Kiwi Partner Cards

Marketplace – Terms of Service

Last updated on: [1st January 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 Olsen Spaces, 3rd Floor, No.1505, 19th Main road HSR Sector-1(Agara) Layout, Bangalore - 560102 ("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 Marketplace Terms of Service ("M-TOS").

This M-TOS has been drafted and is published in compliance with 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 national and state laws which relate the processing of personal data.

The Company requests the User (as defined below) to carefully go through the M-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 M-TOS, which together read with our privacy policy available at [●]. The M-TOS shall govern the Company's relationship with User in relation to the usage of the Platform. The M-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 M-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 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 concerning e-commerce, data protection, online content, national security, and sovereignty.
2. Customer: means any individual or entity who accesses or uses the Platform to browse, inquire, book, or purchase services offered by Service Providers. Customers are required to register on the Platform in accordance with these Terms of Service and must meet the eligibility criteria set forth herein.
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. Service Provider: means any individual, firm, company, or other entity that is duly registered or incorporated, or otherwise legally entitled, to offer services through the Platform. Service Providers are responsible for the accuracy, legality, and quality of the services, listings, and content they provide on the Platform.
5. Platform: refers to Kiwi's online marketplace, including all associated websites, applications, software, tools, features, services, and infrastructure provided by the Company that facilitate the interaction, listing, booking, and transaction of services between Customers and Service Providers.
6. User: means any person who accesses or uses the Platform, including Customers and Service Providers, and includes any individual or entity acting on behalf of such Users.
Services Provided:
Kiwi operates as a marketplace e-commerce platform, providing an information technology interface that enables Users to discover, access, and transact for services offered by the Service Providers through its Platform.
Kiwi's Platform facilitates listing of Service Providers, presentation of their service details, and initiation of payments through an authorised Payment Aggregator.
Kiwi does not own and/ or provide the underlying services itself and is not responsible for the performance, quality, or delivery of services by Service Providers. The platform's role is strictly to connect Users with Service Providers and enable transactions in a secure, transparent, and compliant manner.
Eligibility:
1. For Customers: 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 M-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.
2. 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. You shall not register, create an account, or independently engage in any transaction on the Platform without such supervision or authorization. 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.
3. For Service Providers: Service Providers must be duly incorporated, registered, or otherwise legally recognized entities or individuals authorized to conduct business under applicable laws and regulations. They must possess all licenses, permits, consents, and approvals necessary to offer, advertise, and provide their respective services through the Platform.
4. By registering as a Service Provider, you represent and warrant that:
  1. You have the full right, power, and authority to enter into and perform your obligations under these Terms;
  2. You will comply at all times with applicable laws, regulations, and industry standards;
  3. All information, listings, and representations made by you on the Platform are true, accurate, and not misleading; and
  4. You will promptly update all information as and when any detail changes.
5. The Company reserves the right to verify the credentials and eligibility of any Service Provider at its sole discretion, and may refuse, suspend, or terminate access to the Platform where such eligibility criteria are not met or maintained.
Account Registration and Security:
1. Account creation: To access or use certain features of the Platform, the Users are required to create an account by providing accurate, current, and complete information as prompted during the registration process including email addresses and phone numbers. You agree to update such information from time to time to ensure its continued accuracy and completeness. Any registration or use of the Platform on the basis of false, incomplete, or misleading information shall be deemed a material breach of the Mr-TOS terms.
2. To list and offer services on the Platform, the Service Provider must create a verified account by providing accurate, current, and complete information, including legal name, business entity details, contact information, and bank account details for payment settlements.
3. Account credentials and responsibility: You are solely responsible for maintaining the confidentiality and security of your login credentials, including your username, password, and any other authentication details linked to your account. You agree that all activities undertaken under your account shall be deemed to have been authorized by you. The Company shall not be liable for any loss, damage, or unauthorized activity resulting from your failure to maintain the confidentiality of your account credentials.
4. To safeguard your account and ensure secure use of the Platform, Users are strongly advised to follow the practices outlined below:
  1. Use strong passwords by creating a password that is unique, complex, and not easily guessable. Avoid using personal details such as your name, date of birth, or mobile number.
