iyzico Mobile Application User Agreement
Article 1 - Introduction
This iyzico Mobile Application User Agreement (hereinafter referred as “Agreement”) has been signed between Client/User and iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. (hereinafter referred as “iyzico”), resides in Burhaniye Mah. Atilla Sok. No:7 Üsküdar İstanbul.
Clients/Users (defined below) accept, declare and undertake that they will be subject to the provisions of this Agreement and will act in accordance with the Agreement, and can be prohibited from using the services in iyzico Mobile Application with iyzico’s discretion.
Clients accept, declare and undertake that they will be subject to provisions of this Agreement while using iyzico Mobile Application, this Agreement is the annex and integral part of Framework E-Money Issuance and Payment Service Agreement (“Framework Agreement”) which is signed or to be signed with Customer and provisions of Framework Agreement will be applied in cases where provisions do not exist in this Agreement, they may approve the agreements issued specific to services offered or to be offered by iyzico in scope of iyzico Mobile Application and verify Customer/User Information that presented to iyzico or they may be prohibited to use of these services.
iyzico and Client/User will hereinafter be referred “Party” individually and “Parties” collectively.
Article 2 - Definitions
The page developed by iyzico, where the Client/User enters the identification, delivery, invoice address and payment information and displays and approves this Agreement.
Web Site :
The website that carried out commercial activity on internet and used for presentation products and services selling by Seller/Supplier and purchasing goods and services by Client/User
iyzi Ödeme ve Elektronik Para Hizmetleri Anonim Şirketi whose the contact details are given in Article 1 of this Agreement and which is the payment service provider in this Agreement.
iyzico Card Storage:
The application developed and operated by iyzico for the improvement implementations of electronic commerce, payment, notification, financial transaction and accelerating card payment transactions.
iyzico Mobile Application/Application:
The application/software which ensures providing the services specified in this Agreement by iyzico and can be downloaded from the application stores which are deemed suitable by iyzico as paid or free and that the all rights reserved by iyzico.
iyzico Mobile Services:
Services that are deemed suitable to present on iyzico Mobile Application by iyzico
The bank that issued the card which will be used by Customer/User for the payment transactions to be performed under this Agreement
Credit card/debit card/ prepaid card which is open to iyzico Card Storage application given to Client/User by the Client/User Bank
The sixteen-digit number on the front of the Card and the expiration date of the Card
A person who is the one of the Parties in this Agreement, buys the product and/or service sold by the Seller/Supplier on Website or other channel through iyzico payment service, and who does not have to be the Client of iyzico and is using the iyzico Mobile Application under the conditions specified in the Agreement.
Client / User Information:
Name / surname, ID number, e-mail address, shipping address and invoice address of Customer/User declared to iyzico by Customer/User
Protection program that is provided to Client/User and Seller/Supplier for the prices of products of Seller/Supplier for a certain time by iyzico.
All online environments other than the Website where the Seller/Supplier sells products and/or services
Devices such as mobile phones, tablets and PC that benefit from services provided by mobile network
Person who use iyzico Mobile Application and is a registered client of payment and electronic money services of iyzico at the same time
A card, mobile phone, password or similar personalized instrument used to issue a payment order by Client/User
Payment Transaction :
A series of operations that are conducted through the Platform for the purpose of pay for the products or services sold on the Website.
A virtual platform developed by iyzico which consists of a virtual payment and authentication gateway software.
The natural or legal person who sells products and / or services through the Website or the Channel that the fund which is the subject of the Payment Transaction is required to reach.
System Partner :
Technology solution partner, bank or financial institution which are providing cooperation in the processing of payment transactions through the Platform
This iyzico Mobile Application User Agreement executed between iyzico and Client/User
Delivery Date :
The date of receipt of the product purchased by the Client/User from the Web Site or the Channel.
Employee authorized by iyzico to provide support and contact the Client/User about the usage of Platform and Buyer Protection.
Article 3 - Term
This Agreement shall be deemed to have terminated as soon as the Client/User deletes and removes such application from own phone, providing that iyzico reserves the authorizations related to termination under this Agreement.
Article 4 - Scope
Following the installation of the iyzico Mobile Application of iyzico on the Client/User’s mobile devices and the completion of the necessary activation process , the terms and conditions for the usage of iyzico Mobile Application Services, which are provided or to be provided by iyzico within the scope of application, shall be the subject of this Agreement.
iyzico mediates the payment transaction process during the purchase of the products and/or services that are sold by the Seller/Supplier on the Web Site or the Channel. Therefore, iyzico is not the owner or the Seller of the products and/or services sold on the Web Site or Channel.
iyzico does not declare, guarantee or undertake on accuracy, quality, safety or legality of content provided and of products and services offered for sale by Seller/Supplier.
The payment transactions related to the following purchase and sale are not included in the scope of Buyer Protection:
a) Goods or services whose price change depending on fluctuations in the financial market and which are not controlled by the seller or the supplier. Example: Stocks, precious metals
b) Custom-made products on order in accordance with Client/User's requests or personal needs. Example: Custom designed products
c) Products which are perishable or may be expired
d) Products that its protective elements such as package, tape, seal and packing is opened and the return is not suitable in terms of health and hygiene. Example: Underwear, Cosmetics
e) Products that are mixed with other products after delivery and which cannot be separated by nature.
f) Except as provided under the subscription agreements periodical publications, such as newspapers and magazines,
g) Services for accommodation, carrying furniture, car rental, supplying food and beverages and entertainment, holiday, package tour or leisure that should be done on a certain date or period.
h) Services which are executed immediately in electronic environment or intangible properties which are delivered immediately to the Client/User. Example: software, in-game products, e-book
i) Services offered with the Client/User's approval before the end of the appeal process
j) Sale of real estate and vehicles
k) Gift Card
l) Payments made between the two merchants (purchases for non-personal usage)
m) All kinds of service purchase payments
n) Money transfer transactions that do not constitute any product purchases (between individuals or businesses)
o) Sales that are not in the scope of the Distance Contracts Regulation (sales carried out by the buyer and the seller face to face)
p) Books, digital content and computer consumables in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the product.
q) Second-hand or antique products
Article 5 - Principles and Conditions of Usage of iyzico Mobile Application
a. Installing iyzico Mobile Application and Becoming a Client/User
Client/User agrees to provide/give complete, accurate and up-to-date information/personal data considered required by iyzico during the activation/registration process after installing the iyzico Mobile Application to the Mobile Device which has security conditions and specifications specified by iyzico. iyzico has the right to request that Client/User’s information/personal data be updated,verified for continuous usage and not to give permission to use the Application without updating/verifying.
User accepts, declares and undertakes that he/she cannot be the Customer of iyzico by installing iyzico Mobile Application to Mobile Device and approving this Agreement, can benefit from Buyer Protection service as limited and in accordance with the decision of iyzico, unless otherwise agreed, he/she cannot benefit from payment and electronic money service of iyzico via iyzico Mobile Application and he/she has to complete verification and Framework Agreement approval processes specific to these service in order to use them.
Client/User may contact the Authorized Employee by sending an e-mail to [email protected] in case of any problems during the activation process of the iyzico Mobile Application due to some reasons arisen from iyzico such as not being able to install, not being able to use application etc.
b. Transactions which can be made with iyzico Mobile Application
In case the Client/User installs the iyzico Mobile Application to the Mobile Device which has the necessary features and completes the activation process,
Client can display the history of Payment Transactions made to Sellers/Suppliers and display payment amount, payment date, payment number and delivery address in this scope and Buyer Protection, card storage and cargo tracking if iyzico has cooperation with the relevant cargo company and other transactions may be addby iyzico in future. iyzico does not undertake that the Client/User will perform these transactions without interruption.
iyzico has the right to revise and terminate the services offered to both the Client and the User within the scope of the Application, if iyzico deems necessary.
Article 6 - Services
Services provided by iyzico briefly are;
a.Payment and E-Money Service
Execution of Payment Transaction and issuance of electronic money service which is performed with the use of the Payment Instrument after the completion of the order of the products and / or services by the Customer / User who is in the position of “sender” offered for sale by the Seller / Provider which is in the position of “receiver” on Website or Channel in the scope of the Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions Law numbered 6493.
The Payment Transaction will be considered unsuccessful if the payment amount has not been delivered to iyzico by the System Partner even though the payment transaction has been made by the Client/User.
In the event where there is any information or suspicion provided by the System Partner that a Payment Transaction is made without the information or consent of the card holder, the related Payment Transaction can be canceled by iyzico and the amount paid can be refunded.
