These Terms of Use apply to and govern your access to and use of this website (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.


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

(a) 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).

(b) 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

(a) You may be issued an Account when you register to use the Services.

(b) 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.

(c) You must:
(i) 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
(ii) 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

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

(b) 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.

(c) 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

(a) Pirk does not warrant that all Devices can access and use the Site.

(b) 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

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

(b) 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

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

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

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.

4. Acceptable use

You must not:
(a) use the Site except in accordance with the Terms of Use;

(b) 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.

(c) expressly or impliedly impersonate any other User, whether by use of their the Account or password or otherwise, at any time;

(d) harass, stalk, threaten or disrupt other Users;

(e) use the Site for any illegal or unauthorised use including, unauthorised framing of or linking to the Site;

(f) engage in automated use of the Site, including systematic or automated data collection, access or usage;

(g) cause damage to or interfere with accessibility to the Site;

(h) reverse-engineer, decompile, translate or disassemble the Site or any Content (except as permitted by statute);

(i) bypass, or attempt to bypass, any security feature of the Site, or introduce any Harmful Code to the Site;

(j) 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;

(k) assign, transfer, sell, lease, license or sub-license the Site (or your access to it) to any Third Party;

(l) 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;

(m) provide any Third Party with access to the Site other than as expressly permitted under the Terms of Use;

(n) 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;

(o) remove or interfere with any copyright or trade mark notices contained within the Site or any Content;

(p) do anything that may damage the reputation of Pirk or the Site;

(q) engage any person to replicate the functionality or features contained in the Site; or

(r) modify any documentation, instructions or manuals provided or made available in relation to the Site or any Content.

5. Posts

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

(b) 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:

(i) Posts may be visible to other Users;

(ii) Posts will not be pre-screened, reviewed or moderated by Pirk;

(iii) Pirk makes no claims

(iv) 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

(v) Pirk makes no claims as to and is not responsible for the accuracy, integrity, timeliness or quality of any Post.

(c) 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.

(d) 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.

6. Intellectual Property Rights

6.1 Images

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

6.2 Trade Marks

(a) 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.

(b) 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.

6.3 Copyright

(a) 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.

(b) 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 paragraph (c), reproduce, modify, distribute, transmit, republish, display, post, perform adapt or change the Content for any purpose.

(c) 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.

6.4 User Data

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

(i) for the purposes of providing the Site in accordance with the Terms of Use; and

(ii) 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.

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

7. Privacy

7.1 Compliance with laws

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

(b) 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 Privacy Policy – PirkYou 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

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

9. Warranty

(a) 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.

(b) 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.

(c) 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.

(d) Pirk will not be liable in relation to any breach of the warranty given in paragraph (c) where the infringement is caused or contributed to by:

(i) 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;

(ii) your use of the Site other than in the normal and customary manner for the purposes for which it is designed;

(iii) the combination of the Site with any materials that are not supplied by Pirk; or

(iv) data provided to Pirk or entered on the Site by you, including the User Data.

10. Liability

10.1 Liability

(a) 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.

(b) Without limiting clause 10.1(a), 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.

(c) Without limiting clause 10.1(a), 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.

10.2 Indemnity

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.

11. Term and Termination

11.1 Term

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

11.2 Suspension

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.

11.3 Termination

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

(i) 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

(ii) 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.

(b) 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.

11.4 Consequences of termination

On termination of the Terms of Use for any reason: (a) the termination is without prejudice to any rights or liabilities of the parties accruing as at the
date of termination; and (b) you must immediately cease using the Site.

12. General

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

(b) 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.

(c) 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 6.2(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 13, 14 and 15) will survive termination of the Terms and Conditions and continue in effect.

(d) 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.

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

(f) 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.

(g) 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.

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

(i) Any comments, disputes or complaints relating to this Site should be directed to:

(i) [insert contact details].

(j) For general inquiries, you can contact Pirk at:

(i) [insert contact details].

Terms and Conditions of Service

13. Supply of Services

13.1 Application

The following additional clauses 13 to 15 (Terms and Conditions) apply to the extent that you procure or purchase Services from Pirk. In the event of any conflict with these Terms and Conditions, and the above Terms of Use, to the extent applicable to the Services purchased, the Terms and Conditions will prevail.

13.2 Orders

(a) You may request Services from Pirk by filling out and submitting the application form [insert link to client application form] and identifying the scope of the Services that you would like to procure from Pirk (Application).

