Framework E-Money Issuance And Payment Service Agreement

[termsSection title="iyzico Card Storage End User Agreement"]
1. Parties
This Agreement has been made between; iyzi Odeme ve Elektronik Para Hizmetleri A.S., located at Maslak Mah. AOS 55. Sok. 42 Maslak A Blok Sitesi No:2/140 Sarıyer İstanbul (referred to as iyizco) and the person who is to become a User (as defined below) of the “iyzico Card Storage” service and entered into force upon electronic approval of the User indicating that he/she has understood and agreed to this Agreement.

2. Definitions
For the purpose of this Agreement, words starting with capital letters shall carry their designated meanings below:
iyzico Card Storage: The application developed and run by iyzico to advance electronic commerce, payment, notification and financial transaction operations and to expedite payments by cards
Merchant(s): Persons who have entered into an agreement with iyzico for use of the iyzico Card Storage service, making product/service sales to Users and accepting Cards as a payment method
Merchant Website(s): The website(s) or mobile app(s) that belong to the Merchant and used for sale of products and goods as well as payment processes related to those sales
Card: The credit/debit/pre-paid card useable on iyzico Card Storage service which has been given to the User by the User’s Bank
Card Data: The sixteen-digit number located on the front side of the Card and the expiry date of the Card
User: The person who has entered into this Card Storage Agreement with iyzico
User’s Bank: The bank that has issued the Card to be used by the User for payments within scope of this Agreement
User Data: Information provided by the User to iyzico Card Storage including the User’s Turkish Identity Number, Bank Customer ID, Name-Surname, e-mail, address and other information listed on iyzico Card Storage website.

3. Subject and Scope of the Agreement
Subject of this Agreement is determination of the terms of use of the iyzico Card Storage service by User and rights and obligations of the parties with this respect. Scope of this Agreement covers the determination of; the outline for the iyzico Card Storage service, terms and provisions on becoming a User of iyzico Card Storage, and the provisions for storage and use of Card Data and User Data. Any declarations made by iyzico on the iyzico Card Storage Website about iyzico Card Storage, Merchants or Users shall constitute an integral part of this Agreement.

4. Provisions on Becoming a User
4.1. An applicant who wishes to become a User shall become a user upon approving this Agreement located on the same page as the payment system of iyzico on the Merchant Website when making a payment by card for product(s) and service(s) that he/she wishes to purchase and successful completion of the related payment.

5. Terms of Use for iyzico Card Storage Application
5.1. iyzico may revoke the User Status for any valid reason including the determination of transactions made by User via iyzico Card Storage as risky in legal, technical or information security terms or that the transactions have been part of a crime and similar reasons at any time after becoming a User and without any obligation to compensate. Persons who have had their User status revoked by iyzico are prohibited from becoming a User again by using different information.
5.2. iyzico Card Storage service will be available for all other Merchants involved after the User fulfills the conditions in Article 4. In order to make use of the iyzico Card Storage service, the User should create an account on the relevant Merchant with his/her e-mail address and password. He/she may use iyzico Card Storage service by signing into the Merchant Website with these user credentials. Security and confidentiality of this information are within the User’s responsibility and the User agrees and undertakes that he/she will not share his/her e-mail and password information with third persons. The User agrees and undertakes that the transactions made by using his/her e-mail address and password are made by him/her, that he/she cannot make any objection and/or refutation stating that transactions made in the explained manner are not made by him/her, and that he/she will not avoid fulfilling his/her obligations on the grounds of this objection or refutation.
5.3. The User agrees, declares and undertakes, under this Agreement, that he/she has agreed and will be deemed to have agreed to all declarations regarding the use and operation of iyzico Card Storage on the iyzico Card Storage Website.
5.4. The User agrees, declares and undertakes; that he/she will not violate any necessary legal provisions, procedures, this Agreement and the terms of the sales agreement that he/she has made with the Merchant in the purchase transaction with the Merchant via iyzico Card Storage; that he/she will not manipulate the system or behave in a similar manner; that he/she will take all necessary measures to prevent transmission and use of any material that may be harmful to the Merchant Website, iyzico Card Storage service or any device, hardware and software as well as any parts thereof such as virus, spyware, malware, trojan etc. in his/her transactions through iyzico Card Storage service, and that all legal/criminal responsibility for his/her transactions and actions including the use of iyzico Card Storage for purchase and payments lays with himself/herself.
5.5.The User agrees and declares; that iyzico has no control or information on the process, data, information and images on the Merchant Website and any other website to which the Merchant Website directs and the products and services offered for sale by the Merchant; and that iyzico has no undertaking and responsibility on the correctness, genuineness, safety and accuracy of those information, transactions and product or service sales; that he/she has taken necessary measures for information security on the computer that he/she uses for those transactions; and that iyzico bears no responsibility for those transactions and content and any damage that may arise from those.
5.6. iyzico may change the services within scope of iyzico Card Storage and the content and declarations on iyzico Card Storage Website at any time, it may bring additional rules and terms for new services and the changes in the services, content and declarations shall come into force on the date they have been published on iyzico Card Storage Website, unless otherwise stated. In case new terms and conditions for new services are stipulated, Users may continue to use the services only upon confirming that they agree to those terms and conditions.
5.7. The User agrees and undertakes not to modify, duplicate, adapt, distribute, publish, reverse engineer, translate or create source code in any other manner from the software included in the iyzico Card Storage service and any source code derived from those software. Use of iyzico Card Storage service and the iyzico Card Storage Website and whole or part thereof for impairing, modifying or reverse engineering; attempts to use the website and application in a manner that places an unreasonable amount of strain on the systems associated with the app, mobile app and website; and attempts to use the website and app in a way blocking, stopping, hindering, damaging and modifying the mentioned systems and attempts to gain access to those systems; and use of automatic programs, robots, spiders, data mining, data dredging software and systems on the application, mobile app and website, and unauthorized duplication, publishing and utilization of the application, mobile app and website through those means and without any limitation to those examples, any unlawful use and unauthorized operation are out of the scope of allowed use as designated in this Agreement and shall be deemed unlawful.
5.9. Functioning and operation of and provision of any services on iyzico Card Storage service are at the sole discretion of iyzico. iyzico may temporarily or permanently cease iyzico Card Storage service and one or more services at its sole discretion, on the condition that it makes the necessary announcement on iyzico Card Storage Website, a reasonable period of time before.

