Terms and Conditions

These Terms and Conditions are the terms of service that govern our relationship with users and others who interact with Pamela Douglas Consulting, its related entities, and its various products, services and brands including, but not limited to, “The NDC Institute”, “Dr Pam”, "Possums", and “The Possums Programs“.

Pamela Douglas Consulting Pty Ltd as trustee for Douglas Hill Consulting Trust (ABN 30 448 053 965) (Pamela Douglas Consulting, we, us, our) owns and operates the websites ndcinstitute.com.au, drpam.au, pameladouglas.com.au, possumclinic.com.au, ndcinstitute.au, drpam.baby, possumsndc.com, possumssleepprogram.com and thepossumssleepprogram.com (Pamela Douglas Consulting Websites).

By clicking “I Agree” when you sign up for your account, you agree to these Terms and Conditions which constitute a legally binding agreement between you (or the entity on whose behalf you are logging in) and Pamela Douglas Consulting.

1. BINDING TERMS

1.1 This is a legally binding agreement between you and Pamela Douglas Consulting which will continue to apply while you interact with, and/or create and maintain an account with, Pamela Douglas Consulting and/or any of the Pamela Douglas Consulting Websites.

1.2 Your use of this website and any services offered on this website constitutes your agreement to these Terms and Conditions as updated from time to time.

1.3 If you are accessing or using this website in your capacity as a representative of any other legal entity, then you warrant that you have the requisite authority to accept these Terms and Conditions on behalf of that entity.

1.4 If you disagree with any of these Terms and Conditions or do not intend to be bound by them, do not create any account with Pamela Douglas Consulting or with any of the Pamela Douglas Consulting Websites, and do not access or otherwise use any of the products or services.

1.5 We may update these Terms and Conditions from time to time. Where changes are material, we will take reasonable steps to notify you by email and/or through your account before they take effect. If you continue to use the Pamela Douglas Consulting Websites after the effective date of an update, you are taken to accept the updated Terms and Conditions.

2. DEFINITIONS AND INTERPRETATION

2.1 In this Terms and Conditions document, the following terms and expressions have the meaning ascribed to them below:

Account means the account you create to access any of the Pamela Douglas Consulting Websites or Programs.
Content / Materials means any content, information, materials or resources made available on or through any Pamela Douglas Consulting Website or Program, including articles, videos, audio, supporting documents, presentations and handouts.
Platform means the Pamela Douglas Consulting Websites and any online environment through which we provide Programs, Content or services.
Program / Programs refers to any of the programs, practitioner training, or any other auxiliary or related programs as created and offered for enrolment and study by Pamela Douglas Consulting via the Pamela Douglas Consulting Websites from time to time.
You / Your refers to a person or entity seeking to engage with and use the products and services provided by Pamela Douglas Consulting and on the Pamela Douglas Consulting Websites.
We / Us / Our means Pamela Douglas Consulting, the owner and operator of the Pamela Douglas Consulting Websites.
Fees means the fees payable for a Program as displayed at checkout or otherwise advised by us in writing.
Business Day means a day that is not a Saturday, Sunday or public holiday in Queensland, Australia.

2.2 In these Terms and Conditions, the words “include”, “includes” and “including” are not words of limitation.

3. GENERAL INFORMATION

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

(a) Pamela Douglas Consulting and its related entities, products and services are not personal advice services and are not a substitute for any personalised or specialist services, assistance or advice;
(b) the resources on the Pamela Douglas Consulting Websites and its services are provided for your information only and do not constitute professional advice of any sort; and
(c) you must always seek independent professional help and services if you think you need it.

3.2 Unless expressly stated otherwise, this information does not mean that Pamela Douglas Consulting is affiliated with any other partners or third parties referred to or mentioned on this website.

3.3 The Programs and Content are educational and informational in nature and are not a substitute for professional medical advice, diagnosis, treatment or clinical services. If you have concerns about your or your baby’s health, you must seek advice from an appropriately qualified medical professional. If you believe there is an urgent medical issue, contact your local emergency services.

