Sidekick Soda Terms of Service

Last updated: 12 May 2026

These Terms of Service apply to your access to and use of the Sidekick Soda website, online store, products, subscriptions, promotions, customer accounts, reviews, and related services.

Sidekick Soda is the trading name of GOBSMACKINGLY GOOD LIMITED, a New Zealand limited company.

For certain United States operations, Sidekick Soda may also operate through SIDEKICK SODA ENTERPRISES INC., a Delaware corporation.

In these Terms, “Sidekick Soda,” “Sidekick,” “we,” “us,” and “our” means GOBSMACKINGLY GOOD LIMITED trading as Sidekick Soda and, where relevant, SIDEKICK SODA ENTERPRISES INC.

By using our website, placing an order, creating an account, submitting a review, signing up for a subscription, joining a promotion, or otherwise using our services, you agree to these Terms.

If you do not agree to these Terms, you must not use our website or purchase our products.

Important notice for United States customers: Section 30 contains a binding arbitration agreement and class-action waiver. It affects how disputes between you and Sidekick Soda are resolved. You may opt out of arbitration within 30 days as described in Section 30.9.

1. Contact Information

You can contact us at:

Email: hello@sidekicksoda.com

Phone:
United States: +1 800 917 2426
Australia: +61 2 9052 0881
New Zealand / International: +64 21 668 241

Mailing address — New Zealand:
GOBSMACKINGLY GOOD LIMITED trading as Sidekick Soda
PO Box 645
Wānaka 9343
New Zealand

United States registered office:
SIDEKICK SODA ENTERPRISES INC.
c/o A Registered Agent, Inc.
8 The Green, Suite A
Dover, DE 19901
United States

2. Eligibility

You must be legally capable of entering into a contract to use our website or buy our products.

If you are under the age of majority in your place of residence, you may use our website only with the involvement and consent of a parent or guardian.

Our website and products are not directed to children under 16.

3. Our Products

We sell beverages and related products.

Product descriptions, ingredients, nutritional information, packaging, images, availability, prices, and promotions may change from time to time.

We try to display product information accurately, but we do not guarantee that all product descriptions, images, colours, packaging, prices, or availability information will always be complete, current, or error-free.

Product images are for illustration only. Actual products, packaging, labels, colours, and batches may vary.

You are responsible for checking product labels, ingredient lists, allergen information, storage instructions, and best-before dates before consuming our products.

4. Health, Ingredient, and Wellness Information

Information on our website, packaging, social media, emails, advertisements, or other materials may refer to ingredients, nutrition, wellness, lifestyle, or general product benefits.

This information is provided for general information only and is not medical advice.

Our products are not intended to diagnose, treat, cure, or prevent any disease or health condition.

If you have allergies, intolerances, medical conditions, are pregnant or breastfeeding, take medication, or have specific dietary needs, you should read the product label carefully and seek advice from a qualified health professional before consuming our products.

You should not rely on our website, marketing, reviews, or social media content as a substitute for medical, nutritional, or professional advice.

5. Orders

When you place an order, you are making an offer to buy the products in that order.

We may accept or reject an order at our discretion, including where:

• A product is unavailable

• Payment is not authorised

• There is a pricing, description, or stock error

• We suspect fraud, abuse, resale, or misuse

• Shipping is not available to your address

• We are unable to fulfil the order for operational, legal, or safety reasons

An order is not accepted until we confirm acceptance or dispatch the products.

We may limit, cancel, or refuse orders that appear to be placed by dealers, resellers, distributors, bots, or automated purchasing systems, unless we have agreed otherwise in writing.

6. Prices, Taxes, and Payment

Prices are shown in the currency displayed at checkout.

Prices may change without notice.

Unless stated otherwise, prices may exclude shipping, duties, customs charges, local taxes, or other charges that may apply depending on your location and order.

You agree to provide current, complete, and accurate payment and billing information.

Payment must be authorised before we process your order.

We use third-party payment processors. We do not store full credit card numbers on our own systems.

If your payment is declined, reversed, disputed, or subject to chargeback, we may cancel your order or suspend access to relevant services.

7. Shipping and Delivery

Shipping options, costs, and estimated delivery times are shown at checkout or in our Shipping Policy.

Delivery times are estimates only. Delays may occur due to carriers, customs, weather, public holidays, stock availability, incorrect address information, or events outside our control.

You are responsible for providing an accurate and complete shipping address.

