Posted on Leave a comment

Loyalty Rewards Terms and Conditions

The following Terms and Conditions (the ‘Terms’) apply to and govern the Love 4 Pets Emporium Ltd Loyalty Rewards Programme promoted and operated by Love 4 Pets Emporium (“Love 4 Pets Emporium”, “we”, “us”, ‘our’).

  1. These Terms together with our website Terms and Conditions, Cookie Policy and the Privacy Policy therein apply to the Love 4 Pets Emporium Loyalty Rewards Programme (the ‘Programme’), and your use of the Love 4 Pets Emporium Reward Points and govern the relationship between Love 4 Pets Emporium and you. Your membership of the Programme entitles you to use your Love 4 Pets Emporium Reward Points online at Love 4 Pets Emporiums. Registering your online account, or using Love 4 Pets Emporium Reward points will constitute acceptance of these Terms. You must therefore read them carefully.
  2. All Programme participants must be individuals aged 16 years or over. All Members must register their account with a valid email address. Change of email address must be notified to us. Members will be able to update their personal details online in their account once logged in.
  3. Members cannot add money to their rewards points; it is a promotional loyalty card. You cannot transfer your points to any other person. The Programme is only for personal, household and consumer use, points can only be earned, held, transferred or redeemed as set out in these Terms, or in the terms relating to any promotions and point offers related to the Programme, and may not be earned, held, transferred, redeemed, or otherwise traded in any other way.
  4. We reserve the right to suspend or to terminate any Member’s Programme account, if in our sole discretion we consider that the Member has breached the Terms or if the Member has supplied false or misleading information, or if we consider that the Member has acted improperly or in an abusive, defamatory, criminal, or offensive way to any other Member or to our staff.
  5. Members will accumulate points in their Love 4 Pets Emporium account when they make qualifying purchases. Points have a minimum lifetime of 12 months and a maximum lifetime of 18 months – depending on when they were earned. For example: Points collected April – September (6 months) will be valid until September 2019. Points collected October – March (6 months) will be valid until March 2020. Before the end of each period registered members will receive an email alerting them to any unused points and the deadline for redemption. Any points not redeemed before the expiry date will be erased from the account. Once Rewards have expired they may not be used to make Programme purchases.
  6. The following terms shall apply to every Member’s accumulation and use of reward points:

7.1 If a Member is given a refund or other financial adjustment on any transaction, the points awarded on the transaction will be adjusted accordingly; points can only be applied retrospectively where sufficient evidence of a purchase is provided up to a maximum of 7 days after the purchase was made and online at Love 4 Pets Emporiums sole discretion, where points are awarded retrospectively they will be considered to be valid from the point at which they are applied (rather than the date of purchase);

7.2 You can check the points balance online in your Love 4 Pets Emporium Account;

7.4 In some instances the Morleys Rewards card cannot be used in conjunction with any other discount or privilege card whether issued by us or by any third party; we may not credit your card with the points from any given transaction until up to 2 working days after the transaction; and, points have no cash value;

7.5 The Morleys Rewards card cannot be used to earn or redeem points in some of the stores non-participating concessions.

