Colgate Smiles Club Terms of Use (T&Cs)

1. Overview

The Colgate Smiles Club is owned and operated by Colgate-Palmolive (India) Limited (“Colgate” / “we”/ “us”/ “our”/ “Company”).

Colgate Smiles Club is an exclusive program for any and every Colgate consumer to achieve the best of oral health. It offers various benefits to the club subscribers – discounts and offers, free dental check-ups and oral health tips from experts, to name a few. The program will be periodically updated with newer benefits and features which would help an individual strengthen their smile from within.

2. How does it operate?

- Under the Colgate Smiles Club Program (the “Program”), the user i.e. You will be directed to our Program website address colgate.com/en-in/campaign/smiles-club through either scanning our QR code communicated on our product packs or the digital advertisements hosted by the Company or other similar nature of communication by way of our contests or offers etc. as may be hosted from time to time.

- Under the Program we are committed to serve You with certain rewards (the “Rewards”) as hosted by us under the Program from time to time.

- You will be required to create your login by providing your basic personal details i.e. First name, Last Name, Email Id and Mobile number (the “Personal Details”)

- Upon filling up the Personal Details and before submitting the same, you are required to thoroughly read, understand and agree to consent our T&Cs and Privacy Policy (link provided at login page and in Privacy section hereinbelow) and the upfront purpose notified while taking the consent about our use of your Personal Details as also more clearly described herein.

-  Once the login is created, You are ready to enjoy and unlock the Rewards featuring from time to time under the Program which illustratively includes such as Free Virtual Dental Check-up on our website / App - Dentists for Me or certain product offers and discounts or free health tips etc. as the case may be.

-   The individual Rewards are subject to complying with the terms and conditions of such respective Rewards as may be active and made available by Colgate under the Program.

-  The Program is accessible either by web based browser and / or mobile based application and requires internet connection and charges for internet usage may apply as per Your service provider plans.

- Kindly note that the Rewards are valid for limited time only and may be subject to change as per the discretion of Colgate and no specific demands in the form of Rewards will be entertained in any manner whatsoever.

- The login to the Program is absolutely free without any charges, subject to agreeing and consenting to the T&Cs and our Privacy Policy.

- PURCHASE OF ANY PRODUCT OR SERVICE OF COLGATE IS NOT A CONDITION PRECEDENT TO LOGIN TO THE PROGRAM AND SUBSEQUENT AVAILING OF THE REWARDS.

- The Program does not solicit or request for any card or payment details or methods or modes or financial information in any manner. In case of any communication received in this regard pertaining to the Program, then it may be an act of external unknown and unassociated fraudulent persons or a possible cyber attack etc., which kindly make a note of. Colgate is not responsible for such actions of the users or any such event or losses that may occur to any user.

- Under the Program or our said website or app, we do not sell any products or services and do not redeem any offers or discounts communicated under the Rewards. For availing offers and discounts under the Rewards, you would be required to select and click on the specifics under a Reward and You will be then directed to third party online marketplace or seller websites selling Colgate Products that are not governed by Colgate and/or under this T&C or the Program and you will be responsible for the compliance of such third party websites / apps and their terms and conditions.

- PURCHASE OF ANY PRODUCT OR SERVICE OF COLGATE OR OTHERWISE IS NOT A CONDITION PRECEDENT TO LOGIN TO THE PROGRAM AND SUBSEQUENT AVAILING OF THE REWARDS.

- The access to the Program and its login cannot be assigned or transferred to any other person without Colgate’s written permission and if done otherwise, the same will be considered as a serious violation of the license and the T&Cs by the user.

- You must take appropriate steps to secure your login to the Program and its access. Although Colgate will not be liable for the users’ losses caused by any unauthorized use of his / her account, user shall be liable for any losses that may be caused to Colgate or others due to user’s negligence / failure to take sufficient care for protecting against such breach of security or unauthorized use of his / her devices or software or hardware.

- You further agrees not to:
(i) interfere with or disrupt the integrity or performance of the Program or the data contained therein; or
(ii) attempt to gain unauthorized access to the Program or its related systems or networks
(iii) solicit login information or access an account belonging to someone else
(iv) use the Program to do anything unlawful, misleading, malicious, or discriminatory
(v) facilitate or encourage any violations of this T&Cs or Colgate policies
(vi) use the Program for any other purpose than the authorized use for which it is licensed by Colgate.
(vii) duplicate, transfer, give access to, copy or distribute any part or its contents in any medium without Colgate’s prior written authorization;
(viii) attempt to reverse engineer, alter or modify any part.

