Terms and Conditions

Introduction and Acceptance of Terms

Welcome to Mulberry Acupuncture & Herbal Medicine (“we,” “us,” or “our”). By accessing our website or using our services, you acknowledge that you have read and agree to these Terms and Conditions (“Terms”) in full. If you do not agree with any part of these Terms, you should not use our website or services. These Terms apply to all visitors, users, and patients of Mulberry Acupuncture & Herbal Medicine. We may ask you to agree to additional terms for specific services, and those will become part of our agreement with you if you use those services.

Services Overview

Mulberry Acupuncture & Herbal Medicine is a holistic healthcare practice based in Austin, Texas. We offer acupuncture treatments, herbal medicine consultations, and related wellness services aimed at supporting your health and well-being through traditional Chinese medicine and other holistic modalities. We may also offer virtual or telehealth services, such as herbal consultations, which are subject to these Terms and require you to ensure your own suitable technological setup. Our licensed practitioners strive to provide high-quality care tailored to individual needs. However, please note that while many patients find relief through our services, individual results can vary and are not guaranteed. Any descriptions of services or conditions treatable with acupuncture on our site are for general informational purposes and do not ensure a particular outcome for you.

Appointment Scheduling, Deposits, and Cancellations

We offer convenient online appointment scheduling through our third-party platform, AcuSimple, as well as scheduling by phone or email. When booking an appointment, you agree to provide accurate, up-to-date information and to adhere to the scheduling and cancellation policies outlined here.

Deposits: We may require a deposit to secure your appointment (especially for initial visits or longer sessions). For example, a new patient appointment may require a deposit (e.g. $25–$50) at the time of booking. This deposit will be applied toward your treatment cost when you come in for your appointment. However, if you cancel your appointment without sufficient notice (see Cancellation policy below) or fail to show up, the deposit may be forfeited as a cancellation fee. Deposits are generally non-refundable unless you cancel in compliance with our cancellation policy (in which case we may, at our discretion, transfer the deposit to a rescheduled appointment).

Cancellations: If you need to cancel or reschedule an appointment, please provide at least 24 hours’ notice before your scheduled time (unless a different notice period is specified for a particular service). Adequate notice allows us to offer the slot to other clients in need. Cancellations made with less than 24 hours’ notice may incur a late cancellation fee (for example, we may charge a fee up to $50 for a late cancellation). To cancel or reschedule, you can use our online scheduling system or contact us by phone or email; leaving a voicemail or message after hours will be considered received at the time of your call. We do understand that true emergencies or sudden illnesses can happen – if so, please inform us as soon as possible, and we may, at our discretion, waive the late cancellation fee in such cases. Repeated last-minute cancellations may require us to ask for prepayment of future appointments or refusal of service, as consistent repeated cancellations disrupt our schedule and other patients’ access to care.

Late Arrivals: Please plan to arrive on time for your appointment. If you are running late, call us as soon as possible. Patients who arrive more than a brief grace period (generally 15 minutes) late may need to be rescheduled to avoid impacting other appointments. If you are over 15 minutes late, we reserve the right to treat this as a late cancellation or no-show (meaning the appointment may be forfeited and applicable fees may apply). We will do our best to accommodate late arrivals when possible, but your session may be shortened or deferred to another time in fairness to other clients.

Payment Terms and No-Show Policy

Payment Terms: Payment for our services is due at the time of service, in full, unless otherwise pre-arranged. We accept various forms of payment for your convenience, such as cash, major credit/debit cards, and possibly HSA/FSA cards (please inquire for specifics). If we accept insurance or provide superbills for insurance reimbursement, you remain responsible for any co-pays, deductibles, or amounts not covered by your insurer. You are responsible for promptly paying all fees for the services you receive. Prices for services may be provided on our website or during booking, and are subject to change with notice. In the event of a returned check or failed payment, we may charge a reasonable fee to cover bank charges (e.g., a $30 fee for a bounced check).

No-Show Policy: A “no-show” is defined as missing a scheduled appointment without canceling in advance. If you no-show for an appointment (meaning you neither cancel with sufficient notice nor arrive as scheduled), we reserve the right to charge you the full price of the missed session. This fee is not punitive; it is meant to cover the time slot we set aside for you. By booking an appointment, you agree that we may charge any credit card you have on file with us (for example, the card used for a deposit or provided during intake) to collect no-show or late cancellation fees. If no card is on file, we will bill you for the missed appointment, and this balance must be settled before or at your next visit. Repeated no-shows (or chronic last-minute cancellations) may result in us requiring prepayment for future appointments or, in extreme cases, refusal to schedule additional services for you. We greatly appreciate your understanding and cooperation, as these policies enable us to serve all our patients effectively and fairly.

