User Agreements
PAPEL WALLET APPLICATION TERMS OF USE AND PAYMENT SERVICES FRAMEWORK AGREEMENT
1. PARTIES
This Papel Wallet Application Terms of Use and Payment Services Framework Agreement ("Agreement") has been approved and concluded electronically between Papel defined below and the payment services user ("User") on the terms set out below.
1.1. Papel's address and contact details are as follows:
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Title |
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Papel Elektronik Para ve Ödeme Hizmetleri Anonim Şirketi |
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Address |
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Maslak Mah. Eski Büyükdere Cad. Link Plaza Sitesi Blok N3-5/33 Sarıyer/Istanbul |
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KEP Address |
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Mersis / Registry No. |
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0721080593400001 / 268941-5 |
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Tax Office/No |
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Maslak Tax Office - 7210805934 |
1.2. The identity and contact information of the User is the identity and contact information provided in the application made when opening a Payment Account with Papel.
For the purposes of this Agreement, Papel and the User shall be referred to as "Party" and together as "Parties".
2. DEFINITIONS
Open Banking Service: Services that enable the User to remotely access the financial services offered by financial institutions (banks and/or payment/electronic money institutions) through methods such as APIs, web services, etc. via Papel to perform financial transactions or to view other financial accounts ("Account Information Service") and to give instructions to initiate payment orders ("Payment Order Initiation Service"),
Recipient: The natural or legal person to whom the funds subject to the Payment and/or Electronic Money transaction are intended to reach,
Digital Wallet: The payment instrument and the Mobile Application, 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 User is stored and which enables the User to perform a Payment Transaction using the information related to the Payment Account or Payment Instrument defined by the User,
Electronic Money: The monetary value issued by Papel in return for the funds received from the User, stored electronically, accepted by real or legal persons other than Papel and used to perform payment transactions defined in the Law,
Bill Payment: Payments made in return for services provided to meet needs such as electricity, communication, water, natural gas,
Fund: Banknotes, metallic currencies, bank money or electronic money,
Fund Conversion: The process of converting electronic money into banknotes, metallic currencies or bank money,
Sender: A natural or legal person who issues a payment order from his/her own payment account or without a payment account,
Sensitive Customer Data: Personal security information and personal data related to the Payment Instrument such as password, security question, certificate, encryption key and PIN, card number, expiration date, CVV2, CVC2 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: A Payment Transaction in which all or part of the Payment Order is sent by a third party who sends the Payment Order against the will and/or knowledge of the User or who is not authorized to issue a Payment Order and/or the User does not receive the relevant goods or services,
Account Service Provider ("ASP"): The financial institutions where the Payment Account accessed during the User's use of the Open Banking Services is located,
Contact Center: The current contact number and call center specified on the Website for all kinds of announcements regarding the use of Digital Wallet, contracted merchants, campaigns, costs and fees, and all kinds of detailed information regarding refunds and other payment transactions,
Website: The website where the services and campaigns offered by Papel are published, which can be accessed from https://papel.com.tr/ after the User completes the Identity Verification steps,
Working Day: Monday, Tuesday, Wednesday, Thursday, Friday, except public holidays,
Law: Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions,
Card and/or Papel Card: A virtual and/or physical card issued by Papel that provides access to the User's Papel account, which can be used for the purchase of goods and services or on which a prepaid value can be carried,
Cardholder: The User who has been issued a card by Papel,
Crypto Asset: Intangible assets that can be created and stored electronically using distributed ledger technology or a similar technology, distributed over digital networks, and can express value or rights,
Authentication: The mechanism that provides assurance that any identity information reported actually belongs to the person reporting it,
Identifier: A combination of numbers, letters or symbols and passwords that Papel assigns to the User in order to identify the User and distinguish him/her from other persons,
Personal Security Information: Information identifying the Payment Instrument and the identity of the User, such as password, expiration date, security number that can be used when performing transactions with the Payment Instrument,
User: The person who is a Payment Services user and uses the products and services offered by Papel through the Payment Instrument and Digital Wallet,
KVK Legislation: Law No. 6698 on the Protection of Personal Data and related secondary regulations,
MASAK: Financial Crimes Investigation Board,
Legislation: Law, Law No. 5549, Regulation, Communiqué and other relevant legal regulations,
Mobile Application and/or Web Application: The application that enables access and use of the services offered by Papel and the Digital Wallet by being installed on a mobile device such as a smartphone or tablet or accessed from the Website by completing the User's Identity Verification steps (references to the Mobile Application in the interpretation of this Agreement shall also be deemed to be made to the Web Application),
Payment Instrument: The card, mobile phone, password and similar personalized tool determined between Papel and the User in accordance with this Agreement and used by the User to issue the Payment Order,
Payment Order: The instruction given by the User for the realization of the Payment Transaction,
Payment Account: The account opened on behalf of the user with Papel and used to provide payment services,
Payment Service: The payment services that Papel offers to the User in accordance with the Law and the relevant secondary legislation within the framework of the terms and conditions set out in the Agreement,
Payment Transaction: The activity of depositing, transferring or withdrawing funds upon the instruction of the Sender or Recipient,
Papel System: Payment Account, Digital Wallet and other payment tools offered by Papel, which enable the continuous realization of Payment Services, which are opened to the use and access of the User through the Website and Mobile Application,
Communiqué: Communiqué on Information Systems of Payment and Electronic Money Institutions and Data Sharing Services of Payment Service Providers in the Field of Payment Services,
CBRT: Central Bank of the Republic of Turkey,
Remote Communication Tool: Any means or medium such as letter, catalog, telephone, fax, electronic mail message, internet, short message services, etc., which enable the establishment of a contract without physically meeting,
Regulation: Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers,
Law No. 5549: Law on Prevention of Laundering Proceeds of Crime dated 11/10/2006 and numbered 5549.
