Framework E-Money Issuance And Payment Service Agreement

1. PARTIES
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 iyzico electronic money and payment services is subject to the terms and conditions set forth in this Agreement and its annexes. The User acknowledges that he/she has been provided with the necessary information regarding the conclusion of this Agreement through the remote communication tool by means of the "Approval and Information Form of iyzico Services for Myself ", which he/she has approved prior to the Agreement and which is an integral part of this Agreement.

iyzico Contact Information:
Address: Altunizade Mah. İnci Çıkmazı Sokak No: 3 İç Kapı No: 10 Üsküdar, Istanbul
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 30 (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, the amendment shall enter into force on the notification date of the said amendment.

Within the scope of this Agreement, iyzico and the User shall be severally referred to as "the Party" and jointly "Parties".

2. DEFINITIONS
Agent: Refers to the person who acts/shall act for and on behalf of iyzico in order to execute the transactions within the scope of the services undertaken by iyzico in the Agreement and whose contact information shall be published on the iyzico’s website.
Bank: Refers to Central Bank of Turkish Republic
Business Day: Refers to Monday, Tuesday, Wednesday, Thursday and Friday except for official holidays.
Card Data: Refers to the sixteen-digit number located on the front side of the card and the expiry date of the card
Card Issuer Institution: Refers to banks or other institutions that are authorized to issue debit cards or credit cards.
Channel: Refers to all online or offline channels where Receiver sells products and/or services.
Chargeback Request: Refers to the objection made by the cardholder to the Card Issuer Institution within the framework of the reasons and rules determined by International Card Organizations to the Payment Transaction made with a debit, credit card, prepaid card.
Converting into Fund: Refers to converting Electronic Money into banknotes, coins or bank money.
Credit Institution: Refers to the financial institution in cooperation with iyzico for providing Shopping Credit to the User.
Electronic Money: Refers to 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: Refers to banknote, coin, bank money or electronic money.
Institution: Refers to Banking Regulation and Supervision Agency
International Card Institution: Refers to international institutions responsible for establishing a set of rules, practices, guidelines and standards that enable the execution of card payment transactions, including the management and decision-making bodies and organizational structure responsible for the execution of this operation, independent of the infrastructure and payment system supporting the functioning of a card system institution.
iyzico: Refers to iyzi Ödeme ve Elektronik Para Hizmetleri Anonim Şirketi.
iyzico Card Storage: Refers to a secure service developed by iyzico that enables the Users to make easy and fast payments by storing their payment cards, without giving their card information again in subsequent transactions.
Law: Refers to payment and Securities Agreement Systems, Payment Services and Electronic Money Institutions Law numbered 6493.
Legislation: Refers to Law No. 6493, its secondary regulations and other existing regulations in the field of Payment and Electronic Money Systems.
MASAK (MFFCIB): Refers to the Ministry of Finance Financial Crimes Investigation Board
Pay with iyzico: Refers to digital wallet service that includes various payment methods.
Payment Account: Refers to the account that is opened on behalf of the User in iyzico and used for the providing of payment services.
Payment Instrument: The card, computer with internet connection feature, smartphone, password and similar personalized tool used by the user to issue the Payment Order.
Payment Order: Refers to the instruction given by the User for the execution of payment transaction.
Payment Service: Refers to the payment services offered by iyzico in accordance with the Law and related secondary legislation.
Payment Transaction: Refers to a series of operations carried out between the System Partner and the User through the Channel in order to make payment for the products or services offered for sale on the Channel.
Personal Safety Information: Refers to information that determines 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 (iyzico Card or 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.
Protected Shopping (Buyer Protection): Refers to the protection program for the product prices provided by iyzico to the User and the Receiver for a certain period of time.
Protection Account: Refers to accounts opened on behalf of iyzico at a bank within the scope of Law No. 5411 and used for the protection of the Funds subject to the payment transaction
Receiver: Refers to the natural or legal person who is required to reach the fund which is subject of payment service.
Sender: Refers to a natural or legal person who gives a payment order without from its payment account or without payment account.
Sensitive Payment Data: Refers to 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, which can cause to fraud or fictitious transactions in case of capture or change.
Shopping Credit: Refers to the credit to be extended to the User under the conditions and amount deemed appropriate by the Credit Institution as a result of the application to be made by the User to the Credit Institution for the financing of the products or services offered for sale on the Channel.
Strong Authentication: Refers to a method used in authentication that consists of at least two components, where the acquisition of one component shall not endanger the security of the other component, and where these two components are selected to belong to two different classes of components that the User knows, owns or has a biometric characteristic.
System Partner: Refers to a technological solution partner, financial institution or bank that cooperates with iyzico in the performing of payment transactions.
Transaction Limit: Refers to the maximum transaction amount that can be carried out by the User at once and/or monthly (in total).
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 obtained from the Institution under the Law and to regulate the rights and obligations of the Parties within this scope.

4. REGISTRATION
The use of iyzico services by the Users is subject to the condition that the Agreement with iyzico and execution 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 execution of the Agreement and also within the effective period of this Agreement, iyzico shall have the authority to obtain and finalize the applications which includes Payment Order given by duly Payment Instrument made by the Users, as determined by iyzico.

5. INFORMATION TO BE PROVIDED BY USER
Users declare, accept and undertake that they use iyzico services on their own behalf and account of their own and do not act on behalf of someone else. In case the User acts on her/his behalf with someone else’s account, he/she shall notify iyzico in writing in accordance with the Law No. 5549, and in case of transferring the registered phone line in the system to a third party or in case his/hers identity, communication and other identification information changes, User shall notify iyzico in writing and he/she accepts that iyzico may request identification/information based on the User's notification within the scope of this article. Otherwise, the User accepts, declares and undertakes that iyzico shall not be held liable for any legal / criminal liability, including unauthorized, erroneous transactions, unfair, unlawful use of third parties, etc., and iyzico is entitled to unilaterally terminate this Agreement.

