Terms of Use — Birla Elevators
Welcome
to Birla
Elevators Limited (“Birla
Elevators,”
“Company,”
“we,”
“us,”
or “our”). Thank you for being here and taking the time to explore
our Digital Platforms (as defined below).
These
Terms of Use (“Terms”)
govern your access to and use of the website https://birlaelevators.com (the “Website”),
the Birla Elevate Plus (the “App”),
and all associated digital interfaces, content, and online services operated by the Company (collectively
referred to as the “Digital Platforms”).
Who We Are
Birla Elevators is one of India’s pioneering
engineering companies with a legacy of innovation and excellence spanning several decades. We specialise in
the design, manufacture, installation, and maintenance of elevators and escalators for residential,
commercial, and industrial spaces across India.
The Digital Platforms are provided by Birla Elevators
Limited, a company incorporated under the Companies Act, 2013, having its registered office at A-20,
Industrial Area, Meerut Road, Ghaziabad – 201003, Uttar Pradesh, India.
Our Digital
Platforms
When you access or use our Digital Platforms, you may
choose to create a User Account (defined below), raise service requests, access maintenance
information, or interact with other features that we may make available from time to time. Through our Digital
Platforms, you can explore our range of elevators, submit enquiries, request maintenance or installation
support, and access resources related to our products and Services (defined below).
Our Services include but are not limited
to:
- · providing details about our elevators, maintenance,
and related Services;
- · enabling you to raise and manage installation or
service requests; and
- · offering online tools and communication channels that
help you stay informed and connected with us.
By accessing or using our Digital Platforms, you confirm
that you accept the following Terms and any other terms or policies that may apply to certain
Services.
If there is a conflict between the
Terms and any other specific terms of use posted for specific Services on our Digital Platforms, the latter
shall have precedence with respect to your use of that part of the Digital Platform(s).
You are
requested to read the Terms carefully before you use our Digital Platforms.
If you do not agree to these Terms, you must not use our
Digital Platforms.
- 1. Definitions
- 1.1. “Applicable Laws” means all laws, statutes, rules, regulations,
ordinances, and governmental or judicial orders that are applicable to your use of our Digital Platforms and
the subject matter of these Terms, including without limitation any data protection, privacy, consumer
protection, or cybersecurity laws, such as the Information Technology Act of 2000, the Digital Personal Data
Protection Act, 2023, the Digital Personal Data Protection Rules, 2025 and any other relevant data
protection and cybersecurity laws of India.
- 1.2. “App” means the Birla Elevate Plus operated by the Company,
through which Users may access certain Services.
- 1.3. “Content” means all information, data, text, images,
graphics, audio, video, software, interfaces, design elements, and other materials made available by Birla
Elevators on the Digital Platforms.
- 1.4. “Cookies” means small text files placed on a
User’s device to help the Digital Platforms function efficiently, improve performance, and analyse
usage, as described in the Company’s Cookie Policy.
- 1.5. “Digital Platforms” refers collectively to the
Website https://birlaelevators.com, the Birla Elevate Plus, and any other online
interface, application, or digital service operated by the Company.
- 1.6. “Personal Data” means any data about an individual who is
identifiable by or in relation to such data, as defined under Applicable Law.
- 1.7. “Products” means elevators, escalators, and any related
equipment, components, accessories, or systems designed, manufactured, supplied, or marketed by Birla
Elevators through its Digital Platforms.
- 1.8. “Services” means the maintenance, inspection, and repair
activities carried out by Birla Elevators to ensure the safe, reliable, and efficient operation of installed
elevators in accordance with applicable safety standards and manufacturer guidelines.
- 1.9. “Smart Customer Connect /
Feedback” means the
customer support and feedback feature available through the Digital Platforms, allowing Users to share
feedback, raise queries, or report concerns directly to Birla Elevators.
- 1.10. “Third-Party Links” means any external websites, applications,
online resources, or digital services, including those operated by third-party service providers engaged by
Birla Elevators, that not owned or operated by Birla Elevators that may be linked or accessible through the
Digital Platforms.
- 1.11. “Updates” means any modifications, enhancements,
corrections, or new features introduced by Birla Elevators to its Digital Platforms, Products, or
Services.
