FRAMEWORK AGREEMENT

WİXXİR FRAMEWORK USER AGREEMENT

1. PARTIES

This Wixxir Framework (Individual) User Agreement (“Agreement”) is set out below, as detailed below …………………………………………………………………………….. ……….. GPM INVEST & TRADE INC located at

It is concluded between (“ wixxir ”) and the user (“User”).

 

Within the scope of this Agreement, the User and Wixxir will be referred to jointly as the “Parties” and individually as the “Party”.

 

2. DEFINITIONS

Open Banking Service

Account Information Service and/or Payment Order Initiation Service

Activation

It refers to the opening of the User's Payment Instrument for use by verifying the User, in the context of criteria determined by Wixxir .

Buyer

The real or legal person to whom the Fund subject to the payment service is requested to reach.

Electronic Money

It refers to the monetary value issued in return for the Fund accepted by Wixxir, stored electronically, used to carry out payment transactions defined in the Law and accepted as a Payment Instrument by real and legal persons other than Wixxir.

Electronic Money Service

Wixxir offers within the framework of the Legislation and in accordance with its operating permits.

Fund

It refers to banknotes, coins, registered money or Electronic Money.

Convert to Fund

registered money or Electronic Money issued by another organization as a result of its use or repayment .

Sender

It refers to a natural or legal person who places a payment order from his/her own Payment Account or without having a Payment Account.

Sensitive User Data

It refers to personal data related to the Payment Instrument such as password, security question, certificate, encryption key, PIN, card number, expiration date, CVV2, CVC2 code and User security information used in the issuance of the Payment Order or for identity verification, which may allow fraud or fake transactions if captured or changed.

Account Service Provider (ASP)

It refers to the PSPs where the Payment Account is accessed or instructed during the User's use of Open Banking Services.

Services

Refers to Term Payment Service and Electronic Money Service.

Working day

It refers to Monday, Tuesday, Wednesday, Thursday and Friday, which are not considered holidays or public holidays according to the laws of the Republic of Turkey.

Law

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

Card Storage Service

It refers to the services provided by Wixxir for the User to save their credit card and debit card information and use these registered cards in payments made through the services offered by Wixxir.

Identity Information

It refers to any information that enables the identification of the User, including , but not limited to, the User's name, surname, date of birth, place of birth, mother's name, identity number, and identity document serial number .

Identity Verification

It refers to the mechanism that provides assurance that any personally identifiable information reported truly belongs to the person reporting it.

Personal Security Information

 

Refers to information that identifies the Payment Instrument and the Payment Instrument user, such as the password, expiration date, and security number that can be used when performing transactions with the Payment Instrument.

 

Identifier

It refers to the combination of numbers, letters or symbols assigned to the User by Wixxir in order to identify him/her and distinguish him/her from other users .

User

It refers to the real person who is a party to this Agreement and who benefits from the Services and/or other services offered by Wixxir by opening a Payment Account with Wixxir.

User Security Information

It refers to customized information given to the User by Wixxir or determined by the User and agreed upon with Wixxir for the purpose of identity verification .

Legislation

It refers to the Law, Regulation, other relevant secondary regulations issued based on the Law and the laws, regulations and other regulations of the Republic of Turkey that are directly applicable to this Agreement and the Services offered by Wixxir.

Payment Method

Personal tools such as cards, mobile phones, QR codes, passwords and similar tools used by the User to place a Payment Order.

Payment Order

to Wixxir or another Payment Service Provider for the purpose of carrying out the payment transaction .

Payment Account

It refers to the account opened in the name of the User and used in the execution of the Payment Transaction.

Payment Service

It refers to each and/or all of the services specified in Article 12 of the Law that Wixxir offers within the framework of the Legislation and in accordance with the operating permits it holds.

Payment Service Provider / ÖHS

It refers to banks, electronic money institutions, payment institutions and the Postal and Telegraph Organization Joint Stock Company within the scope of the Banking Law No. 5411.

Payment Process

 

Refers to the activity of depositing, transferring or withdrawing funds upon the instruction of the Sender or Recipient.

 

Platform

It refers to any digital or physical platform that allows the User to benefit from the Services, including the Application and Website.

CBRT

It is the Central Bank of the Republic of Turkey.

Representative

Refers to the persons that Wixxir conducts through its Services in accordance with Article 18 of the Regulation .

APPLICATION

the User can benefit from Wixxir's Payment Service and Electronic Money Services. The conclusion of this Agreement does not mean that this application will definitely be offered to the User in any way .

Remote Communication Tool

Any means or environment that allows the establishment of a contract without physical contact, such as applications, letters, catalogues, telephone, fax, e-mail messages, internet, SMS services,

Website

It refers to the address www.Wixxir.com .

Regulations

Refers to the Regulation on Payment Services, Issuance of Electronic Money and Payment Service Providers No. 31676.

Law No. 5549

Refers to the Law on Prevention of Laundering Proceeds of Crime.

Law No. 6698

The Personal Data Protection Law states the following.

this Agreement have the following meanings.

 

3. INTRODUCTION AND SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement is to determine the conditions for the User to benefit from the Services offered by Wixxir and to regulate the rights and obligations of the Parties within this scope. Following the approval date of the Agreement, Wixxir will provide the Payment Services to the User personally or through the Representative .

3.2. This Agreement shall enter into force upon its acceptance or signature by the User, either online or in writing, and the User accepts that the use of the Services offered by Wixxir is subject to the terms and conditions set forth in this Agreement and its annexes, if any.

