DISCLAIMER

[Last updated 9 July 2021]

This disclaimer is for the website https://www.pamhird.com and any programs, blogs, social media platforms, members areas, podcasts or other digital services delivered by or related to Pam Hird (collectively called ‘services’).

You acknowledge that in delivering our services we may interact with you in a personal (one-on-one) basis or in a group setting.

For all services:

Our services may contain a range of information sourced and presented by Pam Hird based on her qualifications and experience as a Naturopath, Nutritionist, Herbalist and Personal Trainer. These are impressive qualifications however her information does not replace medical advice. You must seek professional medical assistance if you are concerned about your health, including your mental health.

This might include seeing your general practitioner or a psychiatrist or similar medical professional. You should never hold off or delay seeking treatment based on information supplied by our services. You should not vary or stop following directions given to you by a medical practitioner based on information supplied by our services.

The content in the services is made available in good faith and for general informational and educational purposes only. Unless specifically stated in a one-on-one session with you, the information is not specific for you, does not consider any underlying conditions you may have and may not be suitable for your specific circumstances.

Case studies or examples provided may not be typical. You are solely responsible for any use you make of the material provided.

We are not responsible for any information supplied as part of the services being misleading or misinterpreted by you nor for any application you make of the services.

Information provided in a personal session: In addition to the above parts of this disclaimer, where we do consider your circumstances, for example in a one-on-one session, we rely on the information you tell us. We are not responsible for errors or omissions nor are we required to consider information, laws, facts or circumstances outside of what you have directly discussed with us.

TERMS OF USE

[last updated 9 Jul 2021]

By using this website, you are agreeing to be automatically bound by these terms and conditions, including our privacy policy and disclaimer [please see this page to reference both of these]. We encourage you to carefully read and understand these terms before using the website or any of our services. If you don’t agree, your remedy is to stop using our website.

If you sign up to one of our programs, there will also be further terms that relate to that program. We may update our terms from time to time and the new provisions will apply from the date they are updated. We have included a ‘last updated’ date at the top of these terms to help you keep track of any changes.

Contact us:

Name: Pam Hird ABN 75 638 689 255

Website: Means https://www.pamhird.com and includes any related blogs, social media platforms and members areas

Email: hola@pamhird.com

Feedback, Comments or Complaints

If you have any questions, please contact us using the above details and we will usually respond to all enquiries within two business days.

No Unlawful Or Prohibited Use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

Use the website as a lead generation tool or in any other way for the benefit of your own business,
Use the website in a manner damaging to our website or detrimental to our business or our business reputation,
Engage in any internal or external spamming, or other similar actions,
Engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions,
Decompile, reverse engineer, or try to copy or imitate this website or underlying content.

Links Disclaimer

This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control, and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Promoted Services Disclaimer

If we promote third party products or services via our website, it is because we believe the product or service has worth. It may also be because they have supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services. Not all products or services may be suitable for your needs. We do not endorse any third party product or service displayed or linked from our website.

Health Disclaimer

Please refer to our website disclaimer for health. Please see above (on this page) to reference the disclaimer

Copyright, Trademarks and other Intellectual Property

We own the intellectual property rights in the contents of this website or have permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please contact us if you require permission to reproduce any of the contents of this website.

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on this website may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on this website are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

Permission: Where we have made material available to do so, you may access, download, or print material from the website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot share, give-away or resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the website content or our intellectual property.

Your Content

You warrant that you hold the necessary rights and interests to use any material you add to our website or social media pages (your content) and that no part of your content infringes any third party confidentiality, privacy or intellectual property rights, including copyright and trademark rights.

By submitting your content to our website, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for our business purposes, now or in the future. You indemnify us against any claims made for breach of confidentiality, privacy or intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of ourterms. We are not obligated to monitor content posted by users or to return any of your content to you under any circumstances.

Copyright Infringement

If you believe there is material on our website that infringes third party intellectual property rights, please contact us using our contact details above with sufficient information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from our website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

While we make efforts to maintain the security of our website, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services as well as our own internal scheduling. As a result, the website may be inaccessible from time to time.

