This Terms and Conditions document (these Terms) applies to enrolment and participation in the CEO Selection Program (the Program) provided by ACN 636 044 374 Pty Ltd trading as CEO Succession (we/us/our) and the person to whom (in a particular case) these Terms apply (you/your).

1. Definitions and interpretation 

1.1 in these Terms, except where the context otherwise indicates:

Account means the user account established by us on your behalf as part of your enrolment in a Program or for providing other associated services to you;

Chatham House Rule means the rule so named and described in paragraph 3.1;

Code of Conduct means our Code of Conduct published on our Website as updated or amended from time to time;

Cohort means, in relation to the Program in which you are enrolled, the other Participants enrolled in that Program;

Commencement Date means the date on which the first Module in a Program is presented or when a Participant receives access to the Materials, whichever is earlier;

Face-to-face means that the Program is delivered in person, either at a physical venue or by online meeting technology (such as Zoom, Microsoft Teams, Google Meet or WhatsApp) or partly in one way and partly in the other;

General Terms means the General Terms of Use of our Website as updated or amended from time to time;

Intellectual Property Rights means, with respect to a Program, the Materials and the Program Software, statutory, proprietary and all other rights throughout the world in respect of copyright, trademarks, confidential information, patents, designs and all other rights of a like nature, including renewals and extensions;

Materials means, in respect of a Program, information, documents, data, or other materials or products we make available in any tangible or intangible form to Participants as part of or in connection with the Program;

Module means a chapter or unit of knowledge or instruction, structured around a particular theme (typically, a Program comprises 6 modules);

our Website means our website (located at www.ceosuccession.com.au) as updated or amended from time to time;

Participant means an individual enrolled in a Program and means you;

Privacy Policy means our Privacy Policy published on our Website as updated or amended from time to time;

Program Software means software (such as Zoom, Microsoft Teams, WhatsApp, email, learning management systems and other such software) used to deliver the Program and to communicate with Participants, our facilitators and Speakers;

Speaker means an individual invited by us to speak at or participate in a Program because of their expertise or interest in a subject presented in the Program;

these Terms means these Enrolment Terms and Conditions as updated or amended from time to time by posting on our Website:

this Contract means the contract referred to in paragraph 2.1;

a word indicating a person includes a body corporate (wherever incorporated), a partnership, an association, a governmental body or agency, and an entity of any other kind;

the word and phrase “including” and “such as” are not words or phrases of limitation;

the singular includes the plural and vice versa; and

a word indicating a gender includes any gender.

1.2 in these Terms, headings are to be ignored in interpretation.

2. This Contract and enrolment in the Program

2.1 A enrolment application to us in relation to a Program, is a contract between ACN 636 044 374 Pty Ltd trading as CEO Succession and yourself relating to the Program for which you have applied, constituted by your enrolment application, and these Terms, the General Terms and the Privacy Policy (as in force at the time of your enrolment application) (this Contract).

2.2 By making an application to enrol in a Program, you represent and warrant to us that:

(a) all the information you have provided in or in connection with your enrolment application is accurate, true and correct and not misleading in any way;

(b) you are a natural person at least 18 years of age, and your personal and work circumstances will (otherwise than for unforeseen emergencies) permit you to attend, fully participate in each Module and complete the Program;

(c) you have a valid e-mail account and appropriate software security, and

(d) if you are enrolling in the Program as an employee or otherwise with the permission or approval of an employer or other third party, that person has read and understands these Terms, and approves your enrolment in accordance with these Terms.

2.3 We may decline your enrolment application if you do not meet the Program eligibility criteria, if the Program is fully enrolled, or if we decide that the Program requires a different balance of Participants, including a differently balanced Cohort from other industries or sectors.  We are under no obligation to provide a reason for or to justify our declining your enrolment in a Program.

3. Your obligations as Participant

3.1 The Chatham House Rule applies to participation in each Program to allow for immersive learning, and to create a trust-based environment for understanding and resolving complex problems.  The Rule is as follows:

When a meeting (in any format, including online), or part of a meeting, is stated by the presider of the meeting to be under the Chatham House Rule, those participating in or attending the meeting are free to use the information given or disclosed by a person speaking, but neither the identity nor any affiliation or connection of the speaker with any other person or organisation which would enable the speaker to be identified, may be revealed by any hearer at any future time.
(at https://www.chathamhouse.org/about-us/chatham-house-rule).

