TURK ELEKTRONİK PARA INC. FRAME AGREEMENT ON GENERAL TERMS AND CONDITIONS
ARTICLE 1 - Parties
The Party
Title : TURK Elektronik Para Inc. (Hereinafter referred to as "TURK")
Mersis Number : 0871053107900001
Address :Prof.Dr.Ahmet Taner Kışlalı Mah.
2405 Sok. No:5 Çayyolu / Ankara
(The addresses of the branches and representatives can be found at https://param.com.tr/)
E-Posta : [email protected]
KEP : [email protected]
Telefon : 850 988 88 88
Faks : 850 455 88 75
and on the other side, the payment service user who has approved this Agreement to provide the PAYMENT SERVICES (hereinafter referred to as "USER" in this Agreement) have agreed on the following matters in order to determine the continuous payment relationships, terms and conditions related to them.
TURK Elektronik Para A.Ş. Framework Electronic Money and Payment Services Agreement will hereinafter be referred to as the "Agreement". In this Agreement, USER and PARAM may be jointly referred to as "Parties" and individually as "Party".
ARTICLE 2 - Definitions
BUYER : refers to the natural or legal person to whom the FUND subject to the payment and/or ELECTRONIC MONEY transaction is requested to reach and/or to whom the USER makes payment by using PARAM services to obtain goods or services.
DIGITAL WALLET : refers to the PAYMENT INSTRUMENT, which is offered as an electronic device, online service or application where the information related to the payment account or PAYMENT INSTRUMENT defined by the customer is stored, and which enables the customer to perform a PAYMENT TRANSACTION using the information related to the payment account or PAYMENT INSTRUMENT defined by the customer.
ELECTRONIC MONEY : refers to the monetary value issued against the FUND accepted by the PARAM, stored electronically, used to perform the PAYMENT TRANSACTIONS defined in the LAW and accepted as a PAYMENT INSTRUMENT by real and legal persons other than the PARAM.
FAST : refers to Fast and Secure Transfer (Instant and Continuous Transfer of Funds).
FUND : refers to banknotes, coins, dematerialized money or ELECTRONIC MONEY.
SENDER : refers to a natural or legal person who issues a PAYMENT ORDER from his/her PAYMENT ACCOUNT or without having a PAYMENT ACCOUNT.
CHARGEBACK : refers to the complaints and objection applications made by card and additional card holders before the relevant card issuer regarding the use of the card, which will be examined in accordance with the rules of the international card scheme (Visa/MasterCard/Troy) depending on the type of card and transaction.
SENSITIVE CUSTOMER DATA : It refers to personal data and security information such as password, PIN, etc. used by the USER in the issuance of the PAYMENT ORDER or verification of the USER's identity, which, if intercepted or changed, may allow fraud or fraudulent transactions on behalf of the USER.
WORKPLACE : refers to a natural or legal person who, within the framework of the contract for POS service concluded with PARAM, agrees to sell goods and services with a payment method that falls within the scope of the payment service.
LAW : refers to Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions.,
IDENTIFIER : refers to the combination of numbers, letters or symbols unique to USERS for the purpose of identifying and distinguishing USERS from other persons by PARAM.
COMMISSION and FEES : Article 4.6 of this Agreement also refers to the service fee announced on https://param.com.tr/ and paid by the USER to PARAM.
USER : refers to the user of payment services and the user of electronic money.
LEGISLATION : refers to the Law on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions, Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers, Communiqué on Information Systems of Payment Institutions and Electronic Money Institutions and Data Sharing Services of Payment Service Providers in the Field of Payment Services, and other relevant legal regulations, in particular the regulations of the Financial Crimes Investigation Board (MASAK).
PAYMENT INSTRUMENT : refers to the card, mobile phone, password and similar personalized tool determined between PARAM and the USER and used by the USER to execute the PAYMENT ORDER.
PAYMENT ORDER : refers to the instruction given by the USER to PARAM or the SYSTEM PARTNER to carry out the PAYMENT TRANSACTION.
PAYMENT ACCOUNT : refers to the electronic money and POS accounts opened at PARAM on behalf of the USER and used in the execution of the payment transaction.
