published on 26 May 2025 by vigil solutions hub - Terms of Use

This Terms of Use is effective as of its last update date

1. Introduction

Welcome to Vigil Solutions Hub ("Vigil", "we", "us", or "our")! These Terms of Use ("Terms") govern your access to and use of our website, mobile applications, APIs, software, and all related services (collectively referred to as the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you are not authorized to use the Services.

Entity Information:

  • Company Name: Vigil Solutions Hub
  • Address: PO Box 255, Coogee NSW 2034, Australia
  • Contact: hello@vigil.sh

These Terms of Use apply to all products and Services offered by Vigil Solutions Hub and should be read in conjunction with our Privacy Policy and End User License Agreement, which are available on our website.

If you are a consumer within the meaning of the Australian Consumer Law, certain rights and remedies may be available to you under the Australian Consumer Law and other applicable Australian consumer protection laws, which cannot be excluded, restricted, or modified by these Terms. These Terms do not exclude, restrict, or modify any such rights or remedies.

2. Use of the Services

2.1 Eligibility

  • You must be at least 18 years old to use the Services
  • You must have the legal capacity to enter into binding agreements under Australian law
  • You must not be prohibited from using the Services under any applicable Australian or international laws
  • If you are using the Services on behalf of a business, you warrant that you have authority to bind that business to these Terms

2.2 User Accounts

  • You may be required to create an account to access certain features of the Services
  • You are responsible for maintaining the confidentiality and security of your account information, including your username and password
  • You must provide accurate, current, and complete information when creating your account
  • You are fully responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account
  • We reserve the right to suspend or terminate accounts that violate these Terms

2.3 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

Prohibited Activities:

  • In any way that violates any applicable Australian or international law or regulation
  • For any harmful, fraudulent, or unauthorized purpose
  • To infringe on the intellectual property rights of others
  • To transmit viruses, malware, or other harmful code
  • To interfere with or disrupt the Services or the servers or networks that support them
  • To attempt to gain unauthorized access to our systems or other users' accounts
  • To impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • To engage in data scraping, mining, or extraction activities without our express written consent
  • To use the Services for commercial purposes beyond your subscription level
  • To resell, redistribute, or sublicense access to the Services without authorization

2.4 API Usage

If you access our APIs:

  • You must comply with all API documentation and usage guidelines
  • You must not exceed rate limits or attempt to circumvent usage restrictions
  • You must implement appropriate security measures to protect API keys and tokens
  • You are responsible for all activity conducted through your API credentials

3. Content and Intellectual Property

3.1 User Content

  • You are solely responsible for any content you upload, post, or share through the Services ("User Content")
  • You retain all ownership rights to your User Content
  • You grant Vigil a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and translate your User Content solely for the purpose of providing and improving the Services
  • You represent and warrant that you have all necessary rights to grant this license
  • You must not upload content that infringes third-party rights or violates applicable laws

3.2 Our Content and Services

  • All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are owned by Vigil or its licensors
  • This content is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws
  • You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content except as expressly permitted by these Terms

3.3 Third-Party Content

  • The Services may contain content from third-party sources ("Third-Party Content")
  • Vigil does not control or endorse any Third-Party Content
  • We make no representations or warranties about the accuracy, reliability, completeness, or safety of such content
  • Your use of Third-Party Content is at your own risk and subject to the terms and conditions of the respective third parties

3.4 Data and Information Services

  • Our DataMill and other data services provide access to business information compiled from various Australian government and commercial sources
  • This data is provided "as is" and we make reasonable efforts to ensure accuracy but cannot guarantee completeness or currency
  • You acknowledge that data may be subject to delays, inaccuracies, or omissions
  • Your use of the data must comply with applicable laws including privacy and data protection requirements

4. Subscription Services and Payment Terms

4.1 Subscription Plans

  • Access to our DataMill API and premium features requires a paid subscription
  • Subscription plans and pricing are available on our website
  • We reserve the right to modify subscription plans and pricing with reasonable notice

4.2 Payment Terms

  • Subscription fees are payable in advance for each billing period
  • We accept major credit cards and other payment methods as specified on our website
  • All fees are exclusive of applicable taxes, which you are responsible for paying
  • Failed payments may result in suspension or termination of your account

4.3 Automatic Renewal

  • Subscriptions automatically renew for successive periods unless cancelled
  • You may cancel your subscription at any time through your account settings or by contacting us
  • Cancellation takes effect at the end of your current billing period

4.4 Refunds

For Australian consumers, refunds are available in accordance with Australian Consumer Law. For business customers:

  • Refunds are generally not provided for unused portions of subscription periods
  • We may provide pro-rata refunds in certain circumstances at our discretion
  • Refund requests must be submitted within 30 days of the billing event

5. Warranties and Disclaimers

5.1 Australian Consumer Law

If you are a consumer under Australian Consumer Law, you are entitled to certain guarantees that cannot be excluded by these Terms, including guarantees that services will be provided with due care and skill and will be fit for purpose.