3. SUBJECT AND SCOPE OF THE AGREEMENT
This Agreement has been concluded online through the Remote Communication Tool in order to regulate the conditions for the User to benefit from the Electronic Money and Payment Services offered by Papel within the framework of the activity permit obtained from the CBRT within the scope of the Law and the rights and obligations of the Parties in this context.
4. GENERAL PRINCIPLES
4.1. The User will be able to benefit from the Payment Services through the Payment Account, Digital Wallet and/or Payment Instrument to be created with Papel upon completion of the processes specified below.
4.1.1. The User submits his/her request for Payment Account opening and/or Payment Instrument to Papel through the Papel System. The information and documents related to the service requested by the User must be submitted through the channels determined by Papel (methods such as mail, fax, electronic mail and online video calls, or a centralized structure or other innovative methods in accordance with the technology of the day). Papel has the right to request information and documents such as T.R. Identity Number, Name Surname, Address Information, etc. within the framework of the principle of recognizing the customer with remote identification during account opening in accordance with the Legislation. Papel 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.
4.1.2. Even if the User submits the information and documents specified in Article 4.1.1 to Papel, Papel reserves the right to refuse the User's request to use the Payment Services. In this case, the User agrees that he/she shall not be entitled to claim any damages and losses from Papel.
4.1.3. At Papel's sole discretion and option in the event that the remote identification and contracting processes are not implemented or completed, The User accepts and undertakes that it may be possible for a courier authorized by Papel to come to the User's residence/work address notified to Papel and obtain the information and documents required for identity verification for the establishment of this contract, and that this courier to be sent through Papel is authorized to request this information and documents, and in cases where courier delivery will be in question in this context, the User agrees and undertakes to be at this address on the date and time the courier arrives at the address.
4.2. Papel will provide confirmation of the Identifiers that allow the User to access the Papel System and will determine the methods to log in. After logging in through the Identifier, the User will be able to access the Papel System by introducing the confirmation password to the Papel System.
4.3. In the event that the Identifier specified by the User is incorrect, Papel shall not be held responsible for the non-execution or incorrect execution of the Payment Transaction.
4.4. The User gives consent to Papel for the commencement and completion of the Payment Transaction via Papel System, Card or other permanent data storages (text message, electronic mail and any other similar means or media) if Papel accepts. The Payment Transaction shall be deemed to be authorized by the User by entering the verification code to be transmitted by Papel for the execution of the Payment Transaction in the relevant field and similar methods. The approval for the Payment Transaction may be given before or after the Payment Transaction in accordance with the agreed method. A Payment Transaction that has not been approved in accordance with the agreed method shall be deemed not authorized. Depending on the type and amount of the Payment Transaction, Papel may change the approval procedure in accordance with its risk policies.
4.5. Once the Payment Order has been transmitted by the User, it cannot be revoked by the User unless otherwise agreed between the parties. Where the Payment Transaction is initiated by the Recipient, through the Recipient or by the Payment Order Initiation Service provider, the User in the position of the Sender may not withdraw the Payment Order once the User has transmitted the Payment Order to Papel or given Papel approval for the execution of the Payment Transaction. In the case of a direct debit Payment Transaction, the User may withdraw the Payment Order no later than the end of the business day preceding the day agreed for debiting the funds to the account. After the deadlines specified in this Article have elapsed, the withdrawal of the Payment Order is subject to the agreement of the parties. The Buyer's consent is required for the User to undo the Payment Transaction after the expiry of the deadline. Papel may charge a fee for the reversal of the Payment Order, limited to the costs incurred.
4.6. All kinds of announcements regarding Payment Services, contracted merchants, campaigns, point applications, costs and fees and any other detailed information can be obtained from the Contact Center or Digital Wallet.
4.7. The moment when the Payment Order given by the User with the title of Sender is transmitted to Papel shall be deemed as the moment of receipt of the Payment Order, and if it is decided to carry out the Payment Transaction on a certain day, the day agreed for the Payment Transaction shall be deemed as the date of receipt of the instruction. The User accepts and declares that the Payment Order in question can be transmitted until 24:00 (00:00), excluding holidays, and that the payment order received later will be deemed to be received by Papel on the next business day. Payment orders, other than payment orders received with the instruction to be executed on a specific day, shall be executed at the first available time for EFT, FAST or other systems according to the amount/time and other conditions. In cases such as fulfilment of pending orders in order due to transaction intensity and similar reasons, the first available time will be evaluated to include the reasonable time required to process such orders.
4.8. In the event that a Payment Order is issued by the User who has the title of Sender within the framework of Payment Services, a transaction receipt containing the following information regarding the transaction shall be sent to the User after the Payment Account is debited, and in the event that the Payment Account is not used, after the Payment Order is received:
i. Receipt No/ Transaction reference No and Recipient information,
ii. Amount and the currency in which the transaction took place,
iii. Breakdown of fees and commissions to be paid,
iv. Information on the exchange rate and calculation method used in the Payment Transaction, if any,
v. Information on the date the Payment Order was received or the Payment Account was debited.
