Service Agreement

Version 1.0 · Effective date: 28 August 2026

1. Parties and structure

1.1 This Service Agreement is between Robert McQualter Pty Ltd (ABN 49 126 850 851), an Australian company trading as Your Booking ("Your Booking", "we", "us", "our"), and the optometry practice named in the Order Form ("the Practice", "you", "your").

1.2 The agreement between us consists of, in order of precedence: (a) the Order Form; (b) these terms; and (c) the Privacy Policy for your region — yourbooking.au/privacy for Australian practices, yourbooking.nz/privacy for New Zealand practices. If there is a conflict, the earlier document prevails, except that the Privacy Policy prevails on matters of privacy compliance.

1.3 The agreement starts on the Start Date in the Order Form, or on the day you first use the Service, whichever is earlier.

1.4 Both parties enter into this agreement in trade, for business purposes.

2. Definitions

• Agent — the Your Booking software installed on a computer at the Practice, which connects the Practice's PMS to the Platform.
• Order Form — the document signed by both parties recording the Practice, its sites, the plan and the fees.
• Patient Data — personal information about the Practice's patients and, in New Zealand, health information about them.
• Platform — the Your Booking hosted software, including patient booking pages, the admin dashboard and the staff dashboard.
• PMS — the Practice's practice management system (for example Optomate or Sunix Vision).
• Segment — one part of an SMS message: up to 160 characters in the standard GSM character set, or up to 70 characters where the message contains characters outside it (such as emoji or some accented letters). A longer message is sent as multiple Segments.
• Service — the Platform, the Agent and the support we provide.

3. What the Service does

3.1 We provide online appointment booking connected to the Practice's PMS and, depending on the plan in the Order Form, appointment reminders, patient recalls, post-visit feedback requests and related patient messaging.

3.2 The Practice's PMS remains the record of its patients and appointments. The Service reads from and writes to the PMS; it does not replace it.

3.3 What the Service is not:

• it is not a clinical system and holds no clinical records;
• it is not a medical device and gives no clinical advice;
• it does not take payments from patients or hold practice funds;
• it does not list the Practice in a patient-facing directory — booking pages carry the Practice's own branding.

3.4 We use third-party providers for hosting, SMS delivery and email relay. Those in use are listed in the Privacy Policy. We remain responsible for selecting and managing those providers, and for our own obligations under this agreement, but we are not responsible for failures of third-party services except as set out in clause 10.

4. The Practice's responsibilities

4.1 PMS access. You authorise us to connect to your PMS through the Agent for the purposes of this agreement. You warrant that you have the right to grant that access under your own PMS licence and any agreement with your PMS vendor, host or IT provider. We are not responsible for your PMS vendor's terms, availability, data quality or charges.

4.2 Your environment. You are responsible for the computer the Agent runs on, its internet connection, and keeping it powered on and reachable. The Service cannot reach your PMS while that computer is offline.

4.3 Configuration. You are responsible for the accuracy of what you configure — appointment types, durations, opening hours, optometrist rosters, message templates, send windows and recall rules. You should review templates and rules before enabling them, and check the result after the first send.

4.4 Accounts. You are responsible for your admin and staff accounts, for keeping credentials secure, and for removing access when a staff member leaves.

4.5 Clinical judgement. Booking rules do not make clinical decisions. You remain responsible for the clinical appropriateness of appointment types, durations and recall intervals.

4.6 Backups and continuity. The Practice remains responsible for maintaining its PMS and its own backups. The Service is not a backup or archival system for Patient Data, and is not a substitute for the Practice's own records.

4.7 Lawful use. You will not use the Service to send messages you are not entitled to send, to send bulk marketing campaigns unrelated to a patient's appointment or recall, or in breach of any law.