- 1.12. “User” or “you” means any person who accesses, uses, or
interacts with the Digital Platforms or any of the Products or Services offered therein, whether in an
individual capacity or on behalf of an organisation.
- 1.13. “User Account” means the personal account created by a User
on the Digital Platforms to access certain features, submit requests, or avail Services offered by Birla
Elevators.
- 1.14. “Usage Data” means information automatically collected when
you access or use the Digital Platforms, including details such as your device type, browser information, IP
address, date and time of access, interaction patterns, pages visited, time spent on pages, and other
diagnostic or technical data generated through your use of the Digital Platforms.
- 2. Additional Terms
The following additional terms form an integral part of
these Terms and apply to your use of our Digital Platforms:
- 2.1. Our App Privacy
Policy https://apppolicy.birlaelevators.com/privacy_policy.html , which explains how we collect, use, store, and
protect your Personal Data when you access or interact with the Birla Elevate Plus App.
- 2.2. Our Cookie Policy https://birlaelevators.com/cookie-policy.php , which provides detailed information about the use of
cookies and similar technologies on our Digital Platforms.
- 2.3. Our Website Privacy
Policy which explains how we collect, use, store, and protect
your Personal Data when you access or interact with our website.
- 2.4. Any Service specific terms, including
installation, maintenance, or support service arrangements, which may be communicated separately at the time
of availing such Services. In the event of any inconsistency between these Terms and the Service-specific
terms, the latter shall prevail for that particular Service.
- 3. Eligibility
- 3.1. To
access and use our Digital Platforms, you must meet the following conditions:
- 3.1.1. You must be at least 18 years of
age to use our Digital Platforms independently;
- 3.1.2. If you are below the age of 18
years, you may only use our Digital Platforms under the supervision of a parent or legal guardian who
agrees to be bound by these Terms;
- 3.1.3. You
must have the legal authority to enter into a contract under the Applicable Laws and specifically into
these Terms;
- 3.1.4. If
you are creating a User Account or using the Digital Platforms on behalf of a company, organisation, or
other legal entity, you must have the necessary authority to bind that entity to these Terms.
- 3.2. By using our Digital Platforms, you
represent and warrant that you satisfy all of the above eligibility requirements. If you do not, you must
not use our Digital Platforms.
- 4. Account Creation and
Responsibilities
- 4.1. In order to access certain features of
our Digital Platforms, including availing our Services, you may be required to create a User Account with us
on our Digital Platforms.
- 4.2. When creating a User Account, you
agree to:
- 4.2.1. Provide accurate, complete and
up-to-date information;
- 4.2.2. Keep your login credentials
confidential and secure; and
- 4.2.3. Promptly update any information
in your User Account to ensure it remains current and accurate.
- 4.3. You are solely responsible for all
activities that occur under your User Account. If you suspect or become aware of any unauthorised use of
your User Account or any other breach of security, you must immediately notify Birla Elevators vide our
contact details provided in the “Contact Us” section of these Terms.
- 4.4. We reserve the right to suspend, restrict, or terminate your User
Account, or otherwise limit your access to the Digital Platforms, if we have reason to believe that:
- 4.4.1. The information provided by you
is false, inaccurate, or incomplete;
- 4.4.2. Your User Account is being used
in violation of these Terms or any Applicable Law;
- 4.4.3. Your User Account is being
misused for fraudulent, abusive, or unlawful purposes; or
- 4.4.4. Such action is necessary to
protect the security, integrity, or reputation of Birla Elevators, its Digital Platforms, or other
Users.
- 4.5. Your User Account, including any
access credentials, permissions, or linked records, is personal to you and may not be transferred, sold,
assigned, or otherwise shared with any third party without our prior written consent.
- 4.6. In the event your Account is suspended
or terminated for violation of these Terms or Applicable Law, any such balances, rewards, or credits may be
forfeited at our sole discretion, without any liability to you.
- 4.7. If you are under the age of 18, your
parent or legal guardian is responsible for the creation, supervision, and ongoing use of your User Account
and, by permitting you to access the Digital Platforms, accepts liability for all activities carried out
through that User Account.
- 5. Acceptable Use of Our Digital
Platforms
- 5.1. We are the owner or the licensee of
all intellectual property rights on our Digital Platforms and in the content published on them, including
but not limited to text, images, product descriptions, specifications, schematics, graphics, logos, videos,
software, and any other materials made available to you.
- 5.2. Our status (and that of any
identified contributors) as the authors of Content on our Digital Platforms must always be
acknowledged.
- 5.3. You must not use any part of the
Content on our Digital Platforms for commercial purposes without first obtaining a written licence or
authorisation from Birla Elevators. You may not resell, redistribute,
- 5.4. mirror, or otherwise commercially
exploit any portion of our Digital Platforms or the Services offered therein without our express written
consent.
- 5.5. You must not misuse the Digital
Platforms by knowingly introducing viruses, trojans, worms, logic bombs, or any other malicious or
technologically harmful materials.
- 5.6. You must not attempt to gain
unauthorised access to the Digital Platforms, the servers on which they are stored, or any server, computer,
network, or database connected to them, nor attempt to disable, bypass, or otherwise interfere with any
security or authentication features of the Digital Platforms.
- 5.7. You must not use the Digital Platforms
in a way that could damage, disable, overburden, or impair our systems, servers, or network infrastructure,
or that interferes with any other person’s access to or use of the Digital Platforms or the
Services.
- 5.8. You must not attempt to reverse
engineer, decompile, de-encrypt, or otherwise derive the source code, architecture, or underlying logic of
any software, system, or tool used on our Digital Platforms.
- 5.9. You must not use any robot, spider,
crawler, scraper, or other automated process, or any manual process with similar effect, to access, copy, or
monitor any part of our Digital Platforms or Content without prior written consent.
- 5.10. When creating a User Account or
submitting any form or request through our Digital Platforms, you must not provide false, misleading, or
inaccurate information. You are responsible for ensuring that all information you provide, including
Personal Data, is accurate, complete, and up to date.
- 5.11. When communicating with our service
teams, customer representatives, or other Users through the Digital Platforms, you must maintain
professional and respectful conduct. You must not engage in any behaviour that constitutes abuse,
harassment, discrimination, intimidation, or otherwise interferes with a safe and courteous
environment.
- 6. Intellectual Property
- 6.1. Our Digital Platforms and all Content
made available on them are protected by applicable copyright, trademark, design, and other intellectual
property laws of your jurisdiction. All such rights are owned by or lawfully licensed to Birla Elevators
Limited.
- 6.2. All trademarks, service marks, trade
names, logos, domain names, product designs, and brand features displayed on the Digital Platforms,
including those associated with the “Birla Elevators” marks, are the exclusive property of
Birla Elevators Limitedor its licensors. Nothing in these Terms shall be construed as granting you any
right, title, or licence to use any of these marks or materials without our prior written consent.
- 6.3. Birla Elevators grants you a limited,
personal, non-exclusive, non-transferable, and revocable licence to access and use the Digital Platforms for
your personal and lawful use, solely in connection with the Services, and subject to compliance with these
Terms.
- 6.4. You may not copy, reproduce, modify,
distribute, transmit, display, perform, publish, licence, create derivative works from, transfer, or sell
any information, software, materials, or Services obtained from our Digital Platforms, except as expressly
permitted under these Terms or with our prior written authorisation. You must not reproduce or frame any
part of the Digital Platforms or their Content on any other website or medium.
- 6.5. Any unauthorised use of the Digital
Platforms or their Content shall result in the immediate termination of the limited licence granted herein,
without prejudice to any other rights or remedies available to Birla Elevators under applicable law. Upon
such termination, you must promptly destroy or delete all copies of any downloaded or printed materials in
your possession, custody, or control.
- 7. Confidentiality
- 7.1. In
the course of accessing or using our Digital Platforms or communicating with us, you may receive or share
information that is confidential in nature, including but not limited to Personal Data, technical data,
business information, maintenance records, proprietary documentation, design details, or any other
non-public information relating to Birla Elevators, its operations, or Services (“Confidential
Information”).
- 7.2. You agree to keep all such
Confidential Information strictly confidential and not to disclose, reproduce, distribute, or otherwise make
such information available to any third party without our prior written consent, except where disclosure is
required under Applicable Law or pursuant to a lawful direction of a competent authority.
- 7.3. You further agree that you shall not
use any Confidential Information for any purpose other than to access or use the Digital Platforms or the
Services in accordance with these Terms. You shall employ the same degree of care to safeguard the
Confidential Information as you use to protect your own confidential information, but in no event less than
a reasonable degree of care.
- 7.4. The obligations set out in this clause
shall not apply to information that:
- 7.4.1. Is or becomes public other than
through a breach of these Terms;
- 7.4.2. Was lawfully in your possession
before being disclosed by us;
- 7.4.3. Is independently developed by
you without reference to our Confidential Information; or
- 7.4.4. Is required to be disclosed
under Applicable Law, in which case you must promptly notify us and cooperate with us to seek an
appropriate protective remedy, where legally permissible.
- 7.5. All Confidential Information,
including any copies or reproductions thereof, shall remain the sole property of Birla Elevators and shall,
upon written request or upon termination of your use of the Digital Platforms, be returned or permanently
deleted, as applicable.
- 7.6. The confidentiality obligations
contained in this clause shall survive the termination or expiry of these Terms and shall continue for as
long as such Confidential Information remains non-public.
- 8. Data Privacy
- 8.1. By using our Digital Platforms, you
acknowledge that we will collect, use, and process your Personal Data in accordance with our App Privacy
Policy https://apppolicy.birlaelevators.com/privacy_policy.html and Website Privacy Policy https://apppolicy.birlaelevators.com/privacy_policy.html, which form an integral part of these Terms.
- 8.2. These policies explain how we collect,
use, disclose, and safeguard your information when you interact with our Digital Platforms. We encourage you
to read them carefully to understand your rights and our practices.
- 8.3. By continuing to use our Digital
Platforms, you consent to the handling of your Personal Data in the manner described in these policies and
in compliance with Applicable Laws.
- 9. Safety of Your User Account
- 9.1. If you create a User Account or are
provided with a user identification code, password, or any other piece of information as part of our
security procedures, you must treat such information as strictly confidential. You must not share, disclose,
or otherwise make it accessible to any third party.
- 9.2. We reserve the right to suspend,
restrict, or disable your user account or access credentials at any time if we reasonably believe that you
have failed to comply with these Terms or if it is necessary to protect the security or integrity of our
Digital Platforms.
- 9.3. You are solely responsible for all
activity that occurs under your account. If you know or suspect that anyone other than you knows your login
credentials, you must promptly notify our Grievance Officer, Anurag Manglik (Grievance officer) at grievance@birlaelevators.com .
- 10. Security of Our Digital Platforms
- 10.1. We take cybersecurity seriously and
have implemented reasonable technical and organisational measures to protect our Digital Platforms. However,
no system can be guaranteed to be completely secure or free from malware, viruses, or other harmful
components.
- 10.2. You are responsible for ensuring that
your devices, software, and network connections are configured securely when accessing our Digital
Platforms. You must use appropriate security safeguards such as updated antivirus software, firewalls, and
strong passwords to protect your own systems and data.
- 10.3. Any misuse of our Digital Platforms
in violation of these Terms, including but not limited to the introduction of malware or attempts at
unauthorised access, may constitute a criminal offence. We reserve the right to report such breaches to the
relevant law enforcement authorities, and your right to use our Digital Platforms will cease
immediately.
- 11. Third Party Content
- 11.1. Our Digital Platforms may include or
provide access to Third Party Links, which may redirect you to websites, applications, or content not owned
or controlled by Birla Elevators. These Third Party Links are provided solely for your convenience. We do
not endorse, monitor, or assume responsibility for any such third-party content, products, or
services.
- 11.2. By accessing or using any Third Party
Links through our Digital Platforms, you acknowledge and agree that you do so entirely at your own
discretion and risk. We are not responsible for the availability, accuracy, reliability, or practices of
such third parties, nor for any loss or damage that may result from your use of them. We encourage you to
review the terms of use and privacy policies of those third parties before engaging with their websites or
services.
- 11.3. You agree not to post, upload, or
distribute content on our Digital Platforms that infringes upon the intellectual property rights or other
rights of any Third Party.
- 11.4. We reserve the right, at our sole
discretion, to remove or restrict any content that violates these Terms or is otherwise deemed unlawful,
harmful, or inappropriate.
- 12. Beta Services
- 12.1. We may, from time to time, make
certain new features or functionalities of its Digital Platforms available as beta or pilot services for
limited testing and feedback purposes. Such beta services are provided on an “as is” and
“as available” basis.
- 12.2. Beta services may not be fully
functional, may contain errors, or may be subject to change, suspension, or discontinuation at any time
without prior notice. Birla Elevators does not make any warranties, representations, or commitments
regarding the performance, reliability, or availability of any beta service.
- 12.3. By choosing to access or use any beta
service, you acknowledge that such use is at your sole discretion and risk, and that Birla Elevators shall
not be liable for any loss, damage, or inconvenience arising out of or in connection with your use of such
beta services.
- 13. Termination of Access
- 13.1. Birla Elevators reserves the right to
suspend or terminate your access to the Digital Platforms, in whole or in part, at any time and at its sole
discretion, including where it reasonably believes that you have violated these Terms, any Applicable Law,
or have engaged in misuse, fraud, or other unauthorised activity.
- 13.2. If you wish to raise any concern or
grievance relating to our Digital Platforms, you may write to our Grievance Officer, Anurag Manglik (Grievance officer) at grievance@birlaelevators.com
- 13.3. Upon termination of your access, your
right to use the Digital Platforms shall immediately cease. Any provisions of these Terms that by their
nature are intended to survive termination shall continue to remain in force.
- 14. Suspension or Discontinuation of our Digital
Platforms
- 14.1. We do not guarantee that the Digital
Platforms, or any Content available on them, will always be available, uninterrupted, or error-free. Birla
Elevators may suspend, withdraw, restrict, or modify the availability of all or any part of the Digital
Platforms at any time for business, maintenance, or operational reasons. Where practicable, we will provide
reasonable notice of such suspension or discontinuation. We shall not be liable to you or any third party
for any loss, damage, or inconvenience arising out of or in connection with any such downtime, suspension,
or discontinuation.
- 14.2. Information made available on the
Digital Platforms, including descriptions of Products and Services, is provided for general reference
purposes. While we strive to ensure accuracy, such information may not always be complete, current, or
error-free. Any Service-related transaction or request made through the Digital Platforms shall also be
governed by the relevant policies published on them.
- 15. No Warranties
- 15.1. The Digital Platforms, together with
all Content, information, materials, and software made available through them, are provided on an “as
is” and “as available” basis. We make no representations or warranties, express or
implied, including but not limited to warranties of merchantability, non-infringement, or fitness for a
particular purpose.
- 15.2. We do not warrant that the Digital
Platforms will be uninterrupted, secure, free of errors, or free from malware, viruses, or other harmful
components, or that any defects will be corrected. Your use of the Digital Platforms is at your sole
risk.
- 15.3. We are not responsible for any damage
to your device, loss of data, or other issues that may arise from your access to or use of the Digital
Platforms, or from downloading any Content available on them.
- 16. Limitation of Liability
- 16.1. To the fullest extent permitted under
Applicable Laws, neither Birla Elevators, its directors, officers, employees, affiliates, agents, or service
providers (collectively, the “Protected Entities”) shall be liable for any direct, indirect,
incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your
access to, use of, or inability to use the Digital Platforms, including but not limited to any loss of
profits, business interruption, data loss, or system failure.
- 16.2. The Protected Entities shall not be
liable for:
- 16.2.1. Any errors, inaccuracies, or
interruptions in the information, materials, or Content made available through the Digital Platforms,
whether originating from Birla Elevators or any third party;
- 16.2.2. Any unauthorised access to or
misuse of your data, transmissions, or Account, including any loss of credentials or information arising
from online security risks beyond our reasonable control;
- 16.2.3. Any act, omission, or
negligence of third parties, including our service partners, contractors, data processors, or external
websites accessible through Third Party Links, or for any loss or damage resulting from your reliance on
their content, products, or services;
- 16.2.4. Any delay, disruption, or
unavailability of the Digital Platforms or Services due to maintenance, system issues, outages, or
events beyond our reasonable control; or
- 16.2.5. Any loss, error, or issue
resulting from incorrect, incomplete, or outdated information or Personal Data submitted or provided by
you (or on your behalf) through the Digital Platforms, including where such inaccuracy affects Service
requests, maintenance scheduling, or communications.