6. iyzico ELECTRONIC MONEY ISSUANCE AND USAGE REGULATIONS
a. In the event that the User requests the issuance of Electronic Money on iyzico web interface via Payment Instrument or by wire transfer/EFT via bank account or within the scope of Protected Shopping on the Receiver's payment page on Channel via Payment Instrument or by wire transfer/EFT via bank account, iyzico shall issue Electronic Money in the amount of the Funds transmitted by the User and present it to the User. iyzico shall send the receipt showing the amount of Funds received in exchange for Electronic Money to the User electronically.
b. In the event that the User is entitled to a refund for a product he/she buys under Protected Shopping (Buyer Protection), regardless of whether he/she has made the purchase with Payment Instrument or Electronic Money, the User accepts that iyzico shall issue Electronic Money in the amount of the refunded amount by the Receiver and make it available in the User's account at iyzico.
c. 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 end of the next Business Day at the latest. The refund is realized by converting the Electronic Money into the Fund and making it available in the User's account at iyzico.
d. The User may request a partial or total conversion of the Electronic Money into the Fund at any time. iyzico, as far as does not have any other rights or obligations under the Legislation, shall carry out the procedures due to the User demand for the repayment of Funds equivalent of the Electronic Money. If a fee is charged for the repayment, the details will be set out in ANNEX-1..
e. 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, and the identity authentication/identification step for the User to be performed by iyzico, must have been successfully completed.
f. Unless otherwise announced by iyzico, the reward amounts or points earned by the User within the scope of the campaigns organized by iyzico, are not Electronic Money. Therefore, the amounts corresponding to the relevant reward or points can only be used in Payment Transactions to be made in limited Channels determined by iyzico and cannot be refunded or withdrawn in cash in any way. iyzico may suspend or cancel the use of rewards or points if it is determined that the User's reward or point entitlement is in any way contrary to the legislation or iyzico policies or if there is any suspicion regarding such a contrary. The User will not be able to claim any damages or compensation regarding this clause.
g. Strong Authentication may not be applied for all transactions within the scope of Pay with iyzico.
h. In the fund conversion process, the User shall only be able to request refunds to the Payment Accounts or Payment Instruments belonging to him/her, for security reasons. In this context, all information, including the IBAN number that may be requested by iyzico, must be submitted to iyzico in full. iyzico reserves the right to interrupt the service of providing Electronic Money until the identification/ authentication process is completed.
i. As a result of the Electronic Money issuance request submitted by the User via mobile payment method, the refund of the Electronic Money amounts uploaded to the iyzico account shall be made only to the mobile line used by the User during the upload. The User may not withdraw the Electronic Money uploaded to iyzico account via his/her mobile line in cash or transfer them to his/her or someone else's account. iyzico shall not be liable for any delays and damages arising from banks, mobile operators or other third parties used as intermediaries in these payments.
j. In the event of a refund or reimbursement as specified under this Agreement in relation to transactions carried out using Electronic Money, the User agrees that the relevant refund or reimbursement shall be made in Electronic Money. In the event that the amount requested to be refunded by the User and/or the monthly balance and/or usage amount is above the numerical limits stipulated by the legislation in force, the User agrees that he/she shall be required to undergo authentication through the method to be determined and specified by iyzico for the refund, otherwise, no refund shall be made to him/her. iyzico is entitled to interrupt the service regarding the provision of Electronic Money until the authentication process is completed.
k. The credit card or debit card information used by the User when paying to iyzico within the scope of Electronic Money or Payment Service shall 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 shall be able to specify additional security steps in order to verify the User during card storage or payment by using a registered card.
l. The expiry date of Electronic Money is the date on which the 2 (two) year period following the last financial transaction (withdrawal, deposit, payment, etc.) made by the User in the Payment Account expires.
m. iyzico may charge a fee proportional to the cost of the transaction if the User requests the repayment of Electronic Money (i) before the termination of this Agreement, (ii) before the expiry date specified in Article 6.l., (iii) more than one year after the expiry date specified in Article 6.l.

7. REGULATIONS ON PAYMENTS TO BE MADE BY USER BY DEBIT/ CREDIT/PREPAİD CARD ON iyzico
a. Within the scope of this Agreement, the User may benefit from the payment services offered by iyzico by the debit/credit/prepaid cards registered to iyzico account.
b. The User shall register the debit/credit/prepaid card he/she would like to use to the iyzico account while benefiting from the services mentioned in paragraph “a” of this Article. .
c. The debit/credit/prepaid cards to be registered to the iyzico account must be a card issued on behalf of the iyzico account holder apart from exceptions/regulations under the transaction limits set by MASAK and in case the identification of the User has been done face to face or remotly.
d. After this transaction, an amount equal to the payment amount is withdrawn by iyzico from the User's debit/credit/prepaid card and Electronic Money is issued in return.
e. The User may use the amount converted into Electronic Money in this way for the purchase of goods and/or services.
f. The User's debit/credit card transactions within the scope of this article are subject to the terms and conditions of the agreement between the User and the Payment Service Provider issuing the relevant debit/credit/prepaid card, and iyzico shall not have any responsibility and liability for such debit/credit/prepaid card transactions.
g. If requested, the User may directly perform Payment Transactions without issuing Electronic Money with the debit/credit/prepaid card the User has. After the User performs a direct Payment Transaction in this way, if the User requests the refund of the relevant Payment Transaction in accordance with the legislation and the provisions of this Agreement and the Receiver accepts the refund request, , the refunded amount will be transferred by issuing Electronic Money to the User's Payment Account by iyzico and the User cannot withdraw this amount in cash, and may request that it be returned to the bank/credit/prepaid card from which the Payment Transaction is made.

