Terms of service
Effective Date: 2/4/2025
These Terms of Service ("Terms") govern your access to and use of the website [www.ftvskincare.com] (the "Site") and any services, products, content, and features available through the Site (collectively, the "Services"). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Site or Services.
DM Marketing Pty Ltd, trading as FTV Skincare, reserves the right to update, change, or modify these Terms at any time without prior notice. You are responsible for regularly reviewing the Terms, and your continued use of the Site after any changes constitutes your acceptance of such modifications.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you agree to be bound by any terms, conditions, and policies outlined by FTV Skincare related to its online store, including payment, shipping, and order fulfilment. Products and services purchased through the online store are for personal use only and not for resale unless authorized.
SECTION 2 - GENERAL CONDITIONS
FTV Skincare reserves the right to refuse service to anyone, at any time, for any reason. You agree not to engage in activities that interfere with or disrupt the functioning of the Site or Services.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
FTV Skincare strives to provide accurate and up-to-date information regarding products and services. However, we do not guarantee the accuracy, completeness, or timeliness of the content. We reserve the right to update, amend, or remove information without prior notice.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
FTV Skincare may modify, update, or discontinue the services or products offered on the Site without notice. Prices for our products and services are subject to change without notice. We reserve the right to adjust pricing due to errors, supply changes, or market conditions.
SECTION 5 - PRODUCTS OR SERVICES
All products or services available through the Site are subject to availability. FTV Skincare may limit the quantity of products or services provided at its discretion. We cannot guarantee that all products will be available for purchase at all times.
Skincare Products Usage
All skincare products are intended for external use only unless otherwise stated. Please read product labels carefully before use. In case of allergic reactions or adverse effects, immediately discontinue use and consult a healthcare professional. FTV Skincare is not responsible for the misuse of products or reactions to ingredients.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate information for your orders, billing, and account information. It is your responsibility to update this information if it changes. FTV Skincare reserves the right to cancel or refuse orders if the billing information is incorrect or insufficient.
SECTION 7 - OPTIONAL TOOLS
FTV Skincare may provide you with access to third-party tools over which we have no control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties. Use of any optional tools is at your own risk, and you should ensure you are familiar with the tools and their terms before use.
SECTION 8 - THIRD-PARTY LINKS
Our Site may contain links to third-party websites. FTV Skincare is not responsible for the content, policies, or practices of any third-party websites. We encourage you to review the privacy policies and terms of service of any external websites before engaging with them.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Any comments, feedback, or suggestions you provide to FTV Skincare may be used for marketing, research, and product development. By submitting feedback, you grant us the right to use, modify, and distribute such feedback without compensation.
SECTION 10 - PERSONAL INFORMATION
FTV Skincare collects personal information as part of your use of the Site and Services. For details about how your information is handled, please refer to our Privacy Policy.
SMS Marketing
By consenting to FTV Skincare’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at - info@ftvskincare.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy - https://ftvskincare.com/policies/privacy-policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing FTV Skincare products or services, you agree that any controversy, claim, action, or dispute between you and FTV Skincare arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of FTV Skincare’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Melbourne, Victoria, Australia, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Victoria, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of FTV Skincare’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 2/118-122 Malcolm Road, Braeside, VIC 3195, Australia. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with FTV Skincare. You are responsible for ensuring FTV Skincare’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and FTV Skincare agree that you may bring or participate in Claims against FTV Skincare only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and FTV Skincare agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
FTV Skincare may, at its discretion, correct errors or inaccuracies in product descriptions, pricing, or other content. We reserve the right to change or update any information at any time without prior notice.
SECTION 12 - PROHIBITED USES
You agree not to use the Site for any unlawful or prohibited activities. This includes, but is not limited to:
- Violating any laws or regulations
- Engaging in fraudulent activity
- Interfering with the security of the Site or services
- Impersonating others or misrepresenting your identity
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
FTV Skincare provides the Site and Services "as is" without any warranties or guarantees of any kind. To the fullest extent permitted by law, FTV Skincare disclaims all warranties, express or implied, regarding the Site and Services. We are not liable for any damages arising from your use of the Site or Services.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless FTV Skincare, its employees, agents, and affiliates from any claims, damages, or losses arising from your violation of these Terms or your use of the Site.
SECTION 15 - SEVERABILITY
If any provision of these Terms is deemed invalid, illegal, or unenforceable, such provision shall be severed from the remaining Terms, which shall continue in full force and effect.
SECTION 16 - TERMINATION
FTV Skincare may suspend or terminate your access to the Site or Services at any time, for any reason, including for breach of these Terms. Upon termination, all rights and obligations under these Terms will cease, except those that survive termination by their nature.
SECTION 17 - ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and FTV Skincare regarding your use of the Site and Services. Any previous agreements or understandings between you and FTV Skincare are superseded by these Terms.
SECTION 18 - GOVERNING LAW
These Terms will be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes related to these Terms will be resolved through binding arbitration.
SECTION 19 - CHANGES TO TERMS OF SERVICE
FTV Skincare reserves the right to amend these Terms at any time. Any changes will be posted on this page with an updated effective date. By continuing to use the Site, you agree to be bound by the updated Terms.
SECTION 20 - CONTACT INFORMATION
If you have any questions or concerns about these Terms of Service, please contact us:
FTV Skincare
DM Marketing Pty Ltd
2/118-122 Malcolm Road, Braeside, VIC 3195, Australia
Email: info@ftvskincare.com