  1. The following terms shall apply to the redemption of any rewards: Members can redeem rewards in store upon reaching the qualifying level; Reward points may be used as full or part payment. Only one Morleys Rewards card can be used per transaction when redeeming rewards; Purchases made with rewards may not be re-converted back into points. Any refund of items purchased using rewards will be made by crediting the applicable amount of points back onto the Morleys Rewards card; and, points may not be redeemed for cash under any circumstances.
  2. The number of points earned from a purchase or required to qualify for a particular purchase may vary from time to time at our sole discretion.
  3. Points will not be awarded when purchasing gift cards/vouchers. Rewards cannot be used to purchase gift cards/vouchers.
  4. We may terminate any Member’s Programme account should the account be inactive for a period of twenty-four months or more, determined by the last date any points were accumulated or redeemed. Any points that were accredited to a Member’s Programme account will be lost if the Member’s Programme account is terminated or the Programme is closed. If an account is closed by a Member or us then the right to redeem points from that account is lost. A Member can terminate his or her Programme account at any time in store or by notifying us by email.
  5. Members will receive regular email updates of their points balance. We will correct an account if it is shown to our reasonable satisfaction to be wrong but, unless there are clear records showing this, our decision is final.
  6. Points are personal to an account and cannot be transferred or combined with another account to redeem a reward.
  7. Members may also receive additional rewards (“Benefits”). Benefits will be provided subject to availability. Benefits may be subject to additional terms and conditions, and, when applicable such terms and conditions will be made available to Members from time to time in correspondence, and/or in store. Morleys may amend the additional Benefits it offers Members at any time.
  8. Morleys is not responsible for the loss of a Member’s Morleys Rewards card, which must be kept securely by the Member. Members that lose their card will lose all of the points that had accumulated on their card unless they contact Morleys promptly to notify them of their loss. Points may be transferred to a new card at Morleys sole discretion.
  9. By registering for the Morleys Rewards card you are agreeing that we may update you by email (and post or SMS is contact data has been supplied) with promotional offers, competitions, news and updates. We process your data in accordance with GDPR 2018 and in accordance with our website terms and conditions which you can view here and which sets out our privacy policy and the information that we will gather on Morleys customers, how this information will be used and who it may be shared with. In addition to those terms and conditions your enrolment in the Programme constitutes your consent to our reviewing your purchase history to provide relevant offers and information based on their preferred brands and products.
  10. We regret we cannot be responsible for any unauthorised use of points. Any points not earned and held in accordance with these Terms will be invalid. Any such points will be deducted and other appropriate action may be taken by us. If Members lose their Morleys Rewards card or think that an unauthorised person has discovered their security code, password or account number, they should refer to the information on lost and stolen cards online and for advice on obtaining and registering a new card.
  11. These Terms may change and Members will be deemed to have accepted the updated Terms when they go online, or when they use their Morleys Rewards card. As such we strongly encourage you to review these Terms from time to time.
  12. We may suspend or terminate the Programme at any time at our sole discretion and for any reason. In such event Members will be notified and all accounts will be suspended or terminated. If Morleys has a change of control or is sold or if we decide to sell or transfer the Programme to another company we may transfer all of our rights and obligations under these Terms to such other company or acquirer without any further consent and you now consent that we may disclose or transfer all information we hold about all Members including you to any prospective or actual new owner. Such a disclosure or transfer will not alter the rights of Members in respect of the use that can be made of such information by such other company or acquirer until the Terms are changed by such company or acquirer in accordance with Section 19 above.
  13. The limit of our liability under these Terms will be exclusively to a Member who suffers a direct loss as a result of our breach of these Terms and in those circumstances our sole liability will be to credit to the relevant Members Programme account such points as may have been wrongly deducted or should have been credited but were not. Nothing in these Terms shall operate to limit any liability we may have for death, personal injury or fraud and these Terms shall prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
  14. These Terms and any dispute, claim or non-contractual obligations arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter.

Loyalty Reward Points

The Reward Points Program allows you to earn points for certain actions you take on the site. Points are awarded based on making purchases.

Benefits of Reward Points for Registered Customers

Once you register you will be able to earn and accrue reward points, which are then redeemable at time of purchase towards the cost of your order. Rewards are an added bonus to your shopping experience on the site and just one of the ways we thank you for being a loyal customer.

Earning Reward Points

Rewards can currently be earned for the following actions:

  • Making purchases — every time you make a purchase you earn points based on the price of products purchased and these points are added to your Reward Points balance. Please Note if an order is cancelled the reward points earned for that order will also be cancelled.
  • Sharing your purchase – after you place an order, you are given the option to share products from your purchase on Facebook or Twitter. You can earn 30 points instantly for sharing.
  • Referring friends – After you place an order (or from within your account) you are given a unique referral url that you can give to your friends via email or any other method you like. Whenever your friend visits our site via your special link and places their first order with us, you will receive 250 points to your account (£2.50).

Reward Points Exchange Rates

  • For every £1 that you spend on Buy Whole Foods Online, you will receive 4 reward points.
  • Every 100 reward points is worth £1 off a future order (each point is worth £0.01).

Redeeming Reward Points

You can redeem your reward points at checkout. If you have accumulated enough points to redeem them you will have the option of using points as one of the payment methods. The option to use reward points, as well as your balance and the monetary equivalent this balance, will be shown to you in the Payment Method area of the checkout. Redeemable reward points can be used in conjunction with other payment methods such as credit cards, gift cards and more.

To choose how many points you want to use in your order, just use the slider to specify. Or if you want to use the maximum points that you can for your order, just click the box that says “Maximize my points discount”

You can use your reward points at checkout by using the slider to assign how many points you want to use

Managing My Reward Points

You have the ability to view and manage your points through your Customer Account. From your account you will be able to view your total points (and currency equivalent) and a cumulative history of points acquired, redeemed and lost. You can also choose to send points to a friend.

To view this, first login, and then navigate to your account page from the top right menu or click here

Click the your account button from the top right menu

Then, navigate to “My Points and Rewards” in the left navigation:

My points and rewards section

Earn £2.50 (250 points) for referring a friend

When placing an order or creating an account, you will be given a special link which you can send to friends. When your friend visits our website using your special link, and then places their first order on our site, you will receive 250 points to your account (worth £2.50).

