Terms and Conditions regarding your use of this site (https://dentistfirst.co.in/)

ABOUT DENTIST FIRST SITE:

This site i.e. https://dentistfirst.co.in/ (‘website’ or ‘site’)  is owned launched, managed and operated by Colgate-Palmolive (India) Limited (‘we’ or ‘us’ or ‘our’ or ‘Colgate’ or ‘Colgate-Palmolive’). This website is made accessible for dentists registered in India subject to the acceptance of the terms & conditions herein and provides an opportunity for the practicing dentists  to purchase the Colgate Products on a b2b basis as per the terms and conditions listed herein and on the site for specific purchase.  This is a b2b site for the dentists only and not a direct to consumer website for the end consumers or any other entity or person not being a dentist.

1. This site can be accessed by following the site sign-in process, only by registered active dentists having valid registration IDs. All the information collected at the time of sign-in on the site is collected, used, stored and processed as per Colgate’s Privacy Policy available at our website https://www.colgatepalmolive.co.in/ or by clicking on the link here.
2. By accessing this site https://dentistfirst.co.in/ you acknowledge, accept and agree to all of our terms, conditions and privacy policies mentioned above, and otherwise contained on or referenced in this site (the "Agreement"). If you do not agree to this Agreement, you are not authorized to access this site. You also acknowledge and agree that we may modify this Agreement at any time, in our sole discretion; that all modifications to this Agreement will be effective immediately upon our posting of the modifications on this site; and that you will review this Agreement each time you access this site, so that you are aware of and agree to any and all modifications made to this Agreement. You also acknowledge and agree that, unless we specifically provide otherwise, this Agreement applies to this site and our online and offline activities, if any, pertaining to this WEBSITE. 

