Terms & Conditions

Welcome! To Zode Kinesiology…virtually!

This website, https://www.zode.com.au is owned and operated by Zoe Jack, Founder of Zode Kinesiology (ABN: 55 245 516 029). If you have any questions or need further information, please email me, Zoe Jack: hello@zode.com.au

This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from me. Please take a moment to read it, as it sets out the terms of how we relate to one another. This just means; clear boundaries and knowing what to expect from each other.

When you visit this website, use my services, or purchase my products, you agree that you are over the age of 18 and willing to be bound by these Terms & Conditions. If you don’t agree, you should not continue to visit this website or purchase anything from me.

All products and services advertised on this website are offered in compliance with Australian Consumer Law. They also do not claim to diagnose, treat or heal. And rest assured, all that is offered is done so based upon my knowledge, experience, training, and qualifications.

These Terms & Conditions may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

There may be additional specific terms of service relevant to my services and products. These are listed and linked below in the section on Terms of Purchase & Terms of Service. If you have any questions about these terms, or if anything in them does not seem fair to you, please contact me to discuss your concerns before you make a purchase.

If there is any inconsistency between these Website Terms & Conditions and those specific terms, this document is overruled to the extent of the inconsistency. Where specific terms are not provided, the general terms below apply.

- CONTENT DISCLAIMER -

On this website and in my social media accounts, I provide information about Kinesiology, Mind/Body Medicine, Guided Energy and Spirituality. I also focus my content on the emotions that sit behind your pain, overwhelm, trauma, and stress. The information may relate to adults, teens and children and group activities. This content is provided solely for your interest and to support you to find balance, happiness, and direction in your life and that of your family.

Content Policy

The information I provide is based upon my own research, knowledge and experience with clients. I believe it to be valuable and true, and I take every care that is accurate, but I am human, and I may make mistakes. If something doesn’t sound right, please let me know.

Please be aware that the generalised information I provide is not a substitute for specialist advice tailored to your individual circumstances. I am not responsible for the decisions you make or actions you choose to take based on that general information.

There is no professional relationship formed by your visit to my website unless you explicitly choose to work with me in clinic, online, in a group capacity or by purchasing my products.

Any testimonials or results I may display on this website and in my social media are based on my first-hand experience in clinic/online and those of my previous clients. They are not guarantees that anyone else will achieve the same results.

While I take all reasonable care to ensure that the content I create is accurate, relevant and up to date, I make no guarantees and disclaim any legal liability for inaccuracy, incompleteness or error.

The content of all information provided on this site is entirely mine unless otherwise acknowledged. I may modify my content at any time, including altering or deleting it without notice.

Visitor Responsibilities

You are responsible for your own safety and wellbeing while browsing the internet. Do not act on anything you read without first conducting your own research, consulting appropriately qualified professionals, and making informed choices about what is right for you, based on your personal circumstances.

It really should go without saying, but as a user of my website, you agree not to behave maliciously, spam any other user, post defamatory content about anyone, infect any aspect of my website with malware, hack into any part of my website where you don’t have my permission to be, or use my website for any purpose other than consuming my content, engaging in my events, and purchasing my products or services. You also agree not to use my website or content in any way that is unlawful or harmful to any other person or business. You also agree not to copy any content or information for profitable use. If you do, I have the right to refuse you service and ban you from accessing my website or social media.

Downloads

This site offers paid and free downloads. While I take cybersecurity seriously and make every reasonable effort to ensure these downloads are safe and hassle free, I am not responsible for any viruses or other damage which might occur because of you downloading material from this site. Please make safety your priority and ensure you have adequate protection against viruses and other malicious attacks that may occur without my knowledge or consent.

External Links

From time to time, I may provide links to external sites. I have no control over the information provided on these sites, and the links are solely for your information, education, or entertainment. I do not endorse any products they offer for sale and have no relationship with them unless otherwise clearly notified.

I may provide links to the websites of my affiliates and clients. I think they are wonderful, but I do not explicitly endorse any services or products they offer for sale. While I believe them to be reputable businesses, any relationship you enter into with them is at your own risk, and I am not a party to the transaction in any way. If you find a broken link, feel free to let me know.

