About the site 
Welcome to https://s3898811.wixsite.com/sophiejobodyandflow (the ‘website’). The website personal training, online personal training, group training, training programs (the ‘services’). The health and fitness products, lifestyle products, gym products (the ‘products’)
The website is operated by Sophie Jo Body & Flow (ABN 99669272846). Access to and use of website, or any of its associated products or services, is provided by Sophie Jo Body & Flow. Please read these terms and conditions (the ‘terms’) carefully. By using browsing/and or reading the website, this signifies that you have read, understood, and agree to be bound by terms. If you do not agree with the terms, you must cease usage of the website, or any services, immediately. 
Sophie Jo Body & Flow reserves the right to review and change any of the terms by updating this page at its sole discretion. When Sophie Jo Body & Flow updates the terms, it will use reasonable endeavours to provide you with notice of the updates to the terms. Any changes to the terms take immediate effect from the date of their publication, before you continue, we recommend you keep a copy of the terms for your record.
Acceptance of the terms 
You accept the terms by remaining on the website. You may also except the terms by clicking to accept or agree to the terms where this option is made available to you by Sophie Jo Body & Flow in the user interface. under the copyright law of Australia, any materials including pictures, videos, blogs, or symbols may not be reused for the purpose of resale, or copied without the permission of Sophie Jo Body & Flow.
Registration to use the service and products
To access the services and products, you may/must first register through the website to create an account (the ‘account’)
As part of the registration process, or as part of continued use of the services, you may be required to provide personal information about yourself (such as identification or contact details), including
Email address
Preferred username 
Mailing address
Password
Medical and health information
You warrant that any information you give to Sophie Jo Body & Flow while completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the website (‘member’) and agree to be bound by terms
You may not use the service/and or products and may not accept the terms if;
You are not of legal age to from a binding contract with Sophie Jo Body & Flow, or
You are a person barred from receiving the services or products under the laws of Australia or other countries including the country in which you are resident or from which you use the services or purchase the products.
Obligations as a member
as a member you agree to comply with the following;
you will use the services and purchase the prodcucts only for the purposes that are permitted by;
the terms, and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancelation of the services;
any use of registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sophie Jo Body & Flow of any unauthorised use of your password or email address or any breach of security of which you have become aware;   
access and use of the website is limited, non-transferrable and allows for the sole use of the website by you for the purposes of Sophie Jo Body & Flow providing the services;
you will not use the services or products of the website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Sophie Jo Body & Flow;
you will not use the services or products of the website for any illegal/unauthorised use which includes collecting email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website; 
you agree that commercial advertisements, affiliate links, or any other form of solicitation may be removed from the website without noticed and may result in termination of the services. Appropriate legal action will be taken by Sophie Jo Body & Flow for any illegal or unauthorised use of the website; and 
you acknowledge and agree that any automated use of the website or its services or products is prohibited.
Payment
Where the option is given to you, you may make payment for the service (the ‘services’ fee) and or the products (the ‘products’ fee) by way of;
Credit card payment (‘credit card’)
Online card payment
All payments made during the use of the services and products are made using ‘Square’. In using the website, the services and products, or when making any payment in relation to your use of the services or products, you warrant that you read, understood and agree to be bound by the ‘Square’ terms and conditions which are available on their website
You acknowledge and agree that where a request for payment of the service fee or products fee is returned or denied, for whatever reason, by our financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the service and product fee. 
You agree and acknowledge that Sophie Jo Body & Flow can vary the service and product fees at any time.
Refund policy
Sophie Jo Body & Flow will only provide you with a refund of the services or product fee in the event they are unable to continue to provide the services and products or if the manager of Sophie Jo Body & Flow decides, at its absolute discretion, that it is reasonable to do so under the circumstances (The ‘refund’)
Copyright and intellectual property
The Website, the services, the producst and all of the related products of Sophie Jo Body & Flow are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services and compilation of website (including but not limited to, text, graphics, logos, button icons, videos, audio clips, website code, scripts, design elements, and interactive features) or the services and products owned or controlled for these purposes, and are reserved by Sophie Jo Body & Flow or its contributors
All trademarks, service marks and trade names are owned, registered and/or licensed by Sophie Jo Body & Flow, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to;
Use the website pursuant to the terms;
Copy and store the website material contained on the website in your devices cache memory; and
Print pages from the website for you own personal and non-commercial use
Sophie Jo Body & Flow does not grant you any rights whatsoever in relation to the website, the services, or the products. All other rights are expressly reserve by Sophie Jo Body & Flow.
