Privacy Policy

1. SCOPE

  1. This internet resources and domains, www.bharatnxt.com, on the world wide web, and the application titled “BharatNXT” (“Application”) is owned and hosted by FCAP Technologies Private Limited, having its registered office at 1412- A, Beverly Park 2 DLF Phase 2, MG Road, Gurgaon, Haryana - 122002, under the brand name “BharatNXT” (hereinafter referred to as “BharatNXT”, which also includes BharatNXT’s affiliates, successors and assigns). BharatNXT is committed to protecting the User’s information and privacy. BharatNXT facilitates the Users to make online rent payment, utility payments, GST payment, vendor payment, or such other business payments through the the Application (“Services”), and shall include any other services provided by BharatNXT from time to time. Users agree to take full responsibility for the Transactions made on the platform with respect to nature of transaction, beneficiary and the tax implications pertaining to the same. For the purposes of this Privacy Policy, a “Transaction”means a payment instruction that results in the successful transfer of monies or settlement from a User to a payee.
  2. This Privacy Policy is designed to help the User understand how BharatNXT may collect, process, store and use the information provided by the User to BharatNXT and to assist the User in making informed decision while using the Application and the Services.
  3. The capitalized terms used in this Privacy Policy, but not defined in this Privacy Policy, shall have the meaning given to such terms in the Terms of Service available at [●].
  4. The privacy of the personal information and data of the Users is important to BharatNXT. To better protect such privacy, BharatNXT has hereunder set out its privacy policy in relation to the Application (hereinafter referred to as the “Privacy Policy”). This Privacy Policy describes how BharatNXT will collect, receive, store, use, deal with, handle, manage, process, provide access to, share, disclose, protect and analyse the User Information (as defined below). Please read this Privacy Policy before using the Application or submitting any personal information.
  5. This Privacy Policy has been published inter alia in compliance with the provisions of the Information Technology Act, 2000 and the rules and regulations made thereunder (including, but not limited to: (i) The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011; and (ii) The Information Technology. (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021).

2. CONSENT TO THIS POLICY AND CHANGES IN POLICY

  1. By downloading and using the Application, the user (“User”) expressly gives BharatNXT consent to collect, receive, store, use, deal with, handle, manage, process, provide access to, share, disclose to and analyse the User Information in the manner set forth in this Privacy Policy. If the User does not agree to the terms of this Privacy Policy, please do not use or access the Application.
  2. By accessing the Application or by otherwise providing any User Information, each User will be deemed to have read, understood and agreed to the terms and conditions outlined in the Privacy Policy and agree to be bound by the Privacy Policy. This Privacy Policy supercedes all previous oral and written terms and conditions (if any) communicated to a User, relating to use of / accessing the Application.
  3. BharatNXT may, at any time, change, modify, add or delete any terms of the Privacy Policy, at its sole discretion, at any time, with or without advance notice. any such change, modification, addition or deletion of this Privacy Policy or any terms thereof shall be published on the Application to enable User(s) to review the same. Provided that apart from such publication, BharatNXT shall be under no obligation to inform or intimate the User(s) of any such change, modification, addition or deletion.

3. LINKS TO THIRD PARTY WEBSITES

  1. The procedures and practices set forth in this Privacy Policy describe the use and disclosure of User Information collected by BharatNXT. The Application and/or other platforms of BharatNXT, as available may contain links to other websites. Any personal information about the User collected which such User visits such websites is not governed by this Privacy Policy. The User is encouraged to exercise caution and review the privacy policies applicable to such websites before accessing them. The User acknowledges that BharatNXT shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the Application.

4. COMPETENCY TO CONTRACT

  1. By agreeing to this Privacy Policy, a User (which such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under applicable laws to accept these Terms. In case the User is a natural person who is not of the age of majority or is not competent to contract, the User may not use the Application and/or the Services, or provide any information to BharatNXT.

