Terms of Use

PAYMENT AND ELECTRONIC MONEY SERVICES USER AGREEMENT

 

1. THE PARTIES

This Payment and Electronic Money Services Framework Agreement (‘Agreement’) has been concluded between SiPay Electronic Money and Payment Services Inc. (‘SiPay’), with the details provided below, located at Küçükçamlıca Mah. Ord. Prof. Fahrettin Gökay Cad. No:49, 34696 Üsküdar/İstanbul, also known as Kent Kart Business Industry and Trade Limited Company (‘REPRESENTATIVE’), and the Payment Services user (‘USER’), in accordance with the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions.

Contact information of SİPAY are as follows;

Central registration system number: 0771052810300001

REM address: [email protected]

E-mail address : [email protected]

Phone Number : 0212 706 11 12

Representative Information;

Central registration system number: 544112876700001

REM address: [email protected]

E-mail address: [email protected]

Phone Number: 0212 249 67 20

 

Under this Agreement, Kent Kart İşletme Sanayi ve Ticaret Limited Şirketi acts as a Representative based on the authorization received from Sipay. SİPAY/REPRESENTATIVE and USER collectively referred to as the ‘Parties,’ and individually as the ‘Party.

This Agreement shall enter into force upon acceptance or signature by the USER, either online or in writing. The USER acknowledges that the use of payment and electronic money services provided by SİPAY/REPRESENTATIVE is subject to the provisions and terms contained in this Agreement and any annexes, if applicable.

 

2. DEFINITIONS

Representative: Kent Kart İşletme Sanayi ve Ticaret Limited Şirketi, within the scope of the Cooperation Agreement signed with SİPAY, provides its customers with virtual wallets/prepaid cards and card storage services using SİPAY’s infrastructure to execute Payment Services in accordance with Article 13 of the Regulation,

Recipient: Refers to the real or legal person to whom the fund subject to the payment service is requested to reach.

Call Center: The Representative Customer Service, where the USER can submit complaints, requests, and suggestions via the phone line +90 444 98 44

Electronic Money: Refers to the monetary value received from the user and issued against the funds accepted by SİPAY, stored electronically, accepted by other real or legal persons other than Papara and used to perform payment transactions defined in the Law,

Funds: Refers to banknotes, coins, representative or electronic money,

Forwarder: Refers to a real or legal person who issues a payment order from his/her own Payment account or without having a Payment account.

Sensitive Payment Data: Refers to personal security information related to the Instrument of Payment such as password, security question, certificate, encryption key and PIN, card number, expiration date, CVV code, etc. used in the issuance of the Payment Order or authentication, which, if intercepted or changed, may allow fraud or fraudulent transactions,

Incorrect or Unauthorized Transaction: The Payment Transaction that is initiated by a third party without the user’s consent and/or knowledge, or by an unauthorized person to issue the transfer order, resulting in the user not receiving the related goods or services,

Card Storage Services: The services provided by SİPAY that allow the USER to store their credit card and debit card information and use these registered cards for payments through the services provided by SİPAY/REPRESENTATIVE,

Law: Refers to the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions,

Institution: It is the Central Bank of the Republic of Turkiye,

Payment Instrument: Special tools such as card, mobile phone, QR code, password and similar used by the user to issue the Payment Order,

Payment Order: The instruction given by the user to Papara or another payment service provider in order to make the payment transaction.

Payment Account: The account opened on behalf of the User and used to provide the Payment Service.

Payment Services: Refers to the payment services and electronic money transactions listed in Article 12 and 18 of the Law that SİPAY offers within the framework of the Legislation and in accordance with the activity permits it has,

Payment Transaction: Deposit, transfer, or withdrawal of funds carried out upon the instruction of the USER or Sender,

Consumer: A real or legal person acting for non-commercial or non-professional purposes,

Application: The electronic wallet application provided by SİPAY/REPRESENTATIVE,

Merchant: The real or legal person receiving payments for goods and services offered through an electronic commerce platform and/or physical or online merchants, through the payment services provided by SİPAY,

Website: https://www.sipay.com.tr and https://plus.kentkart.com address,

Regulation: That refers to the Regulation on Payment Services and Electronic Money Issuance, Payment Institutions, and Electronic Money Institutions.

