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Website Terms of Use

These Terms of Use apply to and govern your access to and use of this website
www.pirk.au
(Site) operated by PIRK SERVICES PTY LTD (ACN 658 679 184) t/as Pirk Services of 207/28 Riddell Parade,
Elsternwick, Victoria 3185 Australia (Pirk). Please read and review the Terms of Use carefully before accessing or using the Site.

By accessing or using the Site, you acknowledge that you have read, understood and agree to the Terms of Use.
If you do not agree to the Terms of Use, you must not access or use the Site.

The information provided on the Site is for general information and educational purposes only. The Site may contain information relating
to various cosmetic and/or plastic surgical treatments and clinics from time to time.
PRODUCT-RELATED INFORMATION ON THIS SITE IS NOT MEDICAL ADVICE, AND SHOULD NOT BE RELIED UPON UNDER ANY CIRCUMSTANCES, BY ANY INDIVIDUAL OR FOR ANY SPECIFIC PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIRK DISCLAIMS ANY AND ALL LIABILITY, RISK OR DAMAGE FOR, OR IN RESPECT OF, ANY RELIANCE PLACED BY ANY PERSON ON THE INFORMATION CONTAINED IN OR PUBLISHED ON THIS SITE, AND ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) MADE TO THIS EFFECT ARE WHOLLY EXCLUDED.

Any medical or clinical questions or enquiries in respect of products or services published on this Site should be referred to your
preferred healthcare professional. IF IN DOUBT, PLEASE SEEK MEDICAL ADVICE.

1. Purpose

1.1 Pirk provides practice management, administration and related (non-clinical) services for medical clinics and surgical practices operating in the plastic surgery and cosmetic care industry in Australia (Services).

1.2 This Site is used by Pirk to facilitate the distribution of information about its Services and, where you wish to purchase any of Pirk’s Services, information about how you can do so.

2. Account

2.1 You may be issued an Account when you register to use the Services.

2.2 Pirk may treat any access to or use of the Site via your Account, or otherwise, as access or use by you, notwithstanding that it may have been accessed or used by another without your knowledge or authority. You are responsible for all access to and use of the Site via your Account or otherwise, except where unauthorised activity occurs due to Pirk’s failure to take reasonable steps to prevent it.

2.3 You must:

  1. not permit another to use your username and password to access the Site via your Account or otherwise, and keep your username and password confidential and secure; and
  2. promptly notify Pirk as soon as practical if there is any unauthorised use of the Site via your Account or otherwise, or any breach of security.

3. Website

3.1 Access and monitoring

3.1.1 Pirk provides access to the Site on a limited, nonexclusive, non-transferable basis and free of charge, in accordance with the Terms of Use.

3.1.2 Pirk will use commercially reasonable efforts to ensure the Site is available twenty-four (24) hours a day, seven (7) days per week. However, the Site may become unavailable from time to time for scheduled Updates or due to events beyond Pirk’s reasonable control.

3.1.3 While Pirk may monitor or review the discussions, chats, postings, transmissions, bulletin boards and similar on the Site, Pirk assumes no responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site.

3.2 Accessibility

3.2.1 Pirk does not warrant that all Devices can access and use the Site.

3.2.2 You may incur charges from your mobile service provider and/or internet provider for using the Site. These charges are your responsibility, and you should raise any matters regarding these charges directly with the relevant service provider.

3.3 Updates

3.3.1 From time to time, Pirk may provide Updates to the Site. Pirk is not required to give you any notice before implementing an Update.

3.3.2 If you provide Pirk with any feedback, suggestion or comment regarding the Site, you grant to Pirk a worldwide, irrevocable, perpetual, sub-licensable, transferable, royalty-free licence to use and exploit any such feedback, suggestion or comment for any purpose without any obligation or compensation to you.

3.4 Accuracy of information

3.4.1 Pirk will use reasonable efforts to ensure Content on the Site is correct and up-to-date, however Pirk does not guarantee it is error-free. Pirk reserves the right to change or make corrections to any of the Content on the Site at any time without prior notice. Pirk neither endorses nor makes any representation as to the accuracy, availability or completeness of any Content made available on, or in connection with, the Site.