Health Disclaimer

Mulberry Acupuncture & Herbal Medicine is committed to supporting your health, but we are not a substitute for primary medical care. The content on our website and any communications you have with us (emails, phone calls, or otherwise) are for general informational and educational purposes only. Nothing on our site or in our communications should be taken as medical advice, diagnosis, or treatment recommendations for any individual case. We do not provide medical diagnosis or prescribe pharmaceuticals; our services are complementary to, and not a replacement for, conventional medical care. Always consult a licensed physician or appropriate healthcare provider for any medical concerns, diagnosis, or treatment.

If you have a serious health issue or medical emergency, do not rely on our website or services – call 911 or seek immediate medical attention. Never disregard professional medical advice or delay seeking treatment because of something you read on our site or information given by our staff outside of a formal consultation.

Engaging our acupuncture and herbal medicine services means you understand and agree that no specific results are guaranteed. Every person responds differently to holistic treatments, and outcomes can vary widely. Any testimonials or success stories on our site are individual experiences; they do not guarantee you will achieve the same results. Health information can change rapidly, and while we strive to keep our website content up-to-date and accurate, we make no warranties that all information is current or error-free. Reliance on any information on our site is at your own risk, and it is not intended to replace a personal consultation with a qualified healthcare professional.

By using our site or services, you also acknowledge that no practitioner-patient relationship is formed until you visit us in person (or via telehealth if offered) and undergo proper intake and consent procedures. Simply contacting us or reading our website does not establish a formal healthcare relationship. Any recommendations we provide during a scheduled consultation or treatment are based on our professional judgment in the context of that one-on-one interaction.

Privacy Policy and Health Information

We recognize the paramount importance of protecting your personal and protected health information (PHI).

The collection, use, maintenance, and disclosure of your personal data and health records are governed by our separate, detailed Privacy Policy and our Notice of Privacy Practices (NPP), which are considered part of these Terms.

As a healthcare provider, we are committed to maintaining the privacy and security of your PHI in accordance with all applicable federal and state laws, including the Health Insurance Portability and Accountability Act (HIPAA).

By using our website and services, you acknowledge that you have had the opportunity to review, and agree to the terms laid out in, our separate Privacy Policy (accessible via a dedicated link on our website footer or navigation) and agree to receive our NPP during the formal intake process.

In the event of a conflict between these general Terms and the specific provisions of the Privacy Policy or NPP related to health information privacy, the Privacy Policy or NPP shall control.

Use of Third-Party Services (AcuSimple and Squarespace)

To deliver our services and website functionality, we utilize certain third-party platforms:

Squarespace (Website Hosting): Our website is built and hosted on the Squarespace platform. This means your use of our site may also be subject to Squarespace’s standard terms of service and policies. While we design and manage our site’s content, the underlying infrastructure is provided by Squarespace. We do not have direct control over Squarespace’s systems, so we cannot guarantee that the website will be available absolutely 100% of the time or error-free (Squarespace maintains the platform, and there may be occasional downtime or technical issues beyond our control). However, we will act in good faith to maintain the site’s accessibility and security. Please be aware that any data you submit through our site (such as contact form inputs) is stored on Squarespace’s servers. We trust Squarespace to handle your data securely, but we are not liable for their internal security failures or any loss of information due to Squarespace’s issues.

AcuSimple (Scheduling and Intake Forms): We use AcuSimple as a third-party service to handle online appointment scheduling, intake forms, and electronic health records management. When you click on “Schedule an Appointment” or fill out our patient intake forms online, you may be interacting with an AcuSimple-powered interface (this might be embedded in our site or opened as an external link). AcuSimple is a HIPAA-compliant platform for managing patient information, which means it is designed to keep your health information private and secure. That said, AcuSimple is independent from us; we do not own or control their company. By using the online scheduling or forms, you may be subject to AcuSimple’s own Terms of Service and Privacy Policy. We encourage you to review those policies (which are usually available on the scheduling portal) if you have any concerns. We are not responsible for any errors or data breaches on AcuSimple’s side. However, we choose reputable services like AcuSimple to protect your data and will cooperate with them to resolve any technical issues that might arise. If you prefer not to use the online system, you are welcome to schedule appointments or complete intake forms through alternative means (such as contacting us directly).

Aside from AcuSimple and Squarespace, our website may occasionally contain links to third-party websites or use other third-party tools (for example, embedded maps, social media widgets, or educational resources). These are provided for your convenience. However, we do not endorse or take responsibility for third-party websites or services that are not under our control. If you follow a link to an external site, you do so at your own risk, and different terms and privacy policies may apply. We will not be liable for any content, advertising, products, or actions of these third parties.

