ININAL PAYMENT AND ELECTRONIC MONEY SERVICES INC. (ININAL)
Address: Kuştepe Neighborhood. Mecidiyeköy Yolu Street. Trump Towers Block No:12 Inner Door No:448 Şişli/ISTANBUL
ARTICLE 1: PARTIES AND EFFECT
1.1 This Ininal User Framework Agreement ("Agreement") is concluded between Ininal Payment and Electronic Money Services Inc. ("Ininal"), whose contact information is provided below, and the User.
Ininal Contact Information: Address: Mecidiyeköy Yolu Caddesi No:12 Trump Towers 2nd Tower Floor:9
Customer Contact Center Phone: 0850 311 77 01
Email Address: email@example.com
KEP : firstname.lastname@example.org
Within the scope of this Agreement, Ininal and the User shall be referred to individually as the "Party" and collectively as the "Parties."
1.2 This Agreement shall come into effect upon the User's acceptance, whether online/Remote Communication Tools or by wet signature. The User acknowledges, declares, and commits to accepting, stating, and undertaking that the use of Ininal services is subject to the provisions of this Agreement and its appendices, explanations on the website www.ininal.com referred to herein, and the provisions stipulated in the Applicable Legislation.
1.3 Ininal shall notify the User of any changes to this Agreement in accordance with the Applicable Legislation. In the event of any such changes, Ininal shall inform the User through email, SMS, and/or the Remote Communication Tools available to the User, and the revised Agreement will be published in the relevant accounts/internet sites accessible to the User.
ARTICLE 2: DEFINITIONS
In this Agreement;
When the terms described above are used in the plural form, the use of the plural form shall not affect their definitions, and the plural form of the term shall serve the same definition.
ARTICLE 3: SUBJECT OF THE AGREEMENT
This Agreement is concluded to regulate the terms for the User to benefit from Electronic Money and Payment Services provided by Ininal within the scope of the authorization received from BRSA and/or CBRT under the Law, as well as to define the mutual rights and obligations of the Parties within this scope.
ARTICLE 4: ININAL CARD FEATURES AND USAGE CONDITIONS
4.1 The Ininal Card is a prepaid Payment Instrument issued by the User for advantageous shopping from affiliated Merchant Points and for use in all other affiliated points of sale and transactions. It can be reloaded within the Transaction Limit specified by Ininal in accordance with Applicable Legislation from the loading points specified on the Ininal Website.
4.2 All kinds of announcements related to Card usage, information about affiliated Merchant Points, campaigns, point applications, charges, fees, and all other detailed information can be obtained from the Customer Contact Center or the Ininal Website. Ininal has the right to revise the fees on the Ininal Website at https://www.ininal.com/kart-ucretleri/ based on market conditions and economic indicators. The User is obliged to personally follow the pricing on the https://www.ininal.com/kart-ucretleri/ page of Ininal, as per the provisions of the Regulation on Principles and Procedures for the Collection of Fees from Financial Consumers, without the need for any additional notifications.
4.3 The Card does not have any name and/or any personal bank account linked to it. However, in case of a request for unlimited use of the Card by the User, and subject to identity verification and approval by Ininal, an Unlimited Card can be issued in the name of the User.
4.4 Both limited and unlimited use of the Card is available. Ininal has the sole right and authority to determine the Card limits based on the User's request and Ininal's evaluations. Ininal can update the Transaction Limit by making a change notification in compliance with the Agreement, or it can limit the usage limit according to Applicable Legislation without any notification. For unlimited use of the Card, the identity verification procedure must be completed in compliance with Applicable Legislation. It is at the discretion of Ininal to print and activate the Card in the name of the User that has been verified in compliance with Applicable Legislation.
4.5 When the ininal card is purchased, the initial password of the Card is the last 4 (four) digits of the 16 (sixteen) digit card number. The User is responsible for changing the Card password for transaction security. Details regarding the Card password and password change processes can be found on the Ininal Website. The User acknowledges and declares in advance that Ininal will not be held responsible for any malicious or unauthorized use arising from the User's failure to change the password (or sharing it with third parties, etc.).
4.6 Ininal is obligated to reflect the Payment Order to the Card in real-time. The User acknowledges in advance that once the Payment Order reaches Ininal, it cannot be revoked. In this case, whether the payment can be refunded is at the discretion of the relevant Merchant Point. To reverse the payment, the User needs to contact the Merchant Point where the transaction was made and submit a refund request to the Merchant Point.
4.7 The usage period of the Card is the duration indicated on the Card. If the expiration date of the Card has passed and there is a balance on the Card, the User can purchase a new card and transfer this balance to their account and/or virtual card within the ininal application.
4.8 If legally permissible within the scope of Applicable Legislation, the User may request a refund of the balance within the Card. Specifically, if the User provides the necessary documentation for the refund of the balance to the Customer Contact Center and passes the necessary security steps, the remaining amount after deducting the transaction fee from the balance within the Card will be refunded to the account/IBAN/Credit Card number specified by the User. A service fee proportional to the cost of this transaction will be charged from the User. The current fee information can be accessed from the Ininal Website.
