This website, located at www.kamalaboutique.com or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively, the “Site”), is provided by Kamala Designs, Inc. (Kamala, “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).
You Agree to These Terms by Using This Site
Your access to, and use of, this site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the site, you accept, without limitation or qualification, these Terms of Use. Kamala may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the site constitutes your acceptance of any such revisions. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.
Permitted Use of the Site; Termination
The information and materials on this site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing from Kamala Boutique or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose.
You agree that Kamala may, without cause or prior notice, terminate any promotion, email address, access to your account page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Kamala Designs may have at law or in equity.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.
Termination of your Kamala Boutique relationship includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your account. Further, you agree that all terminations for cause shall be made in Kamala Boutique's sole discretion.
You may terminate your account, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at [email protected]
Notice; Electronic Communications
When you visit this Site, send emails to Kamala Boutique, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Kamala Designs/ Kamala Boutique.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your account and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
Kamala Designs / Kamala Boutique's Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by Kamala in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more details.
You acknowledge that Kamala Designs/ Kamala Boutique may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on Kamala’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You acknowledge that Kamala reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that Kamala reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Kamala reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Kamala shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Kamala be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Kamala makes no guarantees that any actual colors of products or features will be true or accurate.
In an attempt to provide increased value to our visitors, Kamala may link to sites operated by third parties. However, even if the third party is affiliated with Kamala, Kamala has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Kamala. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Kamala specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
Kamala does not endorse the content, or any products or services available, on such sites. Nonetheless, Kamala seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non-confidential and non-proprietary.
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Kamala Designs/Kamala Boutique or its affiliates. The Contents, including its trademarks such as KAMALA BOUTIQUE and KamalaGirls and design,may not be used by you for any commercial purpose without Kamala ’s written consent.
All software used on this Site is the property of Kamala Designs or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
If you believe that your copyright or other rights have been infringed, please provide the following information to us:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
(ii) a description of the copyrighted work or other work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Kamala Boutique's website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Middlesex County, Massachusetts, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
Kamalaboutique.com requests and collects personal information from our customers at various site locations and instances, including, but not limited to, when you create a kamalaboutique.com account, make a purchase, communicate with us via social media, write a product review, create a wishlist, participate in events, contests, or promotions, contact our customer care team, or post other customer-generated content to this Site. These are currently the primary ways in which we gather information, however, we may also collect data through other channels in the future.
The types of personal information we may collect from you can vary according to the method through which it was attained. It may include, but is not limited to, the following:
We receive and store any information you knowingly provide to us, such as:
- Full name
- Email address
- Phone number
- Shipping address
- Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of completing your transaction)
- Username and password for your kamalaboutique.com account
- A record of your kamalaboutique.com orders, purchase history, and shopping behavior and preferences
- Information provided by you through your interactions with us in social media
- Location and geographic information that could be collected if you use our mobile site or app.
- Other details that you may submit to us or that may be included in the information provided to us by third parties.
- You may also provide personal information about other people, such as their name and email address. When you select to email a friend your wishlist, tell a friend about kamalaboutique.com, or purchase a Gift Certificate for a friend, we will use their name and email address to send them a one-time email. This information is only used for the sole purpose of completing your request. We do not share your friend’s email information for any other purposes unless that friend creates a membership to kamlaboutique.com. Kamalaboutique.com stores this information for the sole purpose of sending this one-time email and tracking the success these programs. Your friend may contact us to request that we remove this information from our database.
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve to improve marketing, analytics, and site functionality.
Kamala Boutique does not currently actively respond to “Do Not Track” browser signals or mechanisms, but we’re always open to hearing from customers for whom this issue is really important.
Tracking Technologies
Technologies such as: cookies, beacons, tags and scripts are used by Kamalaboutique.com and our marketing partners, affiliates, A/B testing, and analytics systems. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We use cookies for many different functions on Kamalaboutique.com, including user authentication, our shopping cart, and to customize the user experience. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still browse our site, but your ability to use most features or areas of our site may be limited.
Local Storage Objects (HTML5)
We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 to collect and store information.
Various browsers may offer their own management tools for removing HTML5 LSOs.
Email & Other Communications
We may contact you via email to send you necessary order-related messages, such as order confirmation and shipment confirmation notices.
We may also send you newsletters and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these and other promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your account and adjusting your settings accordingly.
How We Use Your Information
All of the personal information we collect from our customers is for the purpose of the reasoning described above (see sections b & c), as well as:
Under 13?
Kamalaboutique.com is intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to Kamalaboutique.com. We will promptly delete any personal information from a person under the age of 13 should we discover that we have collected such information from a person under the age of 13 without verification of parental consent.
Kamala Boutique does not share or sell the personal information of its users with any unaffiliated third parties for their promotional purposes. We share your personal information with third parties in the ways that are described in this privacy policy:
Payment, Shipping, Referral, & Other Programs
We use a third party payment processor. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.
Legal Disclosure
We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, as Kamalaboutique.com, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of Kamalaboutique.com’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.
Links to Third Party Websites
This Site contains links to other websites. Kamalaboutiqe.com takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.
Social Media Features and Widgets
Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.
How We Protect Your Information
Kamalaboutique.com utilizes some of the most advanced technology available today for Internet security purposes. When you access our checkout and enter sensitive information (such as credit card number) on our order forms, we encrypt the transmission of that information using industry standard Secure Socket Layer (SSL) technology, your information is protected with both server authentication and data encryption, ensuring that your data is safe, secure, and available only to Kamala Designs/Kamala Boutique.
Our site uses Cayan LLC for all of our secure credit card transactions.
In addition, kamalaboutique.com is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or outside access to keep us all safe!
No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
Accessing Your Personal Information & Preferences
You can access, update, or change your personal information and communication preferences by signing into your account and modifying your preferences at your discretion. If you wish to cancel your account, or request that we no longer use your information to provide services to you, contact us.
You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to create an account with us or to take advantage of some or all of our features.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Privacy Policy Updates
Kamala Designs/Kamala Boutique may, at any time and without notice, modify and update this Privacy Policy by revising it on the Site. If we make any material changes we will notify you by means of a notice on this Site prior to the change becoming effective. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Privacy Policy
Copyright 2016, Kamala Designs, Inc. ALL RIGHTS RESERVED.
