Kiwi Partner Cards

Gift Voucher – Terms of Service

Last updated on: [10th March 2026]

This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other 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.

Gokiwi Tech Private Limited, having its registered office at A-101, Tower 5, Plot 8P-T, T-5, Diero, Lodha New Cuffe Parade, Antop Hill, Mumbai – 400037 and its corporate office at 1st floor, 1515 Urban, 19th Main Road nearby Hustlehub, Vanganahalli, Bengaluru Urban, Karnataka – 560034 ("Company" or "we" or "us" or "our" or "Kiwi"), owns and operates the website domain at https://gokiwi.in/, https://getapp.gokiwi.in/, https://apply.gokiwi.in/ and https://kiwicard.co.in/ and mobile application titled "Kiwi: Rupay Credit Card on UPI" available on the Google Play Store/Apple Play Store at https://play.google.com/store/apps/details?id=in.gokiwi.kiwitpap&source=gokiwi and https://apps.apple.com/in/app/kiwi-rupay-credit-card-on-upi/id6449386307?source=gokiwi, and any service availed by Users (hereinafter referred to as "you", "your" or "User") through the Platform is conditioned upon your acceptance of the terms and conditions contained in this Gift-Terms of Service ("GV-TOS").

This GV-TOS has been drafted and is published in compliance with Master Directions on Prepaid Payment Instruments (MD-PPIs) dated 27th August, 2021 issued by the Reserve Bank of India, The Information Technology Act, 2000, and applicable amendments, rules, regulations and guidelines enacted thereunder from time to time ("IT Act") with specific mention of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("Intermediary Rules"), Consumer Protection (E-Commerce) Rules, 2020 ("E-Commerce Rules") and any other relevant laws.

The Company requests the User (as defined below) to carefully go through the GV-TOS prior to accessing the Platform or availing Services (as defined below) using the Platform. If User continues to browse and use the Platform to avail Services, User irrevocably and unconditionally is agreeing to comply with, abide by and be bound by all these obligations as stipulated in this GV-TOS, which together read with our privacy policy available at https://gokiwi.in/privacy-policy-v1/. The GV-TOS shall govern the Company's relationship with User in relation to the usage of the Platform. The GV-TOS supersede any and all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement between Company and the User.

IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE GV-TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

Definitions:
1. Applicable Laws: means all laws, rules, regulations, statutes, ordinances, and government orders or directives of India that are applicable to the use of the Platform, including but not limited to Master Directions on Prepaid Payment Instruments (MD-PPIs) dated 27th August, 2021, the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, consumer protection laws, and any other relevant regulations related to Gift Vouchers.
2. Customer: means any individual or entity that purchases a Gift Voucher from the Platform, whether for its own use or for gifting such Gift Voucher to another person or entity.
3. Force Majeure: means any event or circumstance beyond the reasonable control of a party that prevents or delays the performance of its obligations under these Terms, and which could not have been prevented, avoided, or mitigated by the exercise of reasonable care. Such events or circumstances include, without limitation, earthquakes, floods, hurricanes, fires, storms, or other acts of God, changes in laws, regulations, orders, embargoes, or actions by any governmental or quasi-governmental authority, network, telecommunications, internet, power, or system outages, hacking, malware attacks, denial-of-service attacks, or unauthorized access, strikes, labour disputes, or other workforce disruptions, riots, civil unrest, war, terrorism, pandemics, epidemics, or any other event beyond the reasonable control of the affected party.
4. Gift Voucher(s): means a non-reloadable prepaid instrument issued by the PPI Issuer, in the form of a 'Gift Voucher', and made available to the User on the Platform, which cannot be redeemed for cash. This Gift Voucher shall only be issued in an electronic mode.
5. PPI Issuer: means a third-party entity issuing Gift PPI to the Customers.
6. Platform: refers to Kiwi's online platform, including all associated websites, applications, software, tools, features, services, and infrastructure provided by the Company to facilitate the access and purchase of Gift Voucher issued by PPI Issuers.
7. User: means any individual or legal entity that receives, holds, activates, uses, or redeems a Gift Voucher, whether such Gift Voucher is purchased directly by the User on the Platform or received by the User from a Customer, and includes any person who attempts to use or redeem a Gift Voucher in accordance with the terms prescribed by the relevant PPI Issuer.
Eligibility:
By accessing or using the Platform, you affirm that you are at least eighteen (18) years of age and are fully capable of entering into and complying with the terms, conditions, obligations, representations, and warranties set forth in the GV-TOS. Registration and use of the Platform are permitted only by individuals who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 ("ICA"), including minors, un-discharged insolvents, or persons of unsound mind, are not eligible to register or use the Platform.
