These Terms and Conditions (Terms) apply to enrolment and participation in The CEO Selection Program (The Program) provided by A.C.N 636 044 374 Pty Ltd trading as 100 Percent Partners (We/Us/Our).

 

Definitions

For the purpose of these Terms:

Account means a user account authorised by Us and created by a user as part of the enrolment process for enrolment in a Course or for providing Facilitation Services.

Chatham House Rule The Chatham House Rule helps create a trusted environment to understand and resolve complex problems. Its guiding spirit is: share the information you receive, but do not reveal the identity of who said it. The Rule reads as follows: “When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed”.

(at https://www.chathamhouse.org/about-us/chatham-house-rule).

Cohort means the other participants enrolled in your program.

Commencement Date means the date of the first Module or when a participant received access to the Course materials or joined in a cohort, whichever is earlier.

Course refers to the CEO Selection Program provided by 100 Percent Partners.

Face to Face means the Program is delivered in person, and this may be at a venue or online.

Guest Speaker means an individual invited by 100 Percent Partners because of their expertise or interest in a subject.

Intellectual Property Rights means 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, by law in force in any part of the world including all applicable renewals and extensions.

Losses means losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential, lost profits, business interruption, lost savings or loss of programs or other data) of every kind.

Program Software means software (such as Zoom, Microsoft Teams, WhatsApp, email, learning management systems and other such software) used to deliver the course and to communicate with participants, facilitators and guest speakers.

Module means a chapter of knowledge, structured around a particular theme. The program is comprised of 6 modules.

Participant means an individual enrolled in a Program.

Session refers to a Module or to a gathering of participants, and this may include facilitators and guest speakers.

Website means the website located at www.ceosuccession.com.au as updated from time to time.

 

Enrolment in the Program

1. If you proceed with an enrolment application, you are deemed to have accepted these Terms and any policies referenced in or linked to these Terms.

2. Updates to our Terms will be published here.

3. We may decline your enrolment if you do not meet the Program eligibility criteria, if the course is full, or if we need to accommodate for factors such as competitor participants, or a balanced cohort from different industries or sectors. We may choose to provide a reason for decline but we are not under any obligation to provide a reason or to justify our decline to you.

 

Conduct Standards

4. The Chatham House Rule (at https://www.chathamhouse.org/about-us/chatham-house-rule) applies to participation in all our Programs to allow for an immersive and trust-based learning environment.

 

Fees

5. On acceptance of enrolment, you will be provided with an invoice for Program fees by email.

6. Payment must be received within 7 Calendar Days of the date of invoice to secure enrolment. Note: processing can take several days, depending on your bank.

7. If we are unable to successfully receive your payment in full within 7 days and before the Commencement of the Program, then we may cancel your enrolment application and we will endeavour to notify you. Any monies subsequently received will be refunded to you.

8. Payment must be received in full before we provide Course materials and Course access.

9. If you cancel your enrolment at least 30 calendar days before the Program Commencement Date, you will be entitled to a full refund of the Program Fee.

10. If you cancel your enrolment less than 30 days prior to the Program Commencement Date, no refunds will be permitted. You may apply for a transfer to another course and this will be considered on an individual basis.

 

Program delivery 

11. The program is delivered Face to Face at a venue. Please read the module dates carefully and consider your personal and work circumstances and your ability to attend. A module provided at a venue will not be transmitted online if you are unable to attend.

12. Events may happen that are outside of our control, including unexpected changes by guest speakers or venues. We may make changes to dates, times, delivery format or location. If you cannot attend, you may apply to attend the same module in another program, if available. If you cannot attend for a change in date, we may provide a refund for that part of the program.

13. If a module is moved to an online format, participants are expected to visually attend with camera turned on and not with the camera setting on black or with no video. This is to respect active engagement with the guest speaker and other participants in your cohort. If you attend a video call with your camera turned off, or without being visually present, we will remove you and no refund will be offered.

 

Access and Use of Materials

14. Information, documents, data, or other materials we make available in any form as part of the Program is protected by copyright law in accordance with the Copyright Act 1968 (Cth) and the Trademarks Act 1995 (Cth) and international trademark laws.

15. Only the Participant can use and access the Program, any Program materials provided and any platforms that we make available to participants.

16. You may only use our Materials if you have paid the program fees and you may only use our Materials for your own private non-commercial use.

17. Program materials and access credentials must not be shared with anyone.

18. No part of Our Materials or Modules should be recorded, copied, reproduced, modified, distributed, transmitted, or republished in any form or by any means.

