Terms of service
Innovative Oral Care Product Terms and Conditions
Please read these terms and conditions (“Terms”), the privacy policy available at https://cloveoralcare.com/policies/privacy-policy (“Privacy Policy”) and the refund policy available at https://cloveoralcare.com/policies/refund-policy (“Refund Policy”) of Innovative Oral Care Solutions Private Limited (“company”, "we," "us," or "our"), carefully before you decide to access the Website or purchase our Products.
These Terms together with the Privacy Policy and Refund Policy and any additional terms (whether provided separately or incorporated herein) provided to you for the Products ("Supplemental Terms") together constitute a legal agreement (“Agreement”) between us and you (collectively, “customer” "you", "your") in connection with your visit to the Website and/or your use of the Products.
Your access, browsing, or use of our Website and/or purchase of our Products constitutes your consent to comply with and be bound by the Agreement and any additional terms, policies, and guidelines referenced herein or on our Website. The Agreement forms a legally enforceable contract between you and us for the Products purchased. In the case of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control as to the Products addressed in those Supplemental Terms. Unless otherwise specified, the terms defined in any of the Agreement documents shall apply throughout this Agreement.
Definitions
“Product(s)” means and includes the range of oral care products available on the Website.
“Website” means the website available at https://cloveoralcare.com/
Eligibility
You confirm that you are legally entitled to and agree to purchase the Products. If at any time, your capacity for use of Products is restricted in any way, you agree to notify us immediately, and we will have the right to restrict, suspend or terminate this Agreement. You agree to comply with all applicable laws and regulations including those governing minors and their treatment, parental notice, consent, and other requirements. Notwithstanding the foregoing, you agree that we may monitor details (including collecting age or other metrics) to ensure compliance.
Compliance
You will use our Website and Products, at all times, in accordance with our brand guidelines and in a manner that reflects us favourably in relation to our goodwill, and reputation. You will not engage in illegal, deceptive, misleading, or unethical practices. If we determine, in our sole discretion, that you are using the Website and Products for an unauthorized purpose, or for a purpose that conflicts with the Agreement or any related terms or policies, or if you pose a risk to us, we may exercise our right to terminate the Agreement.
Shipment and delivery
After an order is placed, all Products will be shipped together, or periodically in phases. We reserve the right to refuse or cancel orders at our discretion. We shall not be liable for any damages, losses, or expenses that you incur if we fail to meet targeted delivery dates. Title and risk of loss of all Products shipped to you are free-on-board shipping point, however we shall retain a lien on the Products, until full payment is received.
Payment and Invoice
By placing an order, you agree to pay the specified price for the Products, without any deductions, withholding or set-off whatsoever except for tax deductions (subject to provision of relevant tax deduction certificates). All applicable prices are subject to change without notice unless written notice is legally required.
You will pay all invoices in full and cleared funds. Timely payment of invoices is of the essence. Without limiting any other remedies or rights that we may have, we may cancel or suspend any or all agreements, including the terms of this Agreement if you fail to pay invoiced amounts by the invoice date. We retain the right to stop the supply of Products and not accept or fulfil any orders until all outstanding amounts owed have been paid.
Warranties and disclaimer
We do not guarantee any individual results arising out of any of the Products. We provide no warranty and shall not be liable for: (i) outcome of using our Products; or (ix) any Products used after the expiration date.
Upon delivery, you will immediately examine the Products for quantitative and qualitative conformity. Any patent/ latent defect shall be immediately notified to us in writing, within 1 (one) day from the date of delivery of Products. If no notification is received within this time limit, the delivery shall be deemed to be completed without any default and the Products shall be deemed accepted.
EXCEPT AS SET FORTH ABOVE, OUR WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR CONDITIONS OF ANY KIND WHATSOEVER. THE WARRANTIES IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES FOR OUR WEBSITE AND PRODUCTS AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR PROTECTED ENTITIES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (OTHER THAN THOSE IDENTIFIED OR REFERENCED IN THIS SECTION, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE, INCLUDING (1) ANY WARRANTY FOR EFFECTIVENESS OF THE PRODUCTS OR OF MERCHANTABILITY, OR FITNESS FOR ANY SPECIFIC PURPOSE, (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), TITLE, AND NON-INFRINGEMENT; (2) ANY WARRANTY AGAINST DATA LOSS; AND, (3) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF CONTENT IN, OR LINKED TO, THE PRODUCTS; (4) ANY WARRANTY THAT YOUR USE OF THE PRODUCTS WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS UNDER ANY LAWS OR REGULATIONS. TO PROCURE OUR PRODUCTS, YOU ARE REQUIRED TO PROVIDE ACCURATE AND COMPLETE INFORMATION.
Refunds, Returns and Cancellations
Please read our Refund Policy available at https://cloveoralcare.com/policies/refund-policy for details on the process and conditions for returning the Products and obtaining refunds.