6. Services Within Scope of the iyzico Card Storage Application
6.1. General
6.1.1. In order for the necessary procedures to be completed on the iyzico Card Storage service, the User should make a successful purchase on Merchant Website, complete the identity verification procedures designated by iyzico and provide the requested additional information correctly.
6.1.2. Services provided by iyzico on iyzico Card Storage service are free of charge. However, iyzico may start charging a fee for the services by serving a notice on the iyzico Card Storage Website beforehand.
6.1.3. Some of the services within iyzico Card Storage service may be subject to fees by User’s Bank. In this case, the transaction fee to be charged by User’s Bank is notified to the User before confirmation of the transaction. Iyzico may not be held liable for errors in the fees charged by User’s Bank.
6.1.4. Use of iyzico Card Storage and completion of a transaction may not be possible for reasons such as non-authorization by User’s Bank, failure of the user to correctly enter the single-use code sent by User’s Bank on time etc. iyzico bears no responsibility for non-completion of the payment due to missing information and non-completed steps in those processes.
6.1.5. Where the User does not want to use the iyzico Card Storage service at the Merchant website, the User shall transmit the request to the Merchant at the required pages of the Merchant website.

6.2. Payments for Purchases
6.2.1. The payment service provided by iyzico under the iyzico Card Storage aims to transmit the information related to Card, as transmitted by User’s Bank, to acquirer bank without passing them to Merchant, after User states that he/she wishes to use iyzico Card Storage service on the relevant section of Merchant Website during a purchase made from a Merchant or after the User completes any transaction with this purpose and realization of the necessary verification process via delivery of Card information and if required by User’s Bank, CVV2/CVC2 data to the User’s Bank.
6.2.2. The User may utilize iyzico Card Storage service only on Merchants who participate to the iyzico Card Storage. User may save the Card Data for more than one Card on iyzico Card Storage system and choose any of those Cards during the payment process on the Merchant.
6.2.3. iyzico does not have any control on, and any responsibility or obligation with respect to the products and services paid for via iyzico Card Storage. In case User has any objection regarding the transaction made via iyzico Card Storage, he/she should contact the Merchant or User’s Bank and deliver his/her objection.

7. Use of User Data and Card Data
7.1. iyzico may process the User Data, Card Data and information about the User’s usage of and transactions on iyzico Card Storage for fulfillment of its obligations as set forth in this Agreement, statistical evaluations and operation of iyzico Card Storage, for the period of time it is necessary to enable those operations; and transmit them to Merchant, Merchant’s Bank, User’s Bank and receiving bank on the conditions set forth in this Agreement. User agrees and declares that he/she consents to storage, processing and transmission to parties stipulated in this article of User Data and Card Data under provisions of this article.
7.2. User shall enter the Card Data for the Card on iyzico Card Storage service and iyzico shall not store any numbers, symbols or similar data except the Card Data for the Card and it shall transmit, and not store, the information on Card obtained from the User’s Bank to the Merchant’s Bank or receiving bank.
7.3. iyzico may store and use the information on the transactions made via iyzico Card Storage, after anonymizing them, for statistical evaluations, performance evaluations, marketing campaigns of iyzico and its business partners, annual reports and similar reports for the period of time necessary for those operations and transmit them to its business partners.
7.4. iyzico may contact the User for fulfillment of its obligations stipulated in this Agreement and send messages to the contact information of User provided during the process of becoming a User.
7.5. For efficient, fast and secure operation of iyzico Card Storage service, iyzico may collect User’s IP information when he/she visits the web pages which are provided by iyzico or uses the iyzico Card Storage service and place cookies on the User’s browser, and store and use the information contained in those cookies.
7.6. In case it is requested by authorities as per the regulations in force, iyzico may transmit the User Data, Card Data and the User’s usage/transaction details on iyzico Card Storage service held by it to relevant authorities.

