pirkx Terms & Conditions

Last modified: 2 June 2020

If you are a Corporate:

1 Introduction

1.1 Thank-you for choosing pirkx. pirkx provides a platform for Members to access Benefits provided by third-party Suppliers. This will involve you and your Workers entering into agreements with third-party Supplier via pirkx platform. pirkx’s role is to facilitate your Workers access to these Benefits and the Workers are contracting with these Supplier directly, and not with pirkx itself, when accessing or redeeming these Benefits.

1.2 This Agreement outlines the terms and conditions of your Corporate Subscription to pirkx platform which will allow you to invite your Workers to acquire a pirkx Membership subject to the Membership Terms.

1.3 Please read this Agreement carefully. By acquiring or using the Corporate Subscription, you are agreeing to enter into a legally binding agreement with pirkx on the terms of this Agreement. You may not use the Corporate Subscription or invite your Workers to acquire Memberships if you do not accept the Agreement or are unable to be bound by this Agreement.

1.4 You will be considered to have accepted this Agreement by
(1) clicking the “I accept” or equivalent button or check-box made available to you by pirkx in the user interface; or
(2) using the Corporate Subscription, in which case you understand and agree that pirkx will treat your use of the Corporate Subscription as acceptance of the Agreement from that point onwards.

2 Grant

2.1 pirkx grants the Customer a non-exclusive and non-transferable Corporate Subscription on the terms specified in this Agreement.

3 Term

3.1 This Agreement will begin on the date you accept the terms of this Agreement and will be valid until such time your Corporate Subscription expires or is terminated in accordance with these Agreement.

4 Entitlements of Corporate Subscription

4.1 The Corporate Subscription entitles the Workers to acquire and maintain a Membership from pirkx for the Term subject to:

(1) the Worker validly completing an Application utilising a valid Sign-up Link;
(2) the Worker maintaining their employment or contract for services with the Customer;
(3) the Worker complying with the Membership Terms; and
(4) the Customer complying with the terms of this Agreement, including without limitation the obligation to pay the Membership Fee in accordance with clause 5.

4.2 Workers will be provided with a Sign-up Links upon receipt of payment of the relevant Membership Fee by the Customer.

4.3 The Customer may add and remove Workers from the Corporate Subscription as it sees fit.

4.4 Workers who obtain Memberships may access the Benefits in accordance with the Membership Terms.

5 Membership Fee

5.1 The Customer agrees to pay the Membership Fee to pirkx for each Worker it elects to sign up for a Membership. The Membership Fee must be paid on either a monthly, quarterly or yearly basis as determined by the Customer.

5.2 The Membership Fee may only be varied by mutual agreement in writing between the parties.
5.3 The Membership Fee must be paid without setoff or deduction in accordance with clause 5.1.
5.4 The Membership Fee must be paid in any manner specified by pirkx in writing from time to time which may include without limitation:
(1) direct debit payment; or
(2) debit or credit card payment.
5.5 If the Customer fails to pay any amount to pirkx, the Customer must pay interest on that amount at the Interest Rate, from the time the amount should have been paid until it is paid. Interest accrues daily, may be capitalised by pirkx and is payable on demand.

6 Membership and Benefits

6.1 The Customer agrees that Memberships supplied to Workers by pirkx in accordance with this Agreement are provided subject to the Membership Terms.

6.2 The Customer acknowledges and agrees that:
(1) pirkx may amend, vary or replace the Terms and Condition applicable to the Memberships from time to time in its absolute discretion;
(2) the Customer will comply with the Privacy Policy; and
(3) pirkx may add, remove or vary the Benefits available to Members and Suppliers of the Benefits from time to time in its absolute discretion.

6.3 The Customer acknowledges and agrees that Benefits:
(1) are non-transferable and may not be redeemed in cash;
(2) may only be redeemed by the Member named on a Membership and their Household, but not by any other party; and
(3) may be supplied subject specific restrictions and conditions in accordance with the Terms and Condition.

6.4 All Worker personal information provided to pirkx by the Customer will be strictly dealt with in accordance with the Privacy Policy.

