Framework Agreement
A ODEME VE ELEKTRONIK PARA HIZMETLERI ANONIM SIRKETI
ELECTRONIC MONEY AND PAYMENT SERVICES FRAMEWORK AGREEMENT ON GENERAL TERMS AND CONDITIONS
- Parties
This Framework Agreement (hereinafter referred to as the "Agreement") has been signed between A ODEME VE ELEKTRONIK PARA HIZMETLERI A.S.; located at Esentepe Mah. Buyukdere Cad. Astoria Blok No.: 127/63 Sisli/Istanbul, (hereinafter referred to as "Morpara") and the real or legal person who has approved this Agreement to benefit from Morpara Services ("User") on the other side, in order to determine the general terms and conditions of continuous payment relationships. Hereinafter, Morpara and the User shall collectively be referred to as the "Parties" and individually as the "Party".
The Parties agree that this Agreement is a Framework Agreement for all agreements prepared or to be prepared regarding Morpara Services.
- Definitions
The terms used in the Agreement shall mean the following;
Express Assent: Consent defined in subparagraph (a) of the first paragraph of Article 3 of the Law on the Protection of Personal Data dated 24/03/2016 and numbered 6698, related to a specific subject, based on information and expressed with free will,
Recipient: The natural or legal person to whom the Fund subject to the payment and/or Electronic Money transaction is requested to reach and/or to whom the User makes payment by using Morpara Services to obtain goods or services,
Anonymous Prepaid Card: A physical and/or virtual prepaid card that can be loaded up to the limit determined within the scope of the legislation, allows spending up to the amount loaded on the card, has no credit limit, and is owned by Morpara,
Bank: Turkiye Cumhuriyet Merkez Bankasi A.S. (Central Bank of the Republic of Turkey),
Working Hours: 9.00 a.m. to 16.30 p.m. on Business Days
Digital Account Book: A payment instrument that is offered as an electronic device, online service or application where the information related to the Payment Account or Payment Instrument defined by the User is stored, and which enables the User to perform a Payment transaction using the information related to the Payment Account or Payment Instrument defined by the User,
Support Channel: All kinds of electronic/digital/ physical written and verbal channels published on Morpara's website, through which Users can communicate their requests and complaints regarding the Services provided by Morpara under this Agreement,
Direct Debit Transaction: Based on the consent given by the Sender to its Payment Service
provider, the Recipient or the Payment Service provider, the Recipient of the Payment Transaction initiated by the Sender and the Sender's Electronic Money Account is debited Payment service,
Electronic Money Account: Accounts where the issued Electronic Money is monitored and recorded by the User,
Electronic Money: A monetary value issued against the Funds accepted by Morpara and stored electronically and used to perform Payment Transactions defined within the scope of the Legislation and accepted as a Payment instrument by real and legal persons other than Morpara,
Invoice Payment: Payments made in return for the services provided to meet the needs such as electricity, telephone, water, natural gas and other payments deemed appropriate by the Bank,
Funds: Banknotes, coins, dematerialised money or Electronic Money,
Sender: A natural or legal person who makes a transaction using an Electronic Money account defined to a natural or legal person or who issues a Payment Order without using an Electronic Money Account,
Expenditure Appeal: Complaints and objections to be made by Cardholders regarding the use of the Card applications,
Sensitive Payment Data: Personal security information and personal data related to the Payment Instruments that are used by the User in the issuance of the Payment Order or verification of the User's identity and that contain all kinds of security measures including password, security question, certificate, encryption key and PIN, card number, expiry date, CVV, CVV2 and CVC2 codes that may allow fraud or fraudulent transactions if they are intercepted or changed,
Business Days: Any day except Saturday, Sunday and public holidays in Turkey,
Law: Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions,
Card: Prepaid Card and Anonymous Prepaid Card,
Cardholder: The User to whom the card is issued by Morpara,
Identificatory: Combinations and passwords consisting of numbers, letters or symbols, which Morpara has specific to each User in order to identify and distinguish them from other Users,
User: Payment Service User who has entered into this Agreement to provide the Payment Services specified under this Agreement,
Legislation: Law, Regulation, Communiqué and other relevant regulations issued by the Financial Crimes Investigation Board (MASAK),
Morpara Services: The services that Morpara provides to the User within the framework of the authorisation obtained from the Bank and listed in paragraph 1 of Article 12 of the Law, as well as the services related to the issuance of Electronic Money and the conversion of Electronic Money into Funds, Card transactions.
