Terms of Service

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 and mobile application and any service availed by Users (defined below) through the Platform is conditioned upon your acceptance of the terms and conditions contained in this Terms of Service ("TOS").

This 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 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 TOS. The TOS shall govern the Company's relationship with User in relation to the usage of the Platform. The TOS shall 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 TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

Definitions

• Applicable Laws: means all laws, rules, regulations, statutes, ordinances, and government orders or directives of India that are applicable to the use of the Platform, including but not limited to the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, consumer protection laws, and any other relevant regulations concerning e-commerce, data protection, online content, national security, and sovereignty.
• EPF: shall refer to the Employees' Provident Fund.
• EPFO: shall refer to the Employees' Provident Fund Organisation.
• 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 include, without limitation, earthquakes, floods, hurricanes, fires, storms, changes in laws, regulations, network outages, hacking, malware attacks, denial-of-service attacks, strikes, labour disputes, riots, civil unrest, war, terrorism, pandemics, epidemics, or any other event beyond the reasonable control of the affected party.
• OTP: shall mean One-Time Password.
• PAN: shall mean the Permanent Account Number issued by the Income Tax Department of India under the Income-tax Act, 1961.
• Platform: refers to the websites, and mobile applications, provided by the Company that facilitate the fetching of EPF data and passbook and displaying of the same to the User.
• UAN: shall mean the Universal Account Number issued by the EPFO.
• User: means any individual who accesses or uses the Platform to view his/her EPF data and passbook or simply visits the Platform. Customers are required to register on the Platform in accordance with these Terms of Service and must meet the eligibility criteria set forth herein.

Services Provided

Kiwi, through the Platform, enables Users to securely access and view their EPF data, including the EPF passbook and related account details, as made available by the EPFO. For the purpose of accessing such information, the User is required to authenticate their identity by generating an OTP. The OTP is sent to the mobile number registered with the EPF records and is used to verify and link the User's mobile number with the Platform. Access to the EPF data is granted only upon successful OTP verification, thereby ensuring that the information is accessed solely by the authorised User.

Kiwi does not own, host, or control the underlying EPF systems, databases, or governmental infrastructure from which the EPF data is sourced, nor does it independently generate or modify such data.

Kiwi merely facilitates access to information made available through the relevant statutory authorities, based on the User's authenticated request. Accordingly, Kiwi is not responsible for the accuracy, completeness, timeliness, or continued availability of such EPF data.

Kiwi does not impose any independent cut-off date for the availability of such historical data pertaining to a User's EPF records. The extent, duration, and availability of EPF records accessible through the Platform shall be subject solely to the policies, technical limitations, data retention practices, and systems of the EPFO (or its associates), as updated from time to time.

Kiwi does not warrant the completeness, continuity, or availability of historical EPF data and shall not be liable for any limitation, delay, inaccuracy, or discontinuation of data made available by the EPFO.

Eligibility

By accessing or using the Platform, you affirm that you are at least eighteen (18) years of age and are fully capable of entering into and complying with the terms, conditions, obligations, representations, and warranties set forth in the TOS. The 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.

The Platform may be used:

• by an EPF member for the sole purpose of accessing and viewing their own EPF data;
• by the lawful legal heir(s), nominee(s), executor(s), administrator(s), or duly authorised representative(s) of a deceased EPF member, strictly for purposes permitted under Applicable Laws;
• by the lawful natural guardian, court-appointed guardian, or legally authorised representative of a minor EPF beneficiary;
• by the lawful guardian, court-appointed representative, or person otherwise legally authorised to act on behalf of an individual who is of unsound mind, disabled, incapacitated, or otherwise incompetent to contract under Applicable Laws,

provided in each case that such person has valid and subsisting legal authority under Applicable Laws to access, review, or act in relation to the EPF account concerned.