3.3. Subject to the User's request, the Services that may be provided by Wixxir under this Agreement, at Wixxir's sole discretion, within the scope of the Law and the relevant Regulation, are specified below. For the avoidance of doubt, it should be noted that the scope, time of provision or whether or not the Services specified below are provided are entirely at Wixxir's sole discretion; in this context, Wixxir does not undertake in any way to provide the relevant Services.

All transactions necessary for the operation of the Payment Account, including services that allow for the deposit of money into the Payment Account and the withdrawal of money from the Payment Account ,

3.3.2. Direct debit transactions, including one-time ones, which involve the transfer of the Fund from the Payment Account of the payment service user at ÖHS, payment transactions made with a payment card or similar instrument, and money transfers, including regular payment orders,

3.3.3. Issuance or acceptance of the Payment Instrument,

3.3.4. Issuance of Electronic Money

Payment order initiation service offered in relation to the Payment Account in another PSP upon the request of the payment service user

3.3.6. Provided that the payment service user's approval is obtained, the service of presenting consolidated information regarding one or more Payment Accounts held by the payment service user at the PSPs on online platforms.

 

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

accepts and undertakes that he/she is competent to accept and conclude this Agreement regarding the Services offered by Wixxir and that he/she is over 18 ( eighteen ) years of age as of the date of acceptance of this Agreement. Wixxir may only open anonymous accounts for Users who are under 18 ( eighteen ) years of age without the approval of their legal representatives.

within their limits , that he/she will provide the information and documents requested from him/her for the provision of the Services promptly and accurately, up-to-date and completely, and that otherwise he/she will not be able to benefit from the Services and that he/she will be fully responsible.

4.3. Wixxir may take various verification measures to ensure the accuracy and up-to-dateness of the information provided by the User . The User accepts and declares that he/she will be responsible for any and all damages and liabilities arising from the information provided being incorrect or unclear, not being able to provide the time period for which the transaction should be made in timed transactions, or from the transactions carried out by Wixxir being erroneous for these reasons.

4.4. The User accepts and declares that he/she acts in his/her own name and on his/her own account, and that in case he/she acts on behalf of someone else and/or transfers his/her account with Wixxir to a third party and/or his/her identification information changes, he/ she will notify Wixxir of this situation in accordance with the relevant legislation including Law No. 5549 and will carry out the transactions requested by Wixxir within this scope. In case of non-compliance with this article, Wixxir will not be responsible for any erroneous, unauthorized and illegal transactions and may terminate or suspend this Agreement without paying any compensation.

enable third parties to access the Payment Account to be created with Wixxir, the Payment Instrument to which the account is associated, and the Sensitive User Data , and shall be personally responsible for ensuring their security. In this context, the User agrees that it will not disclose to third parties, will not allow to be used any information that may endanger the security of the Services, including but not limited to User Security Information, Personal Security Information, Identity Information, Sensitive User Data, and will not use this information for purposes other than its allocation, and that it will immediately notify Wixxir if it becomes aware that this information or the Payment Instrument it uses while using the Services is used by third parties, even against its will, or that the Payment Instrument is lost .

4.6. It is essential to use Turkish Lira in transactions to be carried out within the scope of the Services to be provided by Wixxir. In cases where one of the parties is abroad, foreign currency may be used to the extent permitted by the Legislation and Wixxir .

4.7. Regarding payments where one of the parties to the transaction is abroad, the regulations regarding the currencies used by the Users in performing the Payment Services are determined in the Decree No. 32 on the Protection of the Value of Turkish Currency, which was put into effect by the Council of Ministers' Decree No. 89/14391 dated 07.08.1989.

4.8. In order for minors to benefit from the Services, their legal representatives must approve them using the methods determined by Wixxir . The Electronic Money accounts of minors must be approved by their legal representatives and can be monitored through legal representatives. In cases where the User is a minor, the legal representative whose approval has been obtained in accordance with this article will also be provided with access to applications that allow the tracking of expenses made with the Payment Account, which is the subject of this Agreement, upon request.

4.9. Wixxir will provide a unique Identifier to the User for the services to be used within the scope of this Agreement . The User will use this Identifier to initiate or carry out the payment transaction. The same Identifier cannot be given to another user until 10 (ten) years have passed from the termination of this Agreement.

4.10. The User accepts that Wixxir is authorized to take all necessary measures due to transactions that it considers risky in accordance with the provisions of national and international regulations and rules regarding the fight against “money laundering”, “financing of terrorism” and “financing of proliferation of weapons of mass destruction” to which it is subject, that Wixxir may follow the recommendations, principles, standards and guides brought by national legislation and international organizations regarding the issues that it considers risky and carry out the necessary update studies, that Wixxir may not perform any transaction that it considers risky within this framework, and that for this reason, due to transactions considered risky, it may freeze or close the User’s Payment Account with Wixxir indefinitely, including but not limited to those listed here, that Wixxir may not perform the Payment Transaction, may return the incoming transfer amounts to their source and may not perform various similar transactions (such as opening an account, transferring funds and similar), including but not limited to those listed here.

4.11. Wixxir may temporarily or permanently close the User's Payment Account if there is a suspicion that the Platform or Services are being used in a way that is against the law, irregular, fraudulent or unauthorized. In the event of a temporary or permanent closure within the scope of this article, Wixxir will not inform the User and will not reopen the Payment Services and the application if there is a provision in the legislation that prevents the provision of information or if there are reasons that threaten security.

