• Introduction

• Content

• License & Access

• Unlawful or Prohibited Uses

Introduction

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

Content

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is owned or licensed property of NE Origins or its suppliers or licensors, including NE Origins Plus Partners (as defined herein), and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of NE Origins and protected by India copyright laws. NE Origins and its suppliers and licensors, including NE Origins Plus Partners, expressly reserve all intellectual property rights in all Content.

License and Access

NE Origins grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. You may download, print and copy Content for personal, non-commercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to NE Origins that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;

Download, copy or transmit any Content for the benefit of any other merchant;

Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by NE Origins or generally publicly available browsers;

Frame, mirror or use framing techniques on any part of the Site without NE Origins’ express prior written consent;

Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;

Use any meta tags or any other hidden text utilizing NE Origins’ name or marks;

Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

Use a buying agent to conduct transactions on the Site;

Conduct fraudulent activities on the Site;

Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behaviour of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the NE Origins Site) or to the Site (impersonating another user);

Send unsolicited or unauthorized email on behalf of NE Origins or any NE Origins Plus Partner, including promotions and/or advertising of products or services;

Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;

Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

Harvest or collect personally identifiable information about other users of the Site;

Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);

Use the Site to advertise or offer to sell or buy any goods or services without NE Origins’ express prior written consent;

Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;

Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or

Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Your Account

• Your Account

• Modification & Termination

• User Reviews, Comments & Submissions

Your Account

You may be required to register with NE Origins in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to NE Origins including those set forth in these Terms & Conditions, NE Origins reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification & Termination

NE Origins may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. NE Origins reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. NE Origins reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

User Reviews, Comments & Submissions

NE Origins welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow NE Origins to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, “User Content”) as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and NE Origins assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to NE Origins a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to NE Origins the right to include the name provided along with the User Content submitted by you; provided, however, NE Origins shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as NE Origins the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. NE Origins neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of NE Origins.

NE Origins Services/Programs

• Order Pickup and Drive Up

• Subscriptions

• Boxed Subscriptions

• NE Origins Wallet

Order Pickup and Drive Up

Some products offered on the Site are available for pickup in stores at the Guest Service counter or through our drive up service, including items shipped to a store of your choice for pickup in store. Not all items are available for this service nor is the pickup in store service or the drive up service available in all stores. Once your order is ready for pickup, you will be notified and charged for such item(s). We will notify you in the event that an item is unavailable at that store. If someone else will be picking up your order, you must designate him/her as an alternate pickup person when ordering. When picking up your drive up order, you will need your mobile phone to present the barcode associated with your order and sign for your order. When picking up your in-store order pickup, you or your alternate pickup person can use the pickup barcode associated with your order, or a valid government issued ID.

For all orders that do not contain any fresh grocery items, NE Origins will hold your items for three days starting from the time that NE Origins sends you the notice that your items are ready for pickup (“Original Time Window”). If your order has not been picked up within that time frame, you may elect to extend it for three additional days. This extension must occur before your Original Time Window expires. After three days (or six days if you chose to extend the Original Time Window), if you don’t pick up your order, your order will be canceled and you will be issued a refund for the items for which you were charged. In no event will orders be held for more than six days.

For orders that contain any fresh grocery items, your order will be held until store close of the next business day. If you don’t pick up your order, your order will be cancelled and you will be issued a refund for the items for which you were charged. Orders that contain fresh grocery items cannot be extended. Orders that contain both fresh grocery items and non-grocery items will be subject to this pickup window.

NE Origins reserves the right to limit the quantity of items ordered for pickup as well as the days of the year and daily hours that this service is offered.

NE Origins Subscriptions

By subscribing to NE Origins Subscriptions, you accept all of these terms, conditions, limitations and requirements.

Your subscription with NE Origins Subscriptions is personal to you, and you may not assign or transfer your subscription, or any of its benefits, to any third party without NE Origins’ authorization.