Unless the Client approves the Framework Agreement and/or completes necessary identity validation, he/she will not benefit from payment and e-money services via iyzico Mobile Application.
i. The Client/User pays the product price by the Payment Instrument after the order of the Seller/Supplier's product. The payment amount is transferred to the protected account by iyzico and the Client/User and Seller/Supplier are notified in writing that the product price is deposited into this account.
ii. After the Client/User makes the payment, the Seller/Supplier shall send the product to Client/User’s address in compliance with the cargo delivery time committed while listing the product and shall provide the shipping information to Client/User.
iii. If the Seller/Supplier does not deliver the product to the Client/User within the 30 (days) from the date of the order or with the claim that the product sent by the Seller/Supplier does not have the specified qualifications, or with the claim that in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, within 3 (three) days from the delivery date, from the support page which is linked in the Buyer Protection e-mail, Client/User can submit his/her request and information and document relevant to the request.
iv. After the request has been submitted, iyzico sespends the amount equal to payment amount related to the Payment Transaction subject to the request in the protected account and then contacts the Seller/Supplier about the request as soon as possible. In the event that the Seller/Supplier accepts the request or does not make any declarations related to the request or does not submit any documents in 3 (three) business days, the Client/User is asked to return the purchase and sale product to the Seller/Supplier and share the shipping information with iyzico. In case the Product is delivered to the Seller/Supplier and the Seller/Supplier notifies that the product is suitable for the return within 3 (three) business days or altough the product is delivered to Seller/Supplier within 3 (three) business days but he/she did not make any declaration, then the payment amount is returned to the Client/User. Even though the request or demand of the Client/User is in compliance with the Consumer Protection Law No. 6502 and Distance Contracts Regulation, iyzico may unilaterally decide to transfer the product price to the Seller/Supplier and to direct the Client/User to the necessary authorities to exercise their rights within the scope of Consumer Protection Law No. 6502. In such cases, the Client/User agrees and undertakes that he/she acknowledges and understands that the iyzico does not guarantee any rights to him/her through Buyer Protection and he/she will not request any kind of loss indemnisation from iyzico. If the subject of the complaint is that the purchased product is not delivered, the Seller/Supplier should submit a valid shipping information or document within 3 (three) business days after the request is submitted to him/her. Otherwise, the payment amount could be refunded to the Client/User at the end of this period.
v. If the Seller/Supplier does not accept the Client/User's request, he / she may submit the shipping delivery records, contracts, invoices or other documents to prove that the claim is not justified. After the documents have been received, iyzico makes a final decision in 7 (seven) business days as the rejection of the request or the acceptance of the request. If the Client/User's request for the purchased-sold product is accepted by iyzico, the Client/User is asked to return the product to the Seller/Supplier and share the shipping information with iyzico. If the Product is delivered to the Seller/Supplier as specified in paragraph 6.b.iv of this Agreement, the payment amount shall be returned to the Client/User. If the Seller/Supplier has an objection to the product returned by the Client/User, the Seller/Supplier may submit the documents to iyzico proving that the returned product is not eligible for refund, within 3 (three) business days. After the documents have been received, iyzico makes a final decision in 7 (seven) business days as the rejection of the request or the acceptance of the request.
vi. In case of any dispute between the Client/User and the Seller/Supplier, iyzico has the right to suspend the product price in the protected account until a settlement is reached or a court/arbitral tribunal decision is made.
i. In order to complete the necessary transactions within the scope of Card Storage service, the Client/User should make a successful purchase in the Web Site or in the Channel and provide the additional information requested correctly.
ii. The Client/User Bank may not be able to approve a transaction, the Client/User may not be able to use Card Storage service and complete a certain transaction for the reason that the Client/User Bank has not been able to approve a transaction and the Client/User has not entered correctly and timely the single-use password sent by Client/User Bank.iyzico does not have any responsibility for the lack of information and transaction in these processes and the failure to complete the payment.
iii. iyzico can keep and process Client/User Information, Card Information, usage and transaction information of iyzico Card Storage of Client/User for the purposes of fulfillment of obligations determined by this Agreement and to operate statistical evaluations and iyzico Card Storage in periods needed to be fulfillment of these activities and can transmit to Seller/Supplier, System Partner and Client/ User Bank under the conditions specified in this Agreement. Client/User agrees and declares that they permit to be stored, processed and sent Client/User Information and Card Information and to be transmitted to parties stated in this Article.
iv. The Client / User shall enter the Card Information regarding the Card within the scope of Card Storage and iyzico will not store any numbers,emblems and similar information on its Card systems other than the Card Information of the Client/User’s Card.
v. iyzico can store, process and transmit to its business partners information of the transactions performed using Card Storage,by making anonymous, for the prupose of statistical evaluations, performance assesments, the marketing campaigns of iyzico and its business partners, the annual reports and similar reports.
vi. iyzico may contact the Client/User through the Client/User's contact details declared by the Client/User during the Client/User transactions in order to fulfill its obligations set forth in this Agreement and may send messages to Client/User.
vii. In case of a request from the competent authorities in accordance with the current legislation, iyzico will forward the Client/User Information, Card Information, and the usage and transaction information performed by the Client/User within the scope of iyzico Card Storage to the relevant authorities.
The acts mentioned below will be clearly deemed violation of the Agreement during the usage of iyzico Mobile Application and specially Buyer Protection by Client/User and Client/User will not benefit from iyzico services:
i. Violation of legislation, breach of the rights of third parties and/or of this Agreement or its annexes.
ii. Violation of intellectual and/or industrial property rights of third parties, such as copyright, trademark,
iii. Not having the legal capacity (such as being under 18 years of age) or using iyzico services although you are prohibited from membership,
iv. Claiming deceptive, misleading, false information and documents for a Payment Process under Buyer Protection,
v. Transfer of User account or User name without the written consent of iyzico,
vi. Spam, unsolicited or mass electronic communication or sending chaining e-mail,
vii. Distribution or dissemination of viruses or technologies that may harm iyzico or its Users,
viii. Damage to the iyzico infrastructure or system, including behavior to disrupt Client/User profile assessment and similar systems,
ix. Entering iyzico with robot or automatic input methods for any purpose,
x. Collection and storage of e-mail or other personal information of Users without prior written approval of Clients/Users,
xi. Re-sale, sharing, distribution, reproduction, processing of any part of any intellectual and / or industrial property subject, (including but not limited to design, text, image, html code and other codes) of iyzico.
xii. The usage of the Platform for all kinds of transactions that do not qualify for the sale of products and / or services, but only for the transferring moneyand to conduct behaviors to manipulate the operation of the Platform.
Client/User declares, accepts and undertakes that iyzico is not a arbitration authority while benefiting from Buyer Protection and Buyer Protection is only applicable for the scope stated in Article 4, the request submitted by Client/User in the scope of Buyer Protection is not a chargeback request and iyzico can reject the request with unilateral determination, andacknowledges that iyzico does not undertake or guarantee related to solution of any request or related to refund and he/she cannot claim any compensation from iyzico, its managers or employees in the event of refusal of the request or refund fail for any reason whatsoever.
By being a party to this Agreement, the Client/User accepts to acknowledge that iyzico may monitor and process the personal data and the Payment Transactions between the Client/User and the Seller/Supplier and the contents thereof, and may keep and store the records related to these contents for ten (10) years in accordance with the legal legislation, may transfer to third party service providers abroad correspond to an agreement and may transmit to the relevant authorities in scope of legislation.
Client/User declares, accepts and undertakes that once the Client/User has purchased a product from the Seller/Supplier within the Buyer Protection program, after purchasing product, Client/User information and Card information given to iyzico during payment process are kept, processed and shared with Sellers/Suppliers who are Buyer Protection program members for payment services and affiliated other services by iyzico and he/she is informed regarding this by iyzico.
Article 7 - Intellectual Property
iyzico is the owner of iyzico logo and all the content created by iyzico on the site, including but not limited to the design of the Platform, Checkout Page, image, html code. Client/User can not use, share, distribute, exhibit, reproduce, or make derivative works that subject to iyzico's intellectual property rights.
Article 8 - Rights and Obligations of the Parties
a.Client/User agrees and declares that all information/data provided during registration and usage/update of iyzico Mobile Application is complete, accurate and up-to-date. Client/User cannot update own login information (Name-Surname-ID Number-Date of Birth, E-mail address, Mobile phone number) via iyzico Mobile Application.
b.In case of card storage in iyzico Mobile Application, the responsibility of iyzico is limited to the secure storage of the Card/ Payment Instrument information. iyzico is not a party to the Payment Transactions carried out from Seller/Supplier with the Cards/ Payment Instrument added to the iyzico Mobile Application. Client/User is obliged to direct the problems/requests/objections arising from the transactions in this scope to the issuing bank or the payment institution which is used in the transaction, provided that the Buyer Protection provisions are reserved, and iyzico is not the addressee of such problems/requests/objections.
c.In case of failing to use iyzico Mobile Application for reasons not caused by iyzico or performing operations within the iyzico Mobile Application, including technical defects, Client/User accepts and undertakes that Client/User will not claim anything from iyzico and iyzico does not have responsibility.
d. Client/User shall take all necessary measures to ensure that the physical storage and system access (Client / User e-mail, password, etc.) of the Mobile Device used to benefit from iyzico Mobile App related to the security, storage, and the exclusion of third parties, otherwise, he/she accepts all responsibility belong to him/her.
e. iyzico can update the iyzico Mobile Application and stop serving over previous versions if it deems necessary. On its own initiative, iyzico can shut down the iyzico Mobile Application or any service within the iyzico Mobile Application periodically or indefinitely and/or suspend providing services for periodically or indefinitely.
f. Client/User accepts to use iyzico Mobile Application in accordance with the applicable legislation and conditions of this Agreement. Client/User accepts to take all necessary precautions to prevent sending and using materials such as virus, spyware, malevolent use, trojan horse etc. which may damage all kinds of devices, hardware and software used by iyzico Mobile Application or iyzico or part of these.
g. In case it is determined that the Client/User violates the obligations stated in this Agreement and abuses the iyzico Mobile Application and the services provided under the Application, iyzico has the right to suspend or remove the Client/User's membership completely from the Application and the Client/User hereby acknowledges that Client/User will be responsible to indemnify iyzico and/or the 3rd Party for any damages that may have arisen or will arise.
h. Client / User agrees, declares and undertakes to keep update the all software (including the operating system) of mobile device which he/she uses the iyzico Mobile Application and protect the Mobile Device against unauthorized access with the latest AntiVirus and AntiSpyWare programs and that he/she will pay attention to the security of the Mobile Device in order to prevent the access of persons other than him/her.