7 Termination and suspension

7.1 The Customer may terminate this Agreement at any time by cancelling the Corporation Subscription on the Website.

7.2 pirkx may terminate this Agreement immediately if:
(1) a Worker:
(a) materially breach the Membership Terms;
(b) utilise the Benefits for commercial purposes;
(c) bring pirkx’s reputation into disrepute or otherwise damages or threatens to damage pirkx’s relationship with its Suppliers; and
(d) act fraudulently or unconscionably in connection with a Membership; and
(2) the Customer:
(a) brings pirkx’s reputation into disrepute or otherwise damages or threatens to damage pirkx’s relationship with its Suppliers;
(b) acts fraudulently or unconscionably in connection with the Corporate Subscription;
(c) fails to carry out any other provision of this Agreement and does not remedy that failure within 14 days after notice requiring it to be remedied;
(d) is taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Act 2001 or suspends payment of its debts;
(e) commits an act of bankruptcy or takes advantage of the provisions of Part X of the Bankruptcy Act 1966; and
(f) passes for the reduction of capital of the party or notice of intention to propose such a resolution is given, without the prior written consent of the other party.

7.3 In the event the Customer cancels the Corporate Subscription, the Workers may continue to access the Benefits in accordance with their Memberships until the conclusion of the current Membership Fee payment cycle. However, pirkx will not offer a refund of Membership Fees paid in advance. Workers must thereafter pay their own Membership Fees to maintain access to their Membership.

7.4 Should a Worker cease to be employed or contracted to the Customer, the Worker will be offered the opportunity to continue with their Membership on a self-paying basis.

7.5 pirkx may terminate or suspend any Memberships held by the Workers in accordance with the Membership Terms.

7.6 Termination under this clause 7 does not prejudice any claim which either party may have against the other at the time of termination.

8 Limitation of liability

8.1 To the extent permitted by law, pirkx give no express or implied warranty about any Benefits provided under the Memberships or Corporate Subscription. In particular, pirkx does not represent that any particular Benefit is suitable for a particular purpose.

8.2 To the extent permitted by law and without limiting any non-excludable consumer rights, pirkx will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Customers or the Workers use of the Memberships, Corporate Subscription or any Benefits.

8.3 The Customer holds pirkx and its affiliated companies harmless against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) in connection with, whether directly or indirectly, the Workers breach of the Membership Terms, use of the Membership, Corporate Subscription or any Benefits or any violation by you of any applicable law.

8.4 pirkx cannot and does not guarantee the supply of a Benefit from a third-party Supplier and the Workers access the Benefits is at their own risk. pirkx gives no warranty that individual Benefits will be accessible or available as advertised. In addition, pirkx does gives no warranty as to the safety of any Benefits supplied by Suppliers and it the Workers responsibility to carefully review all Benefits and redeem Benefits based only on their own assessment,

8.5 Except to the extent provided by law we do not accept any liability for:
(1) the loss, theft or destruction of a Benefit;
(2) loss arising from the death, injury or consequential loss arising from the supply or use of a Benefit; or
(3) any disruption to the Membership of an Worker, delay or inability to provide a Benefit caused by circumstances beyond our control like industrial disputes or acts of God.

8.6 pirkx gives no warranty that Benefit descriptions and information provided by the Supplier are accurate.

8.7 Nothing in this clause 8 limits any of the Customer’s rights under the Australian Consumer Law.

9 Privacy

9.1 The Customer must comply with the Privacy Policy, and with the Privacy Act 1988 and any other statute, regulation or law concerning privacy or the protection of personal information or health information.

9.2 The Customer must ensure that it has a privacy policy that complies with the Privacy Act 1988.

9.3 Without limiting the Customer’s obligations in clause 9.1 the Customer must ensure that in obtaining personal information (as defined in the Privacy Act 1988) from Workers that the Customer will provide to pirkx, the Workers are informed of the:
(1) fact that the Customer will disclose the personal information to pirkx;
(2) identity of pirkx and how to contact it;
(3) fact that:
(a) the individual can access and correct their personal information that is held by pirkx;
(b) the individual can complain about the treatment of their personal information by pirkx; and
(c) more information on exercising these rights (including how pirkx will handle such complaints) is contained in Privacy Policy;
(4) purpose for which the personal information is collected by pirkx, and that the purpose
includes the business activities of pirkx and for marketing purposes by or on behalf of pirkx;
(5) ability of the individual to obtain a copy of the Customer’s privacy policy by contacting the Customer’s privacy officer or by visiting the Customer’s website; and
(6) ability of the individual to obtain a copy of the Privacy Policy by contacting pirkx’s privacy officer or by visiting the Website.

