TERMS AND CONDITIONS

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Mother of the Woods’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

Nutritional Therapy Descriptor

“Nutritional Therapy” is the application of nutrition science in the optimisation of health. Nutritional therapy practitioners use a wide range of tools to assess and identify potential nutritional imbalances and understand how these may contribute to an individual’s symptoms and health concerns. This approach allows them to work with individuals to address nutritional balance and help support the body towards maintaining health. Nutritional therapy is recognised as a complementary medicine and is relevant for individuals looking for support to enhance their health and wellbeing.

Practitioners consider each individual to be unique and recommend personalised nutrition and lifestyle programmes rather than a ‘one size fits all’ approach. Practitioners never recommend nutritional therapy as a replacement for medical advice and always refer any client with ‘red flag’ signs or symptoms to their medical professional. They will also frequently work alongside a medical professional and will communicate with other healthcare professionals involved in the client’s care to explain any nutritional therapy programme that has been provided.

Client Agreement

(Capitalised terms are defined below and have the meanings ascribed to them herein)

You irrevocably agree that when you attend a Consultation provided by Mother of the Woods you will be deemed to enter into this Agreement which automatically becomes a binding Contract between you and Mother of the Woods and applies to your participation in the Services.

These Terms

These are terms and conditions on which we will supply the Service to you. Please read these terms carefully before submitting an application to Mother of the Woods.

In these terms and conditions, the definitions shall apply:

• Conditions means the terms and conditions set out in this document as amended from time to time;
• Contract or Agreement means the contract between us and you for the supply of the Services in accordance with these Conditions;
• Consultation means the ongoing sessions with the Nutritional Therapist provided as part of the Services.
• Nutritional Therapist means Lia de Lancey or individuals employed or engaged by the Mother of the Woods to provide the Services;
• Services means the provision of nutritional therapy, as described in the above descriptor and as agreed between us and you including but not limited to a Consultation (or an initial Consultation).

A reference to a particular law or regulation is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

Mother of the Woods
Mother of the Woods is operated by Lia de Lancey, Dip Nutritional Therapy and Qualified Mineral Nutritional Balancing practitioner. Lia de Lancey is registered as a Nutritional Therapist with NTOI (Nutritional Therapists of Ireland, ntoi.ie).

The Services

General

We will provide the Services as agreed between you and the Nutritional Therapist. We will use suitably qualified nutritional therapists to provide the Services and will provide the Services with due care, skill and ability.

You assume all responsibility for declaring any physical and/or medical limitations which may affect your ability to participate in the Service and for checking with your medical practitioner, physiotherapist, or other health care professional for medical readiness prior to participating in any of the Services.

Any Consultation between you and our Nutritional Therapist which is conducted as part of the Services shall be conducted in privacy and confidence.

We may have to make changes to your Consultation or programme, or suspend the Services:

• to deal with technical problems or make minor technical changes;
• to reflect changes in relevant laws or regulatory requirements; or
• to make minor improvements to the Services.

Other than as set out in these terms and conditions, all warranties and representations are excluded to the fullest extent permitted by law. We do not guarantee any particular results.

Client acknowledgements and obligations

We request that all clients particularly note the following provisions contained in these terms and conditions.

You acknowledge and agree that:

The degree of benefit obtainable from Nutritional Therapy may vary between clients with similar health problems and following a similar nutritional therapy programme;
nutritional advice delivered as part of the Services will be tailored to support health conditions and/or health concerns identified and agreed upon between both parties;
Our Nutritional therapists are not permitted to diagnose or claim to treat medical conditions;