  2. Update your password at regular intervals and immediately after any suspicion of unauthorized access or data breach.
  3. Never share your account credentials, passwords, or one-time passwords ("OTPs") with anyone, including persons claiming to be representatives of the Company. The Company will never ask for your password or OTP via call, message, or email.
  4. Use devices with updated operating systems and security patches. Install reputable antivirus software and avoid logging in from public or shared computers.
  5. Access the Platform only through official applications or web domains owned by the Company. Refrain from clicking on suspicious links or third-party websites claiming affiliation with the Platform.
  6. Regularly review your account activity and promptly notify the Company of any unauthorized transactions, suspicious activity, or potential security compromise.
  7. Always log out of your account when using shared or public devices to prevent unauthorized access.
  8. Activate multi-factor authentication or any enhanced login security features provided by the Platform to strengthen account protection.
  9. In case you suspect that your credentials have been lost, stolen, or compromised, you must immediately inform the Company at the designated support contact provided on the Platform.
5. Account usage: You shall not share, transfer, or assign your account to any other person or entity without the prior written consent of the Company. Each account is intended for use by the registered individual or entity only.
6. The Service Provider may authorize designated personnel to access the account, provided that such personnel comply with the M-TOS terms. The Service Provider shall remain fully responsible for all actions of such personnel.
7. Verification and security measures: The Company may, at its discretion, undertake verification of identity, registration documents, or other credentials submitted during account creation or thereafter, including through third-party verification tools or KYC processes. The Company reserves the right to request additional documents or information at any time to confirm eligibility, authenticity, or compliance. Failure to furnish such information may result in suspension or termination of access to the Platform.
8. Suspension or Termination: Kiwi reserves the right, at its sole discretion, to suspend, restrict, or terminate any account that:
  1. provides false, misleading, or incomplete information;
  2. engages in fraudulent, unlawful, or abusive conduct;
  3. violates these Terms or applicable laws; or
  4. poses a security risk or threatens the integrity of the Platform.
9. Upon termination, all rights granted to you under these Terms shall immediately cease, and you shall have no further access to your account or the Platform, except as required by law.
Service Provider Obligations:
The Service Providers who register on the Platform agree to the following obligations:
1. All Service Providers must provide accurate descriptions, images, and representations of their services.
2. Service Providers must provide complete, accurate, and up-to-date information about themselves, their business, and the services they offer. This includes, but not limited to, registration details, licenses, certifications, service descriptions, pricing, and availability.
3. Service Providers must maintain valid business registrations and provide necessary identification and KYC documentation during onboarding.
4. Service Providers shall comply with all Applicable Laws, rules, regulations, and guidelines, including those relating to consumer protection, data privacy, intellectual property, taxation, and safety.
5. Service Providers are responsible for ensuring that their services meet the quality, safety, and performance standards as represented on the Platform. They must provide services in a professional, timely, and efficient manner.
6. Service Providers shall not engage in any unlawful, fraudulent, misleading, or abusive conduct, including posting false or misleading listings or reviews, misrepresenting services, manipulating ratings or feedback, engaging in discriminatory, offensive, or harmful practices, violating the rights of other Users or third parties, or using the Platform for any illegal or unauthorized purposes.
7. Service Providers shall not engage in unfair trade practices or provide false or misleading information to Users.
8. Service Providers are solely responsible for all content they upload, post, or share on the Platform, including service descriptions, images, promotional materials, and communications with Users. Kiwi does not endorse, verify, or control such content.
9. Service Providers must comply with the Platform's payment and settlement procedures, including providing accurate banking or payment details, and are responsible for any taxes or duties arising from transactions facilitated via the Platform.
10. Service Providers agree to cooperate with the Company in connection with investigations, disputes, regulatory inquiries, or any legal proceedings involving Users, content, or transactions on the Platform.
User Obligations:
1. Customer agrees to comply with all Applicable Laws, rules, regulations, and guidelines while accessing or using the Platform, including those related to e-commerce, consumer protection, intellectual property, data privacy, and online content.
2. Customer shall not upload, post, or share any content, listings, reviews, ratings, comments, or communications that are unlawful, fraudulent, misleading, defamatory, obscene, offensive, discriminatory, infringing on intellectual property rights, or otherwise harmful. Users must ensure that any content they share does not violate the rights of third parties or Applicable Laws.
