Terms of Use
Overview
These Terms of Service (“Terms”) are a binding agreement between you ("you," "your," or "Customer") and KYANA International Limited, trading as LVLUP Health ("LVLUP Health", "we," "us," or "our"), governing your access to and use of our website located at https://lvluphealth.com ("Website") and the purchase, ordering, or use of products and services offered by LVLUP Health (collectively, "Services").
By accessing, browsing, or otherwise using the Website, or by purchasing or attempting to purchase products from us, you agree to be bound by these Terms, our Privacy Policy, Shipping Policy, Return & Refund Policy, and any other documents referenced herein (collectively, the "Agreement"). If you do not agree with these Terms, you must not access the Website or use our Services.
Purpose of Products
LVLUP Health offers experimental and research-use-only compounds. These compounds are not approved by the U.S. Food and Drug Administration (FDA), Therapeutic Goods Administration (TGA), European Medicines Agency (EMA), or any similar regulatory authority. The compounds are sold strictly for non-consumable experimental and laboratory research purposes and are not intended for human ingestion, veterinary use, or clinical applications. No therapeutic, diagnostic, or medical claims are made or implied for any product listed on the Website.
All purchasers acknowledge and agree that they are aware of the experimental nature of the products and have the requisite professional expertise, facilities, and knowledge to safely handle, store, and use such compounds in accordance with applicable laws and safety standards. LVLUP Health disclaims all liability for misuse or unauthorized application of its products.
Acceptance of Terms
By accessing or using the Website, you represent and warrant that:
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You are at least 18 years of age;
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You are legally competent to enter into a binding agreement;
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You will use the Website and Services only in compliance with these Terms and all applicable local, national, and international laws and regulations;
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You understand and accept that the products are for research and experimental purposes only and will not be used in humans, animals, or for clinical trials without appropriate regulatory approval;
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You will not resell, transfer, or distribute any product without obtaining prior written authorization from LVLUP Health and complying with all applicable regulatory requirements.
Changes to Terms
LVLUP Health reserves the right to amend, modify, or update these Terms at any time without prior notice, in our sole discretion. When changes are made, the "Last Updated" date at the top of the Terms will be revised accordingly. We will endeavor to notify customers of material changes through reasonable means, such as email notification or prominent notice on the Website; however, it is your responsibility to review the Terms periodically for any changes. Your continued use of the Website or Services following the posting of revised Terms constitutes acceptance of those changes.
Regulatory Compliance
It is your responsibility to ensure that the purchase, importation, storage, use, and disposal of any products purchased from LVLUP Health comply with all applicable local, state, federal, and international laws, including but not limited to import/export regulations, safety and environmental laws, and any industry-specific regulations concerning experimental compounds.
LVLUP Health does not guarantee that products are lawful for purchase or use in your jurisdiction. You expressly assume all responsibility for determining the legality of the products in your location prior to purchase and use. We disclaim any liability for any regulatory, legal, or administrative action that may result from your use or possession of our products.
Entire Agreement
These Terms, along with our Privacy Policy, Shipping Policy, and Return & Refund Policy, constitute the entire agreement between you and LVLUP Health concerning your use of the Website and Services, superseding any prior agreements or communications (oral or written) between you and LVLUP Health with respect to such subject matter. No course of dealing or usage of trade shall be used to modify the terms herein.
Eligibility
General Eligibility Requirements
Access to and use of the Website and the purchase of products and Services from LVLUP Health are restricted to individuals and entities who can form legally binding contracts under applicable law. By accessing or using the Website, you represent and warrant that you:
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Are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
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Possess the full right, power, and authority to enter into and comply with these Terms;
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Are accessing and using the Website in a personal or representative capacity that does not violate any laws or regulations applicable to you;
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Are purchasing products for experimental, laboratory research, investigational, or analytical purposes only;
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Have the necessary knowledge, skill, and professional expertise to safely handle, store, and use experimental compounds, consistent with all applicable safety and regulatory standards;
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Are not purchasing products for human consumption, clinical use, or veterinary use unless separately authorized by applicable regulatory agencies and laws, which you acknowledge you currently lack unless otherwise disclosed and accepted in writing by LVLUP Health;
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Will not resell, transfer, export, or use products in violation of applicable laws or these Terms.
Institutional and Professional Use Only
The products offered by LVLUP Health are intended solely for qualified institutional, academic, laboratory, and professional research purposes. Access and purchase are limited to researchers, laboratories, educational institutions, licensed corporations, and other qualified entities or individuals who possess the appropriate credentials, facilities, and regulatory authorization necessary for handling experimental compounds.
Purchasers must ensure they maintain all relevant certifications, licenses, or permits required by their jurisdiction to purchase and handle experimental research products. LVLUP Health does not independently verify qualifications, and the burden remains on you to ensure you meet all legal and professional requirements for eligibility.
Restrictions on Use
You must not use the Website or any product purchased for:
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Human or animal consumption;
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Medical, diagnostic, therapeutic, or clinical purposes without express regulatory approval;
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Household use or any consumer application;
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Incorporation into cosmetics, foods, supplements, or pharmaceutical products intended for sale or distribution to the general public;
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Any unlawful, unethical, or unauthorized purpose in violation of applicable law, regulation, or professional standard;
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Activities in breach of local or international export control laws and regulations, including but not limited to U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR).
