Terms of Use

ABOUT THE PALMOLIVE ONLINE SITE:

This website domain name www.palmolive.co.in and its mobile application (together with the “Online Site) is a property of Colgate-Palmolive (India) Limited (“Palmolive”/ “We” / “Us” “Our” ). This Online Site offers a range of Palmolive branded products (the “Products”) manufactured by and/or for Palmolive in India. The trademark “Palmolive” is the registered trademark of Colgate-Palmolive Company, US and licensed to Palmolive as a licensed user.

AUTHORIZED VENDOR:

The Online Site is serviced by Palmolive’s authorized vendor viz. Kratos Logistics and Trading Private Limited (hereinafter referred to as “Authorized Vendor”) on a principal to a principal relationship with Palmolive. The Authorized Vendor shall accept the orders placed by the registered users on the Online Site and shall be responsible to fulfill the delivery of the same based on Product availability and shipping limitations etc. subject to the user’s compliance with the Terms of Service / Use hereof and any other related terms and conditions and upon making the full payment of the Products. Any transaction on the Online Site whether for purchase of the Products, return, offers, promotions etc (the “Services” / “service”) shall be the responsibility and liability of that of the concerned user and of the Authorized Vendor; Palmolive shall not be responsible for such transactions held between the users and the Authorized Vendor in any manner whatsoever, except for offering the authentic, good quality and safe Products listed on the Online Site by Palmolive as a manufacturer.

These Terms of Use / Terms of  Service / Terms and conditions used interchangeably for reference herein are one and the same as contained herein, are an electronic record pursuant to the  Information Technology Act, 2000 and rules made thereunder. The acceptance of these Terms of Use / Service / Terms and Conditions is an electronic record and does not require any physical or digital signatures to authenticate the same. By accessing or using the Online Site, the user agrees to be bound by these Terms of Service / Use / Terms and Conditions.

1. TERMS OF SERVICE / USE

By agreeing to these Terms of Service, the user (hereinafter referred to as “You” / “Your”) reflect that you are at least the age of majority in your country of residence or province of residence, or that you are the age of majority in your country of residence or province of residence, and you have provided us your consent to allow any of your minor dependents to use this Site. You may not use our products for any illegal or unauthorised purpose or, when using our Site or Service, violate any law in your jurisdiction.

2. GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time on the Site. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service / Site, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us. The headings included in this Agreement shall only be used for convenience and shall not limit or otherwise impact the provisions of these Terms. 

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

If information made available on this Site is not accurate, complete or current, we are not accountable. The content on this site is given solely for general information and should not be relied on or used as the primary criteria for decision-making without reviewing primary, more specific, more complete or more timely information sources. Any dependence on the content is at your own risk on this Site. Certain historical data may be found on this Site. Historical data is not inherently current and is given only for your reference. We reserve the right to alter the content of this Site at any time, but we are under no obligation to update any of our Site material.

4. MODIFICATIONS TO THE SERVICE AND PRICES 

Prices are subject to change for our products without notification. We reserve the right to alter or dismiss the Service (or any portion or content) at any time without notice. We shall not be responsible for any alteration, price adjustment, termination or discontinuance of the Service to you or any third-party.

5. PRODUCTS OR SERVICES 

(If applicable) Some products or services may be made available online exclusively via the Site. These products or services may have limited quantities and are subject to return or exchange only in compliance with our Return Policy. We also made every effort to present the colors and photographs of our Products that appear in the store as precisely as possible. We will not claim that the representation of any color on your computer monitor will be correct. We reserve the right to limit sales of our products or services to any individual, geographic region or jurisdiction, but are not obligated to do so. We may assert this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services we provide. All Product specifications or prices are subject to change at any time without warning, at our absolute discretion. We reserve the right at any time to stop selling any Product. Where prohibited, any offer for any good or service made on this Site is void. We do not guarantee that your standards will be met by the quality of any Products, Services, details, or other material purchased or obtained by you, or that any irregularities in the service will be rectified.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to reject any order issued to our Authorized Vendor by you. We can limit or cancel quantities purchased per person, per household or per order, at our sole discretion. Orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address may be included in these limitations. We / our Authorized Vendor can try and inform you in the event that we make a change to or cancel an order by contacting the e-mail and/or billing address/phone number given at the time the order was made. We reserve the right to restrict or ban orders which appear to be placed by dealers, resellers or distributors in our sole judgment. For all transactions made at our Site, you agree to provide updated, thorough and correct purchase and account information. You agree to update your account and other information promptly, including your email address and credit card numbers and expiry dates, so that our Authorized Vendor can complete your purchases and contact you as necessary. For more information, please check our policy on returns.