1. You acknowledge and agree that all materials, including, without limitation, content, data, software, information, products and services, contained on or provided through this site ("Materials"), are protected by copyright, trademark, service mark, patent, trade secret, or other proprietary rights or laws; that except as specifically permitted by this Agreement, any use of Materials is strictly prohibited; that except if we and/or the applicable rights holder(s) give you prior written permission, you will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any Materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories); and that except if we give you prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools, or other devices or mechanisms to navigate or search the site is strictly prohibited. Notwithstanding the foregoing, you may download or print single copies of Materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
2. Personal details of any kind provided to us through this website will only be used by us to send you emails & sms or other text communication methods pertaining to Oral Care, Scientific, Promotional information, updates of activities pertaining to this site and for sending across any product samples, literature, prizes of contests etc. The personal details may also be used to act upon any other requests that you may have raised as per the specific instructions and /or information that may be made available on the site, including but not limited to, sharing dentists’ Colgate product order details received from the site with our authorized stockists, delivery partners, courier agencies etc for offline delivery. At any time if you wish to stop receiving such communication, you may write to us at help@colgatedentistfirst.com. XXXXX or call on the helpline number XXX.
3. You acknowledge and agree that by submitting any kind of personal and scientific information or materials to us by you through this site, you grant us a non-exclusive, royalty free, perpetual, worldwide license to use such Content in any of our communication in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
4. We do not control the information posted or have any obligation to monitor or accept any responsibility or liability for any information posted by any user on this website . We reserve the right to edit or remove any such information from this website without notice at any time at our complete discretion.
5. You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may block or terminate your or any other party's access to all or part of the site or any Materials, or change or discontinue any aspect or feature of the site or any Materials (including, without limitation, discontinuing the site in its entirety); and that, without limitation of any other provisions of this Agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the site, Materials and this Agreement. You also acknowledge and agree that, unless we specifically provide otherwise, any links on this site to other sites do not imply our endorsement of such sites or that we have any association whatsoever with the operators of such sites; that such sites are not under our control; and that we are not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on or provided through such sites, or the appropriateness, decency, legality, copyright compliance, accuracy or any other aspect of such sites.
6. You acknowledge and agree that this site and all "materials" are intended for general informational purposes only; that neither this site nor any "materials" are intended to constitute, and do not constitute, the practice or furnishing of medical or professional health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services; and that all materials posted on this site will not replace or substitute  a qualified dentist or healthcare provider’s  medical advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services. You also acknowledge and agree that any medical or health care provider or other directories or locators (including, without limitation, their contents and results) contained on or provided through this site are intended for general informational purposes only, and do not imply our endorsement of, or that we have any association whatsoever with, such providers.
7. You acknowledge and agree that use of this site and "materials" are at your own risk, and are provided on "as is" and "as available "basis; that we do not make any express or implied warranties, representations or endorsements of any kind with regard to this site or any "materials" (including, without limitation, warranties of title, no infringement, merchantability or fitness for a particular purpose); and that we do not warrant or represent that this site or any "materials" will be accurate, reliable, correct, useful, timely, uninterrupted, secure, defect-free or error-free (including, without limitation, free from viruses, worms, trojans, other malicious code or other harmful components) in jurisdictions not allowing the exclusion or limitation of certain warranties, our and our holding company subsidiaries, affiliates, licensors and suppliers liability will be limited to the extent permitted by law.
8. You acknowledge and agree that in no event will we and/or our holding company subsidiaries, affiliates, licensors and/or suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages relating to the use, misuse or inability to use this site or any "materials" (whether based on contract, tort, negligence, strict liability or otherwise, and even if we and/or our subsidiaries, affiliates, licensors and/or suppliers has or have been advised of a possibility of damages); and that if you are dissatisfied with, or claim any damages relating to, any portion of this site, any "materials" or this agreement, your sole and exclusive remedy is to discontinue using this site and all "materials" in jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, our and our holding company subsidiaries, affiliates, licensors and suppliers liability will be limited to the extent permitted by law.
9. You acknowledge and agree that you will indemnify and hold harmless us and our subsidiaries, successors, assigns, affiliates, licensors and suppliers, together with all of their respective officers, directors, employees and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys' fees and costs) relating to your use, misuse or inability to use this site or any Materials, or to your violation of this Agreement, any laws, rules or regulations, or any rights of any third parties; that we reserve the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with us in any such defenses.
10. You acknowledge and agree that if you are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing this site or any Material inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids this Agreement in whole or in part, then you are not authorized to access this site or any Material. 
11. You also acknowledge and agree that this Agreement will be governed by and construed in accordance with the laws of India, excluding conflicts of law provisions; that the exclusive jurisdiction for any claim or action relating to your use, misuse or inability to use this site or any Materials, or to this Agreement, will be in the courts located in Mumbai; that you will irrevocably submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such claim or action; and that you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. 
12. You acknowledge and agree that if any provision of this Agreement is held by any court or other tribunal of competent jurisdiction to be not enforceable, then such provision will be eliminated or limited to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect; that this Agreement constitutes the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and us, whether oral or written, relating to any subject matter of this Agreement; that this Agreement may not be modified, in whole or in part, except by us and as otherwise might be specifically described elsewhere in this Agreement; and that anything contained on or provided through this site that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.

1. This website may contain various materials, modules, product information, other facilities that may be made available to you, in which case, the terms pertaining to such use would be governed by the specific instructions that may be made available in addition to the Agreement. In case the specific terms are not available then the standard industry practice along with this Agreement shall be applicable.
2. PURCHASE OF ANY PRODUCT OR SERVICE OF COLGATE IS NOT A CONDITION PRECEDENT TO SIGN-IN AND SUBSEQUENT USE. 

1. All the trademarks, copyright, and all other intellectual property rights contained in the Website that are belonging to Colgate, Colgate names, images, logos, designs, drawings, contents, data etc, whether owned or licensed to Colgate, are all the legal and proprietary property rights of Colgate and in no manner you shall claim or infringe or misuse the same in any manner whatsoever.
2. The access to the website is provided to you on a non-exclusive limited purpose license basis and Colgate reserves its right to terminate / cancel access at any time as per its discretion.
3. Unless otherwise stated under this Agreement, all intellectual property rights including the trademarks, brand name and its design, texts, audios, pictures, graphical images, videos, logos, information introduced through the website, made available or pushed through or used under the website, whether created with Colgate employees and /or its agencies, shall be the sole property and ownership of Colgate. User agrees to not use or misuse any intellectual or proprietary information of Colgate; or remove, conceal or obliterate any information pertaining to the intellectual property of Colgate. 
4. Any infringement / passing off shall be considered as a serious violation and shall be liable for strict action to the fullest extent permitted by law.
5. Any third party intellectual property rights used under a license or consent on the website shall remain the property of such third party to that extent.