- IMPORTANT NOTICE - Terms of Purchase and Terms of Service -

There are a number of ways you may choose to work with me that are available to purchase or book through my website... And I hope we get to meet one day, after all that’s why I’m here and probably why you sought me out. The terms and conditions in this document apply to all my services and products unless alternative terms are explicitly provided to you. I offer:

Kinesiology and Mind/Body Medicine sessions face to face and online
Guided Energy Medicine Alignments and Core Belief work face to face and online
Other services including Chakra Balancing, AromaTouch Massage and Hair Tissue Analysis
Group work including Women Circles, Workshops and at times, Courses and Retreats
A variety of products associated with the modalities that I work with such as crystals, essential oils products, information sheets and essences.

My intention in offering these services and products is to support you with your journey into healing and to educate you so you can support yourself.

Why Work with Me?

I believe it is my responsibility to ensure my clients wellbeing is held at the utmost priority. For this reason, I only work within the scope of my training and qualifications. Of course there will be people who don’t resonate with what I do – that’s fine, you can move on – but if you do resonate, I look forward to sharing all I have to offer with you.

After I graduated from a dual diploma of Kinesiology and Mind/Body Medicine, I started working in my homebased clinic in Maroubra, NSW from March 2016. This was complemented with Kinesiology for Kids, AromaTouch Technique and other short courses that would all build a comprehensive package of healing for my clients.

With the arrival of covid in 2019 – 2022 I expanded to deliver online appointment and services. I became qualified as an advanced Liquid Crystal Practitioner and level 1 Australian Bush Flower Practitioner to enable me to supplement the sessions with products to help clients between appointments.

In 2023 I added Guided Energy Medicine and core belief work to the mix. This has taken my sessions to a new level.

I maintain up to date working with children check, mental health first aid, first aid and CPR certification. You can read more about my journey and my approach to health on my ABOUT PAGE.

Professional Advice

If any concerns arise during our work together, I strongly recommend you seek advice from an appropriately qualified professional. I will only ever work within my scope of training, and I will never diagnose or treat you as a doctor would.

You will get the most out of working with me if:

You do the work between sessions.
You are open and curious about kinesiology, energy, and the power that can be found within.
You are willing to learn and explore with an open mind.

You might not be a good fit for this work if:

You are looking for a diagnosis.
You are not willing to do the work between sessions.
Are looking for a “quick fix”.
Are fully skeptical about the power of energy and what is possible when we work with it.

- PAYMENT TERMS -

You may choose to pay for your purchases from my website using Stripe, Paypal, WISE or EFT deposit to my bank account (some incurs fees, which you the client are responsible for). EFT is preferred from Australian customers to avoid fees.

For face to face appointments, you will receive an invoice and I ask that payment be made prior to your booking. You may also pay for in clinic appointments on the day using one of the methods outlined above or in cash.

For Online Appointments, you will receive an invoice. This is required to be paid in full at least 2 days before your appointment. Failing to do so may result in the appointment being rescheduled until the full payment is cleared in my bank.

I will email your tax receipt to you after your payment clears in my account. Please let me know if there is any issue, or you do not receive a receipt.

Currency & GST

All prices on my website are in Australian dollars and are inclusive of GST. You will be responsible for any fees and postage.

Packages: Payment plans are offered for our packages. These payment plans offer 2 instalments so you can spread your payment out over time. You are still committed to paying the whole amount, even if you change your mind about your purchase, as you have had access to my intellectual property and experience, or I may have completed the work with you already. It is your responsibility to ensure you have sufficient funds to make payment instalments on time.

Programs and Workshops: At times I hold workshops and larger programs or multiple day retreats. In these instances, a payment plan will be offered only to those willing to attend the event, workshop, or retreat and this will be at my discretion. You are still committed to paying the whole amount, even if you change your mind about your purchase.

Debt Collection / Overdue Payments

If you have not paid your invoice by the time of your appointment, we will either reschedule or you will be required to pay on the day.