In case you are "incompetent to contract" under the ICA, and are desirous of using or transacting on the Platform, such use or transaction may only be made by your parent or legal guardian on your behalf.
In case the Company learns, or has reasonable grounds to believe, that you are "incompetent to contract" and are using or transacting on the Platform without the involvement of a parent or legal guardian, the Company reserves the right, at its sole discretion, to suspend or terminate your account and cancel any pending or completed transactions undertaken through such account. The Company shall not be liable for any loss, damage, or claims arising from such suspension, termination, or cancellation.
Services Provided:
The Company provides a technology platform and interface that enables Customers/ Users to discover, view, and purchase non-reloadable Gift Vouchers issued by third-party PPI Issuers.
The Company provides a technology platform to the PPI Issuers to enable the listing, discovery, distribution, and purchase of non-reloadable Gift Vouchers by Customers, and to facilitate communication and transactional workflows between Customers, Users, and the relevant PPI Issuers.
The Company acts solely as a technology intermediary and does not issue, load, operate, manage, hold, redeem, or settle any Gift PPIs, nor does it participate in the funds flow relating to such Gift Vouchers.
The terms and conditions applicable to each Gift Voucher, including its validity period, redemption process, expiry, usage restrictions, and any regulatory requirements, shall be prescribed solely by the relevant PPI Issuer and shall be communicated by such PPI Issuer directly to the User, including through SMS, email, in-app notifications, or any other legally permissible mode, at or prior to the issuance of the Gift Voucher.
On the Kiwi Platform, Users may avail non-reloadable Gift Vouchers with a maximum face value of up to INR 10,000 (Indian Rupees Ten Thousand only) per Gift Voucher, or such other limit as may be prescribed by the RBI or the relevant PPI Issuer from time to time. The availability, denomination, purchase limits, and usage of such Gift Vouchers shall be subject to applicable law, regulatory directions, and the internal policies of the respective PPI Issuer. Kiwi may, at its discretion and based on technical, risk, or compliance considerations, restrict or suspend access to any Gift Voucher on the Platform without assuming any liability or responsibility for such restriction or suspension.
The Customer may load or purchase a Gift Voucher using payment instruments permitted by the relevant PPI Issuer and the Platform from time to time, including debit cards, credit cards, net banking etc. Gift Vouchers shall not be purchased or loaded using cash, existing Gift Voucher balances, or any other prepaid payment instrument, unless expressly permitted by applicable law and the relevant PPI Issuer.
Any Gift Voucher purchased on the Platform shall, upon successful completion of the payment transaction and confirmation from the relevant PPI Issuer, be issued and made available to the Customer in electronic form. Gift Vouchers are typically delivered instantly; however, in certain cases, delivery may be delayed due to technical issues, payment failures, or verification requirements of the PPI Issuer or payment service providers. The Company shall not be responsible for delays or non-delivery attributable to the PPI Issuer, banks, or other third-party service providers. In the event details pertaining to a Gift Voucher is not made available to the Customer within a reasonable time, the Customer may raise a request with through the Platform and either a refund shall be issued to the amount of the Customer or the matter shall be addressed in accordance with the PPI Issuer's terms and applicable law, within 7 working days.
Each Gift Voucher shall be valid only for the period specified by the relevant PPI Issuer and communicated to the Customer/User at the time of issuance. Upon expiry of the Gift Voucher, any unutilised balance shall lapse automatically and shall not be redeemable, refundable, transferable, or payable in cash, except as may be expressly permitted under applicable law or the terms of the PPI Issuer. The Company shall have no obligation or liability in relation to the extension, revalidation, refund, or settlement of expired Gift Vouchers, all of which shall be governed solely by the policies of the respective PPI Issuer and applicable regulatory directions. The Customer/User is solely responsible for tracking the validity and timely use of the Gift Voucher.
Any handling, settlement, forfeiture, transfer to profit and loss account, or refund of outstanding balances (if applicable) shall be the sole responsibility of the PPI Issuer in accordance with its policies and applicable law. The Company shall not have any obligation or liability in relation to any outstanding or unutilised Gift Voucher balance at any time.
No interest, return, or other monetary benefit shall accrue or be payable on any balance held in a Gift Voucher, whether utilised or unutilised, at any time.
Gift Vouchers are non-reloadable and, once issued, cannot be reloaded with additional value. Gift Vouchers cannot be redeemed or withdrawn in cash, transferred to or withdrawn into any bank account, resold, exchanged, or transferred for value, whether in whole or in part. Gift Vouchers may be used only for the purchase of goods or services in the manner and at the merchants specified by the relevant PPI Issuer and in accordance with applicable law. Any attempt to reload, encash, resell, or otherwise misuse a Gift Voucher shall render the Gift Voucher liable to suspension or cancellation by the PPI Issuer in accordance with applicable law and its internal policies.
