Mobilexpress Services Terms and Conditions

Dear User,

By subscribing to Mobilexpress through Mobilexpress service channels - www.mobilexpress.com.tr (“website”), mobile site, mobile applications, SMS operations, payment pages / screens (bill, e-commerce), other alternative channels or the channels belonging to member merchants of Mobilexpress, and / or carrying out operations via these channels/using their services or infrastructure, you hereby agree and declare that you have read the below terms of use, understood their content and accepted and approved their conditions.

Mobilexpress is entitled to amend the Mobilexpress Services Terms and Conditions (“Contract”), cancel existing provisions, add new provisions or add new services to those regulated under the contract, change or suspend either partially or fully the existing services, and to suspend / cancel either temporarily or permanently user’s subscription / access to and use of services without a justification, at any time. Any new versions to emerge after potential changes to be made to the contract shall be declared to users using their contact details stored on Service Channels, the web site or Mobilexpress and become valid following approval. Users that are subscribed to Mobilexpress and / or using Mobilexpress Services and Service Channels are deemed to have accepted and approved the provisions of the current Mobilexpress Services Terms and Conditions.

For contracts provided under different channels, the main version published through www.mobilexpress.com.tr (“website”) shall be valid as the most current contract in case of potential delays in updating or any discrepancies in versions due to potential errors.

The payment infrastructure service provided by Mobilexpress does not refer to the Payment Service defined under the Law No.6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions. At no stage of the transaction does the payment go through Mobilexpress. The payment is transmitted to the member merchant via Virtual POS terminals that belong fully to the member merchant. In case of Mobilexpress achieving the license and any permissions necessary to provide the Payment Services defined under the Law No.6493 or any other type of financial services in the future, this statement may be altered accordingly. In such a case, this Contract will remain valid with all the provisions and articles with no change.

MOBILEXPRESS
The Mobilexpress Services Terms and Conditions (“Contract”) regulates the process of making notifications required for structure as well as provision of the service, obtaining users’ consents for collecting, storing and using their personal information and the mutual rights and obligations of the users and Mobilexpress during the time period in which the users are provided the services and may be provided the services in the future via contact points of the member merchants that are integrated to any kinds of Mobilexpress service channels and Mobilexpress infrastructure by utilizing Mobilexpress’s below-mentioned main features.

The main features of Mobilexpress services are as follows:
- - Mobilexpress services are based on the principle that users save their payment card (credit, debit, prepaid cards etc.) details under Mobilexpress' highly secured systems once and then the payment is carried out by Mobilexpress via banking systems through the user’s registered payment card (credit, debit, prepaid cards etc.). . During the payment, no sensitive information regarding your payment card (credit, debit, prepaid cards etc.) is shared with the member merchants
  - Mobilexpress systems are compliant with PCI DSS LEVEL 1 which is the world’s highest standard in terms of payment card (credit, debit, prepaid cards etc.) data and transaction security. Mobilexpress’s systems are periodically audited and tested by specially authorized institutions, the system’s constant security is controlled through regularly conducted tests and confirmed with an on-site audit carried out once a year.
  - Mobilexpress collects the user’s payment card (credit, debit, prepaid cards etc.) details for once only, through the connection protected with the highest encoding level certified by the SSL EV.
  - The sensitive information of the registered payment cards (credit, debit, prepaid cards etc.) are not displayed to employees of Mobilexpress or the member merchants.
  - The user may delete his / her personal and payment card (credit, debit, prepaid cards etc.) details from the system at any time.
  - Unless declared otherwise, Mobilexpress membership and use of services are free of charge for the users and not binding and do not require any encumbrance.
  - MOBILEXPRESS Company Details: Net Satış İletişim Danışmanlık A.Ş. Address: Yıldız Posta Cad. Yıldız Residence No:24 Daire:15 Gayrettepe/İstanbul. Phone: 0212 264 50 75. Email: info@mobilexpress.com.tr Central Civil Registration System No (MERSİS No): 0631064198400024
DEFINITIONS
In this Contract, the below terms shall have the following meanings:

Mobilexpress: The name of the platform on which the services of secure storage of payment card (credit, debit, prepaid cards etc.) details (also known as card-on-file), E-commerce Payments, Bill Payments, Mobile Shopping and all kinds of Online Payments and Collections at Mobilexpress and Mobilexpress’s member merchants by use of stored payment card (credit, debit, prepaid cards etc.) details and/or card details manually entered by user during the payment, as well as any other services that are provided or might be provided in future through Net Satış İletişim ve Danışmanlık Ticaret A.Ş’s relevant main features and infrastructure.