8. RIGHTS AND OBLIGATIONS:
8.1 Rights and Obligations Regarding Payment Service

a. 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 shall be performed with Username, password information and other authentication methods.
b. The User agrees that once the Payment Order is received by iyzico, the Payment Order cannot be revoked. If the Payment Order is received by iyzico after 17:00 on any Business Day, it shall be deemed to have been received on the first Business Day following.
c. Within the scope of the Payment Service, iyzico undertakes to transfer the amounts transmitted to it regarding the payments made by the User to the Receiver following the completion of the approval processes specified below.
d. Within the scope of the Agreement, iyzico is liable for transferring the amount based on the Payment Order to the Payment Service Provider of the Receiver within maximum 2 (two) Business Days following the date on which the Payment Order is given by the User. If iyzico fails to fulfill this liability, iyzico shall return the unrealized or incorrectly processed part of the Payment Transaction to the User's Payment Account without delay.
e. The Payment Order given by the User may be revoked only in case of mutual agreement between the User and the User's Payment Service Provider.
f. The User shall be liable for protecting his/her iyzico account (including the relevant username and password), the Payment Instrument and Sensitive Payment Data, shall not share them with third parties and shall take all reasonable and necessary measures to keep them safe and secure.
g. The User is obliged to use the Payment Instrument only in accordance with the issuance and terms of use and to take reasonable and necessary security measures from the moment he/she receives the Payment Instrument and/or has the opportunity to use and dispose of the Payment Instrument. In case of loss, theft or unauthorized use of the aforementioned information and/or the Payment Instrument, the User is obliged to immediately notify iyzico via one of the communication channels set out in Article 11.
h. For Payment Transactions authorized by or initiated through the Receiver, in the event that the amount of the payment transaction is not fully specified by the Receiver at the time of authorization and/or the amount of the actual Payment Transaction exceeds the amount stipulated by taking into account the User's spending history, agreement terms and other issues related to the User, the refund may be requested by the User and only on the condition that the goods subject to the Payment Transaction have not been consumed or the service has not been received and/or the amount of the Payment Transaction has not been refunded from the Receiver in a repetitive manner. iyzico may ask the User to provide factual evidence regarding the refund request. The refund request by the User must be made within 2 (two) months from the date of the Payment Transaction. Provided that the Payment Transaction is carried out in accordance with the reference exchange rate stated in the agreement, the User cannot base his/her claim that the conditions stated above have occurred on the reasons arising from the exchange rate. iyzico shall either accept the User's refund request within 10 (ten) business days from the date of receipt and make the refund in full or reject it with its reasons and inform the User of the legal remedies that the User may apply. This process is not legally valid in cases where the above-mentioned refund request conditions are caused by the exchange rate. The User shall not be entitled to claim any refund for the Payment Transaction in cases such as, but not limited to, post-dated payments, instructed payments, where the approval for the Payment Transaction is given directly to iyzico or the User is notified at least 1 (one) month before the date on which the payment is to be made.
i. iyzico is entitled to set limits for the transactions to be carried out through its services. The User agrees that he/she is subject to the transaction limits set by iyzico and cannot carry out transactions above these limits. iyzico may update the transaction limits at any time by making a notification in accordance with the methods and periods specified in the Agreement. The Transaction Limits for Users whose identity has not been confirmed shall be as specified in Law No. 5549 and the secondary regulations thereof.
j. The following information regarding the payment transactions carried out within the scope of the Service can be viewed by the User in iyzico mobile application/management interface or via SMS or on the slips to be issued from the payment recorder device:
i. Reference information specific to the Payment Transaction and information on the Receiver
ii. The amount of the Payment Transaction in the currency in which the User's Payment Account is debited or in the currency specified in the Payment Order
iii. Breakdown of the total fees and charges paid/to be paid by the User for the Payment Transaction
iv. The exchange rate applied in the Payment Transaction, if any, and the amount of the Payment Transaction calculated using this exchange rate
v. Information on the date the Payment Order was received or the User's account was debited.
k. iyzico does not apply interest to Protection Accounts and does not engage in crediting activities in accordance with the Law, and the User accepts, declares and undertakes that he/she shall not have any request from iyzico within this scope.
l. Without prejudice to the following Protected Shopping (Buyer Protection) provisions, it is the Receiver's responsibility to deliver the goods and/or services free from defects, together with mandatory documents such as the relevant invoice, delivery note, warranty certificate, user manual, etc. The User accepts, declares and undertakes that iyzico does not have any responsibility regarding the goods and/or services purchased through iyzico, that the goods and/or services comply with the laws and morals and are provided or delivered in full, that it is the obligation of the Receiver to submit mandatory documents such as invoice, delivery note, warranty certificate etc. to the User according to legal regulations and that iyzico does not have any responsibility regarding them. The User accepts, declares and undertakes that iyzico is not a party to any dispute that may arise between the Receiver and the User, and that iyzico shall be free from all claims in this respect. The User accepts, declares and undertakes that he/she may submit any legal and contractual requests regarding the goods or services directly to the Receiver regardless of his/her rights within the scope of Protected Shopping (Buyer Protection) and that he/she cannot make any request from iyzico in this context.
m. The User may not use iyzico's services for illegal or immoral purposes, in order to provide goods or services that may be indirectly used in this way or that are directly illegal or immoral.
n. iyzico is entitled to amend this Agreement and the Terms of Service at any time without any prior notice. If such amendments, regardless of whether they are made by iyzico or originate from legislation, cause a change in the terms of this Agreement, the User shall be notified 30 (thirty) days before the relevant amendment takes effect, including the scope of the amendment and information regarding the User's right of termination. In this context, the User accepts, declares and undertakes that all kinds of acquisitions and notifications of the User by iyzico shall be made through “iyzico Application” or www.iyzico.com or notification channels shared with iyzico. If the User does not accept the aforementioned amendment, the User may terminate the Agreement without any fee with a written notification within 30 (thirty) days from the date of learning of the said amendment. In the event that the User does not exercise the right of termination with a written notification within 30 (thirty) days, the amendment shall be deemed to have been accepted. In the event that a different period is stipulated under the Legislation regarding the conditions for termination with respect to the amendment, the period stipulated under the Legislation shall apply. The User shall not be able to make any request from iyzico within this scope.
o. The User accepts and declares that the information regarding any transaction carried out within the scope of this Agreement may be shared by iyzico with the relevant institutions and organizations or their Representatives in order to fulfill its legal obligations and/or may be anonymized and processed and used by iyzico. The User agrees, declares and undertakes to immediately deliver and submit to iyzico and/or the relevant institution the information and documents that may be requested by the institutions and organizations within the scope of the regulations and legislation in force.
p. iyzico is authorized to provide the services regulated under this Agreement in person or through the Representative, and to the extent permitted by the Legislation, the obligations of iyzico may be fulfilled by the Representative, provided that they are limited to the rights and powers contained in the Agreement.