5. Patient data and privacy

5.1 What we retain, and what we do not. We do not intentionally store Patient Data in the Platform's persistent application database. Patient Data is processed transiently in memory while a booking or a message is in flight. It may be retained by third-party service providers as described in the Privacy Policy, may appear incidentally in diagnostic or error logs, and may persist in routine backups until those expire. What the Platform does retain is:

• practice configuration — branding, appointment types, scheduling rules, optometrist profiles and opening hours;
• booking audit records — the PMS patient and appointment identifiers, the appointment time, type and optometrist, with no patient name or contact details;
• notification records — one record for each reminder, recall, feedback request or collection notice, holding the PMS patient identifier, timestamps, delivery status and cost, and a copy of the message with the patient's name and address replaced by placeholders. Where a staff member composes or edits the message by hand rather than using a template, it is stored as written;
• the classification of any reply a patient sends — whether they confirmed, cancelled or opted out. The words of the reply are written to the patient's record in your PMS and are not retained by us;
• practice administrator and staff login credentials, stored hashed.

The Privacy Policy is the definitive description of what is held and for how long.

5.2 Roles. The Practice is the health provider and the holder of its patient records. We handle Patient Data only to provide the Service, on the Practice's instructions, and for no other purpose. We do not sell Patient Data, do not use it to train machine learning models, and do not send it to advertising platforms.

5.3 Australian practices. Each party is responsible for its own compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles and, where applicable, State and Territory health records legislation. We will handle Patient Data in accordance with those obligations and the Privacy Policy at yourbooking.au/privacy.

5.4 New Zealand practices. We are a health agency under the Health Information Privacy Code 2020 and comply with it and the Privacy Act 2020. We hold Patient Data solely as the Practice's agent for the purposes of section 11 of the Privacy Act 2020, so that the information remains held by the Practice. We undertake to protect Patient Data in a manner that, overall, provides comparable safeguards to those in the Privacy Act 2020, and the Practice may rely on that undertaking for the purposes of IPP 12.

5.5 Cross-border. The Platform is hosted in Melbourne, Australia. For New Zealand practices, Patient Data is therefore transiently processed in Australia while a request is in flight. SMS for New Zealand practices is delivered by a New Zealand provider on New Zealand infrastructure. The Privacy Policy sets out where information goes and on what basis.

5.6 Security. We will maintain the technical and organisational measures described in the Privacy Policy, and will not materially reduce them during the term.

5.7 Breach notification. If we become aware of a security or privacy breach affecting your Patient Data, we will notify you without undue delay and in any event within 48 hours of becoming aware, with the information available to us at the time, and will cooperate with you on assessment and notification. Each party makes its own notifications to its regulator as required — the OAIC in Australia, the Office of the Privacy Commissioner in New Zealand.

5.8 On termination. We will delete your practice configuration and your audit and notification records within 30 days of a written request made after termination, other than records we are required to keep by law or that remain in routine backups until those backups expire.

6. Patient messaging

6.1 Consent is yours. You warrant that you have the consent or other lawful basis required to send appointment reminders, recalls, feedback requests and related messages to the patients you enable them for, and that your patient contact details are accurate and current. We send on your behalf, using your PMS data, at the times you configure.

6.2 Opt-out. The Service provides an SMS opt-out mechanism where the carrier or provider supports one: a patient can reply STOP, and we record the opt-out and stop further sends from the Service to that mobile number. Where the PMS supports it, opt-outs are written back to the PMS. What we do not undertake: we cannot act on an opt-out that a carrier does not deliver to us, on one a patient gives you by another channel or directly at the practice, or on one that reaches us for a different mobile number or a different patient record. Recording those in the PMS, and keeping patient contact records accurate, is the Practice's responsibility. You must not re-enable messaging to a patient who has opted out without their consent.

6.3 Australia. For practices in Australia, the Practice must ensure that messages sent through the Service comply with the laws and applicable industry codes governing electronic messaging in Australia.

6.4 New Zealand. For practices in New Zealand, the Practice must ensure that messages sent through the Service comply with the laws and applicable industry codes governing electronic messaging in New Zealand. Before reminders or recalls are enabled, the Practice must confirm that it has the consent or other lawful basis required for the patients concerned. Post-visit feedback requests are sent by email only for New Zealand practices.

6.5 Suspension. We may suspend sending for the Practice if we reasonably believe a send breaches the law, a carrier's acceptable use rules, or this clause. We will tell you why and work with you to resolve it.

6.6 Delivery. SMS and email delivery depends on carriers, handsets, spam filters and mail providers. We are not liable for a message a third party does not deliver.