3.5 Third Party Websites

3.5.1 Pirk may include links to Third Party Websites on the Site. These links are provided for convenience only, and Third Party Websites do not form part of the Site and are not controlled by Pirk. Inclusion on the Site of any link to a Third Party Website, or any reference to any product or service by trade mark, manufacturer or otherwise, does not constitute or imply an endorsement or recommendation of such by Pirk. Your access of any Third Party Website linked to this Site is at your own risk and, to the extent permitted by law, Pirk disclaims all liability with respect to your access to such Third Party Websites.

3.6 Location

3.6.1 The products and services presented on this Site may not be available to all persons, or in all geographic locations or jurisdictions, even though this Site is accessible worldwide. Pirk reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction, and to limit the quantity of any products or services it provides. Any offer for products or services made in the Content is void where prohibited by law.

3.7 Acceptable use

3.7.1 You must not:

  1. use the Site except in accordance with the Terms of Use;
  2. use the Site, Content or any Post by another User, or associated services for any purpose not permitted by relevant laws, regulations or generally accepted practices and guidelines relevant to the Site, Content, Post or associated services.
  3. expressly or impliedly impersonate any other User, whether by use of their Account or password or otherwise, at any time;
  4. harass, stalk, threaten or disrupt other Users;
  5. use the Site for any illegal or unauthorised use including, unauthorised framing of or linking to the Site;
  6. engage in automated use of the Site, including systematic or automated data collection, access or usage;
  7. cause damage to or interfere with accessibility to the Site;
  8. reverse-engineer, decompile, translate or disassemble the Site or any Content (except as permitted by statute);
  9. bypass, or attempt to bypass, any security feature of the Site, or introduce any Harmful Code to the Site;
  10. copy, reproduce, distribute, publish or otherwise use the Site or any Content in any manner or for any purpose not expressly authorised by the Terms of Use;
  11. assign, transfer, sell, lease, license or sub-license the Site (or your access to it) to any Third Party;
  12. use the Site, the Content, any Post or any associated services in connection with any commercial endeavours except those that are specifically endorsed or approved by Pirk;
  13. provide any Third Party with access to the Site other than as expressly permitted under the Terms of Use;
  14. challenge or repudiate or take any action to impair, prejudice or diminish the Intellectual Property Rights in the Site, any Content or any Post by another User;
  15. remove or interfere with any copyright or trade mark notices contained within the Site or any Content;
  16. do anything that may damage the reputation of Pirk or the Site;
  17. engage any person to replicate the functionality or features contained in the Site; or
  18. modify any documentation, instructions or manuals provided or made available in relation to the Site or any Content.

4. Posts

4.1 The Site does not allow you to make public posts to it, such as on a forum or a discussion board or otherwise (Posts).

4.2 To the extent that you have an Account or are otherwise able to Post to the Site, and where Pirk authorises you to make Posts, the Site may allow you to make Posts. In the event Posts are authorised by Pirk:

  1. Posts may be visible to other Users;
  2. Posts will not be pre-screened, reviewed or moderated by Pirk;
  3. Pirk will not be responsible for the content of links to Third Party Websites contained in Posts, and may remove any such links or Posts without notice and at its discretion; and
  4. Pirk makes no claims as to and is not responsible for the accuracy, integrity, timeliness or quality of any Post.

4.3 In the event Posts are authorised by Pirk, you will be required to agree to additional User obligations applicable to making Posts on the Site.

4.4 Pirk will identify specific User obligations in relation making Posts on the Site, which you as a User must comply with to make any Post to the Site.

5. Intellectual Property Rights

5.1 Images

5.1.1 The images on the Site are either owned or licensed by Pirk. Your use of such images is prohibited.

5.2 Trade Marks

5.2.1 The trade marks, brand names, logos and related information (collectively, the Pirk Branding) used on the Site belong to Pirk. Similarly, all headers, graphics, button icons and scripts on the Site are service marks, trade marks or trade dress of Pirk, and you must not copy such items (whether in whole or part) without Pirk’s prior written consent.