4.9 If the User transfers, changes, etc. their registered GSM line in the system used during the purchase of the Card, the User is obliged to notify Ininal about this change through the channels and in the manner specified by Ininal. If necessary, Ininal may request all information and documents related to the change from the User.
4.10 Ininal reserves the right to update/change all fees in accordance with the notification period specified in Applicable Legislation regarding products/services and services. Current fee information can be found on the https://www.ininal.com/kart-ucretleri/ page. As per the provisions of the Regulation on Principles and Procedures for the Collection of Fees from Financial Consumers, the User is obliged to personally follow the fees on the https://www.ininal.com/kart-ucretleri/ page of Ininal, without the need for any additional notifications.
4.11 The User agrees to provide identity information to Ininal for the use of the Card. The User acknowledges that the information provided is accurate and up-to-date, and accepts that all legal, administrative, and/or criminal liability arising from inaccurate information is their responsibility.
4.12 - The User hereby declares and undertakes that, according to the applicable legislation, within the scope of the Agreement, in all kinds of Prepaid Card requests and transactions, the User will act in their own name and on their own behalf, will not act on behalf of others, and in the event that they act on behalf of themselves but on behalf of another party, the User will immediately inform İninal before the transactions are made about whose account the transaction was made to, the authorization status, and the identity information and documents regarding the real or legal entity whose account the transaction was made to.
4.13 Within the scope of the applicable legislation, the User can use the Prepaid Card within the accepted limits of İninal, either without mandatory identity verification or by performing the identity verification procedure, while considering the maximum limits that do not require mandatory identity verification for Prepaid Cards. In case the regulatory legal institutions change the limits within the scope of the applicable legislation, these limits will be updated ex officio / automatically. The current usage and loading limits of Cards without identity verification can be tracked by the User on the İninal Website.
4.14 Anonymous prepaid instruments can only be used for payment transactions where the holder of the anonymous prepaid instrument (the user) is physically present at the merchant's place of business and the anonymous prepaid instrument is physically used, and for payment transactions and invoice payment transactions related to purchases of goods or services to be made by service providers and intermediary service providers with Trust Mark. İninal will ensure the realization of transactions performed physically with anonymous prepaid cards and the purchase of goods and services within the scope of Trust Mark service providers.
4.15 For the User to be able to load/top up the Card for the second time and subsequent times, and to use the Card on 3D Secure supported internet and e-commerce websites, it is mandatory for the User to define and activate the Card on the İninal Website or through the Mobile Wallet application, and to complete other mandatory procedures. During the activation process, İninal may request necessary information for identity verification from the User, such as TCKN (Turkish Identification Number), foreign identification number, passport number, name-surname, and if these information are not provided, İninal may not complete the activation process. Electronic Money cannot be converted to funds, returned, and/or changed without activation.
4.16 The User can track transaction information related to the Card from their account on the İninal Website or through the Mobile Wallet application.
4.17 In terms of services provided within the scope of the contract, the User gives consent for İninal and its group companies to contact them, excluding commercial electronic communications, based on the reasons and purposes stated in the Disclosure Document located at İninal Website, and within the scope of this purpose and reasons, including the recording, storage, alteration, re-arrangement, classification, and processing of data. The User can give approval for electronic communications conditions through the application and can change their preferences at any time. İninal cannot make any decisions on behalf of the User regarding electronic communications conditions.
4.18 Matters Regarding Electronic Money;
4.18.1 Within the scope of the Agreement, İninal provides Electronic Money and Payment Services through methods specified and published on the İninal Website. The scope and content of these methods, the continuation of service through these methods, the addition of new methods, or the decision to not use certain methods are solely at the discretion of İninal.
4.18.2 Without the customer's consent and request, İninal cannot provide any service falling under the scope of the Law. If the customer decides to discontinue using a service, the service provision will be stopped immediately upon the customer's request, and the same service cannot be reintroduced without the customer's consent or request.
4.18.3 - The User declares and acknowledges that they will not make any claims against İninal regarding a Card that they haven't activated for Electronic Money products due to loss, theft, or third-party seizure, etc., and that İninal has no responsibility in this regard.
4.18.4 However, İninal always reserves the right, considering the User's benefit and maximum advantage, to change the payment scheme (Troy, Visa Electron, Visa, MasterCard, Maestro, Discover, American Express, etc.) without causing any User inconvenience. İninal's use of local or international payment schemes (Troy, Visa Electron, Visa, MasterCard, Maestro, Discover, American Express, etc.) is always at its discretion. The User cannot claim any damage due to a change in the payment scheme.
4.18.5 If the User requests the issuance of Electronic Money products, İninal will immediately issue the requested amount of Electronic Money and make the corresponding balance available to the User through suitable methods. Unless otherwise specified in writing by the User, the holder of the Electronic Money is deemed to be the legal owner of the line. In cases to the contrary, the User may be required by İninal to provide information and complete the necessary identity verification and/or information retrieval within the scope of MASAK regulations.
