At Fulcrum, we respect your privacy and are committed to protecting it through our compliance with this policy.
- 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.
- 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 5th 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.
- 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;
- The terms ‘We’, ‘Us’& ‘Our’ shall mean the Company.
- The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The User unequivocally agrees that this Policy and the aforementioned Terms 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.
- The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms 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.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
- The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time on the Website, including but not limited to the User’s user name, passwords, email address, name, address, age, date of birth, sex, nationality, browsing history, etc., as well as any images or other information uploaded/published by the User on the Website. The User is aware that this information will be used by the Company/Website to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the Website to make its users’ experiences safer and easier.
- The User is aware that the Company/Website may automatically track certain information about the User based upon the User’s IP address and the User’s behavior on the Website, and the User expressly consents to the same. The User is aware that this information is used to do internal research on user demographics, interests, and behavior, to enable the Company/Website to better understand, and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website, the URL which the User subsequently visits (whether or not these URLs form a part of the Website), the User’s computer & web browser information, the User’s IP address, etc.
- The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company/Website, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User’s activities or postings on the Website, etc., may be collected and complied by the Company/Website into a a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
- The User is aware that while he/she can browse some sections of the Website without being a registered user, certain activities require the User to provide valid personal information to the Company/Website for the purpose of registration. The User is aware that the contact information provided to the Company/Website may be used to send the User offers and promotions and the User hereby expressly consents to receiving the same.
- The User is aware that the Company/Website may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like zip code, age, income bracket, sex, etc.). The User is aware that this data to is used to customize the Website for the benefit of the User, and providing all users of the Website with products/services/content that We believe they might be interested in availing of, and also to display content according to the User’s preferences.
3. DIVULGING/SHARING OF PERSONAL INFORMATION
- The User is aware that We may share the User’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Website’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
- The User is aware that we may disclose personal information if required to do so by law or if We, in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. We may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
- The User is further aware that the Company may share / sell some or all of the User’s personal information with other business entities should the Company (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
5. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company/Website uses third-party advertising companies to serve ads to You. The User is aware that these companies may use information relating to the User’s visits to the Website and other websites in order to provide customised advertisements. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the User. The Company/Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.
6. USER’S CONSENT
By using the Website and/ or by providing information to the Company through the Website, the User consents to the collection and use of the information disclosed by the User on the Website in accordance with this Policy, including but not limited to the User’s consent the Company/Website sharing/divulging the User’s information, as per the terms of this Policy.
7. GRIEVANCE OFFICER
In accordance with the provisions of the IT Act, the name and contact details of the Grievance Officer are provided below:
Name: Abdulla Khan
8. DISPUTE RESOLUTION AND JURISDICTION
- 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.
- This Policy and the Terms shall be governed by and construed in accordance with the applicable laws in Thailand. This Policy and the Terms 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.