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 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: Altunizade Mah. İnci Çıkmazı Sokak, No: 3 İç Kapı No: 10 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".
2. DEFINITIONS
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.
4. REGISTRATION
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
r.
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. FEES
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. MISCELLANEOUS
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