Terms of Service

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 is designed to digitise 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. TheatreLink does not provide clinical services and is not acting as an agent for any User except as expressly specified in these Terms.

In these Terms:

• Hospital Customer means a healthcare facility, hospital group, or health service that has entered into a subscription, pilot, or other written agreement with TheatreLink for use of the platform.
• User means an individual person who accesses or uses the platform, whether on behalf of a Hospital Customer, as an invited practitioner, or otherwise.
• MSA means a Master Services Agreement, subscription agreement, pilot agreement, or other written agreement between TheatreLink and a Hospital Customer.
• Confidential Information has the meaning given in clause 14.
• 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 whether created before or after the date of these Terms both in Australia and throughout the world.
• Privacy Policy means our Privacy Policy as published from time to time at theatrelink.com.au/privacy-policy.

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;
• at least 18 years of age; and
• authorised to accept these Terms on behalf of the entity you represent.

Access to the platform is by invitation or verified self-registration only. If you are signing up on behalf of a company, partnership, hospital, or other legal entity (Represented Entity), then “you” or “User” includes the Represented Entity and you warrant that you are authorised to bind it to these Terms.

Please do not access the platform if you have previously been suspended or prohibited from doing so.

To use most platform functionality, Users must register for an account.

• You warrant that any information you provide during registration and during your use of the platform is accurate, current, and complete.
• TheatreLink may, at its discretion, choose to accept or decline an account registration, and may suspend or terminate any account for breach of these Terms or for any reason on reasonable notice.
• You are responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account.
• You must not share your account credentials or allow another person to access the platform as you.
• You must enable multi-factor authentication where prompted and 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 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
• act in any way that may harm the reputation of TheatreLink, the Hospital Customer, or other Users.

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.

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

Our handling of personal information and health information is described in the Privacy Policy. In summary:

• all patient-identifiable data processed under the Admissions & Consent module is encrypted at the record level using per-record keys wrapped by a managed Key Management Service;
• primary data residency is Sydney, Australia;
• access is role-scoped, tenant-scoped, and audited;
• the platform is not intended to store information outside the operational scope of theatre scheduling, admissions, consent, and ancillary workflows; and
• the Hospital Customer remains the data custodian for patient information processed on its behalf.

You acknowledge that we collect personal information about you in order to enable you to access and use the platform, to contact and communicate with you, to respond to your enquiries, and for other purposes set out in our Privacy Policy. By using the platform, you consent to our collection, use, and disclosure of personal information in accordance with the Privacy Policy.

• Access to the platform is sold to Hospital Customers on a subscription basis. The applicable fees, billing frequency, and payment terms are set out in the relevant MSA, Order Form, or subscription tier selected by the Hospital Customer.
• Unless otherwise agreed in writing, fees are billed monthly via our online payment partner (currently Stripe). Stripe’s terms and conditions and privacy policy apply in addition to these Terms; see stripe.com/en-au/legal.
• You may cancel a subscription at any time via the billing portal (or as set out in the MSA). Cancellation is effective at the end of the current billing period.
• Refunds for partial periods are at TheatreLink’s discretion and are not available by default. Where an MSA applies, the refund and termination provisions of that MSA prevail.
• All fees are exclusive of GST and other applicable taxes, which will be added at the prevailing rate where required.
• Stripe may apply credit-card surcharges or processing fees. We reserve the right to correct, or to instruct Stripe to correct, any errors or mistakes in collecting payment.

• The platform (including software, design, source code, configuration, content, trade marks, logos, and documentation) is the property of TheatreLink or its licensors. TheatreLink reserves all rights in any Intellectual Property Rights owned or licensed by it that are not expressly granted to you in these Terms.
• You may make a temporary electronic copy of all or part of the platform content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify, or publish the platform content without our prior written consent or as permitted by law.
• You retain ownership of User Content (subject to clause 7). We retain a non-exclusive licence to process User Content for the purposes described in these Terms and the Privacy Policy.
• TheatreLink may use aggregated, de-identified data derived from platform usage to operate, secure, and improve the platform and our services, provided such data does not identify any User, patient, or Hospital Customer.

• The platform integrates with or relies on third-party services (including, without limitation, hosting, database, email and SMS delivery, error monitoring, and payment processing services). These services are subject to their own terms of service and privacy policies.
• By using the platform, you acknowledge that your use of these third-party services through the platform is subject to those third-party terms. You should familiarise yourself with the terms applicable to any such services where they are made available to you.
• TheatreLink accepts no responsibility for third-party content or services and makes no representation, warranty, or guarantee about the quality, suitability, accuracy, reliability, currency, or completeness of third-party content or services accessed through or linked from the platform.