Limitation of Liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

Indemnity

You agree to indemnify and defend us from any actual or potential claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

Any content you post via this website, or
Your unauthorised use of this website, or products or services included or advertised on this website, or
Your breach of these terms.

Applicable law

This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to our email address listed in the ‘contact us’ section above. We may provide notice to you via email or other electronic means.

Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as aresult of this agreement or your use of this website.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions together with our privacy policy, disclaimer and any other legal notices or terms displayed on our website or entered into with you, form the entire agreement between you and us in respect of your use of this website.

PRIVACY POLICY

[Last updated 9 July 2021]

Welcome.

This privacy policy sets out how Pam Hird and her business handle your personal information. We do our best to comply with Australian privacy legislation. We take your privacy seriously and we do not sell or give away access to the personal information you provide to us. If you have any questions about the personal information we hold about you, please use our contact details below to get in touch.

This policy applies to personal information collected via use of our website, related blogs and social media platforms, podcasts and digital based programs or content we offer.

We may update our privacy policy from time to time and the new policy terms will apply from the date we upload them to our website. We have included a last updated date above to help you keep up to date with any changes.

Contact us:

Name: Pam Hird ABN 68 095 104 379

Website: Means https://www.pamhird.com and includes any related blogs, social media

platforms and members areas

Email: hola@pamhird.com

Staying Anonymous

You can browse this website anonymously. If you identify yourself to us, for example by providing your email address for a resource download or enquiry, at that point we will collect your personal information. For services we offer that require bookings, accessing our resources or making payments, you will need to identify yourself so that we can provide the service.

Collecting Personal Information

At all times we try to only collect the minimum information we need to provide you with requested services or let you know about our services or what we are up to. If we are helping you in a one-on-one session about fatigue or other issues impacting your day-to-day living, we may need to collect a range of personal information about you as well as about others around you. This is necessary so we can see the bigger picture of what is going on in your life. By agreeing to this policy and using our services, you are telling us that you have any necessary consents to share personal information of others with us.

The main way we collect personal information about you is when you give it to us, for example:

When you contact us or use our services
When you submit information to our website
When you ask for access to information we hold about you

You agree that we may retain any of your personal information indefinitely, although we are not obliged to do so.

Indirect Collection

Generally, we only collect information directly from you. If you have provided your consent, we may collect information from others. For example, if you arrange blood tests through your GP and we receive this information directly. If you are involved in group activities with us including online programs or groups, please be aware that personal information shared by you in these settings cannot be kept private. Please be mindful of any personal information you share in a group setting.

Testimonials

If you provide us with a testimonial, you give us your consent for the use of your name and the and the date to be displayed on our website or in our other marketing material, together with the content of the testimonial that you provide. Please note that we cannot display information about clinical outcomes of our work. If you do provide testimonials, please keep your testimonial information about non-clinical aspects eg your enjoyment of the course, approachability of the presenter or how accessible information was.

Social Networking Services and Links To Other Websites

We may provide links to other websites or use social networking services such as Facebook, Instagram and LinkedIn to communicate with the public about our work. These sites have their own privacy policies. When you communicate with us using these services, we may collect your personal information. The social networking service will also handle your personal information for its own purposes.

Collecting Sensitive Information

Generally, we do not actively collect sensitive information about your, racial or ethnic origin, political opinions, religious beliefs, sexual orientation or criminal history. In on-on-one sessions, we will likely collect information about your health, and we may ask you about other sensitive personal information directly if we reasonably believe it is relevant. It is always optional if you choose to share this information with us or not, however we may not be able to deliver all of our services if you choose not to share information important to your health. We will take steps to appropriately protect any sensitive information we do receive.

How We Use Cookies and Other Identifiers

We use a range of tools provided by third parties including search engine browsers and our web hosting company, to collect or view website traffic information. These sites have their own privacy policies. We also use cookies and session tools to improve your experience when accessing our websites.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Some website features may not function properly without cookies.

The information collected by these tools may include the IP address of the device you are using and information about sites that IP address has come from, the pages accessed on our site and the next site visited. We use the information to help to track your use of our websites to improve your user experience and the quality of our services. We may also use this information for tailored advertising. To find out how to opt out of tailored advertising please check the options available here - http://www.networkadvertising.org/choices/.