5. INFORMATION COLLECTION

  1. BharatNXT collects two basic types of information from a User in conjunction with a User’s use of the Application i.e. personal information, which is any information that exclusively identifies a User (e.g., the User’s name, postal address, date of birth, mobile/telephone phone number, email address, PAN, GST, financial information like bank account details, identification information amongst others) and non-personal information, which is information that does not exclusively identify a User but is related to the User nonetheless such as, information about a User’s interests, demographics and use of the Application. BharatNXT may also receive personal information regarding a User as shared by third parties who maybe BharatNXT’s clients or otherwise avail Service from BharatNXT. Please note that in such instances, BharatNXT is acting on the instructions provided by such User and BharatNXT does not separately verify the right of the User to provide User Information to BharatNXT. In case the User is not the intended recipient of the Services and/or the Application, such User should contact BharatNXT at the earliest.
  2. When the User accesses the Application to make Transactions, BharatNXT may collect information about the Transaction, as well as other information associated with the Transaction such as amount sent or requested, amount paid for products or services, payee information, including information about any funding instruments used to complete the Transaction, device information, technical usage data, and geolocation of the User.
  3. Towards the provision of the Services by BharatNXT and the use of the Application, BharatNXT shall in addition to the information described above, collect the following information from a User (“User Information”):
  4. Location Information about the location of the User’s device used to access the Application. This is used for the provision of the Services, pricing related information, for maintenance of records for audit purposes and other matters.
    Access information Passwords and other details required to access or use the Application and the Services provided by BharatNXT.
    Personal information Information about the name, email address, contact information and details of official documents. This is used for the provision of the Services and for maintenance of records for audit purposes.
    Contacts Information of contacts and accounts information to detect references and accounts information to autofill data during a User’s requests for Services.
    Other applications The User’s use of other websites or software or applications which are linked to the Application or used in the provision of the Services e.g. any third party sites though which a User may have accessed the Services.
    Transaction information Transaction related information for Transactions conducted by Users through the Services. Transaction information includes price, quantity, and any associated or supporting data related to purchase. Transaction information is used to provide the Services, facilitate the Transactions, provide support, and to operate, maintain and improve the Services.
    Billing Information To the extent permitted and required under applicable laws, billing and payment information of Users which may include a subscription number, an account number, credit card number, expiration date, billing zip code, bitcoin-related information, exchange market information, instructions for wire transfers.
    Automated collection Details of the User’s device, computer and device information, activity on the Application and other similar information. The Company collects this information for analytics, improvement of the Services and for review purposes.
    Others As may be explicitly required & requested from time to time.
  5. When the User uses the Services or access the Application, BharatNXT shall also collect Personal Data of the User and othe payee such as name, postal address, telephone number, and financial account information about the payee who is receiving money from the User. Hence, the User should ensure that the User has obtained explicit consent of the payee to share, store, process and use its information as per this Privacy Policy.
  6. BharatNXT may receive further information about the User that a User may voluntarily choose to provide BharatNXT, additional information required to resolve complaints, grievances or concerns as well as usage data. In arrangements with third parties, BharatNXT may gain access to the applications, services and features provided by the third parties.
  7. BharatNXT shall use various technologies to collect information, including cookies and web beacons. Cookies are small data files that are typically stored on User’s computer’s hard drive or in device memory that help improve the Services and User’s experience, see which areas and features of the Services are popular and count visits, manage the registration process for accounts, remember User’s site preferences, retain certain information to process Transactions, chargeback requests (as defined in the Terms of Service) and retain information to provide User with support.
  8. BharatNXT also use cookies stored in emails to confirm User’s receipt of, and response to such emails. Web beacons are electronic images that may be used in the Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.
  9. Information collected from cookies is used by BharatNXT to evaluate the effectiveness of the Application, analyse trends, probe into the difficulties that the visitors may experience in accessing the Application, and administer the Application.