3. Customers are responsible for providing complete, accurate, and up-to-date information while interacting with Service Providers, including personal details, payment information, booking details, and any other data required to complete transactions or communications on the Platform.
4. Customers are solely responsible for their interactions, communications, and transactions with Service Providers on the Platform. Kiwi does not guarantee the quality, legality, or performance of services provided by Service Providers. Customers must exercise caution and due diligence when engaging in transactions.
5. Customers must maintain the confidentiality of their account credentials and are responsible for all activities conducted through their accounts. Any unauthorized use or security breach must be reported to Kiwi immediately.
6. Customers shall not engage in any fraudulent, abusive, harmful, or disruptive behaviour, including manipulating reviews or ratings, attempting unauthorized access to the Platform, or interfering with other Users' or Service Providers' activities.
7. Customers agree to cooperate with Kiwi in connection with investigations, disputes, regulatory inquiries, or any complaints related to content, transactions, or interactions on the Platform.
8. Users shall refrain from making any negative, disparaging, or defamatory remarks about Kiwi, the "Kiwi" name, the Kiwi Platform, or any domain or brand name used by Kiwi. Users shall also not engage in any conduct or action that could tarnish the reputation, image, or goodwill of Kiwi or its Service Providers, or dilute any of Kiwi's trade names, service marks, or associated goodwill.
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, 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 M-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 listings and transactions between the Service Providers and Customers, such listings, descriptions, or content uploaded by Service Providers shall remain the property of the respective Service Provider. However, by uploading or posting such content on the Platform, the Service Provider grants the Company a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to host, use, display, reproduce, modify (for formatting or technical purposes), and distribute such content solely in connection with the operation, promotion, or improvement of the Platform and Services.
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 an intermediary platform that enables Customers to discover, connect with, and transact with Service Providers. The Platform provides the technology, tools, and infrastructure necessary to facilitate these interactions but does not directly provide, manage, or guarantee the services, products, or content offered by Service Providers.
The Platform's role is limited to providing a medium for Users to interact. Kiwi does not guarantee the performance, delivery, legality, or quality of any product or service listed. Kiwi does not, at any point, become a party to the transaction or assume any responsibility for the same. Any engagement, payment, or contractual relationship arising from transactions facilitated through the Platform is solely between the Users.
All content, listings, reviews, ratings, communications, or advertisements provided by Users ("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 M-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 and mutually agreed upon between the Customer and the Service Provider.
Kiwi does not influence, monitor, or participate in the negotiation or execution of such commercial or contractual terms. Except when explicitly advertised as such, any offers, discounts, or promotional schemes made available on the Platform are solely extended by the Service Provider and not by Kiwi.
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 any Service Provider's services (i) will be free from errors, defects, or interruptions; (ii) will meet your requirements or expectations; (iii) re legally compliant, secure, or free from viruses, malware, or cyberattacks; or (iv) will result in successful or satisfactory transactions. The Customers are responsible for conducting their own due diligence and verifying information before engaging in any transaction.
In accordance with the IT Rules, 2021, the Company acts as an intermediary and is not liable for any third-party content posted, shared, or transmitted through the Platform. The Company reserves the right to remove content or restrict access to the Users if required to comply with applicable laws, regulations, or government orders related to national security, sovereignty, public order, or user safety.
Users acknowledge and accept that using the Platform involves inherent risks, including but not limited to the reliability of Service Providers, accuracy of information provided, and the suitability of services or products. Users agree to exercise their own judgment and due diligence in all interactions facilitated via the Platform.
Platform Rules:
1. 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:
  1. Unlawful, fraudulent, misleading, or harmful content;
  2. Intellectual property infringement, including unauthorized use of copyrighted material, trademarks, or patents;
  3. Obscene, offensive, abusive, discriminatory, or defamatory content;
  4. Misrepresentation of services, products, or identity;
  5. Manipulation of reviews, ratings, or feedback;
  6. Unauthorized access, hacking, or distribution of malware;
  7. Content that threatens national security, public order, or public health;
  8. Any conduct that undermines the integrity, reliability, or trustworthiness of the Platform.
2. 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.