Morpara System: Pages, mobile applications, Electronic Money accounts and Payment tools offered by Morpara, which enable the realisation of Morpara Services, which are opened to the use and access of Users,
Payment Instrument: Personalised tool(s) used by the user for the Payment Order set between Morpara and the User,
Payment Order: The instruction given by the User to Morpara or the Payment Service Provider for the execution of the Payment Transaction,
Payment Account: The account defined and opened in Morpara on behalf of the user and used for the execution of the Payment transaction,
Payment Services: The following Payment and Electronic Money Services provided by Morpara within the framework of this Agreement hereby concluded by virtue of the authorisations granted by the Law;
- Opening a special IBAN for the account,
- Electronic Money Issuance, adding the money to the Morpara Account,
- Including Receivables Transfers, Realisation of Payment Transactions through any mobile application, Pre-Paid Card or similar means of payment,
- Issue of Prepaid Cards,
- Allowing cash withdrawal transactions from ATMs using Morpara Prepaid cards,
- and including, but not limited to, all services that Morpara will provide to the User within the scope of the Legislation,
Payment Service Provider: Banks, electronic money institutions, payment institutions and Posta ve Telgraf Teskilati Anonim Sirketi within the scope of Law No. 5411, excluding the Morpara,
Payment Transaction: The activity of depositing, transferring or withdrawing Funds upon the instruction of the Sender or Recipient,
Prepaid Card: The physical and virtual Card that the User receives by requesting from the Morpara mobile application or with the subsequent identification of the physical Card to the account, allowing cash withdrawal from ATMs or shopping through physical and virtual POS devices,
Communiqué: Communiqué on Information Systems of Payment and Electronic Money Institutions and Data Sharing Services of Payment Service Providers in the Field of Payment Services,
Representative: Real/legal persons acting on behalf of and for Morpara, who will ensure the provision of all kinds of services that Morpara will provide to the User,
Remote Communication Tool: Any equipment or platform that allows the establishment of the Agreement without physical confrontation, such as letter, catalogue, telephone, fax, radio, television, electronic mail message, internet, short message services,
Fee: Fees specified in Annex-1 of this Agreement and to be paid by the User in return for the Services provided by Morpara and which may be unilaterally changed by Morpara and which will inform the User in case of change,
Regulation: Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers,
Website: www.morpara.com
- Subject and Purpose of the Agreement
The subject of this Agreement is to determine the scope of Morpara Services to be provided by Morpara to the User within the scope of the Legislation and the rights and obligations of the Parties regarding these services.
This Agreement is a Framework Agreement that is determinative under all existing agreements to be prepared regarding the Morpara Services offered by Morpara.
- Declarations of the Parties
The User accepts and declares that;
- He/she has been informed about his/her rights and obligations in the Agreement within the scope of the Regulation by giving the Agreement to him/her in case it is made in writing before the establishment of this Agreement relationship, or by publishing it on Morpara's website or mobile application in case it is made by means of Remote Communication Tool
- He/she has made a request to Morpara for account opening and/or provision of Payment Instrument to be made through the Morpara System,
- He/she is obliged to submit the information and documents regarding the requested Services through the communication channels to be determined by Morpara,
- Morpara has the right to request all kinds of information and documents within the scope of the Legislation, including Name-Surname, TR Identity Number, Trade Name, Trade Registry Number, Address Information, Tax Number, Signature Circular, depending on whether Morpara is a real or legal person, and to decide how to transmit them within the scope of the principle of recognising the customer,
- He/she will act in accordance with the Legislation and general morality while using the Morpara System, otherwise Morpara may unilaterally limit or terminate any transaction, including the Payment Transaction, close the Payment Instrument for use, and cannot be held responsible for any damages arising from the User or third parties,
- Morpara may reject the request despite the provision of the above information and documents,
- Morpara has the authority to unilaterally determine the framework and limits of Morpara Services within the scope of the Legislation,
h) Morpara has the right to make changes in all Card transactions and connected transactions offered by Morpara to its Users depending on the Payment Service Provider,
- Morpara will request the Transaction Fees Information List, the details of which can be found in Annex-1 and on the website www.morpara.com, in return for Morpara Services and all kinds of transactions included in this Agreement in connection with these services,
- Morpara has the right to change the Fee at any time,
- Morpara has the right to make changes from time to time regarding the Transaction Fees Information List, the details of which are in Annex-1, provided that Morpara updates the Morpara System and informs the User, and that it will notify its Users of these changes within the framework of the Legislation,
- Morpara sends messages containing data, audio and video content for commercial and legal purposes such as discounts, advantages, benefits, information in order for Morpara to offer its products and services, to communicate regarding the product and service received or to be received,
On the other hand, Morpara accepts and declares that;
- it will fulfil all kinds of services and obligations to be provided to the User in accordance with the Legislation,
- it will comply with the information security obligations stipulated in the Legislation regarding the services provided under the Agreement,
- the information within the scope of the Agreement will not be shared with third parties in any way unless requested by any competent official institution, authority or authority, except for the cases clearly regulated in the Personal Data Protection Law No. 6698 and the relevant legislation and the Agreement.