(b) Pirk will contact you within two (2) Business Days of receiving the Application using the contact details you provide to discuss your request.

(c) Subject to availability of a relevant cosmetic or medical practitioner (Practitioner), and the scope of the Services provided, Pirk may:

(i) provide you with the contact details of a Practitioner;

(ii) provide your contact details to a Practitioner;

(iii) organise an initial consultation with a Practitioner for you; and/or

(iv) manage all bookings, consultations and related administrative services, including billing, on behalf of a Practitioner with you.

13.3 Termination

Without limiting the termination provisions set out in the Terms of Use at clause 11, Pirk may terminate these Terms and Conditions, and your use of our Services, immediately on written notice if you are in breach of the Terms and Conditions 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.

14. Fees / Charges

14.1 Application

This clause 14 applies for all Services procured by you in accordance with clause 13.2(c)(iii).

14.2 Fees and invoicing

(a) Pirk does not charge any fees to you for our Services. However, in some cases, a deposit will be required to be paid to the Practitioner to secure your consultation or booking with them (Fee). Depending on the package you procure from the Practitioner, Pirk may facilitate the receipt of Fees on behalf of the Practitioner in accordance with paragraph (d).

(b) Pirk may cancel any Service or part (including any consultation) where Fees remain outstanding, and you should be aware that the Practitioner reserves the right to charge a cancellation fee, in the event that you cancel or do not turn up at the appointed time for any consultation booked with a Practitioner within forty-eight (48) hours of such consultation.

(c) Unless specified otherwise, all Fees are due and payable, and must be made by direct deposit into the Practitioner’s account specified on their invoice or as otherwise made as directed by the Practitioner, within the timeline stated on the Practitioner’s invoice.

(d) Where Pirk facilitates receipt of the Fees on behalf of a Practitioner, such Fees are facilitated through a third-party Payment Processor (Stripe, Inc. [insert link to Stripe T&Cs]. Pirk may replace its third-party Payment Processor without notice to you. Your payment of Fees to Pirk satisfies your payment obligation for your use of our Services – but a Practitioner may separately require payment of other charges and/or fees as explained to you in respect of any consultation. Our Fees may be billed as a single purchase transaction to your selected payment method based on the payment frequency indicated by you. If your primary payment method expires, is invalid or if Fees to your primary payment method are unable to be processed for whatever reason, then you agree that Pirk may charge you by any other available payment method. If you don’t recognise a transaction, we recommend you check your banking and payment history in the usual way. For clarity, Pirk does not charge you a fee to access or use our Services, but we retain the right to charge you, if applicable, a fee or other charge for any late cancellation of a consultation, or no-show, where the consultation has been booked and confirmed via our Services.

14.3 Cancellation policy

(a) You will NOT be entitled to a refund of Fees paid:

(i) 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; or

(ii) if you have a change of mind.

(b) Without limiting paragraph (a), if it is set out in your Practitioner’s terms and conditions you may be entitled to a refund in the event the Practitioner , or does not attend or perform a consultation for any reason.

14.4 Buy Now Pay Later facilities

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: (a) Afterpay, visit (b) Zipco, visit; or (c) Flypay, visit

14.5 Overdue amounts

If any amount payable to Pirk under this clause 14 has not been paid by you by the due date for payment, Pirk may suspend the provision of the Services to you.

14.6 GST

(a) 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.

(b) 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.

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

15. Liability

15.1 Limitations on liability

(a) 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. (b) Subject to clause 15.1(a), 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.

15.2 Consequential loss

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:

(a) 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;

(b) 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

(c) to the extent not captured by (a) and/or (b) above, any loss which is consequential, special, punitive, exemplary or incidental.

16. Miscellaneous

16.1 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.

16.2 Incorporation of terms

(a) 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”.

(b) For the avoidance of doubt, and notwithstanding any other provision of these Terms and Conditions, clause 15 (Liability) operates in addition to and does not supersede clause 10 (Liability) of the Terms of Use.

17. 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 Melbourne, Victoria, 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.

Payment Processor means an integrated online PCI DSS (Level 1) compliant payment facility to process payment transactions and collect payments of Fees from you.

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

Post has the meaning set out in clause 5.

Practitioner has the meaning set out in clause 13.2(c).

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

Services has the meaning given in clause 1(a).

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.