4.9. After the Payment Transaction is realized, Papel will send the transaction receipt containing the following information regarding the transaction to the User who has the title of Buyer:
i. The information that must be provided by the Buyer in order for the Payment Transaction to be realized,
ii. Amount and the currency in which the transaction took place,
iii. Breakdown of fees and commissions to be paid,
iv. Information on the exchange rate and calculation method used in the Payment Transaction, if any; and
v. Information on the date on which the payment amount was made available to the Recipient.
4.10. The User may also view the transaction receipts within the scope of Articles 4.8. and 4.9. via Papel System and/or Digital Wallet.
4.11. The user has the right to request that the information within the scope of Article 4.8. and Article 4.9. be made at regular intervals to be determined by Papel, at least once a month, without any charge, in a way that allows the information to be stored and used without change.
4.12. The User may at any time request the partial or complete conversion of Electronic Money into funds. Unless Papel has a right or obligation to the contrary in accordance with the Legislation, Papel shall carry out the transactions regarding the repayment of the funds up to the equivalent of the Electronic Money upon the request of the User without delay and in any case no later than the end of the next business day after receiving the request.
4.13. Papel pays the funds equivalent to the Electronic Money only to the bank accounts of the Users registered in the system. In cases where the funds equivalent to electronic money are paid by credit card, the repayment of electronic money may be restricted within the framework of the provisions of the Legislation. In order for the payment to be made, the User's account must be approved and the authentication information requested by Papel must be provided by the User. Papel is not responsible for delays caused by banks used as intermediaries in payments.
4.14. The information and documents provided by Papel using Remote Communication Tools will be kept in accordance with the provisions of the KVK Legislation and other applicable Legislation. The User will be able to access the information and documents provided through Remote Communication Tools through the Papel System, without prejudice to the provisions of the relevant Legislation.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Persons who wish to benefit from all of the services offered by Papel must open an account through the Papel System by completing the steps of identification and identity confirmation, the minimum conditions of which are determined within the framework of the Legislation and required by Papel.
5.2. The User agrees that he/she is competent to accept this Agreement regarding the Payment Services, that he/she is an adult as of the date of acceptance of this Agreement, that Papel has the right to set separate age restrictions for different User groups, that he/she acts on his/her own behalf and account, that he/she acts on behalf of someone else and/or transfers the Payment Account to a third party and that his/her identity, contact and other identification information changes, Law No. 5549 in writing to Papel through the channels indicated by Papel in accordance with the relevant Legislation, including Law No. 5549, and accepts that Papel may request identification and/or information supply based on this notification, and that it will use the services under this Agreement within the limits determined by the Legislation. Otherwise, Papel shall not be liable for any transaction, including unauthorized, erroneous transactions, unfair, unlawful use of third parties, fraud, etc., and shall have the right to unilaterally terminate the Agreement without compensation, suspend and / or close the Payment Account and / or Payment Services temporarily or permanently in case of violation of this article, including but not limited to the aforementioned issues.
5.3. The User may not use Papel's services for illegal or immoral purposes or for the provision of goods or services that are directly or indirectly illegal or immoral.
5.4. The User accepts that if he/she uses the Payment Instrument for purposes contrary to the Legislation and/or public morality, especially banned products, illegal products, immoral products and services, pornographic content, drugs, products for drug trafficking, illegal betting - gambling and similar activities, he/she accepts all kinds of responsibility arising from these uses.
5.5. Within the scope of internal control and compliance activities, the scope and rules of which will be determined by Papel in accordance with the legislation;
i. The accuracy of the identity information and contact information provided by the User during or after account opening,
ii. Whether the User is acting on behalf of someone else,
iii. Whether he/she has given any password and access authorization, including Sensitive Customer Data, given to him/her to use the Services to third parties for a benefit,
iv. Whether you are using the services for illegal activities,
v. Whether the transactions carried out within the scope of the Services were carried out in a fraudulent or unauthorized manner,
vi. Papel may check whether there is fraudulent or unauthorized access to the Payment Account or whether there is an attempt to initiate a Payment Transaction in a fraudulent or unauthorized manner, and may observe, report and record the User's transactions for these purposes. In case of suspicion or determination that the obligations in this article have been violated by the User, Papel shall not be liable for any transaction, including unauthorized, erroneous transactions, unfair, unlawful use of third parties, fraud, etc., and shall have the right to unilaterally terminate the Agreement without compensation, temporarily or permanently suspend and/or close the Payment Account and/or Payment Services, including but not limited to the issues listed.
5.6. Papel shall execute the Payment Order on the payment date agreed with the User, provided that the Payment Order is submitted at the latest 1 (one) day before, and in cases where the payment date is not agreed with the User, at the latest within 4 (four) business days from the date the Payment Order is received by Papel. Papel is obliged to make the Payment Transaction amount immediately available to the User if the User is the Buyer. Papel is in no way responsible for the transactions of the Buyer's bank or payment service provider.
5.7. Papel may offer different identification methods and account types for its Users within the scope of the Legislation and its own risk management policy and may set limits on transactions to be carried out through its services. The services offered by Papel and the limits and restrictions regarding these services may be differentiated within the scope of the Legislation and risk management policies. The User agrees that he/she is bound by the transaction limits set by Papel and cannot perform transactions above these limits. Papel may update the transaction limits at any time by making a notification in accordance with the methods and periods specified in the Agreement.
