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Terms and Conditions
Welcome to the Leptin Premium website (the “Site”). Leptin Premium refers to Smart Sense Group Limited, (“Smart Sense”) the company who owns and operates this website, having its registered office at:
17/F Winner Commercial Building, 401-3 Lockhart Road, Causeway Bay, Hong Kong
Leptin Premium products are sold to you by one of the following legal entities:
Smart Sense Group Ltd, registered office at 17/F Winner Commercial Building, 401-3 Lockhart Road, Causeway Bay, Hong Kong
USE OF THIS SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, provide, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (d) is not accurate or contains false statements regarding your use of the Site and/or Leptin Premium products. Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site, or on any ancillary Sites, are that of the individual expressing such Submission or opinion and may not reflect our opinions, and we do not warrant or guarantee the accuracy of any statement or posting or content. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
PRODUCTS AND INFORMATION
Your use of this Site is, at all times, entirely at Your own risk. Except in respect of any content submitted by Members, Smart Sense shall use reasonable endeavors to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. In addition, the products on our Site may not be correctly priced, labeled, or may be unavailable. When you have ordered a product that becomes unavailable, we will contact you and inform you that the product is unavailable. If you wish to proceed with purchase, you understand there may be a delay before you receive the product. We are not obligated to provide any products any products at an incorrect lower price, if the pricing error is obvious and unmistakable and could have been reasonably recognized by you as a pricing error. You acknowledge that any such information may contain errors or inaccuracies and Smart Sense expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party. Smart Sense does not make any guarantee as to the availability or suitability of products on this Site. It is your responsibility to determine the suitability of a product or service for You and Smart Sense expressly excludes all liability in relation to this. Smart Sense reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason. Please be aware that some photos of our products are for illustrative purposes and may not look the exact same as what you receive. If you found our product from another website, please know that our product may not match what you see since we have no control over third party sites.
REVIEWS & COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photographs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason. Be aware that by providing us with any photographs, images, content, or similar that your information may appear on our Site, our social media platforms, and ancillary sites. We cannot be held responsible for your disclosure of information and expressly disclaim any liability associated with such disclosure. You also agree that just by providing us with any Content, that we are not obligated to compensate you, post any Content, or respond to any Content.
All text, photographs, graphics, button icons, images, audio clips (collectively, "Content"), belongs exclusively to Smart Sense or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Smart Sense. or its affiliates. The Content, the Compilation, Leptin logo are all protected by copyright, trademark, and intellectual property laws. Leptinpremium.com, and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Smart Sense, its affiliates, suppliers, or third parties. The use of any of our trademarks without our express written consent is strictly prohibited. You may not use our trademarks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks in any manner that disparages or discredits us. You may not use any of our trademarks in meta tags without prior explicit consent. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our graphics, text, data and images, but also may infringe on a third party’s copyright.
This Site contains materials that are owned by or licensed to Smart Sense. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site. You may not create a link to this Site from another website or document without the prior written consent of Smart Sense. Unless otherwise agreed upon, Smart Sense does not claim ownership of any content or materials You make available through the Site however You grant Smart Sense a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to Smart Sense the right to use such content or materials in the manner specified in this Clause. Smart Sense may, at its discretion, remove, modify, or delete any Content submitted by You.
Your use of this Site, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. Smart Sense expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose. Smart Sense does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. Smart Sense does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third party websites. Smart Sense does not provide medical advice, and nothing on the Site should be construed as medical advice or a diagnosis. Leptin Premium Site is intended to provide information and products, and you should seek the advice of a medical professional before buying any Leptin Premium product or participating in the program. Smart Sense expressly disclaims any liability or responsibility for any damage, loss, or injury arising out of your use of the Site, any purchases or use of Leptin Premium products or information, use of any third party products in conjunction with Smart Sense, or loss resulting in the inability to use Leptin Premium Site or products.