Security and Overseas Recipients

We rely on third party providers to process and store the information you have provided to us securely. We use appropriate password and security protection for our systems and aim to only use reputable third-party service

providers.

Where we keep hard copy records, this information is stored in Australia utilising secure storage areas, locked access and access restricted to nominated staff.

No system can be 100% safe though and we accept no liability for interference with your data.

Our third-party providers may store, mirror or copy your personal information to locations outside of Australia. Other Countries may not have the same level of privacy protection as Australia does. Be agreeing to this privacy policy, you are consenting to your personal information crossing international borders in this manner.

We use Square as our payment platform partner, and we do not directly store your financial information. You can view the privacy policy for Square here: https://squareup.com/au/en/legal/general/privacy-no-account.

Our CRM manager, Active Campaign, may access your personal information stored in our data base for the purpose of automated or direct emails and Facebook advertising. You may opt out of receiving emails from us by using the ‘opt out’ function within our emails.

Disclosure

In addition to using your personal information for the intended purpose you have provided it for, or a reasonably related purpose, we may also use or disclose your personal information by:

Allowing access to it during services provided to our business (for example, IT services)
Allowing access to appropriate and competent advisors (for example, our accountant)
For the purpose of obtaining advice (for example, for legal or professional advice)
If there is a dispute over payments or a suspected or actual breach of our terms of service
If we are required to disclose it by law
If you direct us to share your personal information with another person (for example, if you ask or agree for us to refer you to another practitioner)

Accessing and Correcting Your Personal Information

You may request copies of the information we hold about you, which will only be provided electronically. You have the ability to make a request to amend or correct that information. If we do not agree with your requested change, we will keep a copy of your request with our information and will let you know the reasons why.

Problems?

If you have any concerns about our use of your personal information, please use our contact details above and let us know what the problem is. We will respond to your concerns within 30 days.

If you are not happy with how we manage your concerns, you can contact the Australian Privacy Commission,available at http://www.oaic.gov.au.

PROGRAM TERMS & CONDITIONS

[Last updated 9 July 2021]

For in-person services (consultations from our bricks and mortar business), we have different terms of service. These program terms and conditions apply to our digital programs. By agreeing to these terms, you also agree to our website terms of use, disclaimer and privacy policy [link these documents]. Specifically, there are important clauses in our terms of use about intellectual property, limitation of liability and indemnity and these clauses also apply to your use of our programs.

We may update these terms and conditions from time to time and the updates will apply from the time they are posted to our website (or sent to you via email if we are unable to post them on our website in an accessible manner). We have included a ‘last updated’ date at the top to help you keep track of any changes.

Creating your account

You must create an account to purchase a program. Once your payment has been processed though our system, we will issue you with a username and password. You must be over 18 years old to create an account and use our services.

When creating an account, you agree:

to provide true and correct details when you set up your account. Please make sure you provide the correct mailing address as we will use this address to send out your tonic. Tonics can only be mailed within Australia. If you purchase the program and live outside of Australia, your program will not include a tonic.
to keep your username and password secure and confidential and not to share your access with anyone else,
to accept electronic communications from us (you may unsubscribe from these at any time however if we cannot email you this may impact our ability to supply the services you have requested),
to keep your contact details up to date,
not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, including our presenters, other members or our staff,
to be respectful of others, including those who have different opinions or ideas to you,
to make any payments due associated with your account when they are due,
to comply with the intellectual property clause in our website terms of use and to respect the intellectual property and copyright in our course, program or product, and
to contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach.

We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.

You may use your account on more than one device however we may use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts. If we suspect you have shared your log-in details and, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account with no refund of membership payments, and to prohibit you from opening a new account.

Intellectual property

Our intellectual property includes, without limitation, our course material, webinars, zoom meetings, videos, presentations, podcasts, website copy, course content, resources, designs, business practices, ideas and similar important information to our business. In addition to your obligations in our website terms of use, you agree you will not share your access to our paid content or membership area (either for free or for money), you will not make a similar product to any of our products, and you will not use parts or all of our intellectual property to create derivative or similar works. You further agree you will not in any other manner use our intellectual property for your own commercial gain or benefit or in a manner that is or could be detrimental to our business or reputation or the reputation of Pam Hird.