- General Provisions for Morpara Services:
- The User will be able to benefit from Morpara Services through the User Account to be created at Morpara and/or the Payment Instrument to be allocated to him/her by completing the processes specified below.
- Morpara has the right to unilaterally decide the scope of Morpara Services, how these services will be provided, what methods will be used in providing these services, and to make changes in these methods when necessary.
- The expiry date of Electronic Money is 1 (one) year from the date of the last transaction. Expired Electronic Money loses its validity and the general provisions of the Turkish Code of Obligations shall apply to the Funds equivalent to this Electronic Money. All damages, losses and expenses incurred by Morpara due to the return of Electronic Money and within the scope of this Agreement shall be recourse to the User. In the event that the User has sufficient balance to cover such damages, such amounts shall be deducted from the balance.
- Morpara Services, provided that it is not contrary to the laws of the Republic of Turkey and the decisions of the official authorities, as announced by the Central Bank of the Republic of Turkey and the transaction can be performed in all currencies offered by Morpara to its Users.
The exchange rate to be used will be calculated by taking into account the daily bid/ask rate of the Central Bank of the Republic of Turkey and the bid/ask rates valid in the free market. Changes in the exchange rate used in the Payment Transaction are entered into the system and applied to be valid for all Users.
- After the user logs in to the Morpara System through the Identifier, he/she accesses the Morpara System by entering the confirmation password that will be sent to the mobile phone number notified to Morpara.
- The User shall perform the Payment Transaction by transferring the Funds to the Bank Account of the Buyer with the Payment Order. Morpara is authorised to request the minimum information regarding the execution of the Payment Transaction from the User.
- The User must enter all information requested by Morpara into the Morpara System in full, complete and accurate form for the realisation of the Payment Order. Morpara may request additional information to realise the Payment Order according to the nature of the service. Morpara is not responsible for transactions made based on incorrect information entered by the user. If Morpara incurs any damage and loss, loss of profit and expenses, including but not limited to, as a result of such errors caused by the user, this amount shall be paid to Morpara immediately by the User without the need for litigation and notice.
- The User gives consent to Morpara via the Morpara System regarding the commencement and completion of the Payment Transaction. The approval method(s) determined by Morpara in accordance with the Legislation are used.
- The User undertakes that the Payment Order is irrevocable after its receipt by Morpara. Morpara is not responsible for the User's actions contrary to this commitment. If Morpara incurs any damages and losses, loss of profit and expenses, including but not limited to, as a result of such errors caused by the User, this amount shall be paid to Morpara immediately by the User without the need for litigation and notice.
- The Payment Order is deemed to have been received as of the moment it is received by Morpara from the Sender (User). If this moment is outside of Business Days or if the Payment Order could not be delivered to Morpara within the Working Hours during Business Days in cases where the Payment Order is an EFT transaction, the first Business Days following the Payment Order shall be deemed to be received by Morpara. Morpara shall realise the User's Payment Order transaction within 24 (Twenty Four) hours at the latest after it is deemed received by Morpara.
- After each transaction carried out within the framework of Morpara Services, the Receipt Number / Transaction Reference Number and Recipient or Sender information, the amount and the currency in which the transaction is made, the exchange rate used in the Payment Transaction and information on the calculation method, fees and commissions to be paid, transaction description are presented to the User at the end of the transaction.
l) The Anonymous Prepaid Card to be offered by Morpara is allowed to be used up to the balance that can be loaded within the scope of the Legislation, which is account tracked on the basis of the number on it, which becomes available by prepayment or loading.
- Morpara Services is a payment service and electronic money institution and under no circumstances and conditions, the transactions subject to the Agreement may be carried out without charge at the discretion of Morpara.
- The User agrees that the transactions to be made in foreign currency shall be made at the reference exchange rates applied and offered by Morpara at the time of the transaction. Changes in the exchange rates applied by Morpara shall be applied immediately by Morpara with the approval of the User at the time of the transaction.
