Terms of Service

The following details our website terms of use and privacy policy.

Last Updated: 16 July 2020

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Ownership of Site; Agreement to Terms of Use

Welcome to Secretlab’s website located at secretlab.co.nz (the Site). Secretlab NZ Limited (Secretlab, we, us or our) is the operator of the Site. Our New Zealand Business Number is 9429048111058 and its IRD number is 275763465. BY USING THIS SITE, YOU AGREE TO THESE WEBSITE TERMS OF USE (THESE TERMS OF USE); IF YOU DON’T AGREE, DON’T USE THE SITE.

If you follow these Terms of Use, you may use the Site for your non-commercial, non-exclusive, non-assignable, non-transferable, limited and personal use. You may not use this Site for any other purpose.

1. Information about us

We are Secretlab NZ Limited (Secretlab, we, us or our), a New Zealand limited liability company. Our New Zealand Business Number is 9429048111058 and its IRD number is 275763465.

To contact us, please see our Contact page.

2. General restrictions on use

This Site contains text, illustrations, icons, photographs, sounds, music, artwork, computer code, visual interfaces, user interfaces, slogans, product names, trademarks and logos, including but not limited to their design, structure, selection, coordination, “look and feel”, the user experience they evoke, flow and arrangements (together, the Content). As a visitor to our Site, you must follow these Terms of Use when using the Site and any of its Content. Your use of the Site must comply with applicable laws, regulations and generally accepted practices or guidelines.

You may access the Site and its Content only through web browsers. You won’t and won’t try to access the Site or any of its Content through any other interface or method. Specifically, you won’t “page-scrape”, “spider”, “deep-link”, “robot”, “web crawl” or use any device or algorithm or method, automated or otherwise, to access, acquire, copy or monitor any part of this Site or its Content. You won’t circumvent our Site’s navigational structure. You will refrain from exploiting the Site to access information that we hid from the public intentionally.

You may not access any part of the Site, or any other servers, systems or networks connected to it (Secretlab Systems) without our permission. You may not try to gain such access whether by hacking, password “mining” or any other illegitimate means. You may not act to interfere with or impair the performance or security of the Secretlab Systems. Prohibited activities include any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Secretlab Systems.

You won’t probe, scan or test the vulnerability of the Secretlab Systems. You won’t breach the security or authentication measures of the Secretlab Systems. You may not seek to discover the identity of any Site visitor or Secretlab customer for any purpose.

When you communicate with Secretlab, you may not impersonate anyone. Please don’t pretend to represent someone without actual authorisation. You should be aware that identity theft is a crime.

Don’t use the Site or any Content for illegal activity or in breach of these Terms of Use. Examples include:

  • using the Content to cause confusion to others about your relationship with Secretlab;
  • representing yourself as our authorised reseller or distributor when you are not; or
  • using the Content to make and sell counterfeit products, and others.

We don’t authorise any person to act as our authorised distributor or reseller. Anyone who pretends to be one is infringing upon our trade name, logo and trademark. We will seek redress to the full extent of the law, including and up to criminal prosecution.

3. Content

We own or have the rights to all the Content and its related all intellectual property rights. You have no rights in or to the Content other than to use them according with these Terms of Use. We do not allow use of the Site or its Content outside of the permitted scope defined by these Terms of Use. Be aware that violating intellectual property laws may lead to criminal prosecution that culminates in jail time.

You may not duplicate, broadcast, perform, republish, upload, post, publicly display, encode, translate, transmit, mirror or otherwise distribute, or create derivative works from, any part of the Site or Content, or otherwise exploit any of them for any commercial use without our prior written consent.

You may not remove or alter any copyright notice or any other proprietary notice from any Site pages or any Content. If you download materials from our Site, you will not alter them.

Do not submit any unsolicited idea, work, material, proposal, suggestion, artwork, content or the like (User Materials) to us. If you do, it means that you grant Secretlab and all of its subsidiaries and affiliates a worldwide, irrevocable, perpetual, transferable (through multiple tiers of transfers) license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Materials without any compensation to you. We will be able to share User Materials publicly. We don’t have to acknowledge any User Materials.

Certain features of the Site, such as the registration for extended warranty protection, will require you to consent to linking your social media pages to the Site so that we may display comments that you made on your social media accounts regarding the Products (the Social Media Callouts). By registering for extended warranty protection, you grant Secretlab and its affiliates a worldwide, perpetual, irrevocable, transferable, license to use and display the Social Media Callouts and to use it to create advertisements, marketing and other promotional materials derived from such Social Media Callouts, all fully paid up in consideration for our extension of your limited warranty term.

4. Purchases; other terms and conditions

Should you buy any products directly from the Site, your product purchases are governed solely by the terms and conditions of your sales contract with us. Nothing on this Site should be construed to alter the terms of your sales contract with us.

If you take part in any contests or promotions featured on specific parts of the Site, you will be required to agree to additional terms and conditions of the promotion at your point of participation. All such additional terms and conditions (Other Terms) are made a part of these Terms of Use by this reference. You agree to follow these Other Terms to the extent that they apply to your activities on the Site. If the Other Terms conflict with these Terms of Use, the former shall control with respect to your activities that occurred under that specific web page you visited.

5. Errors, inaccuracies and omissions

Sometimes the website will have errors, inaccuracies, or omissions. We reserve the right to correct them without informing you.

