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 3rd Floor,1505, Olsen Spaces, 19th Main Road nearby Hustlehub, Vanganahalli, Bengaluru Urban, Karnataka – 560034 ("Company" or "we" or "us" or "our" or "Kiwi"), provides a bill payment facilitation feature through the mobile application titled Kiwi available on the Google Play Store at https://play.google.com/store/apps/details?id=in.gokiwi.kiwitpap and Apple App Store at https://apps.apple.com/in/app/kiwi-rupay-credit-card-on-upi/id6449386307, and any such service availed by Users (hereinafter referred to as "you", "your", "Customer" or "User") through the Platform is conditioned upon your acceptance of the terms and conditions contained in this Bill Payment Terms of Service ("BP-TOS").
This BP-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 BP-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 BP-TOS, which is together read with our privacy policy available at https://gokiwi.in/privacy-policy-v1/. The BP-TOS shall govern the Company's relationship with User in relation to the usage of the Platform. The BP-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 BP-TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
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, the Payment and Settlement Systems Act, 2007, consumer protection laws, and any other relevant regulations concerning e-commerce, data protection, online content, bill payment services, national security, and sovereignty.
BBPS: means Bharat Bill Payment System established under the Payment and Settlement Systems Act, 2007.
BBPOU: means bank or non-bank entity authorised by the Reserve Bank of India to participate in the BBPS, enabling bill payment and aggregation services as a Customer Operating Unit, Biller Operating Unit, or both.
Biller: any entity providing which is a utility service provider providing electricity or Fastag services and telecom operator or other entity issuing bills for collection of bill payments.
"Bill Payment Feature" means the functionality made available on the Platform that enables Users to discover, fetch, view, schedule, initiate, process, and complete payments of bills, recharges, or dues payable to billers, utility providers, service providers, merchants, or other third parties, whether one-time or recurring, through supported payment instruments and authorised payment systems. The Bill Payment Feature may include, without limitation:
For the avoidance of doubt, the Company acts solely as a facilitator of bill payment transactions under the Bill Payment Feature and does not provide, control, or assume responsibility for the underlying goods or services supplied by the Biller.
Force Majeure: means any event or circumstance beyond the reasonable control of a party that prevents or delays the performance of its obligations under the BP-TOS, 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.
Payment Aggregator: means BillDesk or any other RBI-authorised payment aggregator facilitating payment processing and settlement on the Platform.
Platform: refers to Kiwi's online platform, including all associated websites, applications, software, tools, features, services, and infrastructure provided by the Company that enables Users to initiate and complete bill payment transactions. For the purposes of these terms of service, any reference to Platform shall be deemed to be a reference specifically to the Bill Payment feature.
Services: means the bill payment facilitation services provided by Kiwi through the Platform, including enabling Customers to initiate and complete Transactions through an authorised Payment Aggregator.
Transaction: means a bill payment instruction initiated by a Customer on the platform and processed by the authorised Payment Aggregator.
Transaction Confirmation: means the status notification generated upon successful processing of a Transaction by the authorised Payment Aggregator.
Failed Transaction: means a Transaction that is not successfully processed or settled due to technical, banking, network or other reasons.
Kiwi via its Platform provides Bill Payment Feature. The Platform facilitates fetching of bill details (where supported), display of biller information and initiation of payments processed by the authorised Payment Aggregator.
Kiwi's role is limited to providing the technology interface that enables Customers to fetch the bill amount (in postpaid or prepaid model), initiate Transactions, pay the bills and to receive Transaction status updates.
Kiwi does not act as a Payment Aggregator or a BBPOU under the Applicable Law, does not onboard billers as merchants for payment acceptance.
Kiwi does not at any time receive, store, pool, or control Customer funds in relation to bill payment Transactions. All funds flow directly from the Customer to the authorised Payment Aggregator and thereafter to the respective Biller and does not pass through any Kiwi operated account.
Bill payment transactions are subject to the terms, conditions, and policies of the authorised Payment Aggregator, BBPOU, relevant banking partners, payment networks, and the respective Biller.
Kiwi does not guarantee the availability, continuity, or acceptance of any specific Biller on the Platform.
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 BP-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. 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.
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 BP-TOS terms.
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.