4. PRIVACY

4.1 Your use of the information contained on this website is governed by our Privacy Policy made available on this website. If at any time you believe that Pamela Douglas Consulting has breached these website Terms and Conditions or our Privacy Policy, please notify us via the contact details in the Privacy Policy and we will take all reasonable steps to remedy the problem.

4.2 Pamela Douglas Consulting may collect personal information about the users of the Pamela Douglas Consulting Websites when creating an Account with Pamela Douglas Consulting and/or the Pamela Douglas Consulting Websites or using its services. Pamela Douglas Consulting collects and uses that information to provide you with its services, to promote and improve its services, to provide you with targeted advertising based on your online activities, for the purposes described in our Privacy Policy and for any other purposes that we describe at the time of collection.

4.3 We may disclose your information to our related companies, including those related outside Australia. Any of us may contact you for those purposes (including by email and SMS) at any time. We may also disclose your information to our service and content providers, including those located outside Australia. Our Privacy Policy also explains that if you do not provide us with information we have requested from you, we may not be able to provide you with the services you require.

4.4 Further information about how we handle personal information, how you can complain about a breach of the Australian Privacy Principles, how we will deal with a complaint of that nature, how you can access or seek correction of your personal information and our contact details can be found in our Privacy Policy published on this website.

5. YOUR OBLIGATIONS

5.1 While Pamela Douglas Consulting takes all reasonable steps to provide a secure website and online experience, we do not represent or warrant that this website is free from viruses, defects or which may affect your software or systems. You acknowledge that it is your sole responsibility at all times to take all reasonable steps to protect your software and systems, and install and implement any necessary security checks, controls and systems.

5.2 Pamela Douglas Consulting 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 access or use the Pamela Douglas Consulting Websites.

5.3 For the best experience and safest use of the Pamela Douglas Consulting Websites, we recommend that you use a current, supported web browser when interacting with or otherwise using the Pamela Douglas Consulting Websites.

5.4 Without limiting any other obligations to us set out in these Terms and Conditions, your obligations to us are to:

(a) comply with our Privacy Policy in relation to your use of this website;
(b) ensure that any use by you of any materials or information made available to you on this website do not breach our intellectual property rights;
(c) not release to the public any materials or information made available to you via this website or via any Account you have with this website, or via any of the Pamela Douglas Consulting Websites, without our prior written approval;
(d) only upload content, information or materials to this website, or any Account you have with this website, or with any of the other Pamela Douglas Consulting Websites, in accordance with these Terms and Conditions and our Privacy Policy, and which does not contravene any relevant laws including the Privacy Act 1988 (Cth), the Corporations Act 2001 (Cth) and the Australian Consumer Law;
(e) ensure that any and all information you provide to us is true, accurate, current, complete and not misleading;
(f) promptly comply with any direction we give you and take all reasonable steps to remedy the breach, if you are in our reasonable opinion in breach of any of the subclauses in this clause 5.4; and
(g) comply with all applicable laws, including the Privacy Act 1988 (Cth).

6. YOUR ACCOUNT

6.1 You acknowledge and agree that:

(a) you are and will remain solely responsible for maintaining the confidentiality and security of your Account and password, and you accept sole responsibility for any and all activity occurring under, or arising out of, your Account;
(b) you are solely responsible for any information or material you provide to us, and for any errors or omissions in that information or material;
(c) the medical information provided by Pamela Douglas Consulting on the Pamela Douglas Consulting Websites is not comprehensive, and cannot and does not otherwise purport to take into account the physical or mental state, medical status, and/or health requirements of any individual which may be relevant to the proper diagnosis and/or treatment of any condition or disorder;
(d) all information and materials provided by Pamela Douglas Consulting on the Pamela Douglas Consulting Websites are provided as an information service only, and that the information and materials should not be relied upon as a substitute for professional medical advice;
(e) Pamela Douglas Consulting does not give, or purport to give, any medical advice to you via this website or via any of the Pamela Douglas Consulting Websites; and
(f) you will not use or act upon the information or materials provided by Pamela Douglas Consulting on the Pamela Douglas Consulting Websites without first properly consulting, and seeking independent information and advice from an appropriately qualified and experienced medical professional or practitioner in the relevant field of expertise to which the information or material pertains.