PAYMENT TRANSACTION : refers to the activity of depositing, transferring or withdrawing FUNDs carried out on the instruction of the SENDER or the BUYER.
PAYMENT SERVICES : refers to the payment and ELECTRONIC MONEY services provided by PARAM under this Agreement based on the authorizations in the LAW.
PARAM SERVICES : Among those listed in the first paragraph of Article 12 of the LAW, it refers to the services provided by PARAM to the USER and its services related to the issuance of ELECTRONIC MONEY and the conversion of ELECTRONIC MONEY into FUND.
PARAM SYSTEM : It refers to the WEB pages, mobile applications offered by PARAM, which enable the realization of continuous PAYMENT SERVICES, opened to the use and access of USERS.
SYSTEM PARTNER : refers to banks or other financial institutions with which PARAM cooperates in the performance or processing of the PAYMENT SERVICES through the PARAM SYSTEM and to third parties involved in the completion of the PAYMENT SERVICES.
STATIC QR CODE : refers to a QR code whose content is fixed and can be used in multiple payment transactions.
COMMUNIQUÉ : refers to the Communiqué on Information Systems of Payment and Electronic Money Institutions and Data Sharing Services of Payment Service Providers in the Field of Payment Services.
REPRESENTATIVE : refers to natural/legal persons acting on behalf and account of PARAM for the realization of the services undertaken by PARAM.
TR QR CODE : refers to the QR code that is created according to the procedures and principles set out in the document titled "TR QR Code Principles and Rules" and that can be used in payments within the scope of Law No. 6493.,
REMOTE COMMUNICATION TOOL : refers to any means or medium that allows the formation of a contract without physical confrontation, such as letters, catalogs, telephone, fax, radio, television, electronic mail messages, internet, short message services.
REGULATION : refers to the Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers.
ARTICLE 3 - Subject of the Agreement
The subject of this Agreement is to determine the scope of PARAM SERVICES to be provided by PARAM to the USER and the rights and obligations of the Parties regarding these services. This Agreement is a framework agreement for all agreements regarding the PARAM SERVICES offered by PARAM.
ARTICLE 4 - Principles and Service Processes Regarding PARAM SERVICES
4.1. The USER shall be able to benefit from PARAM SERVICES through the PAYMENT ACCOUNT to be created at PARAM and/or the PAYMENT INTERMEDIARY to be allocated to it by completing the processes specified below.
4.2. The USER submits its account opening and/or PAYMENT INSTRUMENT request to PARAM via the PARAM SYSTEM. It is obligatory to submit the information and documents related to the service requested by the USER through the channels determined by PARAM. PARAM has the right to request information and documents during the account opening within the framework of the principle of knowing the customer and depending on whether the USER is a real or legal person, including but not limited to TR ID No., Name-Surname, Address Information, Tax No., Signatory Circular and information and documents required by security and LEGISLATION. PARAM reserves the right to request different information and documents from the USER and to determine their transmission channels according to the nature of the service provided and the provisions of the relevant LEGISLATION. The USER is responsible for any damages incurred by PARAM or third parties arising from the inaccuracy or outdated nature of this information.
4.3. PARAM reserves the right to refuse the USER's request to use PARAM SERVICES even if the USER submits all information and documents required during account opening to PARAM.
4.4. The provision of PARAM SERVICES, their scope, methods and the decision to continue to provide services with these methods, to add new methods or to remove some methods is at the sole discretion of PARAM.
4.5. PARAM reserves the right to set roof and floor transaction limits for the use of payments in PARAM SERVICES. The provisions of the LEGISLATION are reserved.
4.6. The USER may request that some or all of the ELECTRONIC MONEY it owns be converted into FUND. The right to determine the value date for the funds received with the payment instrument in the issuance of ELECTRONIC MONEY belongs to PARAM, and in case of a request to convert these amounts into FUNDs before the said value date, the USER agrees to pay the current fees and commissions by complying with the information on the link https://param.com.tr/Ucretler-ve-Limitler.aspx.
