PRACTICE MASTER PRO SOFTWARE SUBSCRIPTION AGREEMENT
Provider: Practice Master Pty Ltd (ACN 158 422 032)
IMPORTANT: This Agreement governs access to and use of
Practice Master Pro, including free trials, paid subscriptions,
cloud-hosted services, native applications and optional features.
By accepting this Agreement, you agree to its terms and conditions.
Please read it carefully before proceeding.
1. Definitions and Interpretation
1.1 Agreement means these terms and conditions, together with any applicable subscription details, accepted order, additional feature terms and Data Processing Agreement.
1.2 Customer means the individual, company, partnership or other legal entity registering for or subscribing to the Service, including the healthcare practice on whose behalf registration is completed.
1.3 Practice Master, we, us and our mean Practice Master Pty Ltd (ACN 158 422 032).
1.4 Service means Practice Master Pro, including its cloud-hosted practice management platform, associated software applications, online services, Practice Portal, patient-facing services, support facilities and other features made available under the Customer's subscription.
1.5 Applications means the native Windows, macOS, iOS and Android applications, and any other software supplied by Practice Master for accessing the Service.
1.6 Authorised User means an individual permitted by the Customer to access the Service under the Customer's account and applicable licence arrangements.
1.7 Practitioner Licence means a paid licence permitting an individual to use practitioner functionality within the Service, subject to the applicable subscription terms.
1.8 Customer Data means information entered, uploaded, stored, generated or otherwise processed through the Service on behalf of the Customer, including patient records, clinical notes, appointments, documents, financial records and related information.
1.9 Optional Services means separately enabled or purchased features, including SMS messaging, AI Scribe, artificial intelligence processing and other features designated by Practice Master as optional or separately chargeable.
1.10 Subscription Period means the recurring period for which the Customer has subscribed to the Service, ordinarily one calendar month unless otherwise agreed.
1.11 Fees means subscription charges, practitioner licence charges, optional service charges, usage charges and any other amounts expressly agreed by the Customer.
1.12 Applicable Law means the laws and regulations applicable to the relevant party, the Service or the processing of Customer Data, including applicable privacy, consumer protection and healthcare laws.
1.13 References to legislation include amendments and replacements. Headings are provided for convenience and do not affect interpretation.
2. Acceptance and Application of this Agreement
2.1 This Agreement governs all access to and use of Practice Master Pro, including free trials, paid subscriptions, native software applications, cloud-hosted services and optional features.
2.2 By registering for an account, commencing a free trial, purchasing a subscription or otherwise accepting this Agreement electronically, the Customer agrees to be bound by its terms.
2.3 This Agreement applies from the date the Customer first accepts it and continues throughout the Customer's use of the Service, including any transition from a free trial to a paid subscription.
2.4 Where the Customer upgrades from a free trial to a paid subscription, this Agreement continues to apply without requiring a separate agreement, unless updated terms or additional feature-specific terms require acceptance.
2.5 Certain provisions, including payment obligations, subscription renewals and charges for optional services, apply only where the Customer has expressly authorised the relevant paid services.
2.6 A person accepting this Agreement on behalf of a business or organisation confirms that they are authorised to enter into the Agreement on its behalf.
2.7 The Customer is responsible for ensuring that its Authorised Users comply with the provisions of this Agreement applicable to them.
2.8 Practice Master may require the Customer to accept updated versions of this Agreement in accordance with the section concerning Changes to this Agreement.
3. Provision of the Service and Software Licence
3.1 Subject to this Agreement and payment of applicable Fees, Practice Master grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Service for the Customer's lawful internal business purposes.
3.2 Practice Master also grants the Customer and its Authorised Users a limited licence to download, install and use the Applications on supported devices for the purpose of accessing the Service.
3.3 The Service operates primarily through cloud-hosted infrastructure. The Applications provide access to functionality and data maintained by or on behalf of Practice Master.
