Terms and Conditions for Unified Payment Interface (UPI)

The terms and conditions regulate the payments under the UPI, a payment service platform ("UPI Platform") developed by NPCI, an umbrella organisation incorporated in 2008 and acting as the settlement/clearing house/regulatory agency for UPI services. The UPI Platform is being offered by Gokiwi Private Limited a company incorporated under the Companies Act, 2013 with its registered office at A-101, Tower 5, Plot 8P-T, T-5, Diero, Lodha new cuffe parade, Antop Hill, Mumbai – 400037 and Principal office at – Urban Vault, HSR Layout 1608, 7th Cross road, sector 1, HSR layout,Agara Village, Bangalore - 560102 India.

By using the UPI services (“UPI Services”) provided by Us, You agree to be bound by the Terms and Conditions (“UPI Terms and Conditions”).

Defined terms will have the same meaning as those found in the Terms of Use, unless otherwise re-defined herein.

Definitions:

1. "Buyer" shall refer to the person who purchases any of the goods or services provided online or offline by the Merchants;
2. "NPCI” shall mean an authorized payment system operator by RBI. NPCI owns and operates UPI payment system.
3. "Merchant" shall include any establishment and/or entity which accepts the UPI payments through Gokiwi App ("Gokiwi UPI") as a payment method for online or offline purchase of goods and/or services;
4. “PSP” shall mean the banking company authorized to act as a Payment Service Provider (PSP) under the UPI framework. PSP engages the TPAP to provide UPI services to the end-user customers.
5. “RBI” shall mean the Reserve Bank of India;
6. “UPI” shall mean Unified Payments Interface which is an instant real-time payment system that helps to transfer cash immediately via a mobile interface between the two bank accounts.
7. "We", "Us", "Our" shall mean Gokiwi Private Limited;
8. 'You/Your' or "User" shall mean any natural or legal person who has registered for Gokiwi Services, linked his/her bank account for UPI payments and who has accepted these UPI Terms and Conditions.

If You transact using the Gokiwi App or any Merchant website/ Merchant platform, these conditions will be applicable. By mere use of the Gokiwi App, You shall be contracting with Gokiwi, and these UPI Terms and Conditions including the policies constitute Your binding obligations, with Gokiwi.

(A) CHANGE IN POLICY

We're constantly trying to improve our Services, so We may need to change the UPI Terms and Condition from time to time as well. Any changes shall be effective immediately upon the posting of the revised UPI Terms and Conditions. We encourage you to periodically review this page for latest updates of the UPI Terms and Conditions. Your continued use of Gokiwi App following the posting of changes will mean that You accept and agree to the revisions including additional UPI Terms and Conditions or removal of portions of these UPI Terms and Conditions, modifications etc. As long as You comply with these UPI Terms and Conditions, We grant You a personal, non- exclusive, non-transferable, limited privilege to enter and avail the UPI Services. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the UPI Terms and Conditions have been posted, that means you agree to all of the changes.

(B) USE OF SERVICES

Using Gokiwi App indicates Your agreement to all the UPI Terms and Conditions. By impliedly or expressly accepting these UPI Terms and Conditions, You also accept and agree to be bound by Our Policies (including but not limited to Privacy Policy available on the Our website https://gokiwi.in/ and https://kiwicard.co.in/) as amended from time to time. If You suspect that there is an error in the information supplied by Us, You shall inform Us immediately. We will endeavor to correct the error promptly wherever possible on a best effort basis

Additionally users must be registered for UPI Payment on Gokiwi App and should have linked his/her bank account.

UPI feature can be used only for following type of transactions:

1. Merchant payments by scan QR or other apps
2. Person-to-person payments
3. Credit from other apps

(D) REGISTRATION

KYC documents may be asked by Gokiwi from You at the time of activation and/ or on a later date, for availing and / or continuation of UPI Services if required by any regulatory , legal or statutory authority. Gokiwi shall not be responsible for wrong details being entered by the User

In the event the beneficiary/KYC details provided are found to be incorrect/ insufficient, Gokiwi retains the right to block Your Gokiwi account. Gokiwi retains the right to share the details of the transaction undertaken using the Gokiwi account and the end beneficiary/ KYC details with RBI or any statutory/legal authority, as per statutory guidelines issued from time to time.

You are solely responsible for linking Your correct bank account/Rupay credit card account.

Since Your mobile number is treated as the primary identifier, Your mobile number needs to be updated with the bank linked to Gokiwi App in case of any changes.