At no time shall the Company acquire any right, title, interest, ownership, custody, or risk in or to any Gift Voucher or the underlying stored value, whether temporarily or otherwise.
Cashbacks or rewards:
Cashback and rewards are applicable only where the Gift Voucher is purchased through a single, non-EMI, full-payment transaction. Users acknowledge that EMI transactions are excluded from regular reward programs, notwithstanding any promotional display on the Platform.
Redemption and refunds:
Gift Vouchers may be redeemed only at such merchants or for such goods or services as may be specified by the relevant PPI Issuer and made available on the Platform from time to time. Redemption may be permitted on a full or partial basis, subject to the terms of the PPI Issuer.
Where the transaction value exceeds the available Gift Voucher balance, the Customer/User shall be required to pay the remaining amount using any other permitted payment method.
The terms and conditions governing each Gift Voucher, including validity, redemption, expiry, and usage restrictions, shall be determined by the respective PPI Issuer and shall be communicated to the User by the PPI Issuer directly (including through SMS, email, in-app communication, or other permissible modes) at or prior to issuance of the Gift Voucher.
Gift Vouchers cannot be redeemed for cash, withdrawn to a bank account, reloaded, resold, or transferred for value. Any unutilised balance shall remain available for redemption only until the expiry of the Gift Voucher, after which such balance shall lapse, except as expressly permitted under applicable law or the PPI Issuer's terms.
In case a Customer/ User is unable to redeem the Gift Voucher due to technical issues affecting the Platform, the Customer / User may raise a grievance with the Company at service@gokiwi.in within three (3) days from the date of such issue. We shall attempt to provide the required resolution within a period of seven (7) business days from the date of the receipt of all details in relation to the grievance. If the Company is unable to provide the required resolution, it will refund the amount on the Gift Voucher to the source account.
Except for the above, refunds (if any) relating to the amount on Gift Voucher shall be processed strictly in accordance with the terms of the relevant PPI Issuer and applicable regulatory requirements. Where permitted, refunds shall be credited back to the same Gift Voucher and shall not be payable in cash or transferred to a bank account.
The Company acts solely as a technology intermediary and shall not be responsible for processing, facilitating, approving, or guaranteeing any redemption or refund of Gift Vouchers. All matters relating to redemption, refunds, expiry, or settlement of Gift Vouchers shall be the sole responsibility of the respective PPI Issuer.
Any refund arising from the purchase or use of a Gift PPI made available through the Kiwi Platform shall be processed by the relevant PPI Issuer and, where permitted, credited back to the original source of payment from which such Gift PPI was purchased or loaded.
The Customer/ User acknowledges and agrees that Kiwi via its Platform is solely enabling access to Gift PPIs issued by third-party PPI Issuers. Kiwi does not issue Gift PPIs, does not hold customer funds, and does not process, approve, or guarantee refunds. All refunds shall be governed exclusively by the terms and conditions of the respective PPI issuer and applicable law.
Kiwi shall not be responsible or liable for any delay, failure, reversal, or non-receipt of a refund arising due to actions or omissions of the PPI Issuer, banks, payment service providers, card networks, or other third-party intermediaries involved in the transaction flow.
In the event of suspension, discontinuation, expiry, or winding-up of any Gift PPI scheme, whether pursuant to regulatory directions or otherwise, the obligation to redeem, refund, or settle any outstanding balances shall rest solely with the concerned PPI Issuer, in accordance with applicable statutory and regulatory requirements. Kiwi shall have no responsibility or liability in relation thereto.
KYC and data sharing:
Prior to the issuance, activation, or redemption of a Gift Voucher, the User may be required by the relevant PPI Issuer to provide identification details, contact information, or such other information as may be necessary to comply with know-your-customer ("KYC"), anti-money laundering ("AML"), fraud prevention, transaction monitoring, or other regulatory requirements under applicable law. The Company acts solely as a technology intermediary and may facilitate the collection or transmission of such information through the Platform, but does not determine, verify, or control the nature or scope of such requirements, which shall remain the sole responsibility of the PPI Issuer.
The User acknowledges that all KYC, AML, transaction monitoring, regulatory reporting, record-keeping, and statutory disclosure obligations in relation to Gift Vouchers are discharged by the respective PPI Issuer in accordance with applicable law and regulatory directions. The Company may share or facilitate the sharing of User information with the PPI Issuer, regulators, or other competent authorities where it may be required to do so.