Where you access the Platform in a representative capacity (including as a legal heir, nominee, executor, administrator, or guardian), you expressly represent and warrant that:

• you possess all necessary legal rights, authority, and documentation to act on behalf of the EPF member or beneficiary;
• such authority is valid, enforceable, and not subject to dispute; and
• your access to the EPF data does not violate any succession laws, court orders, statutory restrictions, or rights of third parties.

You acknowledge that Kiwi does not adjudicate succession disputes, verify heirship claims, or determine competing rights to EPF benefits. Kiwi may, at its discretion and where required under Applicable Laws, request reasonable documentary evidence of authority. Failure to provide such evidence may result in restriction or suspension of access.

Kiwi reserves the right to suspend, restrict, or terminate access to the Platform where it has reasonable grounds to believe that access is being undertaken without lawful authority, is subject to dispute, or may expose the Platform to legal or regulatory risk. Kiwi shall not be liable for any loss, delay, or inability to access EPF data arising from such restriction or suspension.

Account Registration and Security

The Platform does not require the creation or maintenance of a user account. Access to EPF data is enabled solely upon submission of certain identification particulars, including the registered mobile number, PAN, and/or UAN number, followed by successful completion of OTP authentication. You represent and warrant that all information submitted for authentication purposes is true, accurate, current, and complete, and that you are duly authorised to use such credentials for accessing the relevant EPF data.

Access to EPF data is session-based and is initiated strictly at your request upon successful authentication through the statutory authority's systems.

Kiwi does not independently verify, validate, or maintain EPF credentials. Kiwi does not require or permanently store EPF passwords, and any OTP processed by Kiwi is used solely for enabling secure access and is not retained beyond what is technically necessary for such purpose.

You are solely responsible for maintaining control over your registered mobile number, safeguarding any OTP received, and ensuring that such OTP is not disclosed, shared, or misused. Any access to EPF data resulting from successful authentication shall be deemed to have been authorised by you. Kiwi shall not be liable for any unauthorised access, misuse, loss, disclosure, or compromise of EPF data arising from incorrect or misleading information provided by you, compromise of your device or mobile network, disclosure of OTPs, phishing or social engineering attacks, or any event beyond Kiwi's reasonable control.

Kiwi reserves the right to deny, suspend, or restrict access to the Platform where it reasonably suspects misuse, unauthorised access, fraudulent activity, security risks, or non-compliance with Applicable Laws, and such restriction shall not give rise to any liability on the part of Kiwi.

Platform Rules and User Obligations

You agree to comply with all Applicable Laws while accessing or using the Platform, including laws relating to data protection, privacy, cybersecurity, and unauthorised access to information systems.

You shall access only your own EPF account and shall not attempt to access, retrieve, or view EPF data of any other individual without lawful authority.

You shall provide accurate and complete information for authentication purposes, including ensuring that the mobile number used for OTP verification is lawfully registered and linked to your EPF account.

You are solely responsible for maintaining the confidentiality of your login credentials (such as phone number, PAN and UAN details and OTPs). Any activity conducted through your authenticated session shall be deemed to have been undertaken by you. You must immediately notify Kiwi of any suspected unauthorised access or security breach.

You shall not:

• misuse the OTP authentication mechanism;
• attempt to hack, reverse engineer, scrape, extract, or interfere with the Platform or connected systems; or
• introduce malware, viruses, or harmful code.

You agree to use the EPF data accessed through the Platform solely for lawful, personal informational purposes and not for commercial exploitation or redistribution.

You agree to cooperate with Kiwi in connection with any security investigation, regulatory inquiry, or compliance requirement relating to your use of the Platform.

You shall not make any false, misleading, or defamatory statements about the Platform. Nothing in this clause restricts your lawful right to raise grievances or complaints through appropriate legal or regulatory channels.

Users shall refrain from making any negative, disparaging, or defamatory remarks about Kiwi, the "Kiwi" name, the Kiwi Platform, or any domain or brand name used by Kiwi. Users shall also not engage in any conduct or action that could tarnish the reputation, image, or goodwill of Kiwi or its Service Providers, or dilute any of Kiwi's trade names, service marks, or associated goodwill.