Verification and Due Diligence
LVLUP Health reserves the right to verify your identity, credentials, and purpose for purchasing at any time prior to or after order acceptance, including requiring documentation proving your status as a qualified purchaser or researcher. We reserve the right to refuse service or cancel any order at our sole discretion where sufficient proof of eligibility is not provided or is deemed inadequate.
Representations and Warranties
By purchasing products from LVLUP Health, you represent and warrant that:
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You are purchasing products for legitimate research, investigational, or analytical purposes consistent with the stated intended use of the products;
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You are fully responsible for ensuring all handling, storage, disposal, and use of the products complies with applicable safety guidelines and legal requirements;
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You understand and accept the risks inherent in handling experimental compounds and have implemented appropriate risk mitigation procedures;
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You will not allow unqualified personnel access to the products;
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You will not attempt to use, administer, or supply products for human or animal use without explicit regulatory approvals where required.
Prohibited Persons and Entities
LVLUP Health does not sell to, and access to the Website is prohibited for, persons or entities located in, under the control of, or nationals or residents of any country subject to comprehensive trade sanctions or embargoes imposed by the United Nations, U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), European Union, or any other applicable regulatory authority. Additionally, LVLUP Health does not transact with individuals, organizations, or entities that are designated as prohibited or restricted parties under applicable export control laws or sanctions regulations.
Products and Services
Nature of Products
LVLUP Health offers products designated exclusively for laboratory research, analytical testing, investigational studies, and experimental use. These products are not approved, cleared, or certified by any regulatory body, including but not limited to the U.S. Food and Drug Administration (FDA), Therapeutic Goods Administration (TGA), European Medicines Agency (EMA), or other similar authorities, for human or veterinary use.
The compounds offered by LVLUP Health are not drugs, medical devices, food additives, cosmetics, dietary supplements, or articles intended for human or animal consumption. They are not suitable for therapeutic, diagnostic, prophylactic, or any medical purposes. LVLUP Health disclaims any intention that the products be used for such prohibited purposes.
Experimental Use Only
All products are provided strictly for experimental, investigational, and laboratory research purposes. Purchasers must ensure that all use, handling, storage, and disposal are performed in accordance with applicable laws, regulations, and best industry practices. You agree that products will only be used by qualified personnel knowledgeable in handling potentially hazardous materials and experimental compounds.
No Guarantee of Specifications or Consistency
Due to the nature of research and experimental compounds, LVLUP Health does not guarantee that product specifications, including but not limited to purity, identity, composition, or molecular structure, will conform precisely to any published data or prior batches. Batch-to-batch variability is inherent to the manufacturing of research compounds, and variations may occur.
While we make reasonable efforts to ensure product consistency, we expressly disclaim any liability arising from minor variations in the physical characteristics, appearance, potency, solubility, or other attributes of the products. You acknowledge that such variations are scientifically reasonable and expected within the context of experimental and research use compounds.
Product Descriptions and Representations
Descriptions, specifications, representations, and images of products on the Website are for informational purposes only and may not be relied upon as accurate or current. We reserve the right to correct any errors, inaccuracies, or omissions and to update information at any time without prior notice.
No information provided by LVLUP Health, whether on the Website, in catalogs, or otherwise, constitutes a representation or warranty that any product is suitable for a particular research purpose or methodology. It is your responsibility to determine the suitability of the product for your intended application.
Stability and Storage
Due to the experimental nature of the compounds, LVLUP Health makes no warranty or representation concerning the shelf life, stability, storage conditions, or degradation of any product. Products may degrade over time or under certain storage conditions. Purchasers are solely responsible for ensuring proper storage and handling to maintain product integrity, and any recommendations provided are for general guidance only and do not constitute a warranty or guarantee.
Compliance and Regulatory Requirements
LVLUP Health does not represent or warrant that any product complies with the laws, regulations, or requirements of any jurisdiction outside of the jurisdiction where it is sold. It is your sole responsibility to ensure that the products may be legally purchased, possessed, and used in your jurisdiction and for your intended purposes. We disclaim all responsibility for regulatory non-compliance arising from your use, possession, or distribution of the products.
Intended End-User Responsibility
You understand and agree that:
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You are solely responsible for determining the suitability of any product for your specific research or investigational use;
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You have sufficient technical expertise, equipment, facilities, and knowledge to safely handle, store, and dispose of research-grade experimental compounds;
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You accept all risks associated with the use of products and that improper handling, storage, or use could result in injury, illness, or property damage;
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You will not attempt to apply products in any manner inconsistent with their intended experimental use designation.
Modification and Discontinuation of Products
LVLUP Health reserves the right to modify, substitute, or discontinue any product or service offered at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of a product or service.