Sophie Jo Body & Flow retains all rights, title, and interest in and to the website and all related services. Nothing you do on or in relation to the website will transfer:
 business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
A right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or
A thing, system or process that is the subject of a patent, registered design, or copyright (or adaption or modification of such a thing, system, or process), to you
You may not, without the prior written permission of Sophie Jo Body & Flow and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the services, products, or third-party services for any purpose, unless otherwise provided by these terms. This prohibition does not extend to materials on the website, which are freely available for re-use or are in the public domain. 
Privacy
Sophie Jo Body & Flow takes your privacy seriously and any information provided through your use of the website and/or services/products are subject to Sophie Jo Body & Flow’s privacy policy, which is available on the website.
General disclaimer
Nothing in the terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
All terms, guarantees, warranties, representations, or conditions which are not expressly stated in the terms are excluded; and 
Sophie Jo Body & Flow will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services or products or these terms (including as a result of not being able to use the services or products or the late supply of the services or products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the website and the services or products is at your own risk. Everything on the website and the services and products are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Sophie Jo Body & Flow make any express or implied representation or warranty about the services or any products or services (including the products or services of Sophie Jo Body & Flow) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer because of any of the following:
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;
The accuracy, suitability, or currency of any information on the website, the service, products, or any of its services related products (including third party material and advertisement on the website);
Costs incurred because of using the website, the services or any of the products of Sophie Jo Body & Flow; and
The services, products, or operation in respect to links which are provided for your convenience.
Limitation of liability
Sophie Jo Body & Flow’s total liability arising out of or in connection with the services or products or these terms, however arising, including under contract, tort (including negligence), in equity, under statue or otherwise, will not exceed the resupply of the services or products to you. 
You expressly understand and agree that Sophie Jo Body & Flow, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of contract
The terms will continue to apply until terminated by either you or Sophie Jo Body & Flow as set out below.
If you want to terminate the terms, you may do so by:
Providing Sophie Jo Body & Flow with notice of your intention to terminate; and 
Closing you accounts for all the services which you use, where Sophie Jo Body & Flow has made this option available to you.
Your notice should be sent, in writing, to Sophie Jo Body & Flow via the ‘contact us’ link on our homepage 
Sophie Jo Body & Flow may at any time, terminate the terms with you if:
You have breached any provision of the terms or intend to breach any provision;
Sophie Jo Body & Flow is required to do so by law;
the provision of the Services to you by Sophie Jo Body & Flow Is, in the opinion of Sophie Jo Body & Flow, no longer commercially viable. 
Subject to local applicable laws, Sophie Jo Body & 'Flow reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in Its 'Sole discretion, your access to all or any portion of the Website or the Services without notice If you breach any provision of the Terms or any applicable law or if your conduct impacts Sophie Jo Body & Flow's name or reputation or violates the rights of those of another party.
 Indemnity 
You agree to indemnify Sophie Jo Body & Flow, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 
all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred suffered or arising out of or in connection with your content;
any direct or Indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
any breach of the Terms. 
 Dispute Resolution 
Compulsory: 
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent Interlocutory relief Is sought). 
Notice: 
A party to the Terms claiming a dispute ('dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome
Resolution:
On receipt of that notice ('notice') by that other party; the parties to the Terms ('parties') must: 
Within 5 business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon 'Which they may mutually agree;
If for any reason whatsoever, 5 business days after the date 1of the Notice, the dispute has not been resolved, the Parties must either agree, upon selection of a mediator or request that an appropriate mediator be appointed by the President of the financial adviser or his or her nominee; 
The Parties are equally liable for the fees and reasonable expenses of a mediator and the coat of the venue of the mediation and without limiting the foregoing undertake to pay any amount requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; 
The mediation will be held online, Australia.
Confidential:
All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence. 
Termination of Mediation: 
If 5 business days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the me9iation and the mediator must do so. 
14. Venue and Jurisdiction 
(a) The Services offeredby Sophie Jo 'Body & Flow is intended to be viewed by residents of Australia, In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia. 
15. Governing Law 
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 
16. Independent Legal Advice 
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. 
17. Severance 
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part should be severed and the rest of the Terms shall remain, in force. 