4.7. The payment service in the PARAM SERVICES offered by PARAM to the USERS is based on transactions in Turkish Lira, and payment transactions may be made in other currencies as long and to the extent permitted by the provisions of the relevant LEGISLATION. The exchange rate to be applied in relation to the PARAM SERVICES shall be calculated by taking into account the daily buying/selling rate of the Central Bank of the Republic of Turkey and the buying/selling rates valid in the free market and the USER agrees that changes in the exchange rate to be determined according to this method shall be effective immediately.
4.8. PARAM reserves the right to provide confirmation of the USERS' IDENTIFIERS that allow access to the PARAM SYSTEM and to determine the methods to access the PARAM SYSTEM to access this information.
4.9. The USER is obliged to provide BUYER's information, payment method, amount of the PAYMENT TRANSACTION, currency, transaction description and other information necessary for the execution of the submitted PAYMENT ORDER.
4.10. The USER consents to the transactions initiated through the PAYMENT SYSTEM regarding the initiation and completion of the PAYMENT TRANSACTION. The approval of the PAYMENT TRANSACTION may be given before or after the PAYMENT TRANSACTION, as shown in the PARAM SYSTEM. A PAYMENT TRANSACTION not approved in accordance with the agreed procedure shall be deemed not authorized.
4.11. The PAYMENT ORDER is irrevocable for the USER who has the title of SENDER once it has reached PARAM. USER accepts and undertakes;
- that where the PAYMENT TRANSACTION is initiated by or through the BUYER, once you have transmitted the PAYMENT ORDER to PARAM or given your consent for the execution of the PAYMENT TRANSACTION, the PAYMENT ORDER cannot be revoked unless the BUYER agrees otherwise,
- that if the USER withdraws the PAYMENT ORDER as stated above, PARAM will be charged at the rates and amounts announced on the WEB site (https://param.com.tr/Ucretler-ve-Limitler.aspx) of the USER and the said amount may be collected by deducting the transaction fee from the FUND subject to the PAYMENT ORDER withdrawn under the name of commission.
4.12. The moment when the PAYMENT ORDER reaches PARAM for the USER having the title of SENDER is the moment when the PAYMENT ORDER is received. In FAST transactions, the PAYMENT ORDER of the USER who is the SENDER is executed instantaneously within the framework of FAST System Rules, and if the PAYMENT ORDER reaches PARAM for the USER who has the title of SENDER outside the business day and above the FAST transaction limit, the PAYMENT ORDER is deemed to be received on the first business day following. In cases where the PAYMENT ORDER is an EFT transaction, the USER may deliver it to PARAM until 16:00 at the latest during the business day. After this time, if the PAYMENT ORDER received by PARAM reaches PARAM on the next business day, it shall be deemed as the moment of receipt of the PAYMENT ORDER.
4.13. The maximum time within which the PAYMENT TRANSACTION can be completed is until 16:30 on a business day. The maximum completion time may vary depending on the type of the PAYMENT TRANSACTION and the agreement with the SYSTEM PARTNER.
4.14. After each transaction performed within the framework of PARAM SERVICES, the transaction summary containing the following information regarding the transaction is made available to the USER by methods to be determined in accordance with the LEGISLATION;
a. BUYER information,
b. Amount and currency of the transaction,
c. Fee to be paid,
d. Information on the exchange rate and calculation method used in the PAYMENT TRANSACTION, if any
ARTICLE 5 - Rights and Obligations of the Parties
5.1. Rights and Obligations of PARAM:
a. PARAM has the right to stop the transaction if the PAYMENT TRANSACTION is contrary to the LEGISLATION, general rules regarding PAYMENT TRANSACTIONS, PARAM's company policies, or if there is a suspicion that it will be used in a contrary manner by PARAM, or if there is a doubt about the parties to the transaction and the authenticity of the transaction. Due to the funds used in the payment transaction, the gains within the framework of the campaign will also be evaluated within this scope.
b. PARAM shall have the right to close the PAYMENT INSTRUMENT for use in cases where there is a suspicion of illegal, improper, fraudulent or unauthorized use of the PAYMENT INSTRUMENT. PARAM shall be able to notify the USER that the USER account has been closed as a result of fraudulent or unauthorized use, except in risky situations.