3.4 The Customer acknowledges that an internet connection is required for normal operation of the Service and that availability may depend on external networks, devices, operating systems and third-party services.
3.5 Practice Master may release updates, security improvements, bug fixes and new versions of the Applications and Service. Certain updates may be required to maintain compatibility, security or continued access.
3.6 Practice Master may modify, improve, replace or discontinue features where reasonably necessary for security, technical compatibility, legal compliance or ongoing development of the Service.
3.7 Where a change materially reduces a significant feature included in a paid subscription, Practice Master will provide reasonable advance notice where practicable. If the change materially disadvantages the Customer, the Customer may cancel the affected subscription before the change takes effect and receive any refund required by Applicable Law or expressly agreed by Practice Master.
3.8 Features identified as experimental, preview or beta features may be subject to additional limitations, and may be modified or withdrawn, subject to Applicable Law.
3.9 No ownership of the Service, Applications, source code or underlying technology is transferred to the Customer.
4. Accounts, Users and Licensing
4.1 The Customer must provide accurate registration and billing information and keep that information reasonably up to date.
4.2 The Customer is responsible for appointing and managing its authorised administrators and users, assigning appropriate permissions and promptly removing access when no longer required.
4.3 Each Authorised User must use their own login credentials. Accounts must not be shared between individuals.
4.4 Practitioner functionality requires a valid Practitioner Licence for each individual designated as a practitioner under the applicable licensing rules.
4.5 Administrative users who do not require practitioner functionality may be provided without additional practitioner licence charges, subject to the applicable plan and published licensing rules.
4.6 Optional features, including AI functionality, may require separate activation, licensing or payment.
4.7 The Customer must not deliberately misclassify users, share licences or circumvent licensing restrictions to avoid applicable Fees.
4.8 The Customer is responsible for configuring user permissions appropriately, particularly where access to sensitive patient information is involved.
4.9 The Customer must take reasonable measures to protect account credentials and devices and notify Practice Master promptly of suspected unauthorised access or security incidents affecting the Service.
4.10 Practice Master may use reasonable account and usage information to verify compliance with licensing arrangements. Any investigation or verification will be proportionate and conducted in accordance with applicable privacy and confidentiality obligations.
5. Free Trials
5.1 Practice Master may offer a free trial of the Service for a specified period, ordinarily 14 days.
5.2 A free trial provides temporary access to the features identified as included in the trial offer.
5.3 Certain Optional Services, including AI Scribe and SMS messaging, may be excluded from the free trial or subject to separate usage allowances.
5.4 No payment card is required to commence the standard free trial unless expressly stated in the applicable offer.
5.5 The free trial will not automatically convert into a paid subscription unless the Customer has expressly authorised that conversion after being informed of the applicable price and commencement date.
5.6 At the end of the free trial, access to normal Service functionality may be restricted unless the Customer commences a paid subscription.
5.7 Practice Master may limit repeated trial registrations, fraudulent trial activity or attempts to circumvent trial restrictions.
5.8 Customer Data created during a free trial will be handled in accordance with this Agreement and the applicable Privacy Policy. The retention and deletion arrangements for an expired trial that does not become a paid subscription must be disclosed in the trial offer or applicable data retention policy.
6. Subscriptions, Fees and Payments
6.1 Paid subscriptions are ordinarily billed monthly in advance unless another billing arrangement has been expressly agreed.
6.2 Subscription Fees are calculated according to the Customer's selected plan, number of licensed practitioners and any additional services purchased.
6.3 The Customer is responsible for maintaining sufficient licences for its actual use of the Service.
6.4 Adding or removing licences may result in a change to the recurring subscription charge. Any immediate charges, credits or prorated adjustments will be disclosed through the applicable billing process.
6.5 The Customer authorises Practice Master and its appointed payment processor to charge the agreed recurring Fees using the payment method provided.
6.6 Payments may be processed by third-party payment providers, including Stripe. The Customer acknowledges that payment processing may be subject to the provider's applicable terms.