Sophie Jo Body & Flow ("we" and "us") is the operator of (https://sophiejobodyandflow.com) ("Website"). By placing an order through this Website you will be agreeing to the terms below. These are provided to ensure both parties are aware of and agree upon this arrangement to mutually protect and set expectations on our service.

1. General

Subject to stock availability. We try to maintain accurate stock counts on our website but from time-to-time there may be a stock discrepancy and we will not be able to fulfill all your items at time of purchase. In this instance, we will fulfill the available products to you, and contact you about whether you would prefer to await restocking of the backordered item or if you would prefer for us to process a refund.

2. Shipping Costs

Shipping costs are calculated during checkout based on weight, dimensions and destination of the items in the order. Payment for shipping will be collected with the purchase.

This price will be the final price for shipping cost to the customer.

3. Returns

3.1 Return Due To Change Of Mind

Sophie Jo Body & Flow will happily accept returns due to change of mind as long as a request to return is received by us within 30 days of receipt of item and are returned to us in original packaging, unused and in resellable condition.

Return shipping will be paid at the customers expense and will be required to arrange their own shipping.

Once returns are received and accepted, refunds will be processed to store credit for a future purchase. We will notify you once this has been completed through email.

(Sophie Jo Body & Flow) will refund the value of the goods returned but will NOT refund the value of any shipping paid.

3.2 Warranty Returns

Sophie Jo Body & Flow will happily honor any valid warranty claims, provided a claim is submitted within 90 days of receipt of items.

Customers will be required to pre-pay the return shipping, however we will reimburse you upon successful warranty claim.

Upon return receipt of items for warranty claim, you can expect Sophie Jo Body & Flow to process your warranty claim within 7 days.

Once warranty claim is confirmed, you will receive the choice of:

(a) refund to your payment method

(b) a refund in store credit

(c) a replacement item sent to you (if stock is available)

4. Delivery Terms

4.1 Transit Time Domestically

In general, domestic shipments are in transit for 2 - 7 days

4.2 Transit time Internationally

Generally, orders shipped internationally are in transit for 4 - 22 days. This varies greatly depending on the courier you have selected. We are able to offer a more specific estimate when you are choosing your courier at checkout.

4.3 Dispatch Time

Orders are usually dispatched within 2 business days of payment of order

Our warehouse operates on Monday - Friday during standard business hours, except on national holidays at which time the warehouse will be closed. In these instances, we take steps to ensure shipment delays will be kept to a minimum.

4.4 Change Of Delivery Address

For change of delivery address requests, we are able to change the address at any time before the order has been dispatched.

4.5 P.O. Box Shipping

Sophie Jo Body & Flow will ship to P.O. box addresses using postal services only. We are unable to offer couriers services to these locations.

4.6 Military Address Shipping

We are able to ship to military addresses using USPS. We are unable to offer this service using courier services.

4.7 Items Out Of Stock

If an item is out of stock, we will wait for the item to be available before dispatching your order. Existing items in the order will be reserved while we await this item.

4.8 Delivery Time Exceeded

If delivery time has exceeded the forecasted time, please contact us so that we can conduct an investigation.

