Terms of Service
Last Updated: November 5, 2020
These Terms of Service (these "Terms of Service") set forth the terms and conditions upon which Colgate-Palmolive Company ("Colgate" or “we” or “us”) provides you, our third party end-users (each, an "End-User"), access to the websites currently located at shop.colgate.ch, shop.colgate.eu, shop.colgate.fr, shop.colgate.se and shop.colgate.co.uk (together with any materials and services available therein, and successor site(s) thereto, the “Site”), and Colgate’s proprietary Colgate Connect E1 Smart Toothbrush or Colgate Magik Toothbrush, or through the Colgate mobile applications (the "Apps"), which are powered by Kolibree SAS and its subsidiaries. The Site and the Apps are collectively referred to as the “Services.” By clicking “I Agree” or by accessing or using the Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or use the Services. This is a legally enforceable contract.
Colgate is under a legal duty to supply the App in conformity with these Terms of Service.
Changing the Apps. The Apps, by their nature, need to be updated and developed continuously over time. Where possible, we will try to give you reasonable notice of any major changes to, or discontinuation of, the Apps. Colgate may modify the Apps without prior notice, provided that the modification is reasonable for you taking into account your interests. A modification is, in particular, reasonable for you if it is necessary to adapt the Apps to changed circumstances with regard to technological developments, market requirements, and any changes in applicable law, and in case of any new features, functions, or services added to the App for your use. If a modification of the Apps is not reasonably acceptable for you, you have the right to terminate these Terms of Service effective immediately upon notice. You shall have no other claims against Colgate due to changes in and to the Apps.
Changing these Terms of Service. We may change these Terms of Service from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms of Service through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Service incorporating such changes, or otherwise notified you of such changes. You have the right to object to any change or amendment of these Terms of Service within two (2) weeks after the date of the notification of the intended change or amendment. In case of a timely objection, each party shall be entitled to terminate the Terms of Service upon notice to the other party, such termination to become effective upon the date that the intended change or amendment was to take effect. If you do not object within two (2) weeks after the date of the notification, the change or amendment shall be deemed accepted by you and become an integral part of the agreement between the parties. Your use of the Services following any changes to these Terms of Service will constitute your acceptance of such changes. In its notification, Colgate will inform you of your right to object within two (2) weeks, each party’s right to terminate the Terms of Service in case of objection, and the legal consequences of non-objection. The “Last Updated” legend above indicates when these Terms of Service were last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.
- License; Reservation of Rights
1.1 Limited License to Use the Service.
Limited License to Use the Service. Subject to End-User’s compliance with the terms and conditions of these Terms of Service, Colgate hereby grants to End-User a limited, personal, non-exclusive, non-transferable, license to use the Service solely for the End-User’s own personal purposes, or, in the case of dental professionals, in their dental practice. The App is licensed (not sold) to you. Subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Colgate to use the App, we hereby permit you, on a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your own personal, non-commercial use. If you fail to comply with these Terms of Service, you must immediately cease using the Site and the App, and remove (that is, uninstall and delete) the App from your mobile device. Except for the licenses and rights expressly granted under these Terms of Service, no licenses or rights are granted by Colgate to End-User hereunder, by implication, estoppel or otherwise. All such other licenses and rights are reserved to Colgate.
1.2 Other License Restrictions.
Other License Restrictions. End-User shall not (i) copy or modify the Devices, the Sites, or the Apps for any purpose; (ii) reverse-engineer, decompile, modify, translate, disassemble or discover the source code for all or any portion of the Devices or the Apps; (iii) distribute, disclose, market, rent, lease or otherwise transfer the Services or the App sto any other person or entity; or (iv) use the Services to, or permit, enable or assist a third party to create competing products or services.
