By placing your order today you’ll be shipped a 30 day supply of Derma Viva Skin for only $4.95. This gives you the opportunity to try this remarkable product so you can come to a decision for yourself if this is the right product for you. If you are dissatisfied with the product, you must call +61-280466522 within 14 day trial (4 day shipping) from today to cancel your membership and avoid being charged $130.49, which is the full price of the product. If you are satisfied with the product, you need do nothing else and upon the expiration of the trial period, you will be billed $130.49 AUD for the full cost of the product. Thirty days after your trial period ends and every thirty days thereafter, Company will send you a fresh monthly supply at the low price of $130.49 per until you cancel your membership. There’s no obligation and you may cancel your membership at any time. The trial period begins from the day of ordering the product.
Please note results may vary, but with continuous use of Derma Viva Skin Company are confident you will see the results you are trying to achieve. Your shipment will leave facilities within two work days. Actual delivery time of the parcel will vary by region. Please contact customer support if you have not received your trial bottle within 5 business days from your order date so that Company can remedy the situation. It is your responsibility to ensure that your shipping address is correct, and any fees incurred due to an incorrect or incomplete address are not refundable.
You acknowledge and agree that Derma Viva Skin will not obtain additional authorization from you for each installment of Monthly Fees charged to your Active Credit Card. In addition, you do not hold Derma Viva Skin responsible for any overdraft charges or fees which you might incur during the ongoing Membership. All fees are payable in United States currency. For so long as your Membership is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the Derma Viva Skin Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Derma Viva Skin in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Derma Viva Skin reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or receipt of the Derma Viva Skin Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Derma Viva Skin authorization to provide and bill for the Derma Viva Skin Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Derma Viva Skin reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued fees, such overdue amounts will be subject to your Member account being deactivated, and access to the Site denied, for non-payment.
Product Disclaimer: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.
I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Derma Viva Skin is not intended or to be used to treat any type of medical condition.
Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
1. Company refunds all cases of fraud and unauthorized transactions included shipping and handling charges. Additional refunds are issued at the discretion of the company.
2. Repetitive refunds are not permitted unless the product, as delivered to you, is defective. Company reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in judgment, requests refunds in bad faith.
3. In order to process your refund, you must supply with your name and delivery address. If you provide with insufficient or incorrect information your refund will be delayed.
4. Once a refund has been approved please allow for up to 3 days for the refund to be applied.
5. Depending on the bank that issues the credit card, your refund can take up to thirty (30) days to appear on your credit card statement. If you have any questions about whether a refund has been issued, please call Customer Service Department. 6. Shipping and handling costs are not refundable.
You will be shipped a full one-month supply of the product You ordered. Orders are generally shipped within 2 business days (Monday through Friday) using standard USPS First Class shipping method. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Derma Viva Skin does not guarantee specific arrival dates or times. Derma Viva Skin does not refund or credit delivery or processing charges for any shipments.
Company strives to offer only the highest quality products to customers, and due to quality concerns Company are unable to accept returns. All sales are final.
Contacting Customer Care / Billing: You may contact customer care department by using toll free phone number. Toll Free Customer Care phone: +61-280466522.
Negative Option Clause:
I UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT I MAY BE LIABLEFOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT FOR $130.49 PER MONTH IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Derma Viva Skin DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENTSHALL Derma Viva Skin OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT. Derma Viva Skin ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Derma Viva Skin WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Derma Viva Skin FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. Derma Viva Skin DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THEMATERIALS ON ANY Derma Viva Skin WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that Derma Viva Skin’s entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) AUD $500.00, or (ii) the total amount of money You paid to Derma Viva Skin in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Derma Viva Skin was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
REPRESENTATIONS PRODUCT DISCLAIMERS
Derma Viva Skin is committed to improving the well-being of customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Products have not been evaluated by the Food and Drug Administration, and Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Products if You experience any ill effects or unintended side effects of any Product. Derma Viva Skin endeavors to provide You with accurate information about Products. You understand and agree that the information Derma Viva Skin conveys about or Products and/or the efficacy of Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). Derma Viva Skin does not warrant or represent that such information is error-free, and Derma Viva Skin does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
Derma Viva Skin does not warrant or represent that Products will provide You with any particular benefits, or that Your results will match those of others who consume Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Derma Viva Skin makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Derma Viva Skin has the right to rely upon all information provided to Derma Viva Skin by You, and Derma Viva Skin may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Derma Viva Skin or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Derma Viva Skin’s prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:
- Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using service or Website;
- Use the Website for any unlawful purpose;
- Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; Intentionally or unintentionally violate any applicable local, state, national, or international law.
Without the express prior written authorization of Derma Viva Skin, You may not:
- Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
- Create derivative works based on the Website or any of the Intellectual Property;
- Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
- Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
- Use any meta-tags or any other “hidden text” using the Website’s name or marks;
- “Deep-link” to any page of the Website;
- Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
- Use any data mining, bots, or similar data gathering and extraction tools on the Website;
- Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
- Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Derma Viva Skin reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Derma Viva Skin believes, in sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Derma Viva Skin provides, or (iii) is unable to provide with sufficient information to allow to properly identify the customer’s real name, address, or other contact information.
The Website may provide links to other World Wide Web sites or resources. Derma Viva Skin has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Derma Viva Skin Website. Derma Viva Skin cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Derma Viva Skin Website or third-party content on sites. Derma Viva Skin does not endorse any of the merchandise, nor has Derma Viva Skin taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Derma Viva Skin does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Derma Viva Skin with respect to such sites and third-party content. Derma Viva Skin strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Derma Viva Skin nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.eyecreamava.org. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Derma Viva Skin.
Derma Viva Skin shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Derma Viva Skin’s performance.
You agree to defend, indemnify, and hold harmless Derma Viva Skin, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to New York’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Derma Viva Skin shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Derma Viva Skin does not hear from You promptly, Derma Viva Skin reserves the right to defend such claim or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Company each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact with disputes by writing at
Derma Viva Skin
15255 S. 94th Ave. Suite 500
PMB 183 Orland Park, IL 60462
Derma Viva Skin will contact You by letter to Your billing address You provided.
Company also each agree as follows:
If either Derma Viva Skin or You wants to arbitrate a dispute, Company each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided and notice will be sent to Derma Viva Skin, Derma Viva Skin15255 S. 94th Ave. Suite 500 PMB 183 Orland Park, IL 60462. Company each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then Company may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. Company each agrees that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 800-474-2371 or www.adrforum.com.
Unless Company each agrees otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
Company each agrees not to pursue arbitration on a consolidated or class wide basis. Company each agrees that any arbitration will be solely between You and Derma Viva Skin (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court. Company each are responsible for own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Derma Viva Skin will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Derma Viva Skin; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, COMPANY EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, COMPANY EACH WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No waiver of or by Derma Viva Skin shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Derma Viva Skin reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Derma Viva Skin does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Derma Viva Skin in writing, these terms and conditions may not be amended by You.