3. Reporting Violations: Users and Service Providers are encouraged to report violations of Platform Rules or suspicious activity via the grievance redressal mechanism or designated reporting channels. Kiwi will investigate reported violations and take appropriate corrective action.
4. 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.
5. Compliance with Instructions and Notices: Users and Service Providers 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.
6. User responsibility and accountability: Users and Service Providers 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 or Service Providers from their legal obligations under Applicable Laws.
7. Proactive risk mitigation: Kiwi may implement automated or manual systems to detect prohibited content, unauthorized activity, or violations of these rules. Users and Service Providers 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, officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, liabilities, losses, damages, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Platform, whether directly or indirectly. This includes, without limitation, claims arising from: (i) any action, omission, or transaction conducted through your account; (ii) any violation or alleged violation of the M-TOS, including failure to comply with Platform rules, eligibility requirements, or security obligations; (iii) any breach of Applicable Laws, regulations, or rules, including intellectual property rights, privacy laws, or other rights of third parties; (iv) any content, listing, advertisement, review, rating, communication, or material that you submit, upload, post, or share on the Platform, including any claims arising from its accuracy, legality, or alleged infringement of third-party rights; and (v) any dispute, loss, or damage resulting from your interactions or transactions with other Users facilitated via the Platform, including any claims relating to performance, quality, or conduct.
Additionally, the Service Providers expressly agree to indemnify, defend, and hold harmless the Company for any claims, liabilities, or damages arising from the services they provide on the Platform, including but not limited to: (i) representations made in listings, advertisements, or descriptions; (ii) reach of applicable laws or regulations in offering services; and (iii) failure to deliver services as promised or meet quality standards.
This indemnity obligation survives the termination or suspension of your account and continues to apply after you cease using the Platform.
Limitation of Liability:
To the fullest extent permitted by applicable law, the Company, its affiliates, officers, directors, employees, agents, and representatives shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, whether foreseeable or not. This includes, 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: (i) your access to or use of the Platform; (ii) reliance on Third-Party Content, including listings, reviews, ratings, communications, or advertisements; (iii) transactions or interactions with other Users; or (iv) any delay, failure, or interruption in the operation of the Platform.
The Company's aggregate liability for any and all claims, damages, or losses arising out of or in connection with the Platform, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount paid by the User to Kiwi for the specific service giving rise to the claim, or INR 5,000 (Rupees Five Thousand only), whichever is lower. This limitation applies regardless of the form of action, whether in law or equity.
By using the Platform, you expressly acknowledge and accept these limitations and agree that Kiwi's role as an intermediary inherently limits its responsibility for the acts, omissions, or performance of third parties, including the Service Providers.
These limitations of liability shall survive the termination, suspension, or expiry of your account or the M-TOS terms and shall continue to apply notwithstanding any failure of essential purpose of any remedy provided herein.
Communications:
By registering on or using the Platform, you expressly consent to receive communications from the Company, including but not limited to 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 an integral part of your use of the Platform and may be necessary for the fulfilment of transactions or provision of services.
The Company may send you transactional or service-related communications such as confirmations, invoices, reminders, security alerts, and changes to policies or features. These communications shall not be considered unsolicited commercial messages.
You may also receive promotional offers, newsletters, or marketing content related to the Platform, its affiliates, or third-party partners. You may opt out of receiving such promotional communications at any time by following the unsubscribe instructions provided in the message or by adjusting your notification preferences in your account settings.
Where the Platform facilitates direct interaction between Users, such communications shall be conducted solely through the Platform's authorized channels, unless otherwise permitted by the Company. Users shall not exchange personal contact details or conduct transactions outside the Platform without prior written consent of the Company. The Company shall not be liable for any disputes, losses, or issues arising from communications made outside the Platform.
Any notice, query, or communication intended for the Company shall be sent only to the official contact details or addresses provided on the Platform. The Company shall not be responsible for any communication made to unauthorized email addresses, phone numbers, or representatives falsely claiming association with the Company.
For quality assurance, training, and dispute resolution purposes, the Company may record or monitor communications made through or in relation to the Platform, including messages, chats, or calls facilitated via the Platform's communication tools. By using these tools, you consent to such monitoring and recording in accordance with applicable law.