6.7 Fees will be charged in the currency disclosed at the time of purchase. Applicable taxes, including GST or VAT where required, will be displayed or charged in accordance with Applicable Law.
6.8 International card issuers and financial institutions may impose currency conversion or transaction fees. Practice Master is not responsible for charges independently imposed by the Customer's financial institution.
6.9 Paid subscriptions automatically renew for successive Subscription Periods unless cancelled in accordance with this Agreement.
6.10 Except where required by Applicable Law or expressly agreed, Fees already paid are not refundable solely because the Customer does not use the Service for all or part of a Subscription Period.
6.11 Practice Master will correct billing errors and provide any refund or adjustment required by Applicable Law.
6.12 Practice Master will not impose additional discretionary charges, automatic credit top-ups or unapproved usage charges without the Customer's prior authorisation or an existing, clearly disclosed billing arrangement.
7. Changes to Pricing
7.1 Practice Master may change subscription prices, practitioner licence prices and fees for Optional Services from time to time.
7.2 Practice Master will provide at least 30 days' advance notice of an increase to recurring subscription Fees.
7.3 Notice may be provided to the Customer's registered billing email address, through the Practice Portal or by another reasonable direct communication method.
7.4 Increases to recurring subscription Fees will not take effect before the next renewal following expiry of the notice period.
7.5 The Customer may cancel the affected subscription before the new recurring Fees take effect if the Customer does not wish to accept the increase.
7.6 Usage-based rates, SMS credit prices and AI processing allowances may be adjusted separately where necessary to reflect changes in supplier costs, operating costs or service arrangements.
7.7 Material changes to usage-based charges will be communicated reasonably in advance where practicable. Purchased credits and agreed fixed-price allowances will retain their stated conditions unless otherwise agreed or required by law.
7.8 Changes to usage rates do not authorise Practice Master to make additional purchases or charge the Customer beyond amounts previously authorised.
8. Acceptable Use and Fair Use
8.1 The Customer must use the Service lawfully and in accordance with its intended purpose as a practice management platform.
8.2 The Customer and its Authorised Users must not:
- Use the Service for unlawful, fraudulent or misleading activities.
- Attempt to gain unauthorised access to other accounts, systems or information.
- Interfere with the security, performance or availability of the Service.
- Introduce malicious software or knowingly transmit harmful code.
- Reverse engineer, decompile, modify or reproduce the Applications or Service except to the extent expressly permitted by law.
- Resell, sublicense or commercially exploit the Service without written permission.
- Circumvent user, practitioner, feature or usage restrictions.
- Use automated processes in a manner that unreasonably burdens the Service or breaches published technical restrictions.
8.3 Practice Master may establish reasonable usage limits for storage, processing, communications, AI features, transcription, automated requests and other resource-intensive activities.
8.4 Fair use limits are intended to protect the performance, availability, security and commercial sustainability of the Service for all customers.
8.5 Practice Master may investigate usage that materially exceeds ordinary or disclosed usage expectations or creates an unreasonable burden on the Service.
8.6 Where reasonably practicable, Practice Master will notify the Customer of excessive usage and provide an opportunity to reduce usage, modify its practices or purchase additional capacity.
8.7 Practice Master may impose proportionate technical restrictions or temporarily suspend affected features where reasonably necessary to prevent abuse, material service degradation, unauthorised usage or excessive infrastructure consumption.
8.8 Immediate restrictions may be applied where reasonably necessary to protect security, prevent serious misuse or avoid material disruption to other customers.
8.9 Any separately published fair use policy must be reasonably accessible and consistent with this Agreement. Material adverse changes to paid allowances will be subject to reasonable notice and Applicable Law.
9. Customer Data, Privacy and Security
9.1 As between Practice Master and the Customer, the Customer retains all ownership rights it has in Customer Data.
9.2 The Customer grants Practice Master a limited right to host, store, transmit, process, back up and otherwise handle Customer Data to the extent reasonably necessary to provide, maintain, secure and support the Service and comply with Applicable Law.