4.12. Users are responsible for not sharing any information that may endanger the security of their Wixxir account and Payment Instruments, especially Sensitive User Data, in all their activities including transactions and communications via the Platform, call center, e-mail support line, and other channels. Users undertake to act in accordance with the provisions of this Agreement, relevant laws, morality, decency and honesty principles in their communications with Wixxir and the use of Wixxir products, and not to engage in any actions that are unlawful, contrary to general morality including profanity and insult , reflect political views, are obscene, racist, discriminatory, disrupt public order or contain threatening elements. If the said commitment is not fulfilled, Wixxir may close the user's account indefinitely.

4.13. The User accepts that Wixxir may implement campaigns, loyalty programs and other applications in accordance with its own terms and conditions (“Campaign”), that it accepts the rules and conditions regarding the relevant applications in advance, and that it may use the points earned within the scope of the applications exclusively with the Recipients to be determined by Wixxir and within the periods to be determined by Wixxir . Users accept that they are aware that the conditions regarding the Campaigns will be determined by Wixxir on the Platform and other media and that they will benefit from the Campaigns by complying with these conditions; Wixxir reserves its rights in the event that Users do not comply with the relevant Campaign conditions . Wixxir reserves the right to cancel, revoke and delete the relevant points and campaigns without any reason.

4.14. The User accepts that it cannot perform transactions exceeding the transaction limit determined by Wixxir within the scope of the Agreement. Transaction limits will be determined by Wixxir and will be published on the Website. If the User requests an increase in the transaction limit and Wixxir finds this request appropriate, Wixxir may charge a fee to be specified on the Website to increase the transaction limit and may require additional identity verification processes introduced by Wixxir and required within the scope of the Regulation on Measures to Prevent Laundering Proceeds of Crime and Financing of Terrorism.

 

5. PROVISIONS REGARDING PAYMENT SERVICES

5.1. The provision of Payment Services is subject to the User's request or approval. The User is deemed to have accepted the terms and conditions notified to him/her in this Agreement, the relevant Legislation and/or at the stage when the Payment Service request or approval is given for the Payment Service he/she requests through the Platform. In order to avoid any doubt, it should be noted that, following the approval of this Agreement by the User, if the TCMB decides that it is necessary for the development of the payments field, it is not necessary to obtain approval and request from the User for the provision of additional payment services determined by the TCMB. Before the additional payment service is provided within this scope, the User is informed at least 30 (thirty) days in advance and if the User states that the additional payment service is not requested, the said additional payment service will not be provided.

5.2. Wixxir may determine different identification methods and different account types for its Users within the scope of the legislation and its own risk management policy. The Services offered by Wixxir and the limits and restrictions related to these Services may differ within the scope of the legislation and risk management policies. Wixxir may change or terminate the Services it offers at any time, entirely at its own discretion.

5.3. The Buyer is exclusively authorized to determine the fees for goods and services provided using the Payment Services provided under this Agreement and the conditions for the collection of these fees, and the User accepts that Wixxir has no responsibility in such matters between the Buyer and itself.

is obliged to compensate Wixxir for all damages that may be incurred by Wixxir due to claims that third parties may direct against Wixxir due to Payment Instruments used illegally .

5.5. User instructions, including payment instructions, shall be valid at Wixxir if the User enters the Platform with his/her username and password or gives a transaction instruction using the Payment Instrument and password information. The User can access the information that must be provided to initiate or carry out the payment transaction during access to the Wixxir account and at the time of the transaction after access, and this information requested by Wixxir will be entered by the User himself/herself.

5.6. The User may also give the Payment Order and its approval regarding the Payment Transaction via the Platform, via the Payment Instrument or, if Wixxir accepts, via other permanent data storage devices (text message, e-mail and any similar tools or environments). The Payment Order and approval regarding the Payment Order may be given before or after the Payment Transaction is carried out. The User's approval regarding the Payment Order may be express (express) or implicit (silence, non-objection, consent and otherwise implicit). The payment transaction shall be deemed to be authorized by the User entering the password of the Payment Instrument and/or entering the verification code sent to the User in the relevant field for the payment transaction to be carried out or by giving approval via the Platform or by giving approval via similar methods.

5.7. Payment Services are carried out through channels accessible via computers and mobile devices (smartphones, tablets, etc.) with internet connection. In order for the User to use the Platform , they must have a desktop computer, laptop, tablet, smartphone or similar device with an internet browser that can connect to the internet and allow browsing basic websites. In order for the User to use the Wixxir Mobile Application, they must use a smartphone that can connect to the internet. It is recommended that smartphones work with iOS and Android operating systems. The Mobile Application will need to be installed through the relevant application store for each mobile device. The phone must have the necessary memory to install the application. Wixxir may request that the Mobile Application be updated to improve customer experience. In the event that the Mobile Application is updated, the operating system on the smartphone used must be capable of allowing these updates to be made. While using Wixxir applications, the User is responsible for ensuring that the internet connection of their device is secure, installing and using virus protection software that ensures the security of the device, and taking the necessary precautions to prevent the device from falling into the hands of third parties. Wixxir will not be responsible for any damage that may occur due to unauthorized use or control of the device used by the User to access the Platform .

5.8. Payment Order The moment it is transmitted to Wixxir is considered as the moment the Payment Order is received. If it is decided that the Payment Transaction will be carried out on a certain day, the day agreed for the Payment Transaction shall be considered as the date of receipt of the instruction. The User acknowledges and declares that the Payment Order may be transmitted until 24:00 (00:00) excluding holidays , and that the Payment Order arriving later may be deemed to have been received by Wixxir - at the discretion of Wixxir - at the maximum on the following Business Day. In payments within the scope of this article, the User may withdraw the Payment Order until the end of the Business Day prior to the day agreed for the Payment Transaction to be carried out, but the User may not withdraw the Payment Transaction in question after authorizing Wixxir for the Payment Transaction .