6.2 In order to help us ensure the security of Pamela Douglas Consulting Accounts, you agree:

(a) to provide your real name and information;
(b) you will not provide any false personal information on any Pamela Douglas Consulting Accounts or create an Account for anyone other than yourself without first obtaining our permission;
(c) you will not create more than one personal Account;
(d) if we disable your Account, you will not create another Account without first obtaining our permission;
(e) you will take all reasonable steps to ensure that your contact information is accurate and kept up-to-date with us;
(f) you will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account; and
(g) you will not transfer your Account to anyone without first obtaining our written permission to do so.

6.3 We may suspend or terminate your Account and access to the Platform or any Program if you breach these Terms and Conditions, misuse the Platform, infringe our intellectual property rights, or engage in unlawful, unsafe, abusive or harassing conduct. Where reasonably practicable we will provide notice of suspension or termination.

7. FEES AND PAYMENT

7.1 By enrolling or registering for any Program, you agree to pay the Fees as and when they fall due as advised in writing by Pamela Douglas Consulting or displayed at checkout.

7.2 Fees are stated in Australian dollars unless otherwise specified. Where applicable, Fees are inclusive of GST.

7.3 We use third-party payment processors. Your payments may be subject to their terms. If a payment fails or is reversed, we may suspend access to the relevant Program until payment is received.

7.4 We may change Fees from time to time. Any change to Fees will not apply to a current paid enrolment term, but may apply on any renewal or subsequent enrolment, provided the updated Fee is disclosed to you before you purchase or renew.

8. PROGRAM ENROLMENT

8.1 By enrolling or registering to study any Program:

(a) you agree to pay the Program Fees;
(b) where a Program is offered on a subscription or auto-renewal basis, your enrolment will renew automatically at the end of the term shown at checkout unless you cancel through your Account before renewal, and we will send reminder emails prior to renewal;
(c) you give consent to Pamela Douglas Consulting to make any enquiries necessary to verify the information disclosed in your application;
(d) you accept that you are required to pay the full amount of the Program Fees owed, even if you do not complete the relevant Program you have enrolled in, except where required by the Australian Consumer Law;
(e) if you do not renew your enrolment and/or registration in the relevant Program, your enrolment will be immediately suspended and access to that Program denied; and
(f) the duration of each term of your enrolment is dependent on the option you choose at checkout.

8.2 Upon receipt of the Program Fees, Pamela Douglas Consulting agrees to:

(a) provide a tax invoice which is compliant with the relevant Australian Tax Laws;
(b) provide login details to enable you to access your online Program via the relevant Pamela Douglas Consulting Website;
(c) provide you with all relevant online educational materials to commence your Program studies; and
(d) provide you with access to group sessions with a Pamela Douglas Consulting educated practitioner, subject to any limitations in respect of user booking and limited capacity for participation.

8.3 You acknowledge all of the following, in relation to Program enrolment:

(a) Program enrolment is complete when you have been issued both a username and password for online Program access;
(b) the date of enrolment will be considered the Program commencement date;
(c) the Program duration is effective from the agreed Program commencement date until the agreed Program end date;
(d) your login access will be active as at the agreed Program commencement date;
(e) you will be deemed to have commenced your relevant Program at the date and time of first login or first access to Program materials (whichever is earlier);
(f) the Program is non-transferable to another person once you have commenced your Program; and
(g) Pamela Douglas Consulting reserves its right, at its sole discretion, to terminate your enrolment and participation in a Program at any time, if:
- (i) you are found to have breached these Terms and Conditions; or
- (ii) you are found to have engaged in behaviour that is unlawful, unsafe, abusive, harassing, or that materially undermines the ethical standards set out in our Code of Ethics Policy; or
- (iii) we are required to do so by law.

