1. Who this agreement is with

• 1.1 The Toolkit is owned and provided by CEOs for Gender Equity ("CGE", "we", "us", "our"). CEOs for Gender Equity Inc (ABN: 51 323 499 079) Level 1, 926 Hay Street, Perth WA 6000.
• 1.2 This agreement is between you (the person or organisation using the Toolkit) and CGE. Monday Media built the Toolkit for CGE but is not a party to this agreement.
• 1.3 In these Terms: "Organisation" means the business or entity that purchases a seat package. "Super User" means the person who purchases on behalf of an Organisation and manages that Organisation’s seats. "Seat User" means a person invited by a Super User to use a seat. "User", "you" means any Super User or Seat User accessing the Toolkit. "Content" means all material within the Toolkit, including guidance, diagnostics, templates, budgeting tools, text, and downloadable resources. "Subscription" means the annual, seat-based licence purchased by an Organisation. "Confidential Information" means CGE’s proprietary methodologies, algorithms, pricing structures, non-public information relating to the Toolkit, and any information designated as confidential by CGE. "Fees" means the subscription fees payable by the Organisation for access to the Toolkit.

2. Accepting these Terms

• 2.1 You accept these Terms when you first log in and confirm acceptance, and each time you use the Toolkit afterwards.
• 2.2 If you accept these Terms on behalf of an Organisation, you confirm you are authorised to bind that Organisation.
• 2.3 You must be at least 18 years old and use the Toolkit for work-related purposes.

3. What the subscription gives you

• 3.1 The Toolkit is licensed on an annual subscription, sold by the seat. Seat packages are offered in fixed tiers (currently 1, 5, 10, 20, 50 and 100 seats).
• 3.2 Your Subscription grants a limited, non-exclusive, non-transferable licence to access and use the Toolkit for the number of seats purchased, for the duration of the paid Subscription period, for your own internal work purposes.
• 3.3 The licence does not transfer any ownership of the Toolkit or its Content to you. All rights not expressly granted are reserved by CGE.
• 3.4 CGE members receive discounted pricing, applied automatically at checkout based on the member’s work email domain. Eligibility for member pricing is determined by CGE.
• 3.5 CGE may provide a limited number of complimentary seats to strategic partners at no charge. Complimentary seats are subject to these Terms, may be time-limited, and may be withdrawn by CGE at its discretion.
• 3.6 CGE reserves the right to modify seat tier pricing at any time, with changes taking effect upon the next renewal period. CGE will notify of proposed pricing changes at least 30 days before those changes take effect.
• 3.7 CGE may modify, update, or discontinue any feature or Content of the Toolkit at any time without liability. Subject to clause 14, CGE will endeavour to provide reasonable notice of material changes.

4. Seats and licence rules

• 4.1 Seats are tied to the purchasing Organisation. They cannot be sold, sub-licensed, shared, or transferred to another organisation.
• 4.2 The person who purchases becomes the Organisation’s Super User. The Super User is responsible for: inviting and removing Seat Users within the purchased seat limit; ensuring seats are used only by people within, or authorised by, the Organisation; managing the Organisation’s Subscription, including upgrades and renewal; and ensuring Seat Users comply with these Terms.
• 4.3 Each seat is for one named individual. Seats must not be shared by multiple people using the same login.
• 4.4 An Organisation may upgrade to a larger predefined seat tier at any time. Custom or negotiated licensing arrangements are handled by CGE outside the Toolkit.
• 4.5 If a Subscription is not renewed, access to the Toolkit for that Organisation and its Seat Users will end when the paid period expires. See clause 11 for what happens to data.

5. Intellectual property

• 5.1 The Toolkit and all Content are the intellectual property of CGE, authored for CGE. They are protected by copyright and other laws.
• 5.2 Your licence allows you to view and use the Content for your own internal work purposes only. You must not: copy, reproduce, or download the Content except where the Toolkit expressly provides a download (for example, your own diagnostic results); redistribute, publish, sell, or share the Content with anyone outside your licensed seats; adapt, repurpose, or create derivative works from the Content; or remove or alter any notices of ownership.
• 5.3 Downloadable resources purchased or provided through the Toolkit remain CGE’s intellectual property and are licensed for your own use only, not for redistribution.
• 5.4 Any feedback, suggestions, or improvement ideas you provide regarding the Toolkit ("Feedback") are assigned to CGE without restriction. CGE may use Feedback for any purpose without compensation or attribution to you.
• 5.5 You acknowledge that the Toolkit may incorporate third-party components licensed to CGE. Your rights in respect of such components are limited to the licence granted under these Terms.
• 5.6 You must not reverse engineer, decompile, or disassemble the Toolkit or any part of its underlying technology.