5.9. In cases where a Payment Transaction is initiated by the Recipient, through the Recipient or by the Payment Order Initiation Service Provider, the Sender cannot withdraw the Payment Order after transmitting the Payment Order to Wixxir or giving approval in accordance with the method determined by Wixxir for the execution of the Payment Transaction.

5.10. Wixxir Payment Order is executed on the payment date agreed upon with the User, provided that the Payment Order is given at least 1 (one) day in advance . The day agreed upon for payment is considered as the time of receipt of the payment order. If the agreed day is not a Business Day for the sender's payment service provider, the payment order is deemed to have been received on the first following Business Day.

5.11. In the event that the User acts as the Sender and initiates a single payment transaction under this Agreement, Wixxir shall provide the User with information regarding the maximum completion time for the payment transaction and the total fees and charges to be paid. In the event that the User acts as the Sender, immediately after the Payment Order is received; (i) the reference information specific to the Payment transaction and information regarding the Recipient; (ii) the amount of the payment transaction in the currency in which the User's Payment Account is debited or in the currency specified in the payment order; (iii) a breakdown of the total fees and charges to be paid by the User for the Payment transaction; (iv) information on the exchange rate applied in the payment transaction, if any, and the amount of the payment transaction calculated using such exchange rate; (v) information regarding the date the Payment Order was received or the user's account was debited; and in the event that the User acts as the Recipient, after the payment transaction is executed; (i) The information that must be provided by the User in order for the payment transaction to be carried out or the password that allows access to this information, (ii) The amount of the payment transaction in the currency in which the User's Payment Account is credited, (iii) A breakdown of the total fees and commissions to be paid, (iv) The exchange rate or reference exchange rate applied to the payment transaction, (v) Information regarding the date on which the payment amounts are made available to the User will be provided to the User without delay. If the User requests, such notifications may be made at regular intervals to be determined by Wixxir, without being subject to any fee, in a manner that allows the information to be stored and used without being changed, and at a minimum of once a month.

5.12. If the amount of the Payment Transaction is not fully specified during authorization in a Payment Transaction authorized by the Recipient or initiated through the Recipient, and the amount of the Payment Transaction realized exceeds the amount foreseen considering the spending history, contract terms and other relevant issues, the Sender may request a refund in the amount of the Payment Transaction realized. A refund cannot be requested after the consumption of the purchased goods or receipt of the service. Wixxir may request the Sender to provide factual evidence regarding its request. The refund request must be made within 2 (two) months from the date the Payment Transaction was made.

5.13. Provided that the Payment Transaction is carried out in accordance with the reference exchange rate in the Agreement, the Sender cannot base the claim that the conditions in this article of this Agreement have occurred on reasons arising from the exchange rate.

Wixxir will accept the Sender's refund request within 10 (ten) Business Days from the date of receipt and make the full refund or reject it with its reasons and notify the legal remedies it can apply. This provision shall not apply in the cases specified in Article 5.13 of the Agreement.

5.14. If the approval for the Payment Transaction is given directly to Wixxir or the Sender is notified at least 1 (one) month before the payment is due , the Sender has no right to claim any refund for the Payment Transaction.

If Wixxir refuses to fulfill a Payment Order , it shall notify the User, to the extent permitted by the relevant Legislation, in writing, or via the GSM number, e-mail address or alternative channels (Call Center, internet, mobile etc.) specified by the User in this Agreement and its annexes, as soon as possible and in any case no later than the end of the Business Day following the receipt of the Payment Order, of the reason for the refusal and how the errors, if any, causing the refusal can be corrected. If the refusal is based on a justified reason, Wixxir shall have the right to charge a reasonable fee in accordance with the channel through which the notification will be made.

Faulty/Unauthorized Transactions:

5.16. The User is obliged to protect the Payment Account, Payment Instrument and password, Sensitive User Data securely and to take all measures to prevent the use of this information by others; to immediately notify the Wixxir Call Center or support e-mail address in case of any incident that raises suspicion of fraudulent or unauthorized use of the Payment Instrument, loss, theft of the Payment Instrument or if he/she learns that a transaction has been made against his/her will, and to have the Payment Instrument closed for use. The User accepts that Wixxir will be responsible for any damages that may arise due to the use of the payment interface , the Payment Instrument, the User payment data or the username and password by unauthorized persons without any fault of its own and/or use for purposes other than those given, as specified in this Agreement .

5.17. If Wixxir determines these conditions, Wixxir will automatically disable the Payment Instrument and inform the User about the reason for the closure in writing or via permanent data storage. If the User notifies Wixxir that the reason for the closure of the Payment Instrument has been eliminated, Wixxir will enable the Payment Instrument for use or provide the User with a new Payment Instrument upon request. Wixxir may charge a renewal fee if it provides a new Payment Instrument.

5.18. The User is obliged to notify Wixxir of any unauthorized or incorrectly executed payment transaction and request correction from the date of learning about it. In any case, the request for correction cannot exceed thirteen (13) months from the date of execution of the payment transaction. If it is determined that the transaction was executed without authorization or incorrectly, Wixxir shall immediately refund the incorrect amount related to the transaction to the User or restore the User's account. If the relevant transaction amount has been transferred to the Recipient or the Recipient's payment service provider as of the date of notification, Wixxir shall request the refund of the relevant amounts from the Recipient or the Recipient's payment service provider and transfer these amounts to the User .