- Rights and Obligations of the Parties
Rights and Obligations of Morpara:
- Morpara may reject the Payment Transaction if the Payment Transaction is contrary to the Legislation, if it contradicts Morpara's commercial principles and policies, if there is doubt about the parties to the transaction and the authenticity of the transaction. In such a case, the user agrees, declares and undertakes in advance that he / she will not make any claim and / or declaration to Morpara.
- Morpara has the right to close the Payment Instrument for use with its unilateral decision in case of suspicion of fraudulent or unauthorised use of the Payment Instrument. Notification of such cases is made by e-mail and/or text message. In such a case, the user agrees, declares and undertakes in advance that he/she will not make any claim and/or declaration to Morpara.
- Morpara shall endeavour to equip the Morpara System with high security standards corresponding to the latest technical knowledge including encryption algorithms, to take the measures stipulated in the Communiqué published by the Central Bank of the Republic of Turkey and to ensure the matters specified in the binding provisions.
- Morpara may temporarily stop or limit the system for the proper functioning of the Morpara System. However, Morpara cannot be held responsible for the failure of Morpara Services to be realised on time due to problems arising from third parties. In such a case, the user agrees, declares and undertakes in advance that he / she will not make any claim and / or declaration to Morpara.
- Morpara shall receive the Fee in Annex-1 in return for the Morpara Services provided to the User. The Fee shall be accrued and collected with the use of Morpara Services. The current version of the Fee, the scope and details of which may be changed unilaterally by Morpara from time to time, will be announced on the Morpara website. If the User does not terminate this Agreement immediately despite the updated Fee, Morpara shall be liable for the period during which it continues to use the Services.
- Since the fees for the goods and services provided through the Morpara Services provided under this Agreement and the conditions for the collection of these fees are determined by the Buyer, who is the provider of the relevant goods and / or services, Morpara is not responsible for the fees and collections related to them, as well as any direct or indirect damages arising
from them. In such a case, the user agrees, declares and undertakes in advance that he / she will not make any claims and / or statements to Morpara.
- Morpara is authorised to unilaterally determine the limits of the transactions to be made within the scope of the Agreement or from the approved account whose identity verification process has been completed at any time. Such limits and updates are in the Morpara System and the limits for Users whose identity confirmation has not yet been made are as specified in the Legislation. Information on these issues will be made through the platforms preferred by Morpara.
- Morpara shall send the notifications to be made to the User under this Agreement to the e- mail, mobile phone or call the User via the call centre at the times specified in the Agreement. The User will be able to access a copy of this Agreement at any time at the web address www.morpara.com.
- Morpara may unilaterally change or update this Agreement and its annexes. A notification to the User 30 (thirty) days prior to the entry into force of the relevant amendment, including information on the scope of the amendment, the effective date and the user's right to terminate the Agreement, is made by e-mail, SMS or through the communication channels specified in this Agreement and / or through the Morpara System. In this case, the User will be able to accept the changes or terminate the Agreement by marking the confirmation function on the Morpara System that he / she has read and accepted the notification made. If the User does not terminate within 30 (thirty) days, the User shall be deemed to have automatically accepted the relevant change.
- Morpara shall ensure that the Identifiers that enable the Users to access the Morpara System shall be developed and made available as far as the technological conditions of the day allow.
- Within the scope of the Agreement, Morpara is responsible for transferring the amounts transmitted to it by the User correctly and in accordance with the Regulation to the Buyer or the Buyer's Payment Service Provider within the periods specified under the contract concluded with the relevant party. Otherwise, Morpara shall return the unrealised or incorrectly realised part of the Payment Transaction to the User without delay. In this context, in the event that the User pays any interest or fee, Morpara shall be responsible for the relevant amounts. In the event that the Payment Transaction is not performed at all or as required, the User is free to use one of the rights to re-see the service, to eliminate the defect arising as a result of the service, to discount the defect rate or to withdraw from the Agreement.
- If Morpara rejects a Payment Order, Morpara shall notify the User as soon as possible according to the previously agreed method and in any case no later than the end of the business day following the receipt of the Payment Order. It may be agreed in the Agreement that Morpara may charge a fee for the notification to the User if the rejection is based on a justified reason.
m) In the event that the User requests a Spending Objection, Morpara will be able to compensate the User for the entire loss arising therefrom without the need for any notice / notice or court decision in the event that the System Partner attempts to deduct any amount from the expenditure.