You agree to defend, indemnify and hold harmless Smart Sense, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Leptin Premium Site and/or use of any of our products;
- any claim or complaint that your use of any products purchased on our Site or any third party Site caused harm or injury to yourself or a third party;
- your violation of any term of these Terms of Service.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SMART SENSE BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS OR ITEMS.
IN NO EVENT SHALL SMART SENSE, OUR OFFICERS, AGENTS, EMPLOYEES OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS SITE OR OTHER RELATED LEPTIN PREMIUM WEBSITES INCLUDING, BUT NOT LIMITED TO ANY TRANSACTION FOR PRODUCTS, ITEMS, OR SERVICES., AS WELL AS THE USE OF ANY LEPTIN PREMIUM PRODUCTS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SMART SENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF SMART SENSE IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN THE EVENT THAT A JURISDICTION DOES NOT ALLOW US TO FULLY LIMIT OUR LIABILITY, THE MAXIMUM LIABILITY OF SMART SENSE FOR A CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE PRODUCTS, THE ITEMS, SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED IN THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. THIS DOES NOT INCLUDE ANY WARRANTIES THAT MAY NOT BE DISCLAIMED PURSUANT TO APPLICABLE CONSUMER LAW.
STANDARD TERMS OF SALES
When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable. Unless otherwise stipulated on the Site, all charges are in USD (United States Dollar). You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Stripe, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product. When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order. Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order. We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first). A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Order Confirmation" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions. We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price. You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes. Depending on where you order from, you may be responsible for any charges that may apply to you from customs (e.g. GST, import tax) or other government agencies of your country. It is also your responsibility to ensure that you can import Leptin Premium products, and we cannot refund or replace any orders that are held by customs or other government agencies. Please do check your local requirements before ordering from our Site. Depending on your state laws, taxes may be charged for any purchases on the Site. For purchases In the event that we do not collect taxes, you agree that you are still responsible for any applicable country, state or federal taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. You agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases
You can find our Shipping and Refund policy here www.leptinpremium.com/pages/shipping-refund-policy/ It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
We will replace any damaged products if you return them within 30 days of purchase. Please contact us at: firstname.lastname@example.org to find out how to send damaged products back to our nearest warehouse and we will process the replacement after we receive them.
Please always include your order confirmation number in the subject line so we can be super speedy when replying!
Any products purchased by You from this Site will be posted by a third party carrier. All title in and risk to such products will pass to You upon delivery to the third party carrier by Smart Sense.
TERMINATION & EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Use of our Site and any of the Leptin Premium products or information provided are done so at your own risk. This Site may be accessed from countries other than Hong Kong. This Site may contain products or references to products that are not available outside of Hong Kong. Any such references do not imply that such products will be made available outside Hong Kong. If you access and use this Site outside Hong Kong you are responsible for complying with your local laws and regulations.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
We take copyright infringement very seriously, if you believe that any Content found on the Site infringes on your intellectual property rights please contact us. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at email@example.com
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Every person has a different body metabolism and therefore results may vary from customer to customer. While Leptin Premium Products have helped thousands of people to enhance digestion and reduce bloating, we won’t be held responsible for results below customer expectation.
CLASS ACTION WAIVER
You and Smart Sense agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
Except for the arbitration provision as provided below, this Agreement shall be governed by the laws in force in Hong Kong. The offer and acceptance of this contract is deemed to have occurred in Hong Kong.
You and Smart Sense agree that any dispute relating in any to the Site or information and any products purchased via the Site shall submitted to confidential binding arbitration that is non-appearance based. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to venue and jurisdiction. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located in Hong Kong. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
We may, from time to time, modify, alter, update, or remove these Terms. We may do this without notice, and we expressly reserve the right to change these Terms with any changes being effective when made. We reserve all rights permitted to us, and our non-enforcement of any provision of these Terms or law is not to be construed as a waiver of our right to enforce them. We may assign our rights and/or obligations under these Terms to any other party without prior written consent. You may not assign your rights under this Agreement.
Please send any questions or comments regarding this Site to: firstname.lastname@example.org