c. PARAM reserves the right to temporarily suspend or limit the system for the proper functioning of the PARAM SYSTEM. PARAM shall not be liable for any failure to perform the PARAM SERVICES on time due to problems caused by the SYSTEM PARTNER, banks and infrastructure providers.
d. The USER shall pay fees and commissions to PARAM (https://param.com.tr/Ucretler-ve-Limitler.aspx) under the conditions specified in the link in return for the PARAM SERVICES provided under this Agreement. The said payment will start to be collected as soon as the USER starts to use the PARAM SERVICES. The scope of fees and commissions may be changed, expanded and updated unilaterally by PARAM.
e. The USER agrees that the current fees and commissions will be collected from itself in the periods specified in the link (https://param.com.tr/Ucretler-ve- Limits.aspx) unless it terminates the Agreement due to the change in question following the notification to be made regarding the situations involving the change of the Agreement, which must be notified in advance in accordance with the LEGISLATION, or as long as it uses the PARAM SERVICES.
f. The fees for the goods and services provided through the PARAM SERVICES provided under this Agreement and the conditions for the collection of these fees are determined by the BUYER, which is the provider of the relevant goods and / or services, and the USER accepts that PARAM does not have any authority or responsibility in this regard.
g. The transaction limits applicable to one-off transactions and the aggregate monthly transactions to be carried out under this Agreement shall be determined by PARAM and may be revised at any time. The current limits applicable to the PARAM SERVICES are available at PARAM Fees and Limits, and the limits applicable to USERs shall be implemented within the scope of the thresholds determined by PARAM in accordance with its risk policies. The USER acknowledges, represents and undertakes that it shall carry out transactions only within the limits determined by PARAM and shall not perform any transaction exceeding such limits.
h. The USER knows and accepts that the accounts that they do not load FUND for six months, do not spend, do not withdraw cash, do not make a transfer transaction or leave idle by not benefiting from the withdrawal, deposit and similar payment transaction services offered in accordance with the LAW No. 6493 and other LEGISLATION will be considered as inactive accounts.
i. The USER accepts, declares and undertakes that PARAM may make deductions from the existing FUND in the account under the name of unused account fee from the accounts that are not traded for more than six months. The unused account fee is available at the link (https://param.com.tr/Ucretler-ve-Limitler.aspx) and will not be deducted from USERS who do not have FUND in their account.
j. The expiration date of the electronic money is the date of expiration of one year following the last transaction (withdrawal, deposit, payment, etc.) made by the USER in the PAYMENT ACCOUNT. PARAM may charge a fee in proportion to the cost of this transaction, depending on whether the USER requests the reimbursement of the electronic money before the expiration of this Agreement or the expiration date of the electronic money or requests it more than one year after the expiration date.
k. PARAM will be able to make notifications to the USER within the scope of this Agreement through the contact information provided by the USER at the times specified in the Agreement. If the USER requests additional information to the notifications within the scope of the Agreement, if this request is accepted by PARAM, it can be fulfilled for a fee at the link https://param.com.tr/Ucretler-ve-Limitler.aspx. The USER will be able to access a copy of this Agreement from the PARAM WEB site https://param.com.tr/Sozlesme.aspx at any time.
l. PARAM reserves the right to unilaterally change and update the Agreement and its annexes. PARAM shall notify the USER 30 (Thirty) days prior to the entry into force of the relevant change, including the scope of the change, the effective date and the USER's right to terminate the Agreement. Within 30 (Thirty) days, if the USER does not make a notice of termination, the USER will be deemed to have accepted the relevant change. If a period shorter than 30 (thirty) days is given in the relevant LEGISLATION for any change required under the LEGISLATION, this issue will also be communicated to the USER; It will be specified in the notification and the period stipulated by the LEGISLATION will be applied instead of the period specified in this article.
m. PARAM is obliged to take the necessary measures for the interruptions that may occur due to extraordinary or unexpected circumstances in accordance with the provisions of the LEGISLATION and all other rules ordered by the LEGISLATION.
