TERMS AND CONDITIONS

The effective date of these Terms and Conditions is June 22, 2020.

This website provides information regarding the services, offerings, and recruiting practices of DL Franchising, LLC and its affiliates (herein referred to as “Deka Lash,” “us,” and/or “we”). Unless otherwise indicated, this website and its contents, including all trademarks, logos, and service marks are the property of DL IP Holdings, LLC or used by permission, and are protected pursuant to U.S. and foreign copyright and trademark laws.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS REPRESENT A BINDING CONTRACT. BY USING THIS WEBSITE, YOU AGREE TO ALL TERMS AND CONDITIONS.

If you do not agree with these terms of use, do not use this website. DL Franchising, LLC and its affiliates, subsidiaries, and assigns reserve the right to update or revise these terms and conditions at any time, and therefore, you should check these terms periodically. Use of this website after an update or revision constitutes acceptance of those changes.

Deka Lash reserves the right, at any time, to modify or update these terms and conditions, upon notice to the customer by reasonable communication, including posting to this website. Deka Lash also reserves the right to update or modify its Privacy Policy by using the same procedures. You confirm your acceptance of the modifications by continuing to use this website.

Website Ownership

License and Access

Deka Lash grants you a limited license to access and make personal use of the website and website content only for noncommercial purposes and only to the extent such use does not violate these Terms and Conditions. This license does not include any resale or commercial use of the website.

All rights not expressly granted to you within these terms and conditions are retained and reserved by Deka Lash.

The website may not be reproduced, duplicated, copied, or otherwise exploited for any commercial use without express written approval by Deka Lash.

Beauty Products

Deka Lash is proud of the beauty products it sells online and in studios. All features, content, specifications, products, and prices on the website are subject to change at any time without notice. The selection and use of beauty products requires care to ensure that any directions and warnings are observed and followed and that the client is aware that some people may have allergic or other reactions to the beauty products.

Deka Lash will work to provide clients with product labeling information; however, Deka Lash is not the manufacturer of all of the beauty products it sells. Clients are advised to read and strictly follow the label, all packaging inserts and instructions, and all manufacturer directions and warnings. By purchasing the products, you represent that the products ordered will be used in a lawful manner.

Eligibility to Order/Purchase

To place an order for a Beauty Product on this website, you must be: (i) 18 years of age or older, and (ii) a consumer, not a reseller.

Virtual Beauty

Deka Lash uses third-party virtual beauty applications, including Facecake, to allow clients the ability to try-on different lash looks. The virtual beauty application uses face geometry and photograph and video landmarks (“Beauty Information”) to apply different lash extensions.

The terms in this section apply specifically to these virtual beauty applications and supplement our Privacy Policy. In the event of a conflict between these terms and the Privacy Policy, these terms supersede the Privacy Policy.

The Beauty Information gathered is required to enable you to use the virtual beauty application. The Beauty Information resides solely in the virtual beauty application on the device used to apply the lash looks and is permanently destroyed when closed. In the event that any Beauty Information is collected, it will not be shared, sold, traded, leased, or otherwise disclosed.

By using the virtual beauty applications, you represent and warrant that you are either (i) the person in the photo or video, or (ii) the legally authorized representative of the person in the photo or video. Furthermore, you agree to indemnify and hold harmless Deka Lash and its third-party virtual application partners from any claims that arise because you were not the person in the photo or video or you were not the authorized representative of the person in the photo or video.

Gift Cards

Your Deka Lash gift card may be used for making authorized purchases at participating Deka Lash locations in the United States and online at dekalash.com. Gift cards cannot be transferred, exchanged, or resold and cannot be redeemed for cash (except where required by law). Gift cards may not be used towards the purchase of a membership. Gift cards have no fees. Gift cards are nonrefundable and cannot be replaced if lost or stolen. You can review our Gift Card policy on our website.

Mobile

If you access the website through a mobile device, Deka Lash will not charge or implement any additional fees. Please be aware that if you access the website through a mobile device or provide a phone number for us to contact you, your carrier’s normal rates (text messaging, etc.) will still apply. To find out more about how we use information regarding your mobile device, please visit our Privacy Policy.

Mobile Services

Deka Lash may offer its customers mobile alerts regarding marketing messages, sales, events, appointment reminders, cart reminders, membership updates, and product information (including releases) by SMS message (“Mobile Service”). By participating in the Mobile Service, you agree to Deka Lash’s Privacy Policy, as well as these terms and conditions.

Enrollment in the Mobile Service requires you to provide your mobile phone number and to agree to these terms and conditions and Deka Lash’s Privacy Policy. You may not enroll if you are under the age of 18. Deka Lash reserves the right to cease offering the Mobile Service at any time with or without notice.