5. Tracking Notifications

Upon dispatch, customers will receive a tracking link from which they will be able to follow the progress of their shipment based on the latest updates made available by the shipping provider.

6. Parcels Damaged In Transit

If you find a parcel is damaged in-transit, if possible, please reject the parcel from the courier and get in touch with our customer service. If the parcel has been delivered without you being present, please contact customer service with next steps.

7. Duties & Taxes

7.1 Sales Tax

Sales tax has already been applied to the price of the goods as displayed on the website

7.2 Import Duties & Taxes

Import duties and taxes for international shipments will be pre-paid, without any additional fees to be paid by customer upon arrival in destination country 

8. Cancellations

If you change your mind before you have received your order, we are able to accept cancellations at any time before the order has been dispatched. If an order has already been dispatched, please refer to our refund policy.

9. Insurance

Parcels are insured for loss and damage up to the value as stated by the courier.

9.1 Process for parcel damaged in-transit

We will process a refund or replacement as soon as the courier has completed their investigation into the claim.

9.2 Process for parcel lost in-transit

We will process a refund or replacement as soon as the courier has conducted an investigation and deemed the parcel lost.

10. Customer service

For all customer service enquiries, please submit an enquiry at Sophie Jo Body & Flow contact form through site

Sophie Jo Body & Flow Privacy Policy
Type of website: Personal training services and exercise products 

Effective date: October 1st 2022
Sophie Jo Body & Flow (the "Site") is owned and operated by Sophie Whiteside. Sophie Whiteside can be contacted at: 

info@sophiejobodyandflow

Purpose

The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following: 

1. The personal data we will collect; 

2. Use of collected data; 

3. Who has access to the data collected; 

4. The rights of Site users; and 

5. The Site's cookie policy.

This Privacy Policy applies in addition to the terms and conditions of our Site. 

Consent

By using our Site users agree that they consent to: 

1. The conditions set out in this Privacy Policy; and 

2. The collection, use, and retention of the data listed in this Privacy Policy. 

Personal Data We Collect 

We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first. 

Data Collected in a Non-Automatic Way:
(We may also collect the following data when you perform certain functions on our Site:)

1. First and last name; 

2. Age;

3. Date of birth; 

4. Sex;

5. Email address; 

6. Phone number; 

7. Address;

8. Payment information; and 

9. Auto fill data.
   

This data may be collected using the following methods: 

1. Creating an account. 

How We Use Personal Data 

Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy. 

The data we collect when the user performs certain functions may be used for the following purposes: 

1. Communication and program design. 

Who We Share Personal Data With 

1. Employees;
   We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

2. Other Disclosures
   We will not sell or share your data with other third parties, except in the following cases: 

1. If the law requires it; 

2. If it is required for any legal proceeding; 

3. To prove or protect our legal rights; and 

4. To buyers or potential buyers of this company in the event that we seek to sell the company. 

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices. 

How Long We Store Personal Data 

User data will be stored until the purpose the data was collected for has been achieved. You will be notified if your data is kept for longer than this period. 

How We Protect your Personal Data 

To protector your security we use the strongest available browser encryption and store all our data on servers in secure facilities. All data is only accessible to our employees. our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's termination. 

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical. 

Children

The minimum age to use our website is 18 years of age. We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a ,child under 16 years of age, the personal data will be deleted as soon as possible child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

How to Access, Modify, Delete, or Challenge the Data Collected 

If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and who have have disclosed your personal data to, or if you would like your data to be deleted or modified in any way please contact us via our email here:

sophiejobody&flow@info

Cookie Policy

A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience. 

We use the following types of cookies on our Site: 

1.  Functional cookies
   Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visit.

Additional Clauses 

the copying and reuse of any information, images or programs purchased through this website may not be resold under a different body or name. 

Modifications

This Privacy Policy may be amended from time to time to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy, we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy. 

Contact Information 

If you have any questions, concerns, or complaints, you can contact us via our email, at: info@sophiejobodyandflow