n. PARAM is obliged to process, transfer, preserve and destroy the personal data and special categories of personal data belonging to the real person USER, including SENSITIVE CUSTOMER DATA, in accordance with the Law No. 6698 on the Protection of Personal Data.
o. In cases where the PAYMENT ORDER is given by USERS having the title of SENDER in the works and transactions within the scope of this agreement, PARAM is responsible for the correct realization of the PAYMENT TRANSACTION with the amount of the PAYMENT TRANSACTION against the USERS having the title of SENDER.
p. Within the scope of the Agreement, PARAM is responsible for the amount of the PAYMENT TRANSACTION for transferring the amounts transmitted to it by the USER correctly and in accordance with the first paragraph of Article 52 of the REGULATION to BUYER or BUYER's PAYMENT SERVICE Provider within the periods specified under the contract concluded with the relevant party. If PARAM fails to fulfill this responsibility, it shall return the unrealized or incorrectly realized part of the PAYMENT TRANSACTION to the USER without delay. The USER accepts, declares and undertakes that PARAM does not have any responsibility in case the payment is not realized or realized incorrectly due to reasons not caused by the fault of PARAM. In the event that the PAYMENT TRANSACTION is not performed at all or as required, the USER is free to use one of the rights to re-see the service, to eliminate the defect arising as a result of the service or to return from the Contract.
q. PARAM has no responsibility for any breaches or attacks (hacking, phishing, etc.) against the systems of the SYSTEM PARTNERS or USERS. For this reason, PARAM may prevent the PARAM SYSTEM from being accessible on devices that it finds risky in its controls.
r. If PARAM refuses to fulfill a PAYMENT ORDER, it shall notify the USER of the reason for the refusal and how the errors, if any, causing the refusal can be corrected as soon as possible according to the pre-agreed method and in any case by the end of the business day following the receipt of the PAYMENT ORDER at the latest.
s. In the event that the USER, who is a BUSINESS, requests an CHARGEBACK to the PAYMENT ACCOUNTS of the USER within PARAM, PARAM shall have the right to block each of the said accounts individually and to deduct the amount deducted by the SYSTEM PARTNER from the PAYMENT ACCOUNT of the USER. The amount to be determined and notified by PARAM for each CHARGEBACK request from the transactions realized using the PARAM SYSTEM shall be invoiced by PARAM and collected from the USER's account without any notice. If there is no balance in the PAYMENT ACCOUNT, the USER is obliged to pay the relevant amount to PARAM.
t. In cases where the USER is required to withdraw funds from the PAYMENT ACCOUNT due to any violation, including but not limited to unfair, non-contractual use of the PAYMENT ACCOUNT and CHARGEBACK; In case there are not enough funds in the PAYMENT ACCOUNT, PARAM accepts and declares that the USER knows that the USER has the right to deduct this amount from all accounts, wallets, all cards linked to these accounts and all receivables arising before PARAM.