I. iyzico shall notify Client/User of any changes made in the provisions of the Agreement via the Application or via e-mail. The changes will be binding for the Client/User when they are approved. Client/User agrees that he/she cannot use the services within the scope of application if he/she does not approve the Agreement.
j. Client/User agrees that iyzico is not responsible for any legal proceedings, inquiries or litigation against iyzico, regarding the products and/or services offered by the Seller/Supplier on the Website or the Channel.
k. iyzico has the right to stop the use of the Platform in the Web Site or the Channel of the Seller/Supplier. iyzico may use this right without giving any prior notice.
l. In case the Client/User does not make any requests within 3 (three) days as of the Delivery Date, he/she accepts that iyzico may transfer the product price to the Seller/Supplier’s account.
Article 9 - Termination
Any of the parties may unilaterally terminate this Agreement and its annexes at any time. In the event of such termination, the parties shall mutually exercisethe rights and debts born up to the date of termination.
iyzico may immediately terminate the Agreement unilaterally if the Client/User breaches this Agreement and its annexes. In this case, the Client/User acknowledges responsibility for all damages and losses suffered or to be suffered by iyzico.
Article 10- General Provisions
Neither party shall be liable to the other party for any failure to fulfill or delay of any obligation under this Agreement due to force majeure. Force majeure is an unforeseen and unpredictable event that out of for the reasonable control of the parties. Civil commotion, war, government restrictions and administrative decisions, embargo, implement of the government or an institution, internet speed and outages, natural disaster, storm, fires, accident, sabotage, explosion, terrorist attack, lack of material or consumables, strike and lockout are considered force majeures.
Except for the transfer of iyzico to its own group companies, the parties may not transfer their rights and obligations under this Agreement to any third party.
All notifications and electronic announcements to Client/User shall be made to his/her e-mail address or physical address. In case the Client/User does not notify any e-mail or address change in writing, the notification to the existing e-mail address or physical address shall be deemed valid.
Client/User may set the preferences about announcements and campaigns made by iyzico by phone, call centers, automatic call machines, e-mail, SMS and surveys to be made about iyzico on Checkout Page or www.iyzico.com
iyzico may change this Agreement at any time by e-mail or by publishing updated articles on www.iyzico.com.
iyzico can change the policies and rules on the www.iyzico.com website periodically. The amendments are effective on the date they are published on iyzico's website.
Turkish law shall apply in the case of legal disputes arising from the application and interpretation of this Agreement. The Istanbul Anatolian Courts and the Executive Directorates shall be authorized between the Parties in the event of any disputes arising out of the interpretation or application of the provisions of this Agreement.
The parties agree that Platform records, parties' books, records, computer records, e-mails will constitute valid, binding, evidence in disputes arising from this Agreement.
If it is decided by any court or any other competent authority that any provision of this Agreement is completely or partly invalid or unenforceable, the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
The fact that iyzico does not use any of its rights or uses it late shall not mean renunciation.
Article 11 - Processing of Personal Data-Clarification Text
a.Data Controller and Representative
In accordance with the Law No. 6698 on the Protection of Personal Data “Law No. 6698”), your personal data may be processed by iyzico as the data controller, as described below.
b. For what purpose of personal data to be processed
Your collected personal data shall be processed in accordance with the conditions stated in Articles 5 and 6 of Law No 6698 in scope of providing Buyer Protection and Card Storage service by iyzico in order to conduct necessary works by our work units make you benefit from products and services offered by iyzico; supplying legal, technical and commercial-business safety of iyzico and related persons who have business relations with iyzico, sharing with Buyer Protection program member Clients in order to provide effectively of Buyer Protection service and necessary planning and executing activities for suggesting and introducing offered products and services by Company by customizing to taste, use, habits and needs of persons.
c.To who and for which purpose personal data can be transferred
ç.The Method and Legal Reason of Collecting Personal Data
Your personal data is collected by iyzico to draw up and execute the Agreement to be drawn up with you and in accordance with your explicit consent, in physical and electronic form from the website and other sources . Your personal data collected for these legal reasons may be processed and transferred for the purposes specified in Articles 11 (b) and 11 (c) in accordance with the personal data processing requirements and purposes set out in Articles 5 and 6 of the Law No. 6698.
d.Data Subject’s Rights Stated in Article 11 of Law No. 6698
If you submit your requests for personal rights as the data subject by the methods set out in the Data Subject Application Form, iyzico shall conclude the request free of charge within thirty days at the latest. However, if the transaction requires an additional cost, iyzico shall charge at the tariff determined by the Personal Data Protection Board. In this context, data subjects have rights to;
• learn whether personal data has been processed,
• request information if personal data is processed,
• learn the purpose of processing personal data and whether they are used appropriately,
• know the third parties in which personal data is transferred at home or abroad,
• Request the correction of personal data in case of incomplete or incorrect processing, and request notification of the transaction made in this scope to third parties who personal data is transferred,
• Request the deletion or destruction of the personal data and request notification of the transaction made in this scope to third parties whose personal data is transferred, in case the reasons requiring the processing of the data to be eliminated although it has been processed in accordance with the Law No. 6698 and other relevant provisions of the law,
• Object to the emergence of a result against the individual by analyzing the processed data exclusively through automatic systems,
• Demand compensation for damage, in case he/she suffers any damages due to the unlawful processing of personal data
Article 12 - Applicable Law and Competent Court
The parties accept, declare and undertake that the applicable law shall be Turkish Law in all disputes arising from this Agreement and that the Istanbul Anatolian Court and Execution Offices are also authorized to resolve the disputes.
Article 13 - Annexes
The Client/User agrees that the rules and policies published on the iyzico website are an annex and integral part of this Agreement. The Client / User agrees that Client/User have read and understood the following rules.
Privacy & Personal Data Policy
Framework E-Money Issuance And Payment Service Agreement
This Framework E-Money Issuance and Payment Service Agreement ("Agreement") has been concluded between iyzico and User defined below.
This Agreement shall come into force upon acceptance by the User online and the User acknowledges, declares and undertakes that the use of iyzi electronic money and payment services is subject to the terms and conditions set forth in this Agreement and its annexes.
iyzico Contact Information:
Address: Burhaniye Mah. Atilla Sk. No:7 Üsküdar İstanbul
Phone Number: 0216 599 01 00
Web site: www.iyzico.co
E-mail address: [email protected]
iyzico shall notify the User by e-mail and / or other electronic communication means thirty days prior to the entry into force of any amendment in accordance with the relevant legislation and publish the amended agreement on the website. If the User does not have the role of consumer, amendment shall enter into force by the relevant notification.
Within the scope of this Agreement, iyzico and the User shall be severally referred to as "the Party" and jointly "Parties".
Bank: Central Bank of The Turkish Republic
Business Day: Monday, Tuesday, Wednesday, Thursday and Friday except for official holidays.
Buyer Protection: Protection program for the price of products provided to User and Customer by iyzico for a certain period of time
Card Data: The sixteen-digit number located on the front side of the card and the expiry date of the card
Card Issuer Institution: Banks or other institutions that are authorized to issue debit cards or credit cards.
Channel: Online or offline channel where Receiver sells products and/or services
Chargeback Request: An appeal by the credit card holder to the Card Issuer Institution regarding a payment transaction through a credit card with the reasons and rules determined by the international card schemes
Converting into Fund: Converting electronic money into banknotes, coins or cash.
Electronic Money: Monetary value that is taken from User in return of funds by iyzico, electronically stored, accepted by other nature or legal persons other than iyzico and used to perform the payment transactions defined in the Law.
Fund: Banknote, coin, bank money or electronic money.
iyzico: iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş.
iyzico Card Storage: The application developed and operated by iyzico to advance electronic commerce, payment, notification and financial transaction operations and to expedite payments by cards
Law: Payment and Securities Agreement Systems, Payment Services and Electronic Money Institutions Law numbered 6493.
Legislation: Law of Relevant secondary regulations issued based on the Law.
MASAK (MFFCIB): The Ministry of Finance Financial Crimes Investigation Board
Payment Account: It is the account that is opened on behalf of the User in iyzico and used for the providing of payment services.
Payment Instrument: Personal instrument such as card, mobile phone and password used by User in order to give Payment Order
Payment Order: It is the instruction given by the User for the execution of payment process.
Payment Service: The payment services offered by iyzico in accordance with the Law and related secondary legislation.