5.2 General Disclaimers

To the maximum extent permitted by law, and subject to your rights under Australian Consumer Law:

  • The Services are provided "as is" and "as available" without warranty of any kind
  • We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement
  • We do not warrant that the Services will be uninterrupted, secure, error-free, or meet your requirements
  • We do not warrant the accuracy, completeness, or reliability of any data or information provided through the Services

6. Limitation of Liability

6.1 Australian Consumer Law

If you are a consumer under Australian Consumer Law, we cannot exclude or limit our liability for death, personal injury, or any other loss that cannot be excluded under Australian Consumer Law.

6.2 General Limitations

To the maximum extent permitted by law, and subject to your rights under Australian Consumer Law:

  • Our total liability to you for any claim arising out of or relating to the Services is limited to the amount you paid for the Services in the 12 months preceding the claim
  • We are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages
  • We are not liable for any loss of profits, revenue, data, or business opportunities
  • These limitations apply even if we have been advised of the possibility of such damages

6.3 Business Use

If you use our Services for business purposes, you acknowledge that:

  • Any loss or damage you suffer may be due to factors beyond our reasonable control
  • You should maintain appropriate insurance coverage for your business activities
  • You should implement adequate backup and security measures for your data

7. Termination

7.1 Termination by You

  • You may terminate your account at any time by contacting us or through your account settings
  • Termination takes effect at the end of your current billing period
  • You remain responsible for all charges incurred before termination

7.2 Termination by Us

We may terminate or suspend your access to the Services:

  • Immediately if you materially breach these Terms
  • Immediately if we reasonably believe you have engaged in fraudulent or illegal activity
  • With 30 days' notice for convenience (subject to any minimum notice requirements under Australian Consumer Law)
  • Immediately if required by law or to protect our business interests

7.3 Effects of Termination

Upon termination:

  • Your right to access and use the Services ceases immediately
  • We may delete your account and data in accordance with our Privacy Policy
  • You remain liable for all charges incurred before termination
  • Provisions that by their nature should survive termination will continue to apply

8. Governing Law and Dispute Resolution

8.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia, and the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes.

8.2 Dispute Resolution Process

Before commencing legal proceedings, we encourage you to:

  1. Contact Us First: Send a detailed description of your dispute to help@vigil.sh
  2. Negotiation: We will attempt to resolve the dispute through good faith negotiations
  3. Mediation: If negotiation fails, we may agree to mediate the dispute through a recognized mediation service

8.3 Consumer Rights

If you are a consumer under Australian Consumer Law, you may be entitled to additional dispute resolution options through consumer protection agencies.

9. Force Majeure

We are not liable for any delay or failure in performance due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or internet service provider failures.

10. Entire Agreement

These Terms, together with our Privacy Policy and End User License Agreement, constitute the entire agreement between you and Vigil regarding the use of the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

11. Amendment of Terms

11.1 Right to Amend

We may amend these Terms from time to time to reflect:

  • Changes in applicable law
  • Changes to our Services
  • Improvements to user protection
  • Other legitimate business reasons

11.2 Notice of Changes

  • Minor Changes: Posted on our website with immediate effect
  • Material Changes: We will provide at least 30 days' notice via email or prominent website notice
  • Consumer Rights: Changes cannot reduce your rights under Australian Consumer Law

11.3 Acceptance of Changes

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you may terminate your account.

12. General Provisions

12.1 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

12.2 Waiver

No waiver of any breach of any provision of these Terms shall be deemed a waiver of any prior or subsequent breach. Our failure to enforce any provision does not constitute a waiver of that provision.

12.3 Assignment

You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms and our rights and obligations to any third party.

12.4 Relationship

These Terms do not create any partnership, joint venture, or agency relationship between you and Vigil.

13. Notices

13.1 Notice to You

We may provide notices to you:

  • By email to the address associated with your account
  • By posting on our website
  • By mail to the address you provide

13.2 Notice to Us

All legal notices to us must be sent in writing to:

Vigil Solutions Hub PO Box 255, Coogee NSW 2034, Australia

14. Contact Information

If you have any questions about these Terms of Use, please contact us:


Last Updated: 26 May 2025 Version: 2.0

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