Limitation of Claims
In the event of a claim related to the quality or description of a product, you must notify LVLUP Health in writing within seven (7) days of delivery. Failure to provide timely notice constitutes a waiver of such claim. Remedies for valid claims are limited to replacement of the non-conforming product or refund of the purchase price, at LVLUP Health’s sole discretion, and are subject to our Return & Refund Policy.
Payment Terms
Accepted Payment Methods
LVLUP Health accepts payment by valid credit card only. We do not accept PayPal, bank transfers, cash, checks, cryptocurrencies, or any other form of payment unless explicitly stated on the Website. By submitting your payment information at checkout, you represent and warrant that:
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You are the authorized holder of the credit card used for the transaction;
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You are legally entitled to use the payment method supplied;
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All payment information you provide is true, correct, and complete.
Authorization and Charges
When you provide a payment method to us, you authorize us to charge your designated payment method for the total amount of your order, including applicable shipping fees and taxes. You acknowledge and agree that LVLUP Health is authorized to immediately collect payment at the time of order placement or authorization, regardless of product availability or shipment timing.
Payment Processing and Security
All payment transactions are processed using secure third-party payment gateways compliant with the Payment Card Industry Data Security Standard (PCI-DSS). While we implement commercially reasonable security measures, you acknowledge that no method of electronic transmission or storage is 100% secure, and we disclaim all liability for unauthorized access to payment information outside of our control.
Pricing, Taxes, and Currency
All prices are displayed in the currency stated on the Website and are inclusive or exclusive of applicable taxes as indicated. You are responsible for all applicable taxes, customs duties, import fees, and regulatory charges that may apply in your jurisdiction. Prices are subject to change without prior notice. We reserve the right to correct any pricing errors even after your order has been submitted. If a correction results in an increased total, you will be notified and given the option to cancel the order before it is processed.
Order Acceptance and Refusal
We reserve the right, in our sole discretion, to refuse or cancel any order placed through the Website. Reasons for refusal or cancellation may include, but are not limited to:
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Suspected fraudulent, unauthorized, or illegal activity;
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Errors or inaccuracies in product or pricing information;
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Product unavailability or stock shortages;
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Purchaser failing to meet our eligibility requirements or due diligence verification;
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Payment failure or reversal.
If your payment method is declined, dishonored, or otherwise reversed after your order has been fulfilled, you remain responsible for all amounts owed to LVLUP Health and any associated fees, including collection costs and attorney’s fees where permitted by law.
Chargebacks and Disputes
If you initiate a chargeback or dispute through your payment provider, and the chargeback is ruled in LVLUP Health’s favor, you agree to reimburse LVLUP Health for all costs associated with the dispute, including the original amount, chargeback fees, and administrative expenses. We reserve the right to suspend or terminate your access to the Website or future purchases if a chargeback is initiated without first contacting our customer support team at [email protected] to resolve the matter.
Customs Seizures and Payment Responsibility
LVLUP Health is not responsible for shipments seized, delayed, or refused by customs authorities in your jurisdiction. If your order is returned to us due to customs refusal, we may, at our discretion, issue a refund for the product cost only, excluding original shipping charges, customs duties, taxes, and any associated fees. If the goods are destroyed by customs or otherwise rendered undeliverable, you remain fully responsible for the entire purchase price, and no refund will be issued.
Subscription Payments
By enrolling in a subscription plan, you authorize LVLUP Health to charge your payment method automatically at the billing frequency you select without additional authorization. It is your responsibility to ensure that your payment method is current and valid at the time of each renewal. Failed subscription payments may result in suspension or termination of your subscription. You may cancel your subscription at any time prior to the renewal date through your account dashboard to avoid additional charges.
Currency Conversion and International Transactions
If you are purchasing from outside the currency jurisdiction indicated, your payment provider may apply currency conversion fees or exchange rates at their discretion. LVLUP Health is not responsible for currency conversion discrepancies, fees, or losses associated with international transactions. The amount charged at checkout is denominated in the currency specified at the time of sale and is final.
Refund Eligibility
Refunds, where applicable, are subject to the conditions outlined in our Return & Refund Policy. Refunds will only be issued to the original payment method used for the transaction and only where all return instructions and timeframes have been complied with. Refunds will not be issued for products that are seized, confiscated, or destroyed during customs clearance or regulatory inspection processes beyond our control.
Shipping, Delivery, and Non-Fixed Address Deliveries
Shipping Methods and Carriers
LVLUP Health uses reputable third-party shipping providers to deliver products domestically and internationally. Shipping methods, costs, and estimated delivery times are displayed at checkout based on the shipping address provided. All shipping costs are non-refundable once the order has been dispatched, unless otherwise specified under our Return & Refund Policy.
While we strive to meet the estimated delivery timeframes, all delivery dates provided are estimates only and are not guaranteed. Delivery timeframes may be affected by customs processing, carrier delays, public holidays, weather conditions, and other factors beyond our control.
Transfer of Risk and Title
Risk of loss and title for products pass to you upon our handover of the goods to the shipping carrier at the point of origin. Once the shipment is in transit, we are not responsible for any loss, damage, theft, misdelivery, or destruction of the products. You are solely responsible for pursuing any claims with the carrier for damaged or lost shipments.