5.19. In case of loss, theft or involuntary use of the payment instrument and/or password information, the Sender shall be liable for the amount up to 250 ( two hundred and fifty ) Turkish Lira arising from unauthorized payment transactions made within 24 hours before the notification made to Wixxir regarding the unauthorized or fraudulent use. The User shall not be liable for unauthorized payment transactions made after the notification. In cases where the User uses the Payment Instrument fraudulently and fails to fulfill its obligations in this regard intentionally or with gross negligence, the User shall be liable for all damages arising from this reason, without being limited to any period or fee. This article shall not apply to Users who are not consumers.

5.20. If the Buyer, the Buyer's Payment Service Provider or Wixxir has a justified belief that an unauthorized transaction exists, they may review the User's authorizations and may not accept the payment in case of suspicion of fraudulent transactions. The User will not have any right to claim in this case.

5.21. In case the amount is taken back from the Buyer and/or the Buyer's Payment Service Provider due to an erroneous and unauthorized transaction, the amount related to Wixxir's loss arising from the transaction may be deducted from the amount taken back without the need for any permission or notification.

5.22. If the User pays the Fund by credit card within the scope of the Payment Transaction, if the User wishes to withdraw this Fund, the relevant Fund can only be withdrawn by transferring it to the same credit card account. In cases where the User's credit card is cancelled before the refund, the refund of the Fund can also be made to a Payment Account opened in the name of the User who deposited the Fund. The User accepts that Wixxir may request additional information and documents and apply additional processes in case of a payment made to a Payment Account opened in his/her name.

5.23. Wixxir is responsible to the User for the execution of the Payment Transaction in accordance with the Payment Order . Wixxir is obliged to transfer the payment transaction amount to the Recipient's bank or payment service provider immediately from the date it receives the Payment Order and in any case by the end of the following business day at the latest; and if the User is the Recipient , to make the Payment Transaction amount immediately available for the User's use. If the payment amount is not sent to the Recipient's bank or payment service provider within this period or is sent by Wixxir in error, Wixxir will refund the amount that was not realized or realized in error to the User without delay or will restore the User's account. If the User requests Wixxir to explain the reason for the non-realization or incorrect execution of the transaction in question , Wixxir will conduct the necessary work to obtain the requested information and will be obliged to notify the User of the result it has reached . Wixxir is not responsible in any way for the transactions of the Recipient's bank or payment service provider. In case the services within the scope of this Agreement are provided defectively, the User is free to exercise one of the following rights: to request the re-performance of the Payment Service , to have the defect arising as a result of the Payment Service remedied, to request a discount in proportion to the defect, or to withdraw from the Agreement .

Open Banking

5.24. The User may benefit from the Account Information Provision Service and/or Payment Order Initiation Service through the Platform, within the framework of the conditions determined by Wixxir .

5.25. The User accepts that in order to benefit from Open Banking Services, he/she will act in accordance with the rules determined by HHS and Bankalerarası Kart Merkezi A.Ş. ( including transaction limits and transaction restrictions ); and that if he/she does not comply with the rules determined by the relevant institutions, he/she will not be able to benefit from the said services.

acknowledges that he/she is aware that the account information provided to him/her during the Account Information Provision Service is provided by the relevant HHS, and therefore Wixxir has no responsibility regarding the accuracy and completeness of the said account information.

5.27. The User accepts that the Payment Transaction instruction given within the scope of the Payment Order Initiation Service is fulfilled by the relevant HHS. In this context, Wixxir is not responsible for the late or incorrect execution of the relevant transaction or its non-completion at all. In such cases, the User will contact the relevant HHS.

5.28. The restrictions, charges and rules imposed by Bankalerarası Kart Merkezi A.Ş. or TCMB regarding the provision of Open Banking Services may be immediately reflected to the User without any notification .

agrees and undertakes to provide the User with information regarding the confirmation given by HHS, where the User's Payment Account is located , regarding the successful initiation of the Payment Order, immediately after the Payment Order is initiated .

5.30. In the event that an unauthorized or error-free payment transaction is initiated through Wixxir, the amount of the unauthorized payment transaction will be refunded to the User by HHS. Wixxir will not be held responsible for any damages arising from unauthorized payment transactions, unless the unauthorized payment transaction in question is due to any fault of Wixxir or an error in the infrastructure and services for which it is responsible.

5.31. The User acknowledges that, in the event that the Payment Transaction is initiated with his/her approval via Wixxir, he/she cannot withdraw the payment order after transmitting the payment order to the relevant HHS or giving approval to the relevant HHS in accordance with the previously determined method for the execution of the Payment Transaction.

5.32. Wixxir fulfills the following during the Payment Order Initiation Service;

5.32.1. The Sender may not hold the funds related to the Payment Order Initiation service in his/her possession at any time.

5.32.2. Ensures that the User's sensitive customer data cannot be accessed by parties other than those who create and use this data and that this data is transmitted through secure and efficient channels.

5.32.3. It ensures that other information obtained about the User during the Payment Order Initiation Service is transmitted only to the recipient, provided that the User's approval is obtained.

5.32.4. In each Payment Order initiation process, the sender introduces himself/herself to the institution where the payment account of the sender is located, and communicates securely with the Sender, Recipient and the institution where the Payment Account is located in accordance with the arrangements to be made by the Central Bank within the scope of Articles 31 and 59 of the Regulation.

5.32.5. Cannot store the User's sensitive customer data (Provided that the necessary security measures are taken and the Sender has given his/her explicit consent, the name of the Payment Account holder, the number of the Payment Account, the number of the Payment Instrument and other matters decided to be evaluated by the TCMB within this scope are not considered as sensitive customer data within the scope of this provision).

from the User other than the data required for the provision of the Payment Order Initiation Service .