6. Accounts, passwords and security

We don’t require you to register for an account to access or use the Site. However, you have the option of creating an account on the “Cart” page and on the “Payment” page during checkout. Any account that you create is maintained and controlled by Shopify Inc., a Canadian multinational e-commerce company, and we have no access to those accounts. Shopify’s account registration feature allows you to create an account to store your order and shipping addresses for faster checkout should you return to the NZ Store or choose to buy from other retailers who use the Shopify platform. Please review our Privacy Statement to understand how we protect the transfer of your personal information to third parties such as Shopify.

7. Privacy

Your privacy is important to us. In addition to the personal information that you provide to us when you create an account or when you start the checkout process, we also collect other types of personal information that we use to run the Site. Our Privacy Notice describes our privacy practices, including what personal information we collect and how we use them. If you have questions about our treatment of your personal information, please write to compliance@secretlab.sg.

IF YOU DO NOT CONSENT TO OUR PRIVACY PRACTICES, DO NOT USE THE SITE OR PROVIDE ANY OF YOUR PERSONAL INFORMATION TO US. By continuing to use or access our Site in any way, you demonstrate your agreement to our collection, storage, protection, use, disclosure, retention and maintenance of your personal information in the manner described in our Privacy Statement.

8. Links to other websites

The Site may contain links to other independent third-party websites (Linked Sites). Linked Sites may use our website logo or style due to a co-branding agreement. These websites may set cookies on your browser. They may collect your personal information and make use of that information in ways that we don’t. Secretlab has no control over Linked Sites. These Terms of Use don’t apply to them. You will need to determine for yourself how to interact with these Linked Sites.

9. Disclaimers of warranties

SECRETLAB DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. WE MAKE NO ASSURANCES THAT WE WILL CORRECT ANY DEFECT OR THAT THE SITE OR ITS CONTENT WILL MEET YOUR NEEDS. THE SITE AND ITS CONTENT IS DELIVERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SECRETLAB MAKES NO PROMISES THAT ANY DATA OR FILE YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

SECRETLAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY LAW. SECRETLAB WON’T BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others. This is the case even if we inform you that a particular transmission (for example, credit card information) is encrypted.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES AND IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT, YOUR ONLY REMEDY IS TO STOP USING IT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND SECRETLAB.

Our disclaimers apply broadly to any and all damages, liability, injuries and losses that may be caused by any error, omission, interruption, defect, network delay or failure, failure of performance, virus, theft, destruction, unauthorised access or alteration, breach of contract, tort, negligence or any other cause of action. Nothing in these Terms seek to exclude, limit or modify any statutory warranty or guarantee that cannot be excluded, limit or modified by law.

Secretlab reserves the right to do any of the following for any reason and at any time without informing you: (1) modify, suspend or end the operation of or access to any part of the Site; (2) modify or change any part of the Site, and any of its policies or terms; and (3) interrupt the operation of any part of the Site to perform routine or non-routine maintenance, correct errors or make other changes.

10. Limitation of liability

We don’t exclude or limit our liability to you where it would be unlawful to do so. In all other cases, Secretlab won’t be liable to you for any consequential, special, indirect, incidental or punitive damages, including lost profits, even if Secretlab is aware of the possibility of such damages.

If, despite these Terms of Use, Secretlab is found to be liable to you for any damage or loss which is in any way connected to your use of the Site or any Content (excluding your reliance on the Content to make your decision to purchase our products, in which case, our liability is governed by the terms and conditions of sale that you entered into when you purchased the relevant products and the terms of our Limited Warranty), our liability won’t exceed New Zealand Dollars 100.00 to the extent it is lawful for us to adopt such a limitation.

11. Indemnity

You agree to fully indemnify and hold Secretlab, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, costs or expenses (including the fees of legal service providers), made against Secretlab by any third party due to or arising out of or in connection with (1) your violation of any of these Terms or Other Terms; (2) your violation of any rights of any third party; and (3) any use or access of this Site by a third party using your Internet account or your account login resulting from or arising out of your negligence. Your obligation under this paragraph shall survive the expiration or termination of these Terms of Use and your use of the Site or Content. We reserve the right, at our own expense, to assume the exclusive defence and control and control of any matter otherwise subject to your obligation to indemnify in accordance with this paragraph, in which case you shall exercise your best efforts to cooperate with us in such defence.

12. Violation of these Terms of Use

Secretlab may disclose any information we have about you in connection with any investigation or complaint concerning your use of the Site. We reserve the right to disclose information to comply with any applicable law, regulation, legal process or governmental request. We will only disclose information to the extent we determine it to be necessary.

We may end any account you have with Secretlab or your use of any part of the Site at any time for any legitimate reason. For example, we may terminate or end your account or use of any part of the Site if you breach these Terms. We may also terminate your account or use of any part of the Site if we no longer own it. Secretlab may change, discontinue or otherwise suspend any part of the Site at any time, for any reason, and without letting you know in advance.

13. Complaint procedures

If you believe that any content on this Site infringes your intellectual property or other rights, please email us at compliance@secretlab.sg. In your email, please set out the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; and (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content that is objectionable.

14. Changes to these Terms

We may revise these Terms of Use and Other Terms at any time and for any reason. If we change them, we shall inform you on the Site. If we have your email address, we may also decide to email you about those changes. If you use the Site, you must check these Terms of Use and Other Terms for the latest updates. You are responsible for understanding your obligations to us under these Terms. Your continued use of the Site after we post changes to these Terms of Use and Other Terms and after the date of entry into force means you accept and agree to the changes.