19. Nothing in these Terms transfers or is intended to transfer Intellectual Property Rights in Our Materials to any third party.

20. Online materials will expire on the final course date.

21. You are solely responsible for all activities that occur on your user account.

 

Course-related correspondence

22. All communications with you will be via the preferred email address and mobile number you provide to us. Your employer’s IT policy or email policy may block our emails. It is your responsibility to check you have received all necessary information from us and to provide up-to-date contact information.

23. Where your enrolment is funded by your employer, unless agreed prior in writing, we will only communicate with you (the Participant) about your enrolment in the Program.

 

Privacy Policy

24. You acknowledge that you have read and understood our Privacy Policy as amended from time to time and agree with and consent to the practices described in that Privacy Policy (at https://www.ceosuccession.com.au).

25. 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 our guest speakers so that they understand the audience that they will engage with. If you do not consent to sharing your email address or mobile, please contact us (at team@ceosuccession.com.au) at least 30 Calendar Days prior to the start date.

26. You agree to protect the Personal Information of any Participant that is shared with you. In accordance with the Chatham House Rule, no information which would reasonably identify a Participant or the employment affiliation of a Participant(s), may be disclosed by you to any third parties or used for any purpose other than participation in the session or Program.

27. You will be notified if there is an intent to record a session. If you do not consent, please contact Us (at team@ceosuccession.com.au) to discuss your concerns prior to the session commencement date. You may ask to opt out of recording or photography.

 

Electronic communications

28. You acknowledge and agree that there are security and delivery risks in using software including email and transmitting data via the internet and mobile devices.

29. We give no guarantee that any electronic communication you send to Us, any electronic communication that We send you, or any data transmission you make via any platform or software, including your user account or a mobile device will be secure, uninterrupted or delivered.

30. You are responsible for protecting your computer and other devices from malicious or destructive content and programs such as viruses, worms and trojans and to protect your information as you deem appropriate.

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

32. 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 you should check that you accept their policies.

 

Data analytics

33. We may compile reports to provide analytics on learning behaviours and patterns and may track log in frequency, content access, participant submissions and access to any other resources that are provided. This usage information is collated purely to improve the course content and delivery. No individual data is shared.

 

Consumer guarantees

34. The Program provides insight into the CEO selection process. Participation or completion in the Program does not guarantee you a role with any organisation, or provide you with individual feedback or coaching.

35. Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any condition, warranty or provision implied by law, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that statute.

36. To the extent that the Australian Consumer Law permits us to limit our liability in connection with a Non-excludable Obligation, then We limit our liability for breach of any such warranties, guarantees, conditions or representations to the refund of the enrolment fee.

 

Exclusion of liability

37. We will be under no liability to you in respect of anything which may constitute a breach of these Terms and Conditions by us arising by reason of circumstances beyond our reasonable control. If circumstances beyond the reasonable control prevent us from performing our obligations under the Agreement (Force Majeure Event) then we will not be liable to you in connection with the Force Majeure Event provided that we have, to the extent reasonably possible, given prompt notice of and used reasonable endeavours to remedy the Force Majeure Event.

38. Subject to the Non-excludable Obligations and to the extent legally permitted, we are not liable for any Losses arising from participation in a Course or by the use of, downloading or accessing materials or products. To the extent that this exclusion of liability or any other exclusion or limitation of liability in these Terms in favour of us is unenforceable, invalid or ineffective for any reason, it will be severed. In that situation, our maximum aggregate liability for all Losses is limited to the fees paid by you for the Course.

 

Indemnity given by you

39. You agree to release and indemnify us from and against all Losses incurred by us arising out of:

• (a)  a negligent act or omission or wilful misconduct in your use of and participation in the Course or our Materials;
• (b)  any breach of the Participant Code of Conduct by you,
• (c)  any submission you post and
• (d)  all activity on your Account.

 

Termination

40. Without prejudice to any other rights or remedies that we may have under these Terms or at law, we may, by giving you written notice, terminate or suspend your enrolment in a Program if We reasonably believe there has been a major breach of the Code of Conduct or Access or Use of materials that is not in accordance with the Enrolment Terms and Conditions.

 

General

41. 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.

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

43. Entire Agreement: These Terms and all policies, Codes and Guidelines referred to constitute the entire agreement between you and us in relation to your enrolment.

44. Variations: We may vary these Terms from time to time and will publish amended Terms on our Website.

45. Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties.

46. 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.

 

If you would like to discuss any matters relating to our Enrolment Terms and Conditions, you can contact us at team@ceosuccession.com.au.