6. TYPE OF INFORMATON NOT TO BE UPLOADED

  1. While accessing or using the Application or the Services, User(s) shall ensure that the User(s) do NOT host, display, upload, modify, publish, transmit, update or share any information that:
    1. the User does not have a right to make available under any law or contractual or fiduciary relationship, unless the User owns or controls the rights thereto or have received all necessary consents for such use of the content;
    2. is defamatory, vulgar, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
    3. is harmful to minors and children;
    4. infringes patent, trademark, copyright or other proprietary rights or intellectual property rights of any person or entity;
    5. violates any applicable law, regulation or generally accepted practices or guidelines in India;
    6. deceives or misleads any other user of the Application, BharatNXT or any other person the origin of any messages on the Application or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
    7. impersonates any person or entity, or falsely state or otherwise misrepresents the User’s affiliation with a person or entity;
    8. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
    9. contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Services or the Application, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users or the payees without their consent;
    10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
  2. The User shall not (a) use the Services or the Application for commercial purposes of any kind, or (b) advertise or sell the Services or the Application or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Services or the Application in any way that is unlawful, or harms BharatNXT.
  3. Notwithstanding the generality of the foregoing Clause, Users agree and undertake that the Users shall not upload any information / data on the Application, which would infringe the intellectual property rights of any third person.
  4. Each User agrees to absolve BharatNXT from and indemnify BharatNXT against any and all claims that may arise as a result of any third-party claiming infringement of intellectual property rights that may arise from any User uploading any information / data on the Application.

7. PURPOSE OF COLLECTION AND USAGE OF INFORMATION

  1. User Information will be used by BharatNXT for the purposes which BharatNXT considers necessary for achieving a seamless, efficient and safe experience, customized to a User’s needs and use the personal information to provide Services to a User, enhance the operation of the services and improve BharatNXT’s marketing and promotional efforts. The processing of the User’s Information is for the purposes of:
    1. to provide, maintain and enhance a User experience in relation to the Application;
    2. to provide and deliver the Services requested by the User, process Transaction, and send User related information including confirmations and invoices;
    3. to authenticate the Users’ KYC documents;
    4. to perform creditworthiness and other financial standing checks, evaluate applications, and compare information for accuracy and verification purposes;
    5. to send technical notices, updates, security alerts, and support and administrative messages to the User;
    6. to take up and investigate any complaints/ claim/ disputes;
    7. to respond to the queries or feedback submitted by the User;
    8. to monitor and analyze trends, usage, and activities in connection with the Services;
    9. to link or combine with information BharatNXT receives from others to understand User’s needs and provide better service;
    10. to carry out any other purpose for which the information was collected;
    11. to inform the Users of online and offline offers, products, services, and updates on the Application;
    12. to detect and protect BharatNXT against error, fraud and other criminal activity;
    13. to comply with the applicable laws and regulations this Privacy Policy; and
    14. to share the data such as back testing, user action and processed data for internal and external services with the third parties without User’s consent.
  2. SMS Data Access: BharatNxt may request access to your SMS data stored on your mobile device. By granting us this access, you allow us to collect and securely store your financial and transactional SMS data. BharatNxt values your privacy and is committed to protecting your personal information. When you grant us access to your SMS data, we securely collect only your financial and transactional SMS information. This allows us to analyse your financial profile, process transactions, verify payment details, and optimise your user experience.We collect this data for the following purposes:
    1. Verification and Security: Access to your SMS data enables us to verify the ownership and validity of credit cards used for payments, enhancing security and preventing fraudulent activities.
    2. User Experience Optimization: We utilise SMS data to provide accurate and near real-time information that helps you during the payment process and other app experiences.
    3. Payment Mode Analysis: We analyse your payment modes based on the SMS data to provide you with the best payment options and services tailored to your needs.
    4. Transaction Processing: Your SMS data helps us securely process transactions accurately and efficiently, ensuring seamless payments.
    We do not access personal SMS messages unrelated to financial and transactional information.You have the right to revoke your consent and disable SMS access at any time, although certain services may be limited without this access. We implement appropriate security measures to protect your SMS data from unauthorized access or misuse. At BharatNxt, we prioritize the privacy and security of your personal information. We employ industry-standard practices to safeguard your data and retain it only as long as necessary. You have the right to opt out of SMS access, and we will handle your data in compliance with legal and regulatory requirements. For any questions or concerns about our Privacy Policy or the collection of SMS data, please contact us using the provided contact information.