4.18.6 The responsibility for lost, stolen, or third-party seized Electronic Money products that have not undergone the activation process solely belongs to the person holding the ownership. İninal is not liable for the mentioned loss and damage. During the activation process, İninal may request all necessary information/documents from the User, and if this information/documents are not provided, İninal may not complete the activation process. The balance of Electronic Money products not activated cannot be converted to funds, refunded, and/or changed.
4.18.7 The expiration date of Electronic Money is 1 (one) year from the date of the last transaction. Funds with expired expiration dates lose their status as Electronic Money, and the general provisions of the Turkish Code of Obligations No. 6098 apply to these funds.
4.18.8 The User can request the conversion of a portion or all his/her Electronic Money into funds. Depending on the method used for exporting Electronic Money, the determination of the value date is within the discretion of İninal. In any case, the User agrees to pay the fees and service charges specified at https://www.ininal.com/kart-ucretleri/ if they request the conversion of these amounts into funds. İninal is authorized to determine the recommended sale amount and expiration date of the Prepaid Card.
4.18.9 Operational costs are deducted from the issued Electronic Coins on the Cards that are closed by the User via Mobile Wallet and Ininal Website or on the Cards that are not used by the User or whose expiration date has expired. Cards that are not used for 9 (nine) months within 1 (one) calendar year are closed and canceled, and operational costs are deducted from these Cards.
4.18.10 Fees varying specific to the Card, operational fees deducted from the User's card balance in case of inactivity according to the inactivity period, differentiated fees for money loading from contracted ATMs, electronic money return/withdrawal fees, fees and commission rates to be charged within a certain range per transaction for credit card balance loading via the Mobile Wallet application, The fees to be charged per transaction for balance top-up transactions by EFT, the fees to be charged per transaction for money transfers from the Mobile Wallet application and other platforms offering money transfer services using the Ininal infrastructure, and the fees to be charged for the conversion of Electronic Money into funds are clearly announced on the Ininal Website of Ininal. The User agrees to pay these fees and service charges. However, no fee is charged in case the User has no balance on the Card and in case the Card is inactive.
4.18.11 Cards with zero balance that are not in use and have not been traded for 3 (three) months shall be closed for use. Ininal may charge additional fees or update the fees in accordance with the Applicable Legislation for the processes such as conversion of Electronic Money into funds, return, etc. in accordance with the conditions.
4.18.12 Unless otherwise stated, the rewards promised by Ininal to the User cannot be more than 10 (ten) times the base reward under any circumstances, and the User cannot claim any right in this regard and cannot claim the right to use the reward. Unfairly used and transferred rewards will be deducted from the User's balance, canceled, and the User accepts and declares that they are used under these conditions, and it is at the disposal of Ininal whether the loaded reward is subject to prior or subsequent expenditure.
4.18.13 The User may request the partial or complete conversion of Electronic Money into funds at any time. Unless otherwise provided in the Applicable Legislation, Ininal will carry out the transactions regarding the transfer of the funds equivalent to the Electronic Money to the account with the IBAN number transmitted by the User within 7 (seven) business days following the complete transmission of all information including the IBAN number to be requested by Ininal upon this request of the User to Ininal and the fulfillment of other mandatory legal obligations, if any. In such fund requests and refunds, the IBAN information to be refunded must belong to the Line Owner.
4.18.14 In cases where Electronic Money is paid for with a credit card, according to the law, the refund of electronic money can only be made to the same credit card account.
4.18.15 The User accepts and declares that İninal has the right to convert foreign currency-denominated funds sent to their defined Account into Turkish Lira at the relevant foreign currency exchange rate or the rate determined by İninal, and that the funds will be transferred to the Mobile Wallet in the manner determined by İninal.
4.18.16 If one of the parties to the transaction is located abroad and the User located within the country is the recipient, and it is decided to conduct the payment in foreign currency, and if İninal transfers the money to the Mobile Wallet in foreign currency, the funds can remain in foreign currency for a maximum of one month. After one month, if there is still foreign currency in the Mobile Wallet, it will be converted into Turkish Lira at İninal's current exchange rate. If the User in the country is the sender, the funds can remain in foreign currency in the Mobile Wallet until the next business day at the latest. After the next business day, if there is still foreign currency in the Mobile Wallet, it will be converted into Turkish Lira at İninal's current exchange rate.
4.18.17 The User can only conduct payment transactions in Turkish Lira for transactions where both parties are resident in Turkey.
4.19 In case of theft, loss of the Card, or learning about any unauthorized transaction, the User must either close the Card through the Mobile Wallet application or web interface or immediately report to the Customer Communication Center. If the Card is canceled, the User can obtain a new Card. If there is a balance remaining on the Card:
The current list of legal entities to whom "İninal" has granted authorization as "Representatives" for providing payment services is available on the www.ininal.com website. İninal is not responsible for transactions conducted by the User with representatives not listed in the published list.