Customs, Duties, and Regulatory Compliance
You are responsible for ensuring that the products you order comply with all applicable import laws, regulations, and restrictions in your destination country. LVLUP Health does not assume any liability for delays, seizures, confiscations, import refusals, fines, penalties, or destruction of products by customs or regulatory authorities.
Customs duties, taxes, brokerage fees, and other charges assessed by your country’s customs office are your sole responsibility. LVLUP Health does not collect these charges at checkout and cannot estimate what these charges may be. If a shipment is refused entry or confiscated by customs, no refund will be issued unless the products are returned to us in original, unopened, and undamaged condition at your expense.
Address Accuracy and Delivery
You are responsible for providing a complete and accurate shipping address at the time of purchase. We are not liable for failed delivery, loss, or damage arising from incorrect, incomplete, or insufficient address information provided by you. If a shipment is returned to us due to an address error, we may, at our sole discretion:
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Charge additional shipping fees for re-delivery; or
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Cancel the order and refund the product price, less the original shipping costs and any return fees assessed by the carrier.
Delivery to Non-Fixed Addresses
Shipments to non-fixed addresses — including but not limited to hotels, motels, temporary lodgings, PO boxes, mail forwarding services, freight forwarders, and virtual offices — are made entirely at your risk. LVLUP Health does not guarantee delivery to these addresses, and no refunds or replacements will be issued for non-receipt, loss, theft, or delivery errors to such addresses.
By choosing to ship to a non-fixed address, you acknowledge and accept full responsibility for any and all risks associated with the delivery, including, without limitation, delays, misdeliveries, and failure to retrieve the package before departure from the location.
Undeliverable or Unclaimed Shipments
If a shipment is returned to us as undeliverable, unclaimed, refused, or abandoned, we will attempt to notify you using the contact information you provided. If you do not respond within fourteen (14) days of notification, the products may be deemed forfeited without refund. If re-shipment is possible, additional shipping charges must be paid in advance.
Force Majeure
LVLUP Health is not liable for any failure to perform, delay in shipment, or other delivery failures caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, governmental actions, import or export restrictions, transportation delays, supply chain disruptions, or acts of terrorism.
Partial Shipments
We reserve the right to ship orders in multiple installments where necessary due to stock availability, regulatory issues, or logistical constraints. In such cases, shipping charges will not be increased from the amount quoted at checkout unless otherwise agreed in writing prior to shipment.
Inspection Upon Receipt
Upon receipt of your shipment, you must immediately inspect the goods for any damage, shortage, or non-conformity. Any claims for damaged or missing items must be submitted to LVLUP Health in writing at [email protected] within seven (7) days of delivery, accompanied by photographic evidence. Failure to notify us within this timeframe constitutes acceptance of the shipment as complete and undamaged.
Affiliate and Referral Program Terms
Program Overview
LVLUP Health operates an affiliate and referral program (“Program”) through a third-party platform (e.g., GoAffPro) to incentivize the promotion of our Website and products. By applying to, participating in, or accepting commissions from the Program, you ("Affiliate," "you," or "your") agree to abide by these Terms in addition to any separate terms provided by the platform administrator.
Eligibility for Participation
Participation in the Program is limited to individuals and entities who are at least eighteen (18) years old and have the legal capacity to enter into binding contracts. Affiliates must maintain an active and valid account with the Program platform and must provide accurate and complete information during registration, including legal name, valid address, and current payment details.
Permitted Promotional Activities
Affiliates may promote LVLUP Health’s Website and products using approved materials provided by LVLUP Health or original content that accurately represents the products and complies with applicable marketing laws, advertising standards, and the policies set forth herein. All promotions must:
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Be truthful, non-deceptive, and not make any medical, therapeutic, or health claims about LVLUP Health’s products;
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Not suggest that products are FDA-approved, TGA-approved, or otherwise endorsed by any regulatory authority;
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Clearly disclose the affiliate relationship in accordance with the Federal Trade Commission (FTC) Endorsement Guidelines and similar disclosure regulations applicable to your jurisdiction;
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Comply with all local, national, and international marketing, privacy, and advertising regulations.
Prohibited Conduct
Affiliates must not:
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List or submit affiliate links to coupon websites, deal aggregation sites, cashback portals, browser extensions, or similar services without prior written approval;
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Engage in deceptive, misleading, unethical, or unlawful promotional practices, including false advertising or impersonation;
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Bid on LVLUP Health brand names, trademarks, or related keywords in any paid advertising platforms (e.g., Google Ads, Bing Ads) without prior authorization;
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Use spam, unsolicited commercial emails, or fraudulent traffic generation techniques;
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Promote LVLUP Health products in a manner that could reasonably damage our reputation, goodwill, or relationships with customers;
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Operate or maintain concurrent affiliations with direct competitors of LVLUP Health or entities offering products substantially similar to LVLUP Health’s offerings without prior written approval;
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Make any claims or representations regarding the therapeutic benefit, efficacy, safety, or health effects of LVLUP Health’s experimental compounds;
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Modify, misrepresent, or misstate product attributes, legal disclaimers, or Terms of Service in any marketing material;
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Engage in any behavior that LVLUP Health, in its sole discretion, deems fraudulent, abusive, misleading, or in violation of these Terms or applicable law.
