Virgin Australia computing resources in the Lounge and on any Virgin Australia provided systems and equipment. The policy applies to all members of the Lounge, their guests and any other users using the Virgin Australia computing resources (“Users”).

1.2 Virgin Australia reserves the right to amend this policy as required from time to time.

1.3 Undefined terms in this Policy have the same meaning as contained in the Terms and Conditions of the Lounge, a copy of which is available at http://www.virginaustralia.com/Personal/Services/TheLounge/Join/TermsandConditions/index.htm


2.1.1 Virgin Australia does not guarantee the confidentiality of information stored or transmitted on/through any device belonging to Virgin Australia.

2.1.2 For security and network maintenance purposes as well as ensuring compliance with this policy, authorised individuals within Virgin Australia can and will monitor equipment, systems and network traffic at any time. Virgin Australia reserves the right to audit networks, systems, data, and telephone usage on a periodic basis to ensure compliance with this policy.


2.2.1 Users

(a)Each User acknowledges and accepts that it is individually responsible for their use of the computer resources.(b)Users accessing the Internet in any manner do so at their own risk and Virgin Australia is not responsible for material viewed or received by Users from the Internet.(c)Users are responsible for complying with copyright law and licenses that may apply to software, files, graphics, documents, messages, and other material Users wish to use, download or copy.(d)Each User shall fully indemnify, and hold harmless, Virgin Australia for all actions, proceedings, damages, costs, claims, charges and expenses (including legal expenses) arising from or incurred by reason of any breach of contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising from or in connection with the User’s use of the computer resources.

2.2.2 Virgin Australia

Virgin Australia does not represent or warrant that the computer resources or internet access offered through the Lounge is free from computer viruses or other defects.

2.2.3 Liability

(a)Virgin Australia shall not be held liable for any third party content on the internet that a User, Member or Guest may find offensive, upsetting or defamatory.(b)To the extent permitted by law, Virgin Australia is not liable for any security breaches suffered by Users when using the computer resources (including any personal or information security breaches) and is not liable for any loss or damage suffered as a result of the unavailability of the internet or computer facilities, including interruptions during use.(c)To the extent permitted by law, Virgin Australia is not liable for any direct loss or damage (howsoever caused) in respect of the use or misuse of computer resources. To the extent permitted by law, Virgin Australia shall not be liable to a User, Member or Member’s Guest for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the use or misuse of computer resources.(d)Nothing in this Policy excludes, restricts or modifies any term, condition, warranty or liability which is implied by the Trade Practices Act 1974, where to do so is illegal or would render any of these provisions void. Where liability is imposed on Virgin Australia pursuant to the Trade Practices Act 1974, Virgin Australia’s liability shall be strictly limited to the liability imposed under that Act, subject to any defences available to Virgin Australia.


2.3.1 The computer resources are the property of Virgin Australia.

2.3.2 All Users have a responsibility to use Virgin Australia’s resources in a professional, lawful and ethical manner.

2.3.3 Abuse of Virgin Australia’s computer resources may result in (a) the User being immediately removed from the Lounge; and (b) the User’s membership (if applicable) being terminated or suspended; (c) the User’s content being removed and/or disabled; (d) the User being subjected to investigation and/or civil or criminal prosecution under State or Commonwealth law. Virgin Australia may assist and/or report activities to the relevant authorities.


2.4.1 The following is a list of unacceptable activities which may lead to the User being subjected to remedial action under clause 2.3.3. Further, some activities may also result in legal action being taken against the User. It should be noted that it is in no way an exhaustive list but is meant as a guide as to the type of activities that are unacceptable:

(a)Sending unsolicited e-mail messages, including the sending of ‘junk mail’ or other advertising material to individuals who did not specifically request such material (e-mail spam).(b)Any form of harassment or threat via e-mail, telephone or paging, whether through language, frequency, or size of messages.(c)Deliberate, unauthorised corruption or destruction of IT systems, facilities or data (including deliberate introduction or propagation of computer viruses);(d)Creation, transmission, accessing or soliciting of material which is obscene, pornographic, vulgar, suggestive, defamatory, discriminatory in nature, racist, sexist, or likely to cause distress to some individuals or cultures including making ethnic, sexual-preference, or gender-related slurs or jokes;(e)Transmission or use of material which infringes copyright held by another person;(f)Violation of the privacy of personal information relating to individuals;(g)Unauthorised disclosure of confidential information;(h)Use which significantly degrades system performance for other users, and(i)Use of peer to peer software for unauthorised purposes;(j)executing .exe files and other executable files that may be received through the internet. Such files may potentially contain unknown viruses that may not be intercepted by anti virus measures.(k)Using the computer resources in a way which causes Virgin Australia to be involved in a breach of law (including foreign law), a code or instrument which governs Virgin Australia’s conduct or which results in Virgin Australia being liable to any third person;(l)Using the computer resources to engage in conduct or activities that Virgin Australia could adversely affect or prejudice the Virgin Australia’s reputation or brand; and(m)Using the computer resources for an illegal or improper purpose, or that breaches any of Virgin Australia’s policies.


2.5.1 If a computer resource is suspected of being infected by a virus, Virgin Australia reserves the right to terminate any existing sessions on the machine or any other measure deemed appropriate to limit the risk of the virus spreading.


2.6.1 Virgin Australia can review, read, access or otherwise monitor all e-mail and activities on Virgin Australia’s systems and communications devices to ensure compliance with this policy and other relevant policies. These audits may be carried out adhoc or on request from Virgin Australia management.

2.6.2 Virgin Australia has the right to identify and block e-mail and access to websites containing material that is inappropriate in accordance with the guidelines set out in this policy.

3.1 Security incidents such as suspected hacking, policy breaches, etc. must be reported to Virgin Australia staff as soon as possible.

3.2 If a User thinks that they have been harassed or offended by any unsuitable e-mail, computer, telephone or Internet usage, you should speak to the Virgin Australia staff.

4.1 This policy is governed by and will be construed in accordance with the law in force in the State of Queensland, Australia and Users agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

4.2 If any provision in this policy is void or unenforceable, that provision shall be read down to the extent necessary to make it valid and enforceable and, to the extent that it cannot be so read down, shall be deemed to be severed from this policy.

This entry was posted in regulation. Bookmark the permalink.
Notify of

Newest Most Voted
Inline Feedbacks
View all comments
Ken Parish
12 years ago

This “disclaimer” makes some of your points (and quite a few others) in a highly amusing way. It’s well worth reading.

12 years ago

This disclaimer exists for precisely one reason—to make this email appear more professional. This disclaimer shall not be construed as a guarantee of actual professionalism on the part of the sender.

says it all

KB Keynes
KB Keynes
12 years ago

Ken are you talking asbout disclaimer or datclaimer?

Oliver Townshend
Oliver Townshend
12 years ago

When I was an expert witness on ozemail v trumpet I was surprised at how strong legally the statement “this is sgareware” was. Nothing else had to be said to bring in a whole lot of legal rights. Sadly lawyers I work with are still unable to let things go because “there could be a risk “, and what business can afford that, especially as its never quantified?