Terms and Conditions
TERMS AND CONDITIONS
These Terms and Conditions have been prepared in order to regulate the terms and conditions of the following one-time payment transactions between A Odeme Hizmetleri Anonim Sirketi ("Morpara") and the payment service user ("User") in accordance with Article 37 and further provisions of the Regulation on Payment Services and Electronic Money Issuance and Payment Institutions and Electronic Money Institutions.
The following information must be provided by the User to the Payment Institution in order to perform payment transactions within the framework of the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions (''Law'') and the Regulation.
1. Information to be provided by the User
Pursuant to Article 37 of the Regulation, the following information must be provided by the User to Morpara in full, complete and accurate manner in order to perform payment transactions.
Transfer Information
Reference No
Transaction Type
Currency Denomination/Amount
Sender Information
Name-Surname
Telephone/Fax No.
Electronic Mail Address
Address
Recipient Information
Name-Surname
Father’s Name
Telephone/Fax No.
Address
Country/City
Transfer Account Information
Bank Name
IBAN/Branch Code/Account No/Swift Code/Credit Card No.
Transfer Purpose
Source of Income
Occupational Details
Other Information
Purpose of Transfer
Source of Income
Occupational Details
2. Process Finalization Term
The finalization term of EFT Transactions are stated below;
EFTs received until 17:00 on business days are executed on the same day, and EFTs received afterwards or on days other than business days are executed on the next business day during EFT hours.
The finalization term of International Payment/Sending Transactions are stated below;
The transfer is ready for collection in the system within 5 minutes. Payment of the balance of the transfers to the recipient is the responsibility of the Payment Service Provider.
3. Fee Information and Fee Scheme
The following information is shared with the user before the transaction is made and is included in the receipt. The customer's signature is printed on the receipt.
Transaction Fee / Charge
Tax
Total Fee
4. Exchange Rate/Reference Exchange Rate Information
In addition to the transaction commissions, Morpara generates income due to exchange rate difference in case of foreign exchange rate application. In these cases, the customer is informed by using the exchange rates determined by Morpara.
5. Accuracy of Information on Payment Transaction
The User accepts and declares that all the information he/she has provided, including all the information he/she has provided regarding the Recipient regarding the payment transaction, is correct, and that any direct and / or indirect damages arising from the incorrect or incomplete nature of this information will be borne by him/her. Morpara cannot be held responsible for the non
execution or incorrect execution of the payment transaction in case the information provided by the user is incomplete or incorrect.
6. Order of Payment
Morpara shall be deemed to be authorised when the User's instruction to execute the payment transaction ("Order of Payment") is received by Morpara. The User is fully responsible for all consequences of the payment transactions realised in accordance with the Order of Payment given by the User. The User cannot claim any damages in these cases and cannot assert any claims to Morpara .
7. Payment Document
Pursuant to the second paragraph of Article 37 of the Regulation, a copy of the receipt shall be delivered to the User for payment service transactions performed at our service points.
8. Protection of Information and Unauthorised Usage
"Sensitive Payment Data" is any personal security information used by users to place payment orders or verify user identity, which, if intercepted or altered, may allow fraud or fraudulent transactions to be made on behalf of users. Sensitive Payment Data and other information shared by the User with Morpara during the transaction are stored and used for the purpose of providing the payment service and managing the related business. This information may be shared with the persons necessary for the performance of the transaction, such as the business partners, correspondents, invoice generating institutions, etc. of Morpara. The User accepts and declares that in case of suspicion of irregularity and/or fraud by Morpara , or at the request of the competent public authorities, the information may be shared with judicial and/or administrative authorities and/or Official Institutions.
9. Unpaying of the Payment Transaction
Pursuant to the first paragraph of Article 64 of the Regulation, once the payment order is received by the sender's payment service provider, it cannot be withdrawn by the sender unless otherwise agreed between the parties.
"Once the payment order has been received by the sender's payment service provider, it cannot be withdrawn by the sender, unless otherwise agreed between the parties."