Disclaimers:
1. The User acknowledges and agrees that Kiwi acts solely as a technology platform and intermediary facilitating access to non-reloadable Gift Vouchers issued by third-party PPI issuers, and does not issue, load, operate, manage, hold, redeem, settle, or assume responsibility for any Gift Voucher.
2. Kiwi does not receive, hold, pool, safeguard, escrow, or control any User funds in relation to the purchase or redemption of Gift PPIs. All funds are processed directly between the User, the relevant bank, payment service provider, card network, and/or the PPI issuer, in accordance with applicable law.
3. Without prejudice to the foregoing, Kiwi shall not be responsible or liable, whether directly or indirectly, for any loss or damage arising out of or in connection with:
  - lack of authorization, consent, or validation for any transaction;
  - breach of transaction limits or restrictions imposed by the User's bank, payment service provider, card issuer, or PPI Issuer;
  - technical, network, or system failures, including internet connectivity issues, downtime, latency, software errors, or system interruptions;
  - delay, decline, reversal, cancellation, or failure of any transaction for any reason whatsoever;
  - any act, omission, error, or failure on the part of the PPI Issuer, banks, payment gateways, card networks, merchants, or other third-party service providers.
4. Gift Vouchers made available on the Platform are denominated in Indian Rupees (INR), are issued and redeemable only within India, and are subject to the terms, conditions, validity, redemption restrictions, and regulatory compliance requirements prescribed by the respective PPI issuer and any regulator.
5. Kiwi makes no representations or warranties regarding the issuance, validity, usability, acceptance, redemption, expiry, suspension, regulatory compliance, or continued availability of any Gift PPI, all of which remain the sole responsibility of the respective PPI issuer.
6. Kiwi shall not be liable for any loss arising from the suspension, discontinuation, expiry, insolvency, regulatory action, or cessation of operations of any PPI issuer, including any inability to redeem or realise the value of outstanding Gift Voucher.
7. The availability, usability, or validity of Gift Voucher may be impacted by changes in applicable laws, regulatory directions, or policies, and Kiwi shall not be responsible for any loss arising as a result thereof.
8. Any purchase, issuance, or redemption of a Gift Voucher constitutes a direct contractual relationship between the User and the respective PPI issuer. Kiwi is not a party to such relationship and assumes no obligations or liabilities arising therefrom.
9. Kiwi does not guarantee that any Gift Voucher will be accepted by all merchants, at all locations, or at all times, and acceptance shall be subject to the terms of the PPI Issuer and participating merchants.
10. The Company does not provide, control, or guarantee the goods or services for which a Gift Voucher may be redeemed, and shall not be responsible or liable for the quality, availability, delivery, performance, or fulfilment of such goods or services by the PPI Issuer, merchants, or any third parties.
11. The Company makes no representations, warranties, or guarantees in relation to the issuance, validity, regulatory compliance, or continued availability of any Gift PPI, all of which remain the sole responsibility of the respective PPI Issuer in accordance with applicable law and regulatory directions.
12. The Company shall not be responsible for processing, facilitating, or guaranteeing any redemption, refund, reversal, revalidation, or settlement of Gift PPIs, and all such matters shall be governed solely by the terms of the respective PPI Issuer and applicable regulatory requirements.
13. Availability of Gift Vouchers on the Platform is subject to change, suspension, or withdrawal at the discretion of the PPI Issuer or pursuant to regulatory directions. The Company does not guarantee the continued availability of any specific Gift Vouchers on the Platform.
14. Any purchase, issuance, or redemption of a Gift Vouchers constitutes a direct contractual relationship between the User and the relevant PPI Issuer, and the Company is not a party to such relationship.
15. The Company shall not be responsible for any loss, theft, unauthorised use, or misuse of the Gift Voucher. Once a Gift Voucher is issued or made available, the Customer/User is solely responsible for safeguarding and using it in accordance with the applicable terms. Any blocking, replacement, or reissuance of a lost or misused Gift Voucher shall be governed solely by the policies of the relevant PPI Issuer.
16. The Company's role is limited to providing technological infrastructure and access, and shall not be construed as acting as an agent, trustee, escrow holder, issuer, or system participant in relation to any Gift Vouchers.
Fraudulent Activities:
1. The use of Gift Vouchers shall be subject to transaction limits, usage restrictions, and compliance requirements as determined by the relevant PPI Issuer and Applicable Laws. The Company may, where required, restrict or suspend transactions in accordance with the directions of the PPI Issuer or applicable regulatory requirements.
2. In the event of detection or reasonable suspicion of any fraudulent, deceptive, or abusive activity, Kiwi may take such actions as it deems appropriate, including but not limited to temporary suspension, restriction, or permanent blocking of the concerned User's account(s), without prior notice.