15. Governing law; dispute resolution

These Terms of Use, the Other Terms, their subject matter and the formation of the contract between you and Secretlab under these Terms of Use, are governed by Singapore law. You and we both agree that the courts of Singapore will have exclusive jurisdiction.

Either you or Secretlab must bring a claim under these Terms of Use and the Other Terms within three years after the cause of action arises. Failure to do so will extinguish the rights to bring the claim. Claims made under the separate terms and conditions of sale for goods are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses. However, the prevailing party will be entitled to costs and lawyers’ fees. In the event of any dispute between Secretlab and you due to your use of the Site, we both shall try to resolve such dispute in good faith. If that is not possible or we fail to settle the matter within 30 days, either of us may submit the dispute to mediation. If the dispute can’t be resolved through mediation, both you and Secretlab shall be free to pursue any right or remedy available to them under applicable law.

16. Miscellaneous

Each of the paragraphs of these Terms of Use and Other operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Use or Other Terms, or if we delay enforcing our rights, that won’t mean that we have waived our rights against you. You must continue to perform your obligations even under these circumstances. If we do waive a default by you, we will only do so in writing. Just because we waived your default once does not mean that we will automatically waive any later default by you.

This Site is controlled and operated from New Zealand. Without limiting anything else, Secretlab makes no representation that the Site, its Content and any other services made available in, on or through the Site is appropriate or available for use in or access from other locations that Secretlab did not intend for the Site to service. Use of the Site by residents of, or access from, the territories where the Site or its Content is illegal is strictly prohibited.

Last Updated: 16 July 2020

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Before completing your order at secretlab.co.nz (the NZ Store), please carefully read these legal terms and conditions of sale (these Sale Terms) and the Website Terms of Use (the Terms of Use). TOGETHER, THEY FORM THE SALES CONTRACT BETWEEN YOU AND SECRETLAB NZ LIMITED (SECRETLAB, WE, US OR OUR) WHEN YOU SUBMIT YOUR ORDER TO BUY A PRODUCT FROM THE NZ STORE (the Product).

These Sales Terms are available only in English. You are encouraged to save and print these Sales Terms for future reference. Should you need a copy of your sales contract with Secretlab, please approach Secretlab through the Contact page. Secretlab will keep an electronic record of your acceptance of these Sales Terms.

The products available at the NZ Store are available for purchase only by consumers who are at least 18 years of age. If you aren’t of age, please ask your parent or guardian to review these Sales Terms and place the order for you.

If you are buying products for a business or on behalf of a business, please contact Secretlab via the Contact page. The product warranties given under these Sales Terms do not apply to any corporate purchases or products that are acquired for anything other than personal, domestic or household purposes.

IF YOU DON’T ACCEPT THE TERMS OF THE SALES CONTRACT, YOU WON’T BE ABLE TO BUY ANY PRODUCT.

1. Information about Secretlab

Secretlab NZ Limited is the seller of the Product you have selected to purchase from our NZ Store. Our New Zealand Business Number is 9429048111058 and our IRD number is 275763465.

2. NZ Store presentation

The NZ Store offers many products to cater to a variety of consumer tastes. While we work hard to ensure that the NZ Store content is correct and up-to-date, mistakes may occur from time to time, including the posting of the wrong price or product description. We reserve the right to correct any of our mistakes, errors or omissions by either cancelling your order or offering you alternative options. If a pricing error is obvious, you agree that we don’t have to sell you the Products at the incorrect (lower) price.

Due to technology limitations and the use of manual assembly for some parts of our products, you should be aware that actual products may vary slightly from their images in the NZ store. However, these variations should not be major.

All products displayed at the NZ Store are subject to availability and we reserve the right to limit the products that each order, account, credit card, person or household can buy.

3. Our responsibilities to you, the consumer

Each Product that you buy from us comes with a Limited Warranty.

4. Your guarantees to Secretlab

When you place your order through the NZ Store, you are making an offer to buy the Products from Secretlab.

To submit your order, you will be required to provide your name, shipping address, billing address and payment information. You may provide this information by entering them during the checkout process or by logging into your account to place the order. In either event, you will be required to enter your payment information as we do not store that type of information. By giving us your personal information, you represent to us that the information you have provided is true, valid, complete and up-to-date in all respects, that you have not entered the personal information of another person who has not given you any authority to act on such other person’s behalf.

You agree that Secretlab may collect, store, secure, use, disclose, retain and maintain your personal information in accordance with the privacy practices described in the Privacy Statement. If you have questions about the treatment of your personal information, please write to compliance@secretlab.sg.

5. What happens after you have placed your order?

Please take the time to ensure the accuracy of your order before you click on the “Pay Now” button on the “Payment” page of the checkout process. Once you click that button, you have submitted an order (or, in legal terms, extended a binding offer to buy the Products from Secretlab) and you must make payment when we accept your order.

After you have placed your order, we will verify your payment. As part of Secretlab’s payment processing protocol, we may collect additional information from you, directly or through third party providers, for security and anti-fraud purposes.

While we are verifying your payment, we may send an order confirmation to the contact details you provided during checkout. The order confirmation does not represent our acceptance of your order. We accept your order only after your payment has been successfully verified, after which we will debit your credit card. If you are paying by instalments, your payment will be processed as described in Section 6 (Payment) below.

When the Products are ready to be shipped out, we will send a shipment notice to the contact details you provided during checkout. The shipment notice will include tracking details and an estimated delivery date.

