Practice Master Pro Free Trial

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Supported Operating Systems

Practice Master Pro runs on Windows operating systems. It can also run on a Mac as long as Windows is also running as a virtual machine using Virtual Box or Parallels.

Windows 10 (all versions)
Windows 8 (all versions - must support 'Desktop Mode')
Windows 7 (all versions)
Windows Vista Service Pack 2 (all versions) Windows Server 2008/2012
Mac - via Bootcamp, Parallels or Virtual Box (running a Windows version above)

Click here to see the full system requirements

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License Agreement

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LICENCE AGREEMENT

1.          DEFINITIONS

In this Agreement:

1.1         Agreement means the terms and conditions of this document, the definitions and choices of Software, type of computer on which the Software is licensed for use, Fees, Taxes, types of use, Licence Periods or other metrics that apply to the Software or Support that the User selects from the Sign On Page as part of the sign on process.

1.2         Australian Consumer Law means the Competition and Consumer Act 2010 (Cth).

1.3         Confidential Information means any and all information concerning the other party’s business, including information marked as confidential, that the discloser treats as confidential or that the recipient knows or ought to know is confidential, but does not include information that:

(a)         is in the public domain (other than as a result of unauthorised disclosure);

(b)         the recipient already possesses at the time of disclosure (unless the information was received through unauthorised disclosure or is subject to prior confidentiality obligations); or

(c)          is independently developed or acquired by the recipient (other than as a result of unauthorised disclosure).

1.4         Credit Card means any valid credit card, debit card or charge card that Practice Master accepts for payment from time to time in its discretion.

1.5         Fees means the fees payable for the Software license and Support, as defined by the User’s selection on the Sign On Page. 

1.6         Intellectual Property Rights includes copyright, trademark, service mark, patent, design, trade secret, or other proprietary right, any right to registration of such rights, or any similar rights protected by statute, from time to time.

1.7         Licensee means the User’s employer, or if the User is self employed, Licensee is the person who clicks “I Agree” as part of the sign on process.

1.8         Licence Key means any form of lock, password or other mechanism that may be used to control access to, or manage use of, the Software.

1.9         Licence Period means the period of this Agreement from the date that the User clicks “I Agree” as part of the sign on process and for such period as is defined by the User’s selection on the Sign On Page, (unless the Agreement is terminated earlier in accordance with its terms).  The License Period for the trial is 30 days unless stated otherwise on the Sign On Page.

1.10      Practice Master means Practice Master Pty Ltd, ACN 158 422 032.

1.11      Sign On Page means the webpage on the Practice Master website which sets out the definitions and choices of Software, type of computer on which it will be licensed for use, Fees, Taxes, types of use, Licence Periods or other metrics that apply to the Software or Support that may be selected by the User as part of the sign on process.

1.12     Software means the software programs identified on the Sign On Page, and includes its online help information, and any minor updates to that Software. 

1.13       Support means the defect correction service and right to receive minor updates to the Software, as described in clauses 3.1 to 3.3.

1.14       Taxes includes goods and services taxes or other sales taxes, duties, withholding taxes, levies, imposts or other charges or duties levied by any federal, state or local government which arise out of or in connection with the Software, Support or this Agreement, and any interest, penalties or liabilities incurred on such amounts, but excludes taxes based on the net income of Practice Master.

1.15      User means the person who clicks “I Agree” as part of the sign on process and thereby accepts the terms and conditions of this Agreement.

1.16       The words "includes" or "including" are not words of limitation.

1.17     This Agreement must be read subject to any non-excludable provisions of the Australian Consumer Law.

2.          LICENCING

2.1         On the date that the User clicks “I Agree” as part of the sign on process, and subject to receipt of the Fees and Taxes, Practice Master grants to Licensee a non-exclusive, non-transferable, personal right, during the Licence Period:

(a)         to download the Software and install it on a single computer of the type stated on the Sign On Page;

(b)         to run (and to copy the Software only to the extent that it is necessary to run) the Software on the single computer of the type stated on the Sign On Page for the purpose of evaluation (trial) of the software.