8. INFORMATION STORAGE AND DISSEMINATION

  1. User Information is stored on BharatNXT’s database servers or hosted by third parties who have entered into agreements with BharatNXT that require them to observe this Privacy Policy. Such data centres may be located in India or outside India. BharatNXT ensures that data centres are designed to be physically secure and protected from unauthorized access of User Information by unauthorized persons.
  2. Storage and transfer of User Information is carried out in compliance with all applicable laws, including without limitation, the Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. Please note that the Services have reasonable security measures, including as mentioned in Information Technology Act, 2000 in place to protect the loss or misuse of the User Information. Whenever a User changes or access the User’s account information, BharatNXT offers the use of a secure server. However, the User acknowledges that transacting over the internet has inherent risks which can only be avoided by the User following reasonable security practices, such as not revealing account/login related information to any other person and informing BharatNXT’s customer care team about any suspicious activity or where the User’s account has/may have been compromised.
  3. BharatNXT implements reasonable security practices and procedures and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of BharatNXT’s business. BharatNXT has put in place appropriate physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the User Information BharatNXT collects online.
  4. Please note that BharatNXT does not guarantee that there will be no unintended disclosures of the User Information and data provided by a User on account of a data breach, unauthorized access, security failure etc. BharatNXT cannot guarantee, give no warranties, and shall not be liable for breach of the security of User Information through the Services or the Application due to malicious attacks, errors, commission or omissions not wilfully initiated by BharatNXT and any transmission is at the risk of the User.
  5. User Information collected by BharatNXT in the provision of the Services is retained as per the arrangements with the third parties whose applications and services are used by the User. The stored User Information is used to facilitate access for the User for the applications and services of the third parties. As part of the business functionality of BharatNXT, BharatNXT may retain and submit certain User Information to the third parties as well as to appropriate legal and regulatory authorities (when requested to do so).
  6. BharatNXT may also disclose information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when BharatNXT, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply this Privacy Policy.
  7. BharatNXT shall not be responsible for any breach of security by events that are beyond the reasonable control of BharatNXT, including but not limited to, acts of God, strikes, lock-out, other industrial action, labor conflicts or problems, acts of war or civil unrest, civil commotion / disruption, riot, invasion, act of terrorism, acts of government, storm, flood, fire, earthquakes, explosion, public utility failures, industry wide shortages of labor or material, natural disaster, epidemics, pandemics (including COVID-19), lock-downs, impossibility of the use of railways, shipping line, aircraft, motor transport or other means of public or private transport, impossibility of use of public or private telecommunications networks or internet service provider failures or delays.
  8. Each User accepts and acknowledges that any User Information available with BharatNXT may also be used by BharatNXT: (a) for the purpose of providing the Services available on the Application; (b) in an aggregated or non-personally identifiable form for the purpose of research and analysis and for transfer of such research and analysis; (c) for communication purpose; (d) debugging customer support related issues; and / or (e) in anonymized form (i.e., non-personally identifiable) in order to help grow the business of BharatNXT. Each User hereby consents to such collection, use and disclosure.
  9. Where any User Information is shared with third parties for access to the applications and services of the third parties, please note that such information will be subject to the privacy and data protection terms of such third parties and BharatNXT does not assume any liability or responsibility for the same. The User is required to directly liaise with such third parties in relation to the use, storage, retention, removal and processing of the such User Information by such third parties.
  10. Additionally, User Information may be shared by BharatNXT with a third party in case of any proposed merger, acquisition or re-organization, amalgamation, restructuring of business.
  11. BharatNXT may also share Personal Data of the User with third-party service providers, banks, acquirers, payment gateways and other entities which have arrangements with BharatNXT, where the User has specifically consented to obtain services from such entities though BharatNXT or its platform.
  12. Data transfers to other countries: BharatNXT may transfer User Information to countries other than the country in which such User Information originally was collected. Those countries may not have the same data protection laws as the country in which the User has initially provided the information. When BharatNXT transfers User Information to such other countries, BharatNXT will protect such User Information as described in this Privacy Policy.