In this context, with this Agreement, the User accepts and undertakes that the Payment Order given to Morpara cannot be revoked after it is received by Morpara .
10. Cancellation/Refund of Transfers and Expense Refund Process
Channels to Request Refund
A refund request can be made through the representative office, branch channels. Foreign Currency Transactions
It is checked whether the transfer is paid to the recipient through the intermediary institution. If the payment has not been made, the cancellation/refund process is initiated for the customer.
Refund requests made on the same day are evaluated in "cancellation" status. If requested on a different day, it is evaluated in "return" status.
Transactions considered as cancelled will be refunded with the cost.
The return process is carried out by Morpara depending on the working conditions and integrations of the intermediary institutions.
Transactions evaluated in return status are returned with or without charge in accordance with the following criteria.
Situations caused by staff error;
• This is a refund due to an error (wrong amount/ country etc.) caused by the representative staff. If requested, the expense will be refunded subject to approval.
Situations caused by system error;
• Refunds are made due to errors arising from Morpara's systems or the counterparty's system. If requested, the expense is refunded subject to approval.
Other reasons;
• In case of remoteness of the intermediary institution payment point; upon request, the cost will be refunded subject to approval.
• In case of exceeding the payment limit at the intermediary institution payment point; if requested, the expense will be refunded subject to approval.
• In case the intermediary institution payment point does not have payment authorisation; if requested, the expense will be refunded subject to approval.
• If a refund is requested due to a change in the name, country and amount of the recipient; the expense is refunded provided that the transaction is repeated. If the transaction will not be repeated, no refund is made.
Foreign Currency Payment Transactions
• Since our customer is not charged any costs during the return process of payment transactions, there is no refund of costs.
• The refund of the transaction amount is subject to approval.
• Payment transactions that have not been received by the recipient within 30 working days are returned without charge.
EFT (Electronic Funds Transfer) Transactions
• Provided that the EFT is not forwarded to the intermediary bank, it is refunded together with the cost.
• There is no refund of the transfer forwarded to the intermediary bank.
• For various reasons, while the EFT that is returned is paid to the sender; the amount sent by the bank (EFT may be returned in a different amount due to deductions by the receiving bank, etc.) is reimbursed without any charge.
11. Transaction on behalf of another person
According to Article 15 of Law No. 5549 on Prevention of Laundering Proceeds of Crime;
“Any person acting on his own behalf but on behalf of another person in transactions requiring identification to be carried out before or through the obliged persons shall be sentenced to imprisonment from six months to one year or to a judicial fine of up to five thousand days, unless he notifies the obliged persons in writing before carrying out such transactions.”
In this context, real persons and/or legal entities who have transactions requiring identification before Morpara within the framework of Law No. 5549, relevant regulations and communiqués, and who act on their own behalf but on behalf of someone else, are obliged to declare in writing on whose behalf and on whose account they are acting before making such transactions. In this respect, in cases where it is not declared that the transaction is made on behalf of someone else, it is accepted by Morpara that the User makes transactions on his own behalf and account.
Intellectual Property Rights
The User agrees and undertakes not to copy, reproduce, process, distribute or prepare or prepare derivative works or works derived therefrom and not to infringe the aforementioned intellectual property rights in any way whatsoever, and not to copy, reproduce, process, distribute or prepare any elements related to registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, code, information and method contained in the website and other documents of the Payment Institution.
12. Legislative Harmonization
Morpara carries out transactions within the framework of the rules and principles determined by the legislation to which it is subject and the official authorities under its supervision. In this context, there may be changes regarding the services provided in accordance with the rules and instructions of the legislation and / or authorised official authorities, which are not included in these Terms and Conditions text and / or the service may not be provided. The User accepts, declares and undertakes
that he / she knows this situation and that he / she will not make any rights and / or claims against Morpara in this regard.
13. Settlement of Disputes
Istanbul Courts and Enforcement Offices are authorised to settle any dispute arising from the application or interpretation of this Agreement.
I hereby declare that I am competent to perform the above-mentioned transaction within the scope of these Terms and Conditions and that I accept the transaction in accordance with the above information and provisions.