 

3. SUBJECT OF THE CONTRACT

 

The subject of this Agreement is to determine the scope of Payment Services to be provided by SİPAY/REPRESENTATIVE to the USER through the use of SİPAY’s infrastructure, as per the agreement concluded between SİPAY and REPRESENTATIVE, and to define the rights and obligations of the Parties regarding these services.

 

4. GENERAL PROVISIONS REGARDING PAYMENT SERVICES

4.1. The Payment Services covered by this Agreement can be provided in Turkish Lira as well as in any foreign currency announced by the Institution. SİPAY uses the exchange rates determined by the Institution as the reference exchange rates, and changes in the exchange rates will take effect immediately.

4.2. The USER acknowledges that they are competent to accept this Agreement regarding Payment Services, act on their behalf and account, not act on behalf of others, notify in writing to SİPAY any changes in their identity, contact, and other identity information subject to identification in case they act on their behalf and account for someone else and, if so, whom they are acting for, and submit the identity information and documents of the real or legal person whose account is being transacted upon request by SİPAY before the transactions are made, in compliance with the relevant legislation, including Law No. 5549 on Prevention of Laundering of Proceeds of Crime, and agrees to use the services within the limits set by the legislation, including Law No. 5549, under this Agreement. Otherwise, except for its own negligence or fault, SİPAY shall not be liable for any unauthorized, erroneous transactions, unlawful use by third parties, fraudulent activities, or any such transaction on the part of the USER. This includes, but is not limited to, responsibilities.

4.3. The USER acknowledges, declares, and undertakes to provide all necessary information requested by SİPAY/REPRESENTATIVE for the realization of Payment Services, depending on the nature of the relevant Payment Transaction. This may include card number, contact details, recipient’s full name, title, address, bank, account, and IBAN information necessary for conducting the transaction. The USER acknowledges that within the scope of Payment Services, additional or different information may be requested from them by SİPAY/REPRESENTATIVE through other systems that may be used.

4.4. The USER acknowledges and declares that any and all damages and liabilities arising from their failure to fulfill their responsibilities within the scope of the Payment Transaction, such as providing incorrect information or failing to specify the time required for a certain transaction, will be solely their responsibility.

4.5. The USER acknowledges that in order to benefit from the Payment Services, they need to open an account with SİPAY. If the USER creates an account indirectly through accounts established at Merchant, or through any other identity matching mechanism, or links another account to the Payment Account without directly using SİPAY’s account creation interfaces, they agree to grant the necessary permissions and authorizations to access their account to relevant third parties within the scope of such integration, and in this context, accept that information pertaining to the USER may be shared between SİPAY and the related party. Services provided without identity verification or matching for Payment Transactions below specific transaction amounts determined by SİPAY do not constitute a violation of this provision.

4.6. The USER acknowledges that they cannot perform transactions above the transaction limit determined by SİPAY within the scope of the Contract. Transaction limits will be determined by SİPAY and published on the Website. If the USER requests an increase in the transaction limit and SİPAY approves this request, SİPAY may request a fee specified on the Website to raise the transaction limit and may require additional identity verification processes as required by the Regulation on Measures Regarding the Prevention of Laundering Proceeds of Crime and Financing of Terrorism, and as introduced by SİPAY.

4.7. The USER can provide the Payment Order related to the Payment Transaction and its approval through the Application, within the process stipulated by the verified Merchant, through the Payment Instrument, or via other permanent data storage devices accepted by SİPAY (such as text messages, emails, and similar communication means). The said Payment Order and its approval can be given either before or after the execution of the Payment Transaction. The USER’s approval of the Payment Order shall be expressly given and implicit acceptances (such as silence, non-objection, consent, and other forms of implicit agreement) shall not be considered as approval for the Payment Transaction.

