This Site is owned and operated by Top American Products Solution. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions.
Important liability statement
The information available on or through this Site, and the Services supplied via or in connection with this Site do not constitute medical advice. While every reasonable effort has been made to ensure the quality and efficacy of the Products, they are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so. If for any reason, your condition worsens or you are concerned about the reaction of your skin to the Products, you should seek advice from your doctor.
We try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.
In these terms and conditions, the following definitions apply:
“Before and After Story” means any written testimonials you supply to us relating to the Products together with any photographs.
“Top American Products Solution” means Top American Products Solution, whose registered office is at 17th Floor Tower 2 RCBC Plaza, 6819 Ayala Avenue corner Senator Gil Puyat Avenue, Makati City, Philippines 1200, and ‘we’, ‘us’, ‘our’ shall mean Top American Products Solution;
“Materials” defined in clause 2.2;
“Products” means any products offered for sale on the Site;
“Site” means the web site at the URL www.proactiv.com.ph or WAP site or replacement site(s) from time to time.
Use of this Site generally
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
The intellectual property rights in all materials on the Site and supplied as part of the Products or Services other than the Testimonials (“Materials”) are owned by Top American Products Solution or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.
Should you submit a Before and After Story to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site and on any other Top American Products Solution website which sells or markets the Products and in our marketing materials and for any other business purposes.
You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Top American Products Solution or any third party.
Top American Products Solution accepts no obligation to monitor the use of the Site. However, Top American Products Solution reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Top American Products Solution will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
Top American Products Solution may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
Your personal information
The ProActiv website uses a small number of services hosted by third parties, such as Google Analytics and Google Tag Manager. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request.
By using the ProActiv website, you consent to the processing of data by these third parties in accordance with their privacy policies.
You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Top American Products Solution does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
The Site includes links to external sites and co-branded pages. Top American Products Solution has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Top American Products Solution does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.
Subject to the important liability statement, Top American Products Solution is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.
As part of the Services offered via this Site, you may be issued with an individual password which can be used to access the Plan areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify Top American Products Solution of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your Plan membership for whatever reason.
Top American Products Solution reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Top American Products Solution promptly of any changes to your registration details.
Suspension and termination of Service
Top American Products Solution may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will not necessarily be uninterrupted or error free.
Top American Products Solution may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Top American Products Solution or any company in Top American Products Solution’s group.
Eligibility to purchase Products
Top American Products Solution does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not become a Plan member or purchase Products from the Site. By applying to be a Plan member or by ordering Products, you represent that you are 18 years of age or older.
In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, Delta or Switch credit or debit card. You warrant that the payment card you submit is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Top American Products Solution is not responsible in the event that your payment card provider refuses to authorise payments.
Ordering Products/ Accepted Means of Payment
IMPORTANT: When you order your introductory set of Products, you agree that we may send you products at the intervals (either 30, 60 or 90 days) as indicated as part of your first order. We will send these products at the relevant intervals from the date of your first order, and you agree that we may charge the debit or credit card you submit for your first order for the cost of the subsequent Products (including applicable sales tax and postage) via equal monthly instalments or a single payment depending on the payment method selected upon initial purchase on each subsequent dispatch of Products. Unless you notify us that you want to cancel these automatic repeat orders you will continue to be sent the Products and your credit or debit card will be charged the agreed price and any relevant sales tax and postal charges at the intervals indicated in your order.
Special offers, such as discounts, buy one get one free, and free P&P, will apply to first shipment only. Any subsequent shipments subscribed to will be charged at the standard price. Please note that any free gifts or bonuses do not form part of a kit.
You may cancel future automatic purchases at any time by calling our Customer Care Team on: +632 729-4444 (Mon-Fri: 8:00 am-7:00 pm, Sat: 9:00 am-5:00 pm). On receipt of your call we will make every reasonable effort to cancel your automatic purchases before any further Products are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Products to you, you can cancel such Products when you receive them. Your cancellation rights in relation to dispatched Products are set out in clause 11.
It is your responsibility to inform us of any change of address or other relevant details such as payment card details.
Payments can be made by most major credit or debit cards or by PayPal. If you wish to pay by PayPal, please note that you will be unable to pay in installments and you will be charged the full amount for any order placed on the website. Any subsequent shipments subscribed to will also be charged at the full amount.
In order to avoid interruptions in your service caused by rejected credit or debit card charges, we reserve the right to update your credit or debit card details (such as expiration dates) from your credit or debit card issuer. YOU UNDERSTAND AND AGREE THAT WE ARE ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.
You may submit orders on this Site for Products but no contract will exist in relation to the Products until we have confirmed to you by email the particulars of your initial order, the value of your initial order and the initial Products you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Top American Products Solution reserves the right to refuse orders for Products.
Pricing, availability and dispatch information of Products
Information displayed on the Site as to pricing and availability is subject to change by Top American Products Solution. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 3 working days for delivery.
In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product’s actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the Philippines (see clause 10.4 below).
Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the Philippines will be delivered duty unpaid.
Cancellation rights for dispatched Products
After we send you the email confirming the dispatch of your Products and you receive the Products, you will then have a 60 day period during which you have a right to return the Products and receive a full refund. Within the 60 day period, you may cancel your order even if you have used all or part of the Products provided you notify us by email at email@example.com. Following such notice, contact Customer Service at (632) 729-2222 (Mon-Fri 8:00 am-7:00 pm, Sat 9:00 am-5:00 pm) to confirm the return address details and receive a return authorisation number (“RAN”) and please follow the instructions relating to returns in your delivery documentation. You must return the containers of the Products covered by the cancelled order in the original packaging to us at:
Top American Products Solution, Inc (Exclusive Authorized Distributor in the Philippines).
Products must be returned by registered post (or any other method requiring the recipient to sign on delivery) in their original undamaged packaging. You are responsible for the costs of returning the Products. If you do not return the Products within 60 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site.
It can take up to 7 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt. Please allow a further week for the amount to show in your account. Sorry if this seems a little long but the time frame is dictated by your bank or card issuer.
When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid. When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
Top American Products Solution warrants that the Services will be supplied with reasonable skill and care.
Statutory rights and refunds
THE RIGHTS OF CANCELLATION AND REFUND AND ANY LIMITATION EXPRESSED IN THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Refunds in relation to Products may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
Top American Products Solution may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email or at the very least by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Top American Products Solution may delay enforcing its rights under these terms and conditions without losing them. You agree that Top American Products Solution may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
These terms and conditions shall be governed and interpreted in accordance with Philippine law, and you consent to the non-exclusive jurisdiction of the Philippine courts. These terms and conditions shall be governed and interpreted in accordance with Philippine law, and you consent to the non-exclusive jurisdiction of the Philippine courts.
If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Top American Products Solution, Inc (Exclusive Authorized Distributor in the Philippines). 17/F Tower 2 RCBC Plaza 6819 Ayala corner Gil Puyat Avenue, Makati City PH 1200.
These are the terms and conditions (the “Terms and Conditions”) that govern the relationship between you, the entrant (“you”, “your(s)”) and to Top American Products Solution, Inc (Exclusive Authorized Distributor in the Philippines).
i. By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.
ii. To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
iii. Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable. The declared prize winners’ information will be shared by the independent observer with us, specifically the winners’ name, postal address, telephone number and/or e-mail address, only to the extent that this information is required to award the prize for this Promotion.
iv. These Terms and Conditions shall be governed by and construed in accordance with Philippine law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Philippine Courts.