Last updated on 12 June 2026

TERMS AND CONDITIONS

Welcome to Operating Theatre IQ – A Perioperative Systems Course! These terms apply when you sign up for our online course through our website, being www.otiq.com.au and any other websites we operate with the same domain name and a different extension (Website).

  1. HOW TO READ THESE TERMS

In these terms, we also refer to OTIQ Pty Ltd (ABN 11 698 249 099) as “our”, “we”, or “us”. And you, our customers and user, are referred to as “you”.

To make it easier for you to understand the terms on which we provide, and you use, the Online Course, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Online Course” in these terms, we mean the online course itself and any of the services provided during the Online Course, including access to our course or video content and associated materials (Services).

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

  1. ACCEPTING THESE TERMS AND CONDITIONS

Before you enrol for our Online Course, or otherwise engage with the Online Course, please carefully read these terms. If you don’t agree to these terms, please don’t enrol in the Online Course. By clicking “accept” when you create an account or signing up to the course, or otherwise proceed to engage with the Online Course, you agree to be bound by these terms.

  1. ENROLLING FOR THE ONLINE COURSE

(a) To enrol into the Online Course, you will need to create an account (Account) and pay the Fees (as defined in clause 6(a)(i)).

(b) By creating an Account and paying the Fees or otherwise accessing the Online Course (Course Enrolment) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and

(ii) you are authorised to use the debit or credit card you provide for your Course Enrolment.

(c) Enrolling in the Online Course constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Online Course you have ordered in exchange for your payment of the total Fees listed upon checkout.

(d) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.

  1. OUR COURSE

(a) The Online Course is designed to teach you general information about perioperative systems and administration for professional development purposes. It does not, and is not intended, to provide clinical or other practical skills training.

(b) We will endeavour to ensure that the Online Course provided will be substantially the same as the Online Course as described on our Website.

(c) Once we have received payment of the Fees you will be granted access to the Online Course. The Online Course is provided through the Thinkific platform, to be viewed online via the platform and your Account and not downloaded, reproduced or republished by you in any way.

(d) You are responsible for managing your Account and ensuring that you only access and engage with the Online Course in an appropriate manner.

(e) If continuing professional development (CPD) accreditation for the Online Course or its components has been obtained, details of the accrediting body and applicable credit hours are stated on the Online Course landing page. However, regardless of accreditation (or not) it is your responsibility to determine whether the Online Course meets your specific professional CPD requirements. We make no guarantee or warranty that completing this Online Course satisfies any CPD requirement whatsoever (whether communicated to us or not).

(f) The Online Course includes a mandatory written reflective practice component. In completing and submitting your reflective response, you must:

(i) de-identify all personal information in your reflective response, including removing any information identifying any patient, staff or institution before submission; and

(ii) ensure that your reflective response complies with all applicable privacy laws and your professional obligations.

(g) Where we identify that a reflective response contains identifiable information in breach of clause 4(f), we reserve the right, subject to applicable laws, to remove and delete that submission. We may require you to resubmit a compliant reflective response before we issue a certificate of completion.

(h) Certificates of completion are issued upon successful completion of all required components on the Online Course, including any assessed elements. We reserve the right to withhold certificates where:

(i) assessment requirements have not been genuinely completed; or

(ii) the Online Course platform analytics indicate systemic non-engagement or automated progression through the core learning and course materials.

  1. YOUR ACCOUNT AND LICENCE

(a) Your Account and access to the Online Course content will be provided for 12 months from the date of your Course Enrolment (Course Term).

(b) You are granted a limited licence to use the Online Course for your own personal, non-commercial purposes during the Course Term.

(c) You must not give access to your Account or your login credentials to any other person.

(d) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated under this clause, you will not be entitled to a refund of the Fees.

  1. PAYMENT

(a) All Fees are:

(i) as displayed and accepted by you at the time of checkout (Fees);

(ii) in Australian Dollars; and

(iii) subject to change without notice prior to your Course Enrolment.

(b) (Payment obligations) You must pay the Fees in full at the time of your Course Enrolment.

(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e) (Online Payment Provider) We use third-party payment providers such as Thinkific (Payment Providers) to collect payments for the Course. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible at https://www.thinkific.com/terms-of-service/, and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.

(g) (Price change) We may change the Fees for the Online Course from time to time. The Fees which apply to your Online Course will be those displayed and accepted by you at the time of checkout when you enrol in the course.

  1. DISCLAIMERS

(a) While Online Courses have been prepared with every effort to help you with useful information and ideas about perioperative systems and administration, the information provided in our Online Course is general in nature, is system-level, logistical and operational frameworks only and is provided for professional education and continuing professional development education purposes only. Financial figures, benchmarks, operational estimates, utilisation metrics, and workflow examples are indicative only and based on information available to us at the time of writing the course content.

(b) Our Online Course does not take into account your personal circumstances, clinical or professional setting, training, qualifications or specific goals. We make no representation that the content of this Online Course is appropriate, complete, or sufficient for any specific circumstance, such as particular clinical settings, patient populations or healthcare services.

(c) All information provided as part of our Online Course is not intended to be, and should not be relied on as, professional advice of any kind, including clinical, medical, legal, financial or organisational consulting advice, and is not a substitute for independent professional judgement in any individual situation (clinical or otherwise). Clinical practice must always be guided by your own assessment of the individual patient, applicable clinical guidelines, institutional policies, staffing requirements, and relevant legal, regulatory and professional obligations. Nothing in our Online Course advocates for operational efficiency measures that compromise patient safety, professional standards, staffing requirements, accreditation standards, or regulatory obligations.