9. RETENTION OF USER INFORMATION

  1. BharatNXT shall retain the personal information of the User as long as it serves the purpose(s) for which it was initially collected as stated in the Privacy Policy or subsequently authorized. BharatNXT may continue processing User’s personal information for a period beyond such period only for the time and to the extent such processing reasonably serves the purposes of archiving, and subject to the protection of this Privacy Policy. After the expiry of this time period, BharatNXT may either delete User’s personal information or retain it in a form such that it does not identify the User personally.

10. COMMUNICATION POLICY

  1. When the User sets up an account on the Application for the provision of the Services, the User explicitly consents to receive emails and messages from BharatNXT and its service providers in connection with the provision of the Services as well as any marketing and promotional agencies. While you may opt out of promotional messages by contact BharatNXT at support@bharatnxt.in or contact the Data Protection and Grievance Officer, you cannot opt out of receiving certain administrative, financial, technical and legal information from BharatNXT in connection with the Services.

11. ALTERATION OF USER INFORMATION

  1. In case the User requests any change or deletion of User Information of the User, or permanently delete the User’s, the User must contact BharatNXT at support@bharatnxt.in or contact the Data Protection and Grievance Officer. Do note that BharatNXT is not obligated to alter or vary or delete any User Information which it is required to maintain under applicable laws or pursuant to contractual requirements of BharatNXT.

12. TERMINATION OF ACCESS

Notwithstanding anything to the contrary:
  1. where any User commits a breach of / fails to comply with any of the provisions of this Privacy Policy;
  2. where any User fails to comply with applicable law;
  3. where any User uploads or provides information or data on the Application, which is not compliant with or violates any applicable law or the Privacy Policy;
  4. where the User commits a breach of the intellectual property rights of BharatNXT and / or any third person;
  5. where BharatNXT seizes to carry on its business or the Application being taken offline;
  6. where BharatNXT has reasonable grounds for suspecting any illegal, fraudulent, unethical or abusive activity by such User;
  7. where BharatNXT is investigating any complaints or alleged violations (by such User) of the Privacy Policy, applicable law or for any other reason;
  8. where BharatNXT believes, in its sole discretion, that a User’s actions are causing or may cause legal liability for other Users and / or BharatNXT or are contrary to the interests of BharatNXT, the Apllication, the intellectual property of Privacy Policy and / or the User Information.

BharatNXT shall have the right to immediately: (a) terminate the right of access / usage of such User to the Application and the Services; (b) de-activate the account of such defaulting User; (c) investigate and take appropriate action against a User for any such alleged breach; (d) file a complaint with or report any illegal activity to the appropriate governmental / regulatory bodies or law enforcement agencies; and / or (e) take any other action deemed appropriate, under applicable law.

13. NO WARRANTY FOR ACCURACY AND COMPLETENESS OF DATA

  1. Each User hereby undertakes to ensure that any information / data uploaded through the Services shall be accurate and complete in all respects and that no false or misleading information / data shall be provided to BharatNXT
  2. BharatNXT hereby states and each User hereby accepts and acknowledges that the Services and Application displays / transmits information on an “as-is” and “as available” basis and makes no representation or warranty regarding the accuracy or completeness of such information / data. As such, BharatNXT strongly encourages Users to check the accuracy and completeness of the information provided by them and BharatNXT does not assume any liability for any incorrectness in transmission. In case of any errors, BharatNXT shall endeavour to remedy the same.
  3. BharatNXT makes no representations or warranties (whether express or implied) and specifically disclaim any and all warranties of any kind, with respect to the Application, express or implied, including any representations or warranties with respect to title, non-infringement, availability, security, accuracy of information (including accuracy of User Information), merchantability, fitness for a particular purpose, freedom from viruses or malware, completeness of information (including completeness of User Information), timeliness, functionality, reliability, sequencing or speed of delivery.
  4. To the fullest extent permitted by law, BharatNXT disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Application, or any opinion or suggestion given or expressed by BharatNXT or any User.

