End-User Licence Agreement

TheatreLink is an operating theatre scheduling, coordination, and reporting platform for Australian healthcare facilities. It is an operational tool, not an electronic health record (EHR), not a system of record for clinical care, and not a medical device. The platform digitises theatre booking, session scheduling, equipment coordination, workforce management, and (where the optional module is enabled) digital patient admissions and procedure consent workflows.

Clinical decisions remain the responsibility of the treating practitioner. The hospital’s patient administration system (PAS) remains the source of truth for clinical care records.

As the provider of the platform, TheatreLink is not a party to the contracts between a Hospital Customer and its practitioners, patients, or third-party suppliers, does not provide clinical services, and is not acting as an agent for any User except as expressly specified.

In this Agreement:

• Admissions & Consent Module means the optional admissions and consent module available as part of the platform (see Annexure A).
• Hospital Customer means a healthcare facility, hospital group, or health service that has entered into an MSA with TheatreLink for use of the platform.
• MSA means a Master Services Agreement (and any Order Form or pilot agreement under it) between TheatreLink and a Hospital Customer, which contains the commercial terms of access.
• Services Agreement means a separate agreement between TheatreLink and an external practitioner (or their practice) who accesses the platform directly rather than under a Hospital Customer’s MSA.
• User means an individual who accesses or uses the platform, whether on behalf of a Hospital Customer, as an invited practitioner, as a patient using the Admissions & Consent Module, or otherwise.
• Intellectual Property Rights means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights, in Australia and throughout the world.
• Privacy Policy means our Privacy Policy as published from time to time at theatrelink.com.au/privacy-policy.

To use the platform as a member of hospital staff or as a practitioner, you must be a registered healthcare professional, an authorised representative of a healthcare facility, or an individual otherwise invited by an authorised Hospital Customer administrator; be at least 18 years of age; and, where you accept this Agreement for an entity, be authorised to bind it.

Access for hospital staff and practitioners is by invitation or verified self-registration only. Patients access only the Admissions & Consent Module, by secure invitation from their hospital (see Annexure A). You may not access the platform if you have been suspended or prohibited from doing so.

• To use most platform functionality, Users must register for an account. You warrant that the information you provide during registration and use is accurate, current, and complete.
• TheatreLink may decline an account registration that does not meet the eligibility criteria. TheatreLink may suspend or terminate an account where: (a) you breach this Agreement; (b) you cease to meet the eligibility criteria; (c) it is reasonably necessary to protect the security or integrity of the platform or other Users; or (d) required by law. Except where immediate action is needed for security or legal reasons, we will give you reasonable notice and the reason.
• You are responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account, must not share your credentials or allow another person to access the platform as you, and must enable multi-factor authentication where prompted.
• Notify us immediately of any unauthorised access at security@theatrelink.com.au.

You agree not to:

• use the platform for any purpose that violates applicable laws or is inconsistent with our Privacy Policy;
• upload malware, attempt to disrupt the service, or probe for vulnerabilities without our prior written consent;
• share your account credentials, or allow another person to access the platform as you;
• enter information you are not authorised to handle (including patient information outside your treating relationship, or outside a hospital that has enabled the Admissions & Consent Module);
• use the platform to transmit unsolicited marketing communications, spam, or bulk content;
• intimidate, harass, impersonate, stalk, threaten, bully, or endanger any other User;
• make any automated use of the platform, or copy, reproduce, translate, adapt, vary, or modify the platform without our express written consent; or
• make false, misleading, or defamatory statements about TheatreLink, the Hospital Customer, or other Users. Nothing in this clause prevents you from making honest, good-faith complaints or reviews, or from exercising any right you have at law.

You are responsible for:

• the accuracy, completeness, and lawfulness of information you enter into the platform;
• ensuring you have the necessary consents and authority to enter information about other individuals (including patients, colleagues, and witnesses);
• maintaining the confidentiality of your login credentials and enabling multi-factor authentication when prompted; and
• notifying us immediately of any unauthorised access, suspected breach, or compromise at security@theatrelink.com.au.

In relation to any use of the Admissions & Consent Module, you must also comply with the terms set out in Annexure A.

You may upload or submit content to the platform, including accreditation documents, profile information, booking details, and similar materials (User Content).

The platform is not intended to store information outside the operational scope of theatre scheduling, admissions, consent, and ancillary workflows. How we collect, use, store, and disclose personal information and health information is described in the Privacy Policy. Where the platform processes patient information on behalf of a Hospital Customer, the data-handling obligations between TheatreLink and the Hospital Customer are set out in the MSA (including its data-processing terms).

• The platform (including software, design, source code, configuration, content, trade marks, logos, and documentation) is the property of TheatreLink or its licensors. TheatreLink grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the platform for its intended purpose for as long as you are an authorised User. All rights not expressly granted are reserved.
• You may make a temporary electronic copy of platform content solely to view it in connection with your use of the platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify, or publish platform content without our prior written consent or as permitted by law.
• You retain ownership of User Content (subject to clause 7).
• TheatreLink may use aggregated, de-identified data derived from platform usage to operate, secure, and improve the platform, provided such data does not identify any User, patient, or Hospital Customer.

