iyzico Ancillary Services Agreement

1.Introduction

This iyzico Ancillary Services Agreement ("Agreement") includes the terms and conditions regarding the services provided by iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. ("iyzico") in addition to payment services. In order for the User to benefit from the payment services offered by iyzico, it is not sufficient for the User to have approved this Agreement; the User must also approve the "Framework Agreement" which is the main agreement of this Agreement.
In addition, Users accept, declare and undertake that in order to use the Ancillary Services offered by iyzico, they may be required to approve this agreement or the relevant agreements prepared specifically for these services and to verify the User Information / Information transmitted to iyzico, otherwise they may be prohibited from benefiting from these services.

2.Parties

This agreement is concluded between iyzico, located at İnci Çıkmazı Street No: 3/10 Altunizade, Üsküdar/İstanbul and the User (defined below), and has entered into force with the electronic confirmation that the person who will be the User declares that he/she understands and accepts this agreement.

3. Definitions

Subscription Service: The application that enables the User to make regular payments to the Client selling a continuous product or service

Checkout Page: The page developed by iyzico, where the Client/User enters the identification, delivery, invoice address and payment information and displays and approves this

Framework Agreement: The Framework E-Money Issuance and Payment Service Agreement concluded with the User, which is the main agreement of this agreement
iyzico: iyzi Ödeme ve Elektronik Para Hizmetleri Anonim Şirketi, whose information is specified in Article 2 of this Agreement and which is the provider of the services specified in this Agreement

iyzico Card Storage: A secure service developed by iyzico that enables users to store their credit and debit cards and make easy and fast payments in subsequent transactions without giving their card information again.
Card: Credit card / debit card / prepaid card issued by the User Payment Service Provider to the User and open to iyzico Card Storage application

Card Information: The sixteen-digit number on the front of the Card and the expiration date of the Card
Protection Account: Accounts opened in the name of iyzico at a bank within the scope of Law No. 5411 and used for the protection of the Funds subject to the payment transaction

User: A natural or legal person who is one of the parties to this Agreement and who benefits from the ancillary services offered by iyzico as an option while paying for the product and/or service offered for sale by the Client on the Channel through iyzico

Protected Shopping (Buyer Protection): Protection program for product prices provided by iyzico to the User and the Client for a certain period of time covering limited products

Protected Wire Transfer/EFT: Payment of the price of the product or service that the User wishes to purchase on a Channel by making a wire transfer or EFT from his/her bank account through iyzico within the scope of Protected Shopping conditions

User Information: Name / surname, TR ID number, e-mail address, shipping address and invoice address of User declared to iyzico by User

User Payment Service Provider: The payment service provider (PSP) issuing the Card to be used by the User for the payment transactions to be performed under this Agreement

Channel: All online environments used by the Client to sell products and/or services and by the User to purchase goods or services

Client : The natural or legal person who sells products and/or services through the Channel, to whom the funds subject to the Payment Transaction are intended to reach

Payment Instrument:The card, smartphone with internet connection feature, password and similar personalized tool used by the user to issue the Payment Order. Smartphones must have Android 7 and above; IOS 13 and above systems and Computer Browsers must have a minimum of 90+ for Chrome, 12+ for Safari, 100+ for Firefox, 100+ for Edge or 90+ for Opera

Payment Transaction: A series of operations carried out between the System Partner and the User through the Platform in order to make payment for the products or services offered for sale on the Channel

Platform: A virtual platform consisting of a virtual payment and authentication gateway software developed by iyzico.

System Partner: A technological solution partner, bank or financial institution that cooperates in the processing of payments through the Platform.

Agreement: iyzico Ancillary Services Agreement concluded between the User and iyzico

Delivery Date: The date on which the product purchased by the User from the Website or Channel is received by any method.

International Card Institution: International institutions responsible for establishing a set of rules, practices, guidelines and standards that enable the execution of card payment transactions, including the management and decision-making bodies and organizational structure responsible for the execution of this operation, independent of the infrastructure and payment system supporting the functioning of a card system institution. ((VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER VB.)

Authorized Personnel: The personnel authorized by iyzico to support and communicate with the User regarding ancillary services upon the User's request

4. Term

This Agreement shall enter into force after the User enters the necessary identity information into the relevant forms on the Checkout Page and gives the necessary electronic consent and shall remain in force unless terminated as specified in this Agreement.