We allow our customers to place orders for goods that are out of stock at the time of purchase, as well as to place orders for products that have not been officially launched (collectively, the Pre-Orders). If you place a Pre-Order, we will debit your credit card account at the time you click on the “Pay now” button on the “Payment” page of the checkout process. Your payment secures your position on the waitlist for these products. We will send you confirmation of shipment for your Pre-Order once the delivery dates have been confirmed and tracking details are available. You can cancel any Pre-Order at any time before the Products are shipped out by following the protocol described in Section 8 (Your right of refund and return). If you do so, you’ll receive a refund.

While infrequent, it is possible that the Products may become unavailable after you have submitted your order. Should this happen, we’ll inform you and give you the option of amending your order for a different product, or placing a Pre-Order for the same Product. If you don’t wish to choose either of these options, you can cancel your order and receive a refund.

If your credit card has not been debited or your payment approved through other means described in Section 6 (Payment), that means that we have rejected your order. If your order is not accepted, the sales contract between you and Secretlab is cancelled.

Secretlab may reject any order for any legitimate reason and, if so, will refund you any monies you have paid for the order.

6. Payment

When you place an order, all payments that are processed are made in advance before orders are shipped. Any payment information that you submit will be sent to third-party providers who supply payment processing services. These third parties may reject your payment. If you are paying by credit or debit card, your bank may place a pending hold on your funds. If your payment is rejected or cannot go through because of a hold, we won’t accept your order.

On the “Payment” page, we may allow third-party financial service providers (Lenders) to advertise their instalment payment products to you. If you choose to pay by instalments, you will be directed to the applicable Lender’s platform where you may be asked to provide your personal information to apply for a loan or credit from these Lenders (Loans). Once you have been redirected to the Lenders’ websites, you have temporarily left the NZ Store and are subject to the terms and conditions that govern the Lenders’ platforms.

It is up to the Lenders to accept or reject your Loan application. If a Lender accepts your Loan application, you will enter into a contract with that Lender. Secretlab has no control over the Lender’s decisions to approve or reject your Loan application, nor the ability to influence any of the terms and conditions of any Loan with any Lender.

Secretlab is not liable for your loss or damage arising from your use of Lenders’ websites or due to your decision to take on a Loan. If you have any questions or dispute concerning your Loan, please contact the relevant Lender. Secretlab has no authority to speak for them.

Once the applicable Lender approves your Loan application, you will be redirected back to the NZ Store and the Lender will notify us that you have paid for the Products. Upon your payment of the Products, your order is placed into our system and we will process your order as described in Section 5 (What happens after you have placed your order?).

7. Delivery and delivery charges

There may be limits to where Secretlab can ship the Products. If your shipping address is outside of our delivery zone, you will not be able to proceed to the “Payments” page.

Delivery fees are calculated after you have provided your shipping address. The estimated shipment arrival date will be included in the shipment confirmation sent to you. Sometimes, an event beyond the control of Secretlab happens to delay shipment. Should that happen, you will receive an updated delivery date as soon as it is available.

Delivery is completed when the Products reach the shipping address you provided to us before the Products were shipped. Once delivered, the Products are your responsibility.

Should you have any questions about your order, please contact Secretlab via the Contact page.

8. Your right of refund and return

All sales are subject to the Refund and Return Policy in effect at your time of purchase, the terms of which are incorporated by reference into these Sales Terms. You are responsible for all return shipping fees and costs.

Consumers who received faulty Products or Products that are not as described may make a warranty claim under the terms of the Limited Warranty or in accordance with their statutory rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau.

9. Prices and promotions

Unless stated otherwise, prices shown in the NZ Store include goods and services tax (GST) at the current rate. Secretlab will display GST charges that are included in the Product prices during the checkout process. You are responsible for paying all taxes, levies or duties imposed in connection with your purchase of products from the NZ Store. To the extent we are obligated to collect any such taxes that are in addition to the GST, the applicable tax will be added to your invoice at checkout.

Prices shown in the NZ Store do not include delivery costs. You will be informed of the delivery charges only after you have provided your shipping address. This information will be available on the checkout pages.

We may adjust prices from time to time. Changes in price will not affect any order for which Secretlab has issued an order confirmation.

Depending on the credit card you use, your transactions might require foreign currency conversion. Some transactions may be processed in another country. Your bank might charge you extra fees for those services when you use a credit or debit card. Please contact your bank for details.

We run many promotions at the NZ Store and reserve the right to alter the terms or duration of any promotion.

10. E-gift cards

Any virtual or e-gift card that you buy from the NZ Store (the e-Card) represents a pre-payment for products with a dollar value that is selected at the time of purchase. The e-Card is not a credit, charge or debit card. Unless required by law, we won’t refund any balance on the e-Card. You won’t be able to redeem any balance on the e-Card for cash unless the laws require Secretlab to do so.

You can use the e-Card only at the store from which you bought it. You cannot use an e-Card bought from the NZ Store at any other online stores that Secretlab or our affiliates own (e.g., the Australia, Singapore or US stores).

After you buy the e-Card, Secretlab will send you an email with a link to the e-Card. The e-Card itself will contain a unique code (Unique Code). You can input this Unique Code in the discount field when buying Products from the NZ Store. You may charge the full amount of your order (including taxes and delivery charges) to the e-Card. However, your charge may not exceed the balance available on the e-Card. If the order value exceeds the balance of your e-Card, you will need to pay the excess amount using another payment method. Credits for returns accepted by us will be returned to the e-Card.

