Terms & Conditions
This website is owned and operated by: Heather McGuire with a registered address at: 46 Castlepark Residence, Castlepark Road, Dalkey Co Dublin.
By using our website, which includes access through other digital platforms such as our app, you confirm that you accept these Terms of Service (“terms”) as binding upon you, including additional terms and conditions and policies referenced herein and/or available by hyperlink, and that you agree to comply with them. If you do not agree to these terms, you must not use our website.
Terms and Conditions of Heather McGuire
With Heather McGuire we can work with you in a variety of different ways:
Integrated Nutritional Health Coaching
Corporate work
Speaking events
Brand Partnerships
Each option will have its own contracts and payment plans
1. Fees and Hours
1.1 Package hours - When you work with Heather McGuire you will be a part of a chosen package. This may be a one-off package or a retainer package. The breakdown of hours will be discussed prior to the contract starting and based upon the estimate/proposal that has been sent over and agreed as per the contract provided. Heather McGuire also offers bespoke packages and the payment terms for them will be agreed at inception.
1.2 Phone and Email - Reply to contact
All queries made by phone and email to Heather McGuire will be replied to within 48 hours where possible. Please note social media may not be checked daily so it is advisable to email heather@heathermcguire.ie for help with enquiries.
Heather McGuire reserves the right to not reply to any emails or enquiries that they deem to spam, junk or of a false nature.
1.3 Punctuality - If a client is more than 15 mins late, then they will be charged for this time and depending on Heather McGuire’s schedule we may not be able to stay later once the allotted time has expired.
1.4 Travel time – Heather McGuire retains the right to charge for travel time and expenses. if these fees are to be applied, then this will be discussed and confirmed prior to the contact starting.
1.5 Payment terms and invoicing- Heather McGuire will invoice based on whatever package you have chosen. All fees due are due to be paid prior to Heather McGuire engaging in work on your behalf, unless otherwise agreed with Heather McGuire before the start of the contract.
Heather McGuire offers both one off packages and consultations via their website. The payment for these will be made via electronic transfer and payment will be taken before Heather McGuire begins to work on her services.
1.6 In some specific cases, Heather McGuire may extend credit terms but makes no guarantee of providing credit to any customer. In the event of being offered a credit facility, and if the Customer fails to make any payment within 31 days of it becoming due, Heather McGuire shall be entitled to charge interest at the rate of 8% per month on the outstanding amounts.
1.7 If the Customer fails to make any payment within 31 days of it becoming due, Heather McGuire shall be entitled to remove all work carried out as part of the order and suspend all services until payment has been received in full.
1.8 Please note that ownership of all work completed will remain with Heather McGuire until all work has been paid for in full. Once full and final payment has been received, ownership will be passed to the client and all access to the client’s systems and passwords will be deleted upon receipt of the full payment.
2. Heather McGuire Initial Consultation Call
Heather McGuire will carry out an initial consultation call to discuss client goals and to see if there is a good synergy between both parties. Please note that all information that is shared is confidential. Please note that the first 30 minutes of this call is free, and any subsequent time or calls are priced at €99 which will be paid upon receipt of the invoice. Any subsequent business relationship that might emerge from this consultation will be covered by a contract, terms of engagement and payment of fee as set out in 1.5 of this document.
Any proposal created with Heather McGuire is valid for 10 days
3. Cancelling pre-arranged appointments
Heather McGuire has a set schedule every week and works with a variety of clients. If your circumstances change then Heather McGuire requires a minimum 24-hour cancellation policy for meetings/other. Failure to cancel your appointment before 24 hours (except in exceptional and one-off situations) will be chargeable. When an appointment is cancelled in a timely manner as laid out above Heather McGuire will endeavour to schedule or reschedule within the following 7 days.
4. Cancellation Policy
Heather McGuire can only work with a client if the relationship is open, transparent, and reciprocal. If either party feels that the relationship between the client and Heather McGuire has broken down, then Heather McGuire and/or the client retain the right to withdraw from the agreed contract. All efforts will be used to re-establish the lines of communication between all parties but if this fails and it is agreed to terminate the contact than 48hrs notice from either party is the minimal amount of time required to close off all outstanding work and invoices will be produced to cover all due monies on your account. In relation to any corporate clients – there is a set timeframe that Heather McGuire has allocated for each client and all appointments and allocated time must be used within this timeframe unless an extension has been agreed. Failure to adhere to these guidelines may result in the end of the contract without all the time being used. Please note that Heather McGuire will treat each situation on a case-by-case basis.