1.3 Intellectual Property Rights.
Intellectual Property Rights. Colgate retains all intellectual property rights in and to the Devices, the Sites and the Apps and all related documentation interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights), including, but not limited to, any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and documentation. Except for rights specifically provided in these Terms of Service, End-User hereby assigns to Colgate all other intellectual property rights it may now or hereafter possess in the Devices, the Sites or the Apps and related documentation, and all derivative works and improvements thereof, and agrees to execute all documents, and take all actions, that may be necessary to confirm such rights. End-User also agrees to retain all proprietary marks, legends and patent and copyright notices that appear on the Devices, the Sites or the Apps and any related documentation delivered to End-User by Colgate and all whole or partial copies thereof.
1.4 Your Content and Feedback.
You may have the ability to make available content through the Services (“End-User Content”). Colgate has no control over and is not responsible for any use or misuse (including any distribution) by any third party of End-User Content. If you choose to make any of your personally identifiable or other information publicly available through the Services, you do so at your own risk. For purposes of clarity, you retain ownership of your End-User Content. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license to all End-User Content, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such End-User Content, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed End-User Content, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Colgate under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this Section, and that your End-User Content, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding End-User Content that you may have under any applicable law under any legal theory.
1.5 Third Party Materials; Links. Certain functionalities of the Services may make available access to information, products, services and other materials made available by third parties, including End-User Content (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Service shall be deemed to be a representation or warranty by Colgate with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
- Warranties And Limitations Of Liability.
2.1 No Specific Results. Colgate does not represent, warrant or otherwise guarantee: (a) the reliability or suitability of the Services; (b) the effectiveness, suitability or reliability of communicated information (including any data provided through the Services); (c) that the Services will work without interruption or that they will be free of errors, viruses or other harmful components; (d) outcomes resulting from your use of the Services; (e) that the information available through the Services is comprehensive or exhaustive; or (f) any outcome with respect to health and well-being as a result of the application of this information, particularly regarding cavities and gum diseases.
2.2 No Practice of Dentistry or Medicine. The Services are not intended to be, and must not be taken to be, the practice of dentistry, medicine or other healthcare services by Colgate. Use of the Services does not create a dentist/patient or provider/patient relationship with Colgate. Colgate is not recommending or endorsing any specific dental treatment, dentist or medication. ANY HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE SERVICES IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL DENTAL OR HEALTHCARE TREATMENT OR ADVICE. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF DENTISTS OR OTHER HEALTHCARE PROFESSIONALS. SOLELY YOU ARE RESPONSIBLE FOR YOUR RELIANCE ON THE SERVICES AND ANY DENTAL AND HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE SERVICES, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO ANY DECISION TO REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. SOLELY YOU ARE ALSO RESPONSIBLE FOR YOUR DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD-PARTY DENTIST OR HEALTHCARE PROVIDER. IF YOU HAVE SPECIFIC DENTAL OR HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DENTIST OR OTHER HEALTHCARE PROVIDER.
2.4 Ability to Contract; Legal Age. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Colgate, or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. Your parent or legal guardian shall be fully responsible for your compliance with these Terms of Service.
2.5 Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES AND ANY PRODUCTS (AS DEFINED IN SECTION 4, BELOW) AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COLGATE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE) ARE MADE FOR THE BENEFIT OF BOTH COLGATE AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
2.6 Limitations of Liability. EXCEPT AND SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL COLGATE BE LIABLE FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY THEORY OF TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITING THE FORGOING, COLGATE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY PRODUCTS (AS DEFINED IN SECTION 4, BELOW) OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, SPYWARE OR OTHER COMPUTER CODE, FILE OR PROGRAM THAT IS OR IS POTENTIALLY HARMFUL OR INVASIVE OR INTENDED TO DAMAGE OR HIJACK THE OPERATION OF, OR TO MONITOR THE USE OF, ANY HARDWARE, SOFTWARE OR EQUIPMENT THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. THE AGGREGATE LIABILITY OF COLGATE FOR ANY AND ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE OR ITS SUBJECT MATTER SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COLGATE TO USE THE SERVICES OR £10.00. NOTWITHSTANDING THIS SECTION, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT THE LEGAL LIABILITY OF COLGATE IN THE EVENT OF (I) DEATH OR PERSONAL INJURY RESULTING FROM AN ACT OR OMISSION OF COLGATE, (II) DAMAGES CAUSED TO YOU BY WILLFUL MISCONDUCT, OR FRAUDULENT MISREPRESENTATION, AND (III) DAMAGES FOR WHICH THE LEGAL LIABILITY OF COLGATE CANNOT BE RESTRICTED OR EXCLUDED BY AGREEMENT WITH YOU IN ADVANCE UNDER APPLICABLE STATUTORY LAW, INCLUDING APPLICABLE PRODUCT LIABILITY LAW.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Solely to the extent that these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights
- Indemnification; Unauthorized Use
To the fullest extent permitted by applicable law, End-User hereby agrees to indemnify and hold harmless Colgate and its affiliates, and its and their directors, officers, employees, agents, representatives, licensors, suppliers and service providers, from any and all damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by Colgate in connection with any claims resulting from your breach or alleged breach of these Terms of Service or any claims that are attributable to End-User Content, including any actual or alleged violations of third-party intellectual property rights by such End-User Content or its use.