- Morpara will question the accuracy and authenticity of the documents provided by the User. Morpara has the right to terminate the contract immediately if it is determined that phishing, social engineering, behaviour under pressure by another party and similar fraudulent methods are used in this investigation.
Rights and Obligations of the User:
- The user may apply to Morpara in accordance with the Law No. 6698 on the Protection of Personal Data and request information about him/her; To learn whether personal data is processed, to request information if personal data has been processed, to learn the purpose of processing personal data and whether they are used in accordance with their purpose, to learn the third parties to whom personal data is transferred domestically or abroad, to request correction of personal data in case of incomplete or incorrect processing, to request the deletion or destruction of personal data within the framework of the conditions stipulated in the Law No. 6698 on the Protection of Personal Data, Pursuant to Law No. 6698 on the Protection of Personal Data, the User has the right to request notification of the correction, deletion and destruction of personal data to third parties to whom personal data is transferred, to object to the occurrence of a result to the detriment of the User by analysing the processed data exclusively through automated systems, and to demand compensation for damages in case of damage due to processing in violation of the Law No. 6698 on the Protection of Personal Data.
- Morpara may send a reasoned positive / negative response to the requests in this Agreement in written or digital media. If the transactions related to such requests require a cost, it is possible for Morpara to charge the User a fee based on the tariff determined in accordance with Article 13 of the Personal Data Protection Law No. 6698.
- The User agrees that he/she acts on his/her own behalf and on his/her own account, that he/she will notify Morpara in writing in accordance with Law No. 5549 if he/she acts on behalf of someone else, and that he/she will notify Morpara in writing if his/her identity, contact and other information subject to identification changes, and that Morpara may request identification / information provision based on the User's notification under this article. Otherwise, the User agrees and declares that Morpara shall not have any legal / criminal liability, including unauthorised, erroneous transactions, unfair, unlawful use of third parties, fraud, etc., and that it has the right to unilaterally terminate this Agreement.
- The User shall not allow third parties to access Sensitive Payment Data related to Morpara Services in any way and shall be personally responsible for ensuring their security.
- The User also agrees that he/she shall not disclose or make available to third parties any information related to the Payment Instrument and Sensitive Payment Data, including but not limited to information such as the User name and password related to the Morpara Services, and shall not use this information for any purpose other than the purpose for which it was provided to him/her. The User accepts, declares and undertakes that Morpara shall
not be liable for any damages that may arise due to the use of the Payment Instrument and
/ or Sensitive Payment Data by unauthorised persons or for use other than the purpose given. The User is obliged to immediately notify Morpara via the Support Channels in case of loss or theft of the Payment Instrument or if a transaction that has occurred against the will of the User is learned.
- The User may request the correction of the transaction by notifying Morpara without delay as soon as he/she learns about the Payment Transaction that he/she did not authorise or was performed incorrectly. In any case, the request for correction shall be made within 13 (thirteen) months from the execution of the Payment Transaction. If Morpara has not provided the User with all the information specified in the Regulation regarding the Payment Transaction, the User may request correction at any time regardless of this period.
- Notifications are made in writing or via Remote Communication Tool and records regarding notifications are kept by Morpara. In the event that the User claims that the User has not authorised a Payment Transaction or that the transaction has not been carried out correctly, the burden of proof that this transaction has been approved by the User, correctly recorded and processed in the accounts belongs to Morpara. In the event that it is proved that the Payment Transaction has been carried out without authorisation or incorrectly by the User, the User who has the title of Sender, in cases where the Payment service provider is Morpara, Morpara is obliged to immediately refund the amount related to this Payment Transaction to the Sender or to restore the debited Electronic Money Account to its previous status.
- In case of use of a lost or stolen Payment Instrument or use of the Payment Instrument by others due to failure to properly maintain personal security information, the User shall be liable for the damages arising from the Payment transactions that he/she has not authorised It is responsible for up to 150 TL. The User shall not be liable for any unauthorised Payment Transactions that occur after the User's notification. However, the User shall be liable for the entire loss arising from the unauthorised transaction in case of fraudulent use of the Payment Instrument and wilful or grossly negligent failure to fulfil its obligations.
- The User, who has the title of Sender, cannot be held responsible for the Payment Transactions that he/she has not authorised after the notification to Morpara due to the loss or theft of the Payment Instrument or any transaction that occurred against his/her will.
- The User with the title of Sender shall be liable for all damages arising from the unauthorised Payment Transaction in case of fraudulent use of the Payment Instrument or wilful or grossly negligent failure to fulfil the obligations set out in the relevant article of this Agreement regulating the rights and obligations regarding the Payment Instrument.