3.2 By enrolling in a Program, you undertake:

(a) to be punctual and prepared for participation in all Modules;

(b) in your participation in the Program, to comply with the Chatham House Rule;

(c) to comply with the Code of Conduct and any other rules of conduct prescribed by us before commencement of or during the course of the Program;

(d) to conduct yourself in a professional manner and with high standards of behaviour, and to behave courteously and considerately to all other Participants, the facilitator of the Program and any Speaker;

(e) to support the goals and values of ACN 636 044 374 Pty Ltd trading as CEO Succession as published in our Website;

(f) at no time (either before the Commencement Date or during and after completion of the Program), and whether in print, in social or electronic media or otherwise, to denigrate 100 Percent Partners or CEO Succession, its facilitators or staff, or Speakers or Participants, or to bring them into disrepute.

4. Program fees

4.1 On acceptance of your enrolment, we will provide by email you with a tax invoice for the Program fees.

4.2 You must pay the tax invoice in full not later than 7 days after the date of the tax invoice.  (Please note that banks or financial institutions can take several days to process payments.)

4.3 We must receive payment of the tax invoice in full before we provide to you the Materials and Program access.

4.4 If we have not received payment of the tax invoice in full within the required time, then we may cancel your enrolment.  If so, we will use reasonable efforts promptly to notify you of the cancellation, and we will refund to you any amounts received by us either before or after the time of cancellation.

4.5 If you cancel your enrolment at least 30 days before the Program’s Commencement Date, you will be entitled to a full refund of the Program fee.

4.6 If you cancel your enrolment later than 30 days before the Program’s Commencement Date, we are not required to make a refund of any part of the Program fee.  However, you may request to transfer your enrolment to another Program, and we will consider your request and use reasonable efforts (but we are not obliged) to agree to it, which will depend on the considerations noted in paragraph 2.3 above.

4.7 Program fees will not be remitted in whole or part if you are absent from the Program or any Module, even if your absence is due to illness, family emergency or any other personal or pressing necessity.

5. Program delivery

5.1 The Program will be delivered face-to-face at the venue or venues notified to you on acceptance of your enrolment.  A Module provided at a specified venue will not be transmitted to you online if you are unable to attend at the venue.

5.2 If we present a Module in an online format, you must attend with your device’s camera turned on showing you full-face (that is, not in profile, or with the camera setting on black or with no video).  This is to facilitate active engagement with the Speaker and other Participants in your Cohort, and is an essential requirement of the Program.  If you attend a video call with your camera turned off, or without your face being visible to the other Participants and the Speaker, then we may remove you from participation and from the Program or the relevant Module, and, in that event, there will be no refund of fees for the Program or the Module.

5.3 We are not liable to you for the failure to perform any of our obligations under this Contract where such failure is caused by the occurrence of any event or contingency beyond our reasonable control, including the Program venue being unavailable, the withdrawal or non-attendance of a Speaker or Participants, internet or power outages or disruptions, or failure of systems, hardware or Program Software.

5.4 In such event, we will promptly notify you of the event or contingency, and use reasonable efforts to circumvent or mitigate it, so as to allow the Program to proceed if possible.  If to do so requires that we make changes to dates, times, delivery format or venue location for a Program or a Module, and you are unable to attend, you may apply to attend a subsequent equivalent Program or Module (as the case requires), if available.  If you cannot attend that Program or Module, we will make a refund to you for that Program or that Module (as the case requires).

6. Access to and use of Materials

6.1 Only you as Participant may use and access the Program, the Materials and the Program Software and associated platforms that we make available for delivery of the Program.

6.2 Online Materials will expire and will be removed within 2 weeks after the final Module in the Program is presented.

6.3 You must not:

(a) disclose the Materials and your access credentials with any person, whether before the commencement of, during, or after the conclusion of, the Program;

(b) download or use the Materials otherwise than for your own private non-commercial use in connection with your participation in the Program; or

(c) record, copy, reproduce, modify, distribute, transmit, or republish the Materials in any form or by any means.

6.4 You are solely responsible for all activities that occur on your Account.

6.5 Access to the CEO Succession Software Platform is not a right as part of your enrolment in the CEO Selection Program.

6.6 We may provide software access to stakeholders agreed with you or your funding employer. Stakeholders should observe the Privacy Policy and Terms of Use of the relevant software.