3.2 Notification of Unauthorized Use.
End-User shall promptly notify Colgate in writing upon its discovery of any unauthorized use or infringement of the Device, the Sites, the Apps, or the related documentation, or Colgate's intellectual property rights with respect thereto. Colgate shall have the sole and exclusive right to bring an infringement action or proceeding against any infringing third party and, in the event that Colgate brings such an action or proceeding, End-User shall cooperate and provide full information and assistance to Colgate and its counsel in connection with any such action or proceeding.
The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Colgate or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Services of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable laws regarding the purchase, possession and use of any Product.
We may make available the ability to purchase or otherwise obtain certain Products through the Services (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
Colgate reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Colgate’s applicable refund and exchange policies (including Section 9 of these Terms of Services, where applicable). You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Services.
- TERM AND TERMINATION
6.1 Term. These Terms of Service are effective until terminated under the provisions of this Section 6.
6.2 Termination for Convenience. Colgate may terminate your access to and use of the Services at any time upon providing fourteen days’ notice to you, except to the extent that Colgate’s right to terminate in the applicable circumstance is prohibited by applicable law. Colgate may terminate your access to or use of the App at any time and without prior notice if you have violated these Terms of Service or if Colgate reasonably believes (based on specific facts) that you have violated these Terms of Service. You may terminate these Terms of Service at any time by ceasing use of the Services and uninstalling the App.
6.3 Effect of Termination. Upon the termination of these Terms of Service, all of your rights under these Terms of Service shall automatically and immediately cease, and you shall promptly cease all uses of the Services and shall uninstall the App. Colgate may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1.2, 1.3, 1.4, 2, 3, 4, 6.3, 7 and 8 shall survive the termination of these Terms of Service.
7.1 Registration; User Names and Passwords. You may need to register to use all or part of the Services. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Colgate, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account.
7.2 Export Compliance. The Services may be subject to U.S. and other national export controls and economic sanctions. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. Your rights and obligations shall be subject to such United States laws and regulations as shall from time to time govern the license and delivery of technology abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended, any successor legislation to the Export Administration Act of 1979, and the Export Administration regulations issued by the Department of Commerce, International Trade Administration, Office of Export Administration. You certify that you shall not, directly or indirectly, export, re-export or transship the Services in such manner as to violate such laws and regulations in effect from time to time.
7.3 Independent Contractors. In making and performing under these Terms of Service, the parties are acting and shall act as independent contractors. Neither party is, nor will be deemed to be, an agent, legal representative, joint venturer or partner of the other party for any purpose.
7.4 Force Majeure. In the event that Colgate is unable to perform its obligations under these Terms of Service because of acts of God, strikes, equipment or transmission failure, unavailability or poor performance of the Internet, or other causes reasonably beyond its control, Colgate shall keep you updated on the progress via the Site; provided we do this, Colgate will not be liable to you for any damages resulting from such failure to perform or otherwise from such causes. When contacting you, we will notify you of your options, including, if appropriate under the circumstances, the ability to terminate under these Terms of Service.