- For Payment Transactions where the Payment Order is issued by or through the Receiver, the Sender's Payment Service provider shall be responsible for the correct execution of the Payment Transaction if the Receiver proves that the Payment Service provider has correctly sent the Payment Order to the Sender's Payment Service provider. The Sender's Payment Service provider shall return the unexecuted or incorrectly executed part of the Payment Transaction to the Sender without delay and reinstate the Electronic Money Account. In the event of a non-executed or incorrectly executed Payment Transaction where the Payment Order is issued by or through the Recipient, regardless of whether the Recipient's Payment Service provider is responsible for the non-execution or incorrect execution of the Payment
Transaction, it shall, upon request, determine the reasons for the non-executed or incorrectly executed Payment Transaction and notify the Recipient of the outcome. Morpara shall be liable to its Users for the compensation of the interest and fees paid by the relevant persons as a result of the non-performance or incorrect realisation of the Payment Transaction.
- The User may, within 2 (two) months from the date of execution of the relevant Payment Transaction, request a refund up to the amount of the Payment Transaction, provided that the relevant goods or services have not been consumed, in the event that the amount of the Payment Transaction is not fully specified during the authorisation of the Payment Transaction authorised by the Buyer or initiated through the Buyer and the actual amount of the Payment Transaction exceeds the amount stipulated by taking into account the expenditure history, contract terms and other relevant issues. Morpara has the right to request the User to provide factual evidence regarding its request. However, in cases where the approval for the Payment Transaction is given directly to the User or the User is notified at least 1 (one) month before the date on which the Payment should be made, the User cannot claim any refund for the relevant Payment Transaction. In cases where a refund can be requested pursuant to this article, Morpara shall make the Payment within 10 (ten) business days or notify the rejection decision together with the reasons, indicating the legal remedies that the User may apply.
- The channels, goods and services through which Morpara Services can be used are determined exclusively by Morpara in accordance with the Legislation. Morpara may change these channels, goods and/or services at any time without any notification obligation. The user agrees that he/she shall not have any right of claim from Morpara in this context.
- The User accepts, declares and undertakes not to use the services provided under this Agreement for purposes contrary to laws and morals and for the provision of products or services contrary to laws or morals. In the event that the User violates this Agreement, especially this article, Morpara may suspend the Agreement and the services provided under the Agreement until the violation is resolved.
- International Money Transfer
Only payments made by Electronic Money Transfer, bank transfer or other electronic methods from an account opened in your name in a Turkish bank are accepted by Morpara. No other payment method such as cash, postal cheque or electronic cheque is accepted.
The Fund for the amount subject to the transfer may be kept in the currency in which it is transmitted to Morpara in accordance with the provisions of the Legislation by sending it to Morpara's bank accounts by the User or by converting it into the Fund determined by Morpara.
The User who wants to perform the Foreign Money Transfer Transaction will be able to perform the Foreign Money Transfer by selecting the country, currency and payment point to be transferred and providing all the information required by the national and international Legislation requested by Morpara.
The Payment Transaction must correspond to the total amount of the International Money Transfer Transaction, including the costs and fees specified on Morpara's Website. Morpara reserves the right not to proceed with the International Money Transfer Transaction and to cancel the transaction in question in the event that an amount different from that determined in
the International Money Transfer Transaction, including the costs and fees specified for the International Money Transfer Transaction, is credited to its account.
Each new Foreign Currency Transfer Transaction order placed on the Morpara System will be processed only if or after the User has sufficient Electronic Money balance in the User's Digital Wallet account. Then, after deducting the fees announced on the Website for the Foreign Currency Transfer Transaction, the Funds in the amount of the amount to be sent from the User's account will be converted into foreign currency and the transfer will be made to the Recipient. If the User wishes to send Electronic Money in foreign currency, it will be transferred to the Recipient after deducting the fees announced on the Website.
The User declares and undertakes that the information provided during the Foreign Money Transfer Transaction is correct and complete. The User accepts, declares and undertakes that Morpara and its business partners are not responsible for the Funds sent to a different Recipient due to the incorrect and/or incomplete information provided.
- Intellectual Property
The Agreement does not establish any intellectual property right transfer or licence agreement between the Parties. The use of any kind of intellectual property rights belonging to and/or used by each of the Parties is possible and limited only if there is an express written agreement in this context.
- Term of the Agreement
This Agreement shall enter into force on the date the account opening confirmation is transmitted to the User by completing the Morpara authentication steps. It will remain in force unless the conditions for automatic termination specified in the Agreement are met or unless one of the Parties terminates the Agreement.
