Credit Facilitation Services – Terms of Service

Last updated on: 26th May 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 Google Play and Apple App Store, 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 Lending Service Provider-Terms of Service (“LSP-TOS”).

This LSP-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 laws and other applicable guidelines issued by the Reserve Bank of India (“RBI”) in relation to digital lending services.

The Company requests the User (as defined below) to carefully go through the LSP-TOS prior to accessing the Platform or availing Services (as defined below) using the Platform. If the 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 LSP-TOS, which together read with our privacy policy available at https://gokiwi.in/privacy-policy-v1/. The LSP-TOS shall govern the Company’s relationship with User in relation to the usage of the Platform. The LSP-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 LSP-TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

1. 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, its rules, guidelines issued by the RBI in relation to digital lending services consumer protection laws, and any other relevant regulations concerning e-commerce, data protection, online content, national security, and sovereignty.
2. Credit Facility(ies): means any loan, credit line, or other form of financial accommodation offered, sanctioned, and disbursed by a Lender based on its independent credit assessment to a Customer, including credit lines linked to UPI-enabled platforms.
3. Customer: means any individual who accesses or uses the Platform to apply for, avail, or manage Credit Facilities offered by Lenders. Customers are required to register on the Platform in accordance with these Terms of Service and must meet the eligibility criteria set forth herein and as maybe prescribed by the relevant Lender.
4. Data: means any personal information, including personal identifiable information as defined in Digital Personal Data Protection Act, 2023 which is collected, received, or otherwise processed in connection with you availing any Services or Credit Facilities from Lenders and shall be limited to such data as is necessary for the provision of Services or the Loan and compliance with Applicable Law.
5. 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.
6. KYC: means the “Know Your Customer” requirements prescribed by the RBI from time to time, including the collection and verification of identity proof, address proof, PAN, income details, and/or such other officially valid documents or information as may be required under applicable law or by the Lender.
7. Lenders: means any Bank, non-banking financial company, or other regulated financial institution authorised under Applicable Law to offer, sanction, and disburse Credit Facilities to Customers through the Platform, in accordance with applicable laws.
8. Platform: refers to Kiwi’s technology platform, including all associated websites, applications, software, tools, features, services, and infrastructure provided by Kiwi that facilitates the discovery of, application for, and access to Credit Facilities offered by Lenders, and enables interaction between Customers and Lenders.
9. Services: means the technology-enabled facilitation and support services provided by Kiwi in connection with Credit Facilities offered by Lenders, including user onboarding, KYC assistance, document collection, application routing, credit line activation (including linkage with UPI-enabled platforms), customer servicing support, marketing support for customer acquisition, repayment reminders and collection support and such other ancillary support services, without Kiwi undertaking any lending, underwriting, or credit decision-making functions.
10. User: means any person who accesses or uses the Platform, including Customers and includes any individual or entity acting on behalf of such Users.

2. Services Provided and Platform’s Role

All Credit Facilities made available through the Platform are offered, underwritten, sanctioned, and disbursed solely by the Lender in accordance with its internal policies and applicable law. The Lender is solely responsible for evaluating applications, determining eligibility, conducting credit assessments, and approving or rejecting applications. The Lender exclusively determines all terms of the Credit Facility, including the sanctioned amount, interest rates, fees, charges, tenure, and repayment obligations. All loan agreements are entered into directly between the Customer and the Lender, and the Lender bears the entire credit risk.

Prior to execution of any Credit Facility, the Customer shall be provided with a Key Fact Statement (“KFS”) by the relevant Lender, containing details of the loan amount, interest rate, annual percentage rate (“APR”), fees, charges, repayment schedule, and other material terms, in accordance with applicable guidelines issued by the RBI. Kiwi does not modify or control such disclosures.

Kiwi operates as a technology-enabled Lending Service Provider (“LSP”) and provides an information technology interface that enables Customers to discover, access, and avail Credit Facilities offered by Lenders through the Platform. In this capacity, Kiwi facilitates certain aspects of the credit lifecycle, including onboarding, KYC assistance, application routing, credit line activation (including linkage with UPI-enabled platforms, where applicable), and customer servicing support, solely to enable access to Credit Facilities offered by Lenders.

Kiwi does not itself provide any Credit Facility and shall not be construed as a lender, non-banking financial company, or financial institution. Kiwi does not undertake underwriting, assess creditworthiness, approve or reject applications, determine eligibility, disburse funds, or assume any credit risk, and does not influence or control the Lender’s decision-making process or the terms of any Credit Facility.

