Terms and Conditions


The website collectiveupside.com (“Website”) is provided by Collective Upside Limited “Collective Upside”. Your access to, and use of the Website, including purchasing any of Collective Upside’s Products (“Products”) and/or Services (“Services”), is provided subject to you agreeing to the following Terms and Conditions. Your access to, and use of the Website (including purchasing any Products and Services) indicates your acceptance and agreement to the following Terms and Conditions. 

    1. “CU” means Collective Upside Limited is incorporated and registered in New Zealand whose registered office is at Mackrell Murcott, 17 Clifton Road, Hamilton Central, Hamilton 3204.
    2. “Order” means an order submitted by you to Collective Upside for the purchase of Products or Services. 
    3. “Personal Information” means information about an identifiable individual.
    4. “Products” means any product provided by Collective Upside to you.
    5. “Services” means any services provided by Collective Upside to you.
    6. “Terms and Conditions” means these Online Terms and Conditions (as amended from time to time).
    7. “Website” means Collectiveupside.com.
    1. Violate or breach any laws or regulations;
    2. Commit or aid any criminal acts;
    3. Engage in actions that may cause any disadvantage, loss, or damage to Collective Upside or any third party;
    4. Violate the legal rights, such as property rights or privacy, nor defame the reputation of Collective Upside or any third party;
    5. Use another person’s e-mail address with the intention of misleading Collective Upside or any third party;
    6. Use any device, method or software to interfere with the proper functioning of this Website; or
    7. Engage in any other activity that Collective Upside deems inappropriate.
    1. Collective Upside grants you permission to access, view and use the Website on the basis that you agree to these Terms and Conditions and that you do not:
    1. When you access the Website, Collective Upside gives you a limited licence to access and use the information on the Website for your own use. Your use of the Website’s content in any other way, such as for commercial use, without Collective Upside’s prior written consent breaches these Terms and Conditions.
    1. The information provided on the Website is for general guidance only. You must make your own assessment of the suitability and appropriateness of the information and Products for their particular use.
    1. The information provided is true and accurate and you agree to update your details if they change; and
    2. Any individual that makes an Order is aged over 18 years and can form a legally binding contract.
    1. Each person that places and Order on behalf of the Entity is over 18 years of age; and
    2. Each person placing an Order on behalf of the Entity is expressly authorised by that Entity to make the Order on its behalf. 
    1. Information is not provided or the information provided is false or misleading; or 
    2. Credit checks conducted by Collective Upside are not to its satisfaction.
    1. To order Products or use Services supplied by Collective Upside (“Order”), you must provide certain Personal Information (“Personal Information”).
    2. Each time you place an Order you warrant and represent that:
    3. When entering information on behalf of a company, trust, limited partnership or other entity (“Entity”), you warrant that:
    4. Collective Upside will hold and collect your Personal information (as applicable) in accordance with Collective Upside’s Privacy Policy which form part of these Terms and Conditions.
    5. Collective Upside reserve the right to, in its sole discretion, refuse to enter into an agreement with you or provide you with any Products for any reason including, but not limited to, where:
    1. Collective Upside reserves the right to cancel your Order for any reason including, but not limited to, where Collective Upside believes the Order to be fraudulent or constitutes a misuse of a promotional or marketing activity or where an error has occurred including, but not limited to, errors relating to pricing. 
    2. If Collective Upside does cancel, withdraw or restrict your ability to Order, Collective Upside accepts no liability of any resulting damages or costs suffered by you. Where the purchase price has already been paid however, Collective Upside will refund the purchase price to you.
    1. Collective Upside uses reasonable endeavours to ensure this Website is secure. However, you acknowledge that the security of information and payments transmitted via the internet can never be entirely secure or error free. Collective Upside will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties or any computer programmes.
    1. Copyright to the documents, images, and other materials on the Website belong to Collective Upside or Collective Upside has a licence to use the copyright unless otherwise specified. 