8.2. Rights and Obligations Regarding Protected Shopping (Buyer Protection)
a. iyzico shall provide the Protected Shopping (Buyer Protection) service to the User acting as a consumer under the following terms and conditions:

i. After the User places an order for the product offered for sale by the Receiver which is iyzico merchant, the User pays the product price through iyzico. The payment amount is transferred to the Protection Account by iyzico and the User and the Receiver are notified that the product price has been deposited into this account.
ii. The Receiver, sends the product to the address specified by the User in accordance with the cargo delivery time committed during the product listing / display after the User has made payment and notifies the User of the shipment information.
iii. If the Receiver fails to deliver the product to the User within the committed period, within 30 (days) from the date of order or within 3 (three) days from the date of delivery with the claim that the product sent by the Receiver does not meet the specified qualifications or with a request in accordance with the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation, the User submits his/her request and the information and documents related to the request, if any, to iyzico via the support page linked in the Protected Shopping (Buyer Protection) e-mail sent to him/her by iyzico.
iv. Upon receipt of the complaint, iyzico shall block an amount in the protection account equal to the payment amount related to the Payment Transaction subject to the request and shall contact the Receiver as soon as possible about the User request based on the blockage. In the event that the Receiver accepts the request or does not make any declaration or submit any document regarding the request within 3 (three) Business Days, the User is asked to send the product subject to the purchase- sale back to the Receiver and share the shipping information with iyzico. In case the product is delivered to the Receiver, and the Receiver notifies within 3 (three) Business Days that the product is suitable for return or does not make any declaration despite the delivery of the product within this 3 (three) business day period, the payment amount shall be returned to the User. Even if the User's request complies with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, iyzico may decide to transfer the product price to the Receiver with its unilateral decision and direct the User to the necessary authorities to exercise his/her rights under the Law No. 6502 on Consumer Protection. In such cases, the User accepts, declares and undertakes that he/she knows and understands that iyzico does not guarantee any rights to him/her with Protected Shopping (Buyer Protection) and that he/she shall not claim any compensation for damages and losses from iyzico under any name for this reason. If the subject of the complaint is the non-delivery of the purchased product, the Receiver must provide iyzico with a valid shipping information or document within 3 (three) Business Days after the request is sent. Otherwise, at the end of this period, the payment amount may be returned to the User by iyzico.
v. If the Receiver does not accept the User's request, the Receiver may submit the cargo delivery report, agreement, invoice or other documents to iyzico proving that the request is not justified. Upon receipt of the documents, iyzico shall make a final decision within 7 (seven) Business Days regarding the request in question, either rejecting the request or accepting the said request. If iyzico accepts the User's request regarding the product subject to the purchase- sale transaction, the User is asked to send the product back to the Receiver and share the shipping information with iyzico. If the product is delivered to the Receiver as specified in subparagraph 8.2.a.iv of this Agreement, the payment amount shall be returned to the User. If the Receiver has an objection regarding the product returned by the User, the Receiver may submit the documents proving that the returned product is not suitable for return to iyzico within 3 (three) Business Days. Upon receipt of the documents, iyzico shall make a final decision within 7 (seven) Business Days to reject or accept the request in question.
vi. In case of a dispute between the User and the Receiver, iyzico is entitled to keep the product price in the Protection Account until the parties reach a settlement or until a court/arbitral tribunal decision is taken.

b. Payment transactions related to purchases and sales, including but not limited to the following examples, are not within the scope of Protected Shopping:

i. Goods or services whose price fluctuates due to fluctuations in financial markets and which are not under the Receiver's control. Example: Stocks, precious metals
ii. Products tailor-made or designed upon order in line with the User's requests or personal needs
iii. Products that are perishable, sensitive or may expire.
iv. Products whose protective elements such as packaging, tape, seal, package have been opened after delivery; products whose return is not suitable in terms of health and hygiene. Example: Underwear, cosmetics, etc.
v. Products that are mixed with other products after delivery and cannot be separated due to their nature
vi. Periodical publications such as newspapers and magazines, except those provided under a subscription agreement
vii. Services provided for accommodation, transportation, car rental, food and beverage supply and entertainment, vacation, package tour or recreation that must be performed on a specific date or period
viii. Services performed immediately electronically or intangible or digital comprehensive products delivered immediately to the User. Examples: software, in-game products, e-books, etc.
ix. Services provided with the consent of the User before the end of the appeal process
x. Services related to real estate and vehicle sales
xi. Gift card
xii. Payments for purchases made between two merchants or made by the User as a legal or natural person merchant and made for all kinds of commercial use
xiii. All kinds of service procurement payments
xiv. Money transfer transactions between individuals or business entities that do not constitute the purchase of any product
xv. Sales made face-to-face by the receiver and seller, which are not in the scope of the Distance Contracts Regulation
xvi. Books, digital content and computer consumables, if any protective elements such as packaging, tape, seal, package are opened after delivery of the product
xvii. Second-hand or antique products
c. While benefiting from the Protected Shopping (Buyer Protection) service, the User accepts, declares and undertakes that iyzico is not an arbitration authority, Protected Shopping (Buyer Protection) is only valid for the scope regulated in this Agreement, the request submitted within the scope of Protected Shopping is not an Chargeback Request or an arbitral tribunal application or a judicial remedy, and the request may be rejected by iyzico's unilateral decision, the User aware that iyzico does not give any guarantee or commitment regarding the resolution of any claim or refund and in the event that the claim is rejected or the refund is not realized for any reason whatsoever, shall not claim any compensation from iyzico, its representatives, managers or employees in any way and shall release them from any claim for damages.