5.2.2 You acknowledge and agree the Pirk Branding used on the Site are and will remain the sole property of Pirk or its licensors. No implied licences or other rights are provided by Pirk, except as expressly set out in these Terms of Use. Your use of the Pirk Branding is prohibited, except as provided in these Terms of Use.

5.3 Copyright

5.3.1 Pirk grants you the right to access and view the Content on the Site for your own personal, non-commercial use. Pirk reserves the right to revoke such right at any time at its discretion.

5.3.2 The Content and any reproductions of such Content are the Intellectual Property Rights of Pirk or its licensors. You must not, except where permitted by clause 5.3.1, reproduce, modify, distribute, transmit, republish, display, post, perform adapt or change the Content for any purpose.

5.3.3 All copyright and other proprietary notices contained in Content or Posts downloaded by you must be retained. The Content is copyrighted work of Pirk or its licensors, unless specified otherwise, and may not be used without Pirk’s prior written consent.

6. User Data

6.1 You grant Pirk a non-exclusive, worldwide, non-transferable, sub-licensable, perpetual, irrevocable and royalty-free licence to use the User Data:

  1. for the purposes of providing the Site in accordance with the Terms of Use; and
  2. in a de-identified and aggregated form for research purposes and for the purposes of creating analytics and databases to improve or otherwise develop the Site.

6.2 As between the parties, Pirk owns all right, title and interest in such research, analytics and databases.

7. Privacy

7.1 Compliance with laws

7.1.1 Each of us must comply with the Privacy Act, including the Australian Privacy Principles, as applicable to us.

7.1.2 Any Personal Information collected by Pirk is provided when accessing this Site, establishing an Account, communicating with Pirk or otherwise will be collected, stored and used in accordance with Pirk’s Privacy Policy, located www.pirk.au/privacy-policy. You should read and familiarise yourself with the contents of this Privacy Policy to understand how we collect, use and handle your Personal Information, how you may seek to access and/or correct the Personal Information that Pirk holds about you, how you may complain about a privacy breach and how Pirk will deal with such a complaint.

8. Confidentiality

8.1 The source code and object code in the Site, and the Content, is Pirk’s confidential information.

9. Warranty

9.1 Except for any express warranties in the Terms of Use, to the extent permitted by law, Pirk excludes all conditions, guarantees and warranties, whether express or implied, statutory or otherwise.

9.2 Pirk does not warrant and has no liability to any party (including to you) in relation to the accuracy, completeness or reliability of content on the Site (including Posts) supplied by third parties or other Users.

9.3 Pirk warrants to you that your access to and use of the Site in accordance with the Terms of Use will not, to Pirk’s actual knowledge at the date of the Terms of Use, infringe the Intellectual Property Rights of any Third Party in Australia.

9.4 Pirk will not be liable in relation to any breach of the warranty given in clause 9.3 where the infringement is caused or contributed to by:

  1. your use of the Site in a manner which is inconsistent with the rights granted under the Terms of Use, or with any documentation or written operating instructions or guidelines provided by Pirk;
  2. your use of the Site other than in the normal and customary manner for the purposes for which it is designed;
  3. the combination of the Site with any materials that are not supplied by Pirk; or
  4. data provided to Pirk or entered on the Site by you, including the User Data.

10. Liability

10.1 The Australian Consumer Law set out in the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), and other similar consumer protection laws and regulations, may imply certain rights, consumer guarantees, warranties or remedies relating to the Site which cannot be excluded, restricted, qualified or modified by Pirk (Non-Excludable Rights). Nothing in the Terms of Use excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL. Subject to the Non-Excludable Rights and except for any warranties expressly set out in these Terms of Use, any condition, warranty, guarantee, right or liability which would otherwise be implied in these Terms of Use or imposed by law is expressly excluded.