4.20 Approval for a payment transaction is given by entering the Card password before a transaction is carried out in physical purchases. For online transactions: (i) if the transaction is 3D Secure-enabled, approval is given by entering the approval code received on the User's registered mobile phone through the İninal Website or Mobile Wallet application, and (ii) for non-3D Secure transactions, approval is given by providing the Card information.
4.21. Although card usage is done in Turkish Lira, in case of usage in foreign currency, the exchange rate that will be reflected in the Card is calculated by adding a commission to the exchange rate applied by the card scheme at the time of the transaction. Changes in the reference exchange rate will be immediately effective. In accordance with the provisions of the Regulation on Procedures and Principles Regarding Fees to be Collected from Financial Consumers, the User is responsible for personally following the pricing on İninal's https://www.ininal.com/kart-ucretleri/ page without the need for any notification.
4.22 A copy of this agreement will be provided to the customer in paper form or through a permanent data storage medium upon the customer's request after the agreement is made, or it will be made accessible to the customer through the "İninal" application throughout the term of the agreement.
4.23 The current list of legal entities to whom "İninal" has granted authorization as "Representatives" for providing payment services is available on the www.ininal.com website. İninal is not responsible for transactions conducted by the User with representatives not listed in the published list.
4.24 FAST TRANSACTIONS
4.24.1 Within the scope of the Instant and Continuous Transfer of Funds (FAST) system operated by the CBRT, transactions can be carried out 24/7 to third-party bank accounts within the specified limits using the IBAN established on behalf of users within the Organization.
4.24.2 The FAST system has an upper limit per transaction. As of February 14, 2023, the upper limit for payments per transaction is 20,000.00 TL. Whether changes will be made to this limit after updates made by the Bank is at İninal's discretion.
Section 5: Liability Principles in İninal Card Usage
5.1 The entire responsibility for the received Card will be transferred to the User from the moment the Card is delivered or the moment the number of the Card is learned if the physical presence of the Card is absent.
5.2 The User agrees, declares, and undertakes to use the İninal Card within the usage conditions specified in Article 4. The User is solely responsible for any legal and/or criminal liability and obligation arising from the unauthorized use or fraudulent use of the Card beyond the usage conditions specified in Article 4. In cases where there are suspicions of fraudulent or unauthorized use within the scope of the contract, İninal may suspend the services provided to the User and deactivate the Payment Instrument. In this case, İninal will inform the User and when the reason for suspension is resolved, it will restore the services and Payment Instrument to the User's use. In cases of fraudulent behavior, breach of information security, unauthorized use suspicion, and similar risk situations arising from the User's actions, İninal may suspend the services provided to the User and deactivate the Payment Instrument. In this case, İninal will inform the User and when the reason for suspension is resolved, it will restore the Payment Services and Payment Instrument to the User's use.
5.3 The User acknowledges, declares, and undertakes that if the Card is used for purposes contrary to the Current Legislation and/or public morality and/or public order, and if this contrary use is due to the User's fault and/or if the User uses the Card in places related to gambling, tobacco and tobacco products, alcohol, +18 content, and other adult content purchases over the internet, then the User accepts, declares, and undertakes that all legal and/or criminal liability and obligation arising from such use is upon themselves.
5.4 İninal is obligated to establish and maintain an uninterrupted system to take necessary measures for the regular and secure use of the Card, as well as for notifications, requests, complaints, and objections. However, İninal cannot be held responsible for the non-realization of the transaction and its consequences due to force majeure such as technical breakdowns, cyber attacks, and similar situations.
5.5 The User is obligated to securely protect the Card, password information, or identity-identifying information necessary for the use of the Card, not share these details with others, and take measures to prevent their use by others. If these details are learned by others, or in case the activated Card is lost, stolen, or a transaction is carried out involuntarily, the User must immediately report through the channels provided by İninal (web, Mobile Wallet, or Customer Communication Center, etc.) and cancel the Card.
5.6 The User must not allow third parties access to the user account created at İninal or the Payment Instrument associated with the account, as well as sensitive payment data, and is solely responsible for ensuring their security. The User further agrees not to disclose, provide, or use information related to the Payment Instrument and Sensitive Payment Data to third parties, including but not limited to user account username and password, except for the purpose for which they were provided and not authorized by İninal. The User acknowledges, declares, and undertakes that in the event of unauthorized use of the Payment Instrument, Sensitive Payment Data, or username and password by unauthorized persons, without any fault of İninal, they will be responsible for any damage that may arise due to unauthorized use or use beyond the intended purpose. Failure by the User to securely protect password information, identity-identifying information necessary for the use of the Card, or unauthorized sharing of this information and failure to take preventive measures against their use by others will be considered as "User's fault". In case of the loss of the Payment Instrument, theft, or learning about a transaction carried out involuntarily, the User is obliged to immediately inform İninal through the Customer Communication Center.
5.7 The User can request the correction of unauthorized or incorrectly executed payment transactions by immediately notifying İninal from the moment they learn about such transactions.
5.8 İninal will respond to the complaints and objections related to the User's Card usage by prioritizing the User's application method, using its designated channels, and within the periods specified in the current legislation.