(d) Many factors will be important in determining whether you achieve any actual results in relation to your own perioperative systems and administration, and there is no guarantee that you will be able to implement any of the systems or other components in the Online Course, or achieve any other personal, business, financial or other professional goals (whether communicated to us or not) within any timeframe or at all. You should obtain appropriate professional, clinical, financial, legal and other professional advice before relying on the information provided during our Online Course.

(e) We make no representation or guarantee that our Online Course will be useful or relevant to you or your professional setting, or that by applying any ideas, recommendations, methods, workflow examples or techniques in the Online Course you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to perioperative systems or otherwise, and such activities by you are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in our Online Course may not meet your specific needs, circumstances or goals.

  1. COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you in the course of providing you with our Online Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy, available at: https://www.otiq.com.au/pages/privacy-policy, contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

  1. INTELLECTUAL PROPERTY

9.1 OUR IP

Intellectual Property Rights in the Online Course and our Services and any other related information or materials (materials) are owned or licensed by us (or our third-party licensors). Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

You will not under these terms acquire Intellectual Property Rights in any of Our IP.

9.2 DEFINITIONS

For the purposes of this clause 9:

(a) “Our IP” means all materials owned or licensed by us (or our licensors) and any Intellectual Property Rights attaching to those materials, including but not limited to written modules or materials, infographics, diagrams, workflows, dashboards, case scenarios, assessment questions, videos, audio recordings, downloadable materials, and supporting resources.

(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

  1. CHANGES TO YOUR COURSE ENROLMENT

(a) Once we confirm your Course Enrolment, we generally do not allow for change of mind cancellations or refunds of your Course Enrolment unless:

(i) you submit the request to us in writing within 14 days of the date of confirmation of your Course Enrolment and less than three modules in the Online Course have been marked as complete by the platform at the date of your request; or

(ii) we otherwise agree in writing.

(b) All refund or change requests must be submitted in writing to [email protected].

(c) Nothing in this clause 10 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).

  1. DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

  1. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

12.1 THIRD PARTY GOODS AND SERVICES

(a) To provide you with the Online Course, we may use goods or services provided by third parties who have their own terms and conditions and policies (Third Party Terms).

(b) Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Online Course. Currently we use the following third parties in the supply of the Online Course:

(i) Thinkific provides and hosts the Online Course and Account platform and processes all payments for the Online Course Thinkific’s Third Party Terms are available on their website, currently at: https://www.thinkific.com/terms-of-service/

(c) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Online Course or any issues experienced in Course Enrolment.

(d) You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Online Course and you will need to cancel in accordance with this agreement.

12.2 THIRD PARTY CONTENT

The Online Course may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Course (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

12.3 LINKS TO OTHER WEBSITES

(a) The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Online Course does not imply our approval or endorsement of the linked website.

  1. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Course. You should take your own precautions to ensure that the process that you employ for accessing the Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.

  1. REPORTING MISUSE

If you become aware of misuse of the Online Course by any person, any errors in the material in the Online Course or any difficulty in accessing or using the Online Course, please contact us immediately using the contact details or form provided on our Website.

  1. SERVICE LIMITATIONS

While we will use our best endeavours to ensure the Online Course is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

(a) the Online Course may have errors or defects;

(b) the Online Course may not be accessible at times;

(c) messages sent through the Online Course may not be delivered promptly, or delivered at all;

(d) information you receive or supply through the Online Course may not be secure or confidential; or

(e) any information provided through the Online Course may not be accurate or true.

  1. NOTICES

(a) A notice or other communication to a party under these terms must be:

(i) in writing and in English; and

(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

  1. WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

  1. LIABILITY

18.1 LIABILITY

(a) To the maximum extent permitted by law and subject to the Australian Consumer Law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for the Online Course in the 3 months preceding the event giving rise to the liability.

18.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

  1. DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

  1. TERMINATION

20.1 AUTOMATIC TERMINATION

Your Account will terminate automatically at the end of the Course Term (whether you have accessed the Online Course or not).

20.2 TERMINATION FOR CONVENIENCE

You may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party. However, once the agreement is terminated your Account will also terminate and you will not have access to the Online Course.

20.3 TERMINATION FOR BREACH

(a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.

(b) A “Breach” of this agreement means:

(i) a party considers the other party is in breach of this agreement and notifies that other party;

(ii) the other party is given 10 Business Days to rectify the breach; and

(iii) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.

20.4 EFFECT OF TERMINATION

Upon termination of this agreement:

(a) your Account will be terminated and you will no longer have access to the Online Course;

(b) each party must return all property and Confidential Information to the other party;

(c) each party must comply with all obligations that are by their nature intended to survive the end of this agreement, including without limitation and clauses 7 (Disclaimer), 8 (Privacy), 9 (Intellectual Property), 17 (Warranties), 18 (Liability), 19 (Dispute Resolution) and 20.4 (Effect of Termination).

(d) each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

  1. GENERAL

21.1 GOVERNING LAW AND JURISDICTION

These terms are governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. 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.

21.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

21.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

21.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

21.5 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

21.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

21.7 ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

21.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

  1. CONTACT US

OTIQ Pty Ltd

Email: [email protected]