Terms and Conditions of the Possums Sleep Program

Pamela Douglas Consulting (PDC) is a for-purpose business, which owns the websites ndcinstitute.com.au and drpam.au.

1. BINDING TERMS

1.1 This website is operated by Pamela Douglas Consulting (“PDC”, “Our”, “Us, “We”, “NDC Institute”, “Dr Pam”, “Possums programs”, “NDCI”, "Possums Sleep Program") trading as The NDC Institute and Dr Pam and the Possums programs under the domain names ndcinstitute.com.au and drpam.au

1.2 Your use of this website constitutes your agreement to the terms, conditions and notices below. If you do not agree with these terms, please do not use this website.

1.3 This website contains general advice only and does not consider what you currently have, want and need for your personal circumstances. It is important that you consider these matters and read the information that may apply and is available on this website before you make a decision about using any of our material.

2. THE PARTIES

2.1 If you are a natural person, then these Website Terms of Use constitute a legally binding agreement between you and us and govern your use of our Website.

2.2 If the user of our Website uses it in his or her capacity as a representative of a body corporate (eg a corporation), then it is a condition of the user continuing to use our Website that the user warrants that he or she has authority to accept these Website Terms of Use on behalf of that body corporate, and these Website Terms of Use specify the terms of a legally binding agreement between that body corporate (and “You” in these Website Terms of Use means that body corporate) and us.

3. GENERAL INFORMATION

3.1 The information appearing in this Website, except for when it is described as a contract term or disclaimer, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract, other than the agreement between Us and You for the use of this Website

4. PRIVACY POLICY

4.1 Your use of the information contained on this website is governed by the Pamela Douglas Consulting Privacy Policy. If at any time you believe that ‘The NDC Institute’ or ‘Dr Pam and the Possums programs’ has breached these privacy guidelines, please notify the general manager Tom Douglas-Powell by email at tom@pameladouglas.com.au and we will use all reasonable efforts to remedy the problem.

5. USE OF THIS WEBSITE

5.1 Although PDC makes all reasonable effort to provide a secure website and online experience, we do not represent or warrant that our website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security checks, controls and systems.

5.2 The PDC websites may use a feature of your Internet browser called a "cookie" to manage security and store information. If your browser does not support cookies, or you have disabled this functionality, you may be unable to use our website.

For the best experience and safest use of the PDC websites we recommend that you use the latest version of Internet Explorer, Firefox, Google Chrome or Safari.

6. YOUR ACCOUNT

6.1 If you have registered with our websites, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.

7. COPYRIGHT PROTECTION

7.1 The content on this website, including site layout, functionality, design, text and images are protected by Australian and international copyright laws. You may print or download content from this website for your personal use, provided that you comply with our Code of Ethics for use of PDC’s intellectual property.

8. LINKING TO OTHER WEBSITES

8.1 This site has hyperlinks to other entities’ websites. Those sites are not PDC websites. The provision of the links or the use of a PDC logo is not an endorsement, recommendation, approval or guarantee by PDC of the entity named in, or of any of the services or goods offered on, or any of the content of such sites, unless PDC has said so on its websites. PDC is not responsible for any services or goods offered or any content on such sites, or for the acts or omissions of those named on those sites, or for any damage or loss incurred or suffered by you arising out of, or in connection with your use of the link or the offers made by such sites, except to the extent PDC says so on this website. When you click on a link and leave the PDC website you will be subject to the terms of use and privacy policies of the other websites you visit.

9. INFORMATION PROVIDED

9.1 The medical information on the PDC websites are not comprehensive. It cannot take into account the physical state, medical status and/or health requirements of any individual which are relevant to the proper diagnosis and treatment of any condition or disorder.

Consequently, you should never use or act upon this information without first properly consulting, and seeking independent information and advice from, a qualified medical practitioner. All material is provided as an information service only and should not be relied upon as a substitute for professional advice. PDC does not give, or purport to give, any medical advice to you, through this website.

9.2 PDC expressly disclaim all responsibility for, and liability in respect of any particular circumstances the consequences of anyone's failure to obtain a proper medical examination and advice from a qualified medical in the relevant circumstances. The opinions expressed by any health professional on this website are those of the relevant health professional and not that of Dr Pamela Douglas or PDC. We accept no responsibility for them nor do we make any representations relating to the accuracy of any information placed on this website by any person whose comments and opinions are solely their own, or any such user's ability, knowledge, experience or professional qualifications.

9.3 PDC does not exclude or restrict any rights or remedies available to you under consumer protection laws in relation to the provision of goods or services by PDC via these websites. However, to the maximum extent permitted by law, PDC is not liable for any loss caused, whether due to negligence, or arising under contract or tort, or otherwise arising from the use of, or reliance on, the information provided directly or indirectly, by use of this website. Where you are entitled to guarantees under the Australian Consumer Law, and PDC has not complied with one or more of such guarantees, PDC limits its liability to supplying the relevant good or service again, or paying the cost to have the good or service supplied again.