10.2 Without limiting clause 10.1, your use of the Site is at your own risk. Neither Pirk nor any Third Party involved in creating, producing or delivering the Site will be liable for any damages (including direct, incidental, consequential, indirect or punitive loss or damages, or damages resulting from lost profits, lost data or business interruption) arising out of, or in connection with, your access to, use of or inability to access or use, the Site, or any errors or omissions in the Content on the Site. This includes damages to or viruses that may infect your Device.

10.3 Without limiting clause 10.1, Pirk neither guarantees nor warrants that files available for download from this Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

11. Indemnity

11.1 To the maximum extent permitted by law, you agree to indemnify and hold harmless Pirk and its officers, directors, employees, agents, suppliers and Third Party contractors from and against all losses, expenses, damages and costs (including reasonable attorneys’ fees and expenses) resulting from any violation by you of these Terms of Use, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site via your Account or otherwise.

12. Term and Termination

12.1 Term

12.1.1 The application of these Terms of Use commences when you first register for an Account or use the Site (whichever comes first).

12.2 Suspension

12.2.1 Without limiting Pirk’s rights and remedies available at law or otherwise (including Pirk’s right to terminate), Pirk may suspend your access to or use of the Site via your Account or otherwise if your use of the Site threatens (in Pirk’s reasonable opinion) the security, integrity or availability of the Site, is negligent or wrongful or is otherwise in breach of the Terms of Use, or if any activity on the Site related to your Account or otherwise. In most cases, Pirk will notify you in writing of any such suspension and conditions that apply to reinstatement of your use of the Site (via your Account or otherwise), as applicable.

12.3 Termination

12.3.1 Pirk may terminate your access to the Site, via your Account or otherwise, and the Terms of Use immediately on written notice:

  1. if you are in breach of the Terms of Use and, where the breach is capable of remedy, you have not remedied such breach within thirty (30) days of receiving written notice to do so; or
  2. subject to any right you may have to stay such termination under insolvency laws, you become insolvent within the meaning of the Corporations Act 2001 (Cth) or bankrupt.

12.3.2 Pirk does not guarantee that the Site will be available indefinitely. If Pirk decides to cease providing the Site, it may terminate the Terms of Use by written notice to you. Where you have an Account and if reasonably practical, Pirk will provide you with at least 30 days’ notice before ceasing to provide the Site.

12.4 Consequences of termination

12.4.1 On termination of the Terms of Use for any reason:

  1. the termination is without prejudice to any rights or liabilities of the parties accruing as at the date of termination; and
  2. you must immediately cease using the Site.

13. General

13.1 In the Terms of Use the words “including”, “include” and similar words are not words of limitation.

13.2 Pirk may assign or novate the Terms of Use, or any right or obligation under it, without your prior written consent as part of a good faith corporate restructure or disposition of assets, provided that the entity to which the rights or obligations will be assigned or novated is likely to be able to perform such rights and obligations. If you have an Account, you must not assign or novate the Terms of Use, or any right or obligation under it, without Pirk’s prior written consent.

13.3 Any provision of the Terms of Use that is expressed to survive, or by its nature survives, the termination of the Terms of Use (including clauses 6 (but not 6.1(a)), 7, 8, 9, 10 and 12) will survive termination of the Terms of Use and continue in effect. If applicable, any provision of the Terms and Conditions set out below that is expressed to survive, or by its nature survives, the termination of the Terms and Conditions (including clauses 14, 18, 19, 20, 21 and 22) will survive termination of the Terms and Conditions and continue in effect.

13.4 If any clause or part of any clause of the Terms of Use is unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from the Terms of Use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses), which will continue in full effect.

13.5 The Terms of Use (and all non-contractual disputes) between us are governed and construed in accordance with the laws of New South Wales, Australia, and we each submit to the non-exclusive jurisdiction of the courts and tribunals having jurisdiction in New South Wales.

13.6 This Terms of Use and, to the extent you purchase Services from Pirk, the Terms and Conditions, constitute the entire agreement between Pirk and you in relation to the Site and, if applicable, any Services.