Mobilexpress Services (“Services” or “Mobilexpress Infrastructure”): All types of existing services (online e-commerce payments, online payments, recurring payments, automatic payments, scheduled / preapproved payments, bill payments made online or by SMS or Smart SMS, mobile shopping / product orders and payments with SMS or QR code) which are regulated in detail in this contract and are based on the users’ stored payment card (credit, debit, prepaid cards etc.) details under Mobilexpress’s secured systems and/or or user’s manually entered payment card details during the payment and subsequently performance of the payment in the Service Channels (at Mobilexpress or member merchants) directly via member merchants’ POS terminals -without sharing any sensitive card information with the member merchants during the transaction-, as well as any other services that might be provided in future by Mobilexpress.

Service Channels Mobilexpress service channels - www.mobilexpress.com.tr (“website”), mobile site, mobile applications, transactions with SMS, member merchants’ (company/institution) payment pages/screens, existing channels and other alternative channels through which services can be provided in the future as well as all channels and contact points of the member merchants that are related to or integrated with the Mobilexpress infrastructure.

User (or “Customer”): All real and legal persons that use and view the Service Channels, subscribe to Mobilexpress and/or make transactions at Mobilexpress and/or use Mobilexpress’s services and infrastructure.

Member Merchant: All types of private/governmental organizations and institutions which have made agreements with Mobilexpress in order to provide Users with E-commerce Payment, Bill Payment, Instant Mobile Shopping and other Mobilexpress services and infrastructure through Mobilexpress, which make online or offline product and service sales and which collect payments of bills, subscription fees, donations and etc. The member merchants may provide the users with the Mobilexpress services and infrastructure as well as carrying out transactions such as inquiries, data registration, sharing, calling/retrieval and etc. with respect to providing the foregoing within their own channels and processes by ensuring integration with Mobilexpress systems that they provide the Users and/or by directing the Users to Mobilexpress Service Channels for the relevant services, based on the existing business model they have between them and Mobilexpress.

Mobilexpress Customer Services: The name of the unit which provides support regarding Mobilexpress Services, Users’ right of termination and withdrawal, campaign/promotion details and other User demands and to which Users may access through the email address:info@mobilexpress.com.tr, the phone number: +90 212 264 50 75, and the communication forms provided under Service Channels or the current communication methods declared.

User Personal Information: The member details, ID details and relevant identifying information (Turkish Republic ID Number, Turkish Republic Citizen Number, Tax ID No, Passport No, Driver License No and etc.), address details, member merchants’ (organization/institutuion) membership and subscription details, payment card (credit, debit, prepaid cards etc.) details, phone number, email address and other communication details provided to Mobilexpress by Users via Service Channels during the subscription process to use the Mobilexpress services and infrastructure or while using the services, all information with respect to transactions, payments, user behavior and habits which emerge during use of Mobilexpress services or infrastructure as well as all technical information such as user devices, scanners, IP, location details, operation system and etc. which emerge during access to Service Channels.

Card Organizations: Banks, payment organizations, electronic money organizations, payment card (credit, debit, prepaid cards etc.) providers and secured payment structure providers as a whole, which are established in compliance with the principles determined regulatory organizations, particularly, with the regulations of the BRSA (Banking Regulation and Supervision Agency) and/or The Central Bank of the Republic of Turkey, which - when required - obtained a license, and which is responsible for at least one of the following: payment with payment card (credit, debit, prepaid cards etc.), confirmation transactions and security transactions.
1. GENERAL PROVISIONS
1.1. Users hereby agree and declare that they were informed by Mobilexpress of Mobilexpress’s name, trade name, full address, phone number and other communication details, the main features of the service which is the subject of the contract, payment method, costs and amount of the service -if determined-, etc. as well as all preliminary information with respect to the Services, use of and the method of using the right of “withdrawal”, and the authorities before which they can submit their complaints and subjections, in a way that is clear, comprehensible and compliant with the legislation, that they confirmed these preliminary information on the electronical platform and that later they registered their personal information for subscription and/or use of Services.

1.2. Yıldız Posta Cad. NET SATIŞ İLETİŞİM VE DANIŞMANLIK TİCARET ANONİM ŞİRKETİ (hereinafter to be referred to as “Mobilexpress”) residing at Yıldız Posta Cad. Yıldız Residence No:24 Daire:15 Gayrettepe İstanbul, was established according to the Turkish laws, has the Central Civil Registration Number (MERSİS No) 0631064198400024 and was registered with trade registry number 648770. The services bearing the names Mobilexpress or Net Satış, which are provided in Service Channels, are provided by Mobilexpress.

1.3. By subscribing to Mobilexpress and/or carrying out transactions and/or using its services or infrastructure via the Service Channels, the User agrees and declares that they have read the contract provisions herein as well as the terms of use, understood their content and accepted and confirmed them.

