Version: 2026-07-10
Effective Date: These Terms are effective from the date you first access the platform.
These Terms of Service ("Terms") constitute a legally binding agreement between Risk 2 Solution Pty Ltd (ABN 91 128 669 554) ("we", "us", "our", "the Company") and the organisation accessing or using the Presilience360 platform ("Client", "you", "your").
By registering for, accessing, or using Presilience360 (available at presilience360.com), you confirm that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation.
These Terms are effective from the date you first access the platform.
Presilience360 is a business-to-business Software-as-a-Service (SaaS) platform that provides integrated risk management tools, including emergency management planning, compliance auditing, exercises management, and related services (collectively, "Services").
Services are made available on a subscription basis and are intended solely for use by registered business clients, schools, and organisations. The platform is not intended for use by individual consumers.
You must be an authorised representative of a business, school, or organisation to register for an account. By registering, you warrant that you have the authority to enter into these Terms on behalf of your organisation.
To access the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.
You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account or any other breach of security.
The Service is offered on an annual subscription basis. Fees are structured as follows: (a) an annual platform fee based on organisation size; (b) per-site activation fees; and (c) per-site pillar fees for each module activated. Current pricing is available at www.presilience360.com.
All fees are payable in Australian dollars (AUD) and are due in the amounts and at the times set out in the applicable Order Form or online checkout process. Unless otherwise stated in the Order Form, subscription fees are billed annually in advance.
Fees paid are non-refundable except: (a) as expressly stated in these Terms; (b) where required by law; or (c) where the Client terminates under Clause 13.3A for Presilience360's uncured material breach.
Presilience360 may change its fees by giving the Client at least 30 days' written notice before the change takes effect.
Any change to recurring subscription fees will apply from the start of the next renewal term, and will not apply during the Client's current prepaid subscription term, unless: (a) the Client purchases additional users, sites, modules, services, or functionality; (b) the parties otherwise agree in writing; or (c) the change is required by law, a government charge, or a third-party supplier cost that directly affects the Service.
If the Client does not agree to a fee increase applying at renewal, the Client may elect not to renew the subscription by giving written notice before the renewal date.
All fees are exclusive of GST. Where GST applies, it will be added to your invoice at the applicable rate.
The Service, including all software, content, features, and functionality, is owned by Risk 2 Solution Pty Ltd and is protected by Australian and international intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or trade names.
The Client retains all right, title, and interest in and to all data, documents, records, materials, and other content uploaded to, stored on, submitted to, or processed through the Service by or on behalf of the Client, including any personal information contained in that material (Client Data).
The Client grants Presilience360 a non-exclusive, worldwide, royalty-free licence during the Term to host, copy, transmit, process, back up, and otherwise use the Client Data solely to the extent reasonably necessary to: (a) provide, maintain, support, and secure the Service; (b) comply with law; (c) prevent fraud, security incidents, or misuse of the Service; and (d) enforce these Terms.
Presilience360 does not acquire ownership of Client Data under these Terms.
The Client is responsible for the accuracy, quality, legality, and means by which it obtained the Client Data, and for ensuring it has all rights, consents, and notices necessary for Presilience360 to process the Client Data in accordance with these Terms.
You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to gain unauthorised access to any part of the Service; (c) transmit any malicious code or interfere with the Service's operation; (d) resell or sublicence the Service without our prior written consent; or (e) use the Service in a manner that violates any applicable law or regulation.
Each party must comply with all privacy and data protection laws applicable to it in connection with these Terms, including the Privacy Act 1988 (Cth) and, where applicable, the Australian Privacy Principles.
Presilience360 will maintain reasonable technical, administrative, and organisational measures designed to protect Client Data against unauthorised access, use, disclosure, alteration, or destruction.
If Presilience360 becomes aware of a confirmed unauthorised access to, disclosure of, or loss of Client Data held by Presilience360 that is likely to materially affect the Client, Presilience360 will notify the Client without undue delay and provide information reasonably available to it about the nature of the incident and the steps being taken to contain and remediate it.
The Client acknowledges that Presilience360 may use related bodies corporate and third-party service providers, including hosting, support, analytics, and infrastructure providers, to assist in providing the Service. Presilience360 remains responsible for the performance of its obligations under these Terms to the extent they are performed by those providers.
Presilience360 collects, uses, and discloses personal information in accordance with its Privacy Policy, as updated from time to time, provided that no update to the Privacy Policy will materially reduce the level of protection afforded to personal information collected in connection with the Service during a current subscription term, except where required by law.