9.3 Practice Master will not acquire ownership of patient records or other Customer Data merely because they are stored or processed through the Service.
9.4 Practice Master will implement reasonable technical and organisational security measures appropriate to the nature of the Service and the sensitivity of the information processed.
9.5 Such measures may include access controls, encryption, monitoring, backups, recovery procedures and restrictions on administrative access, as appropriate.
9.6 The Customer acknowledges that no internet-connected system can be guaranteed to be entirely free from security incidents, unauthorised access, data corruption or data loss.
9.7 Practice Master may use reputable third-party infrastructure, hosting, communication, payment and processing providers to deliver the Service, subject to applicable confidentiality, privacy and data protection obligations.
9.8 The Customer is responsible for ensuring it has a lawful basis to collect, enter, store, use and disclose patient information through the Service and for providing notices and obtaining consents where required.
9.9 The Customer remains responsible for its professional, clinical and statutory recordkeeping obligations, including determining the retention periods applicable to patient records.
9.10 Practice Master will process personal information in accordance with Applicable Law, its Privacy Policy and any applicable Data Processing Agreement.
9.11 The primary hosting location for Customer Data will be determined by the hosting region associated with the Customer's account and disclosed during registration or through the Service.
9.12 Practice Master will not represent that all processing occurs exclusively within a particular country unless that representation is accurate for all relevant services and subprocessors.
9.13 Where Customer Data is transferred or made accessible outside its primary hosting jurisdiction, Practice Master will comply with applicable cross-border data protection obligations.
9.14 Practice Master will take reasonable steps to restrict access to Customer Data to personnel and service providers who require access for authorised operational, security, support or legal purposes.
9.15 Practice Master will notify affected Customers of security incidents involving their personal information where and to the extent required by Applicable Law, and will provide reasonable cooperation in responding to such incidents.
9.16 Practice Master will not use identifiable patient information to train general-purpose artificial intelligence models unless separately and lawfully authorised.
9.17 Further details about data processing, subprocessors, international transfers and security arrangements may be provided in the Privacy Policy or an applicable Data Processing Agreement.
10. Clinical Responsibility and AI Features
10.1 Practice Master Pro is an administrative and clinical documentation support platform. It is not a substitute for the professional judgement of a qualified healthcare practitioner.
10.2 The Customer and its practitioners remain responsible for the accuracy, completeness and appropriateness of patient records, diagnoses, treatment decisions, clinical communications and professional services.
10.3 Practice Master does not provide medical advice, diagnose patients or determine appropriate treatment.
10.4 Optional artificial intelligence features may include speech transcription, AI Scribe, automated note generation, clinical summaries, handouts, document generation and diagram annotations.
10.5 AI-generated material may contain inaccuracies, omissions, transcription errors, incorrect interpretations or information that is incomplete or unsuitable for a particular patient.
10.6 AI-generated content must be reviewed and appropriately verified by a qualified practitioner before it is relied upon, finalised as part of a clinical record or provided to a patient.
10.7 The Customer is responsible for ensuring that any recording, transcription or AI processing of consultations is lawful and that appropriate notices, permissions and consents have been obtained.
10.8 Practice Master may use third-party speech recognition and AI processing providers to deliver these features, subject to the applicable privacy and data-processing arrangements.
10.9 AI features may be subject to separate Fees, usage allowances, processing limits or fair use conditions disclosed when the features are purchased or activated.
10.10 Practice Master may temporarily restrict AI features where necessary to prevent misuse, control excessive processing, address supplier restrictions or protect the Service.
10.11 AI-generated content must not be treated as independently verified clinical advice or as a replacement for professional assessment.
10.12 To the extent permitted by Applicable Law, Practice Master is not responsible for clinical decisions or treatment outcomes arising from a practitioner's failure to appropriately review or verify AI-generated material.
10.13 Any additional terms specifically applicable to AI features will be presented to the Customer when those features are activated or purchased.
