WEBSITE TERMS & CONDITIONS OF USE

About the Website

1. Welcome to www.xcursionplanner.com (Website). The Website allows you to access and use the Xcursion Planner (Services).
2. The Website is operated by Xcursion Pty Ltd, ACN/ABN 42607149299 . Access to and use of the Website, or any of its associated products or Services, is provided by Xcursion Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
3. Xcursion Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Xcursion Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. All updates will be notifed to users within 28 days via email. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms
You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
About the Service

1. Xcursion Planner is a Risk Assessment Tool to facilitate user-driven analysis of risks; and offers APIs for integrating data and generating safety insights based upon the user's inputs. Given the fact that each users needs are different the risk assessment tool strictly does not provide any specific risk evaluations or advice.
2. Xcursion Planner is a Risk Assessment Tool to facilitate user-driven analysis of risks; and offers APIs for integrating data and generating safety insights based upon the user's inputs. Given the fact that each users needs are different the risk assessment tool strictly does not provide any specific risk evaluations or advice.
3. The Xcursion Safety Risk Assessment Software is designed to assist users in identifying and managing risks associated with school trips by providing structured guidance. While the software offers insights, risk management strategies, and alerts to support decision-making, it does not replace professional judgment, legal obligations, or organizational policies.
4. Users remain fully responsible for conducting their own risk assessments, making informed decisions, and implementing appropriate risk controls based on their specific circumstances. Any alerts or recommendations generated by the software should be considered as guidance only and should not be solely relied upon for determining risk levels or safety measures.
5. The software includes weather alerts to help users anticipate and respond to potential environmental risks. These alerts are based on available data and predefined thresholds but should be interpreted in conjunction with real-time conditions and professional judgment. Users must ensure staff have the training and capabilities to verify weather alerts and conditions through local official sources and ensure that appropriate contingency plans are in place before proceeding with any activities.
6. By using this software, users acknowledge that they have a fundamental understanding of risk management principles and accept full responsibility for the outcomes of their decisions. Xcursion Safety does not accept liability for any incidents, losses, or damages resulting from reliance on the software’s outputs. It is the user’s duty to ensure that all necessary precautions, risk control measures, and due diligence are applied in line with industry best practices and regulatory requirements in the relevant jurisdictions.
7. For further clarification or support, users should seek expert advice or refer to relevant risk management guidelines for school trips.
8. Demo, Limited and Full Service accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
9. Some accounts may be governed by a separate Software Licensing Agreement with Xcursion Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
   
10. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Xcursion Pty Ltd is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Acceptable use of the Service

1. Xcursion Planner, its related features, and website must only be used lawfully. Xcursion Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
   1. To engage in any act that would disrupt the access, availability, and security of Xcursion Planner and other Xcursion Pty Ltd services, including but not limited to:
      1. Tampering with, reverse-engineering, or hacking our servers.
      2. Modifying, disabling, or compromising the performance Xcursion Planner or other Xcursion Pty Ltd services.
      3. Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
      4. Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Xcursion Pty Ltd.
2. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
3. To stalk, harass or threaten users and any member of the public.
4. To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Xcursion Pty Ltd or any third party
5. To access or search any part of the Service, or any other Service owned by Xcursion Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
6. To post, upload, share, or otherwise circulate content in violation of Xcursion Planner’s content policy
7. To use the Service in any way that violates the intellectual property rights of Xcursion Pty Ltd or any third party, including but not limited to copying, modifying, or distributing any content without proper authorization.

Security and Data PrivacyXcursion Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Xcursion Pty Ltd’s Privacy Policy, which is available on the

Website. The Privacy Policy also addresses Xcursion Pty Ltd’s processes, policies, and obligations in respect of Xcursion Planner security breaches.

Xcursion Pty Ltd implements industry-standard security measures to protect your data, including encryption, regular security audits, and restricted access controls. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
The User is responsible for ensuring that data used with APIs complies with applicable privacy and confidentiality laws.
Data UseXcursion Pty Ltd collects, stores, and processes your data on Xcursion Planner. The data is used to provide Services to you, as well as to facilitate Xcursion Pty Ltd’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Xcursion Pty Ltd.

The Privacy Policy also addresses Xcursion Pty Ltd's processes, policies, and obligations in respect of data encryption and removal requests.
Subscription to use the Service

1. In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a member (‘Member’).
2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3. Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).
4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to Company Name, User Name, Email Address, Company Details Including Address & Contact details. Individual user name, job title and email address.
5. You warrant that any information you give to Xcursion Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
6. The provisioning of accounts to connect to any database to connect exisiting client data is the responsibilities of the user. Xcursion has provided the means through which these connections can be made, however, each account level user is responsible for the connection and monitoring of this connection.
7. Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).
8. You may not use the Services and may not accept the Terms if:
9. you are not of legal age to form a binding contract with Xcursion Pty Ltd; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services
(i) Subscription Fees are subject to change at Xcursion Pty Ltd's discretion. Any changes to Subscription Fees will be notified to you at least 30 days before the change takes effect. If you do not agree with the changes, you may cancel your Subscription before the new fees come into effect.