u. PARAM is obliged to ensure that a QR code is created in accordance with the LEGISLATION in relation to the payment services to be realized using the TR QR Code and to take the necessary measures for the secure and trouble-free realization of payments to be made with the TR QR Code. The USER in the position of the WORKPLACE shall take the necessary care to take the necessary measures in order to protect the physical security and readability of the QR Code in payment transactions to be made using the static QR Code and the WORKPLACE is obliged to take the measures notified by PARAM
5.2. USER's Rights and Obligations:
a. USER agrees provision of PARAM's services within the scope of the LEGISLATION, determination of the existence of risk, determination of the risk level, sustainability of the service received, full and complete fulfillment of the obligation in the LEGISLATION, sharing the personal data of the USER defined within the scope of the Law No. 6698 on the Protection of Personal Data for the purpose of promotion and marketing of PARAM SERVICES with PARAM as long as the legal relationship continues and in any case until the legitimate reasons for legal processing are eliminated, by PARAM and/or companies in which PARAM directly or indirectly participates or group companies in which PARAM's dominant partner directly or indirectly participates, processing of this information by PARAM and/or companies in which PARAM is directly or indirectly affiliated or group companies in which PARAM's controlling shareholder is directly or indirectly affiliated, in addition, within the aforementioned periods and purposes, the personal data listed in this article are mutually shared with the Workplace / Payment Service Providers and Organizations / Business Partners / / REPRESENTATIVES / External Service Providers / relevant Financial Institutions / Banks to which the USER provides goods and services and to be processed by these parties for the same purposes
b. USER has the rights based on the Personal Data Protection Law No. 6698 ("PDPL"), to learn whether personal data about him/her has been processed by applying to PARAM, to request information if personal data has been processed, to learn the purpose of processing personal data and whether they are used in accordance with their purpose, to learn the third parties to whom personal data is transferred domestically or abroad, to request correction of personal data in case of incomplete or incorrect processing, to request the deletion or destruction of personal data within the framework of the conditions stipulated in the relevant legislation, to request that the correction, deletion and destruction transactions made in accordance with the relevant legislation be notified to third parties to whom personal data are transferred, to object to the emergence of a result against the USER itself by analyzing the processed data exclusively through automated systems, to demand the compensation of the damage in case of damage due to processing in violation of the Personal Data Protection Law No. 6698. The aforementioned rights may be exercised in the event of an application made by sending the request in writing to the KEP address [email protected] or to the address in this contract with notary / return receipt together with the information that allows the verification of the identity of the person concerned within the scope of PDPL.
c. In accordance with the requests in Article 5.2.(b), PARAM may transmit its reasoned positive/negative response in written or digital media. If the transactions related to such requests require a cost, it is possible for PARAM to charge the USER a fee over the tariff determined according to Article 13 of the Personal Data Protection Law No. 6698.
d. The USER accepts that it acts on its own behalf and on its own account, that it will notify PARAM in writing in accordance with Law No. 5549 if it acts on someone else's account, and that it will notify PARAM in writing if its identity, contact and other information subject to identification changes, and that PARAM may request identification / information provision based on the USER's notification under this article. Otherwise, the USER accepts and declares that PARAM will not have any legal / criminal liability, including unauthorized, erroneous transactions, unfair, unlawful use of third parties, fraud, etc., including unauthorized, erroneous transactions, unfair, unlawful use of third parties, fraud, etc., and that it has the right to terminate this Agreement unilaterally and that PARAM will notify the competent authorities.
e. The USER shall in no way allow third parties to access both the PAYMENT ACCOUNT to be created at PARAM and the PAYMENT INTERMEDIARY and SENSITIVE CUSTOMER DATA to which the PAYMENT ACCOUNT is related, and shall be personally responsible for ensuring their security. The USER also agrees that he/she shall not disclose or make available to third parties any information related to the PAYMENT INSTRUMENT and SENSITIVE CUSTOMER DATA, including but not limited to information such as the USER name and password related to the PAYMENT ACCOUNT, and that it shall not use this information for any purpose other than the purpose for which it was provided to it. The USER accepts, declares and undertakes that PARAM shall not be liable for any damages that may arise due to the use of the PAYMENT INTERMEDIARY and/or SENSITIVE CUSTOMER DATA by unauthorized persons or the use of the said data for purposes other than the purpose. In the event that the PAYMENT INSTRUMENT is lost, stolen or a transaction that has taken place against the USER's will is learned, the USER is obliged to immediately notify PARAM via the call center or to the REPRESENTATIVE if the transaction was carried out through the REPRESENTATIVE. The list of REPRESENTATIVES authorized by our organization is notified to USERS on this page (https://param.com.tr/temsilcilikler).
f. The USER may request the correction of the transaction by notifying PARAM without delay as soon as he/she learns about the PAYMENT TRANSACTION that it is not authorized or performed incorrectly. The request for rectification shall in any case be made within 13 (thirteen) months after the execution of the PAYMENT TRANSACTION. If PARAM has not provided the USERS with all the information specified in the REGULATION regarding the PAYMENT TRANSACTION, the USERS may request correction at any time regardless of this period.