Affiliate Representations and Warranties
By participating in the Program, you represent and warrant that:
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You will not make any claims on behalf of LVLUP Health without prior written approval;
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You will present all promotional material and communications clearly as your own and not as those of LVLUP Health;
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You will not imply any official endorsement, approval, or partnership between LVLUP Health and any third party unless expressly authorized in writing;
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All statements you make in your promotional activities are true, accurate, and substantiated to the best of your knowledge;
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You will comply with all applicable laws, regulations, and self-regulatory guidelines related to marketing and advertising.
Disclaimers Regarding Affiliate Content
All statements, claims, and representations made by Affiliates are their own and are not reviewed, monitored, endorsed, or approved by LVLUP Health. LVLUP Health expressly disclaims any liability arising from or relating to the content or claims made by Affiliates in connection with the Program.
Indemnification
Affiliates agree to defend, indemnify, and hold harmless LVLUP Health, its officers, directors, employees, agents, affiliates, and successors from and against any and all claims, demands, causes of action, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:
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Affiliate’s breach of these Terms or any applicable law or regulation;
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Affiliate’s participation in the Program;
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Any statements, claims, representations, or marketing practices by the Affiliate;
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Allegations of infringement of intellectual property rights, privacy rights, or violation of advertising laws or guidelines caused by Affiliate’s conduct.
Commission Payments
Commissions will be paid on qualifying purchases made through properly tracked and approved affiliate links. Payment amounts, methods, schedules, and minimum payout thresholds are set forth in the Program administrator’s terms and are subject to change without notice. LVLUP Health reserves the right, at its sole discretion, to withhold or deduct commissions in the event of suspected fraud, policy violations, chargebacks, or other prohibited activities.
Commissions may be paid by methods at LVLUP Health’s discretion, including but not limited to direct bank transfer, credit card refund, or store credit. Affiliates are responsible for all fees associated with receiving payment and for ensuring that their payment information remains accurate and current.
Audit and Right to Terminate
LVLUP Health reserves the right to audit any Affiliate’s activities and promotional methods at any time for compliance with these Terms and applicable law. We may suspend, withhold payments, or terminate your participation in the Program immediately and without notice if we determine, in our sole discretion, that you have engaged in prohibited conduct, violated these Terms, or acted in a manner detrimental to LVLUP Health’s interests or reputation.
Forfeiture of Commissions
If you violate any provision of these Terms or if fraudulent, abusive, or unlawful activity is suspected, all unpaid, accrued, or pending commissions will be forfeited, and you may be permanently barred from future participation in the Program or any other LVLUP Health initiative.
Modification or Termination of the Program
LVLUP Health reserves the right to modify, suspend, or terminate the Program, in whole or in part, at any time without prior notice and without liability. In the event of termination, we will make reasonable efforts to pay any legitimate, non-disputed commissions earned prior to the termination date, subject to these Terms and Program policies.
User-Generated Content
Submission of Content
LVLUP Health may, at its discretion, allow users to submit content to the Website or affiliated platforms, including but not limited to product reviews, testimonials, feedback, comments, images, audio, video, or other materials (“User Content”). By submitting User Content, you grant LVLUP Health a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, copy, reproduce, adapt, modify, translate, publish, display, distribute, and create derivative works from such User Content in any media now known or developed in the future for any purpose, including but not limited to promotional, marketing, research, and development purposes, without compensation or acknowledgment to you.
Ownership and License
You retain ownership of any intellectual property rights you hold in your User Content; however, by submitting User Content, you grant LVLUP Health an unrestricted license to exercise all associated rights, including the right to commercialize, sublicense, and exploit the User Content without limitation or obligation to you. This license survives termination of these Terms and your relationship with LVLUP Health.
Representations and Warranties
By submitting User Content, you represent and warrant that:
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You are the sole author and owner of the User Content or have all necessary licenses, rights, consents, and permissions to grant the rights granted herein;
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Your User Content is accurate and not misleading;
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Your User Content does not violate any third-party rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, or moral rights;
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Your User Content does not violate any applicable laws or regulations;
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Your User Content is not defamatory, obscene, offensive, abusive, hateful, inflammatory, violent, pornographic, or otherwise objectionable;
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You voluntarily waive any “moral rights” you may have in your User Content under any applicable laws and agree not to assert such rights against LVLUP Health or its sublicensees.
Prohibited Content
LVLUP Health prohibits submission of User Content that:
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Contains false, misleading, or unsubstantiated claims regarding LVLUP Health’s products;
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Contains private or confidential information of any third party without their consent;
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Is submitted in violation of any contractual obligation or applicable law;
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Contains viruses, malware, spyware, or other malicious code;
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Contains unauthorized commercial promotions, advertising, spam, or solicitations;
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Suggests or implies any unlawful use or consumption of LVLUP Health’s experimental compounds.