To safeguard your account and ensure secure use of the Platform, Users are strongly advised to follow the practices outlined below:
The Company shall not be responsible for any unauthorized access, loss, or misuse of your account resulting from your failure to follow the above practices.
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.
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.
Suspension or Termination: Kiwi reserves the right, at its sole discretion, to suspend, restrict, or terminate any account that:
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.
Kiwi may charge a convenience fee and/or platform fee on applicable bill payment transactions. Such fee shall be displayed upfront to the User prior to payment confirmation and shall be over and above the value of the respective bill payment. The User's confirmation of the transaction shall constitute express consent to such fee, and the User shall be liable to pay the same.
Kiwi reserves the right to revise such fee(s) from time to time at its sole discretion, in accordance with applicable laws and regulatory guidelines.
All convenience fees and/or platform fees shall be exclusive of applicable taxes, including Goods and Services Tax ("GST") or other statutory levies, which shall be charged additionally and borne by the User.
Unless otherwise required under applicable law, such convenience fee and/or platform fee shall be non-refundable, including in cases where the underlying bill payment is unsuccessful, reversed, cancelled, or disputed, provided the services for facilitating the transaction have been rendered.
Customers agree to comply with all Applicable Laws, rules, regulations, and guidelines while accessing or using the Platform.
Customers shall not upload, post, or share any content 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.
Customers are responsible for providing complete, accurate, and up-to-date information while interacting with the Platform, including personal details, payment information, and any other data required to complete transactions on the Platform.
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.
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.
Customers are solely responsible for verifying the correctness of Biller details, customer identification numbers, bill amounts, and any other identifiers prior to initiating a Transaction. Kiwi does not independently verify the accuracy of bill data.
Customers acknowledge that bill information displayed on the Platform is sourced from Billers, or third-party service providers, and Kiwi shall not be responsible for any errors, omissions, delays, or inaccuracies in such bill data.
Customers shall ensure that the same bill is not paid multiple times through the Platform or otherwise. Kiwi shall not be responsible for any duplicate, excess, or erroneous payments made by the Customer.
Customers are solely responsible for initiating bill payment transactions sufficiently in advance of the bill due date. Kiwi shall not be liable for any late fees, penalties, service disruptions, or adverse consequences arising due to delayed or failed payments.
Customers acknowledge that once a bill payment transaction is initiated and confirmed, it may not be cancelled or modified, and the transaction shall be subject to settlement and reconciliation processes of the relevant biller and payment networks.
Customers acknowledge that any refund of bill payment amounts shall be subject to confirmation and approval by the concerned Biller or third-party service provider, and Kiwi does not guarantee timelines for such refunds.
Customers shall not misuse the bill payment feature, including for any circuitous transactions, or any activity prohibited under Applicable Laws or regulatory guidelines. Kiwi reserves the right to suspend or restrict access to bill payment services where it detects suspicious, fraudulent, or non-compliant activity, or where required under Applicable Laws or regulatory directions.
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 dilute any of Kiwi's trade names, service marks, or associated goodwill.
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 BP-TOS terms.
All goodwill arising from your use of the Platform and the Services shall insure 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.
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.
All content provided by Users ("Third-Party Content") are solely the responsibility of such Users, 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 BP-TOS.
Kiwi does not influence, monitor, or participate in the negotiation or execution of such commercial or contractual terms which leads to onboarding of the Biller on any third party platform and as such is not responsible for the onboarding of such Biller.
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 (i) will be free from errors, defects, or interruptions; (ii) will meet your requirements or expectations; (iii) be 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 Intermediary Rules, 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 accuracy of information provided. Users agree to exercise their own judgment and due diligence in all interactions facilitated via the Platform.
In relation to the Bill Payment feature, Kiwi acts solely as a facilitator enabling Users to initiate bill payment transactions through an authorised Payment Aggregator. Kiwi is not a party to the payment transaction between the User and the biller and does not receive, hold, pool, or settle funds. All processing and settlement of bill payment transactions are undertaken by the authorised Payment Aggregator in accordance with applicable laws.
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 Intermediary Rules. These rules prohibit, among other things:
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.
Reporting Violations: Users 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.
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.
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.
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 BP-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, 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.
This indemnity obligation survives the termination or suspension of your account and continues to apply after you cease using the Platform.
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; (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.