4.8. The moment the Payment Order is conveyed to SİPAY will be deemed the moment of its receipt. In the event of a decision for the Payment Transaction to be executed on a specific day, the day agreed upon for the Payment Transaction will be acknowledged as the date of instruction reception. The USER acknowledges and declares that the said Payment Order can be submitted until 24:00 (00:00), excluding holidays, and any orders received after this time will be considered received on the next business day by SİPAY. The USER, after authorizing SİPAY regarding the Payment Transaction, can retract the transaction until the said Payment Transaction is executed.

4.9. SİPAY executes the Payment Order on the agreed payment date with the USER, provided that the Payment Order is placed at least 1 (one) day in advance. In cases where the payment date is not agreed upon with the USER, the Payment Order will be executed within 4 (four) business days from the date it reaches SİPAY.

4.10. If SİPAY refuses to execute a Payment Order, it will communicate the reason for refusal and, if applicable, how the errors causing the refusal can be corrected. This communication will be provided in writing or through alternative channels (call center, internet, mobile, etc.) to the USER’s provided contact details such as the registered GSM number, email address, or other channels as specified in this Agreement and its appendices. SİPAY will notify the USER promptly and in any case no later than the end of the business day following the receipt of the Payment Order. If the refusal is based on a valid reason, the USER acknowledges and declares that SİPAY has the right to charge a reasonable fee, as specified in this Agreement’s annex, in accordance with the channel specified for notification by SİPAY.

4.11. Payment Services can be executed through a device such as a mobile phone, computer, or via an Application. The USER acknowledges and declares that compliance with the technical and other specifications stated in the terms of use of the device/Application must be ensured.

4.12. SİPAY provides the information required by the Regulation regarding Payment Services to the USER either immediately after the transaction or at the latest within monthly intervals using one of the contact details provided by the USER in this Agreement, such as the email address, GSM number, or the Application.

4.13. SİPAY is responsible to the USER for executing the Payment Transaction in accordance with the Payment Order. SİPAY is obliged to transfer the payment transaction amount to the Receiver’s bank or payment service provider immediately upon receipt of the Payment Order, and in any case, no later than the end of the following business day; if the USER is the Receiver, SİPAY is responsible for making the Payment Transaction amount available to the USER for use immediately and no later than the next business day following the transfer of the relevant amounts to SİPAY. During this period, if the payment amount is not sent to the Receiver’s bank or payment service provider by SİPAY or if it is erroneously sent, SİPAY will promptly refund the amount that has not been executed or incorrectly executed to the USER or restore the USER’s account to its previous state. If the USER requests information from SİPAY regarding the reason for non-execution or incorrect execution of the transaction, SİPAY is obliged to provide the requested information to the USER. SİPAY is in no way responsible for the transactions of the Receiver’s bank or payment service provider.

4.14. SİPAY will not accrue interest on the amounts collected under the Contract or on Electronic Money, will not provide any interest related to the term, will not engage in the issuance of any Payment Instrument linked to any payment account for the purpose of carrying out payment transactions arising from the purchase of goods or services, and will not conduct activities that involve lending, installment payment schemes, or payment guarantees related to uncollectible amounts.

4.15. SİPAY may implement loyalty programs and other applications and may, without any reason, cancel, revoke, or delete relevant points and campaigns.

 

5. SPECIFIC PROVISIONS REGARDING ELECTRONIC MONEY

5.1. Provisions Applicable When the USER is the Sender

5.1.1. Upon the USER’s request, SİPAY will issue Electronic Money up to the amount of the Fund and make it available for the USER’s use. This issuance will occur through methods such as EFT/wire transfers, via Representatives, within the scope of returns obtained from purchase transactions conducted by the USER through distance contracts where the USER is a party or through other channels established by SİPAY. Subsequently, SİPAY will transmit to the USER a receipt indicating the Fund amount received in exchange for the issued Electronic Money, requested through methods such as loading returns obtained from purchases or using credit/debit cards. SİPAY reserves the right to offset the amount debited by the respective bank from its own account against the USER’s account in cases of expense dispute claims related to Credit Card loading transactions sent to SİPAY. Additionally, SİPAY reserves the right to modify the means through which purchase transactions are executed.