5.32.7. As long as the sender gives approval, the sender may access, use and store the relevant data for the purpose of providing the Payment Order Initiation Service in accordance with the regulations on information security and confidentiality; it may not access, use or store any data other than for the purpose of providing the Payment Order Initiation service.

5.32.8. Cannot change the recipient, amount or any other feature of the Payment Transaction.

5.33. Wixxir shall fulfill the following requirements during the provision of the Account Information Provision Service:

5.33.1. It can only provide services for which the User has approval.

5.33.2. Ensures that the User's sensitive customer data cannot be accessed by parties other than those who create and use this data and that this data is transmitted through secure and efficient channels.

5.33.3. In each communication session, he/she introduces himself/herself to the institution where the payment account is held, and communicates securely with the customer and the institution where the payment account is held in accordance with the arrangements to be made by the Central Bank within the scope of Articles 31 and 59 of the Regulation.

5.33.4. Only the designated Payment Accounts and relevant Payment Transactions can be accessed.

5.33.5. It cannot request sensitive customer data regarding Payment Accounts (provided that the necessary security measures are taken and the User has given his/her explicit consent, the name of the Payment Account holder, the number of the Payment Account, the number of the Payment Instrument and other matters decided to be evaluated by the Central Bank of the Republic of Turkey within this scope are not considered as sensitive customer data within the scope of this provision).

5.33.6. As long as the User gives approval, the User may access, use and store the relevant data for the purpose of providing the Account Information Service in accordance with the regulations on information security and confidentiality; it cannot access, use or store any data other than for the purpose of providing the service.

6. PROVISIONS REGARDING CARD STORAGE SERVICES

6.1. The User's use of Card Storage Services is subject to approval.

Within the scope of this Agreement, the User shares his/her card information with Wixxir to be used for the purpose of facilitating payment transactions within the scope of the payment transactions to be made through Wixxir, and consents to the storage of this information by Wixxir or the supplier from whom Wixxir receives services for secure storage services until the user states otherwise. This shared information is limited to the bank to which the card is affiliated, the name and surname on the front of the card , the card number, and the expiration date.

6.3. The User accepts and undertakes that the information provided within the scope of this Agreement belongs to him/her, is true and correct, that he/she is solely responsible for all transactions made with the said cards , and that he/she bears all legal and criminal liability related to these transactions.

to Wixxir by entering the card number, expiration date and card security code information (if requested and in the requested manner) . The User who successfully adds a card will use their card in subsequent uses without having to enter any additional information. In this context; the User may store as many cards as they wish within the limits determined by Wixxir , at their own initiative , within the scope of card storage services. The User accepts that this Agreement is valid for the storage of all these cards and their use.

6.5. When the User wants to make a transaction with their card on one of the payment channels, if the relevant payment channel is integrated with Wixxir , information that will distinguish their registered cards (card nickname determined by the User, etc.) will be listed and they will be asked whether they want to make a transaction with these cards, and the transaction will be processed upon the approval of the Users . Wixxir may make changes to the transaction flow in the future and may introduce additional measures for the security of the User (password, one-time verification code usage, approval via the application, etc.). The User accepts and undertakes that they are solely responsible for the security and confidentiality of all passwords they will determine and use within this system , not to share their passwords with third parties, and that they are solely responsible for all transactions made with the credit card they have defined in the system.

6.6. In case the card registered with Wixxir is lost or stolen, the User is responsible for contacting the relevant card issuing institution and ensuring that the stolen card is closed.

6.7. The User is obliged to act in accordance with this Agreement and the applicable legislation during the use of the Card Storage Services. In the event of any suspicion of non-compliance by the User, Wixxir may immediately suspend the provision of the relevant service or terminate this Agreement . The User shall compensate Wixxir for all damages incurred by Wixxir as a result of non-compliance with this Agreement or legislation.

from the User at any time in order to ensure compliance with the applicable legislation , and the User agrees to comply with these requests, otherwise the Card Storage Services may not be provided as specified under this Agreement.

6.9. The Card Storage Services subject to this article may be offered free of charge by Wixxir, or may be subject to various campaigns or offered for a fee from time to time. The User accepts that he/she is bound by Wixxir's pricing policy as long as he/she uses the Service .

 

7. SPECIAL PROVISIONS REGARDING ELECTRONIC MONEY

Provisions Applicable in Cases Where the User is the Sender

7.1. Following the User's request to issue Electronic Money through the methods specified on the Platform , Wixxir will issue Electronic Money in the amount of the Fund and make this amount available to the User and provide a receipt showing the amount of Fund received in return for the Electronic Money issued. It will be conveyed to the User .

7.2. Unless otherwise stated in writing by the User, the rightful owner of the Electronic Money is deemed to be the legal owner of the Payment Instrument. Otherwise, the User He/she will be required to notify Wixxir in writing and may request the completion of the necessary identification and information provision within the scope of the Wixxir User Authentication procedure .

may request the partial or full conversion of Electronic Money into Funds through the Platform. Wixxir, unless it has a right or obligation to the contrary in the legislation, will carry out the transactions regarding the transfer of Funds in the amount of Electronic Money to the account with the IBAN number provided by the User within 1 (one) Business Day at the latest, following the complete transmission of all information including the IBAN number to Wixxir upon the User's request and, if necessary, the fulfillment of legal obligations.