- Breakage of Contract Terms and Cancellation
Morpara may terminate the Agreement at any time with a written notice 2 (two) months in advance without any compensation. If the User wishes to terminate the Agreement without any reason, he/she shall notify Morpara 1 (one) month in advance. In the event that one of the Parties violates the obligations of the Agreement and the relevant violation is not corrected within 7 (seven) business days despite the request transmitted by the other Party regarding the correction of the violation, the Agreement may be terminated immediately without compensation with a notice to be sent in writing by the Sending Party. In the event that Morpara terminates the Agreement for this reason, the user agrees, declares and undertakes in advance that he / she will not make any claims and / or statements to Morpara. In the event that it is determined that the User uses the services offered under this Agreement for illegal and immoral purposes, for the purpose of providing illegal or immoral products or services, and / or that the statements made in this Agreement are not true or act contrary to these statements, this Agreement may be terminated immediately by Morpara without any notice. In the event of termination of the Agreement by Morpara, Morpara may request the accrued receivable from the User and the return of the Payment Instrument. The User may terminate the Agreement at any time by notifying Morpara in writing 30 (thirty) days in advance and at the same time returning the Payment Instrument and paying the entire debt together with its accessories.
In the event that the Agreement is terminated for any reason, Morpara will not give the identifier
belonging to the User to another User for 10 (ten) years.
- Transfer
The User may not directly or indirectly, in whole or in part, transfer and assign the Agreement and the rights and obligations under the Agreement to others without the prior written consent of Morpara. Morpara may transfer and assign its rights, obligations, receivables and liabilities arising from the Agreement to third parties at any time and may use subcontractors or representatives other than those specified in the Agreement.
- Force Majeure
Human and natural disasters, war, mobilisation, fire, strike, lockout, temporary cancellation of the operating licence of the Central Bank of the Republic of Turkey of Morpara, war, mobilisation, fire, strike, lockout, temporary cancellation of the operating licence of the Central Bank of the Republic of Turkey of Morpara, which did not exist at the date of signature of the Agreement, which arise beyond the control of the Parties and which are unforeseeable and which occur in such a way and to such a degree that the Parties or a single Party's ability to work partially or completely, temporarily stops. The Party subject to force majeure shall immediately notify the other Party in writing and the obligations of the Parties shall be suspended during the force majeure period. When the force majeure is removed, the Agreement shall resume from where it left off. The obligations of the Party whose rights are not performed during the force majeure period shall also be suspended.
- Personal Data Protection
The User may send all kinds of information and documents to Morpara by means of electronic mail, fax or letter sent to Morpara through the electronic mail system, including written or verbal communications with Morpara through online channels including this Agreement, electronic mail, fax or letter sent to Morpara through the electronic mail system, information and documents shared through the telephone channel or directly with Morpara, and any other means, all personal data transferred to Morpara in other ways, including but not limited to personal data shared in writing or electronically, are collected by Morpara in part or in whole, by automated or non-automated methods, in accordance with the Law on the Protection of Personal Data, to perform and / or execute the activities of the Services and Morpara, to plan and / or execute the sales processes of the services, to develop and diversify products and services, to market and advertise products and services, to inform the relevant persons, to carry out the necessary work to benefit from these activities, to inform about products and services, to measure the satisfaction of users about products and services, to manage requests and complaints, to carry out the necessary quality and standard audits, to plan, supervise and/or perform information security processes, to determine and implement commercial and business strategies, to plan and/or perform business continuity activities, to follow the processes related to finance, accounting and invoicing, to follow legal processes, to ensure that the data is accurate and up-to-date, to ensure the security of Company operations, to ensure the legal, technical or commercial business security of real or legal persons who have a business relationship with Morpara, to ensure the legal, technical or commercial business security of real or legal persons who have a business relationship with Morpara and the User also accepts, declares and undertakes that those stated may be processed for purposes as in Company procedures.
Under this Agreement and Purpose, according to the forms filled in at an office belonging to Morpara or an authorised representative of Morpara or forms filled in electronically and in all
internet media including this Agreement shared on the website, Written and verbal dialogues with Morpara, written or verbal communications with Morpara through online channels, including the e-mail system, all kinds of information and documents by means of electronic mail, fax or letter sent to Morpara via the electronic mail system, the user accepts, declares and undertakes
- to prevent unlawful processing of Personal Data,
- to prevent unlawful access to Personal Data,
- to take all necessary technical and administrative measures to ensure the appropriate level of security to ensure the protection of Personal Data.