5.1.2. Unless otherwise specified in writing by the USER, the holder of the Electronic Money is deemed to be the rightful owner, and the legal owner of the Payment Instrument. In cases to the contrary, the USER must inform SİPAY in writing, and SİPAY may require completion of the necessary identification processes and request additional information for the transfer to take place.

5.1.3. USER may request, through channels determined by SİPAY, the partial or complete conversion of Electronic Money into funds. Unless otherwise mandated by law, upon USER’s request, SİPAY will process the transaction for the transfer of funds, equivalent to the Electronic Money, to the account specified by the provided IBAN number, after receiving all necessary information in full compliance with legal obligations without delay.

5.1.4. In the process of converting funds, verification procedures established or to be established by SİPAY will be implemented. USER acknowledges that a conversion fee, as specified on the Website, may be applied to the total amount and deducted from the credited amount, and agrees to this condition. If the requested refund amount and/or monthly balance and/or usage amount exceed the limits stipulated by the current legislation, USER agrees that they may need to undergo identity verification. Until this verification is completed, USER understands that no refund will be processed.

5.1.5. The responsibility for the loss, theft, or seizure of Electronic Money products due to the non-activation process solely rests with the individual holding the ownership, and SİPAY bears no liability for any loss or damage incurred in such instances. During the activation process, SİPAY may request information for identity verification, including but not limited to TCKN (Turkish Republic id number (trin), Name, Surname, as determined by SİPAY and/or mandated by regulations. Failure to provide this information may result in the non-completion of the activation process. Electronic money cannot be converted into cash, refunded, or exchanged without activation.

5.2. The Provisions Applicable When the USER is the Recipient

5.2.1. The USER acknowledges and declares that SİPAY may issue Electronic Money equivalent to the amount received from the Sender. This Electronic Money can be used for the purchase of goods and/or services by the USER. In cases where Electronic Money is used, any remaining Electronic Money after deductions such as commissions, payments, and other deductions made by SİPAY/REPRESENTATIVE, as indicated at https://sipay.com.tr/limits-and-fees and https://plus.kentkart.com/en/limits_and_fees , will be immediately transferred to the USER’s payment account with SİPAY.

5.2.2. The USER may request, at any time, through channels designated by SİPAY, the partial or total conversion of Electronic Money held in the Payment Account with SİPAY into Turkish Lira. Unless otherwise required by legislation, upon receiving such a request, SİPAY promptly converts the Electronic Money into Turkish Lira and transfers it to the USER’s bank account/card.

5.2.3. SİPAY reserves the right to impose additional obligations on the USER regarding the use or conversion of Electronic Money held in the electronic money account within a specified period. Any Electronic Money that remains unused and unconverted at the end of this defined period will be converted into funds and transferred to the USER without any obligation for notification or request at the end of the period.

 

6. SPECIAL PROVISIONS REGARDING PAYMENT SERVICES

6.1. Provisions Applicable to the User as the Sender: The fees related to the goods and services acquired using the Payment Services provided within the scope of this Agreement and the conditions for collecting these fees are exclusively determined by the Receiver. The User acknowledges that there is no responsibility on the part of SİPAY/AGENT regarding these matters between the Receiver and themselves. Additionally, the User acknowledges that through the Payment Services, interest amounts duly accrued by the Receiver in compliance with the regulations can also be paid, and upon the Receiver’s instructions, the User’s payment account may be debited for the relevant amount.

6.2. Incorrect or Unauthorized Transaction:

6.2.1. USER; is obliged to securely protect their Payment Account, Payment Instrument, and password, and take all necessary measures to prevent their unauthorized use by others; in case of an event that raises suspicion of fraudulent or unauthorized use of the Payment Instrument, loss, theft, or realization of a transaction without their consent, immediately report the situation to SİPAY/REPRESENTATIVE Call Center and deactivate the Payment Instrument. USER acknowledges and agrees that they will be responsible as outlined in this Agreement for any damages arising from the unauthorized use of the payment interface, Payment Instrument, sensitive payment data, username, or password by unauthorized persons, without any fault on the part of SİPAY.