13.7 Pirk may vary the terms of the Terms of Use from time to time, provided any variation is not unduly detrimental to you. The latest version of the Terms of Use will be available through a link within the Site. By using or continuing to use the Site after such variations, you will be deemed to accept the Terms of Use as varied.

13.8 Nothing in the Terms of Use is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and Pirk.

13.9 Any comments, disputes or complaints relating to this Site should be directed to: hello@pirk.au

13.10 For general inquiries, you can contact Pirk at: hello@pirk.au

Terms and Conditions of Service

14. NATURE AND SCOPE OF SERVICES

14.1 “Services” means the paid, non-clinical advisory, matching, coordination and support services made available by Pirk from time to time. Services may include discovery assessment, practitioner matching, administrative coordination and optional concierge-style support, as selected and purchased by you through the Platform.

14.2 Service Components

Depending on the service program you select, the Services may include one or more of the following non-clinical components:

  1. Discovery and Assessment
    • discovery calls, discovery sessions or questionnaires to understand your stated preferences and goals
    • review of non-clinical information you voluntarily provide
    • General, non-clinical information regarding pathways and processes
  2. Matching Services
    • identification of one or more practitioners based on your criteria
    • Provision of practitioner information and non-clinical insights to support decision-making
    • Introductory or explanatory support relating to matching outcomes
  3. Advisory and Support Services
    • Non-clinical guidance during your exploration and decision-making process
    • Responses to administrative, logistical or process-related questions
    • General information regarding consultation processes, indicative timelines and next steps
    • Ongoing non-clinical support within the scope of the Services purchased
  4. Consultation Coordination and Administrative Support
    • Assistance with coordinating consultations where requested
    • Facilitation of introductions between you and practitioners
    • Administrative coordination of appointments or communications, where applicable
  5. Support Program ServicesWhere you purchase a full or extended support program, Services may also include:
    • access to a dedicated Pirk consultant
    • additional matching reviews or updates
    • extended administrative or coordination support
    • Ongoing non-clinical support throughout your decision-making process
  6. Premium or Concierge ServicesWhere you purchase a Premium, White-Glove or Concierge program, Services may additionally include:
    • enhanced administrative and coordination support
    • Non-booking advisory support in relation to travel or accommodation (unless otherwise agreed in writing)
    • assistance sourcing garments, products or related non-clinical items
    • extended concierge-style support within the agreed scope
    • Post-procedure administrative support

14.3 Limitations of Services

You acknowledge and agree that Pirk:

  1. does not assess clinical skill, medical competency, or treatment outcomes
  2. does not provide medical advice, diagnosis or treatment
  3. does not guarantee practitioner availability, consultation outcomes, pricing, approvals, timelines or results
  4. does not employ, supervise or control any practitioner

14.4 Practitioner Relationship

Any medical or clinical services are provided solely by the practitioner. Any agreement for medical services is strictly between you and the practitioner, and Pirk is not a party to such agreement.

15. HOW MATCHING WORKS

15.1 Pirk uses a proprietary database to support practitioner matching. Information may be updated periodically and may be derived from practitioner outreach, publicly available sources and other non-clinical inputs.

15.2 Matching outcomes may be based on:

  1. information voluntarily provided by practitioners
  2. publicly available information
  3. your stated criteria and preferences

15.3 Not all practitioners provide the same level of information. Variations in visibility, scoring or information completeness do not indicate that a practitioner is unsuitable or clinically inferior, and may reflect information availability at the relevant time.

15.4 All matching outputs are provided for informational and advisory purposes only. They do not constitute rankings, endorsements, recommendations or guarantees of outcomes.

16. PRACTITIONER MATERIALS AND OPTIONAL CONTRIBUTIONS

16.1 From time to time, certain practitioners may voluntarily provide additional non-clinical materials or access, which may include non-public images, educational content, or general consultation availability information (“Practitioner Materials”).

16.2 Provision of Practitioner Materials is entirely voluntary and may vary between practitioners. Pirk does not control, verify or guarantee the availability, accuracy, completeness or currency of any Practitioner Materials, and not all practitioners provide the same materials or access.

