TERMS OF USE
By accessing or using our services, you agree to comply with and be bound by these Terms of Use (“Terms”).
Introduction
https://www.livabybirlacellulose.com (“Platform”) is a platform offered by 'Liva by Birla Cellulose' which includes Grasim Industries Limited, Thai Rayon Public Company Limited, PT Indo Bharat Rayon, Birla Jingwei Fibres Company Limited, Domsjö Fabriker AB, AV Terrace Bay Mill Inc., and AV Group Inc., NB (hereinafter referred to as “Business Entity (ies)” or “our” or “we” or “us”). Each of these companies is an independent legal entity governed under applicable laws of the jurisdiction in which it is incorporated/located. Any entity, company, individual, person, or firm using or registered with the Platform is referred to as a “USER,” “you,” or “your.”
Any information, data, software, materials, and references to services and products (“Services) if any herein, including without limitations, text, and graphics, are provided "as is" without representations or warranties of any kind, whether express or implied. These Terms may only be available in English and not available in the local language. Despite any practices of local law or custom, the parties agree that they understand English and it is an appropriate language regarding the acquisition and use of the Services.
Use of the Platform
By registering for an account and using the Platform, you agree to use it only for a legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our Platform to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our Platform’s network or security features or to gain unauthorized access to our systems.
Account Registration and Security
To access some features of the Platform, you may be required to create an account. You agree to provide accurate and complete information which may include personal information such as your email address, mailing address, and other contact details during the registration process, and to update such information if it changes. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
If you suspect any unauthorized use of your account, you must notify us immediately at bc.grievance@adityabirla.com.
General Conditions
We reserve the right to make any modifications to the Platform, including terminating, changing, suspending or discontinuing any aspect of the Platform at any time, without notice. We also reserve the right to refuse service to anyone, at any time, for any reason. We may impose additional rules or limits on the use of our Platform. You agree to review the Terms regularly and your continued access or use of our Platform will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Platform or for any service, data, feature or results offered through our Platform.
Data Privacy
By using the Platform, you agree that you have read and understood the Privacy Notice. You consent to the manner in which your personal data will be collected, stored, used, protected and processed in accordance with our Privacy Notice.
You retain ownership of the data you upload, but you grant us a non-exclusive, worldwide, royalty-free license to use, host, reproduce, and distribute this data as necessary to provide the Platform’s services.
Commercial use of any of the contents of the Platform in any manner is prohibited without prior written permission from an authorized person. No reproduction of any part of the Platform may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or site, whether in hardcopy or electronic format, including postings to any other site. The Platform reserves all other rights.
The Platform may contain some hyperlinks which lead out of this site. The information contained in any site linked from Platform has not been reviewed for accuracy or legal sufficiency. We are not responsible for the content of any such external hyperlinks and references to any external links should not be construed as an endorsement of the links or their content. No information on the Platform shall constitute an invitation to invest in the Aditya Birla Group or any of its entities.
Intellectual Property
All data content and information on the Platform, including but not limited to software, databases, text, images, trademarks, and logos, is owned by us and is protected by intellectual property laws.
You may not use, copy, modify, distribute, or reproduce any part of the Platform without prior written consent, except as expressly allowed under these Terms.
Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our Platform, which is provided “as is” without warranties, representations, or conditions of any kind, either express or implied, this includes, but is not limited to, warranties concerning the availability, accuracy, completeness, or usefulness of any data or information accessed through the Platform.
We do not make any representations or warranties, express or implied, regarding the functionality of the Platform or the data and content provided through it, including without limitation any implied warranties of merchantability, or fitness for a particular purpose. We also do not warrant that the Platform or any content, data, or materials made available through it will be uninterrupted, error-free, timely, or secure, nor do we guarantee that defects in the Platform will be corrected or that the Platform or its servers are free from viruses, malware, or other harmful components.
The use of our Platform is at your sole risk and you assume full responsibility for any costs associated with your use of our Platform. We will not be liable for any damages of any kind related to the use of our Platform.
Notwithstanding anything to the contrary contained anywhere in these Terms or elsewhere, you agree and give your explicit consent that:
- in no event shall we, our group companies, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of our Platform or the data or material or functionality through our Platform, even if we are advised of the possibility of such damages
- tough certain jurisdictions do not allow the limitation of liability or the exclusion or limitation of certain damages and you give your explicit consent that all of the above disclaimers, exclusions, or limitations, shall apply to you and our liability will be limited to the maximum extent permitted by law subject to a maximum liability of INR 10,000 (Indian Rupee Ten thousand) or equivalent currency.
Governing Laws
The Terms of Use shall be governed by, and construed in exclusively in accordance with, the laws of the country in which the Business Entity you are dealing with is incorporated. You agree that any dispute or discrepancy arising from these Terms shall be governed by the laws of the respective Business Entity’s country of incorporation, without regard to its conflict of law principles.
Save as otherwise provided in the Dispute Resolution Mechanism Clause, any dispute, claim, or controversy arising out of or in connection with these Terms shall be resolved through arbitration as set forth in the Arbitration Clause. Notwithstanding the foregoing, in the event that arbitration is not available or enforceable, or for the purpose of enforcing an arbitral award, the dispute shall be subject to the exclusive jurisdiction of the courts located in the country in which the respective Business Entity you are dealing with is incorporated. You agree to submit to the exclusive jurisdiction of such courts, and expressly waive any objection to venue or jurisdiction in these courts, regardless of where you are located or where the dispute arises.
Dispute Resolution Mechanism
All disputes or discrepancies that may arise under this Agreement shall be referred to and finally resolved by arbitration administered in accordance with the arbitration rules of the country in which the respective Business Entity you are dealing with is incorporated, for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat and venue of the arbitration shall be in the country of incorporation of the relevant Business Entity. The arbitration tribunal shall of three arbitrators, where one arbitrator shall be chosen by you, one appointed by the relevant Business Entity, and in turn both the arbitrators shall decide the third arbitrator. The award rendered by the arbitrators shall be final and binding on the parties. The language of the arbitration shall be English.