Terms & Conditions
1 . INTRODUCTION
The term ‘The Female Wellness Hub’ or ‘Elysia Hegarty (nee Doody)’ ‘us’ or ‘we’ or ‘our’ or ‘nutritionist’ or ‘consultant’ refers to the owner of the business and/or website, whose registered office is 8 Pembroke Road, Dublin 2, Ireland. The term ‘you’ or ‘client’ refers to the attendee, client, user or viewer of our services including personal one on one private nutrition coaching and/or use of our websites, online educational training programmes.Elysia Hegarty (nee Doody) operates under the brand name The Female Wellness Hub (we or us). We are registered in Ireland under company number 615816.2.
TERMS OF SERVICE
Elysia Doody, Director, Nutrition and Wellness Consultant of The Female Wellness Hub is not a medical professional or dietitian. Elysia Doody is a registered and qualified Nutritional Therapist, Exercise and Fitness Coach, Pre and Post Natal Exercise Coach, Dietary Counselor and Cognitive Behavioural Therapist. Services offered are to be considered coaching and guidance for you to utilise during your personal journey towards your health and fitness goals.All information you obtain will be directly from what Elysia Doody has learned through formal education and experience. It is always prudent for anyone starting a new fitness programme or specific meal plan to consult a Medical Doctor before doing so as it would be wise to have blood work done and/or a physical. These are recommendations, not requirements. All nutritional guidelines given to you are nothing more than examples of what a sample nutrition programme may consist of and by no means is meant to be a prescription or diagnosis for any medical condition of any kind.You understand that you may injure yourself as a result of participation in a fitness programme, and hereby release Elysia Hegarty (nee Doody) and The Female Wellness Hub from any liability now or in the future for any injury, including, but not limited to heart attacks, death, muscle strains, pulls or tears, broken bones, shin splints, knee/lower back/foot injuries and any other illness, soreness or injury however caused, occurring during or after your participation in the fitness workout and or nutrition plan offered.You agree that in consideration of your participation with us any workout schedules and nutrition guidelines/plans are for you for yourself, your personal representatives, administrators, heirs and assigns, hereby hold harmless, Elysia Hegarty (nee Doody) from any claims arising from your participation in the fitness workout and meal guidelines.You hereby agree to waive any claims or rights you might otherwise have to sue Elysia Hegarty (nee Doody), and understand that all plans, packages and programmes are non-refundable and non-transferable.You assume sole responsibility for the selection, suitability and use of any of our Services, Products or Events.Our dietary, lifestyle and exercise methodology was formed by years of experience and education. In order to protect the exclusivity of our coaching principles, the following guidelines must be agreed to before receiving any coaching plans;Written or recorded nutritional or exercise programmes including ebooks or any associated material will not be forwarded to others for any reason and passwords and logins are for shared use.Our nutrition, lifestyle and exercise guidelines and material will be kept confidential.Our nutrition, lifestyle and exercise guidelines and material may not be used on other individuals, for any reason.Our nutrition, lifestyle and exercise plans, training format, materials or anything associated with The Female Wellness Hub (www.thefemalewellnesshub.com) will not be used in any way, by any client of affiliate, to start or contribute to their own Coaching, Training, Fitness or Nutrition business.Any clients of Elysia Hegarty (nee Doody)and/or affiliates found disclosing the above items will have their services immediately terminated with no refunds and any outstanding commission withheld. Disclosing the above items may also result in legal action with all costs associated with such legal action to be paid by client.Disclosing the above items may also result in legal action with all costs associated with such legal action to be paid by client.You agree that this is the full agreement between the parties that The Female Wellness Hub, nor anyone else has verbally contradicted any of these terms of this release and that you have entered into this agreement free and voluntarily without force or coercion. You agree that you have been given the opportunity to present questions in all related matters and receive answers prior to beginning your journey to wellness and accept the conditions of the waiver (Appendix 1) and release of liability.
3. INTELLECTUAL PROPERTY
4. GENERAL SERVICE STATEMENTS
All services offered by us are administered by a professional Nutritional Therapist and Exercise and Fitness Coach who possess recognised certification in Nutritional Therapy, Dietary Counselling, Cognitive Behavioural Therapy, Exercise, Health and Fitness EQF Level 4 and Pre and Post Natal Exercise carries personal liability insurance and are certified in First Aid and CPR.All required forms must be completed, current, and on-file prior to each session.All participants must wear appropriate footwear and clothing where necessary for personal training / exercise sessions.