If an invoice is more than 14 days overdue, I will send you a reminder. I will continue to send weekly reminders after that until payment is received. After the first reminder, an administrative fee of $27.50 (inc. GST) will be added to the total amount due for every reminder sent. This is because having to nag you for my payment is not pleasant or fair to me. If there is a problem with payment, please contact me as soon as possible to make alternative arrangements and avoid incurring this administrative fee.

If an invoice is more than 90 days overdue, you agree to pay all costs, including debt collection agency fees and solicitor’s costs, that I may incur in taking steps to recover any money that you owe to me, whether or not legal proceedings are issued in relation to the debt.

- DELIVERY -

Appointments

You will either have your appointment online via zoom or in person at Zode Kinesiology. Payment is prior to these appointments occurring.

Workshops, Circles, Events

Through the year I organise events, workshops, or women circles. These are to be paid for at the time of booking either through a third-party site such as Humanitix, Eventbrite, or equivalent, or directly to Zode Kinesiology.

Products

There are several resources (free and charged) available for download on my website. These will be delivered by email at the time of purchase. Payment must be completed at the time of booking via PayPal.

I will email the documents to you within 24 hours of your payment clearing my account.

- APPOINTMENT POLICY -

All our appointment can be in person or online. You need to first book an appointment with me either by phone, email or booking directly on my client booking portal. Any rescheduling needs to be done at least 4 hours before the original appointment time.

With Guided Energy Medicine we can also undertake Time Released appointments. Appointments must be paid in advanced or on the day of your appointment. Online appointments must be paid for in advanced. Failure to do so may result in your appointment being rescheduled.

You will receive a confirmation email with a link to an intake form. This needs to be completed online and submitted at least 48 hours prior to your appointment. If this is not done, we will complete the form together at your first visit.

If we are meeting online, via Zoom, you will be sent the link prior to the appointment. It is your responsibility to be available at the specified time. If you are not available, I will try to make contact with you via email and/or phone for 15 minutes past the appointment time, and then I will cancel the appointment. I understand that life happens so I will always offer you an opportunity to reschedule.

I am human, and very rarely I may miss a consultation. If this happens, I will apologise profusely and hope that you will be as understanding of me as I try to be when our positions are reversed. If I can’t make an appointment, I will give you as much notice as possible. I will offer you an opportunity to reschedule and if urgent, I will fit you in outside my normal consultation hours.

- REFUND POLICY -

APPOINTMENTS and EVENTS:

I do not offer refunds for any service or package, or women circle provided by Zode Kinesiology.

PRODUCTS and/or SERVICES:

Minor Problem

All sorts of things can go wrong when purchasing resources or events online. If you have a problem, let me know asap, and I will do my best to fix it as quickly as I can. I will offer a full refund for any physical or technical problems or errors which cannot be resolved to our mutual satisfaction within 48 hours of your purchase.

Major Problem

A major problem is one which cannot be fixed or is too difficult to fix within a reasonable time. It is something that would have prevented you purchasing the product or service if you had known about it in advance. When there is a major problem, you have the right to choose whether you would prefer to:

Cancel your purchase and receive a refund: if you would like to receive a refund due to a major problem, you must contact me within 48 hours of downloading the product, gaining access to the content, or receiving the service. Please make sure that you clearly explain the issue that you have experienced and why you believe it to be a major problem. If I agree that there is a major problem and that I am unable to fix the issue for you, I will process your refund within 14 days.
Seek compensation for the difference between the price paid and the value of the product or services actually provided: if you discover a major problem and wish to cancel your purchase after 48 hours, you must tell me as soon as you become aware of the issue. I will negotiate with you in good faith to determine whether you are entitled to a refund based on the nature of the problem, the time since purchase and what is reasonable and fair to us both under the circumstances.

Change of Mind

I want you to be 100% happy with your purchase. However, I do not offer a refund if you change your mind, so you are encouraged to consider carefully whether a purchase is right for you before you make your payment.

Order Fulfilment Policy - Products

I will securely package and post your goods within 7 days of receiving your order. Every effort will be made to ensure your goods arrive intact and in good condition. If you find the goods have been damaged in transit, please advise me within 24 hours and return the goods with all the original packaging to 16 McIver Place Maroubra NSW 2035.