• The platform integrates with or relies on third-party services (including hosting, database, email and SMS delivery, error monitoring, and payment processing). These services are subject to their own terms and privacy policies.
• By using the platform, you acknowledge that your use of those third-party services through the platform is subject to their terms, and you should familiarise yourself with them where they are made available to you.

TheatreLink will take reasonable care in providing the platform and will use reasonable efforts to keep it available. To the extent permitted by law, however, the platform is provided on an “as is” and “as available” basis, and we do not warrant that:

• the platform will be free from errors, defects, or interruptions, or accessible at all times;
• messages, notifications, or communications sent through the platform will be delivered promptly or at all; or
• information provided through the platform by another User or a third party is accurate or true.

Except where loss or damage to your computer systems or devices results from our failure to take reasonable care, we do not accept responsibility for such loss or damage arising in connection with your use of the platform, and you should take your own precautions against viruses and malicious code. Service-level and availability commitments (where offered) are set out in the MSA or Services Agreement.

Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under the Australian Consumer Law (in the Competition and Consumer Act 2010 (Cth)) or other applicable law, including the consumer guarantees. Under the Australian Consumer Law you may be entitled to remedies (such as a refund, replacement, or repair) if there is a failure with the services we provide.

Subject to the above, and except to the extent caused by TheatreLink’s wilful misconduct, gross negligence, a data-protection breach attributable to TheatreLink, or infringement of a third party’s Intellectual Property Rights:

• each party’s liability to the other for loss arising in connection with the platform is reduced to the extent the other party’s acts or omissions caused or contributed to the loss; and
• neither party is liable to the other for indirect or consequential loss, or for loss of profits, revenue, goodwill, or anticipated savings.

The monetary caps on TheatreLink’s liability are set out in the MSA (for Hospital Customers and their associated Users) or the Services Agreement (for external practitioners). Where no such agreement applies to you, this clause governs the allocation of liability.

You acknowledge you may receive or access information that is confidential to TheatreLink, to Hospital Customers, to other Users, or to patients (Confidential Information), including platform features and functionality, system operations, security architecture, business or operational documents, information about other Users, and information about patients accessed through the platform.

• You must not disclose Confidential Information to any third party or use it other than for your authorised use of the platform.
• Information involving the details of other Users, Hospital Customers, or patients must be kept confidential and not disclosed outside the platform except as permitted by this Agreement, the Privacy Policy, or applicable law.
• This clause survives termination.

To the extent permitted by law, TheatreLink keeps records of transactions, audit events, and communications made through the platform (including authentication logs, audit logs, configuration changes, and platform usage metadata) for security, administrative, regulatory, and dispute-resolution purposes, and may produce these records in a legal dispute involving TheatreLink or where required by law.

• TheatreLink may suspend or close your access for the grounds set out in clause 4. Suspension or termination of a Hospital Customer’s subscription for non-payment or commercial breach is governed by the MSA.
• You may close your account at any time using in-platform functionality where available, or by written notice to support@theatrelink.com.au.
• On closure, your data is retained for 90 days to allow recovery and export, after which it is deleted in accordance with our retention practices, except where longer retention is required by law (for example, clinical audit logs and signed consent envelopes under state health-record legislation). On request during the retention window, we will provide reasonable assistance to export your data in a commonly used, machine-readable format.
• Clauses 7, 9, 12, 13, 14, and any clause which by its nature is intended to survive, continue after termination.

• Notices under this Agreement must be in writing and in English, delivered by email to the address most recently used by the parties to correspond (or, for Users, the email registered with the account).
• Unless the sender knows or reasonably suspects non-delivery, notice is taken to be given 24 hours after the email is sent, unless that falls on a weekend or NSW public holiday, in which case on the next NSW business day.
• Notices to TheatreLink: legal@theatrelink.com.au.

Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money) to the extent the failure or delay arises from a circumstance beyond its reasonable control, including fire, flood, earthquake, war, sabotage, industrial disputes, embargo, changes in law, pandemics or epidemics, and telecommunications or internet outages affecting third-party providers. The affected party must take reasonable steps to mitigate and remedy the effects of the event and resume performance as soon as reasonably practicable.

We may update this Agreement from time to time. For material changes — meaning changes that affect your usage rights, the acceptable-use rules, the intellectual-property licence, or the allocation of liability under this Agreement — we will give registered Users at least 30 days’ notice by email and an in-app banner before they take effect, and you may close your account before the change takes effect if you do not agree. Non-material changes (such as clarifications or contact details) may take effect on posting. The current version is published at theatrelink.com.au/terms.

This Agreement is governed by the laws in force in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales. Formal dispute-resolution procedures (negotiation, mediation, and arbitration) applicable to Hospital Customers and external practitioners are set out in the MSA or Services Agreement; nothing prevents either party from seeking urgent injunctive relief from a court.

For questions about this Agreement or to provide a notice under it, contact: