Terms of Use for the #ColgateTalks Website

www.colgatetalks.com

Last updated: March 2017

Please read this Terms of Use (“Agreement”) carefully before using www.colgatetalks.com (“Website”). This Agreement governs your right to access and use the Website and your access or use of the Website shall be deemed to be your agreement to be bound by the terms of this Agreement. By entering the website you agree to the terms and conditions of this agreement. If you do not agree to any of the terms and conditions of this Agreement please refrain from using or entering the website.

The Website is maintained by a Colgate-Palmolive administrator and the content is provided by companies of the Colgate-Palmolive group, an independent editor and third-party writers (the “Contributors”) and is sponsored by Colgate-Palmolive.

The Website is owned by Colgate-Palmolive Europe Sarl, Grabettsmattweg, 4106 Therwil, Switzerland (“Us” or “We”). We and the Contributors together shall be referred to as the “Coordinators”. These terms are for the benefit of each Coordinator and any Coordinator may rely on these terms, including all disclaimers and limitations set out herein.

This website is intended for dental professionals

This website is intended for dental professionals and dental students in Europe (you) and is not written or maintained with the general public in mind. If you are a member of the general public and you have a question about dental health, please address it to your dentist. Reading this site is not a substitute for advice from your dentist. If you are a member of the general public and you want information on Colgate-Palmolive products in your country, please visit www.colgatepalmolive.com. Readers need to sign-up to the site and confirm that they are a qualified dental professional, or a dental student, in order to access certain resources, such as downloadable guides, videos, or register for events, such as webinars, as well as to post comments on articles. In order to do this, we need to collect some basic information on these registered users. We will handle collected personal data in accordance with our Privacy Policy.

Professional qualification

We reserve the right to ask for the details of your dentistry qualification (in some countries this could be a registration number, while in others a scan of your certificate may be required). We will disable the login ID and password of any signed-up user who is unable to comply with any such request in a reasonable time.

Access to the Website

We reserve the right to withdraw or amend any service we provide on the Website at any time without notice. We make no warranty about the availability of the Website and we will not be liable if for any reason the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Website, or our entire site, only to users who have signed-up with us.

If you choose, or you are provided with, a login ID, password or any other piece of information for use on or access to the Website, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any login ID or password, whether chosen by you or allocated by us, at any time, if in our sole discretion, we feel that you have failed to comply with any of the provisions of these terms or for any other reason.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they fully comply with them.

Content and IP

The text, audio, images, photographs, graphics, descriptions, names, logos, trademarks, and all other material provided on or transmitted through the Website are collectively referred to as the “Content.”

The Website and all Content is our property or the property of our licensors and is protected by copyright, trademark and other intellectual property laws. All rights are reserved.

Without prejudice of what is set in the section “Social Sharing function” below, you may use the Content only for personal, private use and you have no other right to use the Content. You may not and nothing contained on the Website will be construed as granting, by implication or otherwise, any right to, use, reproduce, modify, transmit, display, publish, sell, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content for commercial purposes.

Misuse

You must not misuse the Website in any way, including by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching these provisions, you may be committing a criminal offence and we reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

Links from Other Websites

We generally welcome links to our Website. You may establish a link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your website or its contents by us or by any group or individual related to or affiliated with us. Without prejudice of what is set in section “Social Sharing function”, you must obtain our express written consent in order to use on your website any Content provided on this Website.

Links to Other Websites

We may include links to other Internet sites solely as a convenience to users of the Website. We do not necessarily endorse any such websites or the information, material, products or services contained on or accessible through such websites. Users access and use such websites, including information, material, products, and services therein, solely at the users’ own risk and subject to the terms of use of those websites. We are not responsible for the privacy practices or the content of such other Internet sites and hereby disclaim all liability for any claim, loss or damage arising from your use of such other sites.

Webinars

In the Professional Education section of the website there is the opportunity for you to register for and attend live web seminars (webinars) on dental topics. These are hosted by a third party webinar provider and you will need to read and agree with the third party’s separate Terms of Service and Privacy Policies in order to register for and attend these live webinars.

Disclaimers

Your use of the Website is at your own risk. We make no warranties or representations as to the Content and the Coordinators assume no liability or responsibility for any errors or omissions therein.
We accept no responsibility to review, approve or moderate any User Comments or entries from the Contributors before they appear on the Website.

Any of the content or material on the Website may be out of date at any given time and the Coordinators are under no obligation to update such content or material.

The Website and the Content is not intended to amount to advice on which reliance should be placed. All content and material on this Website is provided for generic information only. Such content and material does not constitute and should not be construed as medical advice or instruction and no action or inaction should be taken based solely on this information. Further, the materials and content should not be used as a sole basis of diagnosis or choice of treatment or any advice in relation thereto. The materials are not exhaustive, and the materials do not set out all of the research and views in this area.

Exclusion of Liability

Without prejudice to any of the other terms in this Agreement, to the fullest extent permitted by applicable law, we hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss or damage to equipment, systems, hardware, software or databases;
  • loss or damage caused by any denial of service attack, viruses, trojans, worms or any other technologically harmful code or material; and
  • for any other loss or damage of any kind, however arising,

in each case whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or if we have been made aware of the possibility of such loss or damage. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or any other liability, if and to the extent such liability cannot be excluded or limited under applicable law.

General Compliance with Laws

All users shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Website.

Changes

We may at any time change, modify, add to, replace all or part of the terms of this Agreement. It is your responsibility to review the terms regularly. Your continued use of the Website after any changes have been made to these terms shall constitute an acceptance by you of the new terms which shall be binding upon you.

Social Sharing function

Subject to the Terms of Use, we encourage you to share material uploaded onto the site by Colgate-Palmolive on social media by using the social media sharing buttons on the top right of the site and at the bottom of articles in the Dialogue section.

User Comments

Users and other third parties may make written comments on content in the Dialogue section of the Website (“User Comments”). Please note users are not able to embed documents or images into the User Comments. The Coordinators do not endorse and are not responsible for any User Comments and expressly disclaim any and all liability in connection with such User Comments. The Coordinators may review comments prior to publication and reserve the right to remove any User Comments at any time in their complete discretion.

If you make any User Comments, you must comply with the following terms and conditions, including complying with the spirit as well as the letter of the standards:
(a) You must ensure that and you hereby warrant to us that (i) any User Comments are accurate (where they state facts); and (ii) any User Comments are genuinely held (where they state opinions).
(b) You must ensure that and you hereby warrant to us that any User Comments will not be:

  • Abusive, defamatory, or obscene;
  • Fraudulent, deceptive or misleading;
  • In violation of any intellectual property, privacy or other right of another;
  • In violation of any law or regulation;
  • Disrespectful to third parties, including third party Users
  • Offensive or inappropriate;
  • Spam, advertising, promotion, marketing or any form of solicitation that has not been authorised by us in writing; or
  • Otherwise in breach of these terms.

(c) You must ensure that and you hereby warrant to us that any User Comments on oral care or dentistry products:

  1. are factually correct and reflect the scientific evidence available
  2. are based on your honest beliefs, opinions and knowledge
  3. reflect your genuine personal experience of the product in question, either through personal-use by you as a dental professional, or your patients’ feedback
  4. are balanced, in that they reflect the entirety of the usage experience, rather than single occurrences or anecdotes.

(d) You must ensure that and you hereby warrant to us that you will disclose in or at the end of your User Comments if you have any “material connection” with Colgate-Palmolive Europe, or any of its affiliated companies, or have received any samples or free products, or anything else that may be considered a thing of value or compensation. We will identify our comments with the user name “Colgate Professional” or a similar user name that designates members of staff of any member of the Colgate Group.

By making a User Comments on the blog, you thereby (i) warrant that you own any intellectual property rights (including but not limited to copyright) in the material posted, including the right to grant sub-licences to make use of the information posted; and (ii) grant a non-exclusive, royalty-free, irrevocable, worldwide licence for the reproduction or any other use by any member of the Colgate-Palmolive group of companies (the “Colgate Group”) and any other signed-up user of the Website of any comments you post on the Website at any time, only in accordance with the section “Content and IP” above.

We reserve the right to monitor and edit, modify or delete any User Comments (or portions thereof) which we, in our sole discretion, deem to violate any of the above terms or which are otherwise not suitable for the Website. We also have the right to disclose your identity to any third party who is claiming that material posted by you constitutes a breach of law or a breach of any of their rights of whatsoever nature.

Any such User Comments or other material submitted by you will be non-confidential and non-proprietary.

Incentives for professional education

On occasion, we may offer incentives, such as (for example) Colgate products, for signed-up users who successfully complete a professional education event or resource (such as a webinar) and its associated test on the website. No automatic right to these incentives is generated by attending, watching or reading these professional education events or resources.

Incentives for a particular professional education event or resource may only be available to residents in a particular country or countries and the type and value of the incentive may vary between countries. You may only be eligible to receive an incentive for a professional education event or resource, if you meet certain additional criteria decided by us at our sole discretion, such as (for example) demonstrating a certain minimum attendance at an event, or correctly answering a number of questions that test your comprehension of the topic.

If Continuing Professional Development (CPD) certificates are offered as an incentive for professional education, national professional associations or regulatory boards may also determine the eligibility criteria for the certificates. CPD certificates may only be available for dental professionals resident in a particular country (or countries) because these criteria are established at the national level.

Applicable Law

These terms shall be governed by and construed in accordance with Swiss law.