g. Notifications are made in writing or by means of a REMOTE COMMUNICATION TOOL and the records regarding the notifications are kept by PARAM. In the event that the USER claims that the USER did not authorize a realized PAYMENT TRANSACTION or that the transaction did not take place correctly, the burden of proof that this transaction was approved by the USER, recorded correctly and processed in the accounts belongs to PARAM. In the event that it is proven that the PAYMENT TRANSACTION was carried out without authorization or incorrectly by the USER, in cases where the payment service provider of the USER having the title of SENDER is PARAM, PARAM is obliged to immediately return the amount related to this PAYMENT TRANSACTION to the SENDER or to bring the debited PAYMENT ACCOUNT to its previous balance.
h. The USER accepts, declares and undertakes that the information and documents provided from him/her within the scope of this contract to be established in a way that will allow the verification of the USER with the REMOTE COMMUNICATION TOOL must be readable and verifiable, that PARAM has the right to refuse by evaluating the relevant information and documents in accordance with the risk-based approach and that it has the right and authority to refuse the establishment of this contract in case of detection of any risk, including but not limited to.
i. In the event that the PAYMENT INSTRUMENT is used by others due to the use of a lost or stolen PAYMENT INSTRUMENT or failure to properly maintain personal security information, the USER is responsible for up to TRY 150 of the damage arising from payment transactions that he/she has not authorized. The USER shall not be responsible for the PAYMENT TRANSACTIONS that he/she has not authorized after his/her notification. However, the USER shall be liable for the entire loss arising from the unauthorized transaction if the USER uses the PAYMENT INSTRUMENT fraudulently and does not fulfill its obligations intentionally or with gross negligence.
j. The USER having the title of SENDER shall not be held responsible for any unauthorized PAYMENT TRANSACTIONS that take place after the receipt by PARAM of its immediate and proper notification to PARAM due to the loss or theft of the PAYMENT INSTRUMENT or any transaction that took place against its will.
k. The USER with the title of SENDER shall be liable for all damages arising from the unauthorized PAYMENT TRANSACTION in case of fraudulent use of the PAYMENT INSTRUMENT or willful or grossly negligent failure to fulfill the obligations set forth in the relevant article of this Agreement regulating the rights and obligations of the PAYMENT INSTRUMENT.
l. In the case of PAYMENT TRANSACTIONS in which the PAYMENT ORDER is issued by or through BUYER, SENDER's PAYMENT SERVICE provider shall be responsible for the correct execution of the PAYMENT TRANSACTION if BUYER proves that the PAYMENT SERVICE provider has correctly sent the PAYMENT ORDER to SENDER's PAYMENT SERVICE provider. SENDER's PAYMENT SERVICE provider shall return the unexecuted or incorrectly executed part of the PAYMENT TRANSACTION to SENDER without delay. In the event of a non-executed or incorrectly executed PAYMENT TRANSACTION for which the PAYMENT ORDER was issued by or through BUYER, BUYER's PAYMENT SERVICE provider shall, upon request, determine the reasons for the non-executed or incorrectly executed PAYMENT TRANSACTION and notify BUYER of the outcome, regardless of whether BUYER is responsible for the non-execution or incorrect execution of the PAYMENT TRANSACTION.
m. The USER may, within 2 (two) months from the date of execution of the relevant PAYMENT TRANSACTION, request reimbursement up to the amount of the PAYMENT TRANSACTION, provided that the relevant goods or services have not been consumed, if the amount of the PAYMENT TRANSACTION is not fully specified during the authorization in the PAYMENT TRANSACTION authorized by BUYER or initiated through BUYER and the amount of the actual PAYMENT TRANSACTION exceeds the amount stipulated taking into account the expenditure history, contract terms and other relevant issues. PARAM has the right to request the USER to provide factual evidence for its claim. However, in cases where the approval for the PAYMENT TRANSACTION is given directly to the USER or the USER is notified at least 1 (one) month before the date the payment must be made, the USER cannot request any refund for the relevant PAYMENT TRANSACTION. In cases where reimbursement can be requested in accordance with this article, PARAM will make the payment within 10 (ten) Business Days or notify the rejection decision together with the reasons, indicating the legal remedies that the USER may apply.
n. The channels through which PARAM SERVICES may be used and the goods and services that may be provided by using PARAM SERVICES are exclusively determined by PARAM in accordance with the LEGISLATION. PARAM may change these channels, goods and/or services at any time without any notification obligation. The USER agrees that he/she shall not have any right of claim from PARAM in this context.
o. The USER accepts, declares and undertakes not to use the services provided under this Agreement for purposes contrary to the laws and morals and for the provision of products or services contrary to the laws or morals. In the event that the USER violates this Agreement, especially this article, PARAM may suspend the services provided under the Agreement and the Agreement until the violation is eliminated.