11. SMS, Email, Payments and Third-Party Services
11.1 The Service may integrate with third-party providers for SMS messaging, email delivery, payment processing, online bookings, authentication and other functionality.
11.2 Certain integrations and services may be subject to separate Fees, usage charges or third-party conditions.
11.3 SMS messages may be charged according to the applicable credit or usage model. Charges, credit consumption rules and any expiry conditions will be disclosed before purchase.
11.4 Practice Master does not guarantee delivery of every SMS message, email or third-party communication, as delivery may depend on external providers, recipient systems, network conditions and other factors outside its reasonable control.
11.5 The Customer is responsible for the accuracy of recipient information and for ensuring that communications sent using the Service comply with Applicable Law.
11.6 Practice Master may modify, replace or discontinue a third-party integration where the relevant provider changes its service, pricing, security requirements or availability.
11.7 Practice Master will use reasonable efforts to provide advance notice where such changes materially affect an included feature.
11.8 Where online payment functionality is provided, the Customer remains responsible for its own transactions with patients, including applicable refunds, taxes, chargebacks and consumer obligations, except to the extent expressly undertaken by Practice Master.
11.9 Practice Master is not responsible for the independent acts or omissions of third-party providers outside its reasonable control, except to the extent that responsibility cannot lawfully be excluded.
12. Service Availability, Maintenance and Support
12.1 Practice Master will use reasonable care and skill in providing and maintaining the Service.
12.2 Practice Master will use commercially reasonable efforts to maintain the availability and functionality of the Service.
12.3 The Customer acknowledges that the Service may occasionally be interrupted or unavailable because of scheduled maintenance, emergency maintenance, software defects, infrastructure failures, cyber incidents, network interruptions or third-party service failures.
12.4 Practice Master does not guarantee continuous, uninterrupted or error-free operation of the Service.
12.5 Practice Master may perform maintenance, upgrades or security work where reasonably necessary.
12.6 Where practicable, Practice Master will provide reasonable advance notice of planned maintenance likely to cause significant disruption.
12.7 Practice Master will use reasonable efforts to investigate and remedy material defects reported by Customers within a reasonable period, taking account of their severity and impact.
12.8 Unless separately agreed in writing, Practice Master does not guarantee specific uptime percentages, incident response times or recovery timeframes.
12.9 Support is provided through the support channels made available by Practice Master from time to time.
12.10 Practice Master may change its support processes or available support channels, provided that reasonable support arrangements remain available for paid subscribers.
12.11 The Customer is responsible for maintaining compatible devices, operating systems, internet connectivity and reasonable local security measures.
12.12 Practice Master may discontinue support for obsolete operating systems or application versions where reasonably necessary for security, compatibility or maintainability, with reasonable notice where practicable.
13. Backups, Data Loss and Business Continuity
13.1 Practice Master may maintain backup, redundancy and disaster recovery procedures designed to reduce the risk and impact of data loss or service interruption.
13.2 Although Practice Master takes reasonable precautions, backups and recovery procedures cannot eliminate every risk of data loss, corruption, unauthorised access or prolonged unavailability.
13.3 Practice Master does not guarantee that every item of data can be restored in every circumstance or that restoration can always be completed within a particular timeframe.
13.4 Where Customer Data is lost or corrupted because of a Service failure, Practice Master will use reasonable efforts to investigate the incident and, where technically feasible, restore affected data from available backups or other recovery sources.
13.5 The Customer is responsible for maintaining appropriate business continuity procedures, including arrangements for accessing essential patient information and continuing critical operations during a Service interruption.
13.6 The Customer is encouraged to use available data export facilities where appropriate to meet its professional, operational and statutory obligations.
13.7 To the maximum extent permitted by Applicable Law, Practice Master excludes liability for indirect or consequential business losses arising from interruption, unavailability, data corruption or data loss, subject to the limitations and exceptions in section 16.
13.8 Nothing in this section removes Practice Master's obligations to exercise reasonable care and skill, comply with applicable privacy and data protection laws or provide remedies that cannot lawfully be excluded.