5.9 The evaluation of refund requests in expense objections by İninal can take between 45 (forty-five) to 180 (one hundred eighty) days. Depending on the rules and procedures of the Card Issuer Organizations both domestically and internationally, and the product type, place of transaction, transaction method, and whether the card was physically used or not, this period can vary.
5.10 İninal has no responsibility regarding the type, quality, content, quantity, price, defects, cancellations, returns, delivery, etc. of the goods or services to be obtained with the Card. Ensuring that the goods or services are legal and appropriate and delivered in full is the responsibility of the relevant goods or services provider / Merchant. The User acknowledges that İninal is not a party to any disputes that may arise between the User and the goods or services provider / Merchant, including but not limited to objecting to a transaction, requesting a return of goods or services, claiming faulty goods or services. The User agrees, declares, and undertakes that they will directly address claims, objections, questions, problems, complaints, and similar matters based on the Consumer Protection Law, the Turkish Code of Obligations, and related legislation to the relevant goods or services provider / Merchant, and that İninal has no liability in such matters.
5.11 İninal cannot be held responsible for any problems or complaints arising from the inability to use the Card or the failure to complete a payment transaction due to any issues related to the payment infrastructure of the internet and e-commerce websites where shopping is intended.
5.12 İninal reserves the right to make any correction and changes to the characteristics of the Card system, the Card, affiliated Merchants, İninal Website, and product pages on social media; it may also remove the product from the market. In this case, İninal has no legal or criminal liability and obligation towards the User. The User agrees, declares, and undertakes that in the event İninal exercises these rights, they will not make any claims against İninal under any name.
5.13 The User agrees that the information entered when opening a membership account is accurate and up-to-date, and that transactions and notifications made with the registered information are valid and binding for them.
5.14 The User agrees and undertakes to use the Card in compliance with the rules determined by national and international Card Issuer Organizations to which İninal is a member or will become a member, and acknowledges that they are subject to the rules of these organizations.
5.15 The User's Personal Data and Sensitive Payment Data are stored by İninal in accordance with PCI DSS.
5.16 The User agrees, declares, and undertakes to accept the fees related to usage and services, as described in https://www.ininal.com/kart-ucretleri/. Additionally, the User acknowledges, declares, and undertakes that İninal reserves the right to unilaterally change the pricing at any time. The User agrees, declares, and undertakes to accept the changes made in https://www.ininal.com/kart-ucretleri/ on İninal Website and updates made based on market conditions. In accordance with the provisions of the Regulation on the Principles and Procedures for the Fees to be Collected from Financial Consumers, the User is responsible for personally tracking the pricing on the page https://www.ininal.com/kart-ucretleri/ without the need for any notification from İninal.
5.17 In cases where the User is not of legal age, consent will be obtained from the legal representative of the User before the first issuance of prepaid instruments under this Agreement and the opening of Electronic Money Accounts. İninal may request additional information and documents from the User or their legal representative. In cases where the User is not of legal age, the legal representative, whose consent is obtained in accordance with this clause, will also be provided access to applications that allow them to monitor expenses made with the Electronic Money Account subject to this Agreement, upon request. This opportunity presented to the legal representative will end when the User reaches the legal age.
5.18 Authorization for Commencement of Payment Transaction: The payment transaction is deemed authorized when the User gives approval for the execution of the payment transaction. İninal is considered authorized when the instruction for the execution of the payment transaction is approved by the User through mobile wallet or remote communication tools. If there is a method agreed between the User and İninal, İninal will provide approval in accordance with the agreed method. An unapproved payment transaction in accordance with the agreed method will be considered unauthorized. After İninal is authorized by İninal, the transaction can be reversed unless the transaction is executed by İninal. In cases where the payment transaction is initiated by the payee or through the payee, the User cannot retrieve the payment instruction after submitting the payment order to İninal or approving the payment transaction.
Section 6: Fees
6.1 Card Sales Fee: The predetermined selling price for the Card purchased from affiliated sales points or the İninal Website. The payment method for the Card sales fee may vary on a point-by-point basis at affiliated sales points.
6.2 Card Loading Fee: The fee to be paid for each money loading transaction into the Card, based on the number of transactions or the transaction amount.
6.3 Monthly Usage Fee: The fee deducted automatically from the Card balance on a monthly basis as a usage fee for the Card.
6.4 Bill Payment Fee: The fee to be paid for each bill payment transaction, based on the number of transactions or the transaction amount.