8. Limitation of Liability
iyzico shall not be held liable to the other party or third parties for this Agreement; use of iyzico Card Storage service and iyzico Website; correct, timely and full transmission of the Card Data as used within iyzico Card Storage Application to acquirer bank or User’s Bank; continuity of the system and services; violation of the agreement or explicit and implicit warranties; violation of any obligation to compensate under this Agreement; misrepresentations, negligence, absolute liabilities or other predictable or unpredictable, consequential, indirect, special or accidental damages or punitive damages (including but not limited to; even if the probability of these loss and damages have been notified to the other party; loss of data, betterment, profit, investment, financing, or facilities; any interruptions in the existence and use of data; suspension of other operations; or harm to other property) except when it has acted in gross negligence or willful misconduct.

9. Protection of Intellectual Property Rights
iyzico Card Storage and iyzico Website as whole and any content, database, interface, design, text, symbol, code and similar components within them are either iyzico’s own property or have been acquired under a license from third parties by iyzico. Users have no right to resell, process, share, distribute, or exhibit the aforesaid information, content and data or to let others access or use the services of iyzico. User may not duplicate, process, distribute; reproduce or prepare any work derived from the works of iyzico subject to copyright, unless iyzico has explicitly granted its approval. iyzico reserves all rights on the services, applications, copyrighted works and trademarks within iyzico Card Storage as well as any other property or information provided via iyzico Website or iyzico Mobile App.

10. Termination of the Agreement
10.1. iyzico has the right to terminate this Agreement upon serving a 5 days’ notice, at any time during the term of this Agreement and without any reason, save for the right to immediate termination as stipulated in the sub-article 10.2. below.
10.2. In case the User does not fulfill one or more provisions of this Agreement in part or in full, iyzico may terminate the Agreement immediately without serving any prior notice. If the agreement is terminated in the way set forth in this sub-article, User shall compensate all loss of iyzico caused by his/her failure to fulfill his/her obligations set forth in this Agreement and termination of the Agreement.
10.3. User may, at any time and at his/her sole discretion, unilaterally terminate this Agreement by following the steps under the “Account Termination” section of iyzico Card Storage Website, including when User does not agree to new terms and conditions set forth by iyzico or amendments to this Agreement.

11. Force Majeure
In all instances legally deemed as force majeure, iyzico shall not be liable for non-performance, late or partial performance of any of its obligations set forth in this Agreement. Such cases shall not be deemed as a delay, missing fulfillment, non-performance, or default of iyzico and no compensation shall be demanded from iyzico under any name. The term force majeure shall mean any unavoidable event arising outside a party’s control and non-preventable by iyzico even if it exercises due care; including but not limited to; acts of god, rebellion, war, strike, interruptions in communication, infrastructure and internet failures, enhancement and renewal operations on the system and any breakdown arising from those, power outage and adverse weather conditions.

12. No Assignment
User may not assign, delegate, or lease any rights or obligations arising from his/her use of iyzico Card Storage service as covered in this Agreement.

13. Entire Agreement
This agreement is the only agreement related to use of iyzico Card Storage service between User and iyzico; removal, amendment, invalidity or insertion of articles shall not affect the integrity of this Agreement and the agreement shall not lose its validity for those reasons.

14. Non-Waiver
Failure to enforce any of the rights granted to iyzico under this Agreement on time and in full shall not be deemed to be a waiver of iyzico’s rights in question.

15. Validity of Records
The parties agree, declare and undertake; that the electronic and system records kept in the databases and servers, commercial records and books, microfilm, microfiche and computer records of the parties constitute valid, binding, conclusive and exclusive evidence; that they release each other from proof by oath and that this article constitutes an evidential agreement.

16. Resolution of Disputes, Governing Law and Jurisdiction
Save for iyzico’s right to termination and cancellation of User’s status as stipulated in this Agreement, Turkish Law shall govern the resolution of any disputes arising from performance or interpretation of this Agreement. Courts and Execution Offices of Istanbul (Anadolu) will have jurisdiction to adjudicate any dispute arising from this Agreement.

17. Amendments to the Agreement
iyzico may unilaterally amend this Agreement, at its sole discretion and at any time it considers to be reasonable by announcing the amendments on iyzico Card Storage Website, provided that the necessary announcement has been made on the iyzico Card Storage Website a reasonable period of time before. Amended provisions of this Agreement shall come into force on the date they have been announced and other provisions shall remain fully in force and continue to be effective and binding. This Agreement may not be amended by unilateral declarations from the User.

18. Correspondence and Notices
For written correspondence between parties under this Agreement, iyzico may serve notices to the electronic mail address of the User as stated in his/her application and the User may serve notices to the e-mail address ([email protected]) of iyzico.

19.Entry into Force
This agreement containing 19 (nineteen) articles has come into force upon the User’s electronic approval indicating that he/she has read and agreed to this Agreement.