14. Suspension of Access
14.1 Practice Master may temporarily suspend or restrict access to the Service, or particular users or features, where reasonably necessary because:
- Fees remain unpaid after reasonable notice and an opportunity to remedy the non-payment.
- The Customer or an Authorised User materially breaches this Agreement.
- The Service is used unlawfully, fraudulently or in a manner that threatens security or availability.
- The Customer materially exceeds applicable licence restrictions or fair use limits.
- Continued access presents a serious risk to patient information, other customers or Practice Master's infrastructure.
- Suspension is required by law or a competent authority.
14.2 Except where immediate action is reasonably necessary, Practice Master will provide notice explaining the reason for suspension and a reasonable opportunity to remedy the issue.
14.3 Where practicable and appropriate, Practice Master will restrict only the affected users, features or functionality rather than suspending the entire account.
14.4 Practice Master may immediately restrict access where reasonably necessary to prevent serious security threats, unlawful activity, fraud or material harm to the Service or other customers.
14.5 Practice Master will restore normal access within a reasonable period after the relevant issue has been satisfactorily resolved, provided the Agreement remains in force.
14.6 Suspension does not automatically cancel the Customer's subscription or remove accrued payment obligations.
14.7 Where reasonably practicable, and where it would not create a material security or legal risk, Practice Master will provide a means for the Customer to export existing Customer Data during a suspension.
14.8 Practice Master is not responsible for losses resulting from a lawful and proportionate suspension properly carried out under this Agreement, except to the extent liability cannot lawfully be excluded.
15. Cancellation, Termination and Data Retention
15.1 The Customer may cancel its paid subscription at any time through the Practice Portal or another cancellation method made available by Practice Master.
15.2 Unless otherwise expressly agreed, cancellation takes effect at the end of the current paid Subscription Period.
15.3 The Customer will not be charged for subsequent Subscription Periods after cancellation takes effect.
15.4 Fees already paid for the current Subscription Period are not refundable solely because the Customer cancels before the end of that period, except where required by Applicable Law or expressly agreed.
15.5 Practice Master may terminate this Agreement where the Customer commits a material breach and fails to remedy that breach within 14 days after receiving written notice, where the breach is capable of remedy.
15.6 Practice Master may terminate immediately where continued provision of the Service would be unlawful or where a serious, irremediable breach or security risk makes immediate termination reasonably necessary.
15.7 Upon cancellation or termination taking effect, the Customer's access to normal practice management functionality will cease.
15.8 For a period of 90 days following the effective date of cancellation or termination, Practice Master will retain Customer Data for the purpose of allowing the Customer to request or obtain an available export, subject to Applicable Law and any overriding security or legal restrictions.
15.9 During this 90-day period, the Customer will have data export access only. The Customer will not be entitled to continue creating or modifying patient records, managing appointments, issuing invoices or otherwise operating the Service as an active subscription.
15.10 Data export may be provided through self-service export functionality or through a reasonable request to Practice Master, using the export formats and procedures made available for the Service.
15.11 Practice Master will provide reasonable information about the available export formats and any applicable technical limitations. A data export may not reproduce every aspect of the Service's internal structure, presentation or functionality.
15.12 The Customer is responsible for requesting, downloading, verifying and securely retaining any exported data needed for its legal, professional or business purposes.
15.13 Following expiry of the 90-day retention period, Practice Master may permanently delete Customer Data from active systems in accordance with its deletion procedures, without further notice.
15.14 Residual copies may remain temporarily in backups, logs or other systems where immediate deletion is not technically practicable, or may be retained where required by law. Such copies will remain protected and will be deleted or overwritten in accordance with applicable retention procedures.
15.15 Once Customer Data has been permanently deleted, it may no longer be recoverable.
15.16 Practice Master may retain limited account, billing, transaction, security and legal records for longer periods where reasonably necessary or required by Applicable Law.