If any problems arise with your subscription account, the shipping address or payment method connected with your subscription that NE Origins is unable to resolve, we will notify you through the email address associated with your subscription and your subscription order may be cancelled. No additional subscription orders will be shipped until the problem has been resolved. Even if a particular subscription order is cancelled, your enrolment in NE Origins Subscriptions will remain in effect, and NE Origins will attempt to process the next subscription order based on the delivery frequency you have chosen.

Any returns related to NE Origins Subscriptions are subject to NE Origins’ Return Policy.

Only valid credit cards or a NE Origins Debit Card can be used to enroll NE Origins Subscriptions and to make subscription service purchases. You cannot use a debit card, other than the NE Origins Debit Card, to pay for NE Origins Subscription services. NE Origins Gift Cards may be used as payment for the initial order however, a valid credit card or NE Origins Debit Card will still be required at the time of the order, and will be used for payment on the subsequent subscription orders.

The cost of each subscription order may vary. After your first order, the total cost for each subscription order will be the cost of the item on the day we send you an email notice confirming your subscription order plus sales tax, if any. Applicable discounts or promotions in effect at the time we confirm the price of your subscription order will be applied to your order.

After your first order, we will send you an email notice at least ten (10) days prior to processing each subscription order to confirm the cost and the shipping date of the subscription order. Your initial order will be processed when you set up the subscription. You can also view the amount of each subscription order by visiting Orders on your Neorigins.com account and viewing the order details.

The amount of each subscription order will be billed to the credit card or NE Origins Debit Card you authorize for NE Origins Subscriptions purchases, and your card will be billed on the day your subscription order is shipped. If we are unable to complete an order with the credit card or NE Origins Debit Card that you used to create your subscription, we will attempt to update the subscription with another credit card in your Neorigins.com account and charge that credit card for your subscription order. If we successfully update your subscription with a different credit card, that credit card will be used for future subscription orders unless you change the payment method. If we are unable to complete a subscription order with an updated credit card, the order will be canceled or changed.

If you want to change or cancel your subscription, you can do so at any time by logging into your My Account on Neorigins.com, selecting Subscriptions and then selecting the subscription you want to change or cancel. Your subscription will remain in effect until it is canceled. To prevent additional shipments of a subscription order or to change a subscription, you must cancel or change your subscription before the next subscription order is shipped.

You must have a Neorigins.com account to enroll in and manage your NE Origins Subscriptions. If you cancel your neorigins.com account, your NE Origins Subscriptions will also be canceled.

If your subscription is canceled and then you re-enroll in NE Origins Subscriptions, any discount applied to the original subscription may be different than any discounts or promotions available at the time you re-enroll in the subscription service.

NE Origins reserves the right, without notice and in its sole discretion, to terminate your subscription (i) if you violate any of these Terms of Service, (ii) for any reason, or (iii) for no reason. Upon any such termination, your subscription benefits will immediately cease and you will only be charged for orders that have been shipped to you. NE Origins reserves the right to change any benefits offered through its subscription service, including discounts and other promotional offers, at any time in NE Origins’ sole discretion. All changes will apply to future orders, regardless of whether you are currently a subscriber.

NE Origins Boxed Subscriptions

NE Origins may also offer subscription boxes (“Subscription Boxes”) which are NE Origins Subscriptions that have a fixed cost and are shipped on a recurring basis at a frequency set by NE Origins (e.g. monthly). While the price of each Subscription Box order will generally be the same, applicable discounts or promotions in effect at the time we confirm the price of your subscription order will be applied to your order. The applicable discounts or promotions may cause the price to vary from order to order. The terms of the Subscription Boxes will remain consistent for all of your orders, including your first order, so any reference to your initial or first order in the above NE Origins Subscriptions will not apply. You can review details of your Subscription Boxes in My Account or the product page for items purchased through your Subscription Box. Unless specifically noted in this section, the terms of NE Origins Subscriptions set forth above shall apply to Subscription Boxes.