• nutritional advice is not a substitute for professional medical advice and/or treatment;
• you are obliged to inform us of any changes which may occur to your medical records, medication or health during the term of the Contract;
• the Services are intended to encompass your requirements as much as possible. Whilst every effort is made to ensure the Services are both safe and effective, there is a risk of adverse outcomes from a nutritional protocol and you acknowledge and agree that you are taking part in the Services of your own free will and are aware of the risks as stated by the Nutritional Therapist and/or the Clinic;
• the advice or recommendations which you will receive from the Nutritional Therapist and/or the Clinic are not a substitute for medical advice from a qualified doctor;
• the advice or recommendations which you will receive from the Nutritional Therapist and/or Clinic is personal and applies to you only. This same advice may be ineffective or even harmful when applied to other people with different backgrounds;
• any changes in your diet and lifestyle may produce effects in your body, energy, health, and condition that are gradual in nature – not instantaneous;
• the advice you shall receive will not be enough to achieve your nutrition or lifestyle goals unless you follow it diligently and commit to it fully;
• we cannot guarantee a successful outcome of the Services, and although we will help you achieve your goals we do not warrant or represent that you will fully attain such goals due to factors outside of our control;
• once you have completed a nutrition programme recommended by the Nutritional Therapist and/or the Clinic, the recommendations made during the programme may no longer be appropriate and no advice or recommendation shall be applicable after the termination date of the nutrition programme. If you choose to continue with the nutrition programme beyond termination, this is at your own risk.

In addition to the provisions previously stated in these terms and conditions, you further understand and agree that:

• you are responsible for contacting your GP about any health concerns you may have;
• any information or guidance which the Nutritional Therapist provide is not a substitute for the consultation, diagnosis and/or medical treatment of your GP or healthcare provider;
• you give permission for the the Nutritional Therapist to contact your GP regarding any agreed aspect of your nutritional programme;
• if you are receiving treatment from your GP, or any other medical provider, you should tell him/her about any nutritional strategy provided by the Nutritional Therapist;
• you will tell the Nutritional Therapist about any medical diagnosis, medication, herbal medicine, or food supplements, which you are taking as this may affect the nutritional programme.

Prior to any Consultation as part of the Services, you must submit all information as requested by Mother of the Woods via phone, email, in-person, or by any other means of communication as is reasonably necessary.

You warrant and represent that:

• all information provided by you is true, accurate and up to date;
• you will communicate to the Nutritional Therapist any changes in your medical prescriptions, medical records, herbal prescriptions, supplements, or treatments for the duration of the Services;
• you must inform the Nutritional Therapist and the Clinic promptly if any of the new changes in diet or lifestyle cause adverse effects.

Your registered GP remains your primary care physician and the appropriate contact in a health emergency. If you are unclear about the agreed nutritional therapy protocol/food supplement doses/time period given by the Nutritional Therapist, you should contact us promptly and not proceed until you have received clarification.

Fees, Payment and Bookings

The fees for the Services are detailed in the invoice which is provided to you.

The fees are inclusive of VAT, which we shall charge at the appropriate rate.

The fees for the Services must be paid in advance. You may make payment in full or by way of monthly instalments as agreed with Mother of the Woods.

For any package bookings (for example, 3 or 6 month advance bookings of a nutritional programme), the fees must be paid in full for each month in advance, or the total amount payable in advance.

No Consultation, timeslot or position is reserved until payment is received.

You must pay all fees for the duration of your selected Service, regardless of whether you attend or fail to complete the Service.

All payments must be made in a timely manner. If you do not make any payment due to us by the due date we may:

• suspend the Services until such payment is made; or
• charge interest to you on the overdue amount at a rate of 4% a year above the base lending rate of Bank of Ireland from time to time. This interest shall accrue on a daily basis from the due date until the date of payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.

All Consultations must be booked at least 48 hours’ in advance directly between you and Mother of the Woods. No Consultation shall be considered booked until you receive written confirmation from Mother of the Woods via email.

Upon termination of the Contract for any reason, you shall immediately pay unpaid fees which are due for Services provided.

Refund, Reschedule and Cancellation Policy

For most of our Services bought online, you have 14 days after the date we confirm your order to change your mind about the Contract, but if you cancel the Contract before the Services have been fully performed, you agree that you will pay for the supply of the Services for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison to the full coverage of the Contract.
If you change your mind, contact Mother of the Woods at info@motherofthewoods.com. We will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We will refund you by once you have provided Mother of the Woods with your bank details. There may be bank fees incurred for transfers.