8.3 Rights and Obligations Regarding Card Usage
a. The User may access the Payment Account, give payment instructions, make purchases of goods and/or services, withdraw cash from banks and ATMs and use it in other transactions to be implemented with the physical Card issued to the User or the virtual Card defined. Virtual Cards can only be used in physical stores and on websites that have received a trust stamp in accordance with the Communiqué on Trust Stamp in Electronic Commerce.
b. The usage of the Cards, settlement and offsetting transactions are subject to the provisions of the Law and the Regulations and other relevant legislation. In case of any amendments in the Legislation, the amendments shall be applied as of the effective date.
c. The User's liability arising from the usage of the Card commences from the moment the card is received or, from the moment the virtual card information is transmitted to the User if iyzico authorizes its usage.
d. The User is liable for the secure protection of the Card, Card Information and information regarding the code number, password or other identifying methods related to the usage of the Card, the prevention of malicious use and taking measures to prevent the usage of the Card by others. In case of loss or theft of the Card or Card Information or in case of learning of any transaction that has occurred beyond the will of the User, the User is obliged to notify this situation immediately to iyzico via telephone and/or internet channel. In such cases, the User shall be liable up to 250 TL (two hundred and fifty Turkish Liras) for the damages arising from unlawful use, without prejudice to the legal liability related to the transactions realized within 24 (twenty-four) hours prior to the User's notification. This limit does not apply if the unlawful use is caused by the User's gross negligence or intent and if the necessary notification is not made.
e. The expiration date of the Card is as written on the Card. In the event that the Card expires and there is a balance left on the Card, the User may request that this balance be transferred to a new Card. Information on the balance transfer procedure can be found on iyzico official website (www.iyzico.com).
f. Debit and credit records arising as a result of the usage of the Card abroad shall be notified to iyzico in foreign currency through the relevant International Card Institution and the expenditures, including commissions and expenses, shall be converted and reflected in Turkish Liras at the foreign exchange sales rate determined by iyzico in accordance with the provisions of the Legislation on the date of recording to the User's account or at the monthly average exchange rate to be determined for such expenditures.
g. The User's right of withdrawal shall commence on the date of execution of the Agreement and may be exercised within 14 (fourteen) days following the execution of the Agreement without any justification and without paying any penal clause. The User must submit his/her request regarding the right of withdrawal to iyzico via Call Center at 0216 599 01 00 or via e-mail at [email protected] within 14 (fourteen) days from the date of establishment of the Agreement. In accordance with the relevant legislation, the Card shall be canceled by iyzico within 7 (seven) days following the notification of the User.
h. In the event that it is determined that the Card is not used in accordance with iyzico's policies or the relevant legislation or that applications such as campaigns or the card system are misused, iyzico may immediately suspend the usage of the Card.
i. The responsibility for the loss, theft or seizure by third parties of the Card that has not been activated and all damages arising therefrom belongs entirely to the person who holds the ownership, and iyzico shall not be liable for any loss or damage in this case.
j. The User accepts, declares and undertakes that in case the User uses iyzico services and the Card for purposes contrary to the Applicable Legislation and/or morality and/or uses the Card in businesses that provide illegal betting, gambling, online purchase of tobacco and tobacco products, alcohol and +18 services, content or other adult content over the internet, he/she shall bear all legal, administrative and/or penal liability arising from such use.

8.4 Rights and Obligations Regarding Card Storage Service
a. In order to complete the necessary transactions within the scope of iyzico Card Storage Service, the User must make a successful purchase with a debit/credit/prepaid card to the Receiver and provide the additional information requested by iyzico correctly.
b. iyzico may store, process and transmit the User's personal data, Card Information, User's iyzico Card Storage usage and transaction information to the Client, System Partner, Card Issuer Institution or official institutions and organizations under the conditions specified in this Agreement or pursuant to legal obligations in order to fulfill its obligations specified in this Agreement, to make statistical evaluations and to operate the Card Storage service; within the periods required to fulfill these activities. Within this scope, the User benefiting from the Card Storage service shall be able to perform Payment Transactions within the scope of Card Storage service before the Receivers determined by iyzico after completing the authentication procedures assigned by iyzico.
c. The User shall enter the Card Information within the scope of Card Storage Service and iyzico shall not store any numbers, emblems and any other information other than Card Information regarding the User's Card on its systems within the scope of Card Storage Service.
d. iyzico may anonymize the information regarding the transactions performed using the Card Storage Service and store, process and transmit it to its business partners or official authorities for the period required for the fulfillment of these purposes in order to use it in statistical evaluations, performance evaluations, marketing campaigns of iyzico and its business partners, annual reports and similar reports.
e. iyzico shall transmit the User's personal data, Card Information, User's usage and transaction information within the scope of iyzico Card Storage Service to the relevant authorities if requested by the competent authorities in accordance with the legislation in force.

8.5 Rights and Obligations Regarding the Shopping Credit
a. In the event that the User chooses the payment option with Shopping Credit among the payment options offered to him/her through Pay with iyzico, the User shall access the screen provided by the Credit Institution and, provided that he/she provides the information or documents requested by the Credit Institution on these screens, he/she shall be able to apply for Shopping Credit up to the amount of the product or service he/she wishes to purchase on the Channel. Following the acceptance of the User's Shopping Credit application, the credit amount shall be defined to the User's Payment Account and the payment transaction shall be carried out simultaneously.
b. The evaluation and decision regarding the User's Shopping Credit application and, in case of a positive decision, the credit allocation shall be made entirely by the Credit Institution and in accordance with the provisions of the credit allocation agreement to be concluded between the Credit Institution and the User, and iyzico, as a payment and electronic money institution, shall not be a party to the said credit allocation process in any way. For this reason, all processes such as application, allocation, refund and return of the Shopping Credit and all disputes related to these processes shall be resolved between the User and the Credit Institution, iyzico shall not be involved in these processes, and any requests, suggestions or complaints submitted by the User regarding the Shopping Credit shall be directed to the Credit Institution by iyzico.
c. In the event that the User returns the product purchased by using the Shopping Credit in accordance with the legislation and the Receiver's return policy, the product price may be refunded by the Receiver. The refunded amount shall be credited to the User's Payment Account and the User shall not be able to withdraw this amount in cash and may either return it to the Credit Institution or use it for the purchases of other products or services.