5. Scope

iyzico mediates the payment transaction during the purchase of the product and/or service offered for sale by the Client on the Platform. Therefore, iyzico is not the owner or seller of the products and/or services offered for sale on the Channel.

iyzico does not make any representations, warranties or undertakings regarding the accuracy, quality, safety of the content provided by the Client as well as the products and services offered for sale, or regarding the fact that whether such products and/or services are legal or not.

Therefore, iyzico has no responsibility, liability and indemnification obligation in the aforementioned matters.

Payment Transactions related to the following purchase-sales transactions are not within the scope of Protected Shopping:

a) Goods or services whose price fluctuates due to fluctuations in financial markets and which are not under the Receiver's control. Example: Stocks, precious metals, crypto assets
b) Products tailor-made or designed upon order in line with the User's requests or personal needs: Example: Personalized designed or embroidered products
c) Products that are perishable or may expire.
d) Products whose protective elements such as packaging, tape, seal, package have been opened after delivery; products whose return is not suitable in terms of health and hygiene. Example: Underwear, cosmetics, etc.
e) Products that are mixed with other products after delivery and cannot be separated due to their nature
f) Periodical publications such as newspapers and magazines, except those provided under a subscription agreement
g) Services provided for accommodation, transportation, car rental, food and beverage supply and entertainment, vacation, package tour or recreation that must be performed on a specific date or period
h) Services performed immediately electronically or intangible products delivered immediately to the User. Examples: software, in-game products, e-books.
i) Services provided with the consent of the User before the end of the appeal process
j) Services related to real estate and vehicle sales
k) Gift card
l) Payments between two merchants (purchases not for personal use)
m) All kinds of service procurement payments
n) Money transfer transactions (individual or between business enterprises) that do not constitute the purchase of any product
o) Sales (made face-to-face by the receiver and seller) which are not in the scope of the Distance Contracts Regulation
p) Books, digital content and computer consumables, if any protective elements such as packaging, tape, seal, package are opened after delivery of the product
q) Second-hand or antique products

6. Ancillary Services

Ancillary services provided by iyzico are as follows in brief;

a.Payment Service

Payment service is the service of performing the Payment Transaction with the use of the Payment Instrument after the completion of the order of the products and/or services offered for sale on the Channel by the Client, who is the "Buyer" within the scope of the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions ("Law"), by the User, who is the "Sender".

If the payment amount is not transmitted to iyzico by the System Partner despite the execution of the Payment Transaction by the User, the Payment Transaction shall be deemed as "failed".

In case iyzico receives information or there is a suspicion from the System Partner that any Payment Transaction has been made without the cardholder's knowledge or consent, iyzico may cancel the relevant Payment Transaction, block the amount paid or refund the amount paid.

For payment transactions under this Agreement, iyzico is the payment service provider of the Client, i.e. the Receiver within the scope of the Law. In order for the User to receive payment services from iyzico as a sender, the User must also approve the Framework Agreement. For payment transactions under this Agreement, iyzico is the payment service provider of the Client, i.e. the Receiver within the scope of the Law. In order for the User to receive payment services from iyzico as a sender, the User must also approve the Framework Agreement.

b. Protected Shopping - Protected Wire Transfer/EFT

In the event that the User pays the Client by bank account or other Payment Instrument using Protected Wire Transfer/EFT within the scope of Protected Shopping, the following conditions shall apply:

i. The User pays the product price with the Payment Instrument after placing the order for the product offered for sale by the Client. The payment amount is transferred to the Protection Account by iyzico and the User and the Client are notified via e-mail or SMS that the product price has been deposited into this account.

ii. The Client sends the product to the User's address specified by the User in accordance with the cargo delivery time committed during the product listing after the User makes payment and provides the User with the shipping information.

iii. If the Client does not provide the delivery of the product to the Client / User within the period committed, within 30 (days) from the date of order or within 3 (three) days from the date of delivery with the claim that the product sent by the User does not meet the specified qualifications or with a request in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, the User submits his/her complaint and the information and documents related to the complaint, if any, to iyzico via the support link/page linked in the Protected Shopping e-mail sent to him/her by iyzico.