NE Origins Wallet

To access the NE Origins Wallet (“Wallet”), you must have the NE Origins Application (“NE Origins App”) on your mobile phone, a neorigins.com account, and you will need to use a security feature on your mobile phone, such as Touch ID or passcode, or log in to your neorigins.com account.

The Wallet allows you to pay for goods and services in NE Origins stores with a NE Origins Mastercard, NE Origins Credit Card, NE Origins Debit Card or a NE Origins Gift Card. Merchandise Return Cards cannot be added to the Wallet.

The Wallet cannot be used to make purchases on neorigins.com, at merchants outside of NE Origins or at certain independent businesses within NE Origins stores, such as Optical eye exams and certain restaurants.

NE Origins discounts, such as digital coupons, are also available in the Wallet.

If your Gift Card is deactivated, suspended, closed or otherwise not valid, you will not be able to use that card for payment using the Wallet. NE Origins reserves the right to suspend or terminate your access to or use of the Wallet at any time, without notice and in its sole discretion.

NE Origins does not charge you to use the Wallet, but message and data rates may apply from your mobile phone service provider, and you are responsible for those fees and charges.

If you use the Wallet, you are responsible for maintaining the confidentiality of the Wallet, and you agree to accept responsibility for all activities that occur in the Wallet. The terms and conditions of your credit card or debit card agreements govern the use of your payment method in the Wallet.

NE Origins may restrict, or otherwise limit, the products purchased through the Wallet. In addition, some products or services may not be eligible for purchase using the Wallet, or may require additional verification prior to completion of purchase through the Wallet. Any restrictions or limitations on such products are solely at NE Origins’ discretion.

The Wallet in the NE Origins App is subject to these Terms and Conditions and the NE Origins privacy policy.

You acknowledge and agree that these items are being sold to you directly by NE Origins Plus Partners, not by NE Origins, and that the NE Origins Plus Partner, not NE Origins, will be responsible for the fulfillment and shipping of such items. A NE Origins Plus Partner page is available for each NE Origins Plus Partner, and contains information regarding the company and its policies, including its return and privacy policies. Items sold by NE Origins Plus Partners can be returned to NE Origins, subject to the NE Origins Plus Partner’s Return Policy. NE Origins is not responsible, nor does it provide any warranties or guarantees, for the products or services that are, or may be, provided by NE Origins Plus Partners.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT NE ORIGINS WILL NOT BE LIABLE FOR ANY ACTIONS OF A NE ORIGINS’ PARTNER OR ANY PRODUCTS OR SERVICES SOLD BY SUCH NE ORIGINS PLUS PARTNER.

Items sold by NE Origins’ Partners are not eligible for price match.

Transactions

• User Transactions

• Limitations on Quantity

• Colors

• Availability, Errors & Inaccuracies

• Healthcare Information

• Rules of Promotions

• Returns

• Gift Cards & Certificates

• Text Messages

User Transactions

If you wish to purchase any product or service made available through the Site including items sold by NE Origins and items sold by a NE Origins’ Partner (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to NE Origins the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. NE Origins reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

NE Origins or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Limitations on Quantity

NE Origins does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. NE Origins reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Colors

NE Origins strives to display as accurately as possible the colors of the products shown on the Site; however, NE Origins cannot and does not guarantee that your monitor’s display of any color will be accurate.

Availability, Errors & Inaccuracies

If an item is out of stock, NE Origins or a NE Origins Plus Partner, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if NE Origins, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.

NE Origins’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. NE Origins makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items sold by NE Origins’ Partners. NE Origins, or NE Origins’ Partners, reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. NE Origins’ Partners may have different shipping procedures and processes in place for item availability and price adjustments.

Healthcare Information

THE INFORMATION CONTAINED IN THE HEALTH CARE PAGES OF THE SITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. THE INFORMATION CONTAINED ON THE SITE CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN INDIA BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN INDIA, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND SUPPLEMENT INDUSTRY, YOU NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.

Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

Returns

If you are not fully satisfied with your purchase of items sold by NE Origins, you may return it in accordance with NE Origins’ Return Policy. If you are not satisfied with your purchase of items sold by a NE Origins Plus Partner, you may return it to a NE Origins Store or by mail in accordance with the NE Origins Plus Partner’s Return Policy. The Return Policy and each NE Origins Plus Partner’s Return Policy is incorporated into these Terms & Conditions in its entirety.

Gift Cards & Certificates

All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Minnesota. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

Text Messages

Your carrier’s standard message rates will apply to your entry or submission message, NE Origins’ confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider.

NE Origins will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to NE Origins as part of this service. NE Origins may use this information to contact you and provide services you request from NE Origins. NE Origins may also use this information as described in the subscription list you’ve enrolled in. NE Origins may use an automatic dialling system to deliver text messages to you.

Miscellaneous

• Mobile Application Users

• Links to Third-Parties’ Websites

• Filtering

• Risk of Loss

• Export Policy

• Financial Disclosure

• DMCA Notice – Notice & Procedure for Making Claims of Copyright Infringement

• Disclaimers of Warranties

• Jurisdictional Issues

• Limitation of Liability

• Indemnification & Defense

• Notices & Electronic Communications

• Miscellaneous

• Contact Us

Mobile Service, Internet and Service Fees

The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from NE Origins, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.

The Application may not work with all devices or all mobile carriers. NE Origins makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Links to Third-Parties’ Websites

The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. NE Origins is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, NE Origins strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by NE Origins of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Filtering

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Risk of Loss

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

Export Policy

You agree that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of India and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

Financial Disclosure

Forward-Looking Statements

The Site, and any documents issued by us and available through the Site, may contain forward-looking statements, which are based on our current assumptions and expectations. These statements are typically accompanied by the words “expect,” “may,” “could,” “believe,” “would,” “might,” “anticipates,” or words of similar import. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. Although we believe there is a reasonable basis for the forward-looking statements, our actual results could be materially different.

Third-Party Financial Information

We provide links and access to third-party web sites or services that contain information that is provided as a service to those interested in the information. NE Origins neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, NE Origins does not endorse or adopt these web sites or any information contained therein. NE Origins makes no representations or warranties whatsoever regarding their accuracy or completeness.

DMCA Notice – Notice & Procedure for Making Claims of Copyright Infringement

NE Origins’ policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide NE Origins’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying NE Origins that your copyrighted material has been infringed. NE Origins does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, NE Origins will respond by either taking down the allegedly infringing content or blocking access to it. NE Origins may contact the notice provider to request additional information. Under the DMCA, NE Origins is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send NE Origins a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);

Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;

Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);

If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;

Be signed; and

Be sent to our DMCA designated agent at the following address:

DMCA Designated Agent

NE Origins

Gangtok, Sikkim

email: support@neorigins.com

Disclaimers of Warranties

NE Origins cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY NE ORIGINS ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NE ORIGINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM NE ORIGINS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, NE ORIGINS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

NE ORIGINS DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.

Jurisdictional Issues

The Site is controlled and operated by NE Origins from Sikkim, and is not intended to subject NE Origins to the laws or jurisdiction of any state, country or territory other than that of India. NE Origins does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than Sikkim. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NE ORIGINS OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF NE ORIGINS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF SIKKIM. WITH RESPECT TO RESIDENTS OF SIKKIM, NE ORIGINS OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF NE ORIGINS’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND NE ORIGINS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NE ORIGINS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Indemnification & Defense

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless NE Origins and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

Notices & Electronic Communications

Except as explicitly stated otherwise, any notices you send to NE Origins shall be sent by mail to neorigins.com In the case of notices NE Origins sends to you, you consent to receive notices and other communications by NE Origins posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that NE Origins provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and NE Origins with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contact Us

If you have any concerns about NE Origins or your use of the Site, please contact us with a detailed description, and we will try to resolve it.