Replacement Products

We will only replace a product if it has been broken in transit.

Consumer Guarantees

I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However, even if there is a major problem, my liability is strictly limited to:

replacing the goods or providing the services again; or
if I am unable to do so within a reasonable time, refunding the full amount that you have paid to me.

- INDEMNITY -

I do not make any guarantees or warranties about the accuracy of any material displayed on this website, or the products, services, or programs offered through it, except for any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. I am human and errors creep in despite my best intentions. If you see something that doesn’t seem right, please let me know and I will endeavour to correct it.

While I make all reasonable efforts to ensure that this website and my services and products meet with the highest standards of best practice, if something does go wrong that is not a direct result of my negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, I will not be liable for any loss or damage arising out of or related to my website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.

All sorts of things can go wrong when purchasing resources or courses online. If you have a problem, let me know and I will do my best to fix it as quickly as I can. I will offer a full refund for any physical or technical problems or errors which cannot be resolved to our mutual satisfaction. If you have an issue with a service I have provided, please contact me immediately at hello@zode.com.au to discuss the issue.

You take full responsibility for your implementation of any suggestions that I may make while providing my services. You understand that my advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or making significant changes. You agree to indemnify me against all consequences arising directly or indirectly from your choices, unless I have breached my professional responsibility to you.

You expressly agree that if this indemnity is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to me.

- INTELLECTUAL PROPERTY -

Copyright and Trade Secrets

You may not copy or reproduce any part of my publicly available content without my written consent. There are free resources on my website, in these instances this information may be downloaded for personal use only. You may store, print, and reproduce the publicly available content that I supply solely for your own personal use, and only if I am clearly acknowledged as the source.

If you are participating in my services, courses, workshops, or retreats, content may be printed or downloaded to a local hard disk strictly for your personal and non-commercial use. Event and Course content contains my trade secrets that are offered exclusively to participants. It is an essential condition of participation that you agree that you will not provide extracts of any course content to anyone else under any circumstances without my explicit written consent.

Commercial exploitation of my content in any way that competes with my business is strictly prohibited.

You may link to content on my website or social media profiles, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.

Trade Marks

I own the unregistered trade mark: Zode Kinesiology, our logos, and service marks displayed on this website. These trade marks may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.

As a certified practitioner of Kinesiology, Mind/Body Medicine, and Guided Energy Medicine, I am authorised to display the Australian Kinesiology Association, Mental Health First Aid, and relevant logos under license by the owning organisation.

- RESPECTFUL COMMUNICATION -

I love hearing from you.

I reserve the right to moderate any comments made on this website, in the Facebook Groups I control, and on any of my social media pages and profiles, including deleting comments that I deem to be rude, offensive, spammy or unacceptable, without any notification or correspondence with you. Keep all communication kind and polite, please. Let’s be kind and treat people equally.

If you attend groups, women circles, courses, retreats, or other programs, you will be bound by specific responsibilities around engagement and confidentiality which must be strictly complied with.

Disrespectful or aggressive behaviour towards me or anybody else will not be tolerated.

You can read more in our Code of Ethics and Professional Conduct Policy.

- DISPUTE RESOLUTION -

Negotiation

If you have any concerns, issues, or complaints arising out of your use of this website, my products or services, or these terms and conditions, you agree to communicate with me with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email me at hello@zode.com.au and expect a response within 4 business days.

Mediation

If the dispute cannot be resolved by negotiation and discussion within 21 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online or by telephone if anyone would need to travel for more than an hour to attend the mediation.

The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of New South Wales or similar neutral authority.

We agree to share all the costs of mediation equally between us.

We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

We both agree that should we find ourselves in a dispute we will not engage in any public discussion about the issue/s, and we will both behave professionally and politely toward each other.

Jurisdiction

These Website Terms & Conditions are subject to the governing law of NSW. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of NSW, and the Commonwealth of Australia, will have exclusive jurisdiction.

Thank you for reading & respecting my T&Cs

CREDIT This document was created with the support of Carefree Counsel. Copying it without permission is an infringement of my copyright and Carefree Counsel’s. Look after your business and your clients by getting your own Contracts that Care!