Terms and Conditions
Terms and Conditions
1 INTRODUCTION
- These Terms and Conditions set out the Terms and Conditions upon which the Dietitian is to provide the service to you and will apply to the exclusion of all other terms and conditions (other than those which cannot lawfully be limited/excluded such as any rights which you are entitled to as a consumer). Any variation/addition to these Terms & Conditions will only be valid if they are made in writing and signed by the Dietitian. In these Terms & Conditions the following words and expressions mean: (a) charges means the charges of the Dietitian which are payable by you for the provision of the service as initially advised to you prior to you placing our order for the service; (b) Dietitian means Jess Willow RD, Limited Company Willow Nutrition email: jess@willownutrition.ie. (c) Service means clinical dietetic consultation services and (d) you mean the individual service user booking the service from the Dietitian.
- Jess Willow RD reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued use of the Services will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the website.
2 CHARGES
- Payment of all services is required in advance and the Dietitian shall be under no obligation to provide the service to you unless and until service fees have been paid. In the event that the Dietitian agrees to accept payment of the charges in arrears, in instalments or to commence provision of the service prior to you making payment then the Dietitian will be entitled to suspend or terminate the provision of the service without liability to you if you fail to make any payment as previously agreed.
3 PROVISION OF THE SERVICE
- The service is available to those aged over 18 years of age or to individuals aged under 18 years of age with parental consent.
- The service consists of the provision to you of individual diet and nutrition related advice and consultations. This includes the collection and assessment of information relating to your current diet and the making of recommendations as to how to adjust your diet to address your goals or concerns. However, it is not possible to guarantee that any specific result will be obtained as a result of availing of the service.
- Following receipt of payment, the Dietitian will agree with you a mutually convenient time for any consultations to be provided as part of the service.
- The service does not include (and the Dietitian shall be under no obligation to provide to you) any services which it would be unlawful, illegal or unethical to provide or which would require the Dietitian to act in breach of any code of conduct or other regulation to which she is subject. Such services include, but are not limited to: advice on the use of illegal substances or the misuse or abuse of any medications or the treatment of any diagnosed eating disorder (unless such treatment is provided in combination with other health care professionals in accordance with all applicable treatment guidelines).
4 SERVICE STANDARDS
- The Dietitian ensures that as at the date of your order she is a registered Dietitian (registration number DI015640) and will maintain all professional registrations which may be required from time to time to enable her to lawfully provide the service to you.
- The Dietitian shall provide the service to you using reasonable skill and care and in accordance with all legal and regulatory obligations which apply to the Dietitian and the service.
5 LIABILITY
- The Dietitian does not seek to limit or exclude in any way her liability for: (i) death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii) for any rights which you are entitled to when dealing as a consumer; (iv) for any remedial action which any regulatory authority having jurisdiction over the Dietitian may order her to carry out; (v) and for any other liability which cannot lawfully be limited or excluded.
- Save as otherwise provided for under Clause 5.a, the maximum liability of the Dietitian to you in connection with the provision of the service and any breach by the Dietitian of these Terms and Conditions shall be limited to the value of the charges actually paid by you to the Dietitian.
6 CANCELLATION AND REFUNDS
- We ask that you give at least 48 hours notice for any change or cancellation of appointment or programme appointment. We ask that this is one in advance by writing in an email to the Dietitian at jess@willownutrition.ie. If you wish to cancel a one off appointment you will be entitled to a full refund of any charges already paid by you. If you have signed up to a programme of appointments and cancel within 48 hours you will be eligible for a full refund of the fee paid for the programme.
- If you cancel an appointment or programme appointment within 24hrs of the agreed appointment time, then you will be entitled to a refund of 50% of any charges already paid by you.
- If you fail to attend the appointment or consultation at the agreed appointment time without any prior notice to the dietitian then you will not be entitled to any refund or credit of the charge paid for that appointment or consultation.
- If you have committed to a Willow Nutrition programme and have opted to pay in instalments, you have agreed to complete all payments on time as agreed with the Dietitian. If you decide not to proceed with a programme for reasons other than the Dietitian not supporting you in line with Service Standards then payment in full for the remaining balance of the package is required and will be charged.
- In addition to the cancellation rights provided under Clause 6.a and 6.b, you are free to cancel or terminate the provision of the service at any time and for any reason. However, no refund will be payable to you of any charges paid in advance (or those outstanding) unless the Dietitian agrees at her discretion to do so or where you have terminated the provision of the service because the Dietitian has breached these Terms and Conditions.
- Provided that doing so does not cause her to breach of any code of conduct or other regulation which she is subject to, the Dietitian may terminate the provision of the service at any time and should she do so, you will receive a refund of any advance charges already paid by you for services which have not yet been provided. The Dietitian shall not be required to provide any such refund if her reason for terminating the provision of the service is: (a) because you have requested the Dietitian provide any service to you which it would be illegal, unlawful or unethical for her to provide or would result in her breaching any code of conduct or other regulation which she is subject to; or (b) where the Dietitian exercises her rights of termination under Clause 2.a.
7 GOVERNING LAW
- These Terms and Conditions, the provision of the service and the relationship between you and the Dietitian generally are governed by the law of Ireland and the courts of Ireland shall have exclusive jurisdiction to hear any dispute.
8 INTERNATIONAL SERVICE LAW
- In the event that an International service user seeks to take legal proceedings against Willow Nutrition, The service user is obligated to undertake legal proceedings via the court system in the Republic of Ireland where Jess Willow hold her professional registration with CORU (DI015640) and professional indemnity insurance via the INDI (1851).
- Willow Nutrition is unable to accept service users that reside in the US, Canada, Belarus & Russia due to insurance restrictions.
July 2024