Kiwi does not guarantee approval of any application or the availability or terms of any Credit Facility. Kiwi is not a party to any loan agreement between the Customer and the Lender and shall not be responsible or liable for any acts, omissions, decisions, or services of the Lender. Any issues, disputes, or claims relating to a Credit Facility, including disbursal, servicing, repayment, or enforcement, shall be addressed solely between the Customer and the Lender.

The Platform’s role is limited to facilitating access to Credit Facilities offered by Lenders and supporting the credit lifecycle in a compliant, transparent, and technology-enabled manner.

3. No Fund Handling

Kiwi does not, at any time, receive, collect, hold, store, pool, or transfer any funds in connection with any Credit Facility made available through the Platform. All disbursals are made directly by the Lender to the Customer’s designated bank account or to such end-use account as agreed between the Lender and the Customer. Similarly, all repayments, including principal, interest, fees, and other charges, are made by the Customer directly to the Lender through payment mechanisms authorised, controlled, and monitored by the Lender. Kiwi does not operate, maintain, or have control over any nodal account, escrow account, pass-through account, or any other intermediary account for the purpose of handling or facilitating fund flows. Kiwi is not involved at any stage in the movement of funds between the Customer and the Lender.

Any payment-related processes made available through the Platform (including payment links, mandates, or integrations with third-party payment systems) are provided solely as a technology enablement feature to facilitate payments directly between the Customer and the Lender. Such mechanisms do not result in Kiwi handling or taking custody of funds at any point in time.

Accordingly, Kiwi shall have no responsibility or liability in respect of any fund flows, including disbursal, repayment processing, settlement, delays, failed transactions, incorrect credits or debits, or reconciliation issues. All such matters shall be the sole responsibility of, and shall be addressed directly between, the Customer and the Lender.

4. Eligibility

(a) 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 LSP-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.

You further represent that you are a citizen and tax resident of India and are not resident in any other jurisdiction, and that you are not barred from or otherwise legally prohibited from accessing or availing Credit Facilities. You agree to avail the Credit Facilities and utilize any loan proceeds solely for lawful purposes and not for any illegal or prohibited activity. We reserve the right to refuse access to or to discontinue Credit Facilities to any person or entity, at any time for any reason. All decisions relating to approval of any Credit Facility shall be at the sole discretion of the relevant Lender.

5. Account Registration and Security

(a) 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 LSP-TOS terms.

(b) 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:

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.

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.

(c) 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.

(d) 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.

(e) 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.

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.

6. User Obligations

1. Customer agrees to comply with all Applicable Laws, rules, regulations, and guidelines while accessing or using the Platform.
2. Customer shall not upload, post, or transmit any information, data, 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 with the Company or Lenders 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 Lenders, including personal details, payment information, credit application 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 Lenders on the Platform. Kiwi does not guarantee the Credit Facilities provided by Lenders. 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 attempting unauthorized access to the Platform, or interfering with other Users’ or Lenders’ 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 Lenders, or dilute any of Kiwi’s trade names, service marks, or associated goodwill.
9. Customer shall provide all necessary consents and authorisations required for the processing of Data, including for KYC verification, credit bureau checks, account aggregation (if applicable), and sharing of information with Lenders, payment system providers, and other regulated entities, in accordance with Applicable Laws.
10. Customer shall not share OTPs, PINs, passwords, or authentication credentials with any person, including employees or representatives of Kiwi or the Lender. Customer shall ensure that any e-mandate, standing instruction, or auto-debit facility set up for repayment is valid, adequately funded, and not revoked without prior agreement with the Lender.
11. Customer shall ensure timely repayment of all amounts due under any Credit Facility availed from the Lender, including principal, interest, fees, penalties, and other applicable charges, in accordance with the terms agreed with the Lender. Any delay or default may result in penalties, impact credit scores, and recovery actions by the Lender in accordance with Applicable Laws.
12. Customer shall ensure that the device(s) used to access the Platform are secure, free from malware, and not used in a manner that may compromise account integrity. Customer shall be responsible for any activity carried out through their registered device or account.
13. Customer shall not misuse the Platform or any Credit Facility for unlawful, speculative, or prohibited activities, including money laundering, fraud, or transactions restricted under Applicable Laws. Customer shall not use the Platform in any manner that circumvents regulatory requirements or the policies of the Lender.
14. Customer shall not impersonate any person or entity or misrepresent identity, financial information, or eligibility for the purpose of availing credit facilities or accessing the Platform.
15. Customer agrees to receive communications, including transactional alerts, repayment reminders, service messages, and regulatory disclosures, from Kiwi and/or the Lender via SMS, email, phone calls, or in-app notifications. Customer shall ensure that registered contact details remain active and updated.
16. Where the Platform integrates with third-party services (including payment systems, UPI platforms, or KYC providers), Customer shall comply with the terms and conditions of such third parties. Kiwi shall not be responsible for any acts or omissions of such third-party service providers.
17. Customer agrees to provide additional information or documentation as may be required by the Lender or Kiwi (as applicable) for verification, audit, regulatory compliance, fraud prevention, or grievance redressal purposes.