iv. Upon receipt of the complaint, iyzico shall continue to hold the amount equal to the payment amount of the Payment Transaction subject to the complaint in the Protection Account and shall contact the Client about this complaint as soon as possible. If the Client accepts the complaint or does not make any statement or submit any document regarding this complaint within 3 (three) business days, the User is asked to send the product subject to purchase- sale back to the Client and share the shipping information with iyzico. In case the product is delivered to the Client and the Client notifies within 3 (three) business days that the product is suitable for return or does not make any declaration despite the delivery of the product within this 3 (three) business day period, the payment amount held in the protection account shall be returned to the User. Even if the User's complaint or demand complies with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, iyzico may decide to transfer the product price to the Client with its unilateral decision and to direct the User to the necessary authorities to exercise his/her rights under the Law No. 6502 on Consumer Protection. In such cases, the User accepts, declares and undertakes that he/she knows and understands that iyzico does not guarantee any rights to him/her with Protected Shopping and that he/she shall not claim compensation for damages and/or losses under any name from iyzico for this reason. If the subject of the complaint is the non-delivery of the purchased product, the Client must provide a valid cargo information or document within 3 (three) business days after the complaint is submitted to him/her. Otherwise, at the end of this period, the payment amount may be returned to the User.

v. If the Client does not accept the User's complaint, the Client may submit the cargo delivery report, contract, invoice or other relevant documents to iyzico proving that the complaint is not justified. Upon receipt of the documents, iyzico makes a final decision within 7 (seven) business days to reject or accept the complaint in question. If the User's complaint is accepted by iyzico regarding the product subject to the purchase-sale transaction, the User is asked to send the product back to the Client and share the shipping information with iyzico. If the product is delivered to the Client as specified in paragraph 6.b.iv of this Agreement, the payment amount shall be returned to the User. If the Client has an objection regarding the product returned by the User, the Client may submit the documents proving that the returned product is not suitable for return to iyzico within 3 (three) business days. Upon receipt of the documents, iyzico shall make a final decision within 7 (seven) business days to reject or accept the complaint in question.

vi. In case of a dispute between the User and the Client, iyzico is entitled to keep the product price in the protection account until the parties reach a settlement or until a court/arbitral tribunal decision is taken.

vii. In the event of a request from the competent authorities in accordance with the legislation in force, iyzico shall transmit the User Information in its possession and the usage and transaction information of the User within the scope of Protected Shopping to the relevant authorities.

c. Card Storage

In case the User requests to store his/her Card with iyzico while making payment to the Client and to use this stored card while making payment to other Clients, the following conditions shall apply:

i. In order to complete the necessary transactions within the scope of Card Storage service, the User should make a successful purchase in the Channel and provide the additional information requested correctly.

ii. It may not be possible to use Card Storage and complete a certain transaction due to the User's PSP not giving consent to a transaction, the User not entering the single-use password sent by the User PSP correctly and on time, and similar reasons. iyzico shall not be liable for any information and transaction deficiencies in these processes and failure to complete the payment.

iii. iyzico may store and process User Information, Card Information, User's iyzico Card Storage usage and transaction information for the periods required for the fulfillment of these activities in order to fulfill its obligations specified in this Agreement, statistical evaluations, regulatory obligations and operation of iyzico Card Storage and transmit them to 3rd parties under the conditions specified in this Agreement.

iv. The User shall enter the Card Information related to the Card into iyzico systems within the scope of Card Storage, and iyzico shall not store any numbers, emblems and similar information other than Card Information related to the User's Card on its systems within the scope of Card Storage service.

v. Upon the User's fulfillment of the conditions in this article, the Card Storage service shall be available for all Clients involved. In order to benefit from the Card Storage service, the User creates a membership with e-mail address, password information or other requested identifiers at the relevant Channels. The User can benefit from the Card Storage application by logging in to the Channel with this membership information and then completing iyzico's identification step. The security and confidentiality of this information is under the responsibility of the User and the User accepts, declares and undertakes that he/she shall not share his/her e-mail address, password or other identifying information with third parties. The User accepts, declares and undertakes that the transactions carried out with the identifiers belonging to him/her are carried out by him/her, that the liability arising from these transactions belongs to him/her; that he/she shall not assert any defence and/or objection that he/she did not carry out the transactions and transactions carried out in this way and/or shall not refrain from fulfilling his/her obligations based on this defence or objection and that iyzico is under no obligation in this regard.
vi. The User accepts, declares and undertakes that in case of loss or theft of his/her Card registered by using iyzico Card Storage Service, he/she shall be solely responsible for contacting the User's PSP immediately and ensuring that the stolen Card is closed and shall hold iyzico harmless from all damages and claims in this regard. iyzico shall not be held responsible in any way for the execution of payment transactions with the stolen/lost Card stored with iyzico in case of failure to fulfill the specified obligation.
vii. iyzico may anonymize the information regarding the transactions performed using Card Storage and store, process and transmit it to its business partners for the period required for the realization of these purposes in order to use it in statistical evaluations, performance evaluations, marketing campaigns of iyzico and its business partners, annual reports and similar reports.