7.4. In this case, the User accepts that a Fund conversion fee in the amount specified on the Platform will be deducted from the total amount to be transferred to him/her. If the amount requested to be refunded by the User and/or the monthly balance and/or usage amount exceeds the limits stipulated by the current legislation, he/she will be required to have an Identity Verification and detection performed, otherwise, no refund will be made to him/her until this detection is completed.

7.5. The responsibility arising from the loss, theft or seizure by third parties of Electronic Money products for which the activation process has not been performed belongs exclusively to the person who holds the property and Wixxir has no responsibility for any loss or damage in this case. During the activation process, Wixxir may request from the User , including but not limited to , TR ID No, name, surname and other identification information determined by Wixxir and/or required by the legislation, and may not complete the activation process if this information is not provided. Electronic money cannot be converted into cash, returned or changed without activation.

Provisions Applicable in Cases Where the User is the Buyer

7.6.      User, Wixxir It may issue Electronic Money in amounts equal to the amounts received from the Senders , this Electronic Money may be used in the purchases of goods and/or services to be made by the User , and in cases where Electronic Money is used, the remaining Electronic Money from the commissions, payments and other deductions to be made by Wixxir via Electronic Money shall be refunded . of The User accepts and declares that the amount will be transferred to the Payment Account at Wixxir.

7.7. The User may request through the Platform that the Electronic Money to be transferred to the Payment Account held with Wixxir be partially or completely converted into Funds in Turkish Lira at any time. Requests not sent through the Platform will be invalid. Wixxir, unless it has a contrary obligation pursuant to legislation, will convert the Electronic Money into Funds in Turkish Lira within 1 (one) Business Day at the latest upon receipt of the relevant request and send it to the User's Payment Account with the Payment Service Provider.

 

8. ESTABLISHMENT OF THE CONTRACT BY DISTANCE COMMUNICATION MEANS

8.1. In case this contract is established via Remote Communication Tool, the following regulations shall apply in addition to its other provisions. The authority to conclude the contract via Remote Communication Tool belongs to Wixxir – provided that the User gives approval .

may be established through any Remote Communication Tool that allows the establishment of a contract without the User and Wixxir physically meeting, including but not limited to the Platform, telephone, and e-mail message .

8.3. The User accepts that the information and documents he/she will send to Wixxir may be provided by Wixxir through methods such as mail, electronic mail and online video calls, a central structure deemed appropriate by the Central Bank of the Republic of Turkey or other innovative methods suitable for today's technology, and that he/she will fulfill his/her relevant obligations in accordance with these methods.

8.4. Any deficiencies or malfunctions related to and during the use of the Remote Communication Tool used by the User are the sole responsibility of the User . If the User notifies Wixxir via call center or e-mail about any malfunctions encountered during the use of the Remote Communication Tool, Wixxir will make reasonable efforts to eliminate the malfunction in the event of a problem originating from Wixxir.

8.5. Wixxir will store the information, documents and records obtained within the scope of the Remote Communication Tool until the purpose of processing is terminated in accordance with Law No. 6698 or for a minimum of 10 (ten) years unless a different regulation is included in the relevant legislation. The storage obligations arising from Law No. 5549 on Prevention of Laundering Proceeds of Crime and its secondary regulations remain in force.

8.6. Wixxir will conduct a risk assessment in accordance with the relevant legislation prior to the establishment of this Agreement via the Remote Communication Tool, taking into account the type and nature of payment transactions specific to the User, the magnitude of the financial and non-financial impacts, if any, the maximum transaction amount and the reliability of the User . Wixxir is solely authorized to decide on the establishment of this Agreement in the simultaneous physical presence of the parties based on the risk assessment result it will obtain. Therefore, Wixxir does not guarantee that it will definitely establish a contractual relationship with the User.

8.7. Wixxir is obliged to monitor the User, who is a party to the contract it has established with the Remote Communication Tool, in a different risk profile , and in this context, the User accepts that Wixxir is authorized to apply additional security and control methods to him, depending on the type and amount of transactions made with him.

 

9. TERM AND TERMINATION OF THE CONTRACT

9.1. This Agreement shall enter into force upon the electronic approval of the User, declaring that he/she understands and accepts the Agreement, or as of the date of physical signature, and shall remain in force unless one of the termination conditions specified in this article occurs. The Agreement may be terminated at any time by mutual written consent of the Parties .

the Agreement without paying any compensation by giving 1 (one) month's prior written notice . If the User terminates this Agreement before 1 (one) year from the date of signature of the Agreement , he/she will not pay any termination fee.

9.3. If it is determined that the User uses the Service offered by Wixxir for purposes contrary to the legislation , law or morality, including but not limited to Law No. 6493, Law No. 5549, or procures goods or services contrary to the law or morality and/or the transactions made are contrary to international regulations or any regulation and contractual relationship to which Wixxir and its business partners are subject, or within the framework of Wixxir's obligations arising from the legislation, this Agreement may be terminated by Wixxir immediately and without paying any compensation without giving any reason.

9.4. If Wixxir's operating license under the Law is terminated for any reason, this Agreement will be terminated without any compensation obligation based on the notification made by Wixxir.

 

10. FINANCIAL PROVISIONS AND TRANSACTION LIMITS

10.1. All fees and transaction limits to be paid by the User for the Services provided by Wixxir are available on the Platform. The said transaction limits, fees, expenses and commissions may be updated unilaterally by Wixxir.

10.2. Wixxir reserves the right to charge a fee for notification to the User in case of justified rejection of the Payment Order , request for the withdrawal of the Payment Order , recovery of the Funds subject to the erroneous Payment Transaction and other situations.