Cancellation
If you decide to cancel your order with us, then you may be responsible for a cancellation fee as outlined in the Refund Policy which you can see at https://cloveoralcare.com/policies/refund-policy.
Limitation of Liability; Indemnity.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW: (I) IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, AFFILIATED ENTITIES OR ANY OF OUR DIRECTORS, OFFICERS, REPRESENTATIVES, EMPLOYEES, STAFF, AGENTS AND THEIR SUCCESSORS AND ASSIGNS (collectively, the “Protected Entities”) BE LIABLE (EVEN IN CASE OF NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY THEORY, INCLUDING DAMAGES RELATED TO: (1) YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY PRODUCT; (2) FAILURES OF TELECOMMUNICATIONS, THE INTERNET, OR ELECTRONIC COMMUNICATIONS; (3) CORRUPTION, SECURITY, VIRUSES, OR SPYWARE; (4) LOSS OR THEFT OF DATA, OR THE FAILURE TO DELETE DATA; (5) LOSS OF BUSINESS, REVENUE, PROFITS, OR INVESTMENT; (4) USE OF SOFTWARE OR HARDWARE; (5) USER CONTENT; OR, (6) A FORCE MAJEURE, EVEN IF WE OR OUR PROTECTED ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE LIABILITY IS OTHERWISE FORESEEABLE, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES UNDER THE AGREEMENT FAIL IN THEIR ESSENTIAL PURPOSE; (II) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, DAMAGES, LOSSES, DEBTS, LIABILITIES, COSTS, PAYMENTS, EXPENSES, (INCLUDING LEGAL COSTS), CAUSE OF ACTIONS AND OBLIGATIONS, OF ANY KIND WHATSOVER ARISING FROM OR RELATED TO PROVISION OF THE PRODUCTS, USER CONTENT, OR THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, MISCONDUCT OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, OR OTHER THEORY (“CLAIMS”) WILL BE LIMITED TO FIFTY PERCENT (50%) OF THE AMOUNT YOU HAVE PAID TO US FOR PRODUCTS.
THE AGREEMENT SETS FORTH OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES CONCERNING THE AGREEMENT TERMS AND ANY PRODUCTS, INCLUDING THEIR USE. ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF ANY KIND (INCLUDING THOSE IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR OUR AND OUR PROTECTED ENTITIES BENEFIT.
YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE FOR THE PRODUCTS ARE BASED IN PART ON, AND REFLECTIVE OF, THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY IN THE AGREEMENT AND THAT SUCH DISCLAIMERS AND LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN YOU AND US.
To the fullest extent permitted under applicable law, you will indemnify and hold us and our Protected Entities harmless (and, at our option, in accordance with the subsequent paragraph, defend), against any and all Claims arising from or relating to: (i) your breach, or any acts or omissions that, if true, would be a breach, of any provision of the Agreement, any applicable law or any other terms and conditions agreed with us; and (ii) your or your affiliates, representatives or agents use of any Product, including the User Content or your provision of incorrect or incomplete information, or any failure to timely provide us with any other information we request from you.
At our sole option, you will assume control of the defense, but we reserve the right, in our sole discretion and at our expense, to assume exclusive control over the defense at any time. You agree to reasonably cooperate as requested by us. You may not enter into a settlement under this section without our prior written approval.
Intellectual Property Rights and License Restrictions
All content on our website, including text, images, logos, and our Products and all documentation and any other materials, used or developed in connection with the Agreement are protected by copyright, patent, trademarks, trade secret, and other intellectual property rights (whether tangible or intangible) and are the sole property of the company. Subject to your compliance with the Agreement, you are granted a revocable, non-exclusive, non-sublicensable, and non-transferable, limited license to use the Products in accordance with these Terms. No other right is granted to you or any third party other than what is explicitly granted under this section. You may not commercially distribute or resell our Products to any third party without our prior written consent.
For any embedded software or other applications supplied to you by us, you will not and will not permit any third party to attempt to, or to in fact: (a) copy, reproduce, distribute, modify, adapt, alter, translate, or create derivative works therefrom; (b) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software or other works; (c) reverse assemble, decompile, disassemble, or otherwise derive the source code or the algorithmic nature for such software; (d) decode, de-crypt or neutralize any security measures in such software or remove or circumvent the protection of such software, without our written authorization except as explicitly mandated under applicable law; or, (e) perform any action that would require the software, or any derivative work thereof, to be licensed under any applicable open source terms, including but not limited to: (1) combining the software or a derivative work thereof with open source software, through incorporation, linking, or otherwise; or, (2) using open source software to create a derivative work of the software. You agree that you will inform us promptly if you become aware of any person infringing any of our intellectual property rights.