7. Program-related correspondence

7.1 All communications with you will be via the preferred email address and mobile number you provide to us.  Please note that your employer’s IT policy or email policy may block our emails, so it is your responsibility to check you have received all Materials and all other necessary information from us, and that you have provided up-to-date contact information.

7.2 If your enrolment is funded by your employer or other third party, we will nevertheless communicate only with you about your enrolment in the Program, including logistics and deliverables; we may communicate with your funding employer if we agree in writing to provide them with certain program outputs.

8. Intellectual Property Rights, privacy and confidentiality

8.1 Intellectual Property Rights in the Materials (and our name, logos, product and service names, designs and slogans) and Program Software are protected by patent, trademark and copyright law in accordance with the Patents Act (1990) (C’th), the Trademarks Act 1995 (C’th), the Copyright Act 1968 (C’th) and international patent, copyright and trademark laws and treaties.

8.2 This Contract confers on you the contractual right to use the Materials and the Program Software solely as provided in this Contract, and no Intellectual Property Rights in the Materials or Program Software are assigned or transferred to you or any third party.

8.3 We are the licensee of certain aspects of the Materials and the Program Software, and the Intellectual Property Rights in relation to them are protected by Australian and international patent, trademark, copyright, service mark, industrial design and other intellectual property laws and treaties.  We reserve all such rights on our behalf and on behalf of our licensors.  You undertake to us to do all things necessary to enable us to comply with our obligations to our licensors.

8.4 You acknowledge that you have read and understand our Privacy Policy (at https://www.ceosuccession.com.au/privacy-policy), and that you agree with and consent to the practices described in that Privacy Policy.

8.5 We may share your name, title, organisation name, preferred contact email address and mobile number with the members of your Cohort to enable peer-to-peer connection.  We may also share your name, title and organisation name with the facilitator and the Speaker so that they will be able to acquire an understanding of the Participants with which they will engage in the Program.  If you do not consent to sharing your email address or mobile number, please contact us (at team@ceosuccession.com.au) at least 30 days prior to the Commencement Date of the Program.

8.6 You agree to protect the personal information (within the meaning of the Privacy Policy) of any other Participant that is shared with you in accordance with the Chatham House Rule (see paragraph 3.1 above).  Accordingly, you must not in any manner and at any time disclose to any third party any information which would or would be likely to identify a Participant, or the employment or other affiliation or connection of a Participant with any other organisation, or use any such information for any purpose other than your participation in the Program.

8.7 We will notify you if we intend to record (whether photographic, video or sound only) the Program or a Module.  If you do not consent to your participation being recorded, please contact us (at team@ceosuccession.com.au) to discuss your concerns prior to the Program Commencement Date or the date on which the relevant Module is to be presented (as the case requires).  We will allow you to opt out of the recording.

8.8 If we record the Program or a Module, then we may publish, disseminate, transfer or use the resultant photographic, video or sound recordings in our publications, on our Website, or in any promotional materials.

9. Electronic communications

9.1 You acknowledge that there are security and delivery risks in using computer software (including email) and transmitting data and images via the internet and computer devices, particularly mobile devices.

9.2 We give no guarantee or assurance that any electronic communication you send to us, any electronic communication that we send to you, or any data transmission you make via any platform or software, including your Account or mobile device, will be secure, virus-free, uninterrupted or delivered as intended, or free from hacking, alteration or corruption.

9.3 You are responsible for protecting your computer and other devices (and associated software) from malicious or destructive content and programs such as viruses, worms and trojans, and to protect your information from unauthorised disclosure or misuse.

9.4 Your telecommunications service provider may impose a connection or data charge for access to Materials or Program Software in your communications or engagement with the Program.  You are responsible for paying any applicable connection or data charges.

9.5 We may use third party technology, such as Microsoft Teams, WhatsApp or learning management systems to communicate with you.  These providers will have separate Terms of Use and Privacy Policies and it is your responsibility to confirm that their Terms and Policies are acceptable.

10. Data analytics

10.1 We may compile reports to provide analytics on learning behaviours and patterns, and we may track log-in frequency, content access, Participant submissions and access to any other resources that we provide.  This usage information is collated solely to improve Program content and delivery.  We do not store or share your personal information (as defined in the Privacy Policy).

10.2 For further information regarding our use of “cookies” and tracking and analytics technologies, and for how to opt out of tracking and analytics, please see our Privacy Policy.