Moderation and Removal
LVLUP Health reserves the right, but not the obligation, to monitor, review, remove, or refuse to post any User Content at any time and for any reason without notice. We may remove User Content that we, in our sole discretion, determine violates these Terms or is otherwise inappropriate, without liability to you.
Disclaimer of Liability
LVLUP Health disclaims any responsibility or liability for User Content posted by you or third parties. User Content reflects the opinions and views of the person submitting it and does not reflect the views, opinions, or official positions of LVLUP Health. We make no representations regarding the accuracy, reliability, or completeness of any User Content and disclaim all liability for any errors or omissions in any User Content.
Indemnification
You agree to defend, indemnify, and hold harmless LVLUP Health, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:
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Your User Content;
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Your breach of any of the representations, warranties, or obligations set forth in these Terms;
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Your violation of any applicable laws, regulations, or third-party rights, including intellectual property rights.
No Obligation to Retain Content
We are under no obligation to store, maintain, or provide copies of any User Content, and we may delete User Content at any time for any reason without notice. You are solely responsible for maintaining backup copies of your User Content if desired.
Health and Experimental Use Disclaimer
Experimental Use Only
All products sold by LVLUP Health are designated and sold strictly for laboratory research purposes and non-human, non-clinical experimental use only. These products are not intended for human consumption, veterinary use, clinical applications, therapeutic use, or diagnostic purposes and must not be used as food additives, drugs, cosmetics, household chemicals, agricultural products, or any other unauthorized application.
No Regulatory Approvals
LVLUP Health’s products have not been approved, cleared, or evaluated by the U.S. Food and Drug Administration (FDA), Therapeutic Goods Administration (TGA), European Medicines Agency (EMA), or any other governmental regulatory authority in any jurisdiction. They are not to be marketed, labeled, or considered as approved for any clinical, medical, diagnostic, or therapeutic purposes.
No Medical or Therapeutic Claims
LVLUP Health does not make, and expressly disclaims, any representations or warranties, express or implied, that the use of its products will have any medical, therapeutic, or health effect. No statement or description on our Website, marketing materials, or packaging should be interpreted as a claim of medical efficacy or as an endorsement for use in diagnosing, treating, curing, or preventing any disease or medical condition.
Buyer Responsibility and Risk
By purchasing products from LVLUP Health, you acknowledge and agree that:
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You are solely responsible for ensuring that any handling, use, or disposition of products complies with all applicable local, state, federal, and international laws and regulations, including but not limited to import/export restrictions, health and safety standards, and chemical handling guidelines.
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You possess the necessary expertise, equipment, and facilities to safely handle experimental compounds and will not permit unauthorized or unqualified individuals access to the products.
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You will not mislabel, repackage, resell, or re-distribute the products for any unauthorized or unlawful purpose.
Potential Hazards
Many research compounds may pose inherent hazards, including but not limited to toxicity, reactivity, flammability, or bioactivity. Exposure to or misuse of such compounds may result in serious bodily injury, illness, death, or property damage. Products should be handled only by trained and qualified personnel in appropriate laboratory settings using proper protective equipment and safety protocols.
Assumption of Risk
You assume full responsibility for the safe handling, storage, use, and disposal of the products. By purchasing, you expressly acknowledge that you understand the risks associated with experimental compounds and agree to assume all liability for any damages, losses, or injuries arising directly or indirectly from the handling or misuse of the products.
Indemnification
You agree to indemnify, defend, and hold harmless LVLUP Health, its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, liabilities, losses, damages, expenses, and costs (including attorneys' fees) arising from or relating to:
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Your purchase, use, or disposal of any LVLUP Health product;
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Your violation of any applicable laws, regulations, or guidelines;
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Your breach of any provision of these Terms or representations made herein.
No Warranties
LVLUP Health expressly disclaims all warranties, express or implied, regarding the merchantability, fitness for a particular purpose, stability, safety, or efficacy of its products for any application outside the designated experimental use. All products are sold "as is" and "as available" without warranties of any kind.
Regulatory Disclosure
It is your responsibility to determine and comply with all regulatory requirements that may apply to your intended use of LVLUP Health’s products. LVLUP Health disclaims any responsibility for compliance with regulatory frameworks governing research, development, or experimental work in your jurisdiction.
Dispute Resolution and Arbitration
Mandatory Pre-Dispute Resolution Procedure
In the event of any controversy, dispute, or claim arising out of or relating to these Terms, the Website, your use of the Website, or your purchase or use of LVLUP Health’s products (collectively, "Dispute"), you agree to first attempt to resolve the Dispute informally by contacting LVLUP Health at [email protected] and providing a written description of the issue, your proposed resolution, and supporting documentation if available ("Notice of Dispute").
Both parties agree to use reasonable, good-faith efforts to resolve the Dispute within thirty (30) calendar days after receipt of the Notice of Dispute. If the Dispute is not resolved within this thirty (30) day period, either party may proceed to initiate binding arbitration as described below.
Binding Individual Arbitration
Except where prohibited by applicable law, any Dispute that cannot be resolved informally shall be resolved exclusively and finally by binding individual arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by this agreement.