15.17 The Customer acknowledges that its professional obligations to retain patient records may continue after cancellation and that it must make appropriate arrangements to preserve required records independently of Practice Master.
15.18 Where immediate access restrictions are required because of serious security, legal or fraudulent activity, Practice Master may provide data exports through a controlled process rather than restoring ordinary account access.
15.19 The 90-day period does not require Practice Master to retain or disclose data where doing so would be unlawful. Any mandatory preservation, access, privacy or deletion obligations prevail over this section.
16. Warranties, Disclaimers and Limitation of Liability
16.1 Non-excludable rights
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, statutory right, remedy or liability that cannot lawfully be excluded, restricted or modified.
16.2 Service warranties
Practice Master will provide the Service with reasonable care and skill and in accordance with obligations imposed by Applicable Law.
Subject to those obligations, Practice Master does not warrant that the Service will be uninterrupted, entirely error-free, immune from security incidents or suitable for every particular business or clinical requirement.
16.3 Exclusion of certain losses
To the maximum extent permitted by Applicable Law, Practice Master excludes liability for indirect or consequential loss, including loss of anticipated profits, revenue, business opportunities, goodwill or anticipated savings, arising out of or in connection with this Agreement or the Service.
This exclusion does not apply where such liability cannot lawfully be excluded.
16.4 Limitation of aggregate liability
Subject to sections 16.1 and 16.6, Practice Master's total aggregate liability arising out of or in connection with this Agreement or the Service, whether in contract, negligence or otherwise, is limited to the total subscription Fees paid or payable by the Customer during the 12 months immediately preceding the event giving rise to the claim.
Where the Customer has subscribed for less than 12 months, the cap will be calculated using the Fees paid or payable during the actual subscription period preceding the event.
16.5 Statutory guarantees
Where Applicable Law permits Practice Master to limit liability for failure to comply with a statutory guarantee, and it is fair and reasonable to do so, Practice Master's liability may be limited, at its option, to:
- Supplying the affected services again; or
- Paying the reasonable cost of having the affected services supplied again.
This limitation applies only to the extent legally permitted.
16.6 Exceptions
The exclusions and limitations in this section do not apply to liability that cannot lawfully be limited, including any liability for fraud or deliberate misconduct where exclusion is prohibited by Applicable Law.
Any further exceptions required for privacy, confidentiality, security incidents, statutory duties or other matters will apply to the extent required by Applicable Law.
16.7 Customer responsibilities
Practice Master is not responsible for loss or damage to the extent caused by the Customer's unlawful conduct, misuse of the Service, failure to maintain reasonable account security, unauthorised modifications, unsupported equipment or other circumstances outside Practice Master's reasonable control.
16.8 Third-party services
Practice Master is not responsible for the independent acts or omissions of third-party providers outside its reasonable control, except where Practice Master remains legally responsible for their conduct or for its own acts or omissions.
16.9 Clinical decisions
Practice Master does not accept responsibility for clinical decisions, diagnoses, treatment or professional advice provided by the Customer or its practitioners, except to the extent responsibility cannot lawfully be excluded.
16.10 Application
The limitations in this section apply to the maximum extent permitted by Applicable Law and must be interpreted so as not to remove any non-excludable rights or remedies.
17. Intellectual Property and Confidentiality
17.1 Practice Master and its licensors retain all intellectual property rights in the Service, Applications, software, designs, documentation, trademarks and underlying technology.
17.2 The Customer retains its rights in Customer Data and any other materials it lawfully owns and provides through the Service.
17.3 Each party must take reasonable steps to protect the other party's confidential information and must not disclose it except where authorised, reasonably necessary to perform this Agreement or required by law.
17.4 Practice Master may disclose confidential information to employees, contractors and service providers who require access for authorised purposes and are subject to appropriate confidentiality obligations.
17.5 Confidentiality obligations do not apply to information that is lawfully public, already known without restriction, independently developed or lawfully obtained from another source.
