Parties and Definitions
"Excelar" refers to the proprietary learning platform owned and operated by Excelar Pty Ltd.
"School" or "Customer" means the educational institution that has contracted with Excelar for use of the Platform. The School is solely responsible for ensuring that any sensitive information (including learning diagnoses and adjustments) entered into the Platform has been lawfully collected with all required parental/guardian consents.
The School is responsible for ensuring compliance with these Terms by its staff and students.
"User" includes authorised teachers, school administrators, and students using the Platform under the School’s licence.
"Parents" do not engage with the Platform and have no rights under these Terms.
User Access and Responsibilities
Access to the Platform is granted solely to authorised Users under the School’s licence.
Users must:
- Use the Platform only for lawful educational purposes;
- Maintain the confidentiality of login credentials;
- Notify their School or Excelar immediately if account security is compromised;
- Ensure that content generated within the Platform is not disclosed, shared, or redistributed to unauthorised individuals.
Students engage indirectly with the Platform only through lesson activities generated for them.
Direct use of the Platform by students is limited and subject to School supervision.
Users may not share platform outputs (including screenshots, text, or reports) with external parties—including parents, unauthorised staff, or other schools—without express written consent from the School and Excelar.
Platform Features and Customisation
Schools may tailor permitted elements within the Platform, such as interface settings or lesson plan options.
Core pedagogical structures, reporting tools, and feedback frameworks are standardised and must not be altered, reverse-engineered, or repurposed.
All customisations must remain within the parameters defined by Excelar.
Schools may not extract, modify, or adapt Excelar-generated content for use outside the Platform.
Data Use and Privacy
Use of the Platform is also governed by Excelar’s Privacy Policy, which is incorporated into these Terms by reference.
Teachers and administrators may export student data solely into school-controlled reporting systems.
Exports require prior written authorisation from the School and Excelar.
Users are prohibited from:
- Distributing Excelar content outside the Platform;
- Sharing data with other institutions, staff members, or unauthorised parties;
- Taking screenshots or excerpts of learner data or feedback and sending them externally, unless explicitly authorised by Excelar and the School in writing.
Data Hosting and International Transfers. The Platform is hosted on Amazon Web Services (AWS). While Excelar uses reasonable efforts to store Customer Data within Australia, the School acknowledges that AWS may process or back up data in other jurisdictions. The School is solely responsible for informing parents and/or guardians that such transfers may occur. Excelar ensures that AWS maintains internationally recognised safeguards for the protection of Customer Data, including ISO 27001 certification, SOC 2 compliance, and Standard Contractual Clauses.
Sensitive information entered into the Platform, including but not limited to learning diagnoses and associated adjustments, is provided solely by the School. Excelar does not create, alter, or verify such information and accepts no responsibility for its accuracy or completeness.
Intellectual Property
All content, logic, algorithms, and outputs provided by Excelar—including templates, learner profiles, summaries, and reports—are the exclusive intellectual property of Excelar Pty Ltd.
Users and Schools may not:
- Copy, republish, or share Excelar-generated content externally;
- Reproduce Excelar materials or outputs in other systems or software;
- Use Platform materials to build competing tools or derivative products.
Authorised use is limited to internal educational purposes only.
Service Availability
Excelar will use reasonable efforts to provide continuous availability of the Platform, but does not guarantee uninterrupted or error-free service.
Maintenance windows or service interruptions may occur, and Excelar shall not be liable for downtime or loss of access.
Acceptable Use
Users must not:
- Interfere with the integrity, security, or performance of the Platform;
- Use the Platform for unauthorised data mining, scraping, or analysis;
- Upload inappropriate, offensive, or unlawful material.
Breaches may result in suspension or termination of access, and may be reported to the School.
Indemnity
The School agrees to indemnify and hold harmless Excelar Pty Ltd, its officers, employees, and agents from and against all claims,
losses, damages, liabilities, expenses, or costs (including legal fees) arising from:
- Breach of these Terms by the School or its Users;
- Misuse of the Platform by staff or students;
- Any unauthorised sharing, disclosure, or reproduction of Platform content or data;
- Violation of Excelar’s intellectual property rights;
- Negligence, wilful misconduct, or unlawful acts by the School or its Users.
Liability and Disclaimers
The Platform is provided "as is" and "as available" without warranty.
Excelar does not guarantee the Platform will meet all requirements of the School.
To the maximum extent permitted by law, Excelar’s aggregate liability for all claims is limited to the greater of:
(i) the total fees paid by the School to Excelar in the 3 months preceding the claim; or
(ii) AUD $5,000.
Excelar disclaims all liability for indirect, incidental, or consequential loss.
Termination
Excelar may suspend or terminate access immediately in the event of a breach of these Terms or to protect the integrity of the Platform.
Schools may terminate access by written request, subject to the terms of their service agreement.
Dispute Resolution
Complaints will first be addressed internally by Excelar’s Privacy Officer or designated contact.
If unresolved, the matter may be referred to independent mediation.
If mediation does not resolve the issue, disputes shall be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia.
Changes to Terms
Excelar may update these Terms from time to time. Material changes will be notified to contracted Schools in advance.
Continued use of the Platform following notice constitutes acceptance of updated Terms.
Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Contact
For legal, technical, or administrative enquiries, contact: support@excelar.com.au
Excelar and the Excelar logo are trademarks of Excelar Pty Ltd.