Any breach of these obligations may result in suspension or termination of access to the Platform, rejection of applications, recall of Credit Facilities by the Lender, reporting to credit bureaus, and/or legal action, in accordance with Applicable Laws.

7. Platform and Services Ownership

1. 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.
2. 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 LSP-TOS terms.
3. 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.
4. 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.
5. 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.
6. For the avoidance of doubt, while the Company facilitates interactions between the Lenders and Customers through the Services, all Credit Facilities are offered solely by the Lenders, and all related information is provided by the respective Lender. All rights, title, and interest in such Credit Facilities remain with the Lender.
7. By uploading or posting any content on the Platform, the Customer grants the Company a limited, non-exclusive, royalty-free licence to use such content solely for providing and operating the Services and complying with Applicable Laws. The Customer represents that it has the necessary rights to share such content, and the Company shall not be responsible for its accuracy or legality.
8. 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.
9. 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.

8. Cooling-off Period

Any cooling-off (or look-up) period applicable to a Credit Facility shall be determined and provided solely by the Lender in accordance with applicable guidelines and as disclosed in the KFS and/or loan agreement. The Customer may, subject to the Lender’s terms, exit the Credit Facility within such period by repaying the principal amount along with proportionate interest accrued for the period of utilisation, without any prepayment penalty or foreclosure charges. Kiwi does not determine, control, or assume any responsibility for the availability, terms, or implementation of the cooling-off period, which shall remain solely with the Lender.

9. Repayments, Collections and Recovery

1. Kiwi shall ensure that any collection or recovery-related support provided through the Platform is carried out strictly in compliance with Applicable Laws. Kiwi shall not engage in, or permit, any coercive, abusive, or unlawful recovery practices. All recovery activities in relation to Credit Facilities shall be undertaken by, or under the supervision and control of, the relevant Lender.
2. The Customer shall repay all amounts due under any Credit Facility, including principal, interest, fees, and other charges, in accordance with the repayment schedule and terms specified by the Lender in the relevant loan agreement and/or KFS. Unless otherwise specified by the Lender, payments received shall be appropriated towards outstanding dues in the order of charges, interest, and principal.
3. The Customer acknowledges and agrees that Kiwi may, on behalf of and in accordance with the instructions of the Lender, use the Customer’s contact information to send payment reminders, alerts, and other communications in relation to amounts due under a Credit Facility through SMS, calls, email, or in-app notifications. Such communications shall be carried out in a reasonable manner and at appropriate times, in compliance with Applicable Laws. Non-receipt of any such communication shall not absolve the Customer of their repayment obligations.
4. The Customer may be required to set up e-mandates, standing instructions, UPI AutoPay, or other auto-debit mechanisms for repayment, as specified by the Lender. The Customer shall ensure that such mandates remain valid and that sufficient funds are maintained in the designated account to honour repayment obligations. Failure of such mandates, including due to insufficient balance, shall not discharge the Customer’s liability and may constitute a default.
5. In the event of any delay or default in repayment, the Lender may, in accordance with Applicable Laws, initiate recovery actions and report such default to credit information companies. Kiwi may facilitate such reporting strictly in accordance with the Lender’s instructions and applicable law.
6. The Customer acknowledges that default or delay in repayment may result in consequences including, but not limited to: (i) levy of penal charges or interest by the Lender; (ii) restriction, suspension, or blocking of credit lines, including usage through UPI or other linked payment mechanisms; (iii) reporting to credit information companies, which may adversely impact the Customer’s credit score and future borrowing ability; and (iv) initiation of recovery proceedings by the Lender in accordance with Applicable Laws.
7. All repayments shall be made directly by the Customer to the Lender through authorised payment mechanisms, including UPI, bank transfers, or other modes specified by the Lender. Kiwi does not accept or handle cash payments. Any payments made outside authorised channels shall be at the Customer’s sole risk. Kiwi shall not be responsible for any delays, failures, or errors in payment processing caused by banks, payment system providers, or technical issues beyond its control.
8. The Customer may prepay or foreclose the Credit Facility in accordance with the terms specified by the Lender, including any applicable charges as disclosed in the KFS or loan agreement.
9. The Credit Facility shall be deemed closed only upon full repayment of all amounts due and confirmation by the Lender. Any no-dues certificate or closure confirmation shall be issued by the Lender in accordance with its policies.
10. The Customer’s repayment obligations shall be absolute and unconditional and shall not be affected by any dispute with Kiwi or any issue relating to the Platform or Services.