6.2.2. If SİPAY determines the circumstances as specified in Article 6.2.1 of this Agreement, SİPAY is obliged to suspend the Payment Instrument automatically and inform the USER in writing or through a permanent data storage. SİPAY will reinstate the Payment Instrument upon notification from the USER that the reason for the suspension no longer exists. If, at the time of notification, the transaction amount has been transferred to the Recipient or the Recipient’s payment service provider, SİPAY will request a refund from the Recipient or their payment service provider and transfer these amounts to the USER. SİPAY is not responsible for the refund process carried out by the Recipient or their payment service provider. The USER is obliged to inform SİPAY/AGENT of any unauthorized or incorrectly processed payment transaction upon learning about it and request correction. The request for correction cannot exceed thirteen (13) months from the date of the payment transaction. If it’s determined that the transaction was unauthorized or processed incorrectly, SİPAY will immediately refund the incorrect amount to the USER or restore the USER’s account to its previous state. If, at the time of notification, the transaction amount has been transferred to the Recipient or the Recipient’s payment service provider, SİPAY will request a refund from the Recipient or their payment service provider and transfer these amounts to the USER. The 13-month period mentioned in this clause will be applied as 6 (six) months for USERS who do not have consumer status.

6.2.3. The USER is responsible, limited to 150 Turkish Liras, for the loss, theft, or unauthorized use of the payment instrument and/or password. Following the notification made under section 6.2.1, the USER will not be liable for unauthorized payment transactions that occur afterward. However, if the USER engages in fraudulent use of the Payment Instrument or deliberately or severely neglects their obligations as outlined in section 6.2.1, the USER will be fully responsible for any damages incurred, without limitation on time or fees.

6.2.4. The USER or SİPAY, if there is a reasonable suspicion of unauthorized transactions by the Sender, may examine the Sender’s authorizations and, in the event of suspected fraudulent transactions, may refuse the payment. In such cases, the Sender will not have any claim rights.

6.2.5. In case of reimbursement of the amount from the Recipient and/or the Recipient’s Payment Service Provider due to an erroneous or unauthorized transaction, the amount determined by the competent court related to the damages incurred by SİPAY/AGENT arising from the transaction may be offset from the reimbursed amount without any permission or notification.

6.3. Refunds for transactions initiated by the Recipient: The request must be made within 2 (two) months from the date of the payment transaction. The USER may request a refund if, during the authorization by the Recipient or through the Recipient, the exact amount of the payment transaction was not specified at the time of authorization and the amount of the completed payment transaction exceeds the anticipated amount, taking into account the spending history, contract terms, and other relevant factors, provided that the related

goods or services have not been consumed. In this case, SİPAY may request the USER to provide factual evidence supporting their request. However, under all circumstances, if the confirmation for the payment transaction is directly provided to SİPAY or if the notification is given to the USER at least 1 (one) month before the date on which the payment should be made, the USER cannot request any refund for the related payment transaction. In cases where a refund request can be made under this clause, SİPAY will make the payment within 10 (ten) business days or inform the USER of the refusal decision along with the reasons and the legal remedies available to the USER.

 

7. PROVISIONS REGARDING CARD STORAGE SERVICES

7.1. The utilization of Card Storage Services is subject to the user’s approval.

7.2. The USER, within the scope of this Agreement and subject to approval for payment transactions facilitated through SİPAY, consents to sharing card information with SİPAY for the facilitation of payment transactions until otherwise specified by the USER. These shared details are limited to the bank associated with the card, the name on the front of the card, the card number, and the expiration date, to be securely stored by SİPAY or its secure storage service provider, unless otherwise specified by the USER.

7.3. The USER acknowledges and undertakes that the information provided under this Agreement belongs to them, is accurate and true, and that they are solely responsible for all transactions made with the aforementioned cards. The USER further accepts all legal and criminal liability associated with these transactions.

7.4. The USER can register their cards with SİPAY by entering their card number, expiration date, and card security code (if requested and as requested), or through integration via Merchant pages or other suitable platforms. Upon successfully adding a card, the USER can subsequently use it without the need to enter additional information. Within the limits set by SİPAY, the USER can store as many cards as desired under the Card Storage Services. The USER acknowledges that this Agreement is valid for the storage and use of all such cards.