1. The personal details collected and stored on the website are confidential and are used, processed and re-stored in accordance with Colgate’s Privacy Policy accessible at https://www.colgatepalmolive.co.in/ or accessed by clicking on the link here.
2. By submitting the personal details, You also agree to receive Colgate’s promotional offers, special offers, newsletters, Colgate’s product launches information, Colgate feedback & surveys, advertising messages / communication or Colgate’s product samples information through email or by calls / text messages or by courier.
3. Colgate does not and will not sell or share any personally identifiable information (such as mobile phone number, name, address etc.) with other third-party companies for their commercial or marketing use. Colgate may share your personal details with authorized agencies / third party service providers or Authorized distributors to the extent that it is reasonably necessary for the website functions and features and its improvement or maintenance of the website. 
4. Colgate may collect and release personal details and/or non-personally- identifiable information if required to do so by law, or in the good faith belief that such action is necessary to comply with State and Central laws, International law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened.
5. If User does not agree with this Agreement and Privacy Policy, please do not Login to the website and in case already subscribed, then send us a request to unsubscribe or opt out by following the aforesaid opt out mechanism to discontinue from the website. Your continued usage of the website by login will signify your assent to and acceptance to the Agreement hereof.
6. For any queries or questions contact on the help@colgatedentistfirst.com 

USER AGREES THAT USE OF THE WEBSITE SHALL BE AT HIS / HER SOLE RISK AND JUDGMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, COLGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND USER’s USE THEREOF. COLGATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENTS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’s ACCESS TO AND USE OF THE WEBSITE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE., AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE. COLGATE DISCLAIMS AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR SCHEME ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE FEATURED IN ANY USER SENT TEXT OR OTHER ADVERTISING, USER SHOULD USE HIS/ HER OWN BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE IN USING THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. USER SPECIFICALLY ACKNOWLEDGES THAT COLGATE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

LIMITATION OF LIABILITY

In no event shall Colgate/ holding company(ies), its officers, directors, employees and agents, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Colgate has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the WEBSITE.

1. Relationship between the Parties : This Agreement does not create any employee-employer, agent-principal, partnership, joint venture, contractor, etc. between Colgate and You. You are accessing this website as an individual user without any direct or indirect association with Colgate.
2. Termination from the website: Colgate reserves its right to terminate your account access to the website, restrict, suspend certain features; delete, move, or remove any content that is made available in or through the website by Colgate; make rules/ guidelines for the safekeeping and usage of the website at any time with or without any prior notice. User may stop the use of the account from the website by not signing in if he does not agree with any of the terms hereof and can unsubscribe for any further communication as mentioned above.
3. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
4. No waiver of any conditions of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Colgate’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
5. Colgate reserves the right to amend or modify this Agreement at any time, and it is your responsibility to review this Agreement for any changes. If you do not agree to the revised terms, your only recourse is to discontinue the use of the website. Your continued use of the website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
6. Users shall comply with the terms and conditions of this Agreement, any additional guidelines/ Rules posted at the time of use of the website and the Colgate privacy Policy, all of which shall constitute the Agreement herein.  

PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS

We respect the intellectual property of others, and we ask you and all of our site users, affiliates, licensors and suppliers to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing us with all of the following information:

• The electronic or physical signature of the copyright owner, or the person or entity authorized to act on behalf of the copyright owner.
• A specific description of the copyrighted work claimed to be infringed.
• A specific description of the claimed infringing activity (including the specific Web page address on this site).
• A specific description where the original or an authorized copy of the copyrighted work exists (including, for example, a specific Web page address not on this site).
• Your name, address, telephone number and E-mail address.
• A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, the person or entity authorized to act on behalf of the copyright owner, or the law.
• A written statement by you, made under penalty of perjury, that all of the above information is accurate, and that you are the copyright owner or the person or entity authorized to act on behalf of the copyright owner.
• Notices of claims of copyright infringement on this site may be reached as follows:

Consumer Affairs Officer

Colgate-Palmolive (India) Limited

Hiranandani Gardens, Powai

Mumbai 400076, Tel: 1800-225599

Email: consumeraffairs_india@colpal.com

Kindly note that Colgate shall not be liable for any copyright infringement action on the site as the site will contain third party materials being posted by users over which Colgate does not have any content monitoring or reviewing or supervising mechanism.

This Agreement is deemed as duly read, accepted and consented by the User by submitting the Personal Details and creating a login under the website and is legally binding and enforceable.

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