The parties shall not disclose the Personal Data obtained within the scope of the Agreement and the Purpose to anyone else in violation of the provisions of the Law No. 6698 on the Protection of Personal Data and the Agreement and shall not use it for any purpose other than the Permitted Purpose. Each party shall inform the other party as soon as possible about the breach in the event that Personal Data is obtained by others in violation of the Agreement or by unlawful means.
Morpara shares the personal data that it will process or may process and the rules and clarification text regarding this on the corporate website. The user declares that the rules regarding the Processing of Personal Data have been shared with him/her during the contract and that he/she has read the clarification text..
- Dispute Resolution and Competent Court
The Parties hereby agree that Istanbul (Central) Courts and Enforcement Directorates shall be the competent jurisdiction for the settlement of any disputes arising out of the interpretation and implementation of this Agreement.
- Severability
If any of the provisions of this Agreement are held to be unenforceable or invalid, such provisions shall be deemed to be unwritten and shall not affect or invalidate the other provisions. In the event that one or more provisions of this Agreement expire or are declared invalid by a final decision of a competent authority or are declared invalid due to conflict with a law, regulation or notification, the other provisions shall remain binding and in full force and effect. The provisions declared invalid and void shall be replaced by the provisions that are closest in meaning and scope to the originally agreed provisions.
- Amendments
The Parties may make changes to this Agreement by reaching an agreement in writing through the physical/digital channels determined by Morpara.
- Notification
The Parties hereby agree and undertake in advance that the addresses stated in this Agreement or in any agreement, declaration, notification and/or document to be signed/certified later and signed under this Agreement are their addresses open to notification and that any notification to be made to these addresses will be deemed valid and legal and that any changes in these addresses will be announced in writing to the parties to the Agreement within 30 (thirty) days, otherwise the notifications to be made to the addresses written in the Agreement will bind the
parties and will be accepted as valid legal notifications.
- Validity
This Agreement consists of 18 (eighteen) articles and each article has been read and understood by the User and entered into force on the date the account opening approval is transmitted to the User by completing the Morpara authentication steps.
ANNEX – 1 INFORMATION LIST OF TRANSACTION FEES
Transaction Type |
Transaction Fee |
Description |
Membership |
||
Membership |
Free of charge |
The process of becoming a member of Morpara Mobile Application. |
Account Opening |
Free of charge |
The process of opening an account from Morpara Mobile Application. |
Account Usage |
Free of charge |
The Morpara account usage fee. |
Money Loading |
||
Loading Money from Bank Account |
Free of charge |
The process of depositing money into the Morpara account from another bank account. |
Money Transfer |
||
Sending Money to Morpara Account |
Free of charge |
The process of sending money from one Morpara account to another Morpara account. |
Own Bank Account |
Free of charge |
The process of sending money from the Morpara account to your own bank account. |
To Someone Else's Bank Account |
Free of charge |
The process of sending money from a Morpara account to another bank account. |
International Money Transfer |
The fee specified in the transaction confirmation |
For transactions not specified in this list, during transaction confirmation, the transaction fee is specified and approval is obtained for the fee. |
Ask for Money |
||
Morpara Members |
Free of charge |
The process of requesting money from another Morpara account to your own Morpara account. |
Card Fee |
||
Morpara Card Fee |
This is free of charge, unless explicitly stated otherwise in the Card application. |
Your card will be sent to your address free of charge when applying from Morpara Mobile Application |
Card Usage Fee |
Free of charge |
Morpara card usage fee |
ATM Operations |
||
Domestic Cash Withdrawal and Money Loading |
%1,15+1,04 TL |
Refers to cash withdrawal and money loading transactions you can perform by using your Morpara Card from domestic bank ATMs. The specified transaction fee is charged to your account. |
International Cash Withdrawal |
3 Euro |
Refers to cash withdrawal transactions you will perform by using your Morpara Card from bank ATMs abroad. The specified transaction fee is charged to your account. |
Balance Enquiry |
0,28 TL |
The transaction fee is charged from your Morpara account during the balance enquiry process at domestic bank ATMs. |
Other Transactions |
||
Other Transactions |
It is determined at the time of the transaction. |
For transactions that are not included in the Transaction Fees Information List, approval is obtained by specifying the transaction fee during the approval of the transaction. |
I have read, understood and accepted the Electronic Money and Payment Services Framework Agreement on General Terms and Conditions of A Odeme ve Elektronik Para Hizmetleri A.S.