5.8. The User accepts that Papel has no responsibility for the goods or services purchased, that the goods or services comply with the laws and morals and that the goods or services are provided or delivered in a complete manner free from defects, invoice, delivery note, warranty certificate, etc. It is the obligation of the Buyer to submit the mandatory documents to the User according to legal regulations and that Papel has no responsibility for them.
5.9. The User accepts and declares that the information regarding any transaction carried out within the scope of this Agreement may be shared by Papel with the relevant institutions and organizations in order to fulfil its legal obligations and / or may be anonymized and used.
5.10. The provision of the Payment Services, the 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 Papel.
5.11. Special Provisions on Open Banking Transactions:
5.11.1. The User will be able to receive Account Information Service and Payment Order Initiation Service with the Mobile Application for the User's accounts in his/her name at another bank or payment service provider.
5.11.2. The User is obliged to make the selections requested through the Mobile Application for the Account Information Service. After the User's selections, the ASP must give approval through the ASP’s digital channels, and Papel will not be responsible for any disruptions and/or technical errors during the relevant approval process. The User accepts, declares and undertakes that Papel is the technical infrastructure provider for the display of the information provided by the relevant ASP’s within the scope of the Account Information Service, that the Payment Accounts are under the management of the ASP’s and that Papel is not responsible for the accuracy and timeliness of the information provided by the ASP’s to the User via the Mobile Application.
5.11.3. The User may initiate a Payment Order for the Payment Order Initiation Service through the Mobile Application through his/her accounts in his/her name at another bank or payment service provider, provided that the necessary approval and authorization processes are successfully completed. The User agrees that the approval for the Payment Transaction will be given through the payment order initiation service provider and that the Payment Transaction will be deemed to be authorized upon approval of the execution of the Payment Transaction. ASP shall be fully responsible for the realization of the Payment Transaction in accordance with the Law and the relevant secondary legislation. In the event that the Payment Order is initiated through Papel, the User agrees and undertakes to provide the User and, where necessary and possible, the Recipient of the transaction with information regarding the confirmation given by the financial institution where the User's Payment Account is located regarding the successful initiation of the Payment Order immediately after Papel initiates the Payment Order. The Sender may withdraw its consent to the Payment Transaction prior to the issuance of the consent for the execution of the Payment Transaction to the relevant ASP in accordance with the previously established procedure. Once the User has authorized the Payment Transaction with ASP, it is only possible to withdraw the payment order with the consent of the Recipient. In the event that an unauthorized or error-free Payment Transaction is initiated by Papel, the amount related to the relevant unauthorized Payment Transaction will be refunded to the User by ASP. Papel shall not be held liable for any damages arising from unauthorized Payment Transaction, unless the unauthorized Payment Transaction in question is due to any defect of Papel or a failure in the infrastructure and services under its responsibility.
5.11.4. In the event of any technical interruption that the User may encounter while performing an Open Banking Service transaction, the User must contact the customer service of the party that experienced this interruption.
5.11.5. The User is subject to transaction limits and transaction restrictions imposed by the financial institution to which the User has added Open Banking Service services.
5.11.6. The authority regulating the provisions of the Open Banking Service and the technical infrastructure provider may impose limitations on the services to be offered. The User using the Open Banking Service is also subject to the other terms and conditions set forth in this Agreement.
5.11.7. As long as consent is given by the User, Papel may access, use and store the relevant data for the purpose of providing the Open Banking Service in accordance with the regulations on information security and confidentiality.
5.12. Papel does not warrant that the Website will always be available, uninterrupted or complete. The information contained on the Website does not constitute advice. Papel shall not be liable for any loss or damage arising from the use of electronic means of communication, including, but not limited to, loss or damage caused by non-delivery of electronic communications or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or computer programs used for electronic communications, and transmission of viruses. The Website or Mobile Application may contain links to external websites operated by any third party or may contain links to the Website or Mobile Application. Papel shall not be responsible for the operation, use or content of such third-party links.
5.13. Papel is not responsible for the failure to fulfill the transactions requested by the User within the scope of the regulations governing international banking transactions and control regimes regarding financial and economic sanctions. Within the scope of the said rules and regulations, the User is obliged to submit to Papel the additional information and documents requested by Papel. The User accepts, declares and undertakes that his/her applications and requests to Papel may be unilaterally rejected at the end of the evaluation.
5.14. The User accepts, declares and undertakes that he/she will not use the Crypto Asset directly or indirectly in the Payment Services offered by Papel, and that he/she will not make a Payment Transaction to the Payment Account and/or Card by using the Payment Account and/or Card to the platforms that provide trading, custody, transfer or issuance services related to the Crypto Asset or from these platforms to the Payment Account and/or Card.
5.15. The User accepts, declares and undertakes that the Bill Payment services offered by Papel are limited to invoices issued by invoice generating organizations that Papel has an agreement on Bill Payment and / or Papel has an agreement on Bill Payment with another contracted payment service provider, that these organizations may change, and that Papel knows that Papel has no continuity commitment regarding these organizations.
6. TECHNICAL SPECIFICATIONS THAT THE USER DEVICE MUST MEET
6.1. In order for the User to benefit from the services offered by Papel within the scope of this Agreement, the User must have devices with the technical competence to use the Mobile Application (Android 6 and above operating systems and mobile phones with IOS 14 and above operating systems and computers and similar devices listed in the provision numbered 6.4).
6.2. Papel may request the Mobile Application to be updated to improve the User experience. In case the Mobile Application is updated, the device used must also be of a nature that will allow the operating system to allow these updates to be made.