7. Fees and billing

7.1 Fees are set out in the Order Form. Platform fees are charged monthly per branch. SMS is charged per Segment at the rate in the Order Form. Dedicated SMS numbers and hosted short booking domains, where taken, are charged annually in advance.

7.2 Platform fees are invoiced in advance. SMS usage is invoiced in arrears for the preceding month. Invoices are payable within 30 days of the invoice date.

7.3 Our SMS carrier's delivery records are the record of Segments sent. Statements itemise SMS usage.

7.4 Fees are exclusive of GST and any other applicable tax, which will be added where the law requires.

7.5 If an invoice is unpaid 14 days after it falls due, we may suspend the Service after giving you 7 days written notice and an opportunity to pay. Suspension does not end the agreement or your obligation to pay.

7.6 If you dispute an invoice in good faith, tell us within 14 days of the invoice date with your reasons. You must pay the undisputed part. We will not suspend the Service over the disputed part while we are working through it.

7.7 Annual charges for dedicated numbers and hosted short domains are not refundable in part if you terminate mid-term, because we pay for them in advance.

8. Changes to fees

8.1 We may change fees by giving you at least 30 days written notice.

8.2 If you do not accept an increase, you may terminate this agreement without penalty by giving written notice before it takes effect. Existing fees continue to apply until then.

8.3 Where the Order Form records an introductory or group rate, that rate applies until it is changed under this clause.

9. Free trial

9.1 A free trial, where offered, runs for the period stated in the Order Form (usually 30 days), with the full feature set and no charge. No payment details are required to start one.

9.2 SMS sent during a trial is not charged unless the Order Form says otherwise.

9.3 At the end of the trial the Practice either converts to a paid plan or the Service is disabled. Configuration is kept for 30 days after that and then deleted.

10. Availability and support

10.1 We will use reasonable endeavours to keep the Platform available, and we target availability of 99.5% per calendar month outside scheduled maintenance. This is a target only. It is not a service level and does not entitle the Practice to a credit or any other remedy.

10.2 That target does not apply to, and we are not responsible for, unavailability caused by: your internet connection or the computer running the Agent; your PMS, its vendor or its host; carriers, mail providers or other third-party services; or events outside our reasonable control.

10.3 Scheduled maintenance is carried out outside practice hours where practical. We will give notice of maintenance likely to interrupt the Service.

10.4 We monitor the Agent connection and email the Practice if the Agent stays offline beyond the configured threshold. Acting on that alert is the Practice's responsibility.

10.5 Support is by email — rob@yourbooking.au for Australian practices, rob@yourbooking.nz for New Zealand practices — during Australian Eastern business hours. We aim to acknowledge within one business day. Any committed response times are those recorded in the Order Form.

11. Changes to the Service

11.1 We develop the Service continuously and may add, change or remove features.

11.2 We will not materially reduce the core functionality of your plan without at least 30 days written notice. If a change materially and adversely affects you, you may terminate without penalty by giving notice before it takes effect.

12. Intellectual property

12.1 We own the Platform, the Agent and all associated intellectual property. You have a non-exclusive, non-transferable right to use them for your practice during the term.

12.2 You own your practice data, your brand and your content. You grant us the right to use your practice name, logo and brand colours to configure and display your branded booking pages, emails and messages.

12.3 We will not name you publicly as a customer, or use your logo in our marketing, without your written consent. Consent may be withdrawn on 30 days notice.

12.4 If you give us feedback or feature suggestions, we may use them without obligation to you.

13. Confidentiality

13.1 Each party will keep the other's confidential information confidential and use it only for this agreement. This does not apply to information that is public through no breach of this clause, was already known or independently developed, or must be disclosed by law.

13.2 This clause survives termination for three years, and indefinitely in respect of Patient Data.

14. Warranties

14.1 Each party warrants that it has authority to enter into this agreement.

14.2 We warrant that the Service will be provided with due care and skill.

14.3 Except as expressly stated in this agreement, and subject to clause 15, we make no warranties about the Service, whether express or implied. In particular, we do not warrant that it will be uninterrupted or error free, or that it will meet requirements we have not agreed in writing.