Disclaimers:
When you make a payment using any of the payment methods available on the Kiwi Platform, you acknowledge that Kiwi shall not be responsible or liable, in any manner whatsoever, for any loss or damage (whether direct or indirect) arising out of or in connection with:
1. Lack of authorization for any transaction;
2. Exceeding transaction limits mutually set between you and your bank or payment provider;
3. Any technical or network failure, including internet connectivity issues, server downtime, or system errors occurring during the transaction;
4. Any delay, decline, or failure of a transaction for any reason whatsoever; or
5. Any other issue arising out of or related to the payment process.
All payments for services availed through the Platform shall be made in INR, in accordance with the applicable laws of the Republic of India. The Platform does not process or facilitate transactions in any other currency.
Before confirming certain service requests, the Customer will be required to provide valid identification and/or address proof, if requested by the Service Provider, to verify the ownership and authenticity of the payment method used.
Service Provider Undertakings and Disclosures:
1. Each Service Provider (including landlords and tuition centres) shall ensure that all descriptions, images, representations, and other content relating to their services provided on the Kiwi platform are true, complete, accurate, and not misleading in any manner.
2. Each Service Provider shall furnish to Kiwi, and authorizes Kiwi to display on its platform, the following details at all times:
  1. Name of the business entity, legal status, and geographic address;
  2. Customer care contact details for service-related queries or complaints;
  3. Any ratings, feedback, or aggregated reviews received from users in respect of such Service Provider.
3. Each Service Provider shall ensure that upon successful completion of a transaction, the consumer is provided with complete details of the Service Provider, including business name, address, website (if applicable), and contact information, to facilitate direct resolution of service-related concerns.
4. Each Service Provider shall promptly notify Kiwi of any changes to the information or representations provided by it and shall remain solely responsible for ensuring continued accuracy and completeness of such details.
Kiwi's Arrangement with Payment Aggregators:
Kiwi partners with third-party payment aggregators ("PA") to facilitate payments made by Customers to Service Providers through the Platform. These PA's enable secure processing of transactions using various payment instruments, including credit/ debit cards, net banking, UPI, and digital wallets.
Kiwi does not collect, process, or store any sensitive payment information, including card details, UPI PINs, or bank credentials. The authorization, processing, and settlement of payments are undertaken directly by the respective payment aggregator and the Customer's issuing bank or payment instrument provider, in accordance with their terms and policies.
Kiwi's role is limited to providing the technology interface that connects Customers and Service Providers with such payment aggregators. Kiwi shall not be liable for any delays, rejections, chargebacks, failed transactions, or disputes arising due to issues attributable to any payment aggregator, financial institution, or network operator.
Amounts received from Customers shall be first credited by the relevant PA to Kiwi (acting in its capacity as a marketplace platform), and Kiwi shall thereafter settle or disburse the corresponding amounts to the respective Service Provider's designated bank account within the timelines agreed under the applicable PA arrangement. Kiwi shall use reasonable efforts to ensure that such settlements are initiated promptly upon successful receipt and confirmation of funds.
In case of any delay in disbursement due to issues attributable to the PA, financial institution, or network operator, Kiwi shall not be held liable. If the delay arises from incorrect or incomplete account details provided by the Service Provider, the Service Provider shall bear full responsibility for such delay and any associated consequences.
Service Providers shall indemnify and hold Kiwi harmless against any claims, disputes, or losses arising from (i) incorrect or invalid account details provided by the Service Provider, or (ii) chargebacks or customer disputes resulting from the Service Provider's failure to deliver services.
In the event of a failed or disputed transaction, Kiwi will coordinate with the relevant payment aggregator(s) and the concerned bank(s) to facilitate resolution in accordance with applicable timelines.
Refunds:
Refunds for payments made through the Kiwi Platform shall be governed by the cancellation and refund policy of the respective Service Provider. Kiwi operates solely as an intermediary providing the technology platform and shall not, under any circumstances, be responsible or liable to process or guarantee refunds on behalf of any Service Provider.