If an order is returned to us because of an incorrect or incomplete address, failed delivery, refusal, or non-collection, we may charge additional shipping or handling costs to resend it.

Risk and responsibility for products may pass to you on delivery, subject to any rights you have under applicable consumer law.

For international orders, you may be responsible for customs duties, import taxes, clearance charges, or other local fees. We are not responsible for delays caused by customs or border authorities.

8. Returns, Refunds, and Consumer Rights

Returns, refunds, replacements, damaged items, incorrect items, and order issues are handled in accordance with our Return and Refund Policy and applicable law.

Nothing in these Terms limits, excludes, or restricts any consumer rights, guarantees, warranties, or remedies that cannot lawfully be limited, excluded, or restricted.

If your product arrives damaged, defective, incorrect, unsafe, or otherwise not as required by law, contact us at hello@sidekicksoda.com with your order number and photos where relevant.

We may require reasonable evidence before providing a refund, replacement, or other remedy.

9. Subscriptions and Purchase Options

We may offer subscriptions, recurring orders, pre-orders, bundles, or other purchase options from time to time.

If you purchase a subscription or other recurring purchase option, you authorise us and our payment providers to charge your payment method at the frequency, price, and terms shown at checkout.

You can manage, pause, or cancel eligible subscriptions through your account portal or by contacting us at hello@sidekicksoda.com.

To avoid being charged for the next order, cancellation or changes must be completed before the next order is processed. If an order has already been processed, packed, shipped, or charged, it may not be possible to cancel that order.

Cancelling a subscription does not automatically cancel orders that have already been processed, shipped, or charged unless required by law or confirmed by us in writing.

Where required by law, including for California subscribers, we will provide renewal notices, acknowledgements, cancellation instructions, and other subscription information required by applicable automatic-renewal laws. If you sign up for a subscription online, you can cancel it online through your account portal or another easy-to-use online cancellation method, where required by law.

We may change, suspend, or cancel subscription offerings, but we will provide notice where required by law.

10. Text Message Marketing

If you provide your phone number and opt in to SMS or text message marketing, you provide your prior express written consent to receive recurring automated marketing text messages from Sidekick Soda at the phone number you provided.

Consent to receive marketing text messages is not a condition of purchase.

Message and data rates may apply. Message frequency varies.

You may opt out at any time by replying STOP to any marketing text message. You may reply HELP for help.

We may also send non-marketing text messages where permitted, such as order updates, delivery updates, account messages, or customer support replies.

Your use of SMS or text message services may also be subject to additional terms presented at the point of signup or in a separate SMS terms page.

11. Promotions, Discount Codes, Giveaways, and Rewards

We may offer promotions, discounts, referral rewards, free shipping, bundles, giveaways, competitions, or other offers from time to time.

Promotions may be subject to additional terms, eligibility rules, dates, limits, exclusions, or availability restrictions.

Unless stated otherwise:

• Promotions cannot be combined

• Discounts cannot be exchanged for cash

• Promotions may be changed or withdrawn at any time

• Promotions may be limited to certain products, regions, customers, channels, or dates

• We may cancel orders or rewards if we suspect fraud, abuse, technical error, or misuse

If separate promotion terms conflict with these Terms, the separate promotion terms will apply to that promotion.

12. Gift Cards and Store Credit

If we offer gift cards, vouchers, discount credits, or store credit, they are subject to the terms shown when issued.

Gift cards and store credit are not redeemable for cash unless required by law.

Lost, stolen, deleted, or unauthorised gift cards may not be replaced unless required by law.

We may refuse to honour gift cards or store credit that we reasonably believe were obtained fraudulently or used unlawfully.

13. Accounts

You may be able to create an account on our website.

You are responsible for keeping your account details, password, and login credentials confidential.

You are responsible for all activity that occurs under your account unless the activity is caused by our failure to use reasonable care.

You agree to provide accurate, current, and complete account information and to update it when necessary.

We may suspend or close accounts where we reasonably believe there has been fraud, misuse, security risk, unlawful activity, or breach of these Terms.

14. Reviews, Comments, and User Content

You may be able to submit reviews, ratings, photos, videos, comments, testimonials, social media posts, or other content.

By submitting content, you confirm that:

• The content is accurate and based on your honest experience

• You have the right to submit it

• It does not infringe anyone else’s rights

• It is not false, misleading, defamatory, abusive, obscene, unlawful, or harmful

• It does not contain confidential information or personal information of others without permission

If you receive any compensation, free product, discount, reward, or other incentive in connection with a review, testimonial, social media post, or other content, you must clearly disclose that connection in the content.