15. Liability

15.1 Rights that cannot be excluded. Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Where we are permitted to limit our liability for failure to comply with a consumer guarantee in relation to services, our liability is limited to resupplying the services or paying the cost of having them resupplied.

15.2 New Zealand. Where the Practice acquires the Service for business purposes, the parties agree that the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable to be bound by this agreement. Both parties are in trade and this agreement is in writing.

15.3 Excluded loss. Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill or loss of anticipated savings, however arising.

15.4 Cap. Each party's total liability under or in connection with this agreement, in any 12 month period, is limited to the fees paid or payable by the Practice in the 12 months before the event giving rise to the liability.

15.5 Carve-outs. Clauses 15.3 and 15.4 do not apply to the Practice's obligation to pay fees, to either party's liability for death or personal injury caused by its negligence, to fraud or wilful misconduct, or to the Practice using the Platform outside the licence granted in clause 12.1.

15.6 Each party must take reasonable steps to mitigate its loss.

16. Indemnity

16.1 The Practice indemnifies us against third-party claims, and any regulatory penalty, arising from: (a) the content of messages the Practice configures; (b) a failure by the Practice to hold the consent it warrants in clause 6.1; (c) the Practice not having the PMS access rights it warrants in clause 4.1; or (d) clinical decisions made by the Practice.

16.2 The indemnity does not apply to the extent the claim arises from our breach of this agreement or our negligence. We must notify the Practice promptly of any claim, allow the Practice to conduct the defence, and not settle without the Practice's consent.

17. Term and termination

17.1 This agreement runs month to month from the Start Date until terminated. There is no minimum term and no exit fee.

17.2 The Practice may terminate for convenience on 30 days written notice. We may terminate for convenience on 60 days written notice.

17.3 Either party may terminate immediately if the other commits a material breach and does not remedy it within 14 days of written notice, or becomes insolvent.

17.4 We may suspend or terminate immediately where continuing would breach the law, or where a security risk requires it. We will tell you as soon as we can.

17.5 On termination your access to the Platform ends, the Agent stops relaying, and you must pay for the Service up to the termination date. Clause 5.8 governs your data.

17.6 Links already sent. Booking and manage links previously sent to patients stop working when the Service ends. Recall links can stay valid for up to 12 months after they are sent, so links in letters already posted will stop resolving. Take that into account when planning patient communications.

17.7 Clauses 5.8, 12, 13, 15, 16 and 22 survive termination.

18. Force majeure

Neither party is liable for a failure to perform, other than an obligation to pay money, caused by an event outside its reasonable control, for as long as that event continues. If it continues for more than 30 days, either party may terminate on written notice.

19. Assignment and subcontracting

Neither party may assign this agreement without the other's written consent, which must not be unreasonably withheld, except that either party may assign to a purchaser of its business on written notice. We may subcontract parts of the Service; clause 3.4 governs our responsibility for those providers.

20. Notices

Notices under this agreement must be in writing and sent by email to the addresses recorded in the Order Form, and are taken to be received on the next business day. Invoices, statements and service notifications may be sent by email to the billing and notification addresses in the Order Form.

21. Changes to these terms

21.1 We may update these terms. For a material change we will give at least 30 days written notice, and you may terminate without penalty by giving notice before it takes effect. Changes that are not material — clarifications, contact details, provider lists — take effect when published.

21.2 The version number and effective date of the current terms appear at the top of this page. We keep superseded versions and will provide a copy on request.

22. Governing law

22.1 For practices in Australia, this agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.

22.2 For practices in New Zealand, this agreement is governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

23. General

This agreement is the entire agreement between the parties on its subject matter and replaces any earlier understanding. Neither party relies on any statement made outside it. If a provision is unenforceable, it is severed and the rest continues. A failure to enforce a right is not a waiver of it. Nothing in this agreement creates a partnership, employment or agency relationship between the parties, other than the limited agency described in clause 5.4. This agreement may be signed electronically and in counterparts.

24. Contact

Your Booking — Robert McQualter Pty Ltd (ABN 49 126 850 851)
Australia: rob@yourbooking.au · yourbooking.au
New Zealand: rob@yourbooking.nz · yourbooking.nz