Each party (Receiving Party) must keep confidential and must not disclose to any person any Confidential Information of the other party (Disclosing Party), except as permitted by these Terms.
For the purposes of these Terms, Confidential Information means any non-public information disclosed by or on behalf of a party that is designated as confidential or that a reasonable person would understand to be confidential, having regard to the nature of the information and the circumstances of disclosure, including Client Data, security information, pricing, product roadmaps, business processes, and technical information.
The Receiving Party may use the Disclosing Party's Confidential Information only to perform or exercise its rights and obligations under these Terms.
The obligations in this Clause 9 do not apply to information that the Receiving Party can prove: (a) is or becomes public through no fault of the Receiving Party; (b) was lawfully known to the Receiving Party before disclosure; (c) is lawfully received from a third party without restriction; or (d) is independently developed without use of the Disclosing Party's Confidential Information.
The Receiving Party may disclose Confidential Information: (e) to its officers, employees, contractors, professional advisers, insurers, and related bodies corporate who have a need to know for the purposes of these Terms and who are bound by obligations of confidence; or (f) where required by law, a court, or a regulator, provided that, where legally permitted, the Receiving Party first gives the Disclosing Party reasonable notice.
Each party must take reasonable steps to protect the other party's Confidential Information from unauthorised use, access, or disclosure.
The obligations in this Clause 9 survive for 5 years after termination of these Terms, except in respect of trade secrets and Client Data, for which the obligations survive for so long as the information remains confidential.
We warrant that: (a) the Service will perform materially as described in our documentation; and (b) we will not knowingly introduce malicious code into the Service.
Except as expressly set out in these Terms, and subject to any rights that cannot be excluded, restricted, or modified under applicable law, the Service is provided on an "as is" and "as available" basis.
Presilience360 does not warrant that the Service will be uninterrupted, error-free, or fit for every particular purpose of the Client, or that all defects will be corrected. The Client acknowledges that the Service is intended to assist with emergency management, resilience, and compliance activities, but does not replace the Client's own judgement, policies, training, operational controls, or legal and regulatory obligations.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory guarantee, or other right or remedy that cannot lawfully be excluded, restricted, or modified.
Where a law implies a condition, warranty, or guarantee into these Terms and that law permits Presilience360 to limit its liability for breach of that condition, warranty, or guarantee, Presilience360's liability is limited, at its option, to: (a) supplying the services again; or (b) paying the cost of having the services supplied again.
To the maximum extent permitted by law, neither party is liable to the other for any loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of anticipated savings, or any indirect, consequential, special, exemplary, or punitive loss arising out of or in connection with these Terms, whether in contract, tort (including negligence), under statute, or otherwise.
To the maximum extent permitted by law, Presilience360's aggregate liability to the Client arising out of or in connection with these Terms, whether in contract, tort (including negligence), under statute, or otherwise, will not exceed the total fees paid or payable by the Client to Presilience360 under these Terms in the 12 months immediately preceding the event giving rise to the claim.
Clause 11.2 does not apply to: (a) liability that cannot be limited or excluded by law; (b) the Client's obligation to pay fees properly due and payable under these Terms; or (c) either party's liability for fraud, wilful misconduct, or unlawful misuse of the other party's Confidential Information or intellectual property rights.
The parties acknowledge that the fees payable under these Terms reflect the allocation of risk in this Clause 11.
The Client indemnifies Presilience360 and its officers, employees, and agents against any direct loss, liability, damage, cost, or expense reasonably incurred by them in connection with any third-party claim arising from: (a) the Client's unlawful use of the Service; (b) the Client's breach of applicable law in connection with its use of the Service; or (c) any allegation that the Client Data infringes the intellectual property rights or other rights of a third party, except to the extent the claim was caused or contributed to by Presilience360's breach of these Terms, negligence, wilful misconduct, or unlawful act or omission.
Presilience360 must: (d) notify the Client promptly after becoming aware of the claim; (e) take reasonable steps to mitigate its loss; and (f) give the Client reasonable control over the defence and settlement of the claim, except that the Client must not settle any claim in a way that admits fault or imposes any obligation on Presilience360 without Presilience360's prior written consent, not to be unreasonably withheld.
This Clause 12 is subject to Clause 11, except to the extent liability cannot lawfully be limited.
These Terms commence on the date the Client first accesses or uses the Service, or the date specified in the applicable Order Form, whichever occurs first, and continue for the subscription term stated in the Order Form. If no subscription term is stated, the initial term is 12 months.