6. Acceptable use

6.1 You agree to use the Toolkit lawfully and only for its intended purpose. You must not:

• share login credentials or allow unauthorised access;
• attempt to gain access to areas, data, or accounts you are not authorised to use;
• interfere with, disrupt, or attempt to compromise the security or operation of the Toolkit;
• use automated means to extract or scrape Content;
• use the Toolkit in any way that infringes the rights of others or breaches any law;
• use the Toolkit to develop or contribute to a competing product or service; or
• benchmark the Toolkit or publish performance comparisons without CGE’s prior written consent.

6.2 Without limiting clause 12, CGE may, in its sole discretion and without prior notice, immediately suspend or terminate access if it reasonably believes these Terms have been breached or that continued access poses a risk to the Toolkit, other users, or CGE. CGE is not liable for any loss resulting from such suspension or termination.

6.3 You are responsible for all activity under your account. You must maintain the security of your login credentials and notify CGE promptly of any suspected unauthorised access.

7. Privacy and your data

• 7.1 The Toolkit applies a strict individual privacy model. The data you create as an individual User, including your diagnostic results and saved budgeting scenarios, is private to you.
• 7.2 Your individual results and saved data are not visible to your Organisation’s Super User, to other Seat Users, or to CGE. They are not shared through the platform.
• 7.3 You can download your own completed diagnostic results as a self-contained HTML file. Once downloaded, that file is yours to manage, and you are responsible for how you store or share it.
• 7.4 CGE and its providers process limited account and billing information needed to run the Toolkit, such as your name, work email, Organisation, and Subscription status.
• 7.5 How CGE collects, uses, stores, and protects personal information is set out in CGE’s Privacy Policy. You may read CGE’s Privacy Policy here: CGE Privacy Policy.
• 7.6 CGE may collect and use aggregated, de-identified usage data and analytics derived from Users’ interactions with the Toolkit for the purposes of improving, developing, and promoting the Toolkit and CGE’s mission. Such aggregated data will not identify any individual User or Organisation.
• 7.7 You acknowledge that the Toolkit is hosted by third-party infrastructure providers. CGE takes reasonable steps to ensure its providers maintain appropriate security standards but cannot warrant uninterrupted, error-free transmission of data at all times.

8. Diagnostics, budgeting tool and outputs

• 8.1 The Toolkit includes interactive diagnostic tools and a job-share budgeting tool. Outputs from these tools, including any cost or savings estimates, are indicative estimates only.
• 8.2 Estimates are based on assumptions and figures supplied by CGE. They are provided to support your own thinking and business case development. They are not a prediction or guarantee of actual outcomes, costs, or savings.
• 8.3 You are responsible for reviewing outputs and making your own decisions. See clause 9.

9. Guidance only, not professional advice

• 9.1 The Toolkit provides guidance and resources. As stated in the product: the toolkit provides guidance and resources, but it does not replace professional advice and does not guarantee compliance outcomes.
• 9.2 The Toolkit is not a substitute for legal, industrial relations, or human resources advice. It does not create any professional relationship between you and CGE.
• 9.3 You should obtain your own professional advice before making decisions about job-sharing arrangements, employment, or compliance obligations.

10. Indemnification

10.1 You indemnify and hold harmless CGE, its directors, officers, employees, volunteers, and agents from and against any claim, loss, damage, cost, or expense (including reasonable legal fees) arising from or in connection with:

• your breach of these Terms;
• your use of the Toolkit or any outputs generated by it;
• any third-party claim arising from your use of downloaded materials or outputs; or
• your violation of any applicable law.

10.2 This indemnity survives termination or expiry of these Terms.

11. Payment, renewal, cancellation and refunds

• 11.1 Subscriptions are paid by card through our payment provider, Stripe. By purchasing, you agree to Stripe’s applicable terms as well as these Terms.
• 11.2 Fees are shown at checkout before you purchase. Member discounts and any applicable promotional codes or discounts are applied and shown at checkout.
• 11.3 Subscriptions run for an annual term and automatically renew for successive annual terms unless cancelled prior to the renewal date. A self-service billing portal is available for managing your Subscription, including cancellation, renewal and billing details. Renewal reminders will be sent by email in advance of the renewal date. Customers may cancel their Subscription at any time through the billing portal, with cancellation taking effect at the end of the current annual term.
• 11.4 Cancellation. An Organisation may cancel its Subscription at any time by written notice to CGE. Cancellation takes effect at the end of the current paid Subscription period, after which clause 12 applies.
• 11.5 Refunds. No refunds of any Fees paid by the Organisation (including in respect of the balance of the Subscription period) are available except: (a) where required under the Australian Consumer Law (see clause 13.4); or (b) at CGE’s absolute discretion in exceptional circumstances. Refund requests must be made within 14 days of purchase by contacting CGE at hello@jobsharingtoolkit.com.
• 11.6 All Fees are exclusive of GST. Where GST applies, it will be added at checkout. CGE may engage third-party payment processors and is not liable for any processing errors, delays, or failures attributable to such third parties.
• 11.7 CGE reserves the right to suspend access to the Toolkit if any Fees remain unpaid more than 14 days after the due date.