6.5 Overseas Currency Transaction Commission: In foreign currency transactions, the foreign exchange rate applied by the card scheme to which the card is linked is calculated by adding an additional commission of 5% to the foreign exchange rate. On the other hand, depending on when the spending balances enter international clearing, the balance withdrawn from the Card may vary. All transactions and payments made in foreign currency are made in the relevant currency. However, if the Turkish Laws or regulations impose imperative provisions, payments from these accounts may be made in Turkish Lira without İninal's initiative. In any case, İninal acts in accordance with the relevant provisions of the Law on Protection of the Value of Turkish Currency, Capital Movements Legislation, and other laws and regulations related to foreign currency transactions. In such cases; the exchange rates and/or cross rates used for the conversion of different currencies ("arbitrage") are determined taking into account both the relevant provisions of the current laws and İninal's discretionary powers. The possible losses and damages that Users may incur as a result of these conversion transactions, taxes and fees, commission payments, etc. are the responsibility of the Users, and no compensation claim can be made to İninal in this regard. İninal may also carry out transactions, conduct transactions, and collect funds, taxes, fees, and commissions unilaterally and fully authorized (without the need for a prior User instruction or contrary to existing User instructions) within the scope of compulsory and imperative practices required by the relevant legislation or legal regulations. Users are responsible for any loss of rights that may arise as a result of such legal and compulsory practices, and no compensation or damage compensation request can be made from İninal in this regard.
6.6 Other Service Fees: Fees based on the number of transactions or amounts for other services.
6.7 İninal may charge up to the cost of this transaction, expense, or commission from the User if the User requests additional information, more frequent information, or different methods of communication than those foreseen in the framework agreement.
6.8 İninal may charge fees for notifications and transactions required to be made in a specific way in accordance with other relevant legislation up to the costs incurred.
6.9 Information about the fees to be paid by the User for the services offered under the Agreement and the applied fees is announced at the extension https://www.ininal.com/kart-ucretleri/ on İninal Website. The User accepts to pay the announced and current fees on İninal Website during the Card usage period in advance. In accordance with the provisions of the Regulation on the Principles and Procedures for the Fees to be Collected from Financial Consumers, the User is responsible for personally tracking the pricing/fees published on the page https://www.ininal.com/kart-ucretleri/ without the need for any notification from İninal.
6.10 İninal may unilaterally change the fees to be charged for products and services and transactions in accordance with the principles of changing the Agreement stipulated in the Effective Legislation and the amendments to the Agreement.
Section 7: Duration of the Agreement
7.1 The Agreement will come into effect on the date it is accepted by the User online / through Remote Communication Tools or signed with a wet signature, and unless the Parties terminate the Agreement as specified in the Agreement, it will remain in effect.
Section 8: Right of Withdrawal, Violation of the Agreement, Termination, and Consequences
8.1 The User has the right to withdraw from the Agreement without stating any reason and without paying any penalty within fourteen (14) days from the date of approval of the Agreement. For this purpose, it is sufficient for the User to notify the Customer Communication Center. İninal cancels the Card upon notification.
8.2 İninal may terminate the Agreement by giving notice seven (7) days in advance, at any time and without paying any compensation. In this case, the User must return the Card used within the scope of the Agreement.
8.3 In case İninal's activity permit under the Effective Legislation is terminated for any reason, the Agreement will be terminated by İninal upon unilateral notification without any compensation obligation on the part of İninal.
8.4 In case it is determined that the User uses the services provided under the Agreement for unlawful purposes, or for the purpose of procuring products or services that are contrary to law or morality, the Agreement may be terminated immediately by İninal.
8.5 The User agrees, declares, and undertakes that any and all penalties, expenses, damages, etc. (including all direct and indirect damages and sanctions that may be applied by the CBRT / BRSA, etc.) that İninal will be convicted of and/or exposed to due to the User's violation of the applicable regulations and provisions of the Agreement (without the need for any legal procedure), will be covered by the User within a maximum of 10 (ten) days following İninal's first written request.
8.6 The termination or expiration of the Agreement for any reason shall not eliminate the obligations of the Parties before the termination date. The confidentiality and information security obligations stipulated in the Agreement will continue after the termination or expiration of the Agreement.
Section 9: Protection of Personal Data
9.1 The User agrees, declares, and undertakes that the personal information provided during the establishment of this Agreement and during the provision of user services is accurate and up-to-date, and that they will inform İninal in a timely manner about any changes or updates to the information.
9.2.1 Personal Data shared during the establishment of the Agreement and produced during the provision of the service (excluding those related to health and sexual life); in particular, with the legal grounds in Article 5/2 of the KVKK, such as "(a) Explicitly stipulated by the laws", "(c) performance of the contract", "(ç) obligatory for the data controller to fulfill its legal obligations," along with the legal condition "(f) obligatory for the legitimate interests of the data controller, provided that the fundamental rights and freedoms of the data subject are not harmed" and the purposes specified in the User Information Text attached to this Agreement and also available on the internet site may be processed without explicit consent. In addition, for users originating from the European Union (EU), within the scope of the GDPR, insofar as they are appropriate for the same processing conditions, Personal Data may be processed without explicit consent for the purposes specified in the GDPR, including Article 6(b), (c), (e), and (f) and Article 9.
9.2.2 İninal, as a Payment Service Provider under Law No. 6493, may transfer Personal Data to any court, administrative institution, or organization (including, but not limited to, MASAK, Revenue Administration, BRSA, CBRT, and institutions that will replace them in the future) and other public institutions and organizations, in accordance with its legal obligations such as supervision and notification.