Your Responsibility for User Content
User content means any data, materials, text, graphics, images, audio, video, works of authorship of any kind that are uploaded, transmitted, posted, generated, stored, or otherwise made available or which you provide to us in connection with the Agreement and any use of the Website and Products (collectively "User Content"). By making your User Content available to us, you hereby grant us an irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, license to host and use your User Content. You agree to archive your User Content frequently as you are solely responsible for any lost or unrecoverable User Content. You must provide us all required and appropriate warnings, restrictions, information, and disclosures regarding your User Content. We will not be responsible for any of the User Content that you submit to us in connection with the Agreement and any use of the Website and Products.
Confidentiality
You agree to keep confidential the Agreement and any Documentation, technical, commercial, financial, intellectual property rights, personal information, or know-how concerning our or our Protected Entities business or the Products or any other information (including any pricing offers) disclosed to you by us or by any of our Protected Entities, whether orally or in writing, in electronic, tangible, intangible or in any other form, whether marked as “proprietary” or “confidential”, or identified as such or any other information derived from the confidential information, or disclosed or obtained either under circumstances that reasonably indicates that such information is, confidential or proprietary or by its very nature constitutes confidential information (“Confidential Information”).
You agree that you will not disclose Confidential Information to any third party or use it for any purpose other than as permitted under the Agreement, on need-to-know basis, subject to each recipient being bound by confidentiality terms no less stringent that the terms of the Agreement.
Termination
We will be entitled to terminate with written notice this Agreement or any part thereof immediately:
upon your breach of any provision of this Agreement including our intellectual property, confidentiality or your failure/ delay in paying any amount that is owed to us under this Agreement, or upon your wrongful use of our Products, or upon breach of any of the Terms;
upon you engaging in acts or conduct which impairs our goodwill or reputation; or
at any time for convenience.
Consequences of Termination
Upon termination of the Agreement for any reasons whatsoever:
all rights, entitlements, obligations, and licenses accrued under this Agreement shall cease to exist except for the payment of invoices and all amounts due and payable by you, shall be paid within seven (7) days from the date of termination.
You will be responsible to return all our Confidential Information and certify in writing the return or deletion thereof.
MISCELLANEOUS:
Deactivation of account
If you wish to deactivate your account associated with the Website, contact us through the information provided under “Contact Us” section. Notwithstanding the deactivation of a User’s account, please note that company is legally required and/ or entitled to retain some types of data, in line with the applicable laws including for tax, accounting, fraud prevention, legal defence and other legitimate purposes.
Governing Law and Jurisdiction
Both parties agree that the Agreement, and any dispute or claim arising out of or in connection with any use of the Website and Products (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of India and the courts at New Delhi shall have exclusive jurisdiction over such dispute or claim.
Force Majeure
We will not be liable for any failure or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) a natural disaster, flood, fire, earthquake, epidemics, pandemics, quarantines or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, actions or inactions, or similar order; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) custom delays; (j) inability to procure supplies and (k) other events beyond our reasonable control. Our obligations will be suspended for the period that the Force Majeure Event continues, and the time to perform these obligations will be extended accordingly however we will make reasonable efforts to perform the relevant obligations. Any failure to pay sums due to us will not be excused by reason of any Force Majeure Event.
Assignment and No Third-Party Beneficiary
We may at any time assign or transfer in any other manner all or part of our rights or obligations under the Agreement without your prior consent. A person who is not a party to the Agreement will have no rights or benefits under the Agreement.
Waiver
The failure or delay by either party to enforce its rights under this Agreement shall not be construed as a waiver of such rights.
Severability
If any provision of the Agreement or part thereof is invalid, illegal, or unenforceable, it shall be severed from this Agreement and replaced, by a similar provision compliance under applicable law, covering the parties commercial intent; and the remaining terms and conditions will continue to remain in full effect.
Survival
Clauses relating to Warranties and Disclaimers, Confidentiality, Consequences of Termination, Intellectual Property Rights and License Restrictions, Limitation of Liability, Indemnity, Governing Law and Jurisdiction and these Miscellaneous sections shall survive the expiry or termination of this Agreement.
Important Notice:
The customer is strictly prohibited from reselling this product, either online or offline, through any platform or portal. Any violation of this condition will constitute a legal offence and may attract appropriate legal action.
Note
It's important to note that the specific terms and conditions of the Agreement and Website may vary and change over time, so it's always best to consult the most up-to-date information provided by the company directly. You should check the Agreement periodically for changes. Your continued use of our Website and the Products, following any such modification constitutes your acceptance to follow and be bound by the terms and conditions of the revised terms of the Agreement.
Contact Information Grievance Officer
If you have any questions or concerns regarding use of our website, these Terms and the Agreement, our customer support team can be reached at the following email address: customercare@cloveoralcare.com and you can contact our customer support team between Monday to Sunday, 9:00 AM TO 6:00 PM via the contact information available on our Website under the “Contact Us” section.
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the Products, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Consumer affair officer
Address: Innovative Oral Care Solutions Pvt. Ltd.(Licensed User of TM)E-20,B-1,Ext,
Mohan Cooperative,New Delhi, India 110044
Email: customercare@cloveoralcare.com
Telephone: 1800-309-4242