3. Kiwi reserves the right to report any fraudulent, unlawful, or suspicious activity to the PPI Issuer, appropriate law enforcement agencies, regulatory authorities, or financial institutions, and to cooperate fully with such entities in accordance with Applicable Laws.
4. The Users shall be required to cooperate fully with Kiwi during any investigation into suspected fraudulent or unauthorized transactions, including by providing supporting documentation, transaction records, or other information as may be reasonably requested.
5. The User shall indemnify and hold Kiwi harmless from and against any losses, damages, claims, or expenses (including legal fees) arising out of or in connection with any fraudulent, unauthorized, or unlawful transaction initiated or facilitated by them.
6. Kiwi reserves the right to recover from the User any financial loss, cost, or expense incurred due to chargebacks, penalties, or other claims resulting from fraudulent, unauthorized, or unlawful use of the Platform.
User Obligations:
1. The User agrees to comply with all applicable laws, rules, regulations, directions, and guidelines, including those issued by the RBI in relation to Gift PPI, while accessing or using the Platform.
2. The User shall not upload, post, publish, transmit, or otherwise make available any content, communication, listing, review, rating, or material that is unlawful, fraudulent, misleading, defamatory, obscene, offensive, discriminatory, infringing, or otherwise violates applicable law or the rights of any third party. Nothing in this clause restricts the User from expressing bona fide opinions, reviews, or grievances in a lawful manner.
3. The User shall ensure that all information provided while using the Platform, including personal details, payment information, and transaction-related details, is true, accurate, complete, and kept up to date. The User shall be solely responsible for the accuracy of such information.
4. The User acknowledges that Gift Vouchers available on the Platform are issued and governed by the terms of the respective PPI issuer. Kiwi does not issue, underwrite, guarantee, or control the quality, suitability, legality, or performance of any Gift Voucher. The User shall exercise independent judgment and due diligence before purchasing or redeeming any Gift Voucher.
5. The User shall not engage in any activity that is fraudulent, abusive, deceptive, harmful, or disruptive, including but not limited to manipulation of the Company's systems to obtain Gift Vouchers for free or allowing any third parties to do the same.
6. The User agrees to reasonably cooperate with Kiwi in connection with any investigation, inquiry, dispute, complaint, or regulatory requirement relating to the User's use of the Platform, content shared, or transactions undertaken.
7. Gift Vouchers made available on the Platform may be redeemed only for goods or services and in the manner specified by the respective PPI Issuer and applicable terms. Gift Vouchers cannot be exchanged for cash or withdrawn to a bank account. The User is solely responsible for safeguarding voucher codes or related credentials. Kiwi shall not be liable for any loss, theft, misuse, unauthorised access, or fraudulent redemption of Gift Vouchers after they are delivered or made available to the User.
Platform and Services Ownership:
You understand and agree that the Platform, including but not limited to its software, source code, object code, user interface, design, layout, databases, algorithms, APIs, text, graphics, icons, videos, trademarks, logos, service marks, trade names, and all other intellectual property and proprietary material, whether registered or unregistered (collectively, the "Platform IP"), is and shall at all times remain the exclusive property of the Company or its licensors.
The Company retains all rights, title, and interest in and to the Platform, the Services offered thereon, and all related technology, content, and materials. Your use of the Platform does not confer upon you any ownership rights or any other intellectual property interest other than a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for lawful purposes in accordance with the GV-TOS terms.
All goodwill arising from your use of the Platform and the Services shall inure solely to the benefit of the Company. You shall not, directly or indirectly, (a) copy, reproduce, modify, adapt, translate, decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code or underlying ideas of the Platform; (b) distribute, sublicense, lease, sell, resell, rent, assign, or otherwise commercially exploit the Platform; or (c) use the Platform in any manner that infringes, misappropriates, or violates any intellectual property or proprietary right of the Company or any third party.
The Company may, from time to time, make updates, enhancements, or modifications to the Platform ("Updates"). All such Updates shall be deemed part of the Platform and owned exclusively by the Company. The Company also reserves the right to discontinue or suspend any part of the Platform or Services at any time without liability.
Nothing contained in these Terms shall be construed as granting you, by implication or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Platform without the prior written permission of the Company or such third party that may own them.
For the avoidance of doubt, while the Company facilitates the access to Gift Vouchers issued by PPI Issuers and all terms, descriptions, conditions, or content pertaining to the Gift Voucher shall remain the property of the PPI Issuer.