10. PROGRAM ENROLMENT

10.1 As a participant of The The Possums Sleep Program you agree to the following Terms and Conditions

• I agree to pay the program fees (plus GST if applicable) for the program

• I accept that my access plan to the program will automatically renew after the designated period I have subscribed for

• I give consent to the NDCI to make any enquiries necessary to verify the information disclosed in this application

• I accept that I am required to pay the full amount of the program fees even if I do not complete my program

• In the event that I do not renew my access to the Possums Sleep Program, my program will be immediately suspended and access to my program denied

• The duration of each term of my access plan is dependent on the option I choose at checkout

10.2 Upon receipt of the program fees, the NDCI agrees to

• Provide a tax invoice

• Provide login details to access my online program

• Provide online educational materials

• Provide access to group sessions with an NDC educated practitioner, subject to user booking and limited capacity for participation.

10.3 I acknowledge the following, in relation to program enrolment

• Program enrolment is complete when I have been issued a username and password for online program access

• This date of enrolment will be known as the agreed program commencement date

• Program duration is effective from the agreed program commencement date

• Login access will be active as at the agreed program commencement date

• A participant will be deemed to have commenced their program at the time of login on or after the agreed commencement date

• The program is non-transferable once the participant has commenced.

11. PROGRAM MATERIALS

11.1 I acknowledge that

• Program materials are supplied in an online environment, unless otherwise stated in the NDCI accreditation program description, and once enrolment has ended, access is denied.

• The content of the online program materials, including copyright and all other such intellectual property rights contained therein, remain the property of the PDC

• No reproduction or distribution of any part of the program material, including but not limited to all articles, videos, audio, supporting documents, powerpoints and handouts can be made without the prior written consent of PDC.

12. UNETHICAL USE OF INTELLECTUAL PROPERTY BELONGING TO PAMELA DOUGLAS CONSULTING

12.1 PDC reserves the right to terminate your participation, at the sole discretion of their representative, Dr Pamela Douglas, if you have either currently or at any time in the past been an employee or service provider in a clinic that uses or has used the intellectual property of PDC in a manner which Dr Douglas judges to contravene NDCI or Possums programs intellectual property rights has engaged in or is engaging in behaviours that Dr Douglas or other directors of PDC judge to be or have been unethical.

13. PROGRAM EXTENSION POLICY

13.1 No extension of the program is available to participants beyond the period during which the participant has access to the portal.

13.2 Once the allocated time for the program has ended you will no longer be provided with access to the dashboard, the program material, program assessment or trainer support.

14. CANCELLATION OF THE PROGRAM BY PAMELA DOUGLAS CONSULTING

14.1 Should PDC cancel the program for any reason except force majeure, participants enrolled at the time PDC announces the cancellation will be entitled to a full refund, and this will incur no administrative charges or penalties.

15. WITHDRAWAL DURING PROGRAM / CANCELLATION OF ACCESS PLAN

15.1 Cancellation will result in that participant's access not being renewed.

15.2 Participants who have commenced their access plan will not be entitled to a refund in the event of cancellation, and will retain access to the program for the remainder of their current access period.

15.3 Participants who renew their access plan will not be entitled to a refund in the event of a cancellation, and will retain access to the program for the remainder of their current acess period.

16. WITHDRAWAL DUE TO ILLNESS OR HARDSHIP

16.1 In the case of a participant withdrawing from the program due to illness or extreme hardship, PDC may, at its discretion, allow a refund of the fees. The following conditions apply

• The person concerned must produce satisfactory evidence of the circumstances such as medical certificates
• A cancellation fee of 30% of paid program fees will be withheld
• Withdrawal and request for refund must take place within the first month of the program commencement

17. CONFIDENTIALITY AND PRIVACY

17.1 PDC will keep any information (including your account details) confidential. PDC will make all reasonable efforts to keep any such information about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.

17.2 We will only disclose information that we have about you to the extent specifically required by law for the purposes of this agreement (including disclosing information in connection with any query or claim)

Information provided by you is considered confidential and will not be divulged to any third party, nor will it be sold.

18. DISCLAIMER AND LIMITATION OF LIABILITY

18.1 All content is provided "as is" and without warranties of any kind, either express or implied

18.2 PDC does not warrant that the functions contained in any content or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits content to you are free of viruses or any other harmful components

18.3 PDC does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise

18.4 Under no circumstances (including, but not limited to any act or omission on the part of PDC) will PDC be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any content.