9. REFUND FOR INCORRECT AND UNAUTHORIZED TRANSACTIONS
9.1 Incorrect and Unauthorized Transactions

a. The User may immediately and in any case within 13 (thirteen) months following the execution of the payment transaction, request the correction of the relevant transaction by submitting an unauthorized or incorrect transaction notification. If this request of the User is deemed appropriate by iyzico, the relevant transaction amount shall not be transferred to the Receiver and shall be refunded directly to the User, and if the transaction amount has been transferred to the Receiver at the time of notification, iyzico shall request the refund of the relevant amounts from the Receiver and ensure that the amount of the payment transaction refunded by the Receiver is transferred to the User.
b. If the User fails to fulfill the notification obligation set forth in Article 8.1.g. in cases where the Payment Instrument is used by others due to the use of a lost or stolen Payment Instrument or failure to properly maintain personal security information, the User shall be liable for the part of the damage arising from the unauthorized payment transaction amounting to 250 TL (two hundred and fifty Turkish Liras) and shall not be responsible for unauthorized Payment Transactions that occur after the notification.
c. In case iyzico has any suspicion(s) regarding the existence of any unauthorized transaction, including but not limited to the fact that the person using the Payment Instrument is not an authorized person or the relevant person does not have the consent of the relevant person for the transaction to be carried out; iyzico shall confirm the existence of this suspicion by examining the User's authorizations, and reserves the right not to accept payment in case of detection of data. The User accepts, declares and undertakes that he/she shall not have any right of claim in this case.
d. In the event that the User uses the Payment Instrument fraudulently and fails to fulfill the notification obligations in Article 8.1.g intentionally or with gross negligence, the User shall be liable for all damages arising from the unauthorized transaction and compensation claims for this unauthorized transaction.

9.2 Failure or Incorrect Execution of the Payment Transaction
a. iyzico is responsible to the User for the correct execution of the User's Payment Order. In case iyzico proves that the Payment Service Provider of the Receiver has received the Payment Amount, iyzico shall under no circumstances be held responsible for the incorrect execution of the payment transaction.
b. iyzico shall return the unfulfilled or incorrectly executed portion of the Payment Transaction to the User without delay and reinstate the Payment Account if the amount has been deducted from the Payment Account.
c. iyzico shall immediately transfer the amount of the Payment Transaction to the User's account for the payments received on behalf of the User and make it available for the User's use.
d. In cases where the Payment Order is submitted by or through the Receiver who is the User, iyzico is liable to the Receiver for sending the Payment Order to the Sender's payment service provider correctly. iyzico is obliged to transfer the Payment Transaction amount to the Receiver's Payment Account and make it available for the Receiver's use until the end of the Business Day on which the Payment Transaction amount is transferred to the Receiver's payment account. If iyzico proves that the Payment Transaction amount has been successfully transferred to the Payment Account of the Receiver and that the Sender has sent it to the payment service provider correctly, iyzico cannot be held liable for the incorrect execution of the Payment Transaction. Upon request, iyzico detects the payment transaction that was not executed or was executed incorrectly and notifies the Receiver of the result.

9.3 Responsibility in Chargeback Request for Transactions Except for iyzico Card
a. Chargeback Request may be submitted to the relevant Card Bank by the holders of the cards in question regarding the transactions carried out upon the User's request for the issuance of Electronic Money with a debit, credit card, prepaid card or upon the execution of a Payment Transaction.
b. All losses and damages incurred by iyzico in the event that iyzico refunds or indemnifies a third party or cardholder or is subject to administrative sanctions before the relevant administrative authorities or is subject to contractual sanctions before the System Partner due to the debit card, credit card or prepaid cardholder's request for refund upon submission of an Chargeback Request shall be recourse to the User, and shall be paid by the User upon iyzico's first request together with all accessory considerations. iyzico reserves the right to deduct the relevant amounts from the User's Payment Account in such cases.
c. In this case, the evaluation of refund requests by iyzico may take 45 (forty-five) to 180 (one hundred and eighty) days. These periods may vary depending on the rules and procedures of International Card Institutions and the type of product related to the transaction, the place and form of the transaction, whether the relevant debit card or credit card is physically used in the transaction.

10. BLOCKING THE USAGE OF THE PAYMENT INSTRUMENT
iyzico immediately blocks the usage of the Payment Instrument in cases of suspicion of fraudulent or unauthorized use of a Payment Instrument and informs the User about the reason for the blocking, except for the provisions preventing the provision of information in other legislation and the existence of objective reasons that threaten security. iyzico allows the usage of the Payment Instrument when the reason for the blocking of the Payment Instrument is eliminated, provided that the User's consent is obtained.

11. NOTIFICATION AND RESOLUTION OF COMPLAINTS
The User may submit his/her complaints regarding the services provided by iyzico to iyzico with his/her name-surname information and the user number of his/her iyzico Account as specified below. All complaints and objections regarding the matters falling within the scope of the Agreement may be submitted by contacting iyzico's Call Center at 0216 599 01 00 or via e-mail at [email protected].

Users may make a written application to iyzico within 2 (two) years at the latest from the date of the transaction or action subject to the dispute to iyzico for disputes arising from the services provided by iyzico, which are of an individual nature and therefore do not fall within the scope of commercial activity. Within 20 (twenty) days from the date of application; if not responded, within 60 (sixty) days from the end of the 20 (twenty) day period, if the user's application is responded negatively or the response is not deemed sufficient by the User, within 60 (sixty) days from the date of the User's response, the applications shall be made to the Individual Customer Arbitration Committee of the Association of Payment and Electronic Money Institutions of Türkiye ("TÖDEB") in accordance with the Regulation on the Principles and Procedures Regarding the Individual Customer Arbitration Committee of the Association of Payment and Electronic Money Institutions of Türkiye ("TÖDEB") on https://todeb.org.tr/hakemheyetibasvuruformu/ website. In addition, Users reserve the right to apply to the Provincial/District Consumer Arbitration Committees for their complaints regarding the services provided by iyzico.

