THE POSSESSED FLOWER: Website Terms of Service

WEBSITE TERMS OF SERVICE

1. Introduction

These Terms and Conditions ("Terms") govern your use of this website (the "Website") and your purchase of any products or services offered through it, operated by Tracey Gold under The Possessed Flower ("we," "us," "our").

By using this Website or purchasing any product or service through it, you ("you," "the Customer") agree to be bound by these Terms in full. If you do not agree, please do not use the Website or purchase any products.

We are not engaged in rendering medical advice, and we do not hold ourselves out as qualified to do so. We strongly recommend you seek professional medical advice before beginning any new diet or exercise program.

2. Who We Are

We operate as a New Zealand-based business. For any enquiries regarding these Terms, please contact us at thepossessedflower@gmail.com.

3. Our Products & Services

Through this Website we offer:

  • Digital courses, ebooks, and journals, sold through The Altar (our digital shop)

  • Private 1:1 coaching (The Ritual), governed additionally by a separate Coaching Agreement. The Ritual includes access to The Vault, our private library of practical resources, which is provided exclusively to 1:1 coaching clients as part of their program and is not sold separately.

  • Community coaching (The Collective)

4. Fees & Payment

Prices for all products are displayed on the Website in New Zealand dollars (NZD), inclusive of GST where applicable. Payment is required in full at the time of purchase unless a specific product listing states an instalment or subscription structure, in which case that structure will be clearly stated before purchase.

5. Cancellation & Refunds

Digital Courses/Ebooks (sold through The Altar): All purchases of digital courses, ebooks, and downloadable resources are final. Because these products are delivered immediately in intangible form, no refund will be provided once the product has been made available to you, except as required under the Consumer Guarantees Act 1993 (for example, where a product is faulty or not fit for purpose).

The Ritual (1:1 Coaching): The specific cancellation and refund terms for coaching services are set out in the separate Coaching Agreement provided to you before purchase. Please review this carefully, as it forms part of your agreement with us.

Nothing in this section limits any right you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, which cannot be excluded by agreement.

6. Your Account

Where a product requires account registration or platform access, you agree to:

  • Provide accurate, current, and complete information

  • Keep your login details confidential and notify us promptly if you believe your account has been compromised

  • Not share your access or login details with any other person

We may suspend or terminate access where we reasonably believe there has been a breach of security, misuse of your account, or a breach of these Terms.

7. Licence to Use Our Content

On purchase of a product, we grant you a personal, non-exclusive, non-transferable licence to access and use that specific product for your own individual purposes. This licence does not transfer any ownership, copyright, or other intellectual property rights to you.

You must not:

  • Share, reproduce, distribute, or resell any product or its content to any third party

  • Use our content, structure, or methodology to create derivative products for sale

  • Publicly post or republish any part of our content without our express written consent

  • Use automated tools to extract or scrape content from the Website

8. Health & Fitness Disclaimer

We are not a licensed physician, dietitian, psychiatrist, psychologist, or other registered health professional, and nothing provided through this Website constitutes medical, psychological, or dietetic advice, diagnosis, or treatment.

Any exercise or nutrition program, even for generally healthy individuals, carries some risk. You are responsible for exercising your own judgment, and for seeking professional medical advice before beginning any new program, particularly if you have a pre-existing medical condition, a history of disordered eating, are pregnant, or are otherwise at increased risk.

Where we provide a personalised plan as part of coaching, that plan is based on information you provide to us, and you are responsible for the accuracy and completeness of that information, including disclosing any relevant health conditions.

9. No Guaranteed Results

While we believe our programs and methods can produce meaningful results for many people, individual outcomes depend on effort, consistency, and circumstances outside our control. We provide no warranty, express or implied, as to the effectiveness of any program or the specific results you personally will achieve. Any testimonials shown reflect individual experiences and are not representative guarantees of your own results.

10. Intellectual Property

All content on this Website and within our products — including written material, course structure, illustrations, branding, and design — is our intellectual property and is protected under New Zealand and international copyright law. Unauthorised reproduction, resale, or exploitation of this content for commercial purposes is prohibited without our express written consent.

11. Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, or for fraud, to the extent such exclusion is not permitted under New Zealand law.

Subject to the above, to the maximum extent permitted by law, our total liability to you for any claim arising from your use of the Website or purchase of any product is limited to the amount you actually paid for the specific product in question.

12. Availability of the Website

We aim to keep the Website available and functioning correctly but do not guarantee it will be uninterrupted or fault-free. Access may occasionally be restricted for maintenance or reasons outside our control. This will not constitute a breach of these Terms.

13. Age Requirement

Our products and services are intended for individuals aged 18 or over. If you are under 18, you must have the express permission of a parent or guardian before purchasing.

14. International Use

If you access this Website from outside New Zealand, you are responsible for complying with local laws applicable to your use of our products and services.

15. Governing Law

These Terms are governed by the laws of New Zealand, and you agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

16. Changes to These Terms

We may update these Terms from time to time. The current version will always be available on this page, with the effective date noted below. Continued use of the Website or purchase of products after changes are posted constitutes your acceptance of the updated Terms.