Terms + Privacy
Terms & Conditions
Terms And Conditions of Use
Please read this agreement carefully ("Agreement"). This Agreement states the terms and conditions under which you may use the lavanila.com website (the “Website”). By accessing the Website you agree to the terms of this Agreement and you indicate that you have had an opportunity to review the terms of this Agreement and understand and intend that this Agreement is a legally binding contract. If you do not agree with the terms of this Agreement, please exit the Website.
Proprietary Rights Notices
All text, graphics, logos, button icons, images and the selection and arrangement of the content of this Website, as well as the computer programs used to generate web pages and the Website are the exclusive property of DALA BEAUTY, LLC, d.b.a “Lavanila Laboratories” its licensors and or affiliates, (collectively, “LAVANILA”) and is protected by U.S. and international copyright, trademark, patent and other laws, and may not be used, copied, modified, distributed, transmitted, displayed, performed, reproduced, published, licensed, derived from, transferred or sold without the express written permission of LAVANILA. LAVANILA reserves any and all rights, in all media and technologies existing now or later developed, not expressly granted in this Agreement. Access to this Website with the intent to download information for other than personal use will be considered an infringement of copyright and prosecuted accordingly. If you obtain prior written permission from LAVANILA to download material, you must retain all copyright and other proprietary notices displayed on the materials. The deletion or alteration of any copyright or other proprietary notices from this Website is strictly forbidden. The trademarks, service marks, designs, images and logos (collectively, "Trademarks") displayed on this Website are the registered and unregistered trademarks of LAVANILA. Your use of the Trademarks displayed on this Website except as provided in this Agreement, is strictly prohibited. Nothing in this Agreement shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of LAVANILA. Copyright © 2008 LAVANILA, 450 Shrewsbury Plaza #313, Shrewsbury, NJ 07702 U.S.A.
LAVANILA will be collecting and tracking information about your activities on the Website on an aggregate and or individual basis and will know and keep track of precisely who you are (the "Information"). This is done to process transactions and payments, to keep track of what users may be interested in and to facilitate our marketing and servicing efforts. LAVANILA does not share personally identifiable information with third parties. However, LAVANILA may use such Information to contact you again either by e-mail or by regular mail or telephone in accordance with the Terms and Conditions of this Website. The information that LAVANILA may collect and/or track includes: (1) the home server domain names, e-mail addresses, and type of web browser of visitors to the Website; (2) the e-mail addresses of visitors that communicate with LAVANILA via e-mails; (3) information knowingly provided by users in online forms or otherwise, registration forms (i.e. name, address, phone, comments, etc.), and (4) aggregate and user-specific information on which pages visitors access.
Use of Information Gathered
LAVANILA uses the Information to analyze what its users like and don't like about the Website or its services so that it can design better products and services. Information about what you are searching for also helps focus the advertisements, products and services presented to you, in an effort to make them more valuable to you. However, LAVANILA will not sell or disclose any personally identifiable Information without your express written consent, unless compelled to do so by law and as described further below. LAVANILA may disclose personal information about you when required to do so by law and when it has a good-faith belief that such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding or court order. LAVANILA may partner with third parties to provide specific services. When the user signs up for these particular services, LAVANILA may share names, or other contact information necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Third Party Intermediaries
LAVANILA may use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
Special Policy With Regards To Information From Children
In accordance with the Federal Children’s Online Privacy Protection Act (COPPA), LAVANILA will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent.
E-mail Communications and Opting Out
E-mail is an important communication channel between LAVANILA, its users and prospective customers. E-mail sent to LAVANILA from within our Website (after you have logged on with your account number and password) is secured with the same Secure Socket Layer (SSL) technology used to transmit private account information. So please remember that any e-mail you send to LAVANILA identifying your account should originate from within our Website. LAVANILA reserves the right to use your e-mail address to send you important regulatory information or legal notices relating to your account. You may opt out of receiving email regarding products, Services and information from LAVANILA at any time by sending an email to email@example.com indicating your desire to not receive any further email communications regarding products, Services and information from LAVANILA.
Any Information that is collected, tracked or screened by LAVANILA is the property of LAVANILA, subject to and protected by the Electronic Communications Privacy Act. ANY INFORMATION POSTED, STORED OR OTHERWISE TRANSMITTED TO NON-PUBLIC PORTIONS OF THE WEBSITE WILL BE TREATED AS CONFIDENTIAL AND PROPRIETARY INFORMATION AND WILL NOT BE DISCLOSED TO ANY THIRD PARTY WITHOUT YOUR EXPRESS WRITTEN CONSENT, OR AS OTHERWISE PROVIDED HEREIN. However, under certain circumstances LAVANILA may be required to or may choose to provide information about you to third parties without your consent, as permitted by law, including, to respond to a subpoena or court order, judicial process or regulatory authorities, to consumer reporting agencies, in connection with a proposed or actual sale, merger, or transfer of all or a portion of a business or an operating unit, and to protect against fraud. In addition, LAVANILA may provide information about you to our service providers to help process your registration or provide services (e.g. PayQuake).