2.2         Nothing in this Agreement permits Licensee to:

(a)         use the Software to process any data other than that owned by Licensee;

(b)         use the Software to provide any facility management or service bureau service, or for the benefit of any third party;

(c)          copy, adapt, translate, publish, communicate to the public, or create any derivative work or translation of the Software, unless expressly permitted by law;

(d)         sub-license, lease, rent, loan, assign, novate or otherwise transfer the Software to any third party;

(e)         disclose the Software to any third party (other than to any of Licensee’s subcontractors who are bound by obligations of confidentiality which are no less restrictive than those specified in clause 8.1 and who are using the Software solely for Licensee’s authorised use of the Software);

(f)          reverse engineer, reverse compile, de-compile or disassemble the object code of the Software or any part of the Software, or otherwise attempt to derive the source code of the Software, except to the extent the permitted by law;

(g)         remove, alter or obscure any Practice Master trademarks, or any proprietary or restricted use notice or warning or disclaimer on the Software; or

(h)         allow the Software to become the subject of any charge, lien or encumbrance.

2.3         Practice Master does not grant any right of access or use of the source code of the Software, except to the extent permitted by law.

2.4         Licensee may have one additional copy of the Software at any time, which may only be used as a back-up, in accordance with the law. 

3.          SUPPORT AND UPDATES

Warranty Against Defects

3.1         Licensee may report any defect in the Software to Practice Master via Practice Master’s website support page www.practicemaster.com.au/support.  Practice Master will use reasonable efforts to remedy material defects in the Software within a reasonable period.  Any remedies to defects will be released by way of a minor update that is released generally to all supported customers, unless agreed otherwise on a case by case basis.

3.2         Where Licensee is exercising its rights in respect of a “Warranty Against Defects (as defined by Regulation 90, issued under the Australian Consumer Law) then, in accordance with that Regulation:

The services are provided by Practice Master Pty Ltd ACN 158 422 032 of 6, Pringle Avenue, Frenchs Forest, NSW 2086, email address: support@practicemaster.com.au

In order to make use of this service Licensee must contact Practice Master during the License Period using the form on the website support page www.practicemaster.com.au/support.

The costs for the service that Practice Master provides as a Warranty Against Defects are included within the Fees.  No additional fees are payable by Licensee for this service.  Licensee is responsible for any expenses Licensee incurs in using this service.

The statement in italics below is required to be included in these terms and conditions under Regulation 90.

“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

The benefits that Practice Master provides to consumers under this Warranty Against Defects are in addition to any other rights or remedies the consumer may have in respect of these goods or services under the Australian Consumer Law.

3.3         If and when Practice Master issues a minor update to the Software during the License Period (as denoted by an increase in the integer to the right of the decimal point) Licensee may download this update from Practice Master’s website during the License Period without charge.  Licensee must then immediately destroy all copies of the prior version of the Software.

New Releases

3.4         3.4 If Practice Master issues a new version of the Software, (what constitutes a new release is as determined by Practice Master in its sole discretion, but is usually a version of the Software that is denoted by an increase in the integer to the left of the decimal point), this is a new product and may be subject to different terms and conditions. Any new version may incur an increase in license fee to acquire.

4.           DELIVERY

4.1         Promptly following payment the Fees and Taxes for the Software licence and Support, Practice Master will provide Licensee with a License Key and make the Software available for download from Practice Master’s website.

4.2         Licensee is responsible for downloading the Software and installing it on the relevant computer.  If the Software fails to download and install properly Licensee should promptly contact Practice Master and Practice Master will assist Licensee to obtain a copy of the Software.

4.3         All Software is deemed accepted by Licensee upon successful download onto the computer.

5.          PAYMENT

5.1         Licensee must pay any Fee described on the Sign On Page for the Software and Support selected by the User on the Sign On Page and all related Taxes using a Credit Card, such payment must be made at the time the User completes the sign on process.

5.2         If Licensee wishes to:

(a)         enter into a new License Agreement for the Software and Support at the end of the Licence Period; or

(b)         acquire other software programs or services,

then Licensee may acquire it by going through the sign on process on Practice Master’s website and selecting the appropriate item from the Sign On Page.  Any such arrangement is a separate contract and will be offered at Practice Master’s then current terms and conditions and fees. 

5.3         Where the Fees and Taxes are denominated by Practice Master in Australian dollars but Licensee is using a Credit Card that is not issued in Australia, Licensee agrees:

(a)         to pay any charge from the provider of the Credit Card for an international transaction; and

(b)         to use the exchange rate used by the provider of the Credit Card for the conversion of the Fees, Taxes or other amounts payable under this Agreement into Australian dollars.

5.4         Licensee irrevocably authorises Practice Master to deduct from any Credit Card provided to Practice Master any:

(a)         Fees and Taxes due under this Agreement from time to time;

(b)         charge backs or fees, including any related Taxes, incurred by Practice Master for any failed transaction from the Credit Card, as well as Practice Master’s then current administration fee (as set out on the invoice) for dealing with any failure to receive payment; and

(c)          loss, damage or expense that Practice Master suffers as a result of your wilful, unlawful, negligent act or omission or any breach of this Agreement, as determined by Practice Master in its discretion.