7.5. When the USER wishes to conduct a transaction using their registered card through a payment channel integrated with SİPAY, they will be presented with information about their registered cards (such as a user-assigned card name, etc.). The USER will have the option to choose whether to proceed with a transaction using these cards. If the USER confirms the transaction, it will be processed. SİPAY reserves the right to modify the transaction process in the future and may introduce additional security measures (such as passwords, one-time verification codes, approval through the application, etc.) for the USER’s security. The USER acknowledges sole responsibility for the security and confidentiality of all passwords they define and use within this system, agrees not to share passwords with third parties, and accepts sole responsibility for all transactions conducted using the credit card registered within the system.

7.6. The User is responsible for contacting the bank that issued the registered card to report and ensure the closure of the lost or stolen card registered with SİPAY.

7.7. The USER is obligated to act in accordance with this Agreement and the current legislation during the use of the Card Storage Services. In the event of any suspicion of non-compliance on the part of the USER, SIPAY reserves the right to immediately suspend the provision of the relevant service or terminate this Agreement. The USER shall indemnify SIPAY for all damages incurred as a result of non-compliance with this Agreement or relevant legislation.

7.8. SIPAY may request additional information, documents, or approval from the USER at any time to ensure compliance with current legislation, and the USER agrees to fulfill these requests; otherwise, the Card Storage Services may not be provided as specified within this Agreement.

7.9. The subject matter of this article is that Card Storage Services may be provided by SIPAY free of charge or may occasionally be subject to various campaigns or offered for a fee. The USER acknowledges being bound by SIPAY’s/AGENT’s pricing policy for the duration of using the Service.

 

8. FINANCIAL PROVISIONS

8.1. When there are fees that the USER must pay for the Payment Service, they will be classified according to the types of services at https://sipay.com.tr/limits-and-fees and https://plus.kentkart.com/en/limits_and_fees, and will be available on the Website and/or Application.

8.2. The fees, expenses, and commissions specified on the website and/or Application may be unilaterally updated by SİPAY/REPRESENTATIVE, and if the USER does not terminate the Agreement following the notification made to them in accordance with this Agreement due to the mentioned changes, they agree that the current service fee will be collected as stated above for the duration they use the service.

8.3. In addition to the information that SİPAY is required to provide within the scope of the legislation, if there is a request for additional information, more frequent updates, or the transmission of information through methods different from those foreseen in this Agreement, the pricing tariff specified on the Website and/or Application will apply.

8.4. SİPAY/REPRESENTATIVE reserves the right to request the fee specified on the Website and/or Application for scenarios such as notifying the USER in case of justifiably rejecting a Payment Order due to USER negligence or fault, instances where the withdrawal of the Payment Order is requested, reclaiming funds related to an erroneous Payment Transaction, and other similar circumstances.

8.5. Other transactions subject to pricing within the scope of Payment Services, not covered in this Agreement, will be determined by SİPAY/REPRESENTATIVE and may be subject to transaction fees specified on the Website and/or Application.

8.6. It is the responsibility of the USER to ensure that the bank account notified to SİPAY is current, open, and in usable condition. If the reported bank account is not registered in the name of the USER, SİPAY will not be able to make payments to this account.

8.7. SİPAY/REPRESENTATIVE reserves the right to set off any amounts owed by the USER under this Agreement against payments made to the USER without any notification. The USER expressly agrees and undertakes not to raise any objections or claims in this regard in advance.

 

9. THE DURATION AND TERMINATION OF THE AGREEMENT

9.1. The Agreement enters into force upon approval or signing by the User and remains in effect unless terminated.

9.2. This Agreement can be terminated at any time by mutual written agreement of the Parties.

9.3. SİPAY/REPRESENTATIVE may terminate the Agreement at any time with a written notice to be given at least 2 (two) months in advance; while the USER can terminate the Agreement with a written notice to be given at least 1 (one) month in advance without any compensation.In the event it is determined that Payment Services and Payment Account are used for purposes contrary to legislation and morality and/or for the procurement of goods and services contrary to legislation and morality, SİPAY/REPRESENTATIVE reserves the right to immediately terminate this Agreement and may inform the USER about the termination.