Cancellations of any of the booked Services are accepted up to 48 hours in advance, and substitute Consultations may be booked (subject to availability). If you have booked a package, all substitute Consultations must be booked before the expiry of such programme.

Cancellation with less than 48 hours but more than 24-hours’ notice will receive a 50% refund of the deposit paid for the cancelled Service.

Cancellations within 24 hours of the booked Service is forfeited in full. If you are unable to attend a Consultation due to circumstances out of your control, Mother of the Woods will determine on a case-by-case basis whether a Consultation credit may be offered.

Additional evidence may be requested (e.g., a Medical Letter, evidence of flight delay etc).

No refunds will be offered for any cancellation less than 24 hours prior to the Consultation.

Cancellations must be made by phone call or email. Any rescheduled Consultations as a result of a cancellation may be delayed by several weeks depending on the nutritional therapist’s availability.

There may be occasions where we stop providing a Service or cancel a Consultation. We will refund any sums you’ve paid in advance for Services which won’t be provided or re-schedule the Consultation for a mutually agreeable time.

We can end our Contract with you and claim any compensation due to us if:

• you don’t make any payment to us when it’s due and you still don’t make payment within 14 calendar days of our reminding you that payment is due;
• you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Service.

If our supply of the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can end the Contract and receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred.

If you breach any of your obligations in these terms and conditions we will be entitled to suspend and/or terminate your access to the Services, at our sole discretion.

In the event of a suspension, or termination, in accordance with these terms and conditions, you will not be entitled to a refund of fees paid.

Data Protection

How we use any personal data you give us is set out in our Privacy Notice.

Please read this before signing the Contract.

All Client data is kept on file for 7 years and the client has the right to request access until that time. All documents shared and secured in accordance with GDPR requirements. Sending documents via email does not guarantee security and is done so at the Client’s risk.

If required, the information you share with your Nutritional Therapist may be shared with your GP to assist in appropriate investigations and/or to make them aware of your health. It is a requirement, by the Nutritional Therapists’ regulators (NTOI), to make GPs aware of any symptoms considered a red flag. If you do not accept this, we will not be able to continue with this Agreement. Your information may be shared with third-party healthcare providers, including supplement companies and testing companies, as we support you with Nutritional Therapy.

Confidentiality and Intellectual Property

All content, materials and information provided to you by the Nutritional Therapist as part of the Services, and intellectual property rights within the same, are confidential and Mother of the Woods shall retain all right, title and interest in and to the same and shall belong exclusively to Mother of the Woods. This includes, without limitation, trademarks, database rights, copyright, rights in designs, rights in know-how, confidential information, patents and rights in inventions, and any right or form of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world registered or unregistered.

You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content, materials or information that we use in the Consultations.

Mother of the Woods grants to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the content or material used in the Consultations for your personal use for the purposes for which the Consultations were provided only.

You acknowledge that rights in the Clinic Material are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Clinic Material or documentation other than the right to use the Clinic Material in accordance with these terms and conditions.
You may not without prior written consent of the Nutritional Therapist make any audio or video recording.

Limitation on Liability

Nothing herein shall limit Mother of the Woods’ liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

You expressly assume all risks of taking part in the Consultations, including but not limited to the risks of trying new foods, supplements, exercises and making lifestyle changes.

Due to the nature of Nutritional Therapy and lifestyle medicine, we do not guarantee any particular results. The degree of benefit obtainable from the programme may vary between clients with similar health problems and following a similar health programme. As with any endeavour, success is dependent on many factors, most notably your personal motivation, commitment and openness to following the programme.

We shall not be liable for any unforeseeable or business losses. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

We have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity. To the maximum extent permissible at law, our aggregate liability to you in connection with these terms howsoever arising in contract, negligence or otherwise, is limited to €250.

The provisions of this clause shall survive termination of this Agreement.