Payments

1. Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.
2. Payments made in the course of your use of Xcursion Planner may be made using third- party applications and services not owned, operated, or otherwise controlled by Xcursion Pty Ltd. You acknowledge and agree that Xcursion Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Xcursion Planner services.
3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
4. You agree and acknowledge that Xcursion Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

Refund Policy

1. Xcursion Pty Ltd offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumer's rights under the Australian Consumer Law.
2. Xcursion Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Xcursion Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Client (Refund).

Copyright and Intellectual Property

1. The Website, the Services and all of the related products of Xcursion Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Xcursion Pty Ltd or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by Xcursion Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
   1. use the Website pursuant to the Terms;
   2. copy and store the Website and the material contained in the Website in your device's cache memory; and
   3. print pages from the Website for your own personal and non-commercial use.
3. Xcursion Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Xcursion Pty Ltd.
4. Xcursion Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
   1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
   2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
   3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
5. You may not, without the prior written permission of Xcursion Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
6. You agree to indemnify, defend, and hold harmless Xcursion Pty Ltd, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and
   
   

against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Account.
General Disclaimer

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
   2. Xcursion Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
   3. Users are responsible for all data entered into the Risk Assessment Tool and the accuracy and application of assessments. APIs provide data access to inform decisions but do not guarantee outcomes or provide specific safety advice.
   4. APIs: Application programming interfaces are used for enabling data integration for decision-making but their use does not provide any guarantee of outcomes or advise on specific actions.
   5. API sourced data provided by 3rd parties is integrated with Xcursion Planner to facilitate streamlined data access from those 3rd parties and their integration is designed to inform decision-making processes being made by a person or persons with the requisite training in risk assessment and risk management.
      1. Users acknowledge: That APIs are provided “as-is,” without warranty for continuous availability or accuracy.
      2. Xcursion Pty Ltd assumes no responsibility for the outcomes of decisions informed by data accessed through APIs.
      3. It is the sole responsiblity of the user to ensure that any API data from sourced from school databases is accurate and upto date prior to using the software.
      4. Whilst Xcursion Pty Ltd makes every effort to ensure all API connection are live and synced, Xcursion Pty Ltd is not responsible for the accruacy of the data from any APIs and the data sources to which they're connected.
3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Xcursion Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Xcursion Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
   3. costs incurred as a result of you using the Website, the Services or any of the products of Xcursion Pty Ltd; and
   4. the Services or operation in respect to links which are provided for your convenience.
   5. the software does not constitute safety or professional advice.
   6. users are solely responsible for verifying the appropriateness of any decisions or actions taken when using the software.
4. Risk Assessment Tool: Users acknowledge that the Risk Assessment Tool is a framework and workflow to support their analysis of risks.
   1. Users acknowledge that risk assessment and the management of risk is a specialist area and that training in risk assessment and the management of risk is a the users responsibility and not Xcursion Pty Ltd.
   2. Xcursion Pty Ltd does not verify or validate risk assessments created using the tool and is not be responsible for the accuracy, completeness, or applicability of any risk assessment.
   3. Xcursion recommends that all users are properly training in risk assessment and risk management specific to the context in which they're being used before the use of this software.

Limitation of Liability

1. Xcursion Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that Xcursion Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Xcursion Pty Ltd as set out below.
2. If you want to terminate the Terms, you may do so by:
   1. not renewing the Subscription prior to the end of the Subscription Period;
   2. providing Xcursion Pty Ltd with 28 days’ notice of your intention to terminate; and
   3. closing your accounts for all of the services which you use, where Xcursion Pty Ltd has made this option available to you.
3. Any notices pursuant to Clause 13.2 above should be sent, in writing, to Xcursion Pty Ltd via the 'Contact Us' link on our homepage.
4. Xcursion Pty Ltd may at any time, terminate the Terms with you if:
   1. you do not renew the Subscription at the end of the Subscription Period;
   2. you have breached any provision of the Terms or intend to breach any provision;
   3. Xcursion Pty Ltd is required to do so by law;
   4. the provision of the Services to you by Xcursion Pty Ltd is, in the opinion of Xcursion Pty Ltd, no longer commercially viable.
5. Subject to local applicable laws, Xcursion Pty Ltd reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Xcursion Pty Ltd's name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify Xcursion Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. any breach of the Terms.
4. Decisions or actions taken based on the software’s tools or outputs.
5. Misuse or misinterpretation of data or risk assessments.

Dispute ResolutionCompulsoryIf a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
NoticeA party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
ResolutionOn receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Xcursion Pty Ltd;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Sydney, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and JurisdictionThe Services offered by Xcursion Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.

Governing LawThe Terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

​Terms of Service Updated - 1st May 2025