Personal safety information: Information that determine Payment Instrument and Payment Instrument’s User’s identity such as the password, expiration date, security number that can be used when performing transactions with the Payment Instrument
Prepaid iyzico Card: Virtual or physical card generated by iyzico that allows the User to access the Payment Account, which can be used for purchases of goods and services, or which can carry prepaid value.
Receiver: Refers to the natural or legal person who is required to reach the fund which is subject of payment service.
Sender: A natural or legal person who gives a payment order without from its payment account or without payment account.
Sensitive Payment Data: Personal security information of Payment Instrument such as password, security question, certificate, encryption key, PIN, card number, expiration date, CVV2 CVC2 which are used in Payment Order or identity authentication and in case of capture or change, it can cause to fraud or fictitious transactions.
Institution: Banking Regulation and Supervision Agency, BRSA
System Partner: A technological solution partner, financial institution or bank that cooperates with iyzico in the performing of payment transactions.
User: Refers to iyzico customers who purchase and the electronic money issued by iyzico and who use the issued electronic money for the purchase of goods or services or for sending money from the Payment Account, or who benefit only payment services without loading Electronic money
3. SUBJECT AND SCOPE OF THE AGREEMENT
This Agreement is concluded to regulate the conditions for the Users to benefit from Electronic Money and Payment Services provided by iyzico within the scope of the activity permit obtain from the Institution under the Law and to regulate the rights and obligations of the Parties within this scope.
The use of iyzico services by the Users is subject to the condition that the Agreement with iyzico and conclusion of annexes which are integral part of the Agreement, and to give the Payment Order by means of the Payment Instrument while the Users benefit from the continuous payment services. Before the conclusion of the contract and also within the effective period of this Agreement, iyzico shall have the authority to obtain and finalize the applications for payment by the Users, as determined by iyzico.
5. INFORMATION MUST BE PROVIDED BY USER
For the execution of the payment transactions, the Users shall fill in the information determined by the regulations and communiques regarding the prevention of laundering of crime revenues and financing of terrorism, depending on the amount of transactions required to be performed by the Users, on the iyzico management interface or mobile application. In this context, the User shall specify the information which may be known by the User by entering the data manually in the relevant fields according to the payment service utilized. If the information is verified by iyzico, the User will be able to benefit from the services. iyzico reserves the right to refuse to provide services unilaterally in cases where verification of the information cannot be provided or in the other matters referred to in this Agreement.
If the User transfers, changes or changes the SIM card of the GSM number that he/she declared to iyzico, he/she must notify this to iyzico by the methods and manner that iyzico shows. iyzico may request all information and documents regarding the change, if necessary.
6. iyzico ELECTRONIC MONEY ISSUANCE AND USAGE REGULATIONS
6.1 By User
a. via Payment Instrument on iyzico web interface or via transfer/EFT on bank account or
b. via Payment Instrument or transfer/EFT from bank account of Receiver in scope of Buyer Protection on payment page on Channel or
In the case of the request for electronic money issuance, iyzico shall issue the Electronic Money to the User by the funds transmitted by the User. iyzico will send the receipt to the User in electronic form showing the amount of the funds received in return for the Electronic Money.
6.2.In the event that the User is entitled to a refund for a product he/she buys under Buyer Protection, regardless of whether he/she has made the purchase with Payment Instrument or Electronic Money, User accepts that the equal amount of refund shall be issued and deposited to his/her account by iyzico as Electronic Money.
6.3.Without prejudice to the authorizations and obligations imposed by the Legislation and other laws, iyzico is obliged to make the transactions related to the repayment of the funds as much as the amount of the Electronic Money at the request of the User, in any case within two working days at the latest. The refund is realized by converting the electronic money into the fund.
6.4 The User may request a partial or total conversion of the Electronic Money into the fund at any time. iyzico, as far as the User does not have any other rights or obligations under the Legislation, shall carry out the procedures for the repayment of funds equivalent of the Electronic Money. Charges for repayment are set out in Annex-1.
6.5 iyzico pays the funds that are equivalent to the Electronic Money only to the bank accounts of the Users in the system. In order for payment to be made, the User's bank account must be approved, and the authentication information requested by iyzico must be provided by the User.
6.6 iyzico Users will only be able to request payments to bank accounts which are belong to themselves for security reasons. iyzico is not responsible for the delays caused by the banks used as intermediaries in these payments.
6.7 In the event of a repayment or refund in respect of transactions made using the Electronic Money, as set out in section (9) of this Agreement, the User agrees that the relevant repayment or refund will be made in Electronic Money.
6.6 The credit card or debit card information used by the User when paying to iyzico within the scope of Electronic Money or Payment Service will be stored in iyzico's PCI-DSS Level 1 security-compliant system, with this card information stored, the User can then perform the payment process or delete the stored card information from the management interface or mobile application. iyzico will be able to specify additional security steps in order to verify the User during card storage or payment by using a card.
7. REGULATIONS ON SECURE PAYMENTS TO BE MADE BY USER BY DEBIT/ CREDIT CARD ON iyzico
7.1 Within the scope of this Agreement, the User may benefit from the secure payment services offered by iyzico by the debit/credit cards registered to iyzico account.
7.2 The User shall register the debit/credit card he/she would like to use while benefiting from the services mentioned in the first paragraph of Article 7 to the iyzico account.
7.3 The debit/credit cards to be defined to the iyzico account must be a card issued on behalf of the iyzico account holder apart from exceptions under the transaction limits set by MASAK.
7.4 The User agrees in advance that a one-time 1 TL may be withdrawn for the verification from the debit/credit card defined by iyzico, provided that immediately return of it.
7.5 After this transaction, the amount of the payment is withdrawn from the User's deposit/credit card and the Electronic Money is issued.
7.6 In this way, the User uses the amount converted to Electronic Money to purchase the relevant goods and/or services.
8. RIGHTS AND RESPONSIBILITIES:
RIGHTS AND RESPONSIBILITIES FOR PAYMENT SERVICE
8.1 The User may benefit from the Payment Service via the iyzico account to be created in iyzico together with the conclusion of this Agreement and the payment transactions will be performed with Username, password information and other validation methods.
8.2 The User agrees that the Payment Order cannot be withdrawn as soon as the Payment Order reaches iyzico. If the Payment Order reaches any Business Day after 17:00, the next Business Day will be deemed to have been received.
8.3 Within the scope of the Payment Service, iyzico undertakes to transfer to the Receiver the prices communicated to him/her by the User following the completion of the below mentioned approval processes.
8.4 Within the scope of the Agreement, iyzico is responsible for the transfer of the Receiver's account in iyzico within 2 (two) Business Days following the date of the Payment Order made by the User.I f iyzico does not fulfill this responsibility, it will return the unrealized or incorrect part of the payment transaction to the iyzico account of the User without delay.
8.5 The User will be responsible for maintaining the iyzico account (including the relevant Username and password), the Payment Instrument and the Sensitive Payment Data, and will not share it with third parties. In the event of loss, theft or unauthorized use of such information or the Payment Instrument, the User is obliged to immediately report it in accordance with Article 11.
8.6 iyzi has the right to set limits for the transactions to be performed on its services. The User agrees that he/she is bound by the transaction limits set by iyzi and cannot execute transaction above these limits. iyzico will be able to update the transaction limits at any time by making a notification in accordance with the methods and times specified in the Contract.
8.7 The following information regarding the payment transactions performed within the scope of service shall be displayed by the User in the iyzico mobile application / management interface:
a. Reference information of payment transaction and information of User
b. Amount of payment transaction in the currency in which the User's payment account is debited or in the currency specified in the payment order
c. Scheme of total fees paid / to be paid by the User for the payment transaction
d. Exchange rate information applied in the payment transaction, if any, and the amount of the payment transaction calculated using this exchange rate
e. Information on the date when the Payment Order was received or the User's account was debited
8.8 It is not possible to apply interest to the accounts held by iyzico in accordance with the Law and to give credit to individuals and the User agrees and declares that they will not have any requests from iyzico in this scope.
8.9 The delivery of goods and / or services indefectibly, including mandatory documents such as the relevant invoice, delivery note, warranty certificate, User manual, shall be under the responsibility of the Receiver, provided that the following Preserved Shopping provisions are reserved. The User shall accept that there is no responsibility of iyzico related to goods or services purchased with iyzico, ethicalness and legal conformity of good and service and providing or delivering completely, presenting mandatory documents such as invoice, dispatch note, warranty to User are under the Receiver’s responsibility and iyzico is not liable for these. User agrees that iyzico is not a party in any dispute between him/her and Receiver. The User shall be able to submit any legal and contractual claims such as defective goods claim related to goods or services directly to the Receiver, irrespective of the rights in the scope of Buyer Protection and will not make any claim from iyzico in this respect.
8.10 The User cannot use iyzico's services with the unlawful and immoral purposes for the purpose of supplying goods or services that may be used in this way or which are directly against the law or morality.
8.11 iyzico reserves the right to change this Agreement and the Terms of Service at any time without notice. In the event that such amendments (either by iyzico or by law and other relevant legislation) result in a change in the terms of this Agreement, the User shall be notified of the extent of the change and the right of termination of the User prior to the entry into force of such change. The User may terminate the Agreement at no charge if the User does not agree to such change. If the User does not use the right of cancellation within 30 (thirty) days, the change shall be deemed to have been accepted. In this context, the User cannot make any requests from iyzico.