12. PAYMENT CURRENCY
The services subject to payment transactions provided by iyzico to the Users and regulated in this Agreement may be carried out in the currencies permitted by the Payment Instrument. In this context, the regulations set forth in the Decree No. 32 on the Protection of the Value of Turkish Currency regarding the currencies used by the Users to carry out payment services are essential. Information regarding the exchange rate or reference exchange rate to be applied in relation to payment services or the method of calculating the reference exchange rate shall be provided by iyzico. Changes in the reference exchange rate shall be effective immediately and changes in the reference exchange rate in favor of the User shall be applied immediately without notice.

13. FEES

a. The fees to be paid by the User to iyzico for the services provided under this Agreement are set forth in the List of Service Fees in ANNEX -1, which is an annex and integral part of this Agreement.
b. The User accepts, declares and undertakes the pricing in ANNEX-1 regarding the usage and service fees. Furthermore, the User accepts, declares and undertakes that iyzico reserves the right to make unilateral changes in the pricing at all times.
c. The User accepts, declares and undertakes that the fees stated in ANNEX-1 will not be refunded in any way after using the services.
d. The User accepts, declares and undertakes that the fees for the goods and services purchased from the Receiver through iyzico services and the conditions regarding the collection of these fees are determined by the Receiver and iyzico does not have any authority or responsibility in this regard. Fee payments subject to this Agreement shall be made in Turkish Liras.

14. INTELLECTUAL PROPERTY
"iyzico.com", "iyzico", "iyzico protected shopping (buyer protection)", "protected shopping (buyer protection)", "Pay with iyzico" 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 iyzico's prior written consent. In addition, all page headers, custom graphics, button icons and writings are service marks, trademarks and/or trade presentation style of iyzico. The User may not copy, imitate or use them without iyzico's prior written consent. All rights, titles and interests in and to the iyzico website, any content therein, iyzico Services, iyzico Services related technology and any technology created or derived from the foregoing or all technologies and contents are the exclusive property of iyzico. iyzico has the exclusive right over these concepts.

15. PROTECTION OF PERSONAL DATA OF USER
The User accepts, declares and undertakes that all personal data including but not limited to other forms filled out in iyzico's website, payment form, workplace, office or, if available, iyzico's Representatives, electronically completed contact forms, written or verbal communications made or approved by iyzico through online channels, including this Agreement, all kinds of information and documents sent to iyzico via the electronic mail system by means of electronic mail, fax or letter, information and documents shared through the telephone channel or directly with iyzico, and personal data shared verbally, in writing or electronically by any other means transferred to iyzico in various ways are collected by iyzico in accordance with Articles 1 and 2 of the Personal Data Protection Law ("PDPL"), in part or in whole, by automated or non-automated methods, as regulated in the most current version of iyzico Privacy & Personal Data Policy published on https://www.iyzico.com/gizlilik-politikasi/, that he/she has been informed by reading and approving this Agreement that personal data can be processed in accordance with the personal data processing conditions and purposes specified in Articles 5 and 6 of the PDPL for purposes such as performing and/or executing the payment services and business activities offered by iyzico, planning and/or executing the sales processes of services, developing and diversifying products and services, marketing and advertising of products and services, carrying out the necessary work to make the relevant persons benefit from these activities and informing them about the products and services, determining user satisfaction with products and services, managing requests and complaints, and conducting the necessary quality and standard audits, planning, auditing and/or executing information security processes, planning and/or executing business continuity activities, following finance, accounting and invoicing processes, following legal processes, ensuring that data is accurate and up-to-date, ensuring the security of iyzico operations, ensuring the legal, technical or commercial business security of real or legal persons who have a business relationship with iyzico, fulfilling legal obligations, fulfilling the requirements of iyzico policies and procedures and that that he/she has been informed by reading and approving this Agreement about the fact that identification, communication, user transaction, transaction security, risk management, legal action and compliance, physical location, security, marketing information and all other personal data shall processed, transferred and stored for the above-mentioned purposes, that The personal data collected shall be shared and transferred by the relevant business units of iyzico with its affiliates, shareholders, business partners, suppliers, auditors, service providers, legally authorized public institutions and organizations, private institutions and organizations, professional organizations and similar organizations, supervisory and regulatory authorities both inland and at abroad for the performance of the commercial activities carried out by iyzico in line with the purposes, including but not limited to those listed above as well as with private persons and other persons and organizations permitted by the provisions of the legislation within the framework of the conditions and purposes of transferring personal data specified in Articles 8 and 9 of PDPL.

16. LIABILITY FOR FAULT AND DAMAGE
iyzico shall be liable only for direct damages arising from the breach of its obligations arising out of this Agreement and shall not be liable for any other damages, including but not limited to damages caused by third parties or the User, which are not caused by iyzico's own fault. iyzico shall not be liable for any delays that occur as a result of circumstances that cannot be foreseen or prevented by iyzico, the failure to execute the payment transaction or any problems / deficiencies in the payment transaction or any damages incurred as a result thereof.

17. TERM AND TERMINATION OF THE AGREEMENT
a. This Agreement shall enter into force upon approval by the User as specified in Article 1 and shall remain in force unless terminated as specified in this Agreement.
b. The Parties may terminate this Agreement without specifying any reason with 1 (one) month prior written notice.
c. In the event that one of the Parties violates its contractual obligations and the relevant violation is not corrected within 1 (one) week despite the written request sent by the other Party regarding the correction of the violation, this Agreement may be terminated immediately without compensation with a written notice to be sent in writing by the Party sending the written request.
d. In the event that it is determined that the User uses the services provided pursuant to this Agreement for illegal or immoral purposes or provides illegal or immoral goods or services, this Agreement may be terminated immediately by iyzico without any compensation. In addition, the User accepts, declares and undertakes that the User shall cover all damages that iyzico may incur due to this activity of the User in cash and in lump sum at the first request.
e. In the event that iyzico's authorization to operate within the scope of the Law is terminated for any reason, this Agreement may be terminated immediately based on the notification made by iyzico without any compensation obligation to iyzico. The User agrees, declares and undertakes that he/she shall not have any claim other than his/her accrued receivables from iyzico due to this termination.
f. In cases of suspicion of fraudulent or unauthorized use, iyzico may immediately suspend the services provided to the User under the Agreement and immediately block the usage of the Payment Instrument provided to the User. In this case, iyzico shall inform the User (except for the existence of regulations preventing the provision of information in the Legislation or the existence of objective reasons threatening security) and shall make the services and the Payment Instrument available to the User again when the reason for suspension is eliminated. iyzico may also suspend the Service due to the User's activities contrary to this Agreement; until the contrary activities are eliminated.
g. The Parties accept, declare and undertake that in cases where this Agreement is terminated, Articles 9, 18 and 19 shall continue to remain in force even if the Agreement is terminated / abolished until the expiration of the periods stipulated in these articles.

18. CONFIDENTIALITY AND INFORMATION SECURITY
The User accepts, declares and undertakes that he/she shall keep all information obtained from iyzico in any way within the framework of this Agreement confidential, shall store such information, shall not use them for any purpose other than those specified in the Agreement and shall not disclose the said information to third parties (except for legal obligations) without iyzico's written consent. In case of disclosure, iyzico reserves all material and moral compensation rights. The confidentiality clause is an independent commitment from the Agreement and shall remain in force after the expiry of this Agreement for any reason.

19. IYZICO'S RIGHT OF RETENTION, EXCHANGE AND SET-OFF
The User accepts, declares and undertakes in advance that iyzico has the right of exchange, set-off and retention on all receivables, electronic money and payment accounts that iyzico, its group companies or affiliates have or may have in the future in order to ensure the collection of receivables arising from this Agreement, without any notice, that these are primarily pledged to iyzico and that iyzico is authorized to collect rights and/or receivables owned by iyzico through the exercise of these rights.

20. FORCE MAJEURE
Exceptional events, including war, martial law, mobilization, acts of terrorism, pandemic, natural disasters, fire, strike and lockout, which occur beyond the will of the Parties, in which they cannot fulfill their obligations due to reasons that cannot be reasonably foreseen in advance, are considered force majeure. When force majeure is eliminated, the Agreement shall continue to be effective. If the force majeure event lasts longer than 1 (one) month, the Party whose rights are violated may terminate this Agreement without compensation.

21. MISCELLANEOUS PROVISIONS
a. In transactions made by the User via electronic channels with iyzico and that may or may not result in financial results, it is essential to use strong identity verification. However, if the User requests or approves in this direction, it will also be possible to use single-factor identity verification, limited to transactions to be determined by iyzico. If deemed necessary by iyzico, or in any case if the User logs in for the first time or if more than 90 (ninety) days have passed since the last session opened with strong identity verification, the User will be subject to strong identity verification. Within the framework of the limitations in the legislation, iyzico reserves the right to unilaterally change, limit or not allow the User to log in with single-factor identity verification.
b. In cases where the User is under 18 (eight) years of age or lacks legal capacity in any way, the approval of the legal guardian/guardian is required for all transactions required by iyzico's unilateral decision and/or legislation. Transactions will not be carried out by iyzico and iyzico services will not be provided to the User without the relevant approval being obtained through the method/methods determined by iyzico.
c. Istanbul Courts and Enforcement Offices shall be competent for the settlement of disputes arising out of this Agreement.
d. The User may not transfer and assign his/her rights and obligations arising out of this Agreement to third parties in whole or in part without the written consent of iyzico.
e. In case of any dispute regarding the transactions under this Agreement and the Service, the electronic and system records, commercial records, ledger records and computer records kept by iyzico in its own database, servers, together with the messages sent by the User in writing or by telephone where the conversations are recorded, from the fax number, e-mail address, KEP (Registered Electronic Mail) address and GSM number that the User has specified as the contact address, shall constitute evidence, and the Parties agree that this article constitutes an evidence contract within the scope of Article 193 of the Code of Civil Procedure.
f. iyzico's address specified under this Agreement and the address specified by the User during registration are the legal notification addresses of the Parties and notifications made to these addresses shall be deemed valid unless any change of address is notified to the other Party in writing. Unless otherwise specified in the relevant legislation, all notifications to be made pursuant to the Agreement may be delivered in writing or electronically. iyzico shall make the notifications to be made to the User under this Agreement via e-mail to be sent to the address specified by the User and/or SMS (text message) to the phone number provided during registration within the periods specified in the Agreement.
g. The fact that the other Party has not taken any action despite the breach of any provision of this Agreement by one Party does not mean that the other Party waives its rights and the other Party is always entitled to exercise its rights arising from the Agreement in case of subsequent breaches. Failure to exercise or delayed exercise of any right arising out of this Agreement by the related Party shall not constitute a waiver of such right by the Party entitled thereto.
h. The invalidity in whole or in part of one or more of the non-essential provisions of this Agreement shall not affect the validity of the remaining provisions of this Agreement.
i. In order for the User to benefit from iyzico services, smartphones must have Android 7 and above, IOS 13 and above systems and internet browsers must have at least the systems of 90+ for Chrome, 12+ for Safari, 100+ for Firefox, 100+ for Edge or 90+ for Opera.

22. ENFORCEMENT OF THE AGREEMENT
This Agreement consists of 22 articles and entered into force on the date of electronic approval between the Parties.
This Agreement and its annexes are valid as of 16.10.2024.

ANNEX-1: Fee Information List
ANNEX -2: iyzico Mobile Application User Agreement
ANNEX -3: iyzico Ancillary Services Agreement