3. Eligibility

- The Program is eligible for only Indian Citizens residing in India, AND only such individuals who are 18 years and above are eligible.

- Program is meant only for the above mentioned criteria within the jurisdiction of India.

- Even if the Program is communicated outside of the territory of the Republic of India due to Colgate’s product exported outside of India and containing such pack communication, even then it shall NOT BE available to such users or consumers.

- In case someone enters the Program by fraud, misrepresentation or by whatever unauthorised means in violation of this T&C, Colgate reserves the right to terminate such unauthorized user at any time forthwith and the decision of Colgate shall be final in such case.

4. Intellectual Property Rights

- All the Trademarks, copyright, and all other intellectual property rights contained in the Program ie. Colgate Smiles Club, 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.

- The access to the Program 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.

- Unless otherwise stated under this T&C, all intellectual property rights including the trademarks, brand name and its design, texts, audios, pictures, graphical images, videos, logos, information introduced through the Program, made available or pushed through or used under the Program created with Colgate employees/ 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. 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. Indemnification

User agrees to defend, indemnify and hold harmless Colgate and its authorised agencies engaged for working towards the Program, Colgate’s parent corporation, and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) User’s use of and access to Program; (ii) User’s violation of any T&C or Privacy Policy; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any third party claim caused due to User’s usage of the Program legally or illegally, whether intentionally, unintentionally or by misuse etc. This defense and indemnification obligation will survive the cancellation, termination, suspension or withdrawal of the User's access to the Program or discontinuation / inability to use the Program.

6. Privacy

- The Personal Details mentioned above are confidential and collected, used, processed and stored in accordance with Colgate’s Privacy Policy accessible at colgatepalmolive.co.in/legal-privacy-policy/colgate-smiles-legal-privacy-policy  

Your Personal Details will be deleted at your request anytime and also you if you you wish to discontinue receiving communication, you can choose to opt out by clicking the unsubscribe link placed at the bottom of every marketing email. We delete your data in terms of our aforesaid Privacy Policy.

- By submitting the Personal Details, You 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.

- 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 Authorised distributors to the extent that it is reasonably necessary for the Program and its improvement or maintenance of the Program.

- 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.

- If User does not agree with these T&C and Privacy Policy, please do not Login to the Program and in case already subscribed, then send us a request unsubscribe or opt out by following the aforesaid opt out mechanism to discontinue from the Program.Your continued usage of the Program will signify your assent to and acceptance to the T&Cs hereof.

- For any queries or questions contact on the email Id consumeraffairs_india@colpal.com    

7. Disclaimer & Waiver

USER AGREES THAT USE OF THE PROGRAM SHALL BE AT HIS / HER SOLE RISK AND JUDGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, COLGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Program AND USER’s USE THEREOF. COLGATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Program 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 Program 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 Program 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 Program., 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 Program 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 Program. 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.

8. 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 Program or Rewards.
In no event shall Colgate’s total cumulative liability to You in connection with the Program or Rewards for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed Rs. 100/-.  

9. Governing law & Jurisdiction

These T&Cs are governed by the Laws of India and in case of any disputes, the Courts at Mumbai shall have the exclusive jurisdiction.

10. Relationship between the Parties

This T&C does not create any employee-employer, agent-principal, partnership, joint venture, contractor, etc between Colgate and You. You are accessing the Program as an individual user without any direct or indirect association with Colgate.

11. Termination from the Colgate Smiles Club

- Colgate reserves its right to terminate your account access to the Program, restrict, suspend certain features in Your Program or Rewards; delete, move, or remove any content that is made available in or through the Program by Colgate; make rules/ guidelines for the safekeeping and usage of the Program at any time with or without any prior notice. User may delete the Program by uninstalling the Program in case he does not agree with any of the terms hereof.

12. Miscellaneous

a. If any provision of these T&Cs is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&Cs, which shall remain in full force and effect.
b. No waiver of any term of this T&Cs 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 these T&Cs shall not constitute a waiver of such right or provision.
c. Colgate reserves the right to amend or modify these T&Cs at any time, and it is your responsibility to review these T&Cs for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Program. Your continued use of the Program following any amendment of these T&Cs will signify your assent to and acceptance of its revised terms.
d. User shall comply with the terms and conditions of these T&Cs, any additional guidelines/ Rules posted at the time of use of the Program and the Colgate privacy Policy, all of which shall constitute the T&Cs herein.

These T&Cs are deemed as duly read, accepted and consented by the User by submitting the Personal Details and creating a login under the Program and are legally binding and enforceable.