8.11 The User agrees and declares that the information related to all transactions carried out within the scope of this Agreement can be shared with the relevant institutions by iyzico and/or can be processed and used by iyzico with anonymizing.
RIGHTS AND RESPONSIBILITIES FOR THE BUYER PROTECTION
8.12 Preserved Shopping service shall be provided by iyzico to the User acting as a consumer under the following terms and conditions:
a. The User pays the product price by the Payment Instrument after the order of the Receiver's product. The payment amount is transferred to the protected account by iyzico and the User and Receiver are notified in writing that the product price is deposited into this account.
b. After the User makes the payment, the Receiver shall send the product to User’s address in compliance with the cargo delivery time committed while listing the product and shall provide the shipping information to User.
c. If the Receiver does not deliver the product to the User within the 30 (days) from the date of the order or with the claim that the product sent by the Receiver does not have the specified qualifications, or with the claim that in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, within 3 (three) days from the delivery date, from the support page which is linked in the Buyer Protection e-mail, User can submit his/her request and information and document relevant to the request.
d. After the request has been submitted, iyzico sespends the amount equal to payment amount related to the payment transaction subject to the request in the protected account and then contacts the Receiver about the request as soon as possible. In the event that the Receiver accepts the request or does not make any declarations related to the request or does not submit any documents in 3 (three) business days, the User is asked to return the purchase and sale product to the Receiver and share the shipping information with iyzico. In case the Product is delivered to the Receiver and the Receiver notifies that the product is suitable for the return within 3 (three) business days or altough the product is delivered to Receiver within 3 (three) business days but he/she did not make any declaration, then the payment amount is returned to the User. Even though the request or demand of the User is in compliance with the Consumer Protection Law No. 6502 and Distance Contracts Regulation, iyzico may unilaterally decide to transfer the product price to the Receiver and to direct the User to the necessary authorities to exercise their rights within the scope of Consumer Protection Law No. 6502. In such cases, the User agrees and undertakes that he/she acknowledges and understands that the iyzico does not guarantee any rights to him/her through Buyer Protection and he/she will not request any kind of loss indemnisation from iyzico. If the subject of the complaint is that the purchased product is not delivered, the Receiver should submit a valid shipping information or document within 3 (three) business days after the request is submitted to him/her. Otherwise, the payment amount could be refunded to the User at the end of this period.
e. If the Receiver does not accept the User's request, he / she may submit the shipping delivery records, contracts, invoices or other documents to prove that the claim is not justified. After the documents have been received, iyzico makes a final decision in 7 (seven) business days as the rejection of the request or the acceptance of the request. If the User's request for the purchased-sold product is accepted by iyzico, the User is asked to return the product to the Receiver and share the shipping information with iyzico. If the Product is delivered to the Receiver as specified in paragraph 6.b.iv of this Agreement, the payment amount shall be returned to the User. If the Receiver has an objection to the product returned by the User, the Receiver may submit the documents to iyzico proving that the returned product is not eligible for refund, within 3 (three) business days. After the documents have been received, iyzico makes a final decision in 7 (seven) business days as the rejection of the request or the acceptance of the request.
f. In case of any dispute between the User and the Receiver, iyzico has the right to suspend the product price in the protected account until a settlement is reached or a court/arbitral tribunal decision is made.
8.13 The payment transactions related to following purchase and sell are not covered by Buyer Protection:
a. Goods or services whose price change depending on fluctuations in the financial market and which are not controlled by the seller or the supplier. Example: Stocks, precious metals
b. Custom-made products on order in accordance with Client/User's requests or personal needs. Example: Custom designed products
c. Products which are perishable or may be expired
d. Products that its protective elements such as package, tape, seal and packing is opened, and the return is not suitable in terms of health and hygiene. Example: Underwear, Cosmetics
e. Products that are mixed with other products after delivery and which cannot be separated by nature.
f. Except as provided under the subscription agreements periodical publications, such as newspapers and magazines,
g. Services for accommodation, carrying furniture, car rental, supplying food and beverages and entertainment, holiday, package tour or leisure that should be done on a certain date or period.
h. Services which are executed immediately in electronic environment or intangible properties which are delivered immediately to the Client/User. Example: software, in-game products, e-book
i. Services offered with the Client/User's approval before the end of the appeal process
j. Sale of real estate and vehicles
k. Gift Card
l. Payments made between the two merchants (purchases for non-personal usage)
m. All kinds of service purchase payments
n. Money transfer transactions that do not constitute any product purchases (between individuals or businesses)
o. Sales that are not in the scope of the Distance Contracts Regulation (sales carried out by the buyer and the seller face to face)
p. Books, digital content and computer consumables in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the product.
q. Second-hand or antique products
8.14 User declares, accepts and undertakes that iyzico is not a arbitration authority in benefiting of Buyer Protection, Buyer Protection is only valid for the cover arranged in this Agreement, there is no chargeback or judicial remedy of the request that he/she submitted in scope of Buyer Protection, iyzico can reject the request with unilateral determination, knows that iyzico does not give any commitment or guarantee related to solution of any request or related to refund and cannot claim any compensation from iyzico, its managers or employees in the event of refusal of the request or for any reason whatsoever.
RIGHTS AND RESPONSIBILITIES FOR THE CARD USAGE
8.15 The User may access the Payment Account, give payment orders and purchase goods and / or services with the physical Card or virtual Card assigned to him/her. Upon request of the User, an additional card may be issued to the persons requested by the User upon iyzico's approval.
8.16 With the physical Card or virtual Card assigned to him/her, the User may purchase products and services and withdraw cash at institutions / establishments / businesses contracted with iyzico; may do payment and money transfer transactions via banks and ATMs and other transactions to be implemented.
8.17 The use, clearing and set-off of the Cards is subject to the provisions of the Law and the Legislation and other relevant legislation. In case of any change in the Legislation, the amendments are applied as of the effective date.
8.18 The User's liability arising from the use of the Card shall commence as soon as the Card or the data of the virtual Card is received or if the card is allowed to be used by iyzico.
8.19 It is the responsibility of the User to ensure that the Card, Card Data and the code number, password or other means of identification of the Card are used in a secure manner and that prevent them from being used by others. In the event that the card or information is lost, stolen, or any transaction that has occurred against the User's will, the User is obliged to notify iyzico immediately via telephone and / or internet. In such cases, the User shall be liable for any damages resulting from unlawful use, without prejudice to the legal responsibility for the transactions performed within 24 (twenty-four) hours prior to the User's notification. This limit does not apply if the unlawful use is based on the gross negligence or intent of the User and the required notification is not made.
8.20 The expire date of the Card is as indicated on the Card. The User may request that the balance to be transferred to the new Card if the Card expires and the balance remains. Information on how to transfer the balance can be found on iyzico website.
8.21 Debt and credit records arising from the use of the Card abroad in foreign currency shall be notified to iyzico through the relevant international card institution and the expenses and the related commissions and costs shall be reflected at the time that they recorded to the User's account in the foreign currency determined by iyzico in accordance with the provisions of the Legislation are converted into Turkish Lira at the rate of sale or monthly average exchange rate to be determined for such expenditures.
8.22 The User's right of withdrawal commences on the effective date of the Agreement and the User may exercise his/her right of withdrawal within 14 (fourteen) days from the effective date of the Agreement without giving any reason or paying any penalty. During this right of withdrawal period, the User must notify iyzico via calling 0216 599 01 00/Call Center or sending e-mail to [email protected] address. In accordance with the relevant legislation, iyzico cancels the Card within 7 (seven) days.
8.23 iyzico may terminate the use of the Card if it is found that the Card is not being used for its purpose in accordance with iyzico policies or applicable legislation, or that practises such as a campaign or card system have been abused.
RIGHT AND RESPONSIBILITIES REGARDING CARD STORAGE
8.24 In order to complete the necessary transactions within the scope of Card Storage service, the User is required to make a successful purchase with a debit or credit card to the Receiver and provide the requested additional information correctly.
8.25 The use of Card Storage may not be possible when the Card Issuer Institution's rejection to authorize a transaction or the User has not entered the correct and timely one-time password sent by the Card Issuer Institution. iyzico has no responsibility for the lack of information and transactions in these processes and for not completing the payment.
8.26 iyzico may store, process and transfer User's personal data to Receiver, System Partner or Card Issuer Institution within the time required for these activities to be performed and under the terms and conditions set forth in this Agreement for the purposes of carrying out its obligations set forth in this Agreement, statistical evaluations and the operation of Card Storage. In this context, the User who benefits from the Card Storage service will be able to make payments within the Card Storage service to the Receivers designated by iyzico after completing the verification procedures determined by iyzico.
8.27 The User shall enter the Card Data within the scope of Card Storage and iyzico shall not store any information such as numbers, emblems and similar information other than the Card Data related to the User's Card under the Card Storage service on their systems.
8.28 iyzico may store, process or transfer the data about transactions performed by using Card Storage to its business partners, by making this data anonymous for the purposes of obtaining statistical evaluations, performance evaluations, performing iyzico and business partners marketing campaigns, obtaining annual reports and similar reports in the time required for the performing of these objectives.