Arbitration Procedures
The arbitration shall be conducted:
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By a single arbitrator appointed in accordance with the applicable rules;
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In English language;
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Online via virtual hearings or, if necessary, based on written submissions and remote video conferencing, unless the parties mutually agree otherwise;
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With limited discovery rights, as the arbitrator deems appropriate;
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In a confidential proceeding, with no public disclosure of any filings, documents, testimony, or outcomes without the prior written consent of both parties, except as required by law.
Governing Law
These Terms and any Dispute shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (Hong Kong SAR), without regard to its conflict of law principles. You agree that Hong Kong law applies regardless of where you reside or where the product is used, shipped, or marketed.
Waiver of Class or Collective Actions
All arbitrations shall be conducted on an individual basis. You and LVLUP Health agree to waive any right to bring or participate in any class, collective, or mass action, private attorney general action, or other representative proceeding. The arbitrator shall have no authority to consolidate the claims of multiple parties, nor to preside over any form of class, collective, mass, or representative proceeding.
Arbitration Remedies and Limitations
The arbitrator shall have authority to award legal or equitable relief available under applicable law but only to the extent necessary to satisfy your individual claim. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall not have authority to award punitive, exemplary, or indirect damages, and all remedies must be limited to actual damages incurred by the individual party bringing the claim.
Arbitration Costs
Each party shall bear its own attorneys' fees, costs, and expenses in connection with the arbitration, and shall equally share the administrative fees and costs of arbitration, unless the arbitrator determines that the allocation of costs should be modified in the interest of fairness or required by law.
Small Claims Exception
Notwithstanding the foregoing, either party may bring an individual action in a small claims court having jurisdiction, provided the claim is within the court’s jurisdictional limits and remains on an individual, non-class basis.
Opt-Out Option
You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to [email protected] within thirty (30) days of your first purchase or first use of the Website, whichever occurs first. Your notice must include your name, postal address, and email address used in connection with your purchase. Opting out of arbitration does not opt you out of the other provisions of these Terms, including the mandatory pre-dispute informal resolution procedure.
Severability
If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be severed, and the remainder of the arbitration agreement shall continue in full force and effect.
Exclusive Venue for Non-Arbitrable Claims
For any claims that are not subject to arbitration, the parties agree to submit to the exclusive jurisdiction of the courts located in Hong Kong SAR, and you waive any objection to venue, including inconvenience of forum, in such courts.
Limitation of Liability and Indemnity
Limitation of Liability
To the fullest extent permitted by applicable law, LVLUP Health, its affiliates, directors, officers, employees, agents, licensors, suppliers, or any party involved in creating, producing, or delivering the Website or products (collectively, "LVLUP Parties") shall not be liable to you or any third party for any indirect, incidental, consequential, exemplary, special, punitive, or enhanced damages, including but not limited to:
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Loss of profits, revenue, data, business, goodwill, or anticipated savings;
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Loss or corruption of data or other information;
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Loss of use of the Website or any associated service interruptions;
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Personal injury, property damage, or any other loss resulting from your use of experimental products in a manner inconsistent with these Terms or applicable law;
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Claims arising out of unauthorized access to or use of your account or User Content;
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Third-party conduct or User Content posted on or through the Website.
These limitations apply whether the alleged liability is based on warranty, contract, tort (including negligence), product liability, strict liability, or any other legal theory, even if LVLUP Health has been advised of the possibility of such damages.
Cap on Liability
In no event shall the aggregate liability of the LVLUP Parties exceed the greater of:
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The total amount you paid to LVLUP Health for products giving rise to the claim in the six (6) months preceding the first incident out of which the liability arose; or
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Five hundred U.S. Dollars (USD $500).
This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein.
No Liability for Experimental Products
LVLUP Health expressly disclaims all liability for any loss, injury, damage, or harm resulting from improper, unauthorized, or illegal use of its products, including but not limited to use for human or animal consumption, therapeutic purposes, or any other prohibited use. You understand that the products are sold strictly for experimental purposes and agree that any use outside of the intended experimental scope is solely at your risk and responsibility.
Force Majeure
LVLUP Health shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, supply chain disruptions, embargoes, pandemics, or failures of internet service providers or telecommunication facilities.
Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless LVLUP Health and its affiliates, directors, officers, employees, agents, licensors, suppliers, and successors from and against any and all claims, demands, losses, liabilities, damages, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
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Your violation of these Terms or any applicable law or regulation;
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Your breach of any representation, warranty, or covenant made by you in these Terms;
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Your misuse of any product purchased from LVLUP Health, including use contrary to product warnings, legal requirements, or the intended experimental purpose;
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Your User Content or infringement of intellectual property, publicity, privacy, or other rights of any person or entity;
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Your conduct in connection with the Website or Program, including negligent, fraudulent, or wrongful conduct.
Survival
This limitation of liability and indemnification section shall survive termination of these Terms and your use of the Website or LVLUP Health products.
Privacy and Data Protection
Scope of Privacy Policy
LVLUP Health is committed to protecting your personal information and respecting your privacy rights in accordance with applicable laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
This Privacy Policy governs the collection, use, disclosure, and protection of personal information collected through our Website or in connection with the purchase or use of our products and services.