12. Termination, access and data

• 12.1 This agreement continues while your Subscription is active. It ends when the Subscription expires without renewal, is cancelled, or is terminated under these Terms.
• 12.2 CGE may immediately suspend access without notice if: (a) there is an actual or suspected security breach; (b) you breach clauses 5 (Intellectual Property) or 6 (Acceptable Use); or (c) CGE is required to do so by law or a regulatory authority. For other material breaches, CGE will provide written notice and a period of 14 days to remedy the breach before terminating access.
• 12.3 When access ends, you and your Seat Users will no longer be able to log in to or use the Toolkit.
• 12.4 Any diagnostic results you downloaded before access ended remain with you.
• 12.5 Upon termination or expiry, the following clauses survive and continue to bind you: clauses 5 (Intellectual Property), 7 (Privacy and your data), 10 (Indemnification), 13 (Warranties and Liability), and 15 (Governing Law).

13. Warranties and liability

• 13.1 The Toolkit is provided on an "as is" and "as available" basis. CGE does not warrant that it will be uninterrupted, error-free, or fit for any particular purpose beyond what is described.
• 13.1A CGE may perform scheduled and unscheduled maintenance on the Toolkit. CGE will use reasonable efforts to notify Users of scheduled maintenance in advance but is not liable for any unavailability during maintenance windows.
• 13.2 CGE gives no warranty or guarantee about outcomes, including any compliance, cost, savings, or job-sharing outcome. Any outputs are indicative only.
• 13.3 To the maximum extent permitted by law, CGE is not liable for any indirect or consequential loss, or for any loss arising from your reliance on the Toolkit or its Content. This exclusion includes, without limitation, loss of revenue, profit, anticipated savings, goodwill, business opportunity, or data, whether arising in contract, tort (including negligence), statute, or otherwise.
• 13.4 Nothing in these Terms excludes, restricts, or modifies any rights or guarantees you have under the Australian Consumer Law or other laws that cannot be excluded. Where CGE is liable under a consumer guarantee that cannot be excluded, and the law permits, CGE’s liability is limited to resupplying the Toolkit or paying the cost of resupply.
• 13.5 Subject to clause 13.4, CGE’s total liability under or in connection with these Terms is limited to the fees paid by the relevant Organisation for the Subscription in the 12 months before the claim arose.
• 13.6 You acknowledge that CGE is a not-for-profit organisation providing the Toolkit to advance gender equity objectives. The limitations of liability in this clause reflect the nature of CGE’s operations and the pricing of the Toolkit.
• 13.7 CGE is not liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, failure of third-party infrastructure or service providers, internet outages, or cyber-attacks (a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days, either party may terminate these Terms by written notice.

14. Changes to these Terms

• 14.1 CGE may update these Terms from time to time, for example to reflect changes to the Toolkit or the law.
• 14.2 If changes are material, CGE will take reasonable steps to notify Users, by email with seven business days’ notice. Continued use after changes take effect means you accept the updated Terms.
• 14.3 If you do not agree with a material change, your sole remedy is to cancel your Subscription before the changes take effect. Fees already paid are not refundable solely because of a change to these Terms, unless the change materially and adversely diminishes the core functionality of the Toolkit.

15. Governing law

• 15.1 These Terms are governed by the laws of Western Australia, Australia. You and CGE submit to the non-exclusive jurisdiction of the courts of Western Australia.
• 15.2 Before commencing any court proceedings, the parties agree to first attempt to resolve any dispute in good faith through informal discussion for a period of not less than 20 business days. This clause does not prevent a party from seeking urgent interlocutory relief.

16. General

• 16.1 These Terms, together with the Privacy Policy, constitute the entire agreement between you and CGE regarding the Toolkit and supersede all prior communications and proposals.
• 16.2 If any provision of these Terms is found to be invalid or unenforceable, that provision is severed to the extent of the invalidity and the remaining provisions continue in full force.
• 16.3 A failure by CGE to exercise or enforce any right under these Terms does not constitute a waiver of that right.
• 16.4 You may not assign or transfer your rights or obligations under these Terms without CGE’s prior written consent. CGE may assign its rights and obligations without your consent.
• 16.5 Any notice under these Terms must be in writing and sent to the email address associated with the relevant account (for Users) or to the contact address in clause 17 (for CGE).

17. Contact

• 17.1 Questions about these Terms or the Toolkit can be sent to CGE at hello@jobsharingtoolkit.com.