Intellectual Property Rights

Unless otherwise indicated, all content on this website – including text, graphics, logos, images, videos, design elements, and software – is the property of Mulberry Acupuncture & Herbal Medicine or our content licensors, and is protected by copyright, trademark, and other intellectual property laws. We reserve all rights in these materials. Our business name, logo, and any slogans or product names are our trademarks/service marks. You are not permitted to use our name or logos in any way that could cause confusion or imply endorsement without our prior written consent.

We grant you a limited, non-exclusive, non-transferable license to access and use the website for your own personal, non-commercial use. This means you may view, download, and print pages from our site solely for personal use, such as reading our articles or booking services, subject to the restrictions below:

No Reproduction or Republication: You must not republish material from our website on another website, social media page, or elsewhere without our permission (this includes not copying our blog posts and posting them on your own site). Sharing links to our content is welcome, but copying large portions of text or images is not allowed without consent.

No Commercial Use: You may not sell, rent, or sub-license our website material, nor use it for any commercial purpose beyond using our services. For instance, you cannot take our images or content to advertise your own business or include our content in a product for sale.

No Derivative Works: You must not alter, edit, or create any derivative works from the content on our site. This means you cannot modify our text or images and then redistribute them as your own.

No Public Display: You must not show any material from our website in public (such as in a seminar, slideshow, or video) without attribution and permission.

Permitted Sharing: If content (such as a downloadable resource or a social media infographic) is explicitly marked as shareable or for redistribution, you may share it as directed, and only within the scope allowed. For example, if we provide an article PDF and label it for distribution, you may email or print it for personal or educational use, but you may not alter it or charge for it. If unsure whether something is shareable, please ask us.

Any rights not expressly granted to you in these Terms are reserved by us. Unauthorized use of our intellectual property may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations. We take our intellectual property rights seriously; if you infringe them, we reserve the right to terminate your use of the site and pursue legal remedies if necessary.

Prohibited Conduct

We expect all users to use our website and services responsibly and lawfully. By accessing our site or using our services, you agree NOT to engage in any of the following prohibited activities:

Illegal or Harmful Use: Do not use our website or services for any purpose that is unlawful, illegal, fraudulent, or harmful. This includes refraining from using the site in any manner that violates local, state, national, or international law, or that could damage, disable, or impair our servers or networks.

Malicious Code: You must not introduce or transmit any malware or harmful code via our site. This means no uploading or distributing viruses, spyware, worms, trojan horses, keystroke loggers, or any other malicious software or code that could harm the website or other users.

Unauthorized Access: Do not attempt to gain unauthorized access to any portion of our website, our systems, or other accounts. This includes no hacking, password “mining,” or any other illegitimate means of accessing data not intended for you.

Scraping and Data Mining: You are not allowed to engage in any automated data collection from our site without our prior permission. Prohibited activities include using bots, spiders, scrapers, or other automated tools to copy or extract data (e.g., harvesting our content or collecting information about other users).

Spam and Disruption: You must not use our site to transmit unsolicited commercial communications (spam). Also, do not use any communication channels provided by our site (such as contact forms or scheduling system) to send unlawful or unwanted messages, advertise products/services to us or other users without authorization, or to harass or annoy.

Misrepresentation and Interference: Do not impersonate any person or entity, or misrepresent your affiliation with any person or entity when using our services. Additionally, you must not interfere with or disrupt the proper functioning of our website, servers, or networks connected to our site (for example, by launching a denial-of-service attack or attempting to overload the system).

Prohibited Content: If at any point our website allows user-generated content (such as reviews or comments), you must not submit any content that is defamatory, obscene, offensive, profane, or that infringes on the rights of others (including intellectual property rights and privacy rights). You also must not submit content that could give rise to legal liability for you or for us, or that is otherwise objectionable or false/misleading.

We reserve the right to monitor the use of our website and services to enforce these rules. If you violate any of the above Prohibited Conduct terms or otherwise misuse our site, we may take action including terminating or suspending your access, removing any offending content, and/or taking legal action if warranted. You agree that we may, in our sole discretion, revoke your rights under these Terms and bar you from accessing our site for any violation. We also reserve the right to cooperate with law enforcement and to provide information about violators if required by law or to prevent harm to our business or others.

Indemnification

You agree to defend, indemnify, and hold harmless Mulberry Acupuncture & Herbal Medicine, its owners, practitioners, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the website or services; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This obligation survives termination of these Terms and your use of the website or services.

