Terms Of Use

THESE TERMS OF USE GOVERN THE RELATIONSHIP BETWEEN US AND YOU TO USE AND ACCESS OUR WEBSITE www.birlapivot.com AND OTHER VARIATIONS OF OUR WEBSITE AND/OR MOBILE APPLICATION (“WEBSITE”/“PLATFORM”) FOR PURCHASING PRODUCTS AND RECEIVING RELATED ASSISTANCE (COLLECTIVELY REFERRED TO AS “PRODUCTS AND ASSISTANCE”) THROUGH THE WEBSITE/PLATFORM.

THE TERMS “US” OR “WE” OR “OUR” REFER TO GRASIM B2B E-COMMERCE BUSINESS DIVISION UNDER GRASIM INDUSTRIES LIMITED, HAVING ITS REGISTERED OFFICE AT P.O. BIRLAGRAM, NAGDA, 456 331 DIST: UJJAIN, MADHYA PRADSH, INDIA. THE TERMS “YOU” OR “YOUR” REFER TO THE BUYER.

THESE TERMS OF USE ALSO GOVERN YOUR ACCESS AND USE OF THE WEBSITE/PLATFORM AND SHALL BE READ IN CONJUNCTION WITH THE PRIVACY POLICY AND OTHER TERMS AND CONDITIONS AS MAY BE APPLICABLE AND PUBLISHED BY US FROM TIME TO TIME ON THE WEBSITE/PLATFORM.

THESE TERMS OF USE SHALL BE CONSIDERED AS AN ELECTRONIC RECORD AS PER THE TERMS OF THE INFORMATION TECHNOLOGY ACT 2000, THE RULES AND THE AMENDED PROVISIONS THERE UNDER AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURE.

FROM THE DATE OF REGISTRATION OF YOUR ACCOUNT WITH US OR YOUR FIRST LOGIN THEREUPON, YOU AGREE TO THESE TERMS OF USE.

  1. ACCOUNT REGISTRATION AND CREATION

    You will be required to register and create an account to be able to access and use the Website/Platform. When You register and create Your account, You will provide accurate and complete information along with the requisite business KYC (Know Your Customer) documents. Please ensure that the information You provide Us with are accurate and complete, and inform Us immediately of any changes to such information. Our representatives may assist You with registration and creation of Your account.

  2. USE OF THE WEBSITE/PLATFORM

    The Website/Platform is made available to You as a business entity for commercial use only. Upon registration and creation of Your account or Your first login on this Website/Platform and subject to the Terms of Use mentioned herein, You will be able to avail the Products and Assistance through the Website/Platform. We reserve the right to refuse access to the Website/Platform at any time without notice to You.

    When you use the Website/Platform, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access to Your account. You agree to accept responsibility for all activities that occur under Your account and password. You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform Us immediately if You have any reason to believe that Your account and/or password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

  3. YOUR CONDUCT

    You agree to use the Website/Platform for the purposes of commercial transactions only. You shall not do anything unlawful on the Website/Platform nor use the Website/Platform for any unlawful purpose. You shall not use this Website/Platform to post or transmit anything that may be unlawful, harmful, harassing, abusive, profane, vulgar, obscene, sexually explicit, hateful, threatening, defamatory, or material that is racially, ethnically, or otherwise objectionable in any way or form, or encourages behaviour that would be considered illegal or unlawful or violates any applicable laws - domestic (local & state) or international, or give rise to civil liabilities or criminal prosecution.

  4. LIMITED LICENSE FOR WEBSITE/PLATFORM ACCESS

    We grant You a limited, revocable and non-exclusive license to access and use the Website/Platform. You will not alter, modify, copy, reproduce, duplicate, copy, distribute, transmit, publish, license, create derivative works from, transfer or sell any information or content or software used in the Website/Platform. In case We find any misuse by You, We will revoke Your license with immediate effect.