If You change the mobile number registered with Your Gokiwi account, You will have to re-register Your new mobile number with Gokiwi. To re-enable the Service, You need to register Your new mobile number with Your bank as well.

You agree that Your UPI ID will act as Your identity for all payment transactions and all requests to Your Gokiwi account will be raised to Your UPI ID unless another UPI ID is explicitly specified.

You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with these UPI Terms and Conditions, We shall have the right to indefinitely suspend or terminate or block access to Your Account.

(E) CONFIDENTIALITY

We shall ensure that all Your confidential data pertaining to Your transactions, account/card details, and all other sensitive personal information are protected and kept confidential by employing best available protection standards, which are more fully set out in Our Privacy Policy. We reserve the right to use Your transaction data for cross-selling/promotions/offers/value added services/increasing transactions/better user experience/such other purpose as may be required by Us.

You are solely responsible to keep Your one time password, UPI PIN, and account/card related details confidential. Sharing such information with others may lead to unauthorized usage, for which Gokiwi shall not be responsible.

(F) TRANSACTIONS THROUGH GOKIWI UPI

Gokiwi UPI can be used for money transfers from one person to another person or to purchase products and services online or offline on any merchant platform.

The UPI PIN needs to be entered on Your mobile to authorize every Gokiwi UPI payment. You need to ensure that You are connected to the internet at the time of making any transaction.

Gokiwi UPI is one of the payment options available to the Users on various merchant platforms and We assume no responsibility for the products or services purchased using Gokiwi UPI and any liability thereof is expressly disclaimed.

You shall only use Gokiwi UPI Services to process a transaction to make payment for legitimate and bona fide purposes including purchase of goods and services. You shall not use Gokiwi UPI Service to process payment transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.

We may establish general practices and limits concerning use of Gokiwi UPI. We reserve the right to change, suspend or discontinue any aspect of Gokiwi UPI at any time, including hours of operation or availability of Gokiwi UPI Services or any Gokiwi UPI Service feature, without notice and without liability. We also reserve the right to impose limits on certain features or restrict access to parts or all of the service without notice and without liability. We may decline to process any Payment Transaction without prior notice to sender or recipient. We also reserve the right to automatically block any communication received by a User from a non- Gokiwi UPI account, including any payment requests, that is deemed to be spam or a fraudulent communication.

We may reject a transaction and/or settlement of payments for various reasons, including but not limited to risk management, suspicion of fraudulent, illegal, or doubtful transactions, selling of prohibited items, use of compromised or blacklisted cards or UPI accounts, chargebacks/complaints or for other reasons as prescribed under applicable laws or rules of Participating Banks. In the event that a Transaction is rejected or is unable to be completed, We will either transfer the funds back to the Your funding account or will handle the funds in accordance with applicable laws or participating bank rules.

(G) WARRANTY

We do not warrant that the functions contained in Gokiwi UPI will be uninterrupted or error free, and We shall not be responsible for any Service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions or any other reasons beyond reasonable control of Gokiwi).

(H) UPI LIMITS ISSUED BY NPCI

Requirements and Limits for Gokiwi UPI will be defined by RBI /NPCI / PSP Bank or the issuing bank who has provided you the bank account or Rupay credit card.

(I) CHARGES

Membership is free for Users. Gokiwi does not charge its Users any fee for creating an Account or use of UPI Services. Gokiwi reserves the right to change its fee policy from time to time. In particular, Gokiwi may at its sole discretion introduce new services and modify some or all of the existing UPI Services offered on the Platform. In such an event, We reserve the right to introduce fees for the new services offered or amend/introduce fees for existing UPI Services, as the case may be. Changes to the fee policy shall be posted on the website/app and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
Your bank may charge You a nominal transaction fee for UPI transfers- please check with Your bank for any such charges.
The reporting and payment of any applicable taxes arising from the use of Gokiwi UPI is Your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with Your use of Gokiwi UPI, including without limitation, the reporting and payment of any taxes arising in connection with Payments made through Gokiwi UPI, or funds/income received through Gokiwi UPI.
You herein agree and accepts that, in case of any discrepancy in the information provided by You for availing this Service and the onus thereof shall always be upon the You only and thus You agrees to furnish accurate information at all times to Us.

(J) TERMINATION

We reserve the right, in Our sole and absolute discretion, to suspend or terminate Your use of one or more UPI Services, without notice and without liability to You or any third party, for any reason, including without limitation inactivity or violation of these UPI Terms and Conditions or other policies We may establish from time to time.