10. Disclaimers

1. UPI Credit Line Clarification - The Customer acknowledges that any credit line made available through UPI-enabled platforms is a Credit Facility issued solely by the Lender and is credit-based, and not linked to or dependent on the balance available in the Customer’s bank account. Any transaction undertaken using such credit line constitutes utilisation of the Credit Facility and creates a repayment obligation on the Customer towards the Lender. All such transactions, including payments to merchants or third parties, shall be governed by the terms of the loan agreement and/or KFS issued by the Lender. The underlying credit relationship remains solely between the Customer and the Lender, and Kiwi shall have no control over or liability in respect of such Credit Facility or its utilisation.
2. All Credit Facilities made available through the Platform are offered solely by the Lender. The nature, scope, pricing, tenure, eligibility, and all other terms of such Credit Facilities are independently determined by the Lender and agreed upon between the Customer and the Lender. Kiwi does not influence, participate in, or control such terms and is not a party to any loan agreement. Kiwi shall not be responsible or liable for any decision of the Lender, including approval, rejection, withdrawal, or modification of any Credit Facility.
3. Kiwi operates solely as a LSP and provides a technology platform to facilitate access to Credit Facilities and associated services. Kiwi does not provide any financial, legal, or credit advice, and nothing on the Platform shall be construed as a recommendation or advice. Customers are solely responsible for evaluating the suitability and appropriateness of any Credit Facility.
4. Kiwi may rely on information, data, and documents provided by Customers or third parties for the purposes of providing the Services. Kiwi shall not be responsible for any inaccuracies, misrepresentations, or omissions in such information, or for any consequences arising therefrom.
5. Kiwi may engage third-party service providers or subcontractors for permitted activities, including KYC verification, customer communication, and collection support, in accordance with Applicable Laws. The Platform and Services may depend on third-party systems, including payment networks, banking infrastructure, and technology integrations. Kiwi shall not be liable for any acts, omissions, delays, failures, or errors attributable to such third parties or systems.
6. The presence of any Lender on the Platform does not constitute any endorsement, recommendation, or guarantee by Kiwi. Customers are responsible for independently evaluating the credentials, quality, and suitability of any Lender prior to availing a Credit Facility.
7. The Platform and Services are provided on an “as-is” and “as available” basis. Kiwi makes no warranties, express or implied, including with respect to accuracy, completeness, fitness for purpose, or uninterrupted availability. Kiwi does not warrant that the Platform or Services will be error-free, secure, free from interruptions, or available at all times, including due to maintenance, upgrades, or technical issues.
8. Kiwi reserves the right to remove content or restrict access to the Platform where required to comply with Applicable Laws, regulatory requirements, or governmental orders. The availability and functionality of the Platform and Services may also be impacted by changes in Applicable Laws, regulatory directions, or force majeure events, and Kiwi shall not be liable for any resulting disruption.
9. All content, listings, reviews, ratings, communications, or advertisements provided by Users (“Third-Party Content”) are solely the responsibility of the party who creates or submits such content. Kiwi does not endorse, control, or guarantee any Third-Party Content and shall not be liable for any loss, damage, or dispute arising therefrom, including with respect to its accuracy, completeness, legality, or quality. Kiwi reserves the right to remove, block, or restrict access to any content that violates Applicable Laws or is misleading, fraudulent, offensive, or otherwise harmful.
10. Customers acknowledge that use of the Platform involves inherent risks, including reliance on information and the suitability of Credit Facilities. Customers agree to exercise independent judgment and due diligence and not rely solely on the Platform or any content available therein.
11. Any fees payable to Kiwi for the Services shall be borne by the Lender and shall not be charged directly to the Customer unless expressly permitted under Applicable Law.
12. The use of any credit line through UPI-enabled platforms or other payment systems does not alter the underlying credit relationship, which remains solely between the Customer and the Lender.
13. Kiwi shall not be responsible or liable for any loss or damage arising out of or in connection with payment transactions, including but not limited to: (i) unauthorised transactions; (ii) exceeding limits set by banks or payment providers; (iii) technical or network failures; (iv) delays, failures, or declines in processing transactions; or (v) any other issues arising from the payment process.
14. All payments shall be made in Indian Rupees (INR) in accordance with Applicable Laws. Customers may be required to provide identification or verification details as requested by the Lender or relevant payment provider for authentication of transactions.
15. Kiwi may partner with authorised third-party payment aggregators and payment system providers, including UPI infrastructure, to enable Customers to access and utilise Credit Facilities offered by Lenders. Kiwi shall not be liable for any delays, failures, or errors attributable to such entities or network providers.
16. Kiwi’s liability shall at all times be limited to its role as a lending service provider and shall not extend to any acts or omissions of the Lender, payment system providers, or other third parties.