7. THIRD-PARTY LINKS 

Materials from third parties may be included in some content, goods and services accessible via our service. Links to third parties on this site may guide you to websites of third parties that are not associated with us. We are not responsible for the analysis or assessment of the content or quality and we do not warrant and shall not be liable or accountable for any materials or websites of third parties, or for any other materials, products or services of third parties.

We shall not be responsible for any harm or loss in connection with the purchase or use of products, facilities, resources, material or any other transaction made in connection with any website of any third party. Kindly carefully review the policies and procedures of third parties and make sure that you understand them before you participate in any transaction. Complaints, allegations, concerns or inquiries about the goods of a third party should be presented to the third party.

8. PERSONAL INFORMATION 

Our Privacy Policy strictly regulates your submission of personal information via the Site. To review our Privacy Policy click here https://www.colgatepalmolive.co.in/legal-privacy-policy. All the personal information collected, used, processed, stored, transmitted for the purpose of the transaction etc will be strictly in terms of our above Privacy Policy. We highly encourage you to go through the above privacy policy in detail and in case of any questions, kindly write to us on the contact details available on ‘Contact us’ tab on the Site. Your accessing of the Site and/ or using the Site shall be considered as your consent to our Privacy Policy. In case you wish to delete your account or opt-out from any communication you can unsubscribe by writing to us on the contact details available on ‘Contact us’ tab or by clicking the unsubscribe link provided in our communication as the case may be. 

9. ERRORS, INACCURACIES AND OMISSIONS 

Information containing typographical errors, inaccuracies or omissions that may correspond to product specifications, costs, promotions, deals, product shipping charges, transit times and availability may sometimes be present on our Site or in the Service. We reserve the right to correct any discrepancies, inaccuracies or omissions and to change or amend details or cancel orders if, without prior notice, any information found in the Service or any related website is incorrect at any time (including after you have submitted your order). We exercise no obligation, except as required by law, to review, modify or clarify information on the Service or on any associated website, including, without limitation, pricing information. No modification or refresh date listed in the Service or any related website should be used to suggest that any information found in the Service or any related website has been altered or updated

10. PROHIBITED USES 

You are forbidden from using the Site or its content in addition to other limitations as set out in the Terms of Service: (a) for any unlawful purpose; (b) to enable others to carry out or engage in any unlawful act; (c) to infringe any international, federal, provincial or state rules, legislation, laws or local ordinances; (d) to infringe upon or violate any of our intellectual property rights or the intellectual property rights of others; (f) to submit inaccurate or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. For any of the unauthorized uses, we reserve the right to terminate your use of the Service or any associated website for infringement.

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, reflect or justify your uninterrupted, prompt, safe or error-free use of our service. We do not guarantee that the outcomes that may be obtained through the use of the Site / service will be valid or accurate. You consent that we can disable the service for indefinite periods of time from time to time or terminate the service at any time without notice to you.

You specifically accept that your use of the Site/ service, or your inability to use it, is at your sole risk. The service and all goods and services delivered to you through the Site / Services are given 'as is' and 'as applicable' for your use (except as expressly specified by us) without representation, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable consistency, fitness for a particular reason, durability, title and non-infringement.

Under no circumstances shall our parent company, affiliates, directors, officers, staff, affiliates, agents, contractors, Authorized Vendor, suppliers, service providers or licensors be responsible for any harm, loss, allegation or any direct, indirect, incidental, punitive, special or consequential damage of any kind, including, without limitation, loss of profits, loss of income, loss of savings, loss of data, cost of replacement or any other similar damage, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not restricted to, any discrepancies or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because certain states or jurisdictions do not authorize the exclusion or restriction of liability in those states or jurisdictions for consequential or incidental damages, our liability shall be restricted to the maximum extent permissible by law.