8.29 iyzico shall transfer User's personal data, Card Data, User's usage and transaction information performed via Card Storage upon request to the relevant authorities in accordance with the prevailing legislation.
9. REFUND WITH INCORRECT AND UNAUTHORIZED TRANSACTIONS
9.1 Incorrect and Unauthorized Transactions
a. The User may immediately and howsoever request a correction by giving unauthorized or erroneous transaction notice within 13 (thirteen) months following the payment transaction. If the request of the User is deemed to be appropriate, the transaction price will not be transferred to the Purchaser and will be returned directly to the User by iyzico, if the transaction fee was transferred to the Receiver at the time of notification, iyzico shall transfer the relevant amounts to the User by requesting a refund from the Receiver.
b) If the User do not fulfill the obligation of notification arranged in Article 8.5 in case of his/her Payment Instrument is used by others due to loss or stolen Payment Instrument is used or personal security information could not be stored properly, User shall be responsible one hundred and fifty Turkish Lira of the unauthorized transaction, if such notification is used, User shall not be responsible.
c. iyzico reserves the right to reject the payment in case of fraudulent transaction suspected by examining the User's authorization if a justifiable conclusion occurs about the existence of the unauthorized transaction (the person using any Payment Instrument is not authorized person or the person who has no information to perform the transaction).
d) The User shall be liable for all damages resulting from unauthorized transaction if the User is fraudulently used the Payment Instrument and does not fulfill the obligations of notification in 7.6 intentionally or gross negligence.
9.2 Failure or Erroneous perform the payment transaction
a. iyzico is responsible to the User for the correct execution of the User's Payment Order. iyzico cannot be held responsible for the failure to payment properly if the Receiver proves that the payment service provider has received the payment amount.
b. iyzico will return the unrealized or incorrect part of the payment transaction to the User without delay and will restore the Payment Account if the amount has been deducted from the Payment Account.
c. In the payments received on behalf of the User, iyzico makes the payment transaction amount available to the User's account immediately.
d) When the Payment Order is issued over the Receiver or by the Receiver who is the User, iyzico is responsible to the Receiver for the Sending of the Payment Order to the Sender‘s payment service provider. iyzico is obliged to transfer this amount to the Receiver's payment account and make it ready for use until the end of the working day of the payment transaction amount to the Receiver's payment account.
e. When the Receiver's payment service provider is iyzico, iyzico immediately transfers the amount of the payment transaction to the Receiver's account and makes it ready for use. iyzico cannot be held responsible for the failure to properly process the Payment Order if the Sender proves that it is correctly sent to the payment service provider. iyzico will determine the payment transaction that is not realized or misrepresented if requested and inform the Receiver of the result.
9.3 Liability in Chargeback Requests
a. Upon request by the User for issuance of Electronic Money with a bank or credit card, Chargeback Request may be forwarded by the holders of the these cards to the relevant transactions.
b. In the event that iyzico is subject to administrative sanction before the relevant administrative institutions or subject to contractual penalty before the System Partner based upon a reimbursement request of a bank or credit card holder regarding a Chargeback Request and iyzico’s reimbursement or compensation of a third party, all damages and losses shall be recourse to the User and shall be paid by the User together with all of its indemnities upon the initial request of iyzico.
c. In this case, the conclusion of the request for reimbursement may take between forty five (45) and one hundred eighty (180) days. This period may vary depending on the rules and procedures of the international card institutions and the type of product related to the transaction, the place of the transaction, the manner in which the transaction is performed and whether the relevant bank or credit card is physically used in the transaction.
10. SUSPENDING THE PAYMENT INSTRUMENT TO USE
iyzico shall suspend Payment Instrument to use in cases of suspected fraudulent or unauthorized use of it and informs the User about the reason of the closure except in cases of there are provisions that prevent to give information in other laws and objective reasons that threating the security.
11. NOTICE OF COMPLAINTS AND SOLUTION
The User can apply to services provided by iyzico with the name-surname information and the User number of the iyzico Account as specified below. All complaints and objections regarding the issues covered by the Agreement may be conveyed by contacting the Call Center at 0216 599 01 00 or [email protected] e-mail address of iyzico.iyzico will inform the User of these complaints within 20 days at the latest.
12. PAYMENT CURRENCY
The services offered to Users by iyzico and subject to the continuous payment relationships listed in this Agreement may be realized in all currencies processed by the Bank. In this context, the regulations stipulated in Decree No. 32 of Protection of Turkish Currency, which is put into effect by the Council of Ministers Decree No. 89/14392, dated 07/08/1989, on the currencies used by the Users to perform the payment services are essential. Information shall be given regarding the exchange rate or reference exchange rate or reference exchange rate calculation method to be applied in relation to payment services. Changes in the reference exchange rate will be effective immediately. Changes in the reference exchange rate in favor of the User are immediately applied without notice.
13.1 The fees that User shall pay to iyzico for the services provided under this Agreement shall be in the ANNEX-1 LIST OF SERVICE FEES which shall be an integral part of this Agreement.
13.2 The User accepts, declares and undertakes the pricing for the usage and service on the page ANNEX-1 LIST OF SERVICE FEES. Furthermore, User acknowledges, declares and undertakes that iyzico reserves its right to make unilateral changes in pricing. User accepts, declares and undertakes changes and updates on LIST OF SERVICE FEES according to the market conditions. Pursuant to the provisions of the Regulation on Procedures and Principles Regarding Fees to be Received from Financial Consumers, User is obliged to follow up the prices on iyzico's LIST OF SERVICE FEES page without any notification.
14. INTELLECTUAL PROPERTY
“iyzico.com”, “iyzico”, “iyzico Korumalı Alışveriş” (Buyer Protection), “Korumalı Alışveriş” (Buyer Protection) and all other URLs, logos and trademarks related to iyzico Services are registered trademarks of iyzico. The User may not copy, imitate or use them without the prior written consent of iyzico. In addition, all page headers, custom graphics, button icons, and articles are the service marks, trademarks and / or commercial presentation style of iyzico. The User may not copy, imitate or use them without the prior written consent of iyzico.All rights, titles and interests on the iyzico website and related to the iyzico website, any content herein, iyzico Services, technology related to iyzico Services, and any technology or all technologies and content generated or derived from the above, are the exclusive property of iyzico.
15. PROTECTION OF PERSONAL DATA OF USER
User accepts, declares and undertakes by reading and understanding this Agreement that miscellaneous forms that he/she filled in website, payment form, workplace, office of iyzico and representatives of iyzico, if any, communication forms electronically filled, written and verbal communication made with iyzico or approved on online channels including this Agreement, all kinds of information and electronic mail, fax and letters sent to iyzico on electronic mail system, the information and documents shared with iyzico by phone channel or directly meetings, all personal data shared in written, verbal or electronic way, including but not limited to this, all personal data transferred to iyzico are collected by iyzico in accordance with the latest form of iyzico Privacy and Personal Data, published on https://www.iyzico.com/gizlilik-politikasi/ partly or wholly by automatic or nonautomatic methods in accordance with the Articles 1 and 2 of Personal Data Protection Law (“PDPL”), and can be processed in the direction of conditions of processing personal data stated in Articles 5 and 6 of PDPL to perform payment services and business activities, to develop and diversify the products and services, to market and advertise the products and services, to carry out necessary works to relevant people to benefit from these activities, to inform about products and services, to measure the satisfaction of Users about products and services, to manage their demands and complaints, to make necessary quality and standard supervision, to plan, supervise and/or perform information security processes, to plan and/or perform business continuity activities, to follow finance, accounting and billing process, to ensure the data are accurate and update, to provide the security of company operations, to provide legal, technical or commercial business security of natural and legal persons who have business relationship with iyzico, to fulfill legal obligations, to fulfill necessities of policy and procedures of iyzico.
User accepts, declares and undertakes by reading and understanding this Agreement that processing, transferring and storing of identity, communication, User transaction, security of transaction, risk management, legal transaction and compliance, physical space, security, marketing information and all other personal data for the purposes mentioned above, and sharing and transferring the collected data including the purposes mentioned above but not limited this, to subsidiaries, shareholders, business partners, suppliers, auditors, service providers of iyzico, public institutions authorized by law and private institutions, professional organizations and similar organizations, supervisory and regulatory authorities, natural persons that is allowed by legislation provisions and other persons and institutions in frame of conditions and purposes of transferring personal data stated in Articles 8 and 9 of PDPL.
16. FAILURE AND DAMAGE RESPONSIBILITY
iyzico shall be solely responsible for the direct damages arising from the breach of its obligations arising from this Agreement and shall not be liable for any damages caused by the third party or the User without defect of iyzico.
iyzico shall not be liable for any delays caused by unforeseeable or unpredictable circumstances, failure to realizing the payment transaction or failure or consequential error in the payment transaction except for its fault and damages arising from these.
17. TERM AND TERMINATION OF THE AGREEMENT
17.1 This Agreement shall enter into force upon approval by the User as specified in Article 1 and shall remain in force unless terminated in accordance with the Agreement.
17.2 This Agreement can be terminated at any time without giving any compensation and without showing any reason by iyzico with 2 months prior notice and by User with 1 month prior notice.
