Terms and Conditions

TERMS OF USE

1.GENERAL

1. This document is an electronic record in terms of Information Technology Act, 2000 and rules framed there under, as applicable and as amended form time to time (“IT Act”). This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. This document is published in accordance with the provisions of the IT Act that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website (defined hereinafter).
3. The domain name www.fulcrumventures.asia along with its content ("Website"), is owned and operated by Mirai Builders Private Limited (“Company”), a private company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at 5^th Floor TC/G5/5 Cyber Heights Vibhuti Khand Gomtinagar, Lucknow, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
4. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

1. The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Thailand Contract Act, 1872;
2. The terms ‘We’, ‘Us’& ‘Our’ shall mean the Company; and

• The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

2.Use

1. The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy (available at www.fulcrumventures.asia) (“Policy”), and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Accessing the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy and the User expressly agrees to be bound by the same.
2. By proceeding to access the Website, the User agrees that these Terms and the Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website constitutes the User’s full and final acceptance of the Policy and the aforementioned Terms.
3. The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Terms and the aforementioned Policy without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website.

3.Representations

1. The User is hereby informed that this Website and its contents are provided on "as is" basis. The Company makes no representation/s or warranties of any kind regarding the accuracy, correctness, adequacy, completeness or suitability of this website and/or its contents. Although the Company shall endeavor to keep the website updated at all times, it shall have no obligation to do so. The Company hereby, expressly disclaims any legal liabilities with respect to mistakes, omissions, inaccuracies and typographical errors in this website and/or its content/s.
2. No information given under this Website creates a warranty or expand the scope of any warranty that cannot be disclaimed under applicable law. Your use of the website is solely at your own risk. This website is for guidance only. It does not constitute part of an offer or contract. Design & specifications are subject to change without prior notice. Computer generated images are the artist's impression and are an indicative of the actual designs.
3. The User acknowledges that the content available on the website is for guidance, illustrative and general use only. The User acknowledges that nothing on the website shall be construed as any kind of advice, including but not limited to financial advice, legal advice etc.

1. This is not an offer, an invitation to offer and/or commitment of any nature. The images includes artistic impressions and stock images. The Designs, dimensions, cost, facilities, plans, images, specifications, furniture, accessories, paintings, items, electronic goods, additional fittings/fixtures, decorative items, false ceiling including finishing materials, specifications, shades, sizes and colour of the tiles and other details shown in the images are only indicative in nature and are only for the purpose of illustrating/indicating a possible layout and do not form part of the standard specifications/amenities/services to be provided in the flat. Recipients are advised to use their discretion in relying on the information/amenities described/shown therein. All specifications of the flat shall be as per the final agreement between the Parties

4.THIRD PARTY LINKS

This Website may contain links to certain websites which are owned, operated or controlled by third parties. The Company shall not be responsible for the privacy practices or the content of such other websites expressly disclaim all liability associated with the content and its use thereof.

5.DISCLOSURE AND USE OF INFORMATION

1. The Company shall be the sole owner of the information collected on the website. The Company shall endeavor not disclose, share, sell or rent any information to any third parties. The Company shall take all reasonable and necessary steps to protect personal information, subject to clause 5b mentioned hereinafter.
2. Disclosure of information shall be, however, made when required by law or legal process or by any governmental authority. The Company may also share such information that is statistical or demographical in nature with marketing partners, advertisers or other third parties. The Company may also disclose information to its employees, agents or affiliate/group companies on a need-to-know basis, at its discretion.

6.LIMITATION OF LIABILITY

In no event will the Company be liable for claim made by the users including seeking any cancellation for any of the inaccuracies in the information provided in this Website, though all efforts have to be made to ensure accuracy. The Company under no circumstance will be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of the Website. The Company also disclaims all liability that may arise from any virus or computer programs that may affect the Users device.

7.INTELLECTUAL PROPERTY RIGHTS

The User acknowledges and accepts that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of our websites are the property of the Company and/or persons authorized on its behalf. No part of the website, their content or any of their underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without prior written consent.

8.RERA COMPLIANCE

The particulars contained on the mentions details of the projects/developments undertaken by the Company including depicting banners/posters of such projects. The contents are being updated in terms of the stipulations / recommendations under the Real Estate Regulation Act, 2016 and rules made thereunder ("RERA") and accordingly may not be fully in line thereof as of date. You are therefore required to verify all the details, including area, amenities, services, terms of sales and payments and other relevant terms independently with the sales team/ company prior to concluding any decision for buying any unit(s) in any of the said projects. Till such time the details are fully updated, the said information will not be construed as an advertisement. To find out more about a project / development, please telephone our sales centre or visit our sales office during opening hours and speak to one of our sales staff.

9.GRIEVANCES

In accordance with the provisions of the IT Act, the name and contact details of the Grievance Officer are provided below:

Name: Abdulla Khan

E-mail: contact@fulcrumventures.asia

10.DISPUTE RESOLUTION

1. All disputes and differences between the Parties hereto including as to the interpretation of any provision of this Agreement shall be referred to the Sole Arbitration of a person nominated by the Company and the provisions of the Arbitration and Conciliation Act, 1996 will apply to such arbitral proceedings.
2. These Terms and the Policy shall be governed by and construed in accordance with the applicable laws in Thailand. These Terms and the Policy shall form a valid and binding agreement amongst the parties and shall be deemed to have been entered into Thailand and the courts in Lucknow alone will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning this Agreement or any rights, duties, obligations or liabilities arising thereunder.