If, for any reason, the NZ Store allows a payment to go through your e-Card even though the value stored in it is less than the order value, you agree to reimburse us, upon request, for the amount of the insufficient funds. Secretlab reserves the right to suspend or end your use of the e-Card and request alternative forms of payment if the payment you initially used to buy the e-Card is later returned for non-payment.

Anyone who has access to the Unique Code can use the e-Card to buy Products from the NZ Store. Therefore, you should protect the Unique Code and treat it like cash. If you lose the Unique Code (such as by deleting the email with the link to the card), please contact us. We will send the Unique Code to the original buyer of the e-Card. However, we are not responsible to anyone for any loss due to an unauthorised use of the Unique Code.

You can cancel and request a refund of the full value of any eCard that is unused. Once you use the e-Card to make a purchase, you will not be able to cancel the e-Card or request a refund for it. This is the case even if there is value stored on your e-Card. We will refund the value of any unused e-Card that is cancelled only to the original buyer.

If you give the e-Card as a gift, please inform your gift recipient that the e-Card cannot be redeemed for cash.

E-Card funds do not expire. We do not charge any fee for the e-Card.

We reserve the right to correct the balance on your e-Card in the event a clerical, billing or accounting error has occurred.

11. Limitations to Secretlab NZ’s liability to you

Secretlab is responsible for the loss or damage that you suffer due to Secretlab’s breach of these Sales Terms or its negligence. Your loss or damage must be foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach. They are also foreseeable if Secretlab and you both thought them possible at the time the sales contract was made.

We supply the Products solely for domestic or private use. You agree not to use a Product for any commercial, business or resale purpose, and should you do so, we will not be liable for any economic loss you may suffer. Examples are loss of profit, loss of business, business interruption or loss of business opportunity. In no event will Secretlab be liable for any consequential, special, indirect, incidental or punitive damages. For e-Card products, Secretlab’s liability will not exceed the balance on the e-Card.

Nothing in these Sales Terms is meant to exclude or limit in any way Secretlab’s liability to you where it would be unlawful to do so. We agree to be responsible for:

  • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • our fraud or fraudulent misrepresentation;
  • our breach of your legal rights in relation to the Products (including your right to receive Products which are as described and match information that we provided to you and any sample or model seen or examined by you, and your right to receive Products of satisfactory quality that are fit for any particular purpose made known to us); and
  • selling you defective products in breach of the Consumer Guarantees Act 1993.

12. Events outside Secretlab’s control

We won’t be liable for delays or failures to perform its obligations due to events outside our control. Examples of these events include labour disputes, industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, acts of God, epidemics, malicious damage, accidents, failure of public or private telecommunications networks, impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport or compliance with any laws or government orders.

If an event outside of our control takes place that affects our performance of our obligations under a the sales contract:

  • (a) We will let you know as soon as reasonably possible; and
  • (b) Our obligations are suspended and the time for performance of our obligations will be extended for the duration of such an event.

Where the event affects our delivery of Products to you, we will arrange a new delivery date with you after the event is over.

13. Customer service

Secretlab will do its best to resolve any complaints or disputes over these Sales Terms.

Please send your complaint or claim to us via the Contact page.

14. Changes to these Sales Terms

We may revise these Sales Terms at any time. If we change these Sales Terms, we may inform you at the NZ Store. If we have your email address, we may also decide to email you about those changes. The Sales Terms in force at the time you place your order serve as the transaction contract between Secretlab and you and govern your Product purchase. Before your next transaction, we may have changed the Sales Terms without letting you know. Please review these Sales Terms each time you visit the NZ Store.

15. Other important terms

We may transfer its rights and obligations under a sales contract to another organisation. Such a transfer won't affect your rights or our obligations under these Sales Terms.

The sales contract is between you and Secretlab. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Sales Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Sales Terms, or if we delay enforcing our rights, that will not mean that we have waived our rights against you. You must continue to perform your obligations even under these circumstances. If we waive a default by you, we will only do so in writing. Just because we waived your default once does not mean that we will automatically waive any later default by you.

These Sales Terms, their subject matter and the formation of the contract between you and Secretlab under these Sales Terms are governed by New Zealand law.

Last Updated: 16 July 2020

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All of us at Secretlab recognise the importance that you attach to your privacy. That’s why we believe in being transparent about our collection and use of your personal data (also known as personal information in some jurisdictions), and have adopted reasonable safeguards to protect your personal data.

This Privacy Statement informs you of the privacy practices of the Secretlab group of companies, covering your interactions with us through all the websites and domains owned by us (which we refer to as the Sites), as well as our interactions with you through all forms of communication technology (e.g., social media, messaging and voice-over-IP platforms and services, emails, chatbots, etc.) (collectively, the Communication Platforms) and in person. It does not cover our privacy practices as they relate to our employees and contract workers. Some of the disclosures here may not apply to you depending on your country of residence. As an example, we don’t have a showroom anywhere outside Singapore. Therefore, descriptions of our privacy practices as they relate to how we collect personal data at our showroom would not apply to you if you reside outside Singapore.

We collect only the minimum amount of information necessary to provide our products to our customers and to respond to individual requests and inquiries concerning our products, warranties, orders, available job openings posted on our Sites, or any of our sponsorship and affiliate programs, and to conduct business with our potential and current suppliers of goods and services. You have certain choices and rights over your personal data and may limit the personal data that you share with us. However, if you do exercise your right to limit the sharing of your information with us, there will be restrictions to the services available to you as well as our ability to communicate and interact with you, including our ability to sell or deliver the products that you have ordered from us.