No Liability for Acts of Third Parties
Although LAVANILA will use commercially reasonable efforts to safeguard the confidentiality of Information, transmissions made by means of the Internet cannot be made absolutely secure. LAVANILA shall have no liability for disclosure or access to Information due to errors in transmission, unauthorized access, or other acts of third parties, as further described in Terms and Conditions.
LAVANILA may provide links to other websites or allow other website to link to this Website. LAVANILA does not control these other websites, LAVANILA is not responsible for them, and LAVANILA makes no representations as to their information collection practices. LAVANILA encourages you to review and understand the privacy policies on these websites before providing any information to them. Any complaints regarding this Website should be submitted to LAVANILA at 280 Norwood Ave, Suite 5 #123, Deal NJ, 07723 or firstname.lastname@example.org. The fact that LAVANILA provides any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its privacy and or security policies, its owners, or its providers. You agree that under no circumstances will you hold LAVANILA liable for any loss or damage caused by use of or reliance on the information collection practices of any other website.
LAVANILA has taken commercially reasonable security measures to help protect against the loss, misuse and alteration of the information under its control. All information is stored in a secure operating environment. When sending sensitive information across the Internet - including your username, password, and purchasing information such as credit cards – LAVANILA uses encryption software to encrypt all information sent or received so that it cannot be intercepted and used by a foreign party. Once your information is received, it is stored on a secure server, and access to your data is restricted to you and authorized personnel. LAVANILA also restricts access to the personal and account information of customers to those employees and third parties who need to know that information in the course of their job responsibilities and as required for LAVANILA to provide Services to customers. Any personal information you send us is encrypted by Secure Socket Layers (SSL), which protects information you submit or receive through this Website. In addition, any sensitive personal information that you send to our Website (such as social security number or mother's maiden name) is held in a secured environment, protected by tools such as firewalls and/or database field encryption. LAVANILA uses firewalls to help limit entry by anyone without proper authorization. A firewall is a security mechanism that (1) regulates the data going in and out of a network,(2) it is a commonly used, specialized computer which acts as a shield against data going in or out of a network, and (3) It checks to make sure that communications only occur between approved individuals and that the communication is in the proper protocol.No representation is made, however, regarding the unconditional security of such submissions. LAVANILA requires that your browser support SSL, and does not allow information to be stored on your hard drive unless you specifically download it and save it on your computer. For security reasons, access to this site is limited to SSL-capable browsers like Netscape Navigator 6.2 or higher or Microsoft's Internet Explorer 6.0 or higher. These browsers will activate SSL automatically whenever you sign on to your LAVANILA account. Under no circumstances should you use any software, program, application, or any other device to access or log-in to the website, or to automate the process of obtaining, downloading, transferring, or transmitting any content to or from LAVANILA'S computer systems, website, or proprietary software.You can tell if you are visiting a secure area within a website by looking at the symbol on the bottom of your browser screen. If you are using Netscape Navigator or Internet Explorer, you will see either a lock or a key. When the symbol appears unbroken or the padlock is in the locked position, your session connection is taking place via a secure server. If you need a strong encryption browser, you can go to the Netscape website or the Microsoft website to download the latest Navigator or Internet Explorer browser. LAVANILA does not recommend the use of beta browser versions.
Credit Card Processing
LAVANILA has partnered with PayQuake for processing online credit card transactions. PayQuake, the leading provider of digital trust services, has been processing credit cards securely over the Internet since 2001 and currently provides secure payment services for more than 4,000 online merchants. PayQuake's internet payment gateway supports Secure Socket Layer (SSL) technology with 128-bit encryption. These encryption technologies work with Netscape Navigator (versions 2.0 and above), Microsoft Internet Explorer (version 3.0 and above), and AOL (AOL 3.0 and above). All financial information submitted on LAVANILA'S site is encrypted and digitally signed as it travels over the Internet. Using your credit card affords you the added advantage of knowing that, in the event that there is a problem with your purchase, your credit card company will allow you to dispute purchases. Furthermore, in the extremely unlikely event that shopping at LAVANILA leads to an unauthorized use of your credit card, most financial institutions either cover all of the resultant charges or limit your liability (refer to the Fair Credit Billing Act or your credit card agreement for further details). Further, to prevent data compromise in the storage server, PayQuake stores sensitive transaction information on secure systems that cannot be accessed through the Internet. LAVANILA does not process credit card transaction or store credit card information on its servers or on its property. Furthermore, PayQuake uses hardware and software firewall technology and additional encryption technology to eliminate all opportunities for intruders to break into a server and compromise information.
Your LAVANILA username and password are your private entry keys to your LAVANILA account. You should never share it with anyone and you should change it periodically. You can change your username, password or other registration information at any time after logging in by clicking My Account. If you forget your password, choose the option Please Email Me My Password, the password will immediately be sent to the email address that you used when you joined.
After you've finished accessing your LAVANILA account, don't forget to log off. This prevents someone else from accessing your account if you leave your computer and your session has not automatically shut down.