9.4. “If the license obtained by SİPAY from the Institution is canceled or terminated, provided that it is not due to SİPAY’s negligence or fault, this Agreement will automatically terminate without any obligation for compensation.

9.5. If, within the scope of this Agreement, the USER uses Payment Services on platforms perceived as unsafe or suspicious by SİPAY, in cases where there is suspicion of fraudulent or unauthorized use or similar circumstances, SİPAY may suspend the services offered to the USER, temporarily or permanently block the Payment Account, temporarily or permanently deactivate the Payment Account and/or Payment Instrument, notifying the USER. In this situation, unless there are legal provisions preventing disclosure or objective reasons threatening security, SİPAY will inform the USER and upon the elimination of the reason for suspension, reinstate the services and Payment Instrument for USER use.

 

10. VARIOUS PROVISIONS

10.1. Other than what is specified in this Agreement, SİPAY/REPRESENTATIVE reserves the right to unilaterally make changes and updates to the conditions related to Payment Services, the content on the Website and Application, the Agreement, and its appendices. If such changes are made within the framework of legal obligations or amendments made due to the provision of Payment Services by third-party Payment Service Providers contracted by SİPAY under this Agreement, and if these changes lead to a modification in the terms of this Agreement, a notice will be provided to the USER 30 (thirty) days prior to the effective date of the change. This notice will include the scope of the modification, the effective date, and information regarding the USER’s right to terminate the Agreement without incurring any fees. “In such a case, if the USER does not wish to accept the changes, they may terminate this Agreement. If the USER does not provide a termination notice within 30 (thirty) days after being notified, the relevant changes will be considered accepted. In the case of any changes required by legislation with a duration shorter than 30 (thirty) days, this information will be communicated to the USER in the notification, and the period specified by the legislation will be applied instead of the period mentioned in this clause.

10.2. SİPAY responds to USER complaints and objections related to Payment Services within 20 (twenty) days following the application date, in a justified manner and in accordance with the application method.

10.3. In disputes arising from this Agreement, Istanbul Anatolian (Kartal) Courts and Enforcement Offices are authorized.

10.4. If the USER purchases the services within the scope of this Agreement for professional and commercial purposes, even if the USER has approved the Agreement, the provisions of the Agreement related to consumers will not apply to the USER.

10.5. Neither party shall be held liable for delays arising from force majeure events, such as extraordinary situations beyond the control of the parties, unforeseen circumstances, including but not limited to force majeure, mobilization, earthquakes, strikes-lockouts, lack of fuel, transportation, equipment, or other goods and services, natural disasters, contagious diseases, export or import restrictions, fire, explosions, accidents, sabotage, civil unrest, temporary revocation of SİPAY’s operating license due to reasons not attributed to SİPAY, etc., which prevent the parties from fulfilling their obligations under this Agreement. The Party affected by force majeure immediately notifies the other Party in writing, and the obligations of the Parties are suspended during the force majeure period. When the force majeure ceases, the Agreement resumes from where it was left off. During the force majeure period, the obligations of the Party whose rights were not fulfilled are also suspended. If the force majeure situation lasts for more than 15 days, the Party whose rights are violated may terminate the Agreement without compensation.

10.6. Unless otherwise specified in the Agreement or current legislation, all notifications to be made under the Agreement can be transmitted in writing or electronically. SİPAY/REPRESENTATIVE will deliver notifications to the USER within the specified times stated in this Agreement through email, SMS, or notifications to the specified address of the USER.

10.7. The addresses specified by the Parties are the legal notification addresses of the Parties, and unless any address change is communicated in writing to the other party, notifications made to these addresses will be deemed valid.

10.8. A copy of this Agreement is provided to the USER in writing or through a durable data storage medium following the conclusion of the Agreement or made accessible to the USER. Upon request by the USER, another copy of the Agreement and its appendices, along with documents related to transactions, will be provided for a fee as specified on the Website.

 

This Agreement, consisting of 10 (ten) articles, has been accepted by the Parties.

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