12. INDEMNIFICATION 

You consent to indemnify, protect and hold harmless Palmolive, Authorized Vendor and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and workers, harmless against any allegation or demand, including fair attorney fees, made by any third party as a result of or arising out of your violation of these Terms of Service/ Terms of Use / Terms and Conditions or the privacy policy or any other policies or the documents in this regard.

13. TERMINATION 

The rights and liabilities of the parties accrued before the termination date shall survive the termination of this Agreement for all circumstances. These Terms of Service shall be valid unless and until either you or us have terminated the use or access of your to this Site. You can terminate your use / access of this Site at any time by notifying us that you no longer wish to use our Services or that you cease to use our Site.

If, in our sole judgment, you fail or we suspect that you have failed to act in accordance with any terms or conditions of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain responsible for any amounts due up to and including the date of termination; and/or may therefore deny you access to our Services (or any part thereof).

14. ENTIRE AGREEMENT 

The inability of us to practice or implement any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. These Terms of Service and any policies or business procedures posted by us on this site or with respect to The Service shall constitute an entire agreement and understanding between you and us and regulate your use of the Service, superseding any prior or contemporaneous arrangements, correspondence and suggestions, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any inconsistency in the understanding of these Terms of Service shall not be construed against the drafting party.

17. GOVERNING LAW, DISPUTE RESOLUTION AND JURISDICTION

These Terms of Service and any separate agreements in which we provide services to you shall be regulated by and construed in compliance with the laws of India.

ARBITRATION: Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the respective parties. The proceeding shall be as per the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai. For the purpose of any reference to arbitration to be made shall be made before the competent courts at Mumbai.

18. CHANGES TO TERMS OF SERVICE 

You can assess the most updated version of the Terms of Service on our Site at any given time. By posting updates and changes to our Site, we reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. It is your responsibility to periodically check our Site for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service represents acceptance of those changes.

19. CONTACT INFORMATION 

Questions about the Terms of Service, privacy policy or any Product queries or questions should be sent to us at consumeraffairs_India@colpal.com. You can also write to us at the contact information available in ‘Contact us’ tab. For refunds related queries. you are requested to check with our refund policy hosted on the Site.

20. SEVERABILITY 

In the event that any clause of these Terms of Service is found to be unconstitutional, void or unenforceable, such provision shall however be enforceable to the fullest degree allowed by applicable law and the unenforceable portion shall be considered to have been excluded from these Terms of Service, such determination shall not affect the legitimacy and enforceability of any other remaining provisions.

21. YOUR COMMENTS, FEEDBACK, POSTS, CONTENT ON THE SITE:

All your comments, feedback, posts or any other form of contents posted on the Site shall become the property of Palmolive and shall be used by Palmolive as per its discretion. You disclaim any proprietary rights in such submissions, and you acknowledge that Palmolive shall be the owner of such content on the Site without notice, compensation or other obligation to you or any other person. Such content as posted on the Site may not be obligated to be kept confidential based on the nature of information as may be deemed appropriate by Palmolive. 

Further, such content posted by you on the Site may not be under any obligation on us or our Authorized Vendor (while we would have the rights) to monitor, edit or remove etc. being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

22. PROPRIETARY RIGHTS:

Unless otherwise stated under this document, all intellectual property rights including the trademarks, Brand name 'Palmolive' etc and its design, texts, audios, pictures, graphical images, videos, logos, information introduced through the Site, made available or pushed through or used under the Site created with Colgate employees/ its agencies / Authorized Vendor, shall be the sole property and ownership of Palmolive.

23. PAYMENT FOR PRODUCTS

Our Site acknowledges online orders through the listed payment options and which will keep getting updated and improving on an ongoing basis as well as basis the statutory compliances. Kindly note all the payments made by you whether on Site or through cash on delivery etc. will be a payment made to our Authorized Vendor directly for the purchase of the Products and not to Palmolive for the purpose the transaction on our Site. The invoice for the payment will be issued to you from our Site as serviced by the Authorized Vendor along with applicable GST compliances and requirements. Any disputes or differences arising as to the transaction, payment or refund etc shall be between you and our Authorized Vendor who is servicing the Site to operate on a principal to principal basis. You can raise any concerns in this regard with the Authorized Vendor as per the contact details provided for this purpose on the Site. This Site is offered by Palmolive for its Products as a manufacturer and serviced for better servicing of our consumers by the Authorized Vendor.