6.3. The User accepts, declares and undertakes that he/she knows that he/she cannot create a Payment Account on devices that are not technically capable of running the Mobile Application and that he/she cannot use the Payment Account he/she has created on devices that are not technically capable.
6.4. In order for the User to use the Website and the Web Application, the User must have a desktop computer, laptop, tablet, smartphone or similar device that can connect to the Internet and has a web browser installed that allows browsing basic websites.
6.5. Papel cannot be held responsible for any problems and complaints that may arise due to the inability to use the Payment Instrument or the Payment Transaction cannot be realized due to any problem arising from the payment infrastructure of the internet and e-commerce sites where shopping is desired. Papel shall also not be responsible in any way for the transactions of the Buyer's payment service provider.
6.6. In case of any deficiency or failure in the User's use of the Payment Services with the Remote Communication Tool, it will be necessary to contact Papel via the Contact Center.
6.7. While using the Papel System, the User is responsible for (i) ensuring that the internet connection of the device is secure, (ii) installing and using virus protection software that ensures the security of the device, (iii) taking the necessary measures to prevent the device from being seized by third parties. Papel shall not be responsible for any damages that may occur due to the use or control of the device used by the User to access the Papel System by unauthorized persons.
7. SPECIAL PROVISIONS FOR THE PAPEL CARD
7.1. Within the scope of this Agreement, the User will be able to give payment instructions with the Papel Card defined in his/her account, use the Papel Card for the purchase of goods and / or services in accordance with the law, and withdraw cash from ATMs as a result of the conversion of the electronic money in the Payment Account into funds.
7.2. The use of the Cards, settlement and offsetting transactions are subject to the provisions of the Law and the regulations and other relevant legislation. In case of any amendment in the legislation, the amendments shall be applied as of the effective date.
7.3. The User's liability arising from the use of the Card shall commence from the moment the card is received or the information of the card/Digital Wallet without physical presence (virtual) is transmitted to him/her, and the User is obliged to take the necessary security measures regarding the Card from this moment onwards. It is the User's responsibility to protect the Card, electronic devices such as mobile phones, etc., which may enable the use of the Card due to the storage of Card information, and information about the code number, password or other identifying methods for the use of the Card in a secure manner and to take measures to prevent its use by others.
7.4. It is possible to learn all kinds of announcements regarding the use of the card, contracted workplaces, cash withdrawal points, campaigns, cashback and/or point applications, costs and fees and all other detailed information through the Contact Center and/or Website and/or ATMs, kiosks and similar systems for automatic transactions with the card belonging to Papel or its contracted banks or institutions.
7.5. In the event that it is determined that the Card is not used in accordance with the corporate policies or the relevant Legislation or that the use of the Card is abused, Papel may immediately stop the use of the Card without prior notice.
7.6. The debit and credit records arising from the use of the card abroad shall be notified to Papel in foreign currency through the relevant international card organization and the expenditures, together with the relevant commissions and expenses, shall be converted into Turkish Lira at the foreign exchange sales rate determined by Papel in accordance with the provisions of the Legislation on the date of registration in the User's account or at the monthly average rate to be determined for such expenditures and reflected to the User.
8. CASHBACK CAMPAIGN AND LOYALTY PROGRAM
8.1. Cashback campaign is the return of a certain percentage or a certain amount of the User's spending on services, transactions, businesses and/or categories determined by Papel to the User's account as electronic money.
8.2. The conditions of the campaigns to be carried out within the scope of the Cashback campaign and the maximum Cashback amount and rate that can be earned at workplaces and/or in categories within the scope of these campaigns are published on the Website and Mobile Application.
8.3. Papel has the right to make any changes and/or terminate the campaign conditions at any time and without prior notice, and in the event that Papel updates these changes via the Website and Mobile Application, it will be deemed that the User is aware of the relevant change.
8.4. In case of cancellation/refund of any expenditure that causes Cashback earning, the amount credited to the User account as Cashback by Papel is refunded as soon as the refund/cancellation is reflected in the Payment Account. In the event that the refund is made to the User by a different payment method (for example; cash, money order, gift voucher, etc.) as a result of the cancellation/return of any expenditure that causes Cashback earnings, the Cashback amount paid to the User by Papel is collected as Electronic Money from the User's Payment Account. In the event that there is not enough Electronic Money in the User's Payment Account, Papel reserves the right to take legal action.
8.5. In cases where the Cashback campaign is foreseen for expenditures in a certain category, Papel will take into account the MCC (merchant category) information and transaction description information of the merchant where the expenditure is made. In the event that there is insufficient information about the relevant category in the category and/or transaction description, Cashback payment will not be made by Papel.
8.6. In the event that it is determined that the Cashback campaign is abused and/or if Papel believes that there is abusive use by Papel, Papel reserves the right not to pay the Cashback amount to the User or to take back the Cashback amount if it has been paid. Users participating in the Cashback campaign agree that the determination of abuse may be made unilaterally by Papel and that necessary actions may be taken by Papel without notice.
8.7. The User agrees that Papel may implement loyalty programs and other applications in accordance with its own terms and rules, that the rewards and / or points earned within the scope of the applications may be used exclusively within the framework of the rules to be determined by Papel, and that the said rewards and / or points do not qualify as electronic money.