You can be rest assured that at Secretlab, we never sell or rent any of your personal data to anyone, nor do we disclose your personal data to third parties for their direct marketing purposes. Our Sites are intended for adult users over the age of 14. They are not designed to attract child users. If we learn that an under-14 user has volunteered personal information on our Sites, we will delete such information from our active databases in accordance with our deletion practices, which is described in Section 8 (How We Keep Personal Data Secure).


1. WHAT INFORMATION WE COLLECT, HOW WE COLLECT AND HOW WE USE IT

The types of personal data we collect depend on your relationship with us. They include information that you voluntarily provide to us, as well as information that we collect through publicly available sources and your digital activity information.

Your relationship with us Types of information we collect How we use the information
Actual and potential customers

Voluntarily provided information:

  • Personal information and identifiers: name, copies of IDs (e.g., passports, driver’s license or national identity cards)
  • Contact details: email address, shipping address, telephone number
  • Payment information: billing address, credit card information
  • Product information: products added or deleted from the shopping cart, login credentials for users who register an account, social media posts concerning our products or company (including posts that include video images) that you submit or link to our Sites

Digital activity information:

  • Internet or network activity: IP address, cookie ID, your location when interacting with our Sites
  • Perform our sales contract, manage and fulfil orders.
  • Provide before and after sales customer service.
  • Enable repeat orders without having to re-enter shipping information.
  • Communicate with you and, when in line with the preferences you have shared with us, provide you with information or advertising relating to our products.
  • Screen customers, orders and customer requests for potential risk and fraud and conduct related investigations.
  • Develop and improve our products.
  • Protect our infrastructure, systems and digital assets.
  • Comply with regulatory requirements, including responding to requests for retrieval or personal data, and responding to court orders and legal investigations.
Potential customers we target Information from publicly available sources:
  • Personal information and identifiers: name
  • Contact details: email address, work address, telephone number
  • Professional or employment information: professional affiliation, social media profiles
  • Sales, marketing and advertising.
Actual and potential partners, endorsers and affiliates

Voluntarily provided information:

  • Personal information and identifiers: name
  • Contact details: email address, shipping address, telephone number
  • Professional or employment information: professional affiliation, social media profiles

Digital activity information:

  • Internet or network activity: IP address, cookie ID, your location when interacting with our Sites
  • Screen and evaluate your suitability to be sponsored by us or to become an endorser or affiliate of Secretlab
  • Manage our relationship and communicate with you.
  • Deliver products as instructed by you.
  • Develop and improve our products.
  • Protect our infrastructure, systems and digital assets.
  • Comply with regulatory requirements, including responding to requests for retrieval or personal data, and responding to court orders and legal investigations.
Persons who visit our Sites or interact with us through the Sites or other Communication Platforms

Voluntarily provided information:

  • Personal information and identifiers: name, social media profiles
  • Contact details: email address, telephone number, address
  • Professional or employment information: professional affiliation

Digital activity information:

  • Internet or network activity from the Sites: IP address, cookie ID, your location when interacting with our Sites
  • Engage with you and respond to your inquiries and complaints.
  • Enable the efficient use of the Sites and the technology platforms we use to communicate with you.
  • Collect statistics to optimise the functionality of our Sites and other technology platforms we use to communicate with you and to market our products.
  • Comply with regulatory requirements, including responding to requests for retrieval or personal data, and responding to court orders and legal investigations.
  • Conduct customer satisfaction and engagement surveys.
Third parties with whom we interact

Information from publicly available sources:

  • Personal information and identifiers: name, email address, telephone number, business address
  • Other information as we reasonably determine to be relevant
  • Conduct anti-corruption due diligence on third parties and the required investigations in compliance with applicable laws.
  • Conduct investigations into Secretlab product-related fraud, compliance, theft and/or counterfeit.
Potential and actual job candidates

Voluntarily provided information:

  • Personal information and identifiers: name
  • Contact details: email address, telephone number, home address
  • Professional or employment information: professional affiliation, social media profiles, employment and pay history, references, criminal background history
  • Identify and contact potential job candidates.
  • Consider applications of candidates who apply for job openings
Visitors to our showroom in Singapore

Voluntarily provided information:

  • Personal information and identifiers: name

Activity information:

  • Video images: video images from security cameras
  • Ensure the security and security of our staff and our goods at our showroom.
  • Prevent theft and the loss of intellectual property
Interactions through third-party sites (e.g., third-party marketplaces through which we sell our products or promotions hosted on third-party Communications Platforms)

Information provided to us by third-party platforms:

  • Personal information and identifiers: name
  • Contact information: shipping address, telephone number
  • Product information: products ordered
  • Perform our sales contract, manage and fulfil orders.
  • Manage and perform the terms and conditions of contests and promotions

If you purchase our products through third-party sites, access social media sites through us, or engage with our marketing campaigns that are hosted on our partners’ sites, you should be aware that we do not control any of those sites or their respective privacy practices.

We do not endorse or make any representations about those sites. Any personal data that you choose to provide to, or that is collected or shared by, those sites is not covered by this Privacy Statement. We encourage you to review the privacy policy of any site you interact with before allowing the collection and use of your personal data.


2. COOKIES AND OTHER AUTOMATIC DATA COLLECTION TOOLS

2.1 How Secretlab uses cookies and other automatic data collection tools

Our Sites use cookies, web beacons, log files and other similar technologies, which we refer to collectively as the automatic data collection tools, to:

  • remember log-in details and the composition of your shopping cart;
  • service you with the information that applies to the region where you will be placing orders;
  • allow efficient navigation between pages;
  • collect statistics to optimise site functionality;
  • collect information on user activity in response to e-mail communications; and
  • generally improve your user experience.