viii. iyzico may communicate with the User and send messages to the User through the User's contact information declared by the User during the process of becoming a User in order to fulfill its obligations specified in this Agreement.

ix. In the event of a request from the competent authorities in accordance with the legislation in force, iyzico shall transmit the User Information, Card Information, usage and transaction information of the User in iyzico Card Storage to the relevant authorities.

d. Subscription Service

In case the User purchases products or services from the Client on a continuous basis, the Card Information shall be stored by iyzico within the scope of iyzico Card Storage as detailed above and upon the request and application of the User, and the payment shall be made to the Client in question at the time and frequency chosen by the User. The User may, at any time, submit a written request to iyzico to cancel the Subscription Service. However, iyzico shall not be held liable in the event that the User cannot cancel the Subscription Service due to issues such as the product or service purchased by the User having a certain commitment period due to special conditions determined between the User and the Client, and the User shall not claim any damages and compensation from iyzico by claiming that he/she has suffered damages in this context.

7. Terms of Use

During the use of iyzico ancillary services and in particular Protected Shopping and Protected Wire Transfer/EFT by the User, the following matters shall be deemed as an explicit breach of the Agreement and in such cases, the User shall not be able to benefit from iyzico services:

i. Violation of legislation, breach of the rights of third parties and/or of Framework Agreement or its annexes.
ii. Violation of intellectual and/or industrial property rights of third parties, such as copyright, trademark,
iii. Not having the legal capacity (such as being under 18 years of age) or using iyzico services although you are prohibited from membership,
iv. asserting claims/demands within the scope of Protected Shopping regarding a Payment Transaction with deceptive, misleading, false information and documents,
v. Transfer of User account or name without iyzico's written consent,
vi. Spamming, unsolicited or bulk electronic communications or sending chain e-mails,
vii. distribution or dissemination of viruses or technologies that may harm iyzico or its users
viii. Damaging iyzico infrastructure or system, including behaviors aimed at disrupting user profile evaluation and similar systems,
ix. Accessing iyzico through robot or automatic login methods for any purpose,
x. Collecting and storing e-mail or other information of users without the prior written consent of the users,
xi. Reselling, sharing, distributing, reproducing, making derivative and/or processed works of any intellectual and/or industrial property belonging to iyzico (including but not limited to design, trademark, logo, text, image, html code and other codes).
xii. Using the Platform for any kind of transaction that does not constitute the sale of products and/or services, which shall only provide money transfer, and
xiii. Engaging in behaviors that shall manipulate the functioning of the Platform.

The User acknowledges that iyzico is not an arbitration authority while benefiting from the Protected Shopping service, that Protected Shopping is only valid for the scope regulated in Article 5, that the complaint submitted within the scope of Protected Shopping does not constitute a expenditure objection/chargeback, and that the complaint may be rejected by iyzico's unilateral decision, the User acknowledges, declares and undertakes that he/she knows that iyzico does not provide any guarantee or commitment regarding the resolution of any complaint or refund and that he/she shall not claim any compensation or indemnification from iyzico, its managers or employees in case his/her request is rejected or refund is not realized for any reason whatsoever.

By becoming a party to this Agreement, the User accepts that iyzico is aware that iyzico may monitor and process the personal data and the Payment Transactions between the Client and the Client and their content and may keep and store the records related to this content for at least ten (10) years in accordance with the legal legislation, may transfer them to third party service providers at home and abroad in return for a contract and may share them to the relevant parties when necessary within the scope of the legislation.
The User accepts, declares and undertakes that User Information and Card Information provided to iyzico at the time of payment after purchasing a product within the scope of Protected Shopping from a Client within the scope of the Protected Shopping program are stored by iyzico in order to provide payment services and other related services, that he/she consents to the processing and sharing with the Clients who are members of the Protected Shopping program and that he/she has been informed by iyzico in this regard.

8. Intellectual Property

All content created by iyzico on the website, including but not limited to the design of the Platform, Checkout Page, image, html code and iyzico logo and brand exclusively belong to iyzico. Users may not use, share, distribute, exhibit, reproduce, make derivative and processed works of iyzico's works subject to intellectual property rights.