You shall not attempt to probe, scan, or test the vulnerability of the Kiwi Platform or any network connected to it, nor shall you breach or attempt to breach any security or authentication measures implemented on the Platform or any connected network. You are prohibited from performing any reverse look-up, tracing, or attempting to trace information pertaining to any other User, visitor, or customer of the Platform, including any account that is not owned by you. You shall not use the Platform or any service or information made available through it in any manner intended to uncover or obtain any personal or confidential information, other than your own information as permitted by the Platform.
You further agree not to undertake any activity that places, or is likely to place, an unreasonable or disproportionately large load on the infrastructure of the Platform, Kiwi's systems or networks, or any systems or networks connected to Kiwi.
Platform as an Intermediary:
The Company operates solely as a technology facilitator that enables Users to access and purchase Gift Vouchers issued by the PPI Issuers. The Platform provides the technology, tools, and infrastructure necessary for such access but does not directly provide, manage, or guarantee the Gift Voucher or any terms applicable thereto.
The Company does not issue, hold, redeem, manage, or operate any Gift Voucher.
All rights, obligations, and liabilities relating to such Gift Vouchers are governed exclusively by the terms of the respective PPI Issuer.
Kiwi does not guarantee the performance, delivery, legality, or quality of the Gift Voucher. Kiwi does not, at any point, become a party to the transaction or assume any responsibility for the same.
All content, listings, reviews, ratings, communications, or advertisements provided by third parties ("Third-Party Content") are solely the responsibility of the party who created or submitted it, and Kiwi does not endorse, control, or guarantee such content. Kiwi shall not be liable for any loss, damage, or dispute arising from Third-Party Content, including the accuracy, completeness, quality, legality, or any interactions related to such content. The Company reserves the right, at its sole discretion, to remove, block, or restrict access to any content that violates applicable laws, threatens national security, or is misleading, fraudulent, offensive, or otherwise harmful. Kiwi is merely an intermediary for the purposes of this GV-TOS.
All arrangements relating to the provision of services, including but not limited to the nature, scope, duration, pricing, payment terms, mode and timing of service delivery, and any related warranties, or guarantees, are independently determined by the PPI Issuer.
Kiwi does not influence, monitor, or participate in the negotiation or execution of such commercial or contractual terms all schemes related to the Gift Voucher made available on the Platform. The Gift Vouchers are solely extended by the PPI Issuer and not by Kiwi.
The presence of any Gift Voucher of a PPI Issuer on the Platform does not constitute an endorsement, guarantee, or recommendation by the Company. Users are responsible for evaluating and verifying the credentials, quality, and suitability of the Gift Voucher at their/ its own peril.
The Platform, its services, content, and functionalities are provided on an "as-is" and "as available" basis. The Company makes no express or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or uninterrupted availability.
The Company does not warrant that the Platform or PPI Issuer's services (i) will be free from errors, defects, or interruptions; (ii) will meet your requirements or expectations; (iii) are legally compliant, secure, or free from viruses, malware, or cyberattacks; or (iv) will result in successful or satisfactory transactions. The User is responsible for conducting their own due diligence and verifying information before engaging in any transaction.
Platform Rules:
Content and Conduct Policies: Kiwi maintains a set of internal rules, guidelines, and content policies to ensure the Platform operates safely, fairly, and in compliance with all Applicable Laws, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules prohibit, among other things:
- Unlawful, fraudulent, misleading, or harmful content;
- Intellectual property infringement, including unauthorized use of copyrighted material, trademarks, or patents;
- Obscene, offensive, abusive, discriminatory, or defamatory content;
- Misrepresentation of services, products, or identity;
- Manipulation of reviews, ratings, or feedback;
- Unauthorized access, hacking, or distribution of malware;
- Content that threatens national security, public order, or public health;
- Any conduct that undermines the integrity, reliability, or trustworthiness of the Platform.
Monitoring and Enforcement: Kiwi may monitor activity and content on the Platform to the extent permitted by Applicable Laws and take action against violations, including removing, blocking, or restricting access to content, communications, listings, or accounts that breach the Platform Rules.
Account Suspension and Termination: Accounts may be temporarily or permanently suspended or terminated for repeated, serious, or egregious violations of the Platform Rules. Kiwi reserves the right to take additional measures, including reporting to law enforcement or regulatory authorities, without prior notice.
Compliance with Instructions and Notices: Users must comply with any instructions, warnings, or notices issued by Kiwi regarding content, conduct, or Platform use. Non-compliance may result in content removal, restrictions, or account suspension/termination.
User responsibility and accountability: Users remain fully responsible for the content they post, the services they offer, and their interactions on the Platform. Compliance with Platform Rules does not absolve Users from their legal obligations under Applicable Laws.