You will be given this link on the order confirmation page after placing an order.

If you want to find this link at any other time, just go to Your Account, and visit the “My Referrals” page:

Find your referral link on the My Referrals page in your account

To register a rewards new card or log onto your account, please visit rewards.icafe.uk.com. View our Privacy Policy here.

Terms and Conditions

Last updated June 2017 v1. If we make changes to these terms, we will notify you by updating the terms on our websites.

  1. iCafe Rewards Card (“iCafe Rewards Card“) is not a store card or a credit card, it is our way of saying thank you for your loyalty by rewarding you every time you visit an iCafe.
  2. All iCafe Rewards Cards belong to iCafe Limited (“iCafe“).
  3. A holder of an iCafe Rewards Card is here and after referred to as a ‘Member’.
  4. iCafe Rewards Scheme (“iCafe Rewards Scheme“) is operated by iCafe under which cardholders accumulate points when they visit any iCafe owned by iCafe Limited, any of it’s subsidiaries or our Franchise Partners (“Franchisees“) by using their iCafe Rewards Card.
  5. iCafe Rewards Cards must be presented at the counter at time of purchase and payment and is not valid in conjunction with any other promotion. iCafe Rewards Cards must be present to redeem any points.
  6. iCafe Rewards Card will receive one point for every £1 spent at any iCafe, to be redeemed at your leisure in any iCafe of your choice. For example, £20 will earn you 20 points which equates to the value of £1. Points earned are here and after referred to as “iCafe Rewards Points”.
  7. iCafe Rewards Points are automatically converted to the relevant monetary value every 10 points. For example, for every £10 spent, 50p is added to your iCafe Rewards Card.
  8. To keep track of your points balance please contact one of a member of staff in any iCafe or check online at rewards.icafe.uk.com by entering your iCafe Rewards Card number into the online points tracker.
  9. Your iCafe Rewards Card is personal to you and points may not be transferred to or from one card to another unless that card has been lost or stolen.
  10. You will not receive additional points in respect of any purchases made using iCafe Rewards Points. For example, if you have accumulated 20 points (worth £1) and you purchase something for £3.00, you will only receive additional points on the £2 if the other £1 was paid for by redeeming your iCafe Rewards Points.
  11. Only points credited to an iCafe Rewards Card may be redeemed and points may take 24 hours to be credited after a visit to an iCafe.
  12. iCafe Rewards Points are only valid upon confirmation that the Member’s iCafe Rewards Card has been activated. Any iCafe Rewards Points earned in excess of 60 days before the card is activated may be forfeited.
  13. We are not able to retrospectively add points to your iCafe Rewards Card from visits prior to the date of registration.
  14. iCafe reserves the right to refuse or revoke any membership of the iCafe Rewards Scheme. In certain instances where the Member is suspected of abusing the iCafe Rewards Scheme then Member’s iCafe Rewards Points balance will be forfeited and any unused points will be cancelled.
  15. Members will be responsible for any loss or theft of an iCafe Rewards Card and should notify iCafe by email rewards@icafe.uk.com, by telephone 0141 339 3333 or by post iCafe Head Office, 21 Marine Crescent, The Toll Gate, Glasgow, G51 1HD, as soon as they become aware of a lost or stolen card.
  16. iCafe shall not be liable for any unauthorised use of any iCafe Rewards Card.
  17. Members shall notify iCafe of any change of address or other personal details. iCafe will not be responsible for any loss of an iCafe Rewards Card or iCafe Rewards Points resulting from any failure of a Member to notify iCafe of such change(s).
  18. The promoter of iCafe Rewards Scheme and owner of each iCafe Rewards Card is – iCafe Limited, iCafe Head Office, 21 Marine Crescent, The Toll Gate, Glasgow, G51 1HD. Contact us Monday- Saturday 8am-6pm on 0141 339 3333. Answering Machine: 24 hours, 7 days a week.
  19. It is against our terms and conditions for a member to redeem points from an iCafe Rewards Card other than one registered in their own name. Failure to adhere to this condition could result in your card being terminated.
  20. iCafe has the right to withdraw, cancel or change the terms of iCafe Rewards Scheme at any time.

Origins Natural Resources Inc. Loyalty Program: Terms and Conditions of Participation

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN ORIGINS NATURAL RESOURCES INC. MY ORIGINS REWARDS LOYALTY PROGRAM CAREFULLY.  BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.

1. Membership Eligibility and Overview

1.1. 1.1. The My Origins Rewards Loyalty Program (“Program”) is offered at the sole discretion of Origins Natural Resources Inc. (“Origins,”“we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid email address are eligible to become members. Employees of Origins are eligible to participate in the Program. Individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.