You agree not to:

• attempt unauthorised access to any account, system, or EPF data (including that of another person);
• misuse OTP authentication or security credentials;
• interfere with, disrupt, hack, scrape, reverse engineer, or compromise the Platform or connected systems;
• impersonate any person or misrepresent your identity; or
• use EPF data in violation of Applicable Laws.

Kiwi may monitor usage to the extent permitted by Applicable Laws and may suspend, restrict, or terminate access in case of breach, misuse, or security risk.

Platform and Intellectual Property Ownership

You acknowledge and agree that the Platform, including its software, source code, object code, user interface, design, layout, databases, algorithms, APIs, text, graphics, trademarks, logos, service marks, trade names, and all other intellectual property and proprietary materials (collectively, the "Platform IP"), is and shall remain the exclusive property of Kiwi or its licensors.

Except for the limited, revocable, non-exclusive, non-transferable right granted to you to access and use the Platform solely for viewing your own EPF data in accordance with these Terms, no right, title, or interest in the Platform IP is transferred to you.

You shall not, directly, or indirectly:

• copy, reproduce, modify, adapt, translate, decompile, reverse engineer, disassemble, or attempt to derive the source code or underlying structure of the Platform;
• distribute, sublicense, lease, assign, commercially exploit, or create derivative works of the Platform; or
• use the Platform in any manner that infringes or violates the intellectual property or proprietary rights of Kiwi or any third party.

Any updates, upgrades, enhancements, or modifications to the Platform shall form part of the Platform IP and shall be owned exclusively by Kiwi. Kiwi reserves the right to modify, suspend, or discontinue any feature of the Platform at any time without liability.

Platform as an Intermediary

Kiwi operates solely as a technology intermediary that enables Users to securely access and view their EPF data as made available by the relevant statutory authority, including the EPFO. The Platform provides the technical interface and authentication mechanism required to facilitate such access but does not create, host, maintain, or control the underlying EPF database or governmental systems.

The Platform's role is limited to enabling authenticated retrieval and display of EPF data at the User's request. Kiwi does not generate, modify, verify, validate, or guarantee the accuracy, completeness, legality, or timeliness of any EPF data displayed. Kiwi does not become a party to, nor assume any responsibility for, any interaction between the User and the relevant statutory authority.

All EPF data displayed on the Platform is sourced directly from the EPFO and is the sole responsibility of such authority. Kiwi does not endorse, certify, or warrant such data and shall not be liable for any loss, damage, or dispute arising from reliance thereon.

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted under Applicable Laws, Kiwi makes no express or implied warranties, including warranties of accuracy, completeness, fitness for a particular purpose, non-infringement, uninterrupted availability, or error-free operation.

Indemnity

You agree to indemnify, defend, and hold harmless Kiwi, its affiliates, directors, officers, employees, and representatives from and against any and all claims, demands, actions, liabilities, losses, damages, costs, or expenses (including reasonable legal fees) arising out of or in connection with:

• your access to or use of the Platform;
• any action or omission through your account;
• any breach or alleged breach of these Terms, including misuse of the authentication mechanism (including OTP), security credentials, or account access;
• any violation of Applicable Laws, or infringement of any rights of any third party;
• any unauthorised access, misuse, misrepresentation, or unlawful use of EPF data obtained through the Platform; or
• any dispute between you and the relevant statutory authority concerning your EPF account or related data.

Kiwi acts solely as a technology facilitator enabling access to EPF data made available by the relevant statutory authority and does not control or modify such data. This indemnity obligation shall survive suspension, termination, or cessation of your use of the Platform.