- 16.3. In jurisdictions that do not permit
the exclusion or limitation of certain liabilities, the liability of the Protected Entities shall be limited
to the maximum extent permitted by law.
- 16.4. The Protected Entities shall not be
liable for any acts, omissions, representations, or conduct of our employees, agents, ambassadors, or other
representatives acting in their personal capacity and outside the scope of their engagement with Birla
Elevators.
- 17. Indemnity
- 17.1. You
agree to indemnify and hold harmless Birla Elevators, its officers, directors, employees, agents,
affiliates, and service providers (collectively, the “Indemnified
Parties”)
from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable
legal fees) arising out of or in connection with:
- 17.1.1. Your
access to or use of the Digital Platforms or Services;
- 17.1.2. Any data, information, or
materials submitted, uploaded, or otherwise provided by you through the Digital Platforms;
- 17.1.3. Your violation of these Terms
or of any Applicable Law, regulation, or third-party right, including intellectual property or privacy
rights; or
- 17.1.4. Any fraudulent, negligent, or
unlawful act or omission by you in connection with your use of the Digital Platforms.
- 17.2. This indemnity will survive the
suspension, termination, or discontinuation of your Account or access to the Digital Platforms.
- 18. Assignment
- 18.1. We may transfer, assign, or delegate
our rights and obligations under these Terms to another organisation, including any successor entity,
affiliate, or group company. We will use reasonable efforts to ensure that any such transfer does not
adversely affect your rights under these Terms.
- 18.2. You may not assign or transfer your
rights or obligations under these Terms to any third party without our prior written consent.
- 19. Force Majeure
- 19.1. We shall not be responsible or liable
for any delay or failure to perform our obligations under these Terms where such delay or failure results
from circumstances beyond our reasonable control. Such circumstances include, but are not limited to, acts
of God, natural disasters, pandemics, strikes, labour disputes, wars, hostilities, civil unrest, government
restrictions, power or internet outages, failures of telecommunications or logistics networks, or any
similar events.
- 19.2. In the event of such an occurrence,
our obligations shall be suspended for the duration of the event, and we will take reasonable steps to
resume normal operations as soon as practicable.
- 20. Territorial Scope and
Jurisdiction
- 20.1. Our Digital Platforms and Services
are intended for use by individuals and organisations in India and are subject to Applicable Laws of India.
We do not represent that the Content or features available on or through our Digital Platforms are
appropriate, lawful, or available for use in all jurisdictions. Accessing our Digital Platforms from
locations where such access is unlawful or restricted is prohibited. You are responsible for ensuring that
your use of our Digital Platforms complies with all local laws applicable to you.
- 21. Governing Law
- 21.1. Please note that these Terms, their subject matter and their
formation, are governed by the laws of India. You and we both agree that the courts of Ghaziabad, India have
exclusive jurisdiction in case of any dispute.
- 22. Dispute Resolution
- 22.1. These Terms
constitute the entire agreement between Birla Elevators and you
with respect to your use of the Digital Platforms. Any claims you may have with respect to your use of the
Digital Platforms must be commenced within 30 days of the cause of action.
- 23. Changes to the Terms
- 23.1. We reserve the right to modify,
amend, or update these Terms at any time, at our sole discretion, to reflect changes in Applicable Law,
operational requirements, or improvements to our Digital Platforms or Services.
- 23.2. The ‘Last Updated’ date
at the top of these Terms will indicate when changes were last made. You are encouraged to review these
Terms periodically to stay informed.
- 23.3. Your continued use of our Digital
Platforms following any revisions constitutes your acceptance of the updated Terms. If you do not agree with
the changes, you must immediately discontinue use of our Digital Platforms.
- 24. Waiver
- 24.1. No waiver by us of any breach or
default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default. Any
waiver must be in writing and duly authorised by us to be effective.
- 25. Severability
- 25.1. If
any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent
jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall remain
valid and enforceable to the fullest extent permitted by law.
- 26. Contact Us
- 26.1. For any complaints or concerns
regarding our Digital Platforms’ Content or any breaches of these Terms, you may contact our Grievance
Officer in writing at the following address: Anurag Manglik (Grievance officer) grievance@birlaelevators.com