Refunds may be initiated in case of duplicate payment made due to a verified technical error. In such cases, the Customer shall be required to submit appropriate evidence of duplicate payment to Kiwi and/or the Service Provider before any resolution or refund can be initiated.
Once a refund has been approved by the Service Provider and/or Kiwi, the amount shall be credited to the Customer's original mode of payment within a reasonable period, generally within 14 business days, subject to the processing timelines of the respective bank, payment gateway, or financial institution. Delays arising from such third parties shall be beyond Kiwi's control.
Refund shall be made in INR only and shall be equivalent to the Transaction Price received in Indian Rupees.
All approved refunds shall be made to the same account, card, wallet, or payment source used for the original transaction. Under no circumstances shall cash refunds or transfers to alternative accounts be permitted.
In the event of any dispute regarding eligibility, amount, or timing of a refund, the Customer shall directly contact the concerned Service Provider. Kiwi may, at its discretion, assist in facilitating communication between the Customer and the Service Provider but shall not be obliged to mediate or adjudicate refund-related disputes.
If a Customer's account is debited for a payment on the Platform but the confirmation is not received by the Service Provider, the transaction amount shall be automatically reversed to the Customer's account within five (5) business days from the date of the transaction. Kiwi will coordinate with the concerned banks, payment gateways, and payment aggregators to facilitate such refunds. Kiwi shall not be liable for any delay, failure, or consequential loss arising from refund processing or non-receipt of refund due to errors or delays on the part of banks, payment gateways, or Service Providers.
Fraudulent Activities:
Kiwi reserves the right to impose limits on the number or value of transactions that may be processed using any payment instrument, whether directly or through an authorized payment aggregator or any facility regulated by the Reserve Bank of India. Kiwi may refuse, delay, or withhold the processing of any transaction that exceeds such limits or appears to be suspicious or irregular in nature.
Kiwi further reserves the right to refuse, delay, or cancel any transaction initiated by a Customer or Service Provider who has a prior history of disputed, unauthorized, or suspicious charges, or who has previously violated any applicable law, the M-TOS, or any other policy or agreement with Kiwi.
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 Customer's or Service Provider's account(s), without prior notice.
Kiwi reserves the right to report any fraudulent, unlawful, or suspicious activity to appropriate law enforcement agencies, regulatory authorities, or financial institutions, and to cooperate fully with such entities in accordance with applicable laws.
Kiwi may withhold, delay, or forfeit any payment or refund due to a Customer or Service Provider if any fraudulent, suspicious, or unlawful activity is suspected or detected, until such time as the matter is verified and resolved to Kiwi's satisfaction.
All Customers and Service Providers 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.
The Customer or Service Provider 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.
Kiwi reserves the right to recover from the Customer or Service Provider any financial loss, cost, or expense incurred due to chargebacks, penalties, or other claims resulting from fraudulent, unauthorized, or unlawful use of the Platform.
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 operates solely as an intermediary platform under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. As such, 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 an intermediary is limited. Kiwi is not liable for third-party content unless 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:
1. Acknowledge the notice promptly, typically within 48 hours;
2. Investigate the alleged violation, verifying the accuracy of the claim and assessing the risk;
3. 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 or Service Provider 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 and Service Providers remain solely responsible for the content they post on the Platform and for ensuring that it complies with Applicable Laws.
Users and Service Providers 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 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 M-TOS.
Changes and Updates to the Terms and Conditions and M-TOS:
Your use of the Platform is subject to your acceptance of the M-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 M-TOS, it is important for you to refer to the M-TOS from time to time. The updated M-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 M-TOS. You shall be solely responsible for reviewing the M-TOS from time to time for any modifications. If you continue to use the Platform/Services after the updated M-TOS have been published, it shall be deemed that you have read and understood and accept the updated M-TOS. Any reference to M-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:
The M-TOS contains the entire agreement and understanding between You and Company with respect to the Services, and usage of Platform.
If any provision of the M-TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the M-TOS terms will otherwise remain in full force and effect and enforceable.
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.
The M-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.
No agency, partnership, joint venture, or employment relationship is created as a result of the M-TOS and neither party has any authority of any kind to bind the other in any respect.
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 discrepancies, complaints, or grievances related to content, comments, or any breach of these Terms of Service 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: greviance@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.