17.6 Practice Master may use aggregated or properly de-identified operational information to maintain, analyse and improve the Service, provided that such use complies with Applicable Law and does not disclose identifiable patient information or Customer confidential information.
17.7 The Customer must not remove or obscure proprietary notices or use Practice Master's trademarks without permission, except as expressly authorised.
18. Changes to this Agreement
18.1 Practice Master may amend, update or replace this Agreement from time to time to reflect changes in the Service, business operations, pricing arrangements, security requirements, applicable laws or other legitimate business needs.
18.2 Updated versions of this Agreement may be published on the Practice Master website or made available through the Service.
18.3 Minor administrative changes, corrections and clarifications that do not materially disadvantage the Customer may take effect upon publication.
18.4 Where a change materially affects the Customer's rights or obligations, Practice Master will provide at least 30 days' advance notice, unless a shorter period is reasonably necessary for legal compliance, security or other urgent circumstances.
18.5 Where a material change substantially disadvantages the Customer, the Customer may cancel the affected subscription before the change takes effect, without an additional cancellation penalty and with any refund required by applicable law.
18.6 Practice Master may require the Customer to expressly accept an updated Agreement before continuing to use the Service. Any such requirement will be implemented consistently with applicable notice periods, existing contractual rights and legal obligations.
18.7 If the Customer does not accept updated terms, Practice Master may decline to provide further Service under those terms once the applicable notice period has expired, subject to the Customer's cancellation, data export and other statutory rights.
18.8 Continued use of the Service after an updated Agreement has lawfully taken effect may constitute acceptance where permitted by applicable law and where the Customer has received appropriate notice. Express acceptance will be obtained where required.
18.9 No amendment will retrospectively remove accrued rights, remedies or liabilities, or exclude rights that cannot lawfully be excluded.
18.10 Practice Master will maintain records of Agreement versions and may record the date and method of acceptance by Customers or their authorised representatives.
19. General Provisions
19.1 Governing law: Subject to mandatory laws applicable to the Customer, this Agreement is governed by the laws of Queensland, Australia.
19.2 Jurisdiction: Subject to any mandatory rights to bring proceedings elsewhere, the parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
19.3 Entire agreement: This Agreement, together with incorporated documents and accepted subscription details, constitutes the agreement between the parties concerning the Service and supersedes previous agreements relating to the same Service, subject to accrued rights and any expressly preserved arrangements.
19.4 Severability: If any provision is invalid or unenforceable, it will be severed or limited to the extent legally permissible without affecting the remaining provisions.
19.5 No waiver: Failure or delay in enforcing a right does not constitute a waiver of that right.
19.6 Assignment: The Customer may not transfer this Agreement without Practice Master's prior written consent, which will not be unreasonably withheld. Practice Master may assign the Agreement in connection with a genuine business restructure, merger or sale, provided the assignment does not materially diminish the Customer's contractual protections and complies with Applicable Law.
19.7 Force majeure: Neither party is liable for failure or delay caused by circumstances beyond its reasonable control, except for payment obligations already due and obligations that cannot lawfully be excluded. The affected party must take reasonable steps to minimise the impact.
19.8 Notices: Practice Master may send contractual and service notices to the email address associated with the Customer's account. The Customer is responsible for keeping that address current.
19.9 Electronic communications: The parties agree that this Agreement, notices and related transactions may be conducted electronically to the extent permitted by Applicable Law.
19.10 Relationship: Nothing in this Agreement creates a partnership, employment, agency or joint venture between the parties.
19.11 Survival: Provisions concerning accrued payments, Customer Data, confidentiality, intellectual property, liability, dispute resolution and other provisions intended to survive termination will continue to apply as necessary.
19.12 Contact: Questions concerning this Agreement may be directed to support@practicemaster.com.au or another contact address published by Practice Master.
Practice Master Pty Ltd
ACN 158 422 032
Queensland, Australia
Website: https://practicemaster.com.au
Email: support@practicemaster.com.au
END OF AGREEMENT