Acceptance of Terms
By visiting, registering on, or otherwise using MidnightKiwi (accessible at midnightkiwi.com), you agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and MidnightKiwi. If you do not accept any part of these Terms, you must discontinue use of the platform immediately.
We may revise these Terms periodically, and the most current version will always be available on this page. Continued access to or use of MidnightKiwi following any posted updates constitutes your binding acceptance of those modifications. It is your responsibility to review the Terms regularly.
These Terms were last updated on 1 January 2026.
Eligibility
MidnightKiwi is available exclusively to individuals who are at least 18 years of age. By creating an account or using the platform, you represent and warrant that you are 18 or older and possess the legal capacity to enter into this agreement. We reserve the right to request proof of age at any time and to suspend or terminate accounts belonging to users who do not meet this requirement.
Users who are located in jurisdictions where access to social gaming platforms is prohibited or restricted by law are not permitted to use MidnightKiwi. It is solely your responsibility to ensure that your use of this platform complies with local regulations applicable to you.
Account Registration and Security
To access certain features of MidnightKiwi, you may be required to create a user account. During registration, you agree to supply accurate, current, and complete information. You bear full responsibility for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
If you suspect that your account has been compromised or accessed without your authorization, you must notify us immediately at support@midnightkiwi.com. MidnightKiwi will not be held liable for any losses resulting from unauthorized account access where the breach occurred due to your failure to safeguard your credentials.
Each user is permitted to maintain only one active account. Creating multiple accounts may result in suspension or permanent removal from the platform without prior notice.
Virtual Currency and In-Platform Items
MidnightKiwi may offer virtual coins, tokens, credits, or other digital items ("Virtual Currency") as part of the gaming experience. It is essential to understand the following about Virtual Currency:
- Virtual Currency holds no real-world monetary value whatsoever.
- Virtual Currency cannot be redeemed, exchanged, or converted into real money, physical goods, or any other form of tangible value.
- Virtual Currency exists solely for use within the MidnightKiwi platform as a mechanism to enhance the social entertainment experience.
- We reserve the right to modify, limit, or discontinue Virtual Currency at any time without prior notice and without obligation to compensate users.
- Any attempt to sell, trade, or transfer Virtual Currency outside of the platform is strictly forbidden and may result in account termination.
MidnightKiwi is not a gambling platform. No real money is wagered, and no real money can be won. All gameplay is simulated and intended for entertainment purposes only.
Prohibited Activities
When using MidnightKiwi, you agree to refrain from engaging in any of the following activities:
- Using the platform for any unlawful, fraudulent, or malicious purpose.
- Attempting to exploit, reverse-engineer, decompile, or tamper with the platform's software, code, or security systems.
- Distributing malware, viruses, or any other harmful software through the platform.
- Creating false or misleading accounts, impersonating other individuals, or misrepresenting your affiliation with any person or entity.
- Engaging in harassment, hate speech, threats, or any behavior intended to intimidate, abuse, or demean other users.
- Employing bots, scripts, automated tools, or data-scraping mechanisms to interact with the platform.
- Attempting to buy, sell, or trade accounts or Virtual Currency outside of authorized platform channels.
- Circumventing or attempting to bypass any access restrictions, age verification systems, or geographical limitations.
Violations of these prohibitions may result in immediate suspension or permanent ban from the platform, at our sole discretion.
Intellectual Property
All content, materials, features, and functionality available on MidnightKiwi — including but not limited to text, graphics, logos, icons, images, audio clips, animations, software, and underlying code — are the exclusive intellectual property of MidnightKiwi or its licensors. These materials are protected under copyright, trademark, and other intellectual property laws of New Zealand and international jurisdictions.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the platform strictly for personal, non-commercial entertainment purposes. This licence does not permit you to reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any platform content without our express prior written consent.
Disclaimer of Warranties
MidnightKiwi is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by New Zealand law, we disclaim all warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
We do not guarantee that the platform will be available at all times, free from defects, secure against all threats, or compatible with every device and browser configuration. Your use of MidnightKiwi is entirely at your own risk.
Limitation of Liability
To the maximum extent permitted under applicable New Zealand law, MidnightKiwi and its directors, officers, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of or inability to use the platform. This includes, without limitation, loss of data, loss of goodwill, business interruption, or any other intangible losses.
In no event shall our total aggregate liability for all claims related to your use of MidnightKiwi exceed fifty New Zealand dollars (NZD $50). This limitation applies regardless of the legal theory on which the claim is based, including negligence, breach of contract, or strict liability.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or your use of MidnightKiwi shall be submitted to the exclusive jurisdiction of the courts of New Zealand.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
Changes to These Terms
MidnightKiwi reserves the right to amend, update, or replace these Terms at any time. When material changes are made, we will post a revised version on this page and update the effective date above. Where practicable, we will also provide notice to registered users via email.
Your continued use of the platform after such changes are published signifies your acceptance of the updated Terms. If you do not agree to any revised Terms, your sole remedy is to cease using MidnightKiwi and close your account.
Contact Us
If you have questions, concerns, or feedback about these Terms and Conditions, we invite you to contact us:
- Email: support@midnightkiwi.com
- Website: midnightkiwi.com
Our team is dedicated to providing clear and helpful responses to your inquiries in a timely manner.