5.5         If there is any failure to make payment by the Credit Card by the due date for any reason, including that the Credit Card ceases to be valid, ceases to be authorised for debiting any amount stated in this Agreement or there is insufficient funds in the relevant account, then Licensee must within 7 days:

(a)         provide an alternative Credit Card and authorise all amounts due to be deducted from that Credit Card; and/or

(b)         make payment of all amounts due by another payment method agreed with Practice Master.

5.6         All payments under this Agreement must be made free and clear and without deduction for any and all present and future Taxes.  Payments due to Practice Master under the Agreement must be increased so that amounts received by Practice Master, after provisions for Taxes and all Taxes on such increase, will be equal to the Australian dollar amounts required under the Agreement, as if no Taxes were due on such payments.

6.          WARRANTIES AND GUARANTEES

6.1         Licensee represents and warrants that Licensee will perform all of its obligations to Practice Master, and ensure that any Software is used, in compliance at all times with all foreign, federal, state and local statutes, orders and regulations, including those of any governmental agency that are applicable to Licensee in performing its obligations to Practice Master or to the use of any Software.

6.2         Licensee acknowledges and agrees that owing to the nature of the Software and Support, Practice Master does not represent or warrant that:

(a)         the Software will operate on or in combination with any operating system or technology other than that stated on the Sign On Page;

(b)         the Software will be continuously available for download during the License Period; or

(c)          the Software and/or Support will meet Licensee’s or any end user’s requirements;

(d)         any third party software to which the Software interfaces will continue to interface (or will continue to interface in the same way) with the Software throughout the Licence Period where that third party software is updated or has a new release issued.

6.3         To the extent that Licensee is entitled to any statutory guarantee under sections 54 to 59 of the Australian Consumer Law, then to the extent that Practice Master fails to comply with such statutory guarantee in respect of goods which are not goods of a kind that are ordinarily acquired for personal, domestic or household use or consumption, Practice Master’s liability is limited to one or more of the following, at Practice Master’s option:

(a)         the replacement of the goods or the supply of equivalent goods;

(b)         the repair of the goods;

(c)          the payment of the cost of replacing the goods or of acquiring equivalent goods;

(d)         the payment of the cost of having the goods repaired,

provided that it is fair and reasonable for Practice Master to reply on this term.

6.4         To the extent that Licensee is entitled to any statutory guarantee under sections 60 – 62 of the Australian Consumer Law, then to the extent that Practice Master fails to comply with such statutory guarantee, in respect of services which are not services of a kind that are ordinarily acquired for personal, domestic or household use or consumption, Practice Master’s liability for a failure to comply with such statutory guarantee is limited to one of the following, at Practice Master’s option:

(a)         supplying the services again; or

(b)         payment of the cost of having the services supplied again,

unless it is not fair or reasonable for Practice Master to rely on this term of the Agreement.

7.          INTELLECTUAL PROPERTY RIGHTS

7.1         All Intellectual Property Rights in the Software (including any adaptations and translations) are the exclusive property of Practice Master (and its licensors, if any), or vest in or must be transferred to Practice Master or its designee immediately upon creation, as the case may be.

7.2         Except for the rights expressly granted by Practice Master to Licensee under this Agreement:

(a)         Practice Master and its licensors, if any, reserve all right, title and interest in any Software (including any adaptation or translation) and all Intellectual Property Rights in them;

(b)         no right, title or ownership interest in or to any Software (including any adaptation or translation), whether by implication, estoppel or otherwise, is granted, assigned or transferred to Licensee under or in connection with this Agreement.

8.          INFORMATION

8.1         Each party agrees that it must not permit the use of the other party’s Confidential Information by, nor must it disclose the other party’s Confidential Information to, any third party, other than:

(a)         Practice Master may disclose Licensee’s Confidential Information to Practice Master’s contractors (and any company, entity or legal person in Practice Master’s group of companies, and any of their respective contractors); and

(b)         either party may disclose it to their professional advisers on a need to know basis,

unless such use or disclosure is specifically authorised in writing by the other party or by law.  Each party must only use the other's Confidential Information for the purpose of performing the obligations under this Agreement, or if the recipient is a professional adviser, the professional adviser may use the Confidential Information for purposes connected with advising on or reporting on this Agreement.