These limitations of liability shall survive the termination, suspension, or expiry of your account or the BP-TOS terms and shall continue to apply notwithstanding any failure of essential purpose of any remedy provided herein.
By registering on or using the Platform and availing the Bill Payment Feature, you expressly consent to receive communications from the Company in connection with bill payments, including but not limited to transactional alerts, bill fetch notifications, payment confirmations, reminders, 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 Bill Payment feature and may be necessary for bill discovery, transaction initiation, processing, reconciliation, confirmation, dispute handling, or provision of related services.
Without limitation to the foregoing, you expressly authorize the Company to access and process bill-related communications received by you via email and/or SMS, including bills, payment reminders, due date alerts, or other biller communications, solely for the purpose of identifying, fetching, presenting, and facilitating bill payments through the Platform.
The Company may send you transactional or service-related communications in relation to the Bill Payment feature, including confirmations, receipts, invoices, payment status updates, reminders, security alerts, failed or pending transaction notifications, and changes to policies, features, or processes. Such communications are deemed necessary for the performance of the services and shall not be treated as unsolicited commercial communications.
You may also receive promotional offers, newsletters, or marketing communications relating to the Platform, the Bill Payment Feature, the Company's affiliates, or third-party partners. You may opt out of receiving such promotional communications at any time by writing to us at service@gokiwi.in. Opting out of promotional communications shall not affect your receipt of mandatory transactional or service-related communications.
Where the Platform enables interaction between Users, billers, Payment Aggregators, or other third parties in connection with bill payments, such communications shall be conducted solely through the Platform's authorized communication channels, unless otherwise expressly permitted by the Company. Users shall not exchange personal contact details or conduct bill payment–related transactions outside the Platform without prior written consent of the Company. The Company shall not be responsible or liable for any disputes, losses, or issues arising from communications or transactions conducted outside the Platform.
When You initiate or make a bill payment using any payment method available on the Kiwi Platform, You expressly acknowledge and agree that Kiwi acts solely as a facilitator of the transaction and does not provide the underlying billing or utility services. Accordingly, Kiwi shall not be responsible or liable, in any manner whatsoever, for any loss or damage (whether direct, indirect, incidental, consequential, or otherwise) arising out of or in connection with such bill payment, including but not limited to:
All bill payments made through the Platform shall be in Indian Rupees (INR) only and in accordance with applicable laws of the Republic of India. Kiwi does not process or facilitate bill payments in any other currency.
Kiwi does not guarantee uninterrupted or error-free access to the Bill Payment feature and shall not be liable for any downtime, latency, outages, or disruptions arising from system maintenance or failures of Payment Aggregators, BBPS network participants, banking systems, biller systems, or other third-party infrastructure.
Kiwi shall not be responsible for any billing disputes, service disruptions, penalties, late fees, or disconnections imposed by a biller due to delayed payment initiation, incorrect information provided by You, or processing delays attributable to third-party systems.
To initiate bill payments or recharges, You shall provide accurate and complete biller-specific identifiers, including but not limited to customer ID, subscription ID, bill number, registered mobile number, registered telephone number, or any other identifier required to fetch bill details.
Kiwi shall not be responsible for any incorrect, excess, duplicate, or misdirected payment resulting from inaccurate, incomplete, or erroneous information provided by You.
If You initiate a payment to an incorrect biller, incorrect account, make a duplicate payment, or enter an incorrect amount due to typographical or other errors at Your end, Your sole recourse shall be to contact the concerned Biller directly. Kiwi shall not reverse, reimburse, or compensate for such erroneous payments.
Bill payments and recharges are generally confirmed instantly. However, confirmation timelines may vary depending on the biller and relevant payment systems. In certain cases, confirmation may take up to 72 hours.
A transaction shall be deemed successful only upon receipt of a valid transaction confirmation from the authorised Payment Aggregator. In the absence of such confirmation, the transaction shall be treated as pending or failed.
If a transaction remains in a pending state beyond 72 hours, You may raise a support request, and Kiwi shall coordinate with the authorised Payment Aggregator and/or biller to provide status updates. Kiwi shall not, however, be liable for delays attributable to third-party systems.
Customer is solely responsible for scheduling their bill payments sufficiently in advance of the due date, and acknowledge that payment realisation timelines may vary depending on the respective biller.