Unless otherwise stated in the Order Form, each subscription automatically renews for successive 12 month renewal terms unless either party gives at least 30 days' written notice before the end of the current term.
The Client may elect not to renew the subscription by giving notice in accordance with Clause 13.1.
If the Client terminates the subscription for convenience before the end of the current subscription term, the termination will take effect at the end of that current subscription term, and fees already paid are not refundable, except as required by law or expressly provided in these Terms.
Either party may terminate these Terms immediately by written notice if the other party: (a) commits a material breach of these Terms that is not capable of remedy; or (b) commits a material breach of these Terms that is capable of remedy and fails to remedy that breach within 14 days after receiving written notice requiring it to do so; or (c) becomes insolvent, enters external administration, or ceases to carry on business.
13.3A Termination by Client for Presilience360 Breach
If Presilience360 materially breaches these Terms and does not remedy that breach within the period stated in Clause 13.3(b), the Client may terminate these Terms immediately by written notice.
Where the Client validly terminates under this Clause 13.3A, Presilience360 will refund any prepaid fees for the unused portion of the terminated subscription term on a pro rata basis.
13.3B Suspension
Presilience360 may suspend the Client's access to the Service to the extent reasonably necessary if: (a) the Client's use of the Service poses a material security risk; (b) the Client is using the Service unlawfully; (c) suspension is required by law; or (d) the Client fails to pay undisputed fees within 7 days after receiving written notice that the fees are overdue.
Where reasonably practicable, Presilience360 will give prior notice of the suspension and will restore access promptly once the reason for suspension has been resolved.
On termination or expiry of these Terms: (a) the Client's right to access and use the Service ceases, except to the extent necessary to access and export Client Data during the data export period; (b) each party must cease using the other party's Confidential Information, except as required by law; (c) accrued rights and remedies are not affected; and (d) any provisions that by their nature are intended to survive termination continue in effect.
Presilience360 will make Client Data available for export for 30 days after termination or expiry. After that period, Presilience360 may delete the Client Data unless required by law to retain it.
These Terms are governed by the laws of Queensland, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, subject to the dispute resolution process in Clause 15.7.
These Terms, together with our Privacy Policy and any applicable Order Form, constitute the entire agreement between you and us regarding the Service.
Presilience360 may amend these Terms from time to time by giving the Client written notice.
Any amendment that is required by law, relates to security, prevents misuse of the Service, corrects a manifest error, or is unlikely to be materially adverse to the Client may take effect on the date stated in the notice.
Any other amendment that is materially adverse to the Client will take effect from the start of the next renewal term, unless the parties agree otherwise in writing.
If the Client does not agree to a materially adverse amendment notified during a current subscription term, the Client may elect not to renew the subscription by giving written notice before the next renewal date.
If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
If there is any inconsistency between these Terms, an applicable Order Form, and the Privacy Policy, the order of precedence is: (a) the Order Form; (b) these Terms; and (c) the Privacy Policy, to the extent of the inconsistency.
Neither party is liable for delay or failure to perform its obligations under these Terms to the extent caused by an event beyond its reasonable control, including natural disasters, acts of government, industrial disputes, failure of telecommunications networks, widespread internet outage, cyber incident not caused by that party's failure to maintain reasonable security measures, or interruption to utilities or hosting infrastructure.
The affected party must: (a) notify the other party as soon as reasonably practicable; and (b) use reasonable efforts to minimise the effect of the event.
If a force majeure event continues for more than 30 days and substantially prevents the Service from being provided or used, either party may terminate the affected Service by written notice.
The Client must not assign, novate, transfer, or otherwise deal with its rights or obligations under these Terms without Presilience360's prior written consent, not to be unreasonably withheld or delayed.
Presilience360 may assign or novate these Terms to a related body corporate or in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of its business relating to the Service, provided that the assignee is reasonably capable of performing Presilience360's obligations under these Terms.
Before starting court proceedings in connection with a dispute arising under these Terms, a party must first give the other party written notice of the dispute setting out the nature of the dispute and the outcome sought.
Within 10 business days after that notice, senior representatives of each party must meet, whether in person or by audio or video conference, and attempt in good faith to resolve the dispute.
If the dispute is not resolved within 20 business days after the dispute notice is given, either party may commence court proceedings.
Nothing in this Clause 15.7 prevents a party from seeking urgent interlocutory or equitable relief.
If you have any questions about these Terms, please contact us at:
Risk 2 Solution Pty Ltd
PO Box 1009, Cleveland QLD 4163, Australia
Phone: 1300 560 295
Email: info@risk2solution.com
Website: www.presilience360.com