1.2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services.  By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference.  If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program.  The Program is void where prohibited by law.

1.3. The Program is only available in Origins owned and operated freestanding retail stores in the United States (excluding Massachusetts) (each, an “Origins Retail Store” and collectively, “Origins Retail Stores”) and on origins.com (the “Site”) within the United States.

2. Program Enrollment

2.1. Eligible individuals may enroll in the Program through one of the following options: 
   2.1.1 Visit Site and follow the Program prompts to register for the Program.
   2.1.2. Visit an Origins Retail Store and tell a store associate you would like to register for the Program.

2.2. You are required to provide your first name, last name and email address in order to enroll. If you enroll in-store, you will also have to provide a zip code. If you enroll at the Site, you will also have to create a password in order to enroll. If you enroll in-store, you will need to create an account at the Site, using the same email address you provided at sign-up, in order to access certain Program benefits and rewards. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site or by informing a store associate.

2.3. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

3. How the Program Works and Program Benefits

3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and engaging with our brand. You are able to earn points and unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. Purchases at Origins Retail Stores and the Site qualify for the Program. For your purchase to qualify for the Program, you must be enrolled in the Program and (a) be signed into your online account at the time of purchase on the Site; or (b) provide your Program member identification (that is, the email address you registered under the Program) when making your purchase at an Origins Retail Store. If you are not a Program member, your qualifying purchase made at an Origins Retail Store may still earn you Program points, if (1) you provided an email address at the time of purchase; and (2) you enroll at the Site using that email address by 11:59pm Eastern Time on the same day of purchase. Once you reach and unlock a certain loyalty tier or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching Program tiers.

3.2. Purchases made in Origins Retail Stores and on the Site are eligible for the Program. Purchases made in department stores, specialty stores, Origins retail stores in Massachusetts, affiliates not solely owned and operated by Origins, or in Origins retail stores outside of the United States are not eligible for the Program.

3.3. Your accumulated points are valid in your Program account so long as you make a purchase at the Site or in an Origins Retail Store, using your member identification, within twelve (12) months. If you do not make a purchase within twelve (12) months from the date of your last purchase, your available points will expire.

3.4. Neither accounts nor Program rewards, benefits and points may be shared or combined. Only the member paying for the products may accumulate rewards, benefits and points. Members will not receive rewards, benefits and points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.

3.5. Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms, as determined by us in our sole discretion.The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.

3.6. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us.  We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

3.7. To be eligible for points, purchase must be made on qualifying Origins products. Qualifying purchases include merchandise, and exclude gift cards, sales tax, state fees, shipping charges, delivery charges or other excluded charges specified by us from time-to-time. Although members do not earn points on gift card purchases, members do earn points when redeeming a gift card for a qualifying Origins purchase, provided that you identify yourself as a loyalty member at the time of purchase.

3.8. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity.

3.9. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed.

3.10. We reserve the right to change Program benefits, how you reach each Program tier, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.

3.11. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Origins Customer Service at OriginsOnlineService@origins.com. Your email must specify your name, address, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than thirty (30) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.

3.12. Rewards can only be redeemed with a purchase on the Site, and certain tier benefits can only be accessed in Origins Retail Stores.

4. Marketing Communications

4.1. By enrolling in the Program, you will be automatically subscribed to receive Program related emails, including Program marketing emails, and you consent to their receipt. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.

4.2. You may opt-out of receiving Program marketing emails at any time by following the instructions provided in the email or as otherwise provided in the Origins Privacy Policy, but operational emails will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account.  If you terminate your Program membership, you will no longer receive Program-related communications.

5. Termination and Modification

5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. 

5.2. We reserve the right, at any time, in our sole discretion, to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Program Terms, no purchase activity for 12 months or more, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, and/or benefits, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate in our sole discretion. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.

5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the Site or by calling 1-800-ORIGINS. If you cancel your membership, your tier status and any points, rewards or benefits in your account will automatically expire.

6. Disclaimer of Warranties; Limitation of Liability

6.1. NEITHER ORIGINS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

6.2. YOU AGREE THAT NEITHER ORIGINS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

6.3. FURTHER, NEITHER ORIGINS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

7. Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.

8. Governing Law and Disputes

8.1. This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict-of-laws considerations.

8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF.  ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.  It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision.  Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

8.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9. Privacy

The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership will be used and disclosed by us in accordance with the Origins Privacy Policy.

10. Contact Us

For information about the Program and your membership, contact 1.800.ORIGINS from within the U.S.A. or via email at OriginsOnlineService@origins.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.

Leave a Reply