11. Term and Termination

1. Term: These Terms shall remain in effect from the date the Customer accesses or uses the Platform until terminated in accordance with this paragraph.
2. Termination by Customer: The Customer may stop using the Platform at any time. Such discontinuation shall not affect any existing obligations, including under any Credit Facility.
3. Termination by Kiwi: Kiwi may suspend or terminate access to the Platform, with or without notice, in case of breach of these Terms, Applicable Laws, provision of incorrect information, suspected fraud, non-compliance with KYC requirements, or pursuant to regulatory directions.
4. Effect of Termination: Upon termination or suspension, access to the Platform may be restricted or disabled. Termination shall not affect the validity or enforceability of any Credit Facility, and all obligations between the Customer and the Lender shall continue.
5. Survival: Obligations which by their nature are intended to survive, including repayment obligations, disclaimers, and limitation of liability, shall survive termination.

12. 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.
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 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 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 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.
7. 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.

13. 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 LSP-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. This indemnity obligation survives the termination or suspension of your account and continues to apply after you cease using the Platform.

14. 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.

Without prejudice to the foregoing, you expressly acknowledge and agree that all Credit Facilities are offered solely by the Lenders, and the Company shall have no responsibility or liability in relation to any acts, omissions, decisions, representations, or services of any Lender.

You hereby expressly release the Company, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, demands, liabilities, damages, losses, or expenses, whether direct or indirect, arising out of or in connection with: (i) any action or omission of a Lender; (ii) any credit decision, sanction, disbursement, repayment, or recovery process; or (iii) any communication, marketing material, or representation made by a Lender through any channel.

The Company does not examine, evaluate, warrant, or endorse any Lender, its offerings, or its content, and shall not be liable for any loss or damage arising from your reliance on or interaction with any Lender.

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 or to the extent as permitted as per applicable law. 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 a facilitator inherently limits its responsibility for the acts, omissions, or performance of third parties, including the Lenders.

These limitations of liability shall survive the termination, suspension, or expiry of your account or the LSP-TOS terms and shall continue to apply notwithstanding any failure of essential purpose of any remedy provided herein.

15. 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.

16. Refunds

Refunds, if any, in relation to Credit Facilities shall be governed by the policies of the relevant Lender. Kiwi does not process or guarantee refunds and is not responsible for any disputes relating to loan disbursement, repayment, or reversals.

17. Fraudulent Activities

1. 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.
2. Kiwi further reserves the right to refuse, delay, or cancel any transaction initiated by a Customer who has a prior history of disputed, unauthorized, or suspicious charges, or who has previously violated any applicable law, the LSP-TOS, or any other policy or agreement with Kiwi.
3. 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 account(s), without prior notice.
4. 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.
5. Amounts received from Customers shall be processed directly between the Customer and the relevant Lender through authorized payment systems. Kiwi shall not receive, hold, pool, or transfer funds in connection with any Credit Facility.
6. All Customers 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.
7. The Customer or 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.
8. Kiwi reserves the right to recover from the Customer any financial loss, cost, or expense incurred due to chargebacks, penalties, or other claims resulting from fraudulent, unauthorized, or unlawful use of the Platform.