The Customer acknowledges and agrees that in relation to payment processing, settlement, refunds, chargebacks, transaction failures, or any payment-instrument related disputes, the authorised Payment Aggregator and/or the Customer's issuing bank or payment service provider may be the appropriate party for resolution. Nothing in these Terms shall restrict the Customer from directly approaching the authorised Payment Aggregator, issuing bank, or relevant financial institution for redressal in accordance with their respective grievance redressal mechanisms and applicable regulatory guidelines. Kiwi may, at its discretion, assist in coordinating such queries but shall not be responsible for adjudicating payment disputes.
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 Kiwi may coordinate with the authorised Payment Aggregator before any resolution or refund can be initiated in accordance with Applicable Law.
The Customer understands and acknowledges that Kiwi does not independently process, hold or disburse refunds.
Refund timelines for Failed Transactions shall be governed by the rules and turnaround times prescribed by Applicable Laws, procedural guidelines, and the internal timelines set by Billers or relevant banks.
Kiwi shall use reasonable efforts to coordinate with the relevant party for status updates but shall not be liable for delays pertaining to the same.
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.
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 billers.
Kiwi may impose limits on the number, frequency, or value of bill payment transactions and may refuse, delay, or withhold any transaction that exceeds such limits or is flagged as suspicious, irregular, or non-compliant under applicable laws, regulatory guidelines, or internal risk controls.
Kiwi may refuse, delay, restrict, or cancel bill payment transactions initiated by Customers with a history of disputed, unauthorized, fraudulent, or suspicious transactions, or violations of Applicable Laws or the BP-TOS.
Where fraudulent, abusive, or unlawful activity is detected or reasonably suspected, Kiwi may suspend, restrict, or block access to the Bill Payment feature or the Customer's account, in accordance with Applicable Laws.
Kiwi may report suspicious or unlawful bill payment activity to banks, Payment Aggregators, billers, regulatory authorities, or law enforcement agencies and cooperate as required by law.
Kiwi may withhold or delay any payment, reversal, or refund pending verification or investigation of suspected fraudulent or unlawful activity.
Customers shall cooperate with Kiwi in any investigation relating to bill payment transactions and provide information or documents as reasonably requested.
Customers shall indemnify and hold Kiwi harmless from losses, claims, penalties, or expenses arising from fraudulent, unauthorized, or unlawful use of the Bill Payment feature attributable to the Customer.
Any User, rights holder, or concerned party may notify Kiwi if any content or information available on the Platform in relation to the Bill Payment feature is unlawful, misleading, infringing, or otherwise prohibited under Applicable Laws. Such notice must be submitted in writing or via email with sufficient details to identify and assess the issue.
Kiwi acts solely as an intermediary under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and is not responsible for third-party content or information unless it has actual knowledge of unlawful activity and fails to act expeditiously.
Upon receipt of a valid notice, Kiwi shall acknowledge the notice and may investigate and remove, disable, or restrict access to such content or information in accordance with Applicable Laws and regulatory timelines.
Users may submit a counter-notice where they believe content or information has been removed in error, and Kiwi shall review the same in good faith.
Kiwi's removal or restriction of content or information is a compliance measure and shall not constitute an admission of liability or wrongdoing.
Users shall cooperate with Kiwi in any investigation or takedown process. Failure to cooperate may result in suspension or restriction of access to the Bill Payment feature.
This mechanism does not limit the rights of any party to seek remedies under applicable law before courts or regulatory authorities.
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 BP-ToS.
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 BP-TOS.
Your use of the Platform is subject to your acceptance of the BP-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 BP-TOS, it is important for you to refer to the BP-TOS from time to time. The updated BP-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 BP-TOS. You shall be solely responsible for reviewing the BP-TOS from time to time for any modifications. If you continue to use the Platform/Services after the updated BP-TOS have been published, it shall be deemed that you have read and understood and accept the updated BP-TOS. Any reference to BP-TOS, made herein shall refer to the latest version of the same.
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.
The BP-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 BP-TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the BP-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 BP-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 BP-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.
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: grievance@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.
In relation to bill payment transactions processed under the BBPS framework, Customers may also escalate unresolved grievances to the authorised Payment Aggregator or in accordance with the grievance redressal mechanism prescribed under BBPS guidelines and RBI regulations.
If You have any questions regarding the Services or usage of the Platform, please contact Company at service@gokiwi.in.