Limitation of Liability

Use at Your Own Risk: You understand and agree that your use of our website and services is at your own risk. While we work hard to provide a safe and beneficial service, our website and all information or services provided are offered “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted or error-free, nor do we make any guarantees about the accuracy or reliability of the information on the site. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding our website and services, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Damages: Under no circumstances shall Mulberry Acupuncture & Herbal Medicine, or its owners, practitioners, employees, or agents, be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of (or inability to use) our website or services. This limitation applies to any damages for errors, mistakes, or inaccuracies on the site; any injury or damage to person or property that may result from our services; any unauthorized access to or use of our servers or of any personal information stored therein; and any bugs, viruses, or the like that may be transmitted to or through our website by any third party. It also includes damages for lost profits, loss of data, business interruption, loss of goodwill, or other intangible losses, even if we have been advised of the possibility of such damages. In plain terms, we will not be responsible for losses that do not directly arise from our actions or that we could not reasonably foresee. For example, if our website is down temporarily and it causes you inconvenience or incidental expenses, or if information on our site turned out to be inaccurate and you relied on it to your detriment, we are not liable for those indirect consequences.

Cap on Liability: To the extent permitted by law, the maximum total liability of Mulberry Acupuncture & Herbal Medicine (and its associates) for any claim arising out of these Terms or your use of the services or site is limited to the amount you paid us for the service that gave rise to the claim. If the claim does not involve a paid service (for example, if you are just using the free information on our site), then our liability will be capped at a reasonable amount (for instance, $100) or the lowest amount permitted by law if a cap is not allowed. Some jurisdictions do not allow the limitation of liability in certain cases, so some of these limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent allowed by law.

Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under applicable law. Specifically, we do not seek to limit our liability for personal injury or property damage caused by our gross negligence or willful misconduct, or for fraud or fraudulent misrepresentation, or any other liability that by law cannot be limited or excluded. However, to the extent that applicable law allows us to limit our liability for certain harms (such as ordinary negligence), we hereby do so as set forth above. You acknowledge that the limitations of liability and warranty disclaimers in these Terms are a fair allocation of risk and an essential part of our agreement; without them, we would not be able to offer these services or information to you at the same cost (or at all). By using our site and services, you agree that these limitations are reasonable. If you do not agree, your only remedy is to discontinue use of the site and services.

Governing Law

These Terms and Conditions and any dispute or claim arising out of your use of our website or services shall be governed by and construed in accordance with the laws of the State of Texas (USA), without regard to its conflict of law provisions. By using our services, you expressly agree that any legal proceeding arising from or relating to these Terms or your use of the site shall be brought in the state or federal courts located in Texas, and you consent to the personal jurisdiction and venue of those courts. In particular, if appropriate, we designate the courts of Travis County, Texas (which is where Austin is located) as the venue for resolving disputes. You agree that any claim or dispute brought against us must be pursued on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative proceeding. We make no representation that the content on our site is appropriate or available for use in other locations, and accessing our site from territories where its content is illegal is prohibited. If you choose to access the site from outside Texas or the United States, you do so on your own initiative and are responsible for compliance with local laws.

Changes to Terms

We may update or modify these Terms from time to time as our business, law, or industry standards evolve. Whenever we make a material change to the Terms, we will post the revised Terms on this webpage with an updated effective date. The updated Terms will be effective as of the stated effective date and will apply to your use of the website and services from that point forward. We encourage you to review this page periodically to stay informed about our current Terms. Your continued use of our website or services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you should discontinue use of our site and services.

No oral or written waiver of any provision of these Terms by us shall be considered a further or continuing waiver of that provision or any other provision, and our failure to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision. These Terms, together with any other legal notices or policies we have published on the site, constitute the entire agreement between you and Mulberry Acupuncture & Herbal Medicine regarding your use of our website and services, superseding any prior agreements (whether oral or written) relating to the same subject matter.

Contact Information

If you have any questions, concerns, or comments about these Terms and Conditions or our services, please feel free to contact us. We value open communication and will do our best to address your inquiry.

Mulberry Acupuncture & Herbal Medicine Austin, Texas, USA Email: Tarissa@MulberryTCM.com (Additional contact information such as phone number or mailing address may be provided on our website’s Contact Us page.)

Please note that official communications regarding any legal matters should be sent to us in writing at the mailing address provided (if requested, we will furnish a physical address for such notices). For general questions about appointments or services, email is usually the fastest way to reach us.

Thank you for reading our Terms and Conditions. By ensuring you understand your rights and responsibilities, we hope to provide a safe, clear, and positive experience for all our clients. We look forward to supporting you on your wellness journey!