Data Controller
LVLUP Health is the data controller of personal information collected through our Website. Questions about this Privacy Policy or your personal data can be directed to our support team at [email protected].
Data We Collect
We collect the following categories of personal information:
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Identifiers, such as your name, address, email address, phone number, and IP address;
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Payment and transaction information (processed securely by third-party providers);
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Order history and customer support interactions;
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Device and usage information, such as browser type, operating system, and browsing behavior on our Website;
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Marketing and communication preferences.
How We Collect Data
We collect data directly from you when you:
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Register an account or place an order;
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Communicate with us via email, phone, or chat;
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Subscribe to our newsletters or promotional communications;
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Interact with our Website through cookies and similar technologies.
Use of Personal Information
We use your personal information for the following purposes:
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To process and fulfill your orders and manage your account;
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To communicate with you regarding your orders or customer service inquiries;
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To send you promotional and marketing communications if you opt in;
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To improve our Website functionality and customer experience;
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To comply with our legal obligations and enforce our Terms.
Third-Party Service Providers
We use trusted third-party service providers to support our operations, including:
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Shopify, Inc. — for Website hosting, order processing, and payment handling;
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ShipBob, Inc. — for inventory management, warehousing, and order fulfillment;
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Google LLC — for analytics services, including Google Analytics and Google Ads;
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Meta Platforms, Inc. (Facebook) — for advertising and marketing analytics;
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Other third-party platforms for marketing automation, customer relationship management (CRM), and customer support tools.
These providers are contractually obligated to process your information only on our behalf and to implement appropriate security measures to protect your data.
Cookies and Tracking Technologies
We use cookies and similar tracking technologies to collect information about your interactions with our Website, including:
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Essential cookies — necessary for the operation of the Website;
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Performance cookies — to monitor Website performance and usage;
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Functional cookies — to remember your preferences;
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Advertising cookies — to deliver personalized advertisements through platforms like Google and Meta.
By using our Website, you consent to the use of cookies in accordance with this policy. You may adjust your cookie preferences through your browser settings.
International Transfers
Your information may be transferred to, stored, and processed in countries outside your jurisdiction, including but not limited to the United States, where data protection laws may differ from those in your country. We ensure that appropriate safeguards, such as standard contractual clauses or other mechanisms recognized by law, are in place to protect your information when transferred internationally.
Your Privacy Rights
Depending on your jurisdiction, you may have rights to:
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Request access to your personal information;
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Request correction of inaccurate information;
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Request deletion ("right to be forgotten");
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Object to or restrict processing of your data;
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Opt out of marketing communications at any time;
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Request data portability where applicable.
To exercise your rights, please contact us at [email protected]. We may require you to verify your identity before processing your request.
Data Retention
We retain your personal information only as long as necessary to fulfill the purposes outlined in this Privacy Policy, including compliance with legal, regulatory, accounting, and reporting requirements. Data no longer required will be securely deleted or anonymized.
Security Measures
We implement technical and organizational security measures designed to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time to reflect changes to our practices or for other operational, legal, or regulatory reasons. Updates will be posted on the Website with the "Last Updated" date revised accordingly. Continued use of the Website following such updates constitutes your acceptance of the changes.
Contact Information
If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, you may contact us at:
Email: [email protected]
General Terms
Governing Law
These Terms, and any Dispute arising out of or relating to them, the Website, your use of the Website, or the purchase or use of LVLUP Health’s products, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (Hong Kong SAR), without regard to its conflicts of law principles.
Jurisdiction
Subject to the arbitration and dispute resolution provisions outlined above, you and LVLUP Health agree to submit to the exclusive jurisdiction of the courts located in Hong Kong SAR for any court proceeding that may be permitted under these Terms.
Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any other legal notices published by LVLUP Health, constitute the entire agreement between you and LVLUP Health concerning your use of the Website and the purchase and use of our products, superseding any prior agreements, understandings, communications, or discussions between you and us, whether oral or written.
Modifications to the Terms
We reserve the right, in our sole discretion, to modify, update, or replace these Terms at any time by posting the updated version on the Website. We will revise the "Last Updated" date at the top of the Terms to reflect the date of the changes. It is your responsibility to review the Terms periodically for changes. Your continued use of the Website or purchase of products after any modifications to the Terms constitutes acceptance of those changes.
Electronic Communications
By using the Website, purchasing products, or communicating with us via email or through other electronic means, you consent to receive communications from us electronically, including notifications, disclosures, agreements, and other communications. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver will be effective only if it is in writing and signed by a duly authorized representative of LVLUP Health.
Assignment
You may not assign or transfer your rights or obligations under these Terms without prior written consent from LVLUP Health. We may freely assign or transfer these Terms without restriction, without notice to you, and without your consent.
Force Majeure
We will not be liable for any failure to perform or delay in performance of any obligation under these Terms caused by events beyond our reasonable control, including but not limited to acts of God, pandemics, governmental restrictions, labor strikes, internet failures, or supply chain disruptions.
Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]