5. Client Obligations
To enable Heather McGuire to perform its obligations we expect the client to:
5.1 Cooperate with Heather McGuire and respond to any queries within a responsible period of time.
5.2 Provide the Supplier with any information reasonably required by Heather McGuire.
6. Heather McGuire Obligations
6.1 Heather McGuire takes pride in the services that they offer, and they shall perform the services with reasonable skill and care and to a reasonable standard in accordance with
recognised standards and codes of practice.
6.2 Heather McGuire undertakes to keep confidential all information supplied by you and will not make such information available to any third party without obtaining prior permission.
7. Non-Competition
The education materials supplied by Heather McGuire (including all website content and content supplied at workshops and seminars) are of a confidential nature. From time to time, Heather McGuire may use examples of work they have created or businesses that they have worked with to illustrate educational points.
8. Disclaimer
The Client understands that the role of the Health Coach is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, Heather McGuire is a mentor and guide who has been trained in Integrated Nutritional health coaching, Culinary Medicine to help clients reach their own health goals by helping clients devise and implement positive, sustainable nutrition and lifestyle changes.
The Client understands that Heather McGuire is not acting in the capacity of a doctor, psychologist or other licensed or registered professional, and that any advice given by Heather McGuire is not meant to take the place of advice by these professionals. If the Client is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor and should not discontinue any prescription medications without first consulting his or her doctor.
The Client has chosen to work with Heather McGuire and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals. The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases Heather McGuire from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against Heather McGuire, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of Heather McGuire.
9. Confidentiality
Heather McGuire will keep the Client’s information private and retained as per the conditions laid out in the Privacy Policy section 9. Heather McGuire will not share the Client’s information to any third party apart from those outlined in the Privacy Policy section 5. Terms and Conditions of Service of business Indemnification, Liability, And Limitation
The express terms and conditions of these terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its services. In the event that you reproduce, display, transmit, distribute or otherwise exploit the structure, information, material, or any portion thereof, in any manner not authorised by us, or if you otherwise infringe any intellectual property rights relating to the structure, information, photographs, prints or this website, you unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against any and all losses, expenses, costs or damages, including reasonable lawyers’ fees, incurred by you or others as a result of unauthorised use of the above and/or your breach of these terms. You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: these terms; the supply of the services pursuant to the terms; your use of the services; or your fraud or negligence.
For the avoidance of doubt, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for any loss of profits, goodwill, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity or anticipated savings; or any indirect or consequential loss. Without prejudice to other clauses in these terms, our total liability arising under or in connection with these terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant services that is/are the subject of a claim.
Errors, Inaccuracies And Omissions
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website or on any related website including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.
Sales Of Services
If you are not a consumer, you confirm that you have authority to bind any organisation on whose behalf you use our site to purchase services. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. We reserve the right to discontinue any service at any time. In accordance with other clauses included in these terms, we make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature, or fitness for purpose of the services. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the services will be corrected, unless as required by law. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms. All descriptions of services and pricing are subject to change at any time without notice, at our sole discretion. Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue our services on our website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third- party for any modification, price change, suspension, or discontinuance of such.
Refunds
We conform to Irish and EU law and regulations for the purposes of whether or not to accept returns. We deal with cases as they happen on an individual basis.
Social Media Platforms
Communication, engagement, and actions taken through external social media platforms that we participate on are custom to the terms as well as the data protection and privacy policies and notices held with each social media platform respectively. You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution regarding your own privacy and personal details. We will never ask for personal or sensitive information through social media platforms and encourage you when wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email.
Data Protection, Privacy And Security
Your rights to data protection and privacy, including security over data, are very important to us. We treat personal data obtained using this website as private and are committed to providing you with secure access to our online service. This website processes information from you as per our Privacy Statement. When you, amongst other actions, visit our website, enquire about services or send emails to us you understand that subsequent data processing will be done as detailed in our Privacy Statement.
Governing Law And Disputes
This website is hosted, controlled, and operated from the Republic of Ireland and therefore governed by Irish law, subject to the terms of Public International Law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Irish law will apply, and the appropriate courts of the Republic of Ireland will have jurisdiction.
Variation Of These Terms & Conditions
We reserve the right to make changes to this website, these terms, and the other information contained in this website at any time and without notice. Please refer to these terms when you visit the website as they may change from time to time.
Severability
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver
The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
Entire Agreement
These terms and any policies or operating rules posted by us on this website or in respect to our website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
CONTACT INFORMATION
You may contact us by email at the following address: heather@heathermcguire.ie Contact information published on this website is published for the purpose of users or prospective users contacting us about services offered to them. This information should not be considered as made manifestly public for the purposes of general marketing contact.