9. INCORRECT AND UNAUTHORIZED TRANSACTIONS AND REIMBURSEMENT
9.1. The User shall be responsible for protecting his/her account created for the use of the Digital Wallet (including the relevant username and password), the Payment Instrument in his/her possession and Sensitive Customer Data and shall not share them with third parties. In case of loss, theft or unauthorized use of the aforementioned information and the Payment Instrument, the User is obliged to immediately notify Papel via destek@papel.com.tr e-mail address or Contact Center.
9.2. The User may immediately and in any case within 13 (thirteen) months following the execution of the Payment Transaction, request correction by submitting an unauthorized or erroneous transaction notification. If this request of the User is deemed appropriate, the relevant transaction fee will not be transferred to the Buyer and will be returned directly to the User as soon as possible by Papel, and if the transaction fee has been transferred to the Buyer at the time of notification, Papel will request the Buyer to return the relevant amounts to the User. If the Buyer agrees to return the relevant amount to the User, this amount will be returned to the User. If the Buyer does not agree to return the relevant amount to the User, Papel's responsibility for the return of the amount will end and the User will have to request the amount transferred to the Buyer directly from the Buyer as a result of the Payment Transaction.
9.3. In the event that the User fails to fulfill the notification obligation within 24 (twenty-four) hours prior to the notification made in accordance with Article 9.1 in the event of the use of a lost or stolen Payment Instrument or the use of the Payment Instrument by others due to the failure to properly maintain personal security information, the User shall be liable for 250 (two hundred and fifty) Turkish Liras of the damages arising from the unauthorized Payment Transaction. The User shall not be liable for unauthorized Payment Transactions that occur after the notification made in accordance with Article 9.1, and shall not be liable in case of notification in the aforementioned manner. With respect to the erroneous or unauthorized Payment Transaction, if the User uses the Payment Instrument fraudulently or willfully or grossly negligently fails to take the necessary measures to protect the security information related to the Payment Instrument or fails to use the Payment Instrument in accordance with the issuance and terms of use, the User shall be liable for the entire loss arising from the unauthorized Payment Transaction, not limited to any period and amount.
9.4. If Papel has a reasonable belief that there is an unauthorized transaction (the person using any Payment Instrument is not the authorized person or is not the person who has the information to carry out the transaction), Papel will review the User's authorizations and will not incur any payment obligation in case of suspected fraudulent transaction.
9.5. Papel is responsible to the User for the correct execution of the User's Payment Order. Papel shall not be held liable for the incorrect execution of the Payment Transaction if the Buyer's payment service provider proves that it has received the payment amount. Papel shall refund the unexecuted or incorrectly executed portion of the Payment Transaction to the User without delay and reinstate the Payment Account if the amount has been deducted from the Payment Account.
9.6. For payments received on behalf of the User, Papel immediately transfers the amount of the Payment Transaction to the User's account and makes it available for use.
9.7. In cases where the Payment Order is issued by or through the Buyer, who is the User, Papel is responsible to the Buyer for sending the Payment Order to the Sender's payment service provider correctly. Papel is obliged to transfer this amount to the Buyer's payment account and make it available for use by the end of the business day on which the Payment Transaction amount is transferred to the Buyer's payment account.
9.8. In cases where the payment service provider of the Buyer is Papel, Papel shall immediately transfer the Payment Transaction amount to the Buyer's account and make it available for use following its transfer to their account. If Papel proves that it has correctly sent the Payment Order to the Sender's payment service provider, it cannot be held responsible for the incorrect execution of the Payment Transaction. Upon request, Papel shall detect the unperformed or incorrectly performed Payment Transaction and notify the Buyer of the result.
9.9. In the event that the amount of the Payment Transaction authorized by the Buyer or initiated through the Buyer is not fully specified during the authorization of the Payment Transaction and the amount of the actual Payment Transaction exceeds the amount stipulated by taking into account the expenditure history, contract terms and other relevant issues, the User may request a refund up to the amount of the actual Payment Transaction. Refunds cannot be requested after the consumption of the purchased goods or receipt of the service. Papel may ask the User to provide factual evidence of the claim. The refund request must be made within 2 (two) months from the date of the Payment Transaction. Papel makes the payment within 20 (twenty) Business Days from the date of receipt of the User's refund request or refuses it with its reasons and notifies that it may take legal action.
9.10. In terms of Users for whom Papel is not required to perform identity verification and identification in accordance with the relevant Legislation; Papel is not responsible for any damages arising from the use of a lost or stolen Payment Instrument or the use of the Payment Instrument by third parties due to the failure to properly maintain the User's security information.
10. CURRENCY IN WHICH THE PAYMENT WILL BE MADE
10.1. The services offered by Papel to its Users and subject to the continuous payment relationships listed in this Agreement will be provided in Turkish Lira, and in this context, the regulations set out in the Decree No. 32 on the Protection of the Value of Turkish Currency, which was put into force by the Decree of the Council of Ministers dated 07/08/1989 and numbered 89/14392, regarding the currencies used by the Users in performing Payment Services, are essential.
10.2. Payments where one of the parties of the transaction is located abroad and Payment Transactions that are allowed to be made in foreign currency within the framework of the Legislation, provided that it complies with the Legislation, are carried out using the currency determined by Papel within the framework of the relevant Service. Information will be entered regarding the exchange rate or reference exchange rate to be applied in relation to Payment Services or the method of calculating the reference exchange rate. Changes in the reference exchange rate shall take effect immediately. Changes in the reference exchange rate in favor of the User shall apply immediately without notice.