Limitation of Liability

To the fullest extent permitted by applicable law, the Company, its affiliates, officers, directors, employees, agents, and representatives shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, whether foreseeable or not. This includes, without limitation, any loss of profits, revenue, data, goodwill, business opportunities, anticipated savings, or any other economic or non-economic loss arising directly or indirectly from: (i) your access to or use of the Platform; (ii) reliance on Third-Party Content, including listings, reviews, ratings, communications, or advertisements; (iii) transactions or interactions with other Users; or (iv) any delay, failure, or interruption in the operation of the Platform.

The Company's aggregate liability for any and all claims, damages, or losses arising out of or in connection with the Platform, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount paid by the User to Kiwi for the specific service giving rise to the claim, or INR 5,000 (Rupees Five Thousand only), whichever is lower.

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

Communications

By registering on or using the Platform, you expressly consent to receive communications from the Company, including but not limited to transactional alerts, service updates, policy notifications, and promotional messages, through email, SMS, WhatsApp, in-app notifications, or other electronic means.

You 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.

For quality assurance, training, and dispute resolution purposes, the Company may record or monitor communications made through or in relation to the Platform. By using these tools, you consent to such monitoring and recording in accordance with applicable law.

Disclaimers

The Platform is solely intended to enable Users to securely access and view their EPF data and passbook, as made available by the relevant statutory authority. Kiwi does not process, collect, facilitate, or handle any payments, monetary transactions, deposits, withdrawals, transfers, or fund movements through the Platform.

Kiwi does not act as a payment aggregator, payment intermediary, banking service provider, financial institution, or custodian of funds. The Platform does not enable or support any financial transactions in INR or in any other currency.

Kiwi shall not be liable for any failure, delay, interruption, or inability to access, retrieve, or display EPF data arising from: (i) authentication issues, including incorrect OTP entry, expired OTP, unsuccessful verification, mismatched registered details, or failure of OTP delivery; (ii) any technical, network, or system failure; or (iii) any delay, interruption, unavailability, inaccuracy, or failure in the retrieval, transmission, or display of EPF data for any reason whatsoever.

Takedown Notice and Content Compliance

Kiwi operates solely as an intermediary platform under applicable laws. Kiwi does not create, control, or independently verify third-party content or information made available on the Platform and shall not be liable for the accuracy, legality, or reliability of such content, except where it has actual knowledge of unlawful content and fails to act in accordance with Applicable Laws.

Any User or concerned party who believes that content on the Platform is unlawful or in violation of Applicable Laws may submit a written notice to Kiwi with sufficient details to identify the content and the nature of the alleged violation.

Privacy and Data

The Company Kiwi collects, stores, and processes user data in accordance with the Privacy Policy (as available on the Company's website), which forms part of this TOS.

Force Majeure

The Company shall not be liable for any failure, delay, or disruption in the provision of the Platform or its services due to any Force Majeure event as defined in the TOS.

Changes and Updates

Your use of the Platform is subject to your acceptance of the TOS, which may be updated, amended, modified, or revised by us from time to time. The updated 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 TOS. You shall be solely responsible for reviewing the TOS from time to time for any modifications.

Governing Law

These Terms and Conditions shall be governed by the laws of India without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located at Mumbai, Maharashtra India.

Miscellaneous

The 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 TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the TOS terms will otherwise remain in full force and effect and enforceable.

No agency, partnership, joint venture, or employment relationship is created as a result of the TOS and neither party has any authority of any kind to bind the other in any respect.

Grievance Redressal Mechanism

Any discrepancies, complaints, or grievances related to content, comments, or any breach of these Terms of Service shall be addressed to the designated Grievance Officer as set out below:

Upon receipt of a complaint, the Company shall acknowledge the complaint within 48 hours. The Company will then make all reasonable efforts to investigate and resolve the complaint within 30 days from the date of acknowledgment, wherever feasible.

Contact

If you have any questions regarding the Services or usage of the Platform, please contact Company at service@gokiwi.in or use the grievance redressal option box provided on the Platform.