10.3. It is the User's responsibility to ensure that the Payment Account reported to Wixxir is up-to-date, open and usable . If the reported Payment Account is not registered in the User's name, no payment will be made to this account by Wixxir.

10.4. Wixxir may offset its receivables from the User within the scope of this Agreement from the payments to be made to the User without any notification . The User accepts, declares and undertakes in advance that it will not make any objection or demand in this regard.

 

11. PROTECTION OF PERSONAL DATA

Wixxir will process the User's personal data within the scope of this Agreement, within the scope specified in the disclosure text available at www.Wixxir.com . Wixxir may unilaterally change the rules regarding the processing of personal data from time to time. In this case, Wixxir will notify the User of the changed rules .

 

12. OTHER PROVISIONS

12.1. Wixxir has the right to make unilateral changes and updates to the Agreement and its annexes. Wixxir informs the User 30 (thirty) days before the relevant change enters into force, the scope of the change, the effective date and that the User may terminate the Agreement without paying any fee until this effective date . The User has the right to terminate this Agreement without paying any fee until the end of the 30 (thirty) day period. In this case, if the User does not want to accept the change and does not indicate that they do not accept the change, the relevant change will be deemed to have been accepted. If the relevant legislation provides a period shorter than 30 (thirty) days for any change required within the scope of the legislation, this matter will also be stated in the notification to be sent to the User and the period stipulated by the legislation will be applied instead of the period specified in this article.

12.2. The User may apply to Wixxir with their name- surname and Payment Account information regarding their complaints regarding the Services provided by Wixxir, as specified below. They may forward all complaints and objections regarding the issues within the scope of the Agreement to Wixxir's communication channels specified at the beginning of this Agreement. Wixxir responds to the User's complaints and objections regarding the Services within 20 (twenty) days following the application date, in a reasoned manner and in accordance with the application method.

Istanbul Anatolian Courts and Enforcement Offices are authorized for disputes arising from this Agreement . If the User is a consumer, the right to apply to authorized consumer arbitration committees and consumer courts is reserved.

12.4. The User has the right to apply to the arbitration boards established by the Turkish Payment and Electronic Money Institutions Association (TÖDEB) free of charge, in order to resolve disputes that may arise between the User and Wixxir within the scope of this Agreement, without prejudice to the application rights granted by the provisions of the Law on Consumer Protection No. 6502 and other laws. The application conditions to the TÖDEB arbitration board, the application form and other information can be accessed at www.todeb.org.tr .

12.5. The User cannot apply to the TÖDEB Arbitration Board for disputes between the User and Wixxir within the scope of the following issues:

  1. TÖDEB to be forwarded to the Arbitration Board within two years from the date on which the transaction or action in question occurred .

  2. Those that have been referred to the court or the Consumer Arbitration Board.

  3. General inquiries about Wixxir's personnel or the products and Services it offers.

  4. Disputes regarding transactions not yet processed by Wixxir

  5. Wixxir , the decisions taken by Wixxir

  6. Those that have been previously reviewed by the TÖDEB Arbitration Board and decided upon or are subject to a final court or Consumer Arbitration Board decision;

  7. Applications that have been resolved between Wixxir and the User, subject to the applicant's right to object;

  8. Applications other than payment service and electronic money issuance activities;

  9. Request subjects that are within the jurisdiction of the judicial court;

  10. Acts that are prescribed as crimes by law.

12.6. In cases where the User purchases the Services under this Agreement for professional and commercial purposes, the provisions of this Agreement regarding consumers will not apply to the User , even if the User has approved the Agreement .

12.7. The Parties cannot be held responsible for the failure of either Party to perform its obligations under this Agreement due to force majeure such as state of emergency, mobilization, earthquake, strike-lockout, lack of fuel, transportation, equipment or other goods and services, natural disasters, infectious diseases, export or import restrictions, fire, explosion, accidents, sabotage, civil unrest, decisions, guidelines or changes in legislation given by any regulatory and supervisory institution or administrative or judicial authority including the Central Bank of the Republic of Turkey, etc. The Party subject to force majeure shall immediately notify the other Party in writing and the Parties' obligations shall be suspended for the duration of the force majeure. When the force majeure is eliminated, the Agreement shall continue where it left off. The obligations of the Party whose rights are not fulfilled during the force majeure period shall also be suspended. If the force majeure lasts more than 30 (thirty) days, the Party whose rights are violated may terminate the Agreement without compensation.

12.8. Unless otherwise specified in the Agreement or the applicable legislation, all notifications to be made pursuant to the Agreement may be sent in writing, by voice or electronically. Wixxir shall periodically or without any time limit transmit the notifications it has undertaken within the scope of this Agreement or that are mandatory or necessary pursuant to the relevant legislation to the User via e-mails to be sent to the e-mail address registered with Wixxir or via SMS to be sent to the telephone number or via the call center telephone number of Wixxir listed above or via communication to be established from other telephone lines of Wixxir or via instant (pop- up ) messages that will appear on the screen through the application and similar methods.

12.9. The addresses specified within the scope of this Agreement are the Parties' legal notification addresses, and notifications made to these addresses will be deemed valid unless any address change is notified to the other party in writing.

12.10. The User will be able to access a copy of this Agreement free of charge from the Application and/or Website. If the User requests, a copy of the Agreement and its annexes and documents related to the transactions made will be provided by Wixxir for the specified fees.

 

13. ENFORCEMENT

This Agreement, consisting of 13 articles, entered into force on the date of signature, upon the electronic approval of the User , declaring that he/she understands and accepts this Agreement, or if signed physically.

 

 

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