9.4 The Customer consents to pirkx disclosing any personal information pirkx holds about the Workers to any third party in accordance with the Privacy Policy.

10 Assignment

10.1 The Customer may not assign or otherwise deal with this Agreement except with the prior written consent of pirkx. pirkx is not required to give consent or to justify the withholding of consent.

10.2 pirkx may at any time assign any of its rights or obligations under this Agreement.

11 Goods and services tax

11.1 In this clause 10.1:
(1) GST means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (GST Act) or any replacement or other relevant legislation and regulations;
(2) words or expressions used in this clause which have a particular meaning in the GST law (as defined in the GST Act), any applicable legislative determinations and Australian Taxation Office public rulings, have the same meaning, unless the context otherwise requires;
(3) any reference to GST payable by a party includes any corresponding GST payable by the representative member of any GST group of which that party is a member; and
(4) any reference to an input tax credit entitlement by a party includes any corresponding input tax credit entitlement by the representative member of any GST group of which that party is a member.

11.2 Unless GST is expressly included, the consideration to be paid or provided under any other clause of this Agreement for any supply made under or in connection with this Agreement does not include GST.

11.3 The parties acknowledge their understanding that the supply made by pirkx under this Agreement is a taxable supply.

11.4 To the extent that any supply made under or in connection with this Agreement is a taxable supply, the GST exclusive consideration to be paid or provided for that taxable supply is increased by the amount of any GST payable in respect of that taxable supply and that amount must be paid at the same time as the GST exclusive consideration is to be paid or provided.

11.5 A party’s right to payment under clause 11.4 is subject to a valid tax invoice being delivered by the supplier to the recipient of the taxable supply.

11.6 To the extent that a party is required to reimburse or indemnify another party for a loss, cost or expense incurred by that other party, that loss, cost or expense does not include any amount in respect of GST for which that other party is entitled to claim an input tax credit.

11.7 If an adjustment event occurs in respect of a supply made under or in connection with this Agreement:
(1) the supplier must notify the recipient of the refund, credit or further amount payable on account of GST by the supplier issuing to the recipient an adjustment note (or by cancelling the earlier tax invoice and issuing a replacement tax invoice) within 5 business days of becoming aware of the adjustment event; and
(2) the supplier must provide a refund or credit to the recipient, or the recipient must pay a further amount to the supplier, in accordance with the adjustment note or replacement tax invoice issued under sub clause 11.7(1) of this clause 10.1 within 10 business days of receipt of the adjustment note or replacement tax invoice.

12 Severability

12.1 If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force.

13 Variation

13.1 An amendment or variation to this Agreement is not effective unless it is in writing and signed by the parties.

14 Waiver

14.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

14.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

14.3 A waiver is not effective unless it is in writing.

14.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

15 Governing law and jurisdiction

15.1 The law of Victoria governs this Agreement.

15.2 The parties submit to the non‑exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia.

16 Entire Agreement

16.1 This agreement:

(1) is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement; and
(2) supersedes any prior agreement or understanding on anything connected with that subject matter.
16.2 Each party has entered into this agreement without relying on any representation by any other party or any person purporting to represent that party.