9.2.3 The User Information Text prepared by İninal regarding the processing of personal data in accordance with Article 10 of Law No. 6698 is available on the İninal website. By signing this Agreement, the User acknowledges that they have read and understood the Information Text.
9.3 The User has the right to learn whether their Personal Data has been processed, request information if Personal Data has been processed, learn the purpose of processing Personal Data, whether they are used in accordance with the purpose, learn the third parties to whom Personal Data is transferred domestically or abroad, and request correction of Personal Data if it is processed incorrectly. The User can exercise these rights in accordance with Article 13 of the KVKK by filling out the form on the website www.ininal.com and sending a signed copy of the form to the address Mecidiyeköy Yolu Caddesi No:12 Trump Towers 2nd Tower Floor:9 No:448 Şişli/Istanbul by mail or hand delivery, or by scanning the form and sending it via e-mail to email@example.com.
9.4 The User agrees to the sharing of user information, excluding Sensitive Payment Data and personal security information, with business partners (including all service providers) for reasons such as providing benefits to the User, creating personalized campaigns, and conducting promotional activities. This user information includes transaction information made with the joint card by the User. In addition, when the User makes a transaction using the İninal Card in retail or online sales, they approve the sharing of the user information entered during registration with the relevant business partners (including service providers) to the extent necessary for the payment to be made in compliance with legal requirements and the rules of the Card Issuing Institutions, and with relevant System Partners (including banks and financial institutions) who must also make a separate transaction for the realization of the relevant transaction.
9.5 The User, limited to the purposes and reasons stated in the Information Text on the İninal website, approves communication with the User for customer relationship management and transactions related to the Card subject to this Agreement, within the framework of Article 6(b), (c), (e), and (f) of the GDPR, (including all processing activities such as recording, storing, modifying, reorganizing, classifying, or other forms of processing) that İninal and its group companies will carry out (provided that it does not include commercial electronic communications), without needing to obtain explicit consent.
9.6 The Customer will provide their consent for receiving commercial electronic communications through the application and will be able to change their preferences at any time. For reasons related to products and services outside the scope of this agreement, İninal will comply with the procedures and principles set out in the Electronic Commerce Regulation on sending commercial electronic communications.
Section 10: General Provisions
10.1 Effective Date; This Agreement will come into effect upon the User receiving the Card from the relevant points or opening an account to create their virtual card through online/Remote Communication Tools. The customer acquisition processes carried out through Remote Communication Tools are subject to the regulations of the CBRT and MASAK. Within the framework of these regulations, İninal uses internet-based methods that allow the verification of customer identity and ensures at least the conditions specified in the relevant legislation.
10.2 Processes conducted through Remote Communication Tools are recorded in a way that includes all steps and the data obtained is stored in compliance with the Law, Regulation, this Communiqué, and other relevant regulations.
10.3 For one-time payment transactions that do not require identity verification within the limits determined by the T.R. Ministry of Treasury and Finance Financial Crimes Investigation Board and are not subject to continuous business relationship, and where the process of information, contract, receipt, and similar documents is carried out using a Remote Communication Tool, the above provisions are not mandatory. The User acknowledges, declares, and undertakes that the use of the Card is subject to the provisions and conditions stated in this Agreement. After the approval of this Agreement, İninal will send a copy of the Agreement to the User's defined email address and will have the Agreement available for access on the İninal Website at all times.
10.4 The use of the Remote Communication Tool and any deficiencies or interruptions that occur during its use are solely the responsibility of the User. In case of notifying İninal of any defects arising from İninal during the use of the Remote Communication Tool, İninal will make reasonable efforts to remedy the defect. The User undertakes that all information and documents provided to İninal regarding the establishment of a remote framework agreement are correct, up-to-date, and complete. İninal will use appropriate methods to check the accuracy and authenticity of the information and documents provided by the User in accordance with the applicable legislation and technology of the day, and if it is determined that the information and documents provided are incorrect, İninal will not be able to provide services to the User.
10.5 İninal is obliged to monitor the User with a different risk profile under the remote communication tool and the User accepts that İninal is authorized to apply additional security and control methods to itself depending on the type and amount of transactions made with it.
10.6 Intellectual & Industrial Property Rights; The User agrees and undertakes not to use any elements of İninal's title, business name, trademark, patent, logo, design, code, information, and method, whether registered or unregistered, on any website or different platform without the approval of İninal, and not to copy, reproduce, process, distribute or prepare derivative works from them or infringe the intellectual and industrial property rights mentioned in Law No. 5846 on Intellectual and Artistic Works and Law No. 6769 on Industrial Property. In case of unauthorized use arising from İninal's intellectual and industrial property rights, the User accepts and declares that they will immediately cease the violation and compensate the damage caused by this use, including third-party claims, to İninal, immediately and upon the first request.
10.7 Force Majeure; İninal will not be liable for delays caused by force majeure, extraordinary circumstances, cyberattacks (such as changes in relevant legislation or administrative actions), or errors in the transaction without its own fault, or for any damages resulting from them.