You grant us a worldwide, royalty-free, transferable, sublicensable licence to use, reproduce, publish, display, edit, adapt, translate, distribute, and promote your submitted content in connection with our website, products, marketing, advertising, social media, emails, and other business purposes.

We may moderate, edit, remove, refuse, or not publish user content at our discretion, including where we believe it breaches these Terms or applicable law.

We are not responsible for user content posted by customers or third parties.

15. Wholesale, Retail, Distributor, and Business Customers

If you interact with us as a wholesale, retail, distributor, trade, or business customer, additional terms may apply.

Those additional terms may cover pricing, payment, credit, minimum orders, delivery, resale, territory, brand use, merchandising, promotions, product handling, and other business terms.

If there is a conflict between these Terms and a written wholesale, retailer, distributor, or trade agreement signed or accepted by us, the specific business agreement will apply to the extent of the conflict.

16. Acceptable Use

You must not use our website or services to:

• Break the law

• Infringe our rights or anyone else’s rights

• Submit false, misleading, or fraudulent information

• Upload or transmit harmful code, malware, bots, or spam

• Scrape, crawl, copy, or harvest data without permission

• Interfere with the operation, security, or performance of the website

• Attempt to gain unauthorised access to systems, accounts, or data

• Misuse promotions, discount codes, referrals, reviews, or accounts

• Impersonate any person or entity

• Use our website for unlawful, harmful, abusive, or deceptive purposes

We may suspend, restrict, or terminate access to our website or services if we reasonably believe you have breached these Terms.

17. Automated Access, Bots, and Agents

You must not use bots, scrapers, crawlers, automated tools, AI agents, purchasing agents, data extraction tools, or similar technologies to access, scrape, copy, purchase from, interfere with, or interact with our website or services in a way that:

• Violates these Terms

• Bypasses security, consent, anti-fraud, rate-limit, age-gating, or access-control measures

• Circumvents purchasing limits, geographic restrictions, or promotional rules

• Collects data without permission

• Places orders in a misleading, abusive, fraudulent, or unauthorised way

• Interferes with the operation, security, or performance of our website

• Harms Sidekick Soda, Shopify, our customers, our service providers, or other users

Any automated tool, bot, agent, or similar technology that accesses our website must clearly identify itself and must not conceal or misrepresent its automated nature.

We may block, restrict, rate-limit, suspend, or terminate access by automated tools, bots, agents, or similar technologies at any time.

18. Intellectual Property

All content on our website, packaging, labels, designs, graphics, photographs, videos, copy, logos, names, trademarks, product names, recipes, trade dress, and other materials are owned by or licensed to us.

You may use our website for personal, non-commercial purposes only.

You must not copy, reproduce, modify, distribute, sell, exploit, reverse engineer, or use our content, branding, or intellectual property without our prior written permission, except as permitted by law.

Nothing in these Terms grants you ownership of any intellectual property rights.

19. Third-Party Tools, Apps, and Links

Our website may include third-party tools, apps, payment services, shipping services, review tools, subscriptions, social media features, maps, store locator functionality, analytics tools, advertising tools, or links to third-party websites.

Third-party services may be subject to their own terms and privacy policies.

We are not responsible for third-party websites, services, content, policies, practices, or availability.

Your use of third-party services is at your own risk, subject to any rights you have under applicable law.

20. Relationship with Shopify

Our store is powered by Shopify, which enables us to provide our online store and related ecommerce services.

However, any sales and purchases you make through our store are made directly with Sidekick Soda, not Shopify.

Shopify is not responsible for any aspect of sales between you and Sidekick Soda, including products, fulfilment, refunds, returns, customer service, injury, damage, or loss relating to products purchased from us, except where Shopify is separately responsible under its own terms or applicable law.

21. Privacy

Our collection, use, disclosure, and handling of personal information is described in our Privacy Policy.

You can read our Privacy Policy here:

https://sidekicksoda.com/pages/privacy-policy

You can manage certain privacy choices here:

https://sidekicksoda.com/pages/your-privacy-choices

Because our store is powered by Shopify, Shopify may collect and process personal information about your access to and use of our store in order to provide and improve Shopify-powered ecommerce services. For more information, please review our Privacy Policy and Shopify’s applicable privacy terms.