    2. All materials on the Website are protected by copyright laws and other applicable international laws and treaty provisions. 
    3. Collective Upside’s name, product names, and the logos used on the Website are the Intellectual Property of Collective Upside.
    1. Collective Upside is not a medical organisation and does not and cannot give or purport to give you any medical advice or assistance in any form whatsoever. Nothing on the Website or anything associated with the Website should be taken or understood as medical advice or assistance nor should it be substituted for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners. 
    2. Collective Upside encourages you to seek appropriate medical advice or assistance before using the Website or any Products and Services. 
    3. Your continued use of the Website, Products and Services will be deemed as your acceptance that Collective Upside, and any affiliates, service providers and/or suppliers of Collective Upside, do not warrant or make any representation about the content of the Website, Products, Services or offers, and specifically do not make any representations about the risks, results, reasonableness, or accuracy or otherwise of such content of the Website, Products, Services or offers. Your use of the Website, Products, Services or offers is at your sole risk.
    1. The use or inability to use the Website, which may directly or indirectly result from any opinion, information, advice, representation or omission contained on the Website;
    2. Equipment shutdown due to disaster, line problems/failure, or maintenance, computer viruses, corrupted files, or any other similar software or data or data tampering, unauthorised access, or leakage by third parties etc.
    1. The information on the Website is provided “as is” and excludes to the fullest extent possible under law, any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 
    2. Collective Upside does not guarantee or represent the accuracy, timeliness, or availability of the contents of the Website and that it will always operate or be free from errors, including, but not limited to, the description of Products, or any images displayed on the Website. However, errors and omissions on the Website and the information on it may occur from time to time. 
    3. If your Order is affected by a genuine human or system error (including in a description, an image or a price), Collective Upside reserves the right to refund any amount paid to Collective Upside.
    4. To the maximum extent permitted by law, Collective Upside does not accept any liability for, any incidental, indirect, special or consequential damages (including personal injury) arising out of, or in connection with your use of the Website (including purchasing Products and Services) which may be caused by:
    5. You will indemnify Collective Upside against any loss of or damage to property, data or software which is lost, corrupted, deleted or altered due to your act or omission. 
    6. Collective Upside shall not be liable for any loss or damage arising out of and change or alterations to the contents and suspension or closure of the Website, regardless of the reason. 
    7. Collective Upside will not be held responsible for any delay or failure to comply without obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond Collective Upside’s reasonable control. 
    8. You represent and warrant to Collective Upside that Collective Upside will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation and personal injury) in contract, tort, under statute or otherwise, as a result of, or arising directly or indirectly from or in connection with these Terms and Conditions.
    1. If you are using the Website or its contents or placing an Order for business purposes, the exclusions and limits set out in these Terms and Conditions will apply and the Consumer Guarantees Act 1993 will not apply.
    1. These Terms and Conditions will be construed and governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the Courts of New Zealand.
    1. Collective Upside reserves the right to amend these Terms and Conditions at any time by posting the amended Terms and Conditions on the Website without prior notice. The amended Terms and Conditions will be effective immediately upon the posting on the Website. You are responsible for checking for the most current version of the Terms and Conditions whenever you use the Website. Your continued use of the Website will be deemed as your acceptance of the amended Terms and Conditions.
    1. Collective Upside may use “cookies'' to provide you with access to tailored information and services on the Website and to serve you better when you return to it again. A cookie is a small data file that the site sends to your browser, which may then store it on your computer for later retrieval by the Website. Cookies track your movements through different websites; they do not record any other personal information about you. Cookies are widely used on websites to help with navigation and to personalise your experience when you visit a website. Most browsers automatically accept cookies, but you may choose to change your settings to prevent cookies being stored. However if you do this, the service Collective Upside is able to provide through the Website may be inhibited.  
    1. If you have any questions or concerns in relation to the Website or these Terms and Conditions, please contact us by email at chris@collectiveupside.com.