Proactive risk mitigation: Kiwi may implement automated or manual systems to detect prohibited content, unauthorized activity, or violations of these rules. Users agree to cooperate with such measures and acknowledge that compliance with Platform Rules is a condition of using the Platform.
Indemnity:
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, and representatives from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your access to or use of the Platform or any Gift Voucher made available through the Platform, whether directly or indirectly.
Without limitation, the foregoing indemnity shall apply to claims arising from or relating to:
1. any act, omission, instruction, or transaction carried out through your account;
2. any breach or alleged breach of the GV-TOS, including failure to comply with eligibility conditions, usage restrictions, security obligations, or instructions issued by the Company or the relevant PPI Issuer;
3. any violation or alleged violation of applicable laws, rules, or regulations, including those relating to prepaid payment instruments, anti-money laundering, data protection, intellectual property, or the rights of any third party;
4. any content, communication, review, rating, listing, or material submitted, uploaded, posted, or transmitted by you on or through the Platform, including claims relating to its accuracy, legality, or infringement of third-party rights;
5. any dispute, claim, loss, or damage arising out of or in connection with your purchase, use, or redemption of a Gift Voucher or your interactions or transactions with other users, merchants, or PPI Issuers facilitated through the Platform; and
6. any misrepresentation, misuse, or unauthorised use of a Gift Voucher, voucher code, or account credentials attributable to you.
This indemnity obligation shall survive the suspension, termination, or closure of your account and shall continue to apply notwithstanding that you have ceased to access or use the Platform.
Limitation of Liability:
To the fullest extent permitted under applicable law, the Company, its affiliates, and their respective directors, officers, employees, agents, and representatives shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, whether foreseeable or otherwise, including without limitation any loss of profits, revenue, data, goodwill, business opportunities, anticipated savings, or any other economic or non-economic loss, arising directly or indirectly from or in connection with your access to or use of the Platform, reliance on any third-party content or information made available through the Platform (including listings, reviews, ratings, communications, or advertisements), any transactions or interactions with other users, merchants, or PPI Issuers facilitated through the Platform, or any delay, failure, suspension, or interruption in the availability or performance of the Platform or related services.
Without prejudice to the foregoing, and to the maximum extent permitted by applicable law, the Company's aggregate liability for any and all claims arising out of or in connection with the Platform or the GV-TOS, whether in contract, tort (including negligence), strict liability, or otherwise, shall be limited to the lower of (a) the total amount actually paid by you to the Company for the specific service giving rise to the claim or (b) INR 5,000 (Rupees Five Thousand only).
You expressly acknowledge and agree that the Company acts solely as an intermediary in relation to Gift Vouchers and does not issue, operate, manage, redeem, or guarantee any Gift Voucher, and accordingly shall not be responsible or liable for the acts, omissions, defaults, performance, or regulatory compliance of any PPI Issuer, merchant, payment service provider, or other third party.
This limitation of liability shall survive the suspension, termination, or expiry of the GV-TOS or the Services.
Communications:
By registering on or using the Platform, you consent to receive communications from the Company, the relevant PPI Issuer, and other intermediaries involved in the issuance, distribution, or redemption of Gift Vouchers, including transactional alerts, service updates, policy notifications, and promotional messages, through email, SMS, WhatsApp, in-app notifications, or other electronic means. You acknowledge that such communications are necessary for transaction fulfilment, regulatory compliance, and service delivery.
The Company may also send Platform-related and service communications, while communications relating to issuance, validity, redemption, expiry, or regulatory requirements of Gift Vouchers may be sent by the relevant PPI Issuer. Transactional and regulatory communications shall not be treated as unsolicited commercial messages. You may opt out of promotional communications at any time without affecting receipt of essential transactional or compliance-related communications.
The Company shall not be responsible for any communication, transaction, or dispute arising from interactions conducted outside the Platform. The Company may monitor or record Platform-facilitated communications for security, quality assurance, and dispute resolution purposes, in accordance with applicable law.
Takedown Notice and Content Compliance:
Users, rights holders, or other concerned parties may notify Kiwi if they believe that any content on the Platform, including listings, reviews, ratings, comments, images, videos, or any other material, is unlawful, infringing, misleading, defamatory, obscene, offensive, or otherwise prohibited under Applicable Laws. Notifications must be submitted in writing or via email, clearly identifying the content in question, the nature of the alleged violation, and sufficient information to enable Kiwi to locate the content and assess the claim.