8.2         Licensee must ensure that each person who is issued with a Licence Key does not disclose their Licence Key to any other person.

8.3         Each party must use any Personal Information of which it becomes aware in connection with the Agreement in accordance with the law.  Practice Master will comply with all relevant privacy law and its privacy policy (as posted on Practice Master’s website from time to time) when dealing with any Personal Information of which it becomes aware in connection with this Agreement.

8.4         Licensee warrants that:

(a)         Licensee has obtained the informed consent from each individual about whom Practice Master will obtain Personal Information from Licensee in connection with this Agreement; and

(b)         Practice Master, its group companies, their respective subcontractors and their permitted successors, assignees and sub-licensees may use that individual's Personal Information in any manner that may be reasonably contemplated by this Agreement, including a transfer overseas.

8.5         Licensee must permit Practice Master, or its nominee, to inspect and have access to the premises (and to the computer located there) at or on which the Software is being kept or used, the usage logs in the Software and to any records kept in connection with this Agreement, for the purposes of ensuring that Licensee is complying with the terms of this Agreement.  If Practice Master requires access to the Licensee’s premises then:

(a)         Practice Master must provide reasonable advance notice to Licensee;

(b)         any access must be during business hours or other times agreed by Licensee;

(c)          Practice Master must use reasonable endeavours to minimise any disruption to Licensee’s business; and

(d)         if Practice Master uses a nominee to conduct the inspection, such nominee must not be a competitor of Licensee and must sign a non-disclosure agreement with Practice Master that protects any information found during the inspection on terms that are no less protective than those terms that included in clause 8.1 of this Agreement.

9.          LIMITATION OF LIABILITY AND INDEMNITY

9.1         For any liability that is not covered in clauses 6.3 to 6.4, to the extent permitted by law, Practice Master’s liability to Licensee for any claim whether it be in contract (including under an indemnity), tort, breach of statutory duty or otherwise, arising out of or in connection with the Software, Support, this Agreement or the relationship between the parties, shall be limited to direct damages that do not exceed $500 in aggregate.

9.2         To the extent permitted by law, Licensee indemnifies and holds harmless Practice Master against any loss, damage or expense incurred or suffered by Practice Master as a result of any third party claim that arises out of or in connection with Licensee’s use of the Software.

10.      TERMINATION

10.1       Practice Master may terminate the Agreement, in whole or part, by giving Licensee notice if:

(a)         payment is not received as a result of the sign on process, or there is a chargeback for any reason other than Practice Master having to provide a refund as required by law; or

(b)         Licensee breaches any other provision of this Agreement and the breach has not been remedied within 7 days of notice from Practice Master specifying the breach.

10.2       Licensee may terminate the Agreement by giving Practice Master written notice if Practice Master breaches any provision of this Agreement and the breach has not been remedied within 30 days of written notice from Licensee specifying the breach.

10.3       Where the Agreement may be terminated under the provisions of the Australian Consumer Law, Licensee may also terminate the Agreement in accordance with those provisions in the Australian Consumer Law.

10.4       Practice Master may use any technical means to enforce its rights under this Agreement, including preventing further downloads or preventing access to the Software through using a License Key.

11.        GENERAL

11.1     Nothing in this Agreement is to constitute or be deemed to constitute a partnership among the parties, joint venture, fiduciary relationship or is deemed to permit any party to act as agent for any other for any purpose.  Neither party will have authority to bind the other or contract in the name of the other in any way or for any purpose.

11.2     If any part of this Agreement is for any reason declared invalid or unenforceable the validity of the remaining portion of this Agreement will not be affected and the remaining portion will remain in force.

11.3     The provisions of this Agreement can only be varied by written document signed by both parties.  A waiver of any of the rights of a party is not effective unless the extent of the waiver is expressly set out in a written document that is signed by that party. 

11.4     To the extent that there is a conflict between the terms and conditions in this document and the terms on the Sign On Page, the terms on the Sign On Page shall prevail.

11.5       The parties consent to this Agreement being signed or varied through electronic communication using electronic signatures.

11.6     To the extent permitted by law, this Agreement:

(a)         records the entire agreement between the parties in relation to its subject matter;

(b)         supersedes all previous negotiations, understandings or agreements in relation to the subject matter and expressly excludes the pre-printed terms and conditions of Licensee’s purchase order (if any).

11.7     The Agreement is governed by the laws of New South Wales, and both parties agree to submit to the exclusive jurisdiction of the courts in New South Wales.   The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Agreement

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