22. Errors, Inaccuracies, and Availability

Occasionally there may be information on our website or in our services that contains errors, inaccuracies, or omissions, including product descriptions, ingredients, nutrition information, prices, promotions, offers, shipping charges, delivery estimates, stock availability, or images.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders where permitted by law.

We do not guarantee that all products or services will be available at all times.

23. Website Availability and Changes

We may update, change, suspend, discontinue, or restrict access to all or part of our website or services at any time.

We do not guarantee that the website will be uninterrupted, secure, timely, or error-free.

We may perform maintenance, updates, or changes without notice.

24. Warranties and Disclaimers

Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, warranties, or remedies that cannot lawfully be excluded, restricted, or modified.

Subject to those non-excludable rights, our website and services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we disclaim all warranties, representations, or conditions not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee that:

• The website will be uninterrupted, secure, or error-free

• Product information will always be complete, accurate, or current

• Product colours, packaging, or images will exactly match what appears on your device

• Any product will achieve a particular health, wellness, dietary, or lifestyle outcome

• Reviews, comments, or third-party content will be accurate or reliable

25. Limitation of Liability

Nothing in these Terms limits or excludes liability where it would be unlawful to do so.

Subject to any non-excludable consumer rights or remedies, and to the maximum extent permitted by law, Sidekick Soda and its officers, directors, employees, contractors, suppliers, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, goodwill, data, or business opportunity.

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to these Terms, the website, services, or products will not exceed the amount you paid for the relevant product or service giving rise to the claim.

This limitation does not apply to liability that cannot be limited under applicable law.

26. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless Sidekick Soda and its officers, directors, employees, contractors, suppliers, service providers, and affiliates from claims, losses, liabilities, damages, costs, and expenses arising from:

• Your breach of these Terms

• Your misuse of our website, products, or services

• Your violation of law

• Your infringement of someone else’s rights

• Content you submit, upload, post, or share

This section does not limit any rights you have under applicable consumer law.

27. Events Outside Our Control

We are not responsible for delays or failures caused by events outside our reasonable control, including natural disasters, severe weather, fire, flood, pandemic, labour disputes, supply-chain disruption, transport disruption, customs delays, carrier delays, government action, war, terrorism, cyber incidents, power outages, internet failures, or other events beyond our reasonable control.

28. California Consumer Notice

California users are entitled to the following consumer rights notice: If you have a complaint, please contact us at hello@sidekicksoda.com.

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:

Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
United States

Phone: +1 (800) 952-5210

29. Governing Law

For customers in New Zealand, Australia, the United Kingdom, Taiwan, and other non-US markets, these Terms are governed by the laws of New Zealand, unless mandatory laws in your place of residence require otherwise.

For customers in the United States, these Terms are governed by the laws of the State of Delaware and applicable United States law, unless mandatory laws in your state of residence require otherwise.

Nothing in this section limits any mandatory consumer rights, protections, or remedies you may have under the laws of your place of residence.

30. Dispute Resolution

30.1 Informal Resolution

If you have a problem with an order, product, subscription, account, or service, please contact us first at hello@sidekicksoda.com so we can try to resolve it.

We will try to resolve disputes fairly and promptly. Many disputes can be resolved this way without formal proceedings.

30.2 Non-US Customers

If you are a customer or visitor located outside the United States, the arbitration provisions in Sections 30.3 through 30.11 do not apply to you.

You may pursue disputes through any court or tribunal of competent jurisdiction in your country of residence, and nothing in these Terms prevents you from contacting a consumer protection authority, privacy regulator, small claims tribunal, disputes tribunal, court, or other body where you have a legal right to do so.

30.3 Agreement to Arbitrate — United States Customers

If you are a customer or visitor located in the United States, except for the disputes carved out in Section 30.4, you and Sidekick Soda agree that any dispute, claim, or controversy arising out of or relating to:

• These Terms or any prior or subsequent version of these Terms

• Our website, products, services, subscriptions, marketing, advertising, or promotions

• Any purchase, account, payment, refund, return, or transaction

• Our handling of personal information, including under any applicable privacy law

• SMS or text-message communications

• Any allegation of false advertising, deception, or unfair practice

• The relationship between you and Sidekick Soda

will be resolved by binding individual arbitration rather than in court, except as provided below.

