Terms & Conditions

Terms and Conditions of Use for ELYSIAN BPO PTY LTD , ABN 50 677 002 872  trading as  ” VA it ” . 

 LAST UPDATED: 1st May 2024

NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses. Supplementary Terms and Conditions for our Directory Members are available via  https://www.va-it.com.au/

GENERAL PROVISIONS

This website is owned and operated by ELYSIAN BPO PTY LTD , ABN 50 677 002 872 , a Victoria, Australia, business.

You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT

All programs, products, and services are owned and provided by ELYSIAN BPO PTY LTD, ABN 50 677 002 872 (“”VA it “” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access “VA it “’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at hello@va-it.com.au and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

YOUR PRODUCT OR COURSE USE AND CONSENT

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of “VA it “, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may use Our intellectual property with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution.

SECURITY AND ASSUMPTION OF RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. Payment of our invoices are handled directly by you (direct EFT details provided on invoices) or payments are processed through third-party processors such as Stripe or Paypal . By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

ASSUMPTION OF RISK

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by Australian law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libellous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and business for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at hello@va-it.com.au.

EARNINGS DISCLAIMER

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

GENERAL DISCLAIMER

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

THIRD PARTY DISCLAIMER

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES DISCLAIMER

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

TECHNOLOGY DISCLAIMER

We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider.

ERRORS AND OMISSIONS

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

INDEMNIFICATION

You agree at all times to indemnify and hold harmless “VA it “, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs , and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).

AFFILIATES

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

MEMBERSHIP SUBSCRIPTION LENGTH, AVAILABILITY AND TERMINATION

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow or disallow any user’s access of Our website, and We may revoke this access at any time without notice or refund or reason, and if necessary, block Your IP address from further visits to Our site(s).

Membership is only open to businesses and persons who spend the majority of their time residing within Australia.

If you are a contractor conducting business within Australia, you must have an Australian Business Number (ABN) to be a Member.

You may not use our website or the information we supply to promote the use or engagement of employees, contractors or subcontractors who do not spend the majority of their time residing within Australia.

We reserve the right to refuse to provide You with access to our website, and while we may provide an explanation we have the right to refuse to provide our reasons for refusing access.

REFUNDS AND TRANSFERS

You have no right to refunds and transfers unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

LISTING SERVICES

We provide free and paid listing services to share approved projects and ongoing work opportunities with our members.

The following applies to all of Our free and paid listing services:

• Within five business days of publishing a listing on our website, We will promote your role via our free mailing list and selected social media accounts;
• When We promote your listing on our website, we will not share your business name or contact details;
• You agree to refrain from identifying yourself or your business on the social posts that “VA it ” publishes to promote Your listing;
• We do not provide any guarantee in regard to the number of virtual assistants or online business managers that will apply for Your role;
• We do not provide any guarantee that You will decide to engage a virtual assistant or online business manager who applies for Your role via the “VA it “;
• We do not provide any guarantee on the length of time a virtual assistant or online business manager will be engaged by You;
• We do not provide any guarantees regarding the identity of referees supplied;
• You are solely responsible for conducting any National database checks required (e.g., Police, WWC, Drivers Licence) and VISA / Right to Work checks;
• We do not provide paid services to business/es that are NOT based either overseas or within the Australian states of NSW, QLD, VIC, TAS or NT.
• You can request to list as many roles as you like;
• You may hire as many of our members as you like;
• Listing with “VA it ” does not provide us with exclusive rights to advertise your role;
• We reserve the right to refuse to list any of the your roles you submit, and while we may provide an explanation we have the right to refuse to provide our reasons;
• You will negotiate rates, negotiate terms and hire your chosen applicant directly with no involvement or risk assigned to “VA it “;
• To the maximum extent permitted by law, We are not responsible for the quality, safety or legality of the opportunities we list, the truth or accuracy of the listings, the ability of businesses to offer work opportunities to our Members or the ability of Members to fill project and job listings and we make no representations about any listings, members, resumes, proposals or User Content on our websites and apps.
• We do not charge a commission on any contract you enter into with our Members;
• You expressly assume any risk of Services; and
• You indemnify and hold harmless “VA it ” and its employees, agents and independent subcontractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided.

The following applies to our free listing service:

• You are solely responsible for vetting applicants for the roles you list;
• We will contact You in approximately 3-4 weeks after listing your role to check if it should remain open, or be marked as closed, and You have one week to ask us to keep Your listing live; otherwise, we mark it as closed.

Additional Terms and Conditions are applicable for Our paid services. Service Agreements are issued for review and signing when Our Paid services are requested.

ENTIRE AGREEMENT

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and “VA it ” relating to the use of this website.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that we assume no responsibility for any unauthorised use or infringement of third-party intellectual property rights resulting from the submission or use of user-generated content.

PRIVACY AND MARKETING CONSENT

All personal information is handled in accordance with these conditions and our Privacy Policy.

As a condition of your engagement with us, we may collect your personal information to enable us to manage, administer, where applicable.

This personal information may also be provided to persons assisting us, i, marketing agencies, media outlets and related businesses, for the purposes of carrying out future promotional campaigns and providing information about our products and services. By your engagement with us, you consent to these uses and disclosures of your personal information.

On entry, you also consent to the retention of your personal information for our use from time to time to let you know about news, offers, products and services that you may be interested in, through any medium. You acknowledge that we may collect and disclose your information to third parties that provide us with data analysis and matching services, as well as general marketing services. 

It is a condition of entry that all Eligible Participants consent to receiving marketing communications from us and any prize supplier and not opt out during the Promotional Period.

After the Promotional Period, you may unsubscribe from marketing communications at any time.

By participating in the Competition, you acknowledge that if you are a Winner consent to us and any prize supplier using your name, likeness, image, voice and entry in any marketing and promotion of the Competition or our/their business.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors, nor any other Promoter, responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your entry into the Competition and/or the prizes. Our liability for any breach of a condition or warranty under these terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

Except for any liability that cannot be law be excluded, we (including its respective officers, affiliated companies, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity) of any kind; whether direct, indirect, special or consequential, arising in any way out of or connected to the Promotion or these Terms and Conditions. 

SOCIAL PLATFORMS

. You agree to release the Platforms from any liability, all claims and demands arising out of, or in connection with, the use of information. You further agree to any rules or guidelines stipulated by the Platform relating to the use of the Platform and your participation in any Competition.

SEVERABILITY

If any term or provision of these terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these terms will remain in full force and effect.

GOVERNING LAW AND JURISDICTION

All terms shall be construed in accordance with and governed in all respects by the laws of Northern Territory, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Northern Territory, Australia.

LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with Australian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Victoria, Australia.

CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.

If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at hello@va-it.com.au.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here are reserved by “VA it “.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.