Entire agreement

You acknowledge and agree that the Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services.

Variation

No variation of the Contract shall be valid unless it is in writing and signed by or on behalf of each of us.

Assignment

You agree that the Contract is not transferable or assignable.

Counterparts

The Contract may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

Third party rights

A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to the Contract.

Governing law and jurisdiction

The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Irish law.

The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

SITE USE

By visiting motherofthewoods.com you are consenting our terms and conditions as set out below. Should you not wish to accept the terms and conditions of this Site in full you should cease using this Site immediately.

This website, motherofthewoods.com, will be referred to as the “Site”. All visitors to the Site will be referred to as “User” “You” or “Your”. As a user, you will be bound by these Terms of Use which may also be referred to from time to time as Terms and Conditions. The terms “We” “Us” and “Our” refer to The Nutrition Clinic. Accessing and using the Site constitutes acceptance of the Terms of Use.

By using this Site you agree to the Terms and Conditions without modification. We reserve the right to amend the Terms of Use of this Site and on doing so we will update these Terms and Conditions.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

This website uses cookies to monitor browsing preferences.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

The content on this Site does not constitute nutritional therapy advice. Should you require advice under any of these heads then you should contact a professional directly. Viewing the information on this Site does not constitute a contractual relationship between you and us.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Ireland.

This Site is intended for use by persons who are a minimum of 18 years old.

You must not copy, share or disseminate the information on this site which is subject to copyright for which all rights are reserved.

This Site is directed to people residing in the Republic of Ireland. We do not represent that the content will be available or appropriate in other locations. This Site is written in English and we do not take responsibility for any translations which are applied to this Site.

In using this Site you may encounter comments and/or content supplied by other users. The information contained within user comments is not verified or approved by us. The views expressed by other users on the Site do not represent our views or values.

We do not guarantee the availability of any Site or content. We reserve all rights to withdraw, suspend or restrict the content at any time for any reasons.

We do not guarantee that this Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

TERMS

The content on this Site, and the associated social media channels and email marketing, will include information on Nutritional Therapy. All content is intended for informational purposes only. None of the content in emails, blog posts or social media posts should be construed as specific nutritional, dietary or medical advice.

In addition to these Terms of Use please be aware of our Privacy Policy and Terms and Conditions of Sale which include key terms which are set out separately on our Site.

INTELLECTUAL PROPERTY RIGHTS

This Site contains intellectual property created and owned by Lia de Lancey, Mother of the Woods unless otherwise stated. The Intellectual Property includes all content on the Site. Content means any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails. All photographs and videos on this website and the connected social media channels are subject to copyright.

No permission is given to directly reprint or republish the site content in part or in full without acknowledgement and links back to the original page or content source. At no point are you entitled to claim rights over our intellectual property.

Should you wish to utilise the content on this Site please contact info@motherofthewoods.com to make your request. You must receive written permission to repurpose, copy and/or modify any content on this Site, or content which is shared to you by email or on social media.

If you are granted permission to share content from this Site or our social media channels please link back to the specific website page and let us know that you have shared the piece so that we can share your piece with our audience.

For all copyright requests please contact info@motherofthewoods.com.

COOKIES POLICY

This Site uses cookies; small files of letters and numbers that are automatically placed on your machine – if you agree – to help our Site provide a better user experience.

Cookies do not typically include identifying personal information but cookies may also be linked to personal information which is stored about you.

We use cookies to retain your user preferences, store information from elements of our Site such as shopping carts, and to provide anonymised tracking data to third party applications such as Google Analytics. These cookies are likely to be analytical/performance cookies or targeting cookies. We have no control over third party cookies.

In general, cookies should make your browsing experience better. You may prefer to disable cookies for this Site which you can do by disabling cookies in your browser. We suggest following the steps via the ‘Help’ tool of your browser. Please note that if you change your browser settings to block all cookies (including essential cookies) you may not be able to access some or all of our Site.

Except for essential cookies, all cookies expire within a reasonable period of time.