Arbitration is more informal than a lawsuit in court. An arbitrator can award the same damages and relief that a court can, and the arbitrator’s decision is final and binding, subject only to limited review under the Federal Arbitration Act.

30.4 Exceptions

The following disputes are not subject to arbitration:

• Claims that can be filed in a US small-claims court, so long as the matter remains in that court and is brought on an individual basis

• Claims for injunctive or other equitable relief relating to intellectual property, confidential information, or unauthorised access to our website or systems

• Claims brought by a federal, state, or local government authority on behalf of consumers or the public

• Any claim that applicable law does not permit to be arbitrated

30.5 Class Action Waiver

You and Sidekick Soda agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any class, collective, consolidated, or representative action.

No arbitrator may consolidate more than one person’s claims, preside over any form of class or representative proceeding, or award class-wide relief.

If a court decides that this class-action waiver is unenforceable as to a particular claim, that claim, and only that claim, will proceed in court, and the rest of this Section 30 will remain in effect for all other claims.

30.6 Arbitration Procedure

Arbitration will be administered by the American Arbitration Association, also called AAA, under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, in each case as modified by these Terms.

The AAA’s rules and forms are available at www.adr.org.

The arbitration will be conducted by a single neutral arbitrator.

Hearings will be held either in the US county where you live, by telephone or video conference, or at another location both parties agree to in writing.

The arbitrator will apply applicable law, including the Federal Arbitration Act, and will issue a written decision explaining the award.

30.7 Arbitration Fees

We will pay all AAA filing, administrative, hearing, and arbitrator fees for any arbitration you initiate where the amount in dispute is less than $10,000.

For disputes where the amount in dispute is $10,000 or more, fees will be allocated under the AAA Consumer Arbitration Rules, with your share capped at the consumer maximum specified in those rules.

Each party will otherwise pay its own attorneys’ fees and costs, except where applicable law requires otherwise.

30.8 Mass Arbitration Protocol

If 25 or more arbitration demands of a substantially similar nature are filed against us by or with the assistance of the same law firm or coordinated group of firms within a 60-day period, a “Mass Filing,” the following procedure applies:

1. The parties will select 10 bellwether cases — 5 chosen by claimants’ counsel and 5 by us — to proceed first under standard AAA Consumer Arbitration Rules.

2. The remaining cases will be stayed pending the bellwether outcomes.

3. After the bellwether arbitrations conclude, the parties will participate in good-faith mediation for the remaining cases for at least 60 days.

4. If mediation does not resolve the remaining cases, claimants may proceed with their individual arbitrations in batches of no more than 50 at a time.

This procedure is intended to allow efficient resolution of mass filings while preserving each claimant’s right to individual arbitration. Nothing in this section is intended to limit any rights you have under applicable law.

30.9 30-Day Right to Opt Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to hello@sidekicksoda.com within 30 days of first agreeing to these Terms.

Your notice must include your full name, the email address associated with your account or order, and a clear statement that you do not wish to resolve disputes through arbitration.

Opting out will not affect any other part of these Terms.

If you opt out, both you and Sidekick Soda retain the right to bring claims in a court of competent jurisdiction.

30.10 Governing Law for This Section

This Section 30 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and federal arbitration law.

The interpretation, validity, and enforceability of this arbitration agreement will be determined under federal law.

30.11 Severability and Survival

If any portion of this Section 30, other than the class-action waiver in Section 30.5, is found to be unenforceable, the remainder will continue in full force and effect.

If the class-action waiver in Section 30.5 is found to be unenforceable as to the entire dispute, Sections 30.3 through 30.10 will not apply to that dispute, which will instead be resolved in a court of competent jurisdiction, with you and Sidekick Soda each waiving any right to a jury trial to the extent permitted by law.

This Section 30 will survive any termination of your relationship with us or these Terms.

31. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, products, services, website, legal obligations, or operations.

The updated Terms will be posted on this page with a new “Last updated” date.

The Terms in effect at the time you place an order will generally apply to that order.

If we make material changes, we may provide additional notice where required by law.

32. Severability

If any part of these Terms is found to be unlawful, invalid, or unenforceable, that part will be interpreted or limited to the minimum extent necessary, and the remaining parts will continue in full force and effect.

33. No Waiver

If we do not enforce any part of these Terms, that does not mean we waive our right to enforce it later.

34. Entire Agreement

These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, Contact Information, and any additional terms presented at checkout or for specific promotions or services, form the agreement between you and us regarding your use of our website, products, and services.