The platform is made available to you on an “as is” and “as available” basis. To the maximum extent permitted by law, you acknowledge and agree that TheatreLink does not represent, warrant, or guarantee that:

• the platform will be free from errors, defects, or interruptions;
• the platform will be accessible at all times;
• messages, notifications, or communications sent through the platform will be delivered promptly, or delivered at all;
• information you receive or supply through the platform will be secure or confidential beyond the security measures described in the Privacy Policy; or
• any information provided through the platform by another User or a third party is accurate or true.

TheatreLink does not accept responsibility for loss or damage to computer systems, mobile devices, or other electronic devices arising in connection with your use of the platform. You should take your own precautions to protect against viruses, malicious code, and other forms of interference.

You acknowledge that you may receive or have access to information that is confidential to TheatreLink, to Hospital Customers, to other Users, or to patients (Confidential Information). Confidential Information includes (without limitation) platform features and functionality, pricing, system operations, security architecture, business or operational documents, marketing strategies, staff information, client information, 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 for any purpose other than your authorised use of the platform.
• All communications and information involving the details of other Users, Hospital Customers, or patients must be kept confidential and must not be distributed or disclosed outside the platform except as permitted by these Terms, the Privacy Policy, or applicable law.
• This clause survives termination of these Terms.

To the extent permitted by law, TheatreLink reserves the right to keep 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. We may produce these records in the event of any legal dispute involving TheatreLink, or where required by law.

You are responsible for the collection and remission of any taxes (including GST) associated with your use of the platform that are not collected by TheatreLink. TheatreLink will not be held accountable for tax-related conduct by Users or Hospital Customers outside its own remittance obligations. Where TheatreLink invoices fees inclusive or exclusive of GST, the invoice will state this clearly.

• TheatreLink may suspend or terminate access to the platform (or to any individual account) for breach of these Terms, for non-payment, on written notice as provided in the relevant MSA, or where required by law.
• Users may close their account at any time using in-platform functionality where available, or by written notice to support@theatrelink.com.au. Where an MSA applies, the termination provisions of that MSA prevail.
• On termination, your data is retained for 30 days for recovery, after which it is deleted in accordance with our retention policy, except where longer retention is required by law (for example, clinical audit logs, signed consent envelopes under state health-record legislation, and audit logs required for tamper-evidence). See the Privacy Policy for retention horizons.
• Clauses 7 (User-Submitted Content), 10 (Intellectual Property), 13 (Disclaimer, Indemnity, and Limitation of Liability), 14 (Confidentiality), 15 (Record-Keeping and Audit), 16 (Tax), 18 (Dispute Resolution), 22 (Governing Law), and any other clause which by its nature is intended to survive termination, will continue to apply after termination.

• If you have a dispute with TheatreLink (Dispute), you agree to notify us in writing and enter into good-faith discussions and negotiations with us for a minimum of 30 days before commencing any other proceedings (other than urgent injunctive or interlocutory relief).
• If the Dispute remains unresolved after that 30-day period, any party may refer the Dispute to mediation administered by the Australian Disputes Centre (ADC) under the ADC Guidelines for Commercial Mediation in force at the time the matter is referred. The Guidelines are deemed incorporated into these Terms.
• If the Dispute remains unresolved 30 days after referral to mediation, any party may refer the Dispute to arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The seat of arbitration is Sydney, New South Wales. The arbitration is to be conducted in English before a single arbitrator appointed by agreement between the parties, or failing agreement, by ACICA.
• Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.
• Each party bears its own costs in connection with this clause unless the mediator or arbitrator orders otherwise.
• This clause survives termination of these Terms.

• Any notice or other communication under these Terms must be in writing and in English, and delivered by email to the address most recently used by the parties to correspond about the subject matter (or, for Users, to the email address registered with the account).
• Unless the sender knows or reasonably suspects that an email was not delivered, notice is taken to be given 24 hours after the email was sent, unless that falls on a Saturday, Sunday, or public holiday in New South Wales, in which case notice is taken to be given on the next business day in New South Wales.
• Notices to TheatreLink should be sent to legal@theatrelink.com.au.

TheatreLink will not be liable for any failure or delay in complying with any obligation imposed by these Terms if the failure or delay arises directly from any circumstance beyond our reasonable control, including (without limitation) fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, pandemics, epidemics, telecommunications or internet outages affecting third-party providers, and delays or disruption by government or government agencies.

We may update these Terms from time to time. Material changes will be notified to registered Users by email and by an in-app banner at least 14 days before they take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms. The current version is published at theatrelink.com.au/terms.

These Terms are governed by the laws in force in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them, subject to clause 18 (Dispute Resolution). Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

For questions about these Terms or to provide a notice under these Terms, contact: