Secret Little Agents Terms of Service

By accessing the website http://www.secretlittleagents.com (the “Website”) or using the related children’s educational programs sold through the Website (the “Programs”) (collectively, “Secret Little Agents”), you are agreeing to be bound by these Secret Little Agents Terms of Service (the “Terms”). If you do not agree with one or more provisions of these Terms, you are prohibited from accessing the Website and using the Programs. 

About us. Secret Little Agents is owned and operated by Hugsy LTD having a registered office at Suite 6867m Level 1, 6 Johnsonville Road, Wellington, 6037, New Zealand, NZBN: 9429048774154 (“we”, “us”, or “our”).

Privacy. Our Privacy and Cookie Policy available at https://secretlittleagents.com/privacy-policy/ governs the processing of your personal data collected through the Website. 

Modifications. We reserve the right to modify these Terms at any time. If we have your contact details, we will notify you of the modifications. By using Secret Little Agents after such a notification, you agree to be bound by the then-current version of these Terms.

We grant you a personal, revocable, non-exclusive, non-transferable, non-commercial and limited license to use Secret Little Agents pursuant to these Terms. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials available on the Website or in the Programs;

• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

• attempt to decompile or reverse engineer the source code of the Website;

• remove any copyright or other proprietary notations from the materials; or

• transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. 

In order to use the full functionality of Secret Little Agents (e.g., to purchase the Programs), you are required to register a user account (the “Account”). Before creating your Account, you will be requested to read and accept these Terms and review the Privacy and Cookie Policy. The Account is not transferable and you are solely responsible for any activities occurring through your Account. By registering your Account, you acknowledge, agree, and warrant that:

• You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of Secret Little Agents;

• You will provide only true, accurate, complete, and up-to-date personal data and other information;

• You will update your Account as soon as any changes to your personal data or other information occur;

• You are at least 18 years old; 

• You can conclude legally binding contracts with us; 

• You are not under any type of judicial interdiction; and

• You are a human individual or an individual acting on behalf of a business entity, and not a machine (machine-generated Accounts are not allowed).

Security of the Account. You are solely responsible for maintaining the confidentiality of your Account, including keeping secure your login details and passwords. By using Secret Little Agents, you agree to immediately notify us about allegedly unauthorised use of your Account or any other security breach related to your Account. You are also responsible for using secure Internet connection and protected networks while using Secret Little Agents. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.

Deletion of the Account. At any time, you may delete your Account through the dashboard of your Account or by sending a request directly to us. Upon deletion of the Account, these Terms shall terminate.

Suspension and termination of the Account. We reserve the right to suspend or terminate any Account if, at our sole discretion, we have grounds to believe that your use of Secret Little Agents seriously and repeatedly breaches these Terms. 

The Programs may be available in limited quantities and specifications. The Programs are available as long as they are displayed on the Website. We use reasonable efforts to display colours, images, and other specifications of the Programs accurately. However, we do not guarantee that (i) the screen of your computing device will display the colours and images of the Programs accurately or (ii) the quality of the Programs will meet your expectations. We reserve the right, but are not under any obligation, to:

• Limit the sale of the Programs for any person, geographic region or jurisdiction and may exercise this right on a case-by-case basis; 

• Limit the quantities of the Programs for sale;

• Change the availability or descriptions of the Programs at any time with or without prior notice; and 

• Discontinue the Programs at any time.

Age limitation. The Programs are not designed, manufactured, or suitable for children under the age of 4. The Programs may contain small parts that may cause choking hazards. Please supervise the use of the Programs by children at all times.

The purchase of the Programs is subject to the applicable fees (the “Fees”) payable by you on the date of signup. The subscription commences after you order the Programs on the Website and complete the payment. By concluding a sale contract with us (i.e., placing an order for the Programs), you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the sale contract is concluded. The Fees are indicated in the US dollars (USD) and remain valid for as long as (i) they are indicated on the Website or (ii) as communicated by us. The Fees are subject to a change with at least 30 calendar days prior notice to you (if you hold a subscription) or without notice (if you do not hold a subscription).  

Unless indicated otherwise, the Fees include all applicable sale taxes, levies, and duties imposed by taxing authorities. You are responsible for paying the said taxes. 

The Fees are payable on the Website, by using one of the available payment methods. You will be requested to confirm your permission to charge your payment method. By placing your order, you authorise, agree and assent to us automatically billing your payment method for any fees due.

The subscription must be cancelled at least 14 calendar days prior to expiration of then-current billing period to avoid automatic renewal and charge. We will send an email with a link allowing you to easily cancel the subscription before each recurring transaction. The return of the Programs does not substitute your request for the cancellation of your subscription. 

All payments related to the Products are processed by third-party payment processors (the “Payment Processors”). The Payment Processors collect some personal data from you (e.g, credit card number, expiration date, billing address, and security codes) via the Website or other means. The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing. All steps in the payment process are handled by the Payment Processors. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if the Payment Processors refuse the payment for any other reason.

Please read the terms accompanying each promotion (e.g., special offer, coupon, discount, contest and sweepstakes) that we offer. The promotions cannot be used in conjunction with other offers. We limit one promotion per order.

Delivery. We will arrange the delivery of the Programs to the address specified by you during the checkout process. The delivery is carried out by third-party shipping partners and is subject to delivery fees payable by you, unless specified otherwise on the Website. The estimated delivery times remain subject to change at our sole discretion. The delivery times are estimates only and may depend on various factors that we may not be able to control.

Delivery failure. If we are unable to deliver the Programs and such a failure occurs due to your fault (e.g., the User has provided a wrong address), we may, but has no obligation to, agree to arrange for redelivery of the Programs.

Returns. We do not accept returns of the Programs. 

Refunds. We do not issue refunds for any Fees paid. 

Claims. Claims can only be made for the Programs with manufacturing defects. In such cases, you must contact our customer service for further guidance.

The materials on Secret Little Agents are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of Secret Little Agents or on any sites linked to this Website.

You acknowledge and agree that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

Any materials related to Secret Little Agents are protected by applicable copyright and trademark law. Such materials include, but are not limited to, text, images, audiovisual content, source code, trademarks, service marks, trade names, graphics, and button icons. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the materials to third parties, or use any manual or automated means to scrape any content available on the Website. Further, you are not allowed to use Little Secret Agents brand, the word or figurative trademarks associated with Little Secret Agents or us, as well as third-party trademarks without the prior consent of a trademark owner. You are not allowed to use our brand and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from you.

The third-party intellectual property available on the Website does not belong to us and it remains the sole property of the respective third-party proprietors.

We respect intellectual property rights. If you have any grounds to believe that any content available on the Website or in the Programs violates your or third party’s intellectual property rights, please contact us by email. In order to write a proper copyright infringement notice, please follow the below-listed steps:

• Identify with sufficient detail the copyrighted work that you believe has been infringed;

• Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• Provide us with information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

• Add the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law”;

• Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed”;

• Sign the document; and

• Send the document to us by email.

Please note that you will be liable for damages, including costs and attorney’s fees, if you materially misrepresent that material is infringing your or third party’s copyright(s). Therefore, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may need to consult a lawyer.

In no event shall we or our suppliers be liable for any damages arising out of the use or inability to use Secret Little Agents, even if we or our authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The materials appearing on the Website or in the Programs could include technical, typographical, or photographic errors. We do not warrant that any of the materials on Secret Little Agents are accurate, complete, current, to a certain educational standard, or replace formal education. We may make changes to the materials contained on the Website or in the Programs at any time without notice. However, we do not make any commitment to update the materials.

We have not reviewed all of the sites linked to from the Website and are not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by us. Your use of any third-party websites or services is at your own risk. Please exercise your due diligence before clicking on any of such third-party links or advertisements.

These Terms are governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts in New Zealand. The foregoing does not affect any statutory rights that you are entitled to as a consumer.

Availability. The availability of Secret Little Agents may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events. We take no responsibility for the unavailability of Secret Little Agents caused by such factors.

Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.

Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
▪ Send you a formal warning;
▪ Temporary or permanently suspend the provision of the Website or the Programs to you;
▪ Report you to the relevant public authorities; or
▪ Commence a legal action against you.

Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. 

Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, the validity and enforceability of the remaining provisions of the Terms shall not be affected as a result.

Indemnification. You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Little Secret Agents, or your violation of any law or the rights of a third party.

Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us and govern your use of Little Secret Agents.

Email: support@secretlittleagents.com

Mailing address: Hugsy LTD, Suite 6867m Level 1, 6 Johnsonville Road, Wellington, 6037, New Zealand