ARTICLE 6-Intellectual Property
With this agreement, PARAM does not provide the USER with the right to transfer or license any intellectual property right. The subject, element, use of any kind of intellectual property right belonging to PARAM and/or in the use of the USER shall only be possible and limited to this if there is a written and explicit agreement within this scope.
ARTICLE 7- Force Majeure
In the event of the occurrence of reasons considered as Force Majeure, which do not exist at the time the Contract is made between the Parties, but which occur later and suddenly, which cannot be predicted in advance, which cannot be attributed to the Parties, which cannot be prevented, which makes it impossible to perform the obligation in accordance with this Contract or where demanding performance would constitute a clear violation of the objective good faith rule, the Party subject to force majeure shall notify the other Party in writing as soon as possible together with the documents certifying the force majeure. The contract shall remain suspended during the period of force majeure.
In the event that the Force Majeure continues for more than 1 (one) month, each party shall have the right to terminate the contract. In the event of such termination, none of the parties shall claim any damages incurred or to be incurred for whatever reason.
ARTICLE 8- Duration of the Agreement
The Agreement shall enter into force on the date of signature and shall remain in force unless terminated as provided in the Agreement.
ARTICLE 9- Termination of the Agreement
This Agreement shall continue unless either party notifies its intention to terminate in writing. In the event that the USER fails to fulfill any obligation arising from this Agreement on time or in case of any breach of the Agreement, PARAM may close the PAYMENT TOOL for use, terminate the Agreement and demand the full payment of the debt together with its accessories and the return of the PAYMENT INSTRUMENT. USERS are obliged to return the PAYMENT TOOL to PARAM by not using it after the notification to be made by PARAM. USERS may terminate the Agreement at any time by notifying PARAM in writing 30 (thirty) days in advance and at the same time returning the PAYMENT INSTRUMENT and paying the entire debt together with its accessories. PARAM reserves the right to terminate this Agreement for its USERS by giving at least 30 (thirty) days prior notice. Following the termination of this Agreement, PARAM's receivables from the USER shall be collected by consent, and if this is not possible, by legal means.
“In the event that the USER breaches its obligations arising from this Agreement or from the applicable legislation, acts in violation of the applicable legislation, or acts contrary to PARAM’s risk policies, PARAM shall have the right to terminate this Agreement immediately and unilaterally, at its sole and absolute discretion. The USER irrevocably and unconditionally acknowledges, represents and undertakes that, in the event of termination of the Agreement within this scope, it shall not assert any claim, right or compensation demand against PARAM.
ARTICLE 10- Competent Court and Resolution of Disputes
10.1. The USER, in case of a dispute arising within the scope of the services provided by PARAM under this contract, which are of an individual nature and therefore do not fall within the scope of commercial activity, provided that the USER first makes a written application to PARAM, if this application is not responded within 20 days from the date of application, from the end of the 20-day period, if the application is not responded within 20 days from the date of application, or within 60 days from the date of response if the application is responded negatively or the response is not sufficient, the USER may apply to the Individual Customer Arbitration Committee of the Association of Payment and Electronic Money Institutions of Turkey ("TÖDEB") by filling out the application form at the https://todeb.org.tr/hakemheyetibasvuruformu/ link. Detailed information on the subject can be obtained from the brochure available at https://todeb.org.tr/source/hakem-heyeti/EK-3-Hakem-Heyeti-Brosur.pdf.
10.2. The parties declare, accept and undertake that Ankara Courts and Enforcement Directorates are authorized in case of dispute.