10.8 Changes; İninal has the right to make any changes to the features and fees of the Card, and will publish the revised agreement, Card features, and the current fee table on the İninal Website at https://www.ininal.com/kart-ucretleri/. The User is responsible for monitoring fee information. İninal will notify the User of the scope of the change and/or the effective date of these changes in the Agreement and/or the Card features. The User has the right to terminate the Agreement without any additional fees until the effective date. If the User does not exercise their right to terminate within the effective date, the User will be deemed to have accepted the change. Furthermore, İninal reserves the right to unilaterally change or update the Agreement and the explanations referred to in the Agreement and which is an integral part of the Agreement. However, İninal reserves the right to change or update the Agreement and the explanations referred to in the Agreement and which is an integral part of the Agreement. However, any changes or changes that will result in a change in the terms of the Agreement or changes to be made in practice in accordance with the obligations determined or to be determined by the legislation will be notified to the User within 30 (thirty) days before the effective date of the relevant changes, including the scope of the change and/or information regarding the User's right to terminate the Agreement. In this case, the User may terminate the Agreement if they wish. If no termination notice is given within the 30-day period, the User will be deemed to have accepted the change. In this case, the User acknowledges that they have no right to make any claims from İninal. If a period of less than 30 (thirty) days is given in the relevant legislation for any necessary change, this will be specified in the notification to the User, and the period specified in the relevant legislation will be applied instead of the period specified in this clause.
10.9 Transfer & Assignment; The User cannot assign or transfer their rights and obligations arising from this Agreement, in whole or in part, to third parties.
10.10 Notifications & Notices; The User must update any changes to their contact information through the channels notified by İninal or on their membership record; otherwise, notifications to the User's old contact information will be considered valid.
10.11 Evidence & Records; The electronic and system records, commercial records, ledger records, microfilm, microfiche and computer records kept by Ininal in its own database, servers shall constitute evidence in any dispute regarding the use of the Card under the Agreement, and the Parties to the Agreement agree that this article constitutes an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
10.12 Competent Court; Istanbul Çağlayan Courts and Enforcement Offices are authorized to resolve any legal disputes arising from this Agreement.
10.13 Compliance; Within the scope of the Agreement, the User declares in advance that he / she acts / will act on his / her own behalf and account during any transaction, instruction and movement, and that he / she does not / will not act on behalf or account of another legal or real person. In cases where the User acts on behalf of or for the account of another person, in accordance with Article 15 of the Law No. 5549 on the Prevention of Laundering Proceeds of Crime, the identity information of the legal or real person on whose account the transaction is made shall be immediately and in writing notified to Ininal. The User also agrees in advance that if he/she transfers his/her line registered in the system to a third party and/or if his/her identity, contact and other information subject to identification changes for any reason, he/she will notify Ininal immediately and immediately in writing without delay and that Ininal may request additional/new identification/information based on the User's notification under this article. Otherwise, the User agrees and declares that Ininal shall not be liable for any legal / criminal liability, including any unauthorized, erroneous transactions, unfair, unlawful use by third parties, etc., and that Ininal has the right to terminate the Agreement unilaterally and immediately for just cause.
10.14 Users can make a written application to İninal within a maximum of 2 (two) years from the date of occurrence of the transaction or action that is the subject of dispute related to the services provided by İninal and that arises from the User's personal matters (thus not falling within the scope of commercial activity). Applications, within 20 (twenty) days from the application date; if not responded to, within 20 (twenty) days from the end of the 20 (twenty) day period that must be responded to, if the User's application has been negatively answered or if the response provided is not considered sufficient by the User, the User has the right to apply to the TÖDEB Individual Customer Arbitration Board in accordance with the Regulation Regarding the Principles and Procedures of the TÖDEB Individual Customer Arbitration Board within 60 (sixty) days from the response date.
10.15 You can access the application form for the TÖDEB Individual Customer Arbitration Board through the link below or from the website www.todeb.org.tr. The form can be electronically submitted via the website www.todeb.org.tr after filling in the relevant information and uploading the necessary documents. https://todeb.org.tr/hakemheyetibasvuruformu/
10.16 You can find detailed information about the application to the TÖDEB Individual Customer Arbitration Board by clicking on the "Security" section at the bottom of the website www.ininal.com. Additionally, you can review the Information Brochure.
This Agreement comes into effect with the "systematic approval" or "signature" by the User, and/or the signing of the "User Limit Increase Request Agreement," stating that the User understands and accepts this Agreement in accordance with the provisions of Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications.
I declare that I am competent to sign this Agreement and perform the aforementioned transaction within the framework of the information and provisions stated above, that I have read and understood the Agreement, and that I accept the processing of the transaction within this scope.
This Framework Agreement is prepared in Turkish and English. The English version is prepared for informational purposes only and is not binding for the Parties; only the Turkish version is binding for the Parties. In case of discrepancies between the Turkish and English versions of the Agreement, the Turkish version shall prevail.