14. LIMITATION OF LIABILITY

  1. Notwithstanding anything contained in the Agreement, in no event shall BharatNXT or its officers, directors, managers, partners, members, shareholders, employees, affiliates and / or agents (collectively referred to as “BharatNXT Related Parties”) be liable to any person for any claims, liabilities, losses, payments, costs, expenses (including attorney’s fees), litigation, settlements, fines, penalties and / or damages, including, but not limited to any: (i) direct, indirect, punitive, special, incidental or consequential damages; (ii) the cost of procurement of any substitute products / services; (iii) for loss, corruption, destruction or interruption of use of any material / data; (iv) for any loss of income, revenue, profits, business, contracts, anticipated savings, goodwill, reputation (hereinafter collectively referred to as “Claims”) arising out of or in connection with any access or use (or inability to use) the Services or the Application, including damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus (including any damage to a User’s equipment caused by a User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application), communication line failure, theft, destruction or unauthorized access to, alteration of or use of any User Information, loss of business / revenue resulting from delays or information submitted by the User not being received by BharatNXT or delayed receipt thereof, pricing issues or service interruptions whether by breach of contract, tortious behaviour, negligence or under any other cause of action, or any content obtained through the use of the Services or the Application. This Clause shall be applicable despite BharatNXT having been advised of the possibility of such damages or losses.
  2. BharatNXT has implemented best market practices and security policies, rules and technical measures to protect personal data that is uploaded on the Application from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User accesses the Application and / or avails the Services, BharatNXT shall not be held liable for any loss whatsoever incurred by the User.

15. INDEMNIFICATION

  1. Each User shall defend, indemnify and hold harmless BharatNXT and the BharatNXT Related Parties (hereinafter collectively referred to as the “Indemnified Parties” and individually as an “Indemnified Party”) against all Claims brought against any Indemnified Party in connection with: (i) breach by a User of this Privacy Policy and / or breach of any applicable laws; (ii) fraud, negligent acts or omissions, or willful misconduct of any User in relation to the Application or the provision of the Services; (iii) infringement by any User of the intellectual property rights of BharatNXT and / or any third party, while accessing / using the Application and / or the Services; (iv) any inaccuracy in or any misrepresentation or breach of any of the representations and warranties by the User under this Privacy Policy; (v) breach of security procedures by any User or any personnel of the User (who has been authorized to access the Application on behalf of such User); and / or (vi) unauthorized disclosure of any information / data uploaded on the Application, through any fault or action of such User and / or any claim arising in relation to availing the Services by such User.
  2. To the maximum extent permissible under law, in no event shall BharatNXT be liable to the User or to any third party for any losses or damages arising out of the User’s use of the Application or the Services, whether based on warranty, contract, tort (including negligence) or otherwise. BharatNXT does not accept any liability for any loss or damage (actual and consequential) resulting from or in connection with the use of the Application and/or the inability to use it or for any loss or damage (actual and consequential) resulting from any delay or failure in the performance of the Services for any reason whatsoever, including without limitation, on account of any third party or person or due to any technical or technological failure or any other circumstances beyond the reasonable control of BharatNXT.

16. GOVERNING LAW AND DISPUTE RESOLUTION

  1. The laws of India shall govern the Agreement.
  2. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, and any dispute relating to any obligations arising out of or in connection with the Agreement (“Dispute”) shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.

17. COMMUNICATIONS / GRIEVANCES

  1. 17.1 In the event of any grievances from access or use of the Application and / or Services, such User should immediately contact the Grievance Officer at the following:
    Name: FCAP Technologies Private Limited
    Address: Awfis Building, 10th Floor, R City Offices, Lal Bahadur Shastri Rd, Ghatkopar West, Mumbai, Maharashtra 400086
    Kind Atten: Nitin Nair
    E-mail: contact@bharatnxt.in
    Timings: Mon - Sat, 10AM - 7PM