5. PURCHASE POLICY
Payment for each session and/or package must be paid in full at the time of consultation via SumUp, Stripe, Paypal, in cash, or by bank transfer.The case of a package of sessions it is the responsibility of the consultant to notify the client of when the number of purchased sessions will run out. This notification should be given during the final session prior to the expiry of purchased sessions.Purchase of online services / downloadable programmes should be made online via Stripe / Paypal
6. CANCELLATION POLICY
In order to protect our valued clients, we have a strict cancellation process in place. Cancellation with 48 hours’ notice 50% fee will be invoiced to the client. Cancellation with 24 hours’ notice 100% fee will be invoiced to the client. If the client does not show up for the scheduled session or less than 24 hour notice is not received the client will be charged for the full session.If the client will be late for a session, it is appreciated by the consultant that we are notified in advance so that we can expect delays. The consultant is only required to wait 15 minutes for late clients.
7. REFUND POLICY
If a client purchases a package and is unable to complete the packaged due to illness or extenuating circumstances a refund for the remaining sessions may be issued minus a €5 processing fee.Medical Certificates should be provided in the instance of illness/medical issue.
8. EXPIRATION POLICY
All purchased sessions expire after 3 months of missing in action. Considerations may be made by for special circumstances and exceptions may only be granted by Elysia Hegarty (nee Doody).
9. SITE USE
To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
The information on this website/email is not purposed to replace professional medical diagnosis, treatment or even advice. You should always consult a qualified healthcare professional before making any changes to your diet and/or exercise programme. The information is not a substitute for medical or psychological treatment. Any results presented on this website do not constitute a warranty, guarantee, or prediction regarding the outcome of an individual for any particular issue. While all information, materials and links to other resources are posted in good faith, the accuracy, validity, effectiveness, completeness, or usefulness of any information herein, as with any publication, cannot be guaranteed. The Female Wellness Hub accepts no responsibility or liability whatsoever for the use or misuse of the information contained on this website. We strongly advise that you seek professional advice as appropriate before making any health decision.
12. ONLINE PURCHASES
By placing an order with us, you warrant that: a. you are legally capable of entering into binding contracts; and b. you are at least 18 years old.
13. CONSUMER RIGHTS
If you have an issue with a product you have purchased, please email Info@thefemalewellnesshub.com and we will respond within 48 working hours.
14. RISK AND TITLE IN PRODUCTS OR SERVICES
Ownership of the Products cannot be shared or bought as a consortium or group. Purchases are on an individual basis and a login relates to the purchaser only. In the event that we receive evidence of logins being shared or products being purchased on a group basis, with a view to sharing logins we will cancel all access to all products with immediate effect for the individuals concerned, with no refund.
15. PRICING AND PAYMENT
The price of Products and Services will be indicated on our websites. Prices are liable to change at any time, but changes will not affect services/ membership in respect of which have already been purchased. It is always possible that, despite our best efforts, some of the Products and/or Events listed on our site may be incorrectly priced. We will normally verify prices as part of our Order Confirmation procedures. If the correct price of a Service, Product or Event is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.We are under no obligation to provide any Product or Event to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been
recognised by you as an error.If we agree with you that you may pay for a Product or Event in installments, then each installment must be paid by its due date (as notified by us to you).If you fail to make any payment due to us by the due date for payment then, without limiting our other remedies, we may cancel your membership or seek debt collection via third party.
We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied; and b. we will perform our obligations under the Contract with reasonable care and skill.
17. WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us may be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18. EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. impossibility of the use of public or private telecommunications networks; and
f. the acts, decrees, legislation, regulations or restrictions of any government.Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
19. THE RIGHT TO VARY TERMS AND CONDITIONS
We have the right to revise and amend these terms of supply from time to time.You will be subject to the policies and terms supply in force at the time that you book a consultation, order products or events from us.
20. LIMITATION OF LIABILITY
Under no circumstances shall The Female Wellness Hub or any of its parents, subsidiaries, former brand names, affiliates, or otherwise be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site, service, products or events including but not limited to negligence. Additionally, the company is not liable for damages in connection with any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; loss of revenue, anticipated profits, business, savings, goodwill or data; and third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.The foregoing applies even if company has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
21. THIRD PARTIES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defence, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.By using the site and services, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the site and services, from time to time, in which case we will post the revised Terms and Conditions on this site. By continuing to use the site after we post any such changes means you accept the new Terms and Conditions with the modifications.