9. Rights of iyzico

The User accepts, declares and undertakes that iyzico shall not be liable for any legal proceedings, investigations, prosecutions, judicial, administrative proceedings or lawsuits to be directed to iyzico due to iyzico's field of activity and the independence of the process from iyzico in relation to the products and/or services offered for sale by the Client on the Channel.

iyzico is entitled to suspend the use of the Platform within the scope of the Client's Channel under any circumstances, at any time and without any notice or warning in accordance with its unilateral decision.

iyzico may ban the User from all iyzico services under any circumstances, at any time and without any notice and warning in case of violation of legislation, regulation, International Card Associations rules and iyzico policies or in case of matching in national and international sanctions lists or in case of a strong suspicion of the existence of such circumstances. In such a case, iyzico may share the personal data of the User with legal authorities.
The User accepts, declares and undertakes that iyzico may transfer the product price to the Client's account if the User does not submit any complaint notification within 3 (three) days from the Delivery Date within the scope of Protected Shopping.

10. Termination

Either party may unilaterally terminate this Agreement and its annexes without stating a reason and without compensation, provided that the other party is notified in writing 1 (one) month in advance. In the event of such termination, the parties shall mutually fulfill their rights and obligations that have arisen until the date of termination.

iyzico may immediately terminate the Agreement unilaterally in case the Client/User breaches this Agreement and its annexes. In this case, the Client/User accepts that iyzico shall be liable for all damages and losses incurred/may incur. In addition, the Client/User accepts, declares and undertakes that iyzico has compensation right as a result of this breach.

11. General Provisions

a) Exceptional events, including war, martial law, mobilization, acts of terrorism, pandemic, epidemic, natural disasters, fire, strike and lockout, in which the Parties are unable to fulfill their obligations due to reasons beyond their will, which they are unable to intervene and which cannot be reasonably foreseen in advance, shall be considered force majeure. When force majeure is eliminated, the Agreement shall continue to be effective. If the force majeure event lasts longer than 1 (one) month, the Party whose rights are violated may terminate this Agreement without compensation.
b) Except for the transfers to be made by iyzico to its group companies, the Parties shall not transfer their rights and obligations arising from this Agreement to any person/party.

c) All notifications to be made by iyzico to the User shall be made electronically to the e-mail address notified in writing by the Client/User or to the physical address notified in writing by the Client/User. If the User does not notify iyzico in writing of any e-mail or address change within 7 (seven) days following the date of change, the notification to be made by iyzico to the current e-mail address or physical address shall be deemed to be valid.
d) The User determines his/her preferences on Checkout Page or www.iyzico.com regarding whether or not to be informed about the announcements and campaigns to be made by iyzico via telephone, iyzico mobile application and website, call centers, automatic dialing machines, e-mail, SMS, etc. and communication activities regarding surveys about iyzico.

e) By accepting this Agreement, the Client/User accepts, declares and undertakes that iyzico may use, process and transfer other data, including but not limited to the Client/User's personal data, to third parties in accordance with the regulations in the Privacy Policy.

f) iyzico may amend this agreement at any time by publishing it on www.iyzico.com. iyzico may amend the policies and rules on the website www.iyzico.com at any time. These amendments shall be effective as of the date they are published on iyzico website.

g) Turkish Law shall apply to the settlement of legal disputes arising from the application and interpretation of this Agreement. Istanbul Courts and Enforcement Directorates shall be competent to resolve all disputes that may arise between the parties due to the interpretation or application of the provisions of this Agreement.

h) In case of any dispute regarding the transactions under this Agreement and the Service, the electronic and system records, commercial records, ledger records and computer records kept by iyzico in its own database, servers, together with the messages sent by the User in writing or by telephone where the conversations are recorded, from the fax number, e-mail address, KEP (Registered Electronic Mail) address and GSM number that the User has specified as the contact address, shall constitute evidence, and the Parties agree that this article constitutes an evidence contract within the scope of Article 193 of the Code of Civil Procedure.

i) If any provision of this Agreement is held by a court or other competent authority to be invalid or unenforceable in whole or in part, this shall not affect the validity of the other provisions of the Agreement and the remaining of the provision in question.

j) iyzico's failure to exercise or late exercise of any of its rights under this Agreement shall not constitute a waiver of such right.