By opting into the Mobile Service, you:

Authorize Deka Lash to use auto non-dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form, or, if none, the mobile number from which you send the opt-in, or, if none, the mobile number on file for the account associated with your opt-in).
Acknowledge that you do not have to agree to receive messages as a condition of purchase.
Confirm that you are the subscriber to the relevant phone number, that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update the records with your contact information, please contact info@dekalash.com. To view and retain an electronic copy of these terms or the rest of your opt-in, you will need (i) a device, such as a computer or mobile phone, with internet access, and (ii) either a printer or storage space on the device. For an email copy, you will also need an email account you can access from the device, along with a browser or other software that can display the emails.

To stop receiving text messages from Deka Lash, reply STOP to any of the text messages you have received from Deka Lash. After texting STOP, you will receive one additional text message confirming that your request has been processed.

These mobile terms and conditions are subject to change at any time, with or without notice.

Proprietary Rights

You acknowledge and agree that all content and materials on this website, or made available to you through this website, are protected by applicable intellectual property and other laws, and that you do not own or otherwise have a proprietary interest in or right to use such content and materials. Unless authorized in writing by us, you agree not to sell, license, modify, rent, lease, loan, distribute, copy, reproduce, transmit, publicly display, publish, adapt, or edit, whether in whole or in part, such content and materials, or creative derivative works thereof, including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards, paper cards, or unlicensed merchandise. Requests to reproduce or distribute the contents or materials found on this website can be made, via writing, to DL IP Holdings, LLC at 3355 South State Street, South Salt Lake City, UT, 84115, Attention Legal Department.

Use Disclaimer

Your use of this website is at your own risk. All content, materials, information, software, products, and services included in or available through this website (collectively “Content”) are provided on an “as is” and “as available” basis. Deka Lash expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Deka Lash makes no warranty that the Content: (1) will meet your specific needs or requirements, or is of a certain quality; (2) is accurate, reliable, or correct; (3) will be available on the website at any specific time or location; (4) will be available on the website uninterrupted, secure, or error free; or (5) is free of harmful components, including but not limited to viruses.

No advice or information available on this website shall create any warranty not stated in these Terms and Conditions. Any material which you download or obtain via other means from the website is done at your own risk. In the event that a jurisdiction does not allow the exclusion of certain warranties, Deka Lash’s warranties in such jurisdiction shall be limited to the extent permitted by law.

DIsclaimer of Warranties

DEKA LASH IS PROVIDING THIS WEBSITES, ITS CONTENT, AND THE COMMUNITY ON AN AS-IS BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, DEKA LASH DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, DEKA LASH DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law. Price and availability information is subject to change without notice.

Limitation of Liability

Under no circumstances shall DL Franchising, LLC or any of its affiliates, subsidiaries, assigns, parents, franchisees, agents, employees, licensees, subcontractors, or any third-party providers be liable to you for any direct, indirect, incidental, special, circumstantial, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Deka Lash has been advised of the possibility of such damages), that result from the use or inability to use this website. The foregoing limitation applies regardless of the nature or theory of law upon which any alleged liability is based. In the event that a jurisdiction does not allow the exclusion or limitation of certain damages, Deka Lash’s liability in such jurisdiction shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless DL Franchising, LLC, its parents, subsidiaries, affiliates, franchisees, and/or assigns together with their respective employees, agents, directors, officers, and shareholders, from and all all liabilities, claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of this website, your failure to use the site, your breach or alleged breach of the Terms and Conditions, or your breach of the copyright, trademark, proprietary or other rights of third parties.

Third-Party Websites

To the extent this website links you to, or provides links, to other websites on the internet, Deka Lash is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of those websites. Links to third-party websites does not imply any endorsement of, or association with such websites by Deka Lash.

Choice of Law and Forum

These terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. You and Deka Lash expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms and conditions or your use of the website shall be in the state or federal courts in the Commonwealth of Pennsylvania, and you agree and submit to the exercise of personal jurisdiction of such courts over you for the purpose of litigating any such claim or action.

Linking

Deka Lash does not represent that the content on this website is appropriate or available for use in locations outside of the United States, and therefore, accessing the website from locations where the contents are illegal is prohibited. To the extent that you access the website from such locations, you do so at your own risk and are solely responsible for compliance with local laws.

Waiver and Severability

The failure of Deka Lash to exercise and enforce any right arising from the Terms and Conditions, or your use of the website shall not constitute a waiver of such right. In the event that any portion of these Terms and Conditions is found by a court of competent jurisdiction to be unenforceable, you and Deka Lash agree that the court should construe that portion in a manner consistent with applicable law to reflect as nearly as possible, the original intention of the parties, and the other provisions of the Terms and Conditions shall remain in full force and effect.

Termination

Deka Lash reserves the right, in its sole discretion, to terminate or block your access to all or part of this website, with or without notice.

Violations

Please report any violations to these Terms and Conditions to legal@dekalash.com or DL Franchising, LLC at 3355 South State Street, South Salt Lake City, UT, 84115, Attention Legal Department.

Notice to California Residents

If you have a question or complaint regarding this website, please contact us at legal@dekalash.com or 3355 South State Street, South Salt Lake City, UT 84115, Attention Legal Department.