You may opt against our automatic data collection tools. You may disable the storage of cookies or the tracking of web beacons by changing the settings of your web browser. General instructions for how to disable these automatic data collection tools are available at www.allaboutcookies.org. You should be aware that disabling the automatic collection tools may restrict your ability to use certain services on our website.

2.2 What types of cookies do we use?

Strictly Necessary Cookies

These cookies are necessary to provide you with the services available throughout our Sites, including holding items in your cart while you are shopping online, accessing the secure checkout areas of our Sites and accessing the secure area that stores the information in your account if you have created one.

Preferences Cookies

Also known as “functionality cookies, these cookies allow our Sites to remember choices that you have made in the past, like which online store you were shopping in, items that you left in your cart before you left the Sites if you did not complete your purchase the last time, what language you prefer, or, if you have created an account, what your user name and password are so you can automatically log in.

Analytics Cookies

We also allow third-party analytics services providers to use cookies on our websites to collect information on how you use the Sites, such as the pages you visited and which links you clicked on. Although we collect your IP address to track your use of our Sites, we do not link this information to your personal identifiers (such as your name or other identifiers). We use the option we gather to optimise our advertisements and marketing, and to serve advertisements specific to your interests on other websites. We may use retargeting and behavioural advertising technologies to tailor those advertisements to your perceived interests. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

Third Party Cookies

Cookies may also be used when you share information using a social media sharing button on our Sites. The social network will record that you have done this and may use this information to send you targeted advertisements. The types of cookies used by these companies and how they use the information is governed by their privacy policies.

Web Beacons

If you choose to receive marketing emails from Secretlab, we may track whether you've opened those messages or whether you’ve clicked on the links contained within those messages, through the use of web beacons and personalized URLs embedded in those communications. This allows Secretlab to better personalize future communications and limit these communications to subjects that are of interest to you.

2.3 Choices Regarding Automatic Data Collection & Online Tracking

While the Sites at this time do not recognise automated browser signals regarding tracking mechanisms, such as "do not track" instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technologies through your web browser. You can set your browser in most instances to notify you before you receive a cookie, giving you the chance to decide whether to accept it or not. You can also generally set your browser to disable cookies. Instructions for how to set your browsers to disable cookies are available at https://www.allaboutcookies.org/manage-cookies/stop-cookies-installed.html.

Since cookies allow you to take advantage of some of our Sites’ features, we recommend that you leave them turned on. If you block, disable or otherwise reject our cookies, some web pages may not display properly or you will not be able, for instance, to add items to your shopping cart, proceed to checkout or use your account to benefit from a faster check out experience.

If you wish to learn more about the privacy policies of the third-party companies whose non-essential cookies are embedded on our Sites, as well as how to block their non-essential cookies, you may visit their privacy policy and opt-out pages by visiting the URLs listed below:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at optout.aboutads.info.


3. HOW YOU CAN MANAGE YOUR COMMUNICATIONS AND PREFERENCES

If you choose to join our mailing list, Secretlab may provide you with information that complements our products and/or communications about our new products and offers. Our mailing list is an opt-in list and you do not have to join our mailing list to purchase our products. Please make sure that you do not accidentally check the box to subscribe to our mailing list during the checkout process.

In the event you no longer wish to receive communications from us, you can unsubscribe from such communications by following the opt-out or unsubscribe link and/or instructions included in each e-mail subscription communication. You may also opt out by writing to our customer support line at support@secretlab.co.

In the event your opt-out or unsubscribe request has not been resolved in a timely manner, please contact the Secretlab DPO with details of your name, contact information, and description of the communications you no longer wish to receive from Secretlab.

Please note that these options do not apply to communications relating to the administration of orders, contracts, support, product safety warnings, or other administrative and transactional notices, where the primary purpose of these communications is not promotional in nature.


4. HOW TO ACCESS, UPDATE OR DELETE PERSONAL DATA

We strive to maintain the accuracy of our records of your personal data. As required by the laws applicable to the relevant Secretlab entity, we provide individuals with reasonable access to personal data that they provide to Secretlab and the reasonable ability to review and correct it.

To protect your privacy and security, we will take reasonable steps to verify your identity, including requiring you to provide us with proof of your identity, before granting access to your personal data. To view and update the personal data you provided directly to Secretlab, you can update your information with us:

  • if you have an online account with us, by updating your profile in your online account;
  • contacting our customer support team by visiting the Contact page; or
  • contacting the Secretlab DPO.

5. HOW WE SHARE PERSONAL DATA

We do not sell, rent or lease personal data to anyone. However, we may share and/or disclose your personal data in the following situations:

  • Within the Secretlab group of companies. Secretlab has its headquarters in Singapore and operates worldwide. We may disclose your personal data as necessary within the Secretlab group of companies in connection with how we use your personal data.
  • Responding to law enforcement and for regulatory compliance. From time to time, we may be required to respond to duly authorised information requests of police and governmental authorities; comply with law, regulation, subpoena or court order; enforce and protect the rights and properties of Secretlab; and/or protect the rights or personal safety of Secretlab, our employees and third parties while on or using Secretlab property when allowed. In each of these cases, we will only disclose information to the extent required and permitted under the laws and regulations, as interpreted by the proper authorities.
  • In connection with a business reorganisation. Circumstances may arise where, whether for strategic or other business reasons, Secretlab decides to sell, buy, merge or otherwise reorganise its businesses in some countries. Such a transaction may involve the disclosure of personal data to prospective or actual purchasers, or our receipt of personal data from businesses that we wish to acquire. We will seek appropriate contractual protection for personal data in these types of transactions.
  • With third parties. We don’t provide your information to third parties without your permission. As a general practice, the only time we may disclose your information to third parties is in connection with marketing and promotion campaigns that we carry out jointly with our partners. For each campaign, we will obtain your explicit consent if we share your information with our partners.

6. HOW WE ENTRUST THIRD PARTIES TO MANAGE PERSONAL DATA

To provide you with our quality services, we may entrust your personal data to be managed by the following third parties:

  • Third party service providers and suppliers. We retain suppliers and service providers to manage or support our business operations, customer relationships, provide professional services, fulfil and deliver products, assist us with marketing and sales communication initiatives and to use your personal data as described above. Those third parties may receive and process your personal data under proper instructions, as necessary to support and facilitate how we use your personal data. Our contracts with our suppliers and service providers require them to keep confidential and secure any information that they process on our behalf and to limit the use of the information they receive from us solely to carry out the contracted-for services.
  • Our partners. We are a direct-to-consumer business and we try to sell directly to you through our Sites and through our flagship stores on e-commerce marketplaces. However, from time to time, we may engage distributor and reseller partners to sell our products. In this case, if you order products from us and we believe it is in your interest to have the order fulfilled by one of our partners, we will obtain your consent before disclosing your personal data to our partners to facilitate the sales, fulfilment and delivery of our products. All of our partners must enter into contracts with us that require them to keep confidential and secure the information that they receive from us and to use such information only for the purposes of providing the contracted for business operations support, unless otherwise authorised by you or applicable laws and regulations.

7. HOW WE TRANSFER PERSONAL DATA INTERNATIONALLY

Secretlab may transfer your personal data as necessary within the Secretlab group of companies and to other third parties. The recipients may be located in countries which do not provide the same level of data protection as the country in which you are located. We will take steps to ensure there is adequate protection for the transfer of your personal data in compliance with the applicable data protection laws. Where required by local law, we will request your consent to transfer your personal data.

With respect to transfers to third parties located in countries that do not provide an adequate level of data protection, Secretlab will take appropriate safeguards such as signing relying on approved codes of conduct or certification mechanisms or binding and enforceable commitments of the recipient. If you would like to receive more information about the appropriate safeguards and/or receive a copy of the relevant mechanism for your review, please contact the Secretlab DPO.


8. HOW WE KEEP PERSONAL DATA SECURE

We use reasonable and appropriate physical, technical and administrative procedures to safeguard the information we collect and process. The following are the procedures we implement to safeguard your information:

  • Administrative procedures. We adopt and implement internal personal data management plans and policies for the safe processing of personal data. We also implement access controls to ensure that only those who have a need to know a particular type of personal data is given access to that information.
  • Technical procedures. We adopt encryption technology to store and transmit personal data securely. We retain log-in records to respond to data breach incidents and to take measures to prevent the forgery and falsification of data.
  • Physical procedures. We take physical measures to limit and track access to our servers and archives, and keep personal data in physical storage that is equipped with safety or locking systems.

All digital systems used to support our business are governed by our corporate cyber security policies. However, please note that no digital transmission of data can ever be guaranteed to be 100% secure, so we encourage you to take care when disclosing your personal data online and to use readily available tools, such as Internet firewalls, secure e-mail and similar technologies, to protect yourself online.

We use payment service providers who have been audited by PCI-certified auditors and are certified to PCI Service Provider Level 1. This is the most stringent level of certification available. We do not store your credit card details in any of our services.

In case of an unauthorised security intrusion that materially affects you, we will notify you as soon as possible and will, within a reasonable time, report on our response actions.


9. HOW LONG WE KEEP PERSONAL DATA

Typically, we keep personal data for the length of any contractual relationship and, to the extent permitted by applicable laws, after the end of that relationship for as long as necessary to perform purposes set out in this Privacy Statement, to protect Secretlab from legal claims and to administer our business. When we no longer need to use personal data, we will delete it from our systems and records or take steps to anonymise the data unless we need to keep it longer to comply with a legal or regulatory obligation.

If you would like to receive more information about our data retention policies, please contact the Secretlab DPO.


10. DESTRUCTION OF PERSONAL DATA

All personal information after the specified retention period shall be destroyed without delay. Any prints of personal information shall be shredded using a shredding machine for destruction, and any electronic files of such personal information shall be destroyed using either technological or physical method making retrieval impossible.


11. HOW TO CONTACT US

We value your opinions. If you have any questions about our Privacy Statement, any concerns or complaints regarding our collection and use of your personal data or wish to report a possible breach of your privacy, please contact the Secretlab DPO by writing to us at the physical or e-mail addresses below. We will treat your requests and complaints confidentially. Our representative will contact you within a reasonable time after receiving your complaint to address your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

    Secretlab SG Pte. Ltd.
    ATTENTION: LEGAL AND COMPLIANCE - SECRETLAB DPO
    994 Bendemeer Road
    #03-07, B-Central
    Singapore 339943
    E-mail: compliance@secretlab.sg


12. CHANGES TO THIS PRIVACY STATEMENT

If we modify this Privacy Statement, we will publish a revised version with an updated revision date. The privacy link on the footer of every Secretlab web page will then point to that new version.