17. SERVICE PROGRAMS AND SCOPE

17.1 Service Programs
Pirk may offer multiple service programs from time to time, which may include matching-only services, full support programs, and premium or concierge-style services (each a “Service Program”). The scope, inclusions and applicable fees for each Service Program will be disclosed to you at the time of purchase or enrolment.

17.2 Scope Limitations
Services are limited to the scope of the Service Program you purchase. Any requests or services outside that scope may, at Pirk’s discretion, require additional fees or be subject to a separate agreement.

18. Application

18.1 This clause 18 applies for all Services procured by you.

18.2 Fees and invoicing

18.2.1 All fees for the Services offered by Pirk are subject to a discovery call needs analysis

18.2.2 Pirk may cancel any Service or part thereof, including any consultation, where Fees remain outstanding or reserves the right to charge a cancellation fee in the event that you cancel any consultation booked with a Practitioner within forty-eight (48) hours of such consultation.

18.2.3 Pirk will invoice you in respect of the fees for the specific Services (or part) purchased by you as set out in your stripe invoice. In some cases, a deposit will be required to secure your consultation or booking with a Practitioner (Deposit). The Deposit forms part of the Fees for the Services.

18.2.4 Unless specified otherwise by Pirk, all Fees are due and payable, and must be made by direct deposit into the account specified on Pirk’s invoice, or via Pirks payment portal which is provide by Stripe within the timeline stated on the Pirk invoice, and if not so stated, within fourteen (14) days of receipt for all valid invoices.

18.2.5 for payments to be made by Afterpay / Stripe etc. – Stripe generally dictates what you need to include in T&Cs and will be governed by your terms in place with them.

18.3 Cancellation policy

18.3.1 You will NOT be entitled to a refund of Fees paid, including any Deposit:

  1. in the event of your cancellation, unless you have notified Pirk of such cancellation at least forty-eight (48) hours prior to the date of the initial consultation;
  2. if you have a change of mind; or
  3. [To be discussed – what happens if a surgeon / specialist cancels or reschedules the initial consultation, or doesn’t show up for any reason? ]

18.4 Buy Now Pay Later facilities

18.4.1 If the purchase was made through a buy now pay later facility, the refunded money will be returned to the account held, and the balance will then be adjusted accordingly. To find out more about:

18.5 Overdue amounts

18.5.1 If any amount payable to Pirk under this clause 18 has not been paid by you by the due date for payment, Pirk may suspend the provision of the Services to you.

18.6 GST

18.6.1 If GST is payable by a supplier on any supply made under or in relation to this Agreement, the recipient must pay to the supplier an amount (GST Amount) equal to the GST payable on the supply. The GST Amount is payable by the recipient in addition to and at the same time as the net consideration for the supply.

18.6.2 If a party is required to make any payment or reimbursement, that payment or reimbursement must be reduced by the amount of any input tax credits or reduced input tax credits to which the other party is entitled for any acquisition relating to that payment or reimbursement.

18.6.3 This clause is subject to any other specific agreement regarding the payment of GST on supplies.

19. REFUNDS AND CANCELLATIONS

19.1 What your payment covers
You are paying for advisory, matching and support services, including time spent assessing your needs, eligibility review and identifying suitable providers.

19.2 When refunds may apply
A full or partial refund may be considered at Pirk’s discretion where:

  1. your request falls outside the scope Pirk can reasonably support; or
  2. Pirk is unable to identify any suitable provider based on your criteria, eligibility or location.

19.3 When refunds do not apply
Refunds will not be provided where:

  1. you change your mind after services have commenced
  2. you choose not to proceed with a matched practitioner
  3. you are dissatisfied with practitioner pricing, availability or timelines
  4. you decide not to proceed following introductions or non-clinical support
  5. delays occur outside Pirk’s reasonable control

19.4 Partially delivered services
Where services have been partially delivered, any refund may be reduced to reflect work completed.

19.5 All refunds are managed in accordance with the Pirk Refund Policy at [Refund Policy URL] and Australian Consumer Law.