17 Definitions and interpretation

17.1 Definitions
In this Agreement, unless the contrary intention appears:
(1) Application Form means the Membership application form specified on the Website as updated by pirkx from time to time;
(2) Agreement means this agreement, including any schedule or annexure;
(3) Benefits means the benefits, rewards, savings and other offers which a Membership entitles Members to access and acquire in accordance with the Membership Terms;
(4) Commencement Date means the date the Customer a;
(5) Corporate Subscription means a subscription entitling the Customer’s Workers the right to acquire a Membership in accordance with clause 4.1;
(6) Interest Rate means interest at the rate of 2% above the rate fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic);
(7) Member means any individual who has acquired a Membership;
(8) Membership means a pirkx membership that has been granted subject to the Membership Terms;
(9) Membership Fee means the licence fee payable by Members as specified by pirkx on the Website from time to time;
(10) Membership Terms means pirkx’s customer membership terms and conditions published on the Website as varied by pirkx from time to time;
(11) Privacy Policy means pirkx privacy policy published on the Website from time to time;
(12) Sign-up Links means the automated email sent to Workers by pirkx to allow them to sign-up for a Membership following payment of the relevant Membership Fee by the Customer;
(13) Supplier means any entity which supplies a Benefit to Members;
(14) Website means pirkx.com.au; and
(15) Worker means a client, employee, contractor, volunteers and interns of the Customer with an Australian residential address entitled to a Membership in accordance with the terms of this Agreement.

Terms & Condition if you are:

self-employed or

you pay for your access to the pirkx benefits or

someone else pays for your access to the pirkx benefits

17.2 Thank-you for choosing pirkx. pirkx provides a platform for Members to access Benefits provided by third-party Suppliers. This will involve you entering into agreements with third-party Supplier via the pirkx platform. pirkx’s role is to facilitate your access to these Benefits and you are contracting with these Supplier directly, and not with pirkx itself, when accessing or redeeming these Benefits.

17.3 These terms and conditions (Terms) outline the terms and conditions governing your use of the pirkx Membership and your access to the Benefits.

17.4 Please read these Terms carefully. By acquiring or using the Membership, you are agreeing to enter into a legally binding agreement with pirkx on the Terms. You may not use the Membership or access the Benefits if you do not accept the Terms or are unable to be bound by the Terms.

17.5 In order to acquire and utilise the Membership and access and enjoy Benefits, you must first agree to and comply with the Terms. You will be considered to have accepted the Terms by:
(1) Clicking to accept or agree to the Terms, where it is made available to you by pirkx in the user interface; or
(2) Actually using the Membership or accessing any of the Benefits. In this case, you understand and agree that pirkx will treat your use of the Membership as acceptance of the Terms from that point onwards.

17.6 These Terms will begin on the date of purchase of the Membership and will be valid until such time your Membership expires or is terminated in accordance with these Terms.

18 Membership

18.1 You may apply for a Membership if:
(1) you are aged 18 years or over;
(2) have a current Australian residential address;
(3) either:
(a) you are an employee or contractor of Corporate Customer; or
(b) you are self-employed;
(4) complete the Application Form on the Website; and
(5) you otherwise satisfy pirkx’s Membership criteria from time to time.

18.2 We may refuse your application for membership for any reason in our absolute discretion.

18.3 Subject to your continued compliance with these Terms, you will be access and acquire the Benefits on the Terms of this Agreement through a Membership.

18.4 Memberships are non-transferable and may not be utilised by any individual except the Member named in that Membership.

18.5 We reserve the right to vary the entitlements of the Membership and to otherwise create, remove or vary classes of pirkx memberships by written notice to Members.

19 Your obligations

19.1 It is your responsibility to:
(1) ensure your personal details (including, but not limited to, your address, employment status, email address or phone number) and payment information associated with your Membership are kept up to date. If we do not have your correct details, we may not be able to contact you about your account or send you offers or rewards, and we may also restrict operations on your account (such as redemption).
(2) inform us if security of the account associated with your Membership is compromised in any way, including without limitation; or
(3) inform us if you would like your details removed from the account.

19.2 You must not engage in any conduct which may harass, abuse, intimidate, defame, discriminate, otherwise harm pirkx or a Supplier, or any employee, contractor, agent or worker of pirkx or a Supplier.

20 Benefits

20.1 Benefits are only available within Australia to current Members that have paid the Membership Fee in accordance with clause 21 and who are otherwise in compliance with these Terms. A list of the current Benefits available to Members can be found on the Website or at this link: www.pirkx.com.au

20.2 Benefits are supplied by Supplier directly to eligible Members and their Household but must not be shared with any third-parties unless expressly approved by pirkx and the relevant Supplier of the Benefit.

20.3 To redeem a Benefit, Members must:
(1) access the Benefit on Supplier’s website, store or otherwise as directed by the Supplier;
(2) comply with any other terms and conditions specified by pirkx or the Supplier in accordance with clause 20.5.