Kiwi is not responsible for the creation, accuracy, legality, or reliability of third-party content unless it has actual knowledge of unlawful content or activity. Upon receiving a valid notice, Kiwi is obliged to act expeditiously to remove or disable access to the content to maintain compliance with Applicable Laws. Kiwi's liability as a facilitator is limited. Kiwi is not liable for third-party content as it has actual knowledge of the unlawful nature of the content or fails to act expeditiously upon receiving a valid notice. Removal or disabling of content is a protective measure and does not imply acknowledgment of any infringement or wrongdoing.
Upon receiving a valid takedown notice, Kiwi will:
- Acknowledge the notice promptly, typically within 48 hours;
- Investigate the alleged violation, verifying the accuracy of the claim and assessing the risk;
- Remove, disable, or restrict access to the content where required, in accordance with the timelines and procedures set forth under the Intermediary Rules 2021, wherever feasible.
If a User believes that content removed or restricted was compliant with Applicable Laws, they may submit a counter-notice, provide evidence or supporting information. Kiwi will review such counter-notices in good faith and, where appropriate, restore the content or provide a reasoned explanation for non-restoration.
Kiwi shall maintain detailed records of all takedown notices, counter-notices, actions taken, and communications exchanged in connection with such notices, in accordance with Applicable Laws. This ensures transparency, accountability, and regulatory compliance.
Compliance with takedown notices, or the removal or restriction of content, does not constitute an acknowledgment of liability or infringement on the part of Kiwi. Users remain solely responsible for the content they post on the Platform and for ensuring that it complies with Applicable Laws.
Users agree to cooperate fully with Kiwi during any takedown process or investigation, providing necessary information and clarifications as reasonably requested. Failure to cooperate may result in temporary or permanent suspension of the account or other enforcement measures.
Takedown notices and actions under this mechanism do not limit any party's right to pursue independent legal remedies. Users, rights holders, or other concerned parties may seek resolution through courts or regulatory authorities if they believe their rights are infringed.
Privacy and Data:
The Company Kiwi collects, stores, and processes user data in accordance with the Privacy Policy (as available on the Company's website), which forms part of this GV-TOS.
Force Majeure:
The Company shall not be liable for any failure, delay, or disruption in the provision of the Platform or its services due to any Force Majeure event as defined in the GV-TOS.
Changes and Updates to the Terms and Conditions and GV-TOS:
Your use of the Platform is subject to your acceptance of the GV-TOS, which may be updated, amended, modified, or revised by us from time to time. To ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made to the GV-TOS, it is important for you to refer to the GV-TOS from time to time. The updated GV-TOS shall be effective immediately and shall supersede the previous versions. We shall not be under an obligation to notify you of any changes to the GV-TOS. You shall be solely responsible for reviewing the GV-TOS from time to time for any modifications. If you continue to use the Platform/Services after the updated GV-TOS have been published, it shall be deemed that you have read and understood and accept the updated GV-TOS. Any reference to GV-TOS, made herein shall refer to the latest version of the same.
Governing Law:
These Terms and Conditions shall be governed by the laws of India without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located at Mumbai, Maharashtra India.
Miscellaneous:
1. The GV-TOS contains the entire agreement and understanding between You and Company with respect to the Services, and usage of Platform.
2. If any provision of the GV-TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the GV-TOS terms will otherwise remain in full force and effect and enforceable.
3. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
4. The GV-TOS terms are personal to You, and are not assignable or transferable by You except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
5. No agency, partnership, joint venture, or employment relationship is created as a result of the GV-TOS and neither party has any authority of any kind to bind the other in any respect.
6. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested, when receipt is electronically confirmed, if transmitted by e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
Grievance Redressal Mechanism:
Any Grievances in relation to the Gift Vouchers, including relating to issuance, redemption, expiry, balance, blocking, or usability shall be resolved exclusively by the PPI issuer. Kiwi is acting solely as a facilitator and shall have no responsibility or liability in this regard.
Any discrepancies, complaints, or grievances related to content, comments, or any breach limited to the Terms of Service or the Platform shall be addressed to the designated Grievance Officer as set out below. Complaints may be submitted in writing or via email, with the email signed using an electronic signature:
Attention: Anthony Mathew S A
Email ID: service@gokiwi.in
Address: Olsen Spaces, 3rd Floor, No.1505, 19th Main road HSR Sector-1(Agara) Layout, Bangalore - 560102
Users are encouraged to use the grievance redressal system provided on the Platform to lodge complaints, ensuring clear communication of the issue, supporting details, and any relevant evidence.
Upon receipt of a complaint, the Company shall acknowledge the complaint within 48 hours. The Company will then make all reasonable efforts to investigate and resolve the complaint within 30 days from the date of acknowledgment, wherever feasible.
Contact:
If You have any questions regarding the Services or usage of the Platform, please contact Company at service@gokiwi.in.