9. PROGRAM MATERIALS

You acknowledge that:

(a) Program Materials are supplied in an online environment, unless otherwise stated in the relevant Program description and, once enrolment has ended, your access to the relevant Program Materials and information will be revoked;
(b) the content of the online Program Materials, including copyright and all other such intellectual property rights in or arising out of that content, are and will remain the property of Pamela Douglas Consulting; and
(c) no reproduction or distribution of any part of the Program Materials, including any articles, videos, audio, supporting documents, powerpoint presentations or handouts, may be made without the prior written consent of Pamela Douglas Consulting.

10. PROGRAM EXTENSION POLICY

No extension of the Program duration, and any access to that Program’s Materials, learning resources, trainer support, or online portal, will be granted to participants beyond the already agreed Program duration period and/or Program end date, except where required by the Australian Consumer Law.

11. CANCELLATION OF THE PROGRAM BY PAMELA DOUGLAS CONSULTING

Should Pamela Douglas Consulting cancel a Program for any reason (other than reasons that are beyond our reasonable control), any participants enrolled at the time Pamela Douglas Consulting announces the Program cancellation will be entitled to a full refund of the relevant Program Fees, and no administrative charges or penalties will apply to the affected participant of that relevant Program.

12. WITHDRAWAL / REFUNDS DURING PROGRAM

12.1 Change-of-mind refunds: If you decide to withdraw from any Program in which you are enrolled or registered and you have already commenced that Program, you will not be entitled to a refund of the Program Fees, except at our discretion.

12.2 Discretionary hardship or exceptional refunds: In the circumstance where you are required to withdraw from enrolment in a Program due to illness or extreme hardship, Pamela Douglas Consulting may, at its sole discretion, permit either a full or partial refund of the Program Fees paid by you.

12.3 In order to be eligible for a partial or full discretionary refund under clause 12.2, you acknowledge and accept that the following conditions apply:

(a) you must request a withdrawal from your Program, along with a request for refund of your Program Fees, within one (1) month of the commencement date of your Program;
(b) you must produce evidence (satisfactory to us within our sole discretion, but acting reasonably) of the circumstances of the illness or hardship to Pamela Douglas Consulting, by way of documentation such as medical certificates, a letter from a medical practitioner or other relevantly qualified medical professional, a statutory declaration, or a death certificate; and
(c) a Program cancellation fee of up to 30% of the Program Fees paid by you may be withheld by Pamela Douglas Consulting, acting reasonably. This fee does not apply where a refund is required by the Australian Consumer Law.

12.4 Australian Consumer Law: Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or other applicable consumer protection laws. If you are entitled to a refund due to a major failure, or because a Program was not supplied with due care and skill or as described, we will provide the refund or other remedy required by law.

13. COPYRIGHT PROTECTION

13.1 The Content on the Platform, including site layout, functionality, design, text and images are protected by Australian and international copyright laws. You may print or download Content from the Platform for your personal use, provided that you comply with our Code of Ethics Policy for use of our intellectual property.

14. INTELLECTUAL PROPERTY

14.1 Copyright and all other intellectual property rights in or arising out of any and all Programs and the Platform (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to Pamela Douglas Consulting.

14.2 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Platform; or
(b) commercialise any information, products or services obtained from any part of our Platform, without our prior written consent.

14.3 Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Content and Program Materials for your personal study during your enrolment term only.

14.4 You must not (and must not allow any other person to):

(a) share, resell, license, or transfer your Account or access to any Program;
(b) copy, record, screen-capture, scrape, download (other than where we expressly enable download), reproduce or redistribute any Content or Program Materials;
(c) use any Content or Program Materials to train or develop artificial intelligence models or similar technologies; or
(d) use our trade marks or branding except as permitted under clause 14.6.

14.5 Except where otherwise specified, any word or device that attaches the ™ or ® symbol is a pending or registered trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us.

14.6 You must not use any of our trademarks:

(a) in or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, brands, products or services.

14.7 Our logos and our other registered and unregistered trade marks are trade marks belonging to Pamela Douglas Consulting, and we give no permission for the use of these trade marks. Any such use by you of our registered or unregistered trade marks may constitute an infringement of our rights and we accordingly reserve all of our rights to take all available legal action to protect our intellectual property rights in respect of our trade marks.

