Home
About Us
Video Gallery
Audio Gallery
Photo Gallery
Rushabh Art Gallery
Free Download
Online Enquiry
Events
Contact Us

 

TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.rushabhcreations.com Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.


INTRODUCTION

Welcome to the rushabhcreations.com ("Website" or "rushabhcreation.com") service provided by Rushabh creation. This website is owned and operated by Rushabh Creation, Registered office: Shop No. 4, Minal Apartment, Shradhanad road, Vile Parle (east), Mumbai - 400 057, Maharashtra.. In using the rushabhcreations.com service, of Rushabh Creation you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website. If you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website, videotech1985@gmail.com, 09820822552, 022 – 26179114.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un¬discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Exotic India and shall not transact or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. Rushabh Creation reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

Charges

Membership on the Website is free. There is no charge or fee for browsing and buying products on the Website. However we reserve the right to charge fee and change its policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event We reserve, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.

USE OF THE WEBSITE


You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information which:

belongs to another person and to which You does not have any right to.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way.
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture¬installed copy¬protect devices, or providing pirated music or links to pirated music files;
contains restricted or password¬only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website. Throughout this Terms of Use, Exotic India's prior written consent" means a communication coming from Exotic India's legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; You shall not use any "deep¬link", "page¬scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

You shall not use any "deep¬link", "page¬scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Rushabh Creation , rushabh creations, rushabhcreation.com, rushabhcreations.com or otherwise engage in any conduct or action that might tarnish the image or reputation, of Exotic India, or its suppliers or otherwise tarnish or dilute any

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Exotic India and / or others.

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, "look and feel" and arrangement of such Content, contained on the Website is owned and controlled  by us.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You

(1) do not remove any proprietary notice language in all copies of such documents,

(2) use such information only for your personal, non¬commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

(3) make no modifications to any such information, and

(4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e¬mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, " Content"). Such Content will become our property and You grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Other Businesses

Rushabh Creation does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Rushabh Creation  assumes no responsibility for examining or evaluating the products and services offered by them. Rushabh Creation does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Rushabh Creation does not endorse, in any way, any third party website(s) or content thereof.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is displayed on this website. If You object to Your Information being transferred or used in this way please do not use Website.

MANDATORY DECLARATION –

COMPUTERS You hereby declare that You have provided all necessary Legal Details for the shipment of the product to the destination specified by You in the Order. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

Disclaimer Of Warranties And Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that:

This Website will be constantly available, or available at all; or The information on this Website is complete, true, accurate or non¬misleading.

We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.

We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind.

All the Products sold on Website are governed by different state laws and if we are unable to deliver such Products due to implications of different laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any  calls or SMS.

Services

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: Lack of authorization for any transaction/s, or Exceeding the preset limit mutually agreed by You and between your "Bank/s", or Any payment issues arising out of the transaction, or Decline of transaction for any other reason/s. Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

Breach

Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:

If You breach the Terms of Use or Privacy Policy or other rules and policies, if any;

If we are unable to verify or authenticate any information You provide; or

If it is believed that Your actions may cause legal liability for You, other users or us.

We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.

Trademark, Copyright and Restriction

This site is controlled and operated by Rushabh Creation and goods are sold by Rushabh Creation . All material on this site, including images, illustrations, audio clips, and video clips, owned and controlled by us or by other parties that have licensed their material to us. Material on Website owned, operated, licensed or controlled by us is solely for Your personal, non¬commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e¬mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non¬commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Risk of loss

All items purchased on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier.

Product Description

We try to be as accurate as possible. However, we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error¬free. If a product offered by us on the Website itself is not as described, Your sole remedy is to return it in unused condition.

Pricing/Typographical error

If Rushabh Creation comes across any difference in pricing resulting from typographic errors w.r.t pricing or product information, Rushabh Creation  shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from You within 10¬15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.

Limitation of Liability

IN NO EVENT SHALL RUSHABH CREATION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF RUSHABH CREATION HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Our Contact

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to videotech1985@gmail.com.