(L) LIABILITY

We shall not be held liable & responsible for any loss, cost or damage suffered by You due to disclosure of Your personal or any other information to a third party including Government/Regulatory authorities by Us, for reasons inclusive but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal or regulatory directive, for statistical analysis or for credit rating or for any legal or regulatory compliance.

You agree to release Us and Our partner Bank(s), agents, contractors, officers, and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected to any transaction made through Gokiwi App. You agree that You will not involve Gokiwi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any recipient, sender, merchant, advertiser or other third party in connection with the Gokiwi UPI Service. If You attempt to do so, (i) You shall pay all costs and attorneys' fees of Gokiwi, and group companies and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in the Jurisdiction Clause below.

You are solely responsible for protecting Your mobile phone/device, virtual address, and UPI PIN set for the availing of the UPI Services.

You shall be liable for any kind of unauthorized or unlawful use, misuse, or leakage of any of the virtual address or MPIN/Passwords/Passcodes issued by Us in respect of the UPI Services or any fraudulent or erroneous instruction given by You and any financial charges thus incurred shall be payable by You only

You shall be liable for all loss, cost, or damage, if You have breached the UPI Terms and Conditions contained herein or other additional terms and conditions mentioned above or contributed or caused the loss by negligent actions or a failure on Your part to advise Us within a reasonable time about any unauthorized access in your Gokiwi account used for this UPI Services.

(M) JURISDICTION

You agree that any legal action or proceedings arising out of the aforementioned documents shall be brought exclusively in the competent courts/tribunals having jurisdiction in Bangalore, India and irrevocably submit themselves to the jurisdiction of such courts/tribunals.

(N) ASSIGNMENT

You agree that any legal action or proceedings arising out of the aforementioned documents shall be brought exclusively in the competent courts/tribunals having jurisdiction in Bangalore, India and irrevocably submit themselves to the jurisdiction of such courts/tribunals.

(O) WAIVER

Unless otherwise expressly stated in this UPI Terms and Conditions, the failure to exercise or delay in exercising a right or remedy under these UPI Terms and Conditions will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under the UPI Terms and Conditions will prevent any further exercise of the right or remedy or the exercise of any other right or remedy

(P) ENFORCEABILITY

These UPI Terms and Conditions, which by their nature and content are intended to survive the performance hereof by any or all parties hereto will so survive the completion and termination of these UPI Terms and Conditions.
If any provision of the UPI Terms and Conditions is or becomes, in whole or in part, invalid or unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions. If any court/tribunal of competent jurisdiction holds any of the provisions of the UPI Terms and Conditions unlawful or otherwise ineffective, the remaining of the UPI Terms and Conditions will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision reflecting the intent of the provision so substituted.

(Q) QUERIES AND/OR GRIEVANCE REDRESSAL POLICY

If you have grievance or complaint, questions, comments, concerns or feedback in relation to the processing of information and/or regarding to the Privacy Policy or any other privacy or security concern, kindly send an e-mail to Service@gokiwi.in.
Before We are able to provide you with any information or correct any inaccuracies, however, We may ask you to verify your identity and to provide other details to ascertain your identity and to help us to respond to your request. We will contact you within 5 days of your request.

Disclaimer: These UPI Services, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through the UPI Services, are provided "as is." To the fullest extent permissible by law, We, and our agents, co-branders or other partners, including but not limited to, device manufacturers (collectively, "Gokiwi Parties"), make no representation or warranty of any kind whatsoever for the UPI Services or the content, materials, information and functions made accessible by the software used on or accessed through the UPI Services, or for any breach of security associated with the transmission of sensitive information through the UPI Services. Each Gokiwi Party disclaims without limitation, any warranty of any kind with respect to the UPI Services, noninfringement, merchantability, or fitness for a particular purpose.
The Gokiwi Parties are not responsible for the accuracy of any payment instrument, including without limitation whether such information is current and up-to-date. Without limiting the generality of the preceding sentence, you expressly acknowledge and agree that such information is reported by the bank as of a particular time established by the bank and may not accurately reflect your current transactions, available balance, or other account or program details at the time they are displayed to you through the UPI Services or at the time you make a purchase or redemption. You may incur fees, such as overdraft fees or other charges as a result of such transactions, per your agreement with your bank, or your attempt to make a purchase or redemption may not be successful.