20.4 You will not be entitled to redeem a Benefit if you do not comply with the requirements specified in clause 20.3.

20.5 Any Benefits offered as part of the Membership are subject to any specific Benefit terms and conditions specified by pirkx or the Supplier from time to time which may include without limitation:
(1) restrictions on the number of times a Benefit can be redeemed;
(2) any reasonable use policy or similar policy prescribed by any Supplier or pirkx;
(3) conditions on the redemption of the Benefits;
(4) pre-conditions which must be satisfied prior to the redemption of the Benefit;
(5) restrictions on the number of Benefits which can received in a given period;
(6) restrictions on the class of Membership which can redeem certain Benefits; and
(7) specifying timeframes which a Benefit is redeemable.

20.6 Unless specified otherwise, Benefits may only be redeemed by the Member named on a Membership and not by any other party.

20.7 We may without notice to you add, remove or vary the Benefits available to Members and Suppliers of the Benefits as it sees fit in its absolute discretion. This is to ensure that we can manage and freshen up the offering of Benefits to our Members.

20.8 Benefits are non-transferable and may not be redeemed in cash.

21 Membership Fee

21.1 In order to redeem the Benefits and maintain an active Membership, you must pay the Membership Fee on a monthly, quarterly or yearly basis as determined by the Member or the Corporate Customer (if applicable). Membership Fees may be paid by Corporate Customers on behalf of Members.

21.2 The Membership Fee must be paid to us in any manner we specify in writing from time to time which may include without limitation:
(1) direct debit payment; or
(2) debit or credit card payment.

21.3 You must sign all documents and do all things necessary to facilitate the payment of the Membership Fee in accordance with pirkx’s prescribed payment method and you consent to pirkx making automatic payments for the prescribed Membership Fee your nominated account until your Membership is terminated.

21.4 We reserve the right to add, remove or vary the Membership Fee and other fees for Memberships by giving reasonable prior notice (which need not be greater than 30 days) to Members of any such event in our discretion:
(1) via the Website; and/or
(2) by direct communications sent to Members.

21.5 Without limititing any of pirkx’s rights, pirkx may suspend your Membership at any time should you fail to pay the Membership Fee in accordance with this clause 21 of the Terms.

22 Termination and suspension of Membership

22.1 In circumstances where we determine that you have:
(1) failed to comply with these Terms;
(2) utilised the Benefits for a commercial purpose;
(3) acted fraudulently in connection with these Terms or otherwise in respect of the Benefits;
(4) provided or offered a Benefit to any third-party outside of the Member’s Household without the written approval of both pirkx and the Supplier of the Benefit;
(5) provided misleading information or make any misrepresentation to us or to any Supplier in connection with the Membership or the Benefits; or
(6) acted in an abusive or offensive to any of our or our Supplier's staff, we may in our absolute discretion immediately:
(7) terminate your Membership; (8) suspend access to your Membership; or (9) restrict your access to any Benefits available under your Membership as we see fit.

22.2 If we have reason to believe you have breached any of these Terms, we may suspend your access to the Membership or restrict your access to some the Benefits and conduct an investigation into those alleged breaches. In the event we are satisfied that you have breached the Terms, we may in our absolute discretion terminate your Membership either terminate your Membership or provide you with a written warning of breach which may contain conditions which your Membership is subject to going forward.

22.3 Where your Membership is terminated or suspended by pirkx, you will immediately lose any entitlement to redeem the Benefits and will not be entitled a refund of any Membership Fees paid to pirkx.

22.4 You may terminate your Membership at any time by cancelling your Membership on the Website.

22.5 In the event you cancel your Membership at any time, you will be able to access the Benefits until the conclusion of your current Membership Fee payment cycle. However, pirkx will not offer a refund of Membership Fees paid in advance.

23 Limitation of liability

23.1 To the extent permitted by law, we give no express or implied warranty about any Benefits provided under the Membership. In particular, we do not represent that any particular Benefit is suitable for a particular purpose for which you intend to use it.

23.2 To the extent permitted by law and without limiting any non-excludable consumer rights you may have, pirkx will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with your use of the Membership or access of any Benefits.