7.5 Governing Law. These Terms of Service are governed by the laws of England and Wales, without regard to their choice of law provisions. The choice of governing law shall not have the result of depriving you of the protection afforded to you in your capacity as a consumer within the scope of Regulation (EC) No. 593/2008 by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside.
7.6 Jurisdiction. Both parties agree that the English courts will have non-exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Service. You hereby submit to the jurisdiction of such courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. You may always bring proceedings against Colgate in the courts of the Member State in which you are resident or domiciled, and Colgate may only bring proceedings against you in the courts of the Member State in which you are resident or domiciled.
7.7 ODR Platform. The European Commission offers a platform for online dispute resolution (ODR) athttp://ec.europa.eu/consumers/odr/. Note that Colgate is not obligated to participate in ODR proceedings.
7.8 Assignment. You may not assign any of your rights or privileges hereunder, or delegate any of your duties or obligations hereunder, to any third party without the prior written consent of Colgate. Any purported assignment or delegation in contravention of this Section shall be null and void. Colgate may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Service without restriction. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
7.9 Information or Complaints. If you have a question or complaint regarding the Services, please send an e-mail to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card or other sensitive information in your e-mail correspondence with us.
7.10 Notices. All notices and other communications by you hereunder shall be in writing and shall be deemed effective when delivered by hand, email, facsimile transmission, reputable overnight delivery service, or certified mail (return receipt requested), postage prepaid to the postal or email address set forth on the Colgate website to the attention of the General Manager, Colgate Direct. Notices to you (including notices of changes to these Terms of Service) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail.
7.11 Entire Agreement. These Terms of Service constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior and contemporaneous understandings and agreements between the parties, whether written or oral, regarding the subject matter hereof.
7.12 Waivers. A waiver by either party of a breach or violation of any provision of these Terms of Service will not constitute or be construed as a waiver of any subsequent or other breach or violation of that provision or as a waiver of any breach or violation of any other provision of these Terms of Service. No waiver will be effective unless signed in writing by the party to be charged.
7.13 Severability. If any provision of these Terms of Service is held to be unenforceable, such provision shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties.
- APPLE-SPECIFIC TERMS
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms of Service and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Colgate at email@example.com. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof; notwithstanding the foregoing, Colgate’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Service is not subject to the consent of any third party.
- RIGHT OF WITHDRAWAL
9.1 Right of withdrawal. You have the right to withdraw from the respective agreement within 14 days without giving any reason.
The withdrawal will expire after 14 days from the day of the conclusion of the respective agreement.
To exercise the right of withdrawal, you must inform us, Colgate Palmolive Company, 300 Park Avenue, New York, New York 10022, Attention: General Manager, Colgate Direct, firstname.lastname@example.org, of your decision to withdraw from the agreement by an unequivocal statement (e.g., a letter sent by post, fax or e-mail). You may use the below model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
9.2 Effects of Withdrawal. If you withdraw from an agreement, we shall reimburse to you all payments received from you in the context of the respective agreement, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of Services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the agreement.
9.3 Model Withdrawal Form.
(complete and return this form only if you wish to withdraw from the agreement)
To: Colgate Palmolive Company, 300 Park Avenue, New York, New York 10022, Attention: General Manager, Colgate Direct, email@example.com
I/we* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods*/for the provision of the following services*:
Ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
*Delete as appropriate.
End of Instruction on the Statutory Right of Withdrawal
9.4 Early Expiration of the Right of Withdrawal. For agreements on the provision of services, your right of withdrawal shall expire when the services have been fully performed after (i) you gave your prior explicit consent to starting the provision of the services and (ii) you simultaneously expressly acknowledged that you are aware that you would thereby lose your right of withdrawal upon the services’ full performance.
For agreements on the supply of digital content (e.g., software, digital images, data) that is not supplied on a physical medium, your right of withdrawal shall expire when performance has begun after (i) you gave your prior explicit consent to starting the performance and (ii) you simultaneously expressly acknowledged that you are aware that you would thereby lose your right of withdrawal upon the beginning of the performance.