Purchasing Products

We use third party payment platform Square to manage payments. We do not directly receive or store your credit card or other financial information. Unless otherwise stated, amounts shown on our website are in $AU. Prices for our products sold on other ecommerce sites (if any) may have the price shown in a different currency.

Course or program inclusions are shown on our website. Please carefully read the inclusions prior to purchase as we do not offer refunds for change of mind.

Where we have included ‘bonuses’ with a program, the bonuses may include third party products. We offer the bonuses in good faith, on the reasonable belief that we are able to supply them as advertised, however we are not responsible for errors or omissions by third parties.

Where bonuses include yoga or pilates content, you use this content at your own risk. Yoga and pilates are both physical activities that may not be suitable for every person. You must assess the suitability of these items for your personal circumstances and are responsible for your own safety when using these tools.

You can purchase access to digital programs from our website. The program inclusions will be made available to you after purchase. Where indicated, content will be released in accordance with the indicated time-frame (eg 2 x 15 minute sessions per week). Sometimes, with live sessions, there may be presenter, access or delay complications experienced due to the third party and individual services we use to provide the program. Where the fault is at our end, we will re-run the session at an alternative time slot. You are responsible for connecting to the digital sessions.

We aim to include the advertised content and inclusions in the program, however we reserve the right to substitute an item or content for a similar or better item or content if required.

One-on-one sessions

If you have received a bonus one-on-one session with Pam Hird as part of your program payment, please contact us on 0413 979 096 to book your session. Sessions will generally be delivered electronically (eg via Zoom) however, if you live in Brisbane, you may be able to attend our in-person clinic (subject to availability). Once booked, you may only make one change to your booking time slot, and you must provide at least 7 days’ notice to make the change. ‘No shows’ or cancellations or changes outside of these terms, will forfeit the one-on-one session.

Blood tests

The program includes an analysis by us of your blood tests. We can use test results you have obtained within the prior 6 months, or we can provide you with information you need to take to your own GP to request new blood tests. Any cost you incur for your blood tests is your responsibility.

When we review blood tests, we are only looking at the specific parameters applicable to our program and are making our review from a naturopath/nutritionist point of view, not that of a medical practitioner. If there is other information in your test results, we are not reviewing, nor commenting on, that other information. If you have further questions about your blood test information, you will need to consult your own GP.

Payments

Payments are required in full prior to user access information being supplied. Where we allow payments to be made in 2 instalments, you are still agreeing to pay for the full course. By committing to the first payment, you agree to pay the complete agreed second instalment, whether you utilise the full content or not.

You may have noticed the course is cheaper if you pay for the full amount up front. The difference in price reflects the decreased administrative costs to our business for following up and processing instalment payments.

What does ‘lifetime access’ mean?

If you have purchased a product or program with lifetime access, we aim to offer lifetime access. As at the date of these terms and conditions we believe we can do this. You acknowledge that circumstances may change in the future where our on-line services are discontinued or access to particular content is no longer available. As most participants can fully utilise the resources within 12 months, if we decide to discontinue our services or any specific content, we will provide at least 12 months’ notice that the service or content is coming to an end before disabling access.

‘Lifetime access’ does not apply to all components of our programs or to all versions of a program we offer. Please check the program inclusions shown on our website at the time of purchase to determine if ‘lifetime access’ applies to any part of the program you are purchasing.

‘Lifetime access’ generally applies to content only. For example it does not include on-going access to Pam Hird and does not apply to consumables including herbs or tonics.

Refunds

Please carefully review the course inclusions and read the FAQ’s on our website prior to making a purchase as we do not offer change-of-mind refunds for on-line programs, whether you choose to participate in the program or not. This is due to the digital nature of our products. If you choose not to participate in the program, choose not to use any bonuses or choose not to access content, no refund will be given.

You agree to pay any applicable surcharges and time based administrative costs we incur based on your method of payment or if we have to follow you up for missed or dishonoured payments. This may include direct dishonour fees if applicable (for example if you subscribe to a service with a second instalment payable and a dishonour fee is charged to us for an attempted payment) or time-based administrative costs.