17.3 In case of violation of the contractual obligations of the Parties and in case the related violation is not remedied within 1 (one) week despite the written request submitted by the other Party for the remedying of the violation, this Agreement may be terminated immediately by the sending notice in writing by the Party without paying compensation.
17.4 If the User is found to be using the Service for any unlawful or unethical use or providing unlawful or unethical goods or services, this Agreement may be terminated immediately by iyzico without any compensation.
17.5 If iyzico's activity permit within the scope of the Law is terminated for any reason, this Agreement will be terminated in accordance with the notification made by iyzico without giving any compensation obligation to iyzico.
17.6 iyzico may suspend the services offered to the User under the Agreement in cases of fraudulent or unauthorized use and may close the Payment Instrument if it is provided to the User. In this case, iyzico will inform the User (except in cases of there are provisions that prevent to give information in other laws and objective reasons that threating the security.), and will re-release the Services and the Payment Instrument when the reason for the suspension has been removed. iyzico may also suspend the Service in case of violation of the Agreement by the User until the violation has been removed.
18. PRIVACY AND INFORMATION SECURITY
The parties declare and undertake that they will persistently keep confidential and hide the all information to be provided by other Party, will not use for any other purpose except the stated in Agreement and will not disclose these information to third parties without written consent of relevant Party taking into consideration that these information are confidential. In case of disclosure, the right to compensation of all material and moral rights is reserved. The provision of confidentiality shall be independent commitment from the Agreement and shall remain in force after the expiry of this Agreement for any reason.
19. FORCE MAJEURE
Human and natural disasters, warfare, mobilization, fire, strikes, lockouts and etc. and other situations appearing outside the control of the Parties that occur and are in a way to stop the work of the Parties or a single Party partially or completely, temporarily or permanently, at the time of signature of this Agreement are deemed force majeures. The Party who exposed to force majeure shall immediately notify the other Party in writing and the acts of the Parties shall be suspended during the period of force majeure. When force majeure is eliminated, the Agreement shall resume. In case the force majeure condition lasts longer than 1 (one) month, the Party whose rights are violated may terminate this Agreement without compensation.
20.1 In the event of disputes arising out of this Agreement, the Istanbul Anatolian Courts and Execution Offices shall be authorized.
20.2 The User may not transfer or assign the rights and obligations arising from the Agreement to the third parties without the written consent of iyzico.
20.3 In any dispute related to the transactions and Service in the scope of this Agreement, the electronic and system records, commercial records, bookkeeping records, microfilms, microfiche and computer records kept by iyzico in its own database and on its servers shall constitute evidence, the Parties agree that this Article constitutes a evidence agreement in the sense of Article 193 of the Code of Civil Procedure.
20.4 The address specified by iyzico under this Agreement and the address specified by the User at the time of signing shall be the legal notification addresses of the Parties and the notifications made to these addresses shall be deemed valid unless any address change is notified in writing to the other Party. Unless otherwise specified in the applicable legislation, all notifications under this Agreement may be made in writing or electronically. iyzico will make notifications to the User under this Agreement through e-mail to be forwarded to the address specified by the User at the time specified in the Agreement.
20.5 The fact that other party made nothing despite the violation of any provision of this Agreement by the party does not mean other party waived the rights and other Party has right to use the rights arising from Agreement in case of following violation of the Party. The failure to use or delay the exercise of any right arising from this Agreement in the period of use by the relevant Party shall not constitute a waiver of the right by the beneficiary Party.
20.6 The partial or total invalidation of one or more of the non-essential provisions of this Agreement shall not affect the validity of the remaining provisions of the Agreement.
21. EFFECTIVENESS OF THE AGREEMENT
This Agreement consists of 21 articles and has entered into force on the date of electronic approval of the Parties.
ANNEX-1 LIST OF SERVICE FEES
Transaction Fee Explanation Depositing Money By Bank Transfer Free Depositing Money Transactions from the User's bank accounts to the iyzico Electronic Money account. Depositing Money By a Credit or Debit Card Free Payment Transactions from the user's credit or debit cards to send the iyzico Electronic Money account. Money Transfer between iyzico Accounts Free Transfer money from the user's iyzico Electronic Money account to other iyzico users' Electronic Money accounts. Withdrawing Money By Bank Transfer Free Withdraw money from the User's iyzico Electronic Money account to User’s bank account.
This agreement is valid starting from 12.06.2019.
iyzico Card Storage End User Agreement
This Agreement has been made between; iyzi Odeme ve Elektronik Para Hizmetleri A.S., located at Burhaniye Mh. Atilla Sk. No:7 Üsküdar İstanbul (referred to as iyizco) and the person who is to become a User (as defined below) of the “iyzico Card Storage” service and entered into force upon electronic approval of the User indicating that he/she has understood and agreed to this Agreement.
For the purpose of this Agreement, words starting with capital letters shall carry their designated meanings below:
iyzico Card Storage: The application developed and run by iyzico to advance electronic commerce, payment, notification and financial transaction operations and to expedite payments by cards
Merchant(s): Persons who have entered into an agreement with iyzico for use of the iyzico Card Storage service, making product/service sales to Users and accepting Cards as a payment method
Merchant Website(s): The website(s) or mobile app(s) that belong to the Merchant and used for sale of products and goods as well as payment processes related to those sales
Card: The credit/debit/pre-paid card useable on iyzico Card Storage service which has been given to the User by the User’s Bank
Card Data: The sixteen-digit number located on the front side of the Card and the expiry date of the Card
User: The person who has entered into this Card Storage Agreement with iyzico
User’s Bank: The bank that has issued the Card to be used by the User for payments within scope of this Agreement
User Data: Information provided by the User to iyzico Card Storage including the User’s Turkish Identity Number, Bank Customer ID, Name-Surname, e-mail, address and other information listed on iyzico Card Storage website.
3. Subject and Scope of the Agreement
4. Provisions on Becoming a User
4.1. An applicant who wishes to become a User shall become a user upon approving this Agreement located on the same page as the payment system of iyzico on the Merchant Website when making a payment by card for product(s) and service(s) that he/she wishes to purchase and successful completion of the related payment.
5.1. iyzico may revoke the User Status for any valid reason including the determination of transactions made by User via iyzico Card Storage as risky in legal, technical or information security terms or that the transactions have been part of a crime and similar reasons at any time after becoming a User and without any obligation to compensate. Persons who have had their User status revoked by iyzico are prohibited from becoming a User again by using different information.
5.2. iyzico Card Storage service will be available for all other Merchants involved after the User fulfills the conditions in Article 4. In order to make use of the iyzico Card Storage service, the User should create an account on the relevant Merchant with his/her e-mail address and password. He/she may use iyzico Card Storage service by signing into the Merchant Website with these user credentials. Security and confidentiality of this information are within the User’s responsibility and the User agrees and undertakes that he/she will not share his/her e-mail and password information with third persons. The User agrees and undertakes that the transactions made by using his/her e-mail address and password are made by him/her, that he/she cannot make any objection and/or refutation stating that transactions made in the explained manner are not made by him/her, and that he/she will not avoid fulfilling his/her obligations on the grounds of this objection or refutation.
5.3. The User agrees, declares and undertakes, under this Agreement, that he/she has agreed and will be deemed to have agreed to all declarations regarding the use and operation of iyzico Card Storage on the iyzico Card Storage Website.
5.4. The User agrees, declares and undertakes; that he/she will not violate any necessary legal provisions, procedures, this Agreement and the terms of the sales agreement that he/she has made with the Merchant in the purchase transaction with the Merchant via iyzico Card Storage; that he/she will not manipulate the system or behave in a similar manner; that he/she will take all necessary measures to prevent transmission and use of any material that may be harmful to the Merchant Website, iyzico Card Storage service or any device, hardware and software as well as any parts thereof such as virus, spyware, malware, trojan etc. in his/her transactions through iyzico Card Storage service, and that all legal/criminal responsibility for his/her transactions and actions including the use of iyzico Card Storage for purchase and payments lays with himself/herself.
5.5.The User agrees and declares; that iyzico has no control or information on the process, data, information and images on the Merchant Website and any other website to which the Merchant Website directs and the products and services offered for sale by the Merchant; and that iyzico has no undertaking and responsibility on the correctness, genuineness, safety and accuracy of those information, transactions and product or service sales; that he/she has taken necessary measures for information security on the computer that he/she uses for those transactions; and that iyzico bears no responsibility for those transactions and content and any damage that may arise from those.
5.6. iyzico may change the services within scope of iyzico Card Storage and the content and declarations on iyzico Card Storage Website at any time, it may bring additional rules and terms for new services and the changes in the services, content and declarations shall come into force on the date they have been published on iyzico Card Storage Website, unless otherwise stated. In case new terms and conditions for new services are stipulated, Users may continue to use the services only upon confirming that they agree to those terms and conditions.
5.7. The User agrees and undertakes not to modify, duplicate, adapt, distribute, publish, reverse engineer, translate or create source code in any other manner from the software included in the iyzico Card Storage service and any source code derived from those software. Use of iyzico Card Storage service and the iyzico Card Storage Website and whole or part thereof for impairing, modifying or reverse engineering; attempts to use the website and application in a manner that places an unreasonable amount of strain on the systems associated with the app, mobile app and website; and attempts to use the website and app in a way blocking, stopping, hindering, damaging and modifying the mentioned systems and attempts to gain access to those systems; and use of automatic programs, robots, spiders, data mining, data dredging software and systems on the application, mobile app and website, and unauthorized duplication, publishing and utilization of the application, mobile app and website through those means and without any limitation to those examples, any unlawful use and unauthorized operation are out of the scope of allowed use as designated in this Agreement and shall be deemed unlawful.