  5. PRIVACY POLICY

    These Terms of Use are to be read in conjunction with Our Privacy Policy at https://www.birlapivot.com/india/privacy-policy-cookie-restriction-mode, which together govern Your access to and use of the Website/Platform. Any information provided by You to Us in the course of accessing and using the Website/Platform will be treated with confidentiality and in accordance with Our Privacy Policy, and applicable laws and regulations that are in existence. If You are not willing to accept or be subject to Our Privacy Policy or otherwise object to having Your information being used, as part of using the Website/Platform, You are advised to log off and not use the Website/Platform.

  6. CONTENT AND SOFTWARE

    The Website/Platform features a lot of content such as but not limited to design, layout, logos, graphics, button icons, text, audio clips, photographs, images, data compilations, digital downloads and other software. All the content and the software on the Website/Platform is the exclusive property of Grasim Industries Limited and its software suppliers respectively, and is protected by the laws of India and relevant international laws such as the international copyright, author's rights and database right laws. Unless you have specific and express written consent of Grasim Industries Limited, You shall not reverse engineer, re-utilise or otherwise extract parts of the content or the software or otherwise create derivative works. You shall not do data mining using robots or other tools to extract data or gather data for the purposes of re-using parts of the Website/Platform elsewhere; or creating/ publishing Your own database using the information extracted from the Website/Platform, without the express written authorization from Grasim Industries Limited.

  7. SOFTWARE UPDATES

    There shall be occasional or periodic updates to the software used in the Website/Platform for ensuring smooth running of the Website/Platform. These updates may be automatic or manual updates and provided at any time without any advance notice to You.

  8. INTELLECTUAL PROPERTY

    All title, rights, ownership and intellectual property rights in the Website/Platform and its content shall remain with Grasim Industries Limited.

    Domain name, Trademarks, and Trade names:
    The domain names www.birlapivot.com and Grasim.com, the Birla Pivot logo and the Aditya Birla logo and other graphics, images, photographs, logos, icons, colour schemes, service marks and service names displayed on the Website/Platform are registered trademarks, trade names and trade dress of Grasim Industries Limited. These registered trademarks, trade names and trade dress shall not be used in connection with any product or service that does not belong to Grasim Industries Limited; or in any manner that may likely cause confusion or is likely to disparage, discredit or tarnish the image of Grasim Industries Limited.

    All other trademarks and images not owned by Grasim Industries Limited and appearing on this Website continue to be the property of their respective owners, regardless of whether they are affiliated with, connected to, or sponsored by Grasim Industries Limited.

    Claims of Intellectual Property Rights Infringement:
    Grasim Industries Limited values and respects the concept of intellectual property, regardless of who it belongs to and is committed to addressing any concerns and claims of infringement of intellectual property. If You have a genuine reason to believe that Your intellectual property rights have been infringed or used in a way as to cause concern of infringement, You may lodge Your claim at ask-birlapivot@adityabirla.com describing the alleged intellectual property right that has been infringed along with adequate information to identify the intellectual property, including URL or screen shots of the product listing and/or any other content on the Website/Platform. Once We receive Your claim, We will verify the allegations and take appropriate action.

  9. PRICING

    We aim to ensure that prices of all products offered to You for purchase are true and correct. However, on account of technical issues or typographical errors, the prices of certain products may not be current or may be inaccurate at certain times. In each such case, notwithstanding anything to the contrary, We reserve the right to quote the correct price to You without any further liability.

  10. INVOICE AND TAXES

    We will issue an invoice to you at the time of delivery and the invoice shall carry details of the quantity delivered and price charged, payment terms, applicable tax, eighteen (18) percent per annum delay payment interest and such other details as required by applicable law.

    You agree and undertake that you will pay the invoice in accordance with the conditions of such invoice.

    The price charged by us shall be inclusive of all applicable taxes including GST. You will comply with the provisions of the GST Act and ensure that We are able to claim input tax credit. Any non-compliance on Your part resulting in GST credit not being available to Us will be indemnified without protest and demur.

    You also agree to fulfil Your obligations and responsibilities i.e. tax deduction at source (TDS), deposit the TDS with the government authorities within the prescribed time limit without fail, filing of relevant returns, issue of necessary certificates etc., as per the provisions of the Income Tax Act. If any loss arises on Us due to Your non-fulfilment or deficiency in fulfilment of the provisions of the Income Tax Act then, You shall be liable to compensate Us for such loss.

  11. DELIVERY

    You are obligated to take delivery of the product purchased by You. In the event of non-acceptance of or refusal to accept delivery of the product purchased by You, You shall be solely liable for all charges that We may incur in that regard. Such charges may also be subject to GST, which will be charged over and above the purchase price of the product. You acknowledge that such charges are not consequential or indirect damages. You shall countersign a lorry receipt and/or e-way bill/invoice copy and/or such other delivery form required by Us, in which You confirm that the product was delivered in the desired condition.

  12. PAYMENT

    You will have an option to make payment to Us by RTGS, NEFT, NACH, IMPS, Account Payee Cheque, DD or credit/debit card at the designated bank mentioned by Us.

    All cheque payments should be made from valid and subsisting bank accounts carrying adequate balance.

    All credit/debit card payments will be processed using a payment gateway and the same will be governed by the terms and conditions agreed to between You, the respective issuing bank and credit/debit card issuing company. We will not be responsible for the security and confidentiality of Your credit/debit card details and We expressly disclaim all liabilities that may arise as a consequence of You making payments through Your credit/debit card using the payment gateway.

    If opted, You will receive assistance from Us to avail financing facilities from a bank or non-banking financial institution for making payment to Us, in which case Your payment will directly be received from such bank or non-banking financial institution. In case the bank or non-banking financial institution is not satisfied with Your creditworthiness and decides not to offer any financial facilities to You, You will be liable to make payment to Us when you place a purchase order with Us. You undertake to honour all terms of the financing facilities which You have agreed with the financier and promptly make payments under those terms when due to the financier. You acknowledge that We will not be responsible in any manner whatsoever for Your obligations under Your agreement with the financier. In case of any breach of terms by You with respect to the financing availed, We reserve the right to suspend Your account in the Website/Platform and disable your access to the Website/Platform.

  13. RETURN, REPLACEMENT AND REFUND

    You must ensure, prior to accepting delivery of a product, that the packaging of such product is not damaged or tampered. If You observe that the packaging is damaged or tampered, You may open the packaging to verify whether the product purchased are damaged or not, and accordingly accept or reject delivery.

    Return and Replacement:
    You may raise a request for return of delivered products within a period of 1 (one) day from the date of delivery if such products does not match with the specifications and requirements of your purchase order or there is a major damage during transit.

    You shall not be entitled to raise a request for return of delivered products if you fail to raise a return request within the stipulated time period or such products are used by you or such products are not in the same condition as it was when delivered or you no longer need such products after delivery.

    For raising a return request, you may contact our sales team or customer service team.

    Upon receipt of a return request, we and you shall mutually ascertain the reason for the return request after carefully examining the proof of irregularity or damage which you have provided in connection with the return request. Once the irregularity or damage is established, we shall arrange a transporter for taking return of products and simultaneously also arrange a free of cost replacement of returned products.

    While returning products, you should ensure that products are in its original packaging along with the original price tag, label, barcode, user manual, warranty card, invoice etc.

    Some specific products may be subject to some additional terms for return, which shall be communicated separately to you by our sales team or customer service team.

    In the event there is a shortage or discrepancy in the quantities of delivered products, you are required to notify us prior to countersigning the lorry receipt and/or e-way bill/invoice copy and/or any other necessary delivery form. Upon receiving such notification, we will proceed to evaluate the shortage or variation with the assistance of a third-party independent assessor. Once the shortage or variation is confirmed, we will take appropriate measures to rectify the situation.

    We will not entertain any claims regarding shortage or discrepancy once you have countersigned the lorry receipt and/or e-way bill/invoice copy and/or the necessary delivery form.

    Return and Replacement for Manufacturing Defect/Deficiency:
    In case you discover any manufacturing defect/deficiency in products after you have accepted their delivery, we, after appropriate investigation, shall replace such products free of cost.

    Refund:
    In the event you request for a refund pursuant to a return, the refund will only be permissible upon us authorising the refund. A refund will be credited into the relevant account/payment method through which the payment was made by you and the timeline for such credit of refund shall be notified to you by our sales team or customer service team.

    If you have availed financing facilities from a third party financier, the refund will be credited directly to such third party financier.

  14. MANUFACTURER’S WARRANTY

    All products on the Website/Platform are free from defects in material and workmanship under normal conditions of storage, handling and use from their delivery. In case You become aware of any manufacturing defect during the standard warranty period of a particular product and You notify Us of the same, We, with the help of the manufacturer, will as promptly as reasonably practicable repair or replace such product in accordance with the terms of the standard warranty period.

  15. RECALL

    We reserve the right to recall sold products that are subject to recall by any government authority or the manufacturer of such products in the interest of Your safety. In the event a recall may be necessary, You shall fully cooperate with Us in order to develop and execute a recall plan, as appropriate.

  16. QUANTITY VARIATION & TOLERANCE

    The quantities of a product in a purchase order placed by You shall be subject to allowed quantity variation and tolerance as per relevant codes of practices or prevalent industry standards.

  17. COMMUNICATION POLICY

    By accessing and using the Website/Platform, You are communicating with Us electronically. We may communicate with You by e-mail, SMS, WhatsApp messages, phone call or by posting notices on the Website/Platform or by any other mode of communication as We may choose to use for communicating with You. For contractual purposes, You consent to receive transactional communications from Us with respect to Your access to and use of the Website/Platform and/or Your purchase order placed through the Website/Platform.

    We may also send or show promotional or marketing messages to You basis your interaction with the Website/Platform and Your interests. If you do not wish to receive such promotional or marketing messages from Us, then please record your preference at ask-birlapivot@adityabirla.com to unsubscribe/opt-out.

  18. REAL-TIME ORDER TRACKING

    We are committed to provide You with a feature of real-time tracking of order processing, despatch and delivery for all purchase orders placed with Us including information on delay deliveries beyond reasonable control and mitigation thereof. We shall provide You with all relevant information including the transporter’s and vehicle driver’s details which will help You to use the real-time order tracking feature in an effective manner.

  19. WEBSITE/PLATFORM ACCESS

    We will strive to provide to You, continuous access and error-free transmissions to the Website/Platform. However, considering the nature of the internet and several elements that are outside Our control, We cannot guarantee this. Note that the Website/Platform may have to be suspended or restricted occasionally, without prior notice, for maintenance, repairs, or introduction of new facilities or upgrades or features. We will try to limit the duration and frequency of such suspension or restriction.

  20. YOUR REPRESENTATIONS, WARRANTIES, AND COVENANTS

    You represent, warrant, and covenant that:

    i) You are a business entity carrying valid trade license, business registration or business permit for undertaking business/commercial activity.

    ii) You are holding a valid GST registration.

    iii) You have obtained all requisite authorisations, approvals, permissions, licenses, consents to purchase any product or otherwise transact through the Website/Platform.

    iv) You are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such parties.

    v) You have read and understood the Terms of Use mentioned herein and are responsible for your assessment of the inherent risks, uncertainties and any potential difficulties that may be encountered by You in the course of the use of the Website/Platform;

    vi) You shall comply with all applicable laws while using and transacting through the Website/Platform.

  21. THIRD PARTY WEBSITES

    The Website/Platform may contain links to other websites which are hosted or owned by third parties. The inclusion of such links does not necessarily imply a recommendation from or an endorsement of the third parties’ websites by Us. Please be informed that We are neither responsible for nor do We have any control over the content or practices or services of the third parties’ websites including their data privacy or data protection measures. You shall verify the authenticity of the content or practices or services received from the third parties’ websites before taking any action including making any payment on the third parties’ websites. You shall be aware of this when You leave the Website/Platform and land on the third parties’ websites.

  22. DISCLAIMER

    While We have made great efforts to include accurate and upto date information on the Website/Platform, such information are provided as convenience to you on "as is and as available" basis. The information displayed on the Website/Platform is only for general purposes and should not be relied upon by You for any specific purpose. We make no warranties or representations (express or implied) regarding the quality, durability, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or non-infringement of third party intellectual property rights. We also do not warrant that the Website/Platform is secure or free of viruses, trojans or other malware.

    By accessing the Website/Platform and engaging in transactions through the Website/Platform, You acknowledge and accept that You are assuming all risks and exercising prudence in your decision-making. We do not explicitly or implicitly support or endorse the purchase of any product on the Website/Platform.

  23. INDEMNIFICATION

    You agree to indemnify and hold Grasim Industries Limited and its affiliates, officers, director, employees, agents and licensors harmless from any third party claims, penalties, actions, demands, losses, liabilities, costs, charges or expenses including reasonable attorneys’ fees arising out of Your use of the Website/Platform or breach of any of the term and condition of the Website/Platform or Your violation of any applicable law.

  24. LIMITATION OF LIABILITY

    To the maximum extent permissible by law, Grasim Industries Limited shall not be liable to You for any direct, indirect, incidental, consequential, punitive or special damages (including, without limitation, loss of or unavailability of or damage to data or loss of use, lost revenue, lost profits, failure to realize expected savings, damage to reputation, loss of goodwill, loss of future business, business interruption, downtime costs) arising out of Your use of or inability to use the Website/Platform regardless of the form of action, whether under statute, under equity or in contract or tort, including negligence, strict liability, absolute liability or any other form of action, even if advised of the possibility of such damages. IN NO EVENT SHALL GRASIM INDUSTRIES LIMITED’S AGGREGATE LIABILITY TOWARDS YOU FOR ANY CLAIM SHALL EXCEED THE TOTAL AMOUNT PAID/TO BE PAID BY YOU FOR PURCHASING A PRODUCT UNDER A PURCHASE ORDER RELATING TO WHICH SUCH CLAIM HAS ARISEN.

  25. FORCE MAJEURE

    We may, under unforeseeable circumstances such as an act of God, fire, natural calamity, epidemic, pandemic, wars, terrorist attack, riots, work stoppages, strikes, lock-outs, or other labour issues, any law and order situation, civic unrest, any assertion, requirement, regulation or action of any governmental entity, civil or military authority, public utility failure, national emergencies, destruction of production facilities, be required to change the method of delivery or postpone the time of delivery. You understand and acknowledge that We shall not be liable for such change or delay in the delivery as it is arising out of circumstances which are beyond Our control.

  26. TERMINATION

    If You have or if We have reasonable grounds to believe that You have violated the Terms of Use mentioned herein, We reserve the right to suspend or terminate Your access to and use of the Website/Platform at any time without prior notice to You and to take all such remedies available to Us including reporting of Our action of suspension or termination to any relevant authority, if needed. You will be liable for all payments due to Us until the date of suspension or termination.

  27. RELATIONSHIP MANAGER

    A relationship manager may be assigned to You by Us to assist You to complete Your on-boarding process with the Website/Platform and provide all other assistance as may be required for successfully transacting through the Website/Platform.

  28. YOUR FEEDBACK

    You can provide genuine feedback about Your overall experience with Us by directly reaching out to Our sales team or customer service team or writing to Us at ask-birlapivot@adityabirla.com.

  29. NOTICE AGAINST OFFENSIVE CONTENT

    If You believe that any information or content displayed on the Website/Platform is abusive, objectionable, harmful, inappropriate, inflammatory, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), blasphemous, illegal, libellous, defamatory, deceptive, misleading, indecent, harassing, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or is otherwise unlawful in any manner whatsoever; or contains malware or other software viruses, You may notify us at ask-birlapivot@adityabirla.com and We will take appropriate action, and focus on addressing the issue promptly.

  30. GRIEVANCE REDRESSAL MECHANISM

    We are committed to addressing any complaint that may arise in the course of Your access to and use of the Website/Platform.

    You may address Your complaint to the Grievance Officer, Mr. Sandeep Komaravelly (CEO), Mr. Abhilash Pillai (COO), Mr. Shatrughan Singh (CCO), Mr. Mohana Sundaram (CFO), Mr. Nitin Hebbar (Head Strategic Partnerships), Mr. Shathanand Rao (CPO), Mr. Vivek Gupta (CTO), Mrs. Hamsini Ramamurthy (Head HR), Mr. Shaswata Banerjee (Head Legal) or Mr. Saugata Chakravarty (General Counsel) by writing at Grievance.officer.grasimB2B@adityabirla.com through the Grievance Redressal Form as below:

    GRIEVANCE REDRESSAL FORM

    Re: [MENTION THE COMPLAINT]

    I, [ADD YOUR FULL NAME AND YOUR COMPANY’S DESIGNATION] ON BEHALF OF [FULL NAME OF YOUR COMPANY], state as follows:

    1. Contact Information: Your name and your company's name, address, email address, telephone number and other business details.
    2. The description of the complaint.
    3. Add the following statement: I affirm that the this complaint is accurate and truthful and that I am duly authorized to act on behalf of [FULL NAME OF YOUR COMPANY].
    4. Sign the Grievance Redressal Form.

    You will receive an acknowledgement within 48 (forty eight) hours of receipt of the complaint and it will be addressed within 30 (thirty) days from the date of receipt.

    Your complaint will be registered and You will be provided with a complaint number. You will be informed at every stage of the complaint resolution process. You will be contacted for additional information and details if required. If You do not provide such additional information and details within 15 (fifteen) days from the date of request, the complaint will be deemed addressed and closed.

    Warning:
    Be informed that any abuse of this process by You will be dealt strictly and any complaint which is not genuine, false or otherwise wrong and intended to abuse the above process will be subject to civil liability and criminal prosecution as applicable without prejudice to other available legal measures.

  31. MISCELLANEOUS

    These Terms of Use are subject to change, from time to time, which may be necessitated due to change in applicable laws, rules, and regulations. We reserves the right, at our sole discretion, to add, delete or otherwise alter these Terms of Use, wholly or in part, at any time, without giving You any advance notice. You are advised to periodically review the Terms of Use as available on the Website/Platform. Your relationship with the Website/Platform will be governed by the most current version of these Terms of Use, as published on the Website/Platform. If You do not agree to the most current version of these Terms of Use, You are advised not to transact through or use the Website/Platform.

    Any notice by You under these Terms of Use shall be given by personal delivery or email or registered post or courier addressing to Grasim Industries Limited - B2B E-Commerce Business Division at 8th Floor Umiya Business Bay 2, Cessna Business Park, Marthahalli, Sarjapur Outer Ring Road, Bangalore, KA 560037.

    Our failure to enforce any right or failure to act with respect to any breach by You under these Terms of Use will not be deemed to be a waiver of Our right or a waiver of Our right to act with respect to subsequent or similar breaches.

    If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

    We shall have the right to assign these Terms of Use to any other entity.

    All communication with Us are completely confidential. To improve Our offerings, to ensure excellent customer service and for training purpose, calls from You (to Us) and from Us (to You) are recorded and monitored.

    Headings for any section under these Terms of Use are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    These Terms of Use are governed by and construed in accordance with the laws of India. You agree, as We do, to submit to the exclusive jurisdiction of the courts at Bengaluru.