23.3 You will hold pirkx and its affiliated companies harmless against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) incurred in connection with, whether directly or indirectly, your breach of these Terms, your use of the Membership or any Benefits or any violation by you of any applicable law. You access and redeem the Benefits at your own risk.

23.4 pirkx cannot and does not guarantee the supply of a Benefit from a third-party Supplier and you access the Benefits is at your own risk. pirkx gives no warranty that individual Benefits will be accessible or available as advertised. In addition, pirkx does gives no warranty as to the safety of any Benefits supplied by Suppliers and it is your responsibility to carefully review all Benefits and redeem Benefits based only on your own assessment,

23.5 Benefits may come with a warranty from the Supplier and any claim in respect of a Benefit should be made directly to the Supplier.

23.6 Except to the extent provided by law we do not accept any liability for:
(1) the loss, theft or destruction of a Benefit;
(2) loss arising from the death, injury or consequential loss arising from the supply or use of a Benefit; or
(3) any disruption to your Membership, delay or inability to provide a Benefit caused by circumstances beyond our control like industrial disputes or acts of God.

23.7 We make every reasonable effort to ensure the description of offers in connection with a Benefit are correct. However, we rely upon Benefit descriptions and information provided by the Supplier being accurate and for this reason we are not responsible for any inaccuracy in the description of a Benefit or any terms applicable to the Benefit. pirkx may add, remove or vary the Benefits available to Members and Suppliers of the Benefits from time to time in its absolute discretion.

23.8 You acknowledge and agree that we bear no responsibility for the compliance with statutory rules, regulations and licenses by our Suppliers and pirkx shall not be liable in any manner if you are unable to redeem the Benefits under Membership with from a third-party Supplier.

23.9 Nothing in these Terms limits your rights under the Australian Consumer Law.

24 General

24.1 We may, in our discretion, make any change we see fit to these Terms and we will give you notice of any change to the Terms at our sole discretion:
(1) via the Website; and/or
(2) by direct communications sent to Members.
24.2 pirkx or our Suppliers may contact Members via telephone, SMS or other electronic messaging or by email with information about your Membership or Benefit experience or any feedback.

24.3 Any complaints you wish to make in reference to any Benefit or the Membership will be dealt with in accordance with our Complaints Policy which can be found on the Website or at this link: www.pirkx.com.au

24.4 Respecting your personal information is very important to us. The Privacy Policy forms part of these Terms. The Privacy Policy sets out what personal information we collect, how we use it, to whom we may disclose it and what your privacy choices are. Our Privacy Policy is available on the Website at this link: www.pirkx.com.au

24.5 We may assign or transfer any of its rights or obligations under these Terms to any of our related entities or any third party at any time.

24.6 By acquiring the Membership or redeeming any of the Benefits, you agree that any claim or dispute arising in connection with these Terms, will be resolved in accordance with the law applying in the State of Victoria and under the exclusive jurisdiction of the courts Victoria and of the Commonwealth of Australia.

25 Definitions

25.1 In these Terms:
(1) Application Form means the Membership application form specified on the Website as updated by pirkx from time to time;
(2) Benefits means the benefits, rewards, savings and other offers which the Membership entitles Members to acquire and receive in accordance with these Terms;
(3) Complaints Policy means the pirkx complaints policy published on the Website from time to time;
(4) Corporate Customer means an organisation or entity which has entered into an agreement with pirkx to supply their employees and/or contractors with Memberships subject to these Terms;
(5) Household means up to 6 people ordinarily residing with the Member at their home address;
(6) Member means any individual who has acquired a Membership;
(7) Membership means a pirkx membership that has been granted to an individual subject to these Terms;
(8) Membership Fee means the licence fee payable by Members as specified by pirkx on the Website from time to time;
(9) pirkx means pirkx Australia Pty Ltd ABN 77 635 092 394;
(10) Privacy Policy means the pirkx privacy policy published on the Website from time to time;
(11) Supplier means the any third-party entities which supplies a Benefit to Members;
(12) Terms means this document, and any other documents referred to in it;
(13) Website means pirkx.com.au; and
(14) You means, unless these Terms indicate otherwise, the individual named as the Member on each Membership.