20. Liability

20.1 Limitations on liability

20.1.1 The ACL, and other similar consumer protection laws and regulations, may imply certain rights, consumer guarantees, warranties or remedies relating to the Services which cannot be excluded, restricted, qualified or modified by Pirk (Non-Excludable Rights). Nothing in the Terms and Conditions excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL. Subject to the Non-Excludable Rights and except for any warranties expressly set out in the Terms and Conditions, any condition, warranty, guarantee, right or liability which would otherwise be implied in these Terms and Conditions or imposed by law is expressly excluded.

20.1.2 Subject to clause 20.1.1, the total liability of Pirk to you for loss or damage of any kind, however caused, due to Pirk’s negligence, breach of contract, breach of law, in equity, under indemnities or otherwise, arising from or in any way related to this these Terms and Conditions is limited to the total cost of the Services purchased by you.

20.2 Consequential loss

20.2.1 Pirk will not be liable to you under or in connection with these Terms and Conditions, whether arising in tort (including negligence), under statute, contract or otherwise for any:

  1. indirect loss (not being a loss which arises naturally as a result of a breach of the Terms and Conditions, or other event giving rise to the relevant claim), including loss of profits and third party claims;
  2. loss of reputation, loss of goodwill, lost profits, lost revenue, loss of or damage to data, loss of use (including loss of use by third parties), any failure to realise anticipated savings or loss of opportunities, wasted staff costs, or costs of procurement or substitution of goods and/or services; and/or
  3. to the extent not captured by (a) and/or (b) above, any loss which is consequential, special, punitive, exemplary or incidental.

21. Miscellaneous

21.1 Acknowledgement
Pirk is an administrative services provider only, and any issues or concerns related to cosmetic or medical aspects of the Services must always be directed to a healthcare professional; and Pirk hereby disclaims any and all responsibility and liability in respect of any medical or clinical-related services provided by any Clinic or Surgeons to whom the Services may be provided.

21.2 Incorporation of terms
The Terms of Use apply to the Terms and Conditions as if set out in full, where all references to “Terms of Use” are replaced with “Terms and Conditions”.

21.3 For the avoidance of doubt, and notwithstanding any other provision of these Terms and Conditions, clause 20 (Liability) operates in addition to and does not supersede clause 10 (Liability) of the Terms of Use.

22. Definitions

Account means a user account to access and use the Site.

Business Day means a day on which the banks are open for general banking business in Sydney, New South Wales, excluding Saturdays and Sundays.

Content means any material in electronic format (which may include software) provided by Pirk through the Site.

Device means a mobile device, tablet or computer.

Harmful Code means “back door”, “time bomb”, “logic bomb”, “Trojan Horse”, “worm”, “drop dead device”, “virus” or any other malware, spyware or computer software routine having the effect of permitting unauthorised access to or use of any system, network or software, or disabling, damaging, corrupting, interrupting or erasing, or disrupting or impairing the normal operation of, any part of any system, network or software.

Intellectual Property Rights means any pending or granted patent, trade mark, copyright, design, know-how or any other intellectual or industrial property rights anywhere in the world whether or not registered, other than moral rights of individual creators of copyright works.

Personal Information has the meaning given to that term in the Privacy Act.

Post has the meaning set out in clause 4.

Practitioner has the meaning set out in clause 14.4.

Practitioner Materials means any non-clinical information or materials voluntarily provided by a practitioner in connection with the Services, which are provided for informational purposes only.

Privacy Act means the Privacy Act 1988 (Cth) (as amended or replaced from time to time).

Services has the meaning given in clause 1.1.

Service Program means a service package offered by Pirk from time to time, with a defined scope and fee disclosed at the time of purchase.

Site means the Pirk website, including any Updates made from time to time.

Terms of Use means these terms and conditions of access to and use of the Site.

Third Party means an entity that not a party or an affiliate of either party.

Third Party Websites means any websites operated by third parties.

Update means any update or modifications to the Site, which may include changes for maintenance of, addition or removal of features or functionality, or redesign of the Site.

User Data means any information that the User provides through the Site, which may include Personal Information and Posts.