11. Liability

11.1 The Program is designed and intended to provide insight into the CEO selection process.  However, participation in or completion in the Program does not guarantee you a role with any organisation, or provide you with individual feedback or coaching, or any other specific outcome.

11.2 Except for the express representations and warranties made in these Terms and except to the extent that the exclusion or restriction of liability may be prohibited by statute (including the Australian Consumer Law):

(a) all conditions, warranties, representations and liability, whether express or implied, and whether arising under statute or the general law, are excluded;

(b) we are not liable for any Loss (as defined in paragraph 11.6) suffered by you or any third party (including your employer, if applicable) arising from participation in a Program, including:

(i) by the use of the Program Software, or downloading or accessing the Materials; or

(ii) by the breach by any other Participant, the facilitator or a Speaker of these Terms or of the Code of Conduct.

11.3 To the fullest extent permitted by law, our liability for Loss under this Contract, including under any implied warranty or condition, is limited, as we choose, to enrolment in another Program (subject to these Terms), or refunding to you the Program fees you have paid.

11.4 In no event will we be liable to you under this paragraph 11 or otherwise under this Contract:

(a) for any loss or damage resulting from any act or omission on the part of any third party, or any of their employees, agents, representatives or contractors; or

(b) in contract, tort or otherwise, to compensate you for any loss of revenue, profit or business opportunity, or for any special, indirect or consequential loss or damage of any nature.

11.5 You agree to release and indemnify us from and against all Loss suffered by us arising out of:

(a) a negligent act or omission, or wilful misconduct, in your use of and participation in the Program or our Materials;

(b) a breach of the Code of Conduct and

(c) all activity on your Account.

11.6 In this paragraph 11, Loss means losses, expenses, claims, proceedings, damages and costs of any kind, including actual, special, direct, indirect, incidental, exemplary or consequential, lost profits, business interruption, lost savings or loss of Materials or other information or data.

12. Suspension or termination

12.1 Without prejudice to any other rights or remedies that we may have under this Contract or at law, we may, by giving you written notice, either (as we in our discretion decide) suspend your participation, or terminate your enrolment, in the Program if we believe on reasonable grounds that:

(a) a warranty or representation given by you is or when made was untrue, inaccurate or misleading in any material respect;

(b) paragraph 11.5 applies;

(c) you have disparaged or denigrated 100 Percent Partners, CEO Succession or its facilitators or employees, or a Speaker or other Participants, or you have otherwise engaged in conduct prejudicial to the reputation or welfare of 100 Percent Partners or CEO Succession; or

(d) you otherwise materially breach or are in default under this Contract or the Code of Conduct, and you fail to remedy the breach or default promptly after we give you notice with reasonable details of the breach or default.

12.2 If under paragraph 12.1 we suspend your participation in the Program, then you must comply with the terms of the suspension notified to you.

12.3 If under paragraph 12.1 we cancel your enrolment in the Program, then you must:

(a) immediately cease all participation in the Program, including ceasing to access or otherwise use the Program Software and the Materials;

(b) delete from any computer system which you used to access the Materials and participate in the Program and render irretrievable any Materials saved or stored on that system, and destroy any copies of the Materials in tangible form; and

(c) promptly confirm to us in writing that you have complied with paragraphs (a) and (b), and that you will comply with all other obligations under this Contract which expressly or of their nature continue after termination of this Contract.

13. General

13.1 Severability: If any part of these Terms is unlawful, void or for any reason unenforceable then that part is deemed to be severed and does not affect the validity and enforceability of any of the remaining provisions.

13.2 Waiver: No failure to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and is not a waiver of any subsequent breach of that or any other provision.

13.3 Entire Agreement: These Terms, the General Terms, the Privacy Policy and your enrolment application (and any supporting materials) constitute the entire agreement between you and us in relation to your enrolment in the relevant Program, and supersede all previous negotiations, understandings, representations, warranties, memoranda or commitments.

13.4 Variations: We may update or amend these Terms from time to time, and the updated or amended Terms take effect on publication on our Website.  Any such updating or amendment will apply to this Contract unless unfairly or discriminatorily prejudicial to you.

13.5 Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture or employment, or any fiduciary relationship between you and us.

13.6 Governing law: These Terms are governed by the law of New South Wales, Australia.  The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.

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If you would like to discuss any matters relating to these Terms, you may contact us at team@ceosuccession.com.au

Version 1:  Issued 21 November 2024.