18. Takedown Notice and Content Compliance

1. Users, rights holders, or other concerned parties may notify Kiwi if they believe that any content on the Platform, 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.
2. Kiwi is not responsible for the creation, accuracy, legality, or reliability of third-party content and shall not be liable unless it has actual knowledge of unlawful content or fails to act expeditiously upon receiving a valid notice. Upon such notice, Kiwi may remove or disable access to the content in compliance with Applicable Laws. Any such action is a protective measure and shall not be construed as an acknowledgment of liability or wrongdoing.
3. 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.

4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

19. Privacy and Data

1. Kiwi collects, stores, and processes Customer data in accordance with its Privacy Policy (as available on the Company’s website), which forms part of this LSP-TOS. Such data may be shared with Lenders and other regulated entities strictly for the purposes of credit assessment, underwriting support, servicing of Credit Facilities, compliance with Applicable Laws, and other lawful purposes connected with the provision of Services. The Customer hereby provides explicit consent for the sharing of such data, including with credit information companies, for purposes including credit evaluation, reporting of repayment behaviour, and compliance with regulatory requirements.
2. In addition to the terms set out in the Privacy Policy, Kiwi shall, upon receiving instructions from the relevant Bank, delete or cause the deletion of Customer Data collected and processed on behalf of the Bank within thirty days (30) days from the date of such instruction. Kiwi shall not store or retain any personal information of the Customer except such minimal basic information (including the Customer’s name, address, and contact details) as may be reasonably required for carrying out its operations and services strictly within the scope of the agreement between the Bank and Kiwi and in compliance with applicable laws and regulatory requirements.

20. 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 LSP-TOS.

21. Changes and Updates to the Terms and Conditions and LSP-TOS

Your use of the Platform is subject to your acceptance of the LSP-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 LSP-TOS, it is important for you to refer to the LSP-TOS from time to time. The updated LSP-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 LSP-TOS. You shall be solely responsible for reviewing the LSP-TOS from time to time for any modifications. If you continue to use the Platform/Services after the updated LSP-TOS have been published, it shall be deemed that you have read and understood and accept the updated LSP-TOS. Any reference to LSP-TOS, made herein shall refer to the latest version of the same.

22. 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 courts located at Mumbai, Maharashtra India.

23. Miscellaneous

1. The LSP-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 LSP-TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the LSP-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 LSP-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 LSP-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.

24. Grievance Redressal Mechanism

Any discrepancies, complaints, or grievances related to content, comments, or any breach of these Terms of Service shall be in accordance with Applicable Laws. Users may raise complaints or grievances through the following escalation mechanism.

Level 1: Kiwi (Platform-Level Support)

Grievance Officer for Kiwi: Anthony Mathew
Email ID: grievance@gokiwi.in
Address: 3rd floor, olsen Spaces No1505, 19th Main Road HSR Layout Bangalore, Karnataka 560102

Users may use the grievance redressal system provided on the Platform to lodge complaints, ensuring clear communication of the issue, supporting details, and any relevant evidence. Kiwi shall endeavour to acknowledge complaints within 48 hours and resolve them within 30 (thirty) days from the date of receipt.

Level 2: Lender (Credit Facility-Related Grievances)

All Credit Facilities are offered and serviced solely by the relevant Lender. Accordingly, any grievances relating to credit decisions, loan terms, disbursement, repayment, charges, or recovery shall be raised directly with the Lender.

Details of the relevant Lender and its grievance redressal mechanism shall be made available to the User at the time of availing the Credit Facility and/or through the Platform. Kiwi may, on a best-efforts basis, facilitate coordination between the User and the Lender for resolution of such grievances, without assuming any responsibility or liability in relation thereto.

Level 3: Regulatory Escalation

If the grievance remains unresolved, the User may approach the RBI under the Integrated Ombudsman Scheme (as applicable) through:

CMS Portal: https://cms.rbi.org.in/
Physical complaint: Centralised Receipt and Processing Centre 4th Floor, Reserve Bank of India Sector -17, Central Vista Chandigarh - 160017.

25. Contact: Nodal Officer

Name: Anthony Mathew S A
Email: anthony@gokiwi.in
Number: 08071515300