5.9. Functioning and operation of and provision of any services on iyzico Card Storage service are at the sole discretion of iyzico. iyzico may temporarily or permanently cease iyzico Card Storage service and one or more services at its sole discretion, on the condition that it makes the necessary announcement on iyzico Card Storage Website, a reasonable period of time before.
6. Services Within Scope of the iyzico Card Storage Application
6.1.1. In order for the necessary procedures to be completed on the iyzico Card Storage service, the User should make a successful purchase on Merchant Website, complete the identity verification procedures designated by iyzico and provide the requested additional information correctly.
6.1.2. Services provided by iyzico on iyzico Card Storage service are free of charge. However, iyzico may start charging a fee for the services by serving a notice on the iyzico Card Storage Website beforehand.
6.1.3. Some of the services within iyzico Card Storage service may be subject to fees by User’s Bank. In this case, the transaction fee to be charged by User’s Bank is notified to the User before confirmation of the transaction. Iyzico may not be held liable for errors in the fees charged by User’s Bank.
6.1.4. Use of iyzico Card Storage and completion of a transaction may not be possible for reasons such as non-authorization by User’s Bank, failure of the user to correctly enter the single-use code sent by User’s Bank on time etc. iyzico bears no responsibility for non-completion of the payment due to missing information and non-completed steps in those processes.
6.1.5. Where the User does not want to use the iyzico Card Storage service at the Merchant website, the User shall transmit the request to the Merchant at the required pages of the Merchant website.
6.2. Payments for Purchases
6.2.1. The payment service provided by iyzico under the iyzico Card Storage aims to transmit the information related to Card, as transmitted by User’s Bank, to acquirer bank without passing them to Merchant, after User states that he/she wishes to use iyzico Card Storage service on the relevant section of Merchant Website during a purchase made from a Merchant or after the User completes any transaction with this purpose and realization of the necessary verification process via delivery of Card information and if required by User’s Bank, CVV2/CVC2 data to the User’s Bank.
6.2.2. The User may utilize iyzico Card Storage service only on Merchants who participate to the iyzico Card Storage. User may save the Card Data for more than one Card on iyzico Card Storage system and choose any of those Cards during the payment process on the Merchant.
6.2.3. iyzico does not have any control on, and any responsibility or obligation with respect to the products and services paid for via iyzico Card Storage. In case User has any objection regarding the transaction made via iyzico Card Storage, he/she should contact the Merchant or User’s Bank and deliver his/her objection.
7. Use of User Data and Card Data
7.1. iyzico may process the User Data, Card Data and information about the User’s usage of and transactions on iyzico Card Storage for fulfillment of its obligations as set forth in this Agreement, statistical evaluations and operation of iyzico Card Storage, for the period of time it is necessary to enable those operations; and transmit them to Merchant, Merchant’s Bank, User’s Bank and receiving bank on the conditions set forth in this Agreement. User agrees and declares that he/she consents to storage, processing and transmission to parties stipulated in this article of User Data and Card Data under provisions of this article.
7.2. User shall enter the Card Data for the Card on iyzico Card Storage service and iyzico shall not store any numbers, symbols or similar data except the Card Data for the Card and it shall transmit, and not store, the information on Card obtained from the User’s Bank to the Merchant’s Bank or receiving bank.
7.3. iyzico may store and use the information on the transactions made via iyzico Card Storage, after anonymizing them, for statistical evaluations, performance evaluations, marketing campaigns of iyzico and its business partners, annual reports and similar reports for the period of time necessary for those operations and transmit them to its business partners.
7.4. iyzico may contact the User for fulfillment of its obligations stipulated in this Agreement and send messages to the contact information of User provided during the process of becoming a User.
7.5. For efficient, fast and secure operation of iyzico Card Storage service, iyzico may collect User’s IP information when he/she visits the web pages which are provided by iyzico or uses the iyzico Card Storage service and place cookies on the User’s browser, and store and use the information contained in those cookies.
7.6. In case it is requested by authorities as per the regulations in force, iyzico may transmit the User Data, Card Data and the User’s usage/transaction details on iyzico Card Storage service held by it to relevant authorities.
8. Limitation of Liability
iyzico shall not be held liable to the other party or third parties for this Agreement; use of iyzico Card Storage service and iyzico Website; correct, timely and full transmission of the Card Data as used within iyzico Card Storage Application to acquirer bank or User’s Bank; continuity of the system and services; violation of the agreement or explicit and implicit warranties; violation of any obligation to compensate under this Agreement; misrepresentations, negligence, absolute liabilities or other predictable or unpredictable, consequential, indirect, special or accidental damages or punitive damages (including but not limited to; even if the probability of these loss and damages have been notified to the other party; loss of data, betterment, profit, investment, financing, or facilities; any interruptions in the existence and use of data; suspension of other operations; or harm to other property) except when it has acted in gross negligence or willful misconduct.
9. Protection of Intellectual Property Rights
iyzico Card Storage and iyzico Website as whole and any content, database, interface, design, text, symbol, code and similar components within them are either iyzico’s own property or have been acquired under a license from third parties by iyzico. Users have no right to resell, process, share, distribute, or exhibit the aforesaid information, content and data or to let others access or use the services of iyzico. User may not duplicate, process, distribute; reproduce or prepare any work derived from the works of iyzico subject to copyright, unless iyzico has explicitly granted its approval. iyzico reserves all rights on the services, applications, copyrighted works and trademarks within iyzico Card Storage as well as any other property or information provided via iyzico Website or iyzico Mobile App.
10. Termination of the Agreement
10.1. iyzico has the right to terminate this Agreement upon serving a 5 days’ notice, at any time during the term of this Agreement and without any reason, save for the right to immediate termination as stipulated in the sub-article 10.2. below.
10.2. In case the User does not fulfill one or more provisions of this Agreement in part or in full, iyzico may terminate the Agreement immediately without serving any prior notice. If the agreement is terminated in the way set forth in this sub-article, User shall compensate all loss of iyzico caused by his/her failure to fulfill his/her obligations set forth in this Agreement and termination of the Agreement.
10.3. User may, at any time and at his/her sole discretion, unilaterally terminate this Agreement by following the steps under the “Account Termination” section of iyzico Card Storage Website, including when User does not agree to new terms and conditions set forth by iyzico or amendments to this Agreement.
11. Force Majeure
In all instances legally deemed as force majeure, iyzico shall not be liable for non-performance, late or partial performance of any of its obligations set forth in this Agreement. Such cases shall not be deemed as a delay, missing fulfillment, non-performance, or default of iyzico and no compensation shall be demanded from iyzico under any name. The term force majeure shall mean any unavoidable event arising outside a party’s control and non-preventable by iyzico even if it exercises due care; including but not limited to; acts of god, rebellion, war, strike, interruptions in communication, infrastructure and internet failures, enhancement and renewal operations on the system and any breakdown arising from those, power outage and adverse weather conditions.
12. No Assignment
User may not assign, delegate, or lease any rights or obligations arising from his/her use of iyzico Card Storage service as covered in this Agreement.
13. Entire Agreement
This agreement is the only agreement related to use of iyzico Card Storage service between User and iyzico; removal, amendment, invalidity or insertion of articles shall not affect the integrity of this Agreement and the agreement shall not lose its validity for those reasons.
Failure to enforce any of the rights granted to iyzico under this Agreement on time and in full shall not be deemed to be a waiver of iyzico’s rights in question.
15. Validity of Records
The parties agree, declare and undertake; that the electronic and system records kept in the databases and servers, commercial records and books, microfilm, microfiche and computer records of the parties constitute valid, binding, conclusive and exclusive evidence; that they release each other from proof by oath and that this article constitutes an evidential agreement.
16. Resolution of Disputes, Governing Law and Jurisdiction
Save for iyzico’s right to termination and cancellation of User’s status as stipulated in this Agreement, Turkish Law shall govern the resolution of any disputes arising from performance or interpretation of this Agreement. Courts and Execution Offices of Istanbul (Anadolu) will have jurisdiction to adjudicate any dispute arising from this Agreement.
17. Amendments to the Agreement
iyzico may unilaterally amend this Agreement, at its sole discretion and at any time it considers to be reasonable by announcing the amendments on iyzico Card Storage Website, provided that the necessary announcement has been made on the iyzico Card Storage Website a reasonable period of time before. Amended provisions of this Agreement shall come into force on the date they have been announced and other provisions shall remain fully in force and continue to be effective and binding. This Agreement may not be amended by unilateral declarations from the User.
18. Correspondence and Notices
For written correspondence between parties under this Agreement, iyzico may serve notices to the electronic mail address of the User as stated in his/her application and the User may serve notices to the e-mail address ([email protected]) of iyzico.
19.Entry into Force
This agreement containing 19 (nineteen) articles has come into force upon the User’s electronic approval indicating that he/she has read and agreed to this Agreement.