11. FEES
11.1. The fees that the User must pay to Papel for the services provided under this Agreement are available on Papel's Website and Mobile Application. The User agrees to pay the fees announced and updated on the Website and Mobile Application during the period this Agreement is in force. If the User requests additional information, more frequent information or the transmission of information by methods other than those specified in this Agreement, Papel may charge fees, expenses or commissions up to the cost of this transaction.
11.2. Papel may unilaterally change the fees to be charged for products and services and transactions in accordance with the amendment principle in the relevant Legislation.
11.3. Papel reserves the right to charge a fee for the notification to be made to the User in the event that the Payment Order is rejected for just cause, the withdrawal of the Payment Order, the withdrawal of the Funds subject to the erroneous Payment Transaction and other situations.
12. INTELLECTUAL PROPERTY
"Papel.com," "Papel" and all other URLs, logos and trademarks related to Papel services are trademarks and registered trademarks of Papel and its licensed companies. In addition, all page headers, custom graphics, button icons and text are service marks, trademarks and/or trade dress of Papel. All right, title and interest in and to the Papel System, any content therein, the technology related to the Papel Services and any technology created or derived from the foregoing, or any and all technology and content is the exclusive property of Papel and its licensed companies. The User may not copy, imitate or use them without the prior written consent of Papel.
13. PROTECTION OF PERSONAL DATA
13.1. The User, Papel's workplace, office or other forms filled in Papel's Representatives, contact forms filled in electronically, written or verbal communications with Papel through online channels, including this Agreement, electronic mail, fax or letter sent to Papel via the electronic mail system, and all kinds of information and documents, accepts, declares and undertakes that all personal data transferred to Papel in other ways, including but not limited to the information and documents I have shared through the telephone channel or directly with Papel, and personal data shared verbally, in writing or electronically in any other way, may be processed by Papel in accordance with the KVK Legislation in accordance with the law, accurate, up-to-date and limited to the period determined by law or required for the purpose for which they are processed.
13.2. You can access the disclosure and explicit consent texts prepared within the scope of KVK Legislation and the personal data protection policy on the Website or Mobile Application.
14. DURATION AND TERMINATION OF THE CONTRACT
14.1. This Agreement will enter into force as soon as the User completes the identity verification steps before Papel and transmits the account opening approval through the Papel System, or in case an anonymous account is opened, on the date of approval of the Agreement, and will remain in force unless terminated in the manner specified under this article.
14.2. Papel may terminate the Agreement at any time with a written notice of at least 1 (one) month in advance, without prejudice to its obligations arising from the legislation and the circumstances in which it is required to terminate the agreement within the framework of the special termination conditions regulated in this Agreement; The User may terminate the Agreement without any compensation with a notice of 1 (one) month in advance. The User must submit his/her request to terminate the Agreement to Papel via the Mobile Application. After receiving the termination request, Papel will fulfill the requirements of the termination process as soon as possible, provided that the User has fulfilled his/her obligations under the Agreement. This Agreement may be terminated at any time by mutual written agreement of the Parties.
14.3. In the event that Papel's operating license under the Law is terminated for any reason, this Agreement may be terminated based on the notification made by Papel without any compensation obligation to Papel.
14.4. In cases where there is a suspicion of fraudulent or unauthorized use, Papel may suspend the services provided to the User under the Agreement and close the Payment Instrument for use. In this case, Papel will inform the User (except for the existence of regulations preventing the provision of information in the Legislation or the existence of objective reasons threatening security) and will make the services and Payment Instrument available to the User again when the reason for suspension is eliminated. Papel may also suspend the services of the User in case of violation of this Agreement until the violation is eliminated.
14.5. In the event that the Agreement is terminated for any reason, the amount of funds equivalent to the issued electronic money shall be sent to the bank account belonging to the User notified by the User when exercising the right of withdrawal or termination. The authorities and obligations imposed by the Legislation on Papel regarding the non-payment of the fund amount equivalent to the issued electronic money (asset freezing decisions, Papel's use of the right of clearing and offsetting and similar) are reserved.
15. RIGHT OF WITHDRAWAL
15.1. The User has the right to withdraw within 14 (fourteen) days from the establishment of the Agreement without any justification and without penal clause. If the User wishes to exercise his/her right of withdrawal, he/she must notify Papel within 14 (fourteen) days by calling the Contact Center at 0850 241 2424 or by sending an e-mail to destek@papel.com.tr.
15.2. Within 30 days from the date of receipt by Papel of the notification of the exercise of the right of withdrawal, all payments, except for the service fees performed in accordance with the Agreement and the costs paid to a public institution or organization or third parties, if any, and the fees required by the legislation, shall be returned to the User. The refund shall be made at once in accordance with the payment instrument used by the User when purchasing the relevant service, without any cost or obligation to the User.
15.3. The User is obliged to return to Papel the service fees performed in accordance with the Agreement and the costs paid to a public institution or organization or third parties, if any, and the costs that must be paid in accordance with the legislation within thirty days at the latest from the date of submission of the withdrawal notification to Papel. If the User does not make the necessary refunds and payments within this period, it is deemed not to have withdrawn from the contract.
16. REPORTING AND RESOLUTION OF COMPLAINTS
16.1. The user will be able to submit his/her complaints and objections regarding the services provided by Papel by contacting Papel's Contact Center at 0 (850) 241 24 24 or by e-mail to destek@papel.com.tr with his/her name-surname information and Papel Account number.