14.8 Any third party registered and unregistered trade marks or service marks on any Pamela Douglas Consulting Website or in any Program Materials are the property of their respective owners and, unless stated otherwise in these Terms and Conditions, Pamela Douglas Consulting does not endorse and is not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

15. LINKING TO OTHER WEBSITES AND PRACTITIONER DIRECTORY

15.1 The Platform may have hyperlinks to other entities’ websites or provide information to assist you to locate independent accredited practitioners. Those sites and practitioners are not Pamela Douglas Consulting Websites and are not our employees or agents.

15.2 The provision of links, practitioner listings, or the use of a Pamela Douglas Consulting logo is not an endorsement, recommendation, approval or guarantee by Pamela Douglas Consulting of any third party, practitioner, service or goods offered, unless we say so on our websites.

15.3 We are not responsible for any services or goods offered by third parties or practitioners, or for the acts or omissions of those third parties or practitioners, or for any damage or loss incurred or suffered by you arising out of, or in connection with, your use of any link or any third-party service, except to the extent required by law. When you click on a link and leave our Platform you will be subject to the terms of use and privacy policies of the other websites you visit.

16. CONFIDENTIALITY AND PRIVACY

16.1 Pamela Douglas Consulting will take all reasonable measures to ensure that any information you provide to us, including your Account details, is kept confidential and secure, subject to our Privacy Policy.

16.2 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) and as otherwise set out in the Privacy Policy.

17. DISCLAIMER AND LIMITATION OF LIABILITY

17.1 All Content is provided "as is" and without warranties of any kind, either express or implied.

17.2 Pamela Douglas Consulting does not warrant that the functions contained in any Content or your access to the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform or the server which stores and transmits Content to you are free of viruses or any other harmful components.

17.3 Pamela Douglas Consulting does not warrant or make any representation regarding your access to, or the results of your access to, the Platform (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

17.4 Under no circumstances (including any act or omission on the part of Pamela Douglas Consulting) will Pamela Douglas Consulting 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 Platform or any Content contained therein.

17.5 Pamela Douglas Consulting expressly disclaims all responsibility for, and liability in respect of, any adverse circumstance which arises as a consequence of your failure to obtain a proper medical examination or advice from a qualified medical professional. The opinions expressed by any health professional on this Platform are those of the relevant health professional and not that of Pamela Douglas Consulting.

17.6 Pamela Douglas Consulting 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 Pamela Douglas Consulting via the Platform. However, to the maximum extent permitted by law, Pamela Douglas Consulting 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 the Platform. Where you are entitled to guarantees under the Australian Consumer Law, and Pamela Douglas Consulting has not complied with one or more of such guarantees, we limit our liability to supplying the relevant good or service again, or paying the cost to have the good or service supplied again, except where the law requires a different remedy.

18. ENTIRE AGREEMENT

18.1 These Terms and Conditions, together with our Privacy Policy and Code of Ethics Policy, shall constitute the entire agreement between you and Pamela Douglas Consulting in relation to your use of the Platform and shall supersede all previous agreements between you and Pamela Douglas Consulting in relation to your use of the Platform.

19. LAW AND JURISDICTION

19.1 These Terms and Conditions and any contract under these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. Any disputes relating to these Terms or any such contract (and the subject matters to which they relate) shall be subject to the exclusive jurisdiction of the courts of Queensland and you agree to submit to the courts of that jurisdiction.

19.2 If you access the Platform from outside Australia, nothing in these Terms and Conditions excludes mandatory rights you may have under the laws of your country of residence.

20. GENERAL

20.1 If any provision of these Terms and Conditions is held to be invalid or unenforceable, it may be severed and the remaining provisions will continue in full force and effect.

20.2 A failure by us to enforce any right under these Terms and Conditions is not a waiver of that right.

20.3 You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations at any time.

20.4 These Terms and Conditions are given in English and all communications will be in English unless otherwise required by law.