16.2. Papel will review these complaints and inform the User within 20 (twenty) days at the latest.
16.3. The User may apply to the arbitration committees established within the Association of Payment and Electronic Money Institutions of Turkey in order to evaluate and resolve disputes that may arise from the Regulation practices between Papel and Papel, without prejudice to the provisions of the Law on Consumer Protection dated 7/11/2013 and numbered 6502 and the application rights recognized by other laws.
16.4. Before applying to the Arbitral Tribunal pursuant to Article 16.3, the User must apply to Papel in writing within 2 (two) years at the latest from the date of the transaction or action subject to the dispute. If Papel does not respond to the application within 20 (twenty) days from the date of application, the user may apply to the Panel by filling out the relevant application form within 60 days from the date of the response if the response given by Papel is not sufficient. The application form can be accessed via https://todeb.org.tr/hakemheyetibasvuruformu/.
16.5. After filling in the relevant information in the application form and uploading the required documents, the User will electronically transmit the application to the Association of Payment and Electronic Money Institutions of Türkiye.
17. MISCELLANEOUS PROVISIONS
Force Majeure: Human and natural disasters, war, mobilization, fire, strike, lockout, etc., which did not exist and could not be foreseen at the time of the signing of this Agreement and which occur in such a manner and degree as to partially or completely, temporarily or permanently stop the working possibilities of the Parties or a single Party, and other circumstances beyond the control of the Parties are considered force majeure. The Party subject to force majeure shall immediately notify the other Party in writing and the obligations of the Parties shall be suspended during the force majeure period. When the force majeure event ceases, the Agreement shall resume from where it left off. If the force majeure event lasts longer than 1 (one) month, the Party whose rights are violated may terminate this Agreement without compensation. In the event that Papel is unable to provide the Payment Service due to Force Majeure, the User will not be able to claim compensation for the failure to provide the service.
Applicable Law and Competent Court: Turkish law shall apply to the settlement of disputes arising out of this Agreement and Istanbul (Central) Çağlayan Courts and Enforcement Offices shall be competent.
Evidence Agreement: In any dispute regarding the transactions and services under this Agreement, Papel's electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept in its own database, servers will constitute evidence, and the Parties agree that this article constitutes an evidence contract within the meaning of Article 193 of the HMK. Papel is not obliged to retain its records for a period longer than the legal retention period. Written or electronic communications in any form between Papel and third parties, including Statements, Payment Orders, announcements and reports regarding Papel's services, as well as any other form of written or electronic communications between the User and Papel, may be evidenced by Papel through written or electronic reproduction and/or copying of the communication from Papel's system. Such communications and their reproductions or copies shall constitute conclusive evidence between Papel and the User, unless the User provides evidence to the contrary.
Amendment: Papel has the right to change this Agreement and terms of service at any time without any prior notice. If such changes (whether made by Papel or arising from the Law and other relevant legislation) cause a change in the terms of this Agreement (unless the Legislative changes stipulate a shorter period of time), the User will be notified 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 of termination. If the User does not accept the said change, the User may terminate the Agreement without any fee. If the User does not exercise the right of termination within 30 (thirty) days, the change will be deemed accepted. The User cannot make any request from Papel in this context.
Assignment: The User may not transfer and assign this Agreement and the rights and obligations arising from the Agreement to third parties in whole or in part without the prior written consent of Papel.
Entire Agreement: The invalidity in whole or in part of one or more of the non-essential provisions of this Agreement shall not affect the validity of the remaining provisions of the Agreement.
Language: This Agreement shall be presented to the User in Turkish and English languages in accordance with the User's preference and in case of any conflict or contradiction, the Turkish version shall prevail.
Waiver: The failure of the other Party to take any action in response to a breach of any provision of this Agreement by one Party shall not constitute a waiver of the other Party's rights and the other Party shall always be entitled to exercise its rights arising under this Agreement in the event of any subsequent breach. Failure to exercise or delayed exercise of any right arising under this Agreement by the Party concerned shall not constitute a waiver of such right by the Party entitled thereto.
Notifications: Papel's address specified under this Agreement and the address specified by the User during registration are the legal notification addresses of the Parties, and unless any change of address is notified to the other Party in writing, notifications made to these addresses will have all the provisions and consequences of a notification made in accordance with the Notification Law No. 7201. Unless otherwise specified in the relevant legislation, all notifications to be made under the Agreement may be transmitted in writing or electronically. Papel shall make the notifications to be made to the User under this Agreement at the times specified in the Agreement via e-mail to be sent to the address specified by the User during registration or by sending SMS to the phone number.
Settlement and Set-off: In the event that Papel has a receivable from the User under this Agreement, it has the right or authority to offset the relevant amount from the User's receivables from Papel. The User agrees that, if Papel agrees, it will make payments under this article by assigning its receivables from third parties that have arisen and / or will arise.
Prior Information: The User declares, accepts and undertakes that he/she has been informed in accordance with the draft Agreement on the Website in accordance with Article 42 of the Regulation before signing this Agreement.
Real Beneficiary Declaration for the User: I hereby declare that I am a "real beneficiary" as defined in Article 15 of the "Law No. 5549 on the Prevention of Laundering Proceeds of Crime" published in the Official Gazette dated October 18, 2006 and numbered 26322 and that I have opened an account with Papel in this capacity and that I will make transactions under this Agreement on my own behalf and account. In the event that I act on my own behalf but on behalf of someone else, I accept and declare that I will notify Papel in writing in accordance with the Law No. 5549 and its sub-regulations in whose account I am making transactions and the identity information of this person and his/her authorized status for these transactions before the transaction is made.
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