Mobilexpress is entitled to amend the Mobilexpress Services Terms and Conditions (“Contract”), cancel existing provisions, add new provisions or add new services to those regulated under the contract, change or suspend either partially or fully the existing services, and to suspend / cancel either temporarily or permanently user’s subscription / access to and use of services without a justification, at any time. Any new versions to emerge after potential changes to be made to the contract shall be declared to users through Service Channels or their contact details registered under Mobilexpress and become valid following approval by the Users. Users that are subscribed to Mobilexpress and / or using Mobilexpress Services and Service Channels are deemed to have accepted and approved the provisions of the current Mobilexpress Services Terms and Conditions.

For contracts provided under different channels, the main version published through www.mobilexpress.com.tr (“website”) shall be valid as the most current contract in case of potential delays in updating or any discrepancies in versions due to potential errors. The terms and provisions of the Contract herein cannot be changed by any unilateral declaration by the user.

1.4. The User agrees and declares that any orders, consents for transaction, approvals or any kind of notifications given or demands made in writing, by voice, clicking, dialing, typing, selecting, marking and any kind of digital or physical methods in compliance with the Law on the Protection of Electronic Commerce through Mobilexpress Customer Services and Service Channels was given and made by them, and that such approval as well as all transactions conducted upon such approval are binding for the User.

1.5. Mobilexpress Services cannot be deemed as payment services, electronic money transfers or banking services; but basically, they rather have the status of intermediary services carried out in order to safely store the payment card (credit, debit, prepaid cards etc.) details and to provide technical infrastructure for the payments to be made to the member merchants. At no stage of the transactions carried out via the service channels does Mobilexpress hold an amount/fund which belongs to the customer or the member merchants in its account. In case of Mobilexpress achieving the license and any permissions necessary to provide the Payment Services defined under the Law No.6493 or any other type of financial services in the future, this statement may be altered accordingly. In such a case, this Contract will remain valid with all the provisions and articles with no change.
1.6. Access to Mobilexpress Service Channels, Mobilexpress membership and use of Mobilexpress Services are free of any charges. Mobilexpress reserves its right to make changes in these terms and conditions in the future, and to claim the fees that it shall determine either for some or all of the services and content that it provides, on condition of submitting them for the User’s approval.

No fees shall be charged from the Users for the transactions carried out via SMS nor any SMS sent to Users by Mobilexpress (the short number is “3570”). The standard fees and tariffs applied to the users’ respective phone lines by the relevant GSM operators for any SMS sent by Users to Mobilexpress (its short number is “3570”). These fees and tariffs are determined according to the operator contract between the GSM operator and the user, and Mobilexpress stands as the third party with respect to these parties.

1.7. By using Mobilexpress Services and accessing to the Service Channels, Users agree and declare that they are over the age of 18, that they meet the minimum age and any additional criteria required by the laws to use the relevant financial means and services, that the ID, address and communication details they provided to/have registered under Mobilexpress are correct and belong to them, that the payment cards (credit, debit, prepaid cards etc.) they use for Mobilexpress Services belong to them or that they have the authority and consent required from the card owner and the relevant bank/institutions to use it in the related payments. Mobilexpress is neither liable nor obliged to investigate the accuracy of information and contents provided by User, or to undertake and warrant the reliability, accuracy legitimacy of such information and content. In the event that third parties or competent authorities make any allegations against Users of fraud, theft or excess of power/consent, the User acknowledges and agrees that Mobilexpress shall not be a party to such disputes and that they shall compensate any loss or damage that may occur if Mobilexpress incurs any lawsuits or proceedings due to this reason.

The User shall be liable for the relevant pecuniary loss and intangible damages, criminal liabilities and the consequences to arise from any kind of direct or indirect adversities in the event of failure to meet at least one of these conditions mentioned above, providing / registering misleading information, either with good faith or malicious intentions, impersonating another person or a non-existing person, carrying out transactions or communicating on behalf of others, engaging in misleading/misguiding activities that render difficult the detection of ID / location / IP / and similar determinative information of the person carrying out the transaction, using payment cards (credit, debit, prepaid cards etc.) without consent and authority, and causing loss or damages for Mobilexpress, member merchants, business partners, 3rd parties/institutions and other users by using similar methods. In such a case, Mobilexpress reserves its right to seek legal remedies required for the User’s criminal liability.

In the event of any complaints, legal proceedings and enforcement proceedings as designated by the laws Mobilexpress reserves the right to provide, upon request, any authorities that execute the legal proceedings as well as any third parties and institutions that suffer from damages with the relevant user’s personal information, transaction history, IP / location / device / and similar identifying information registered under Mobilexpress. In such case, the user shall not be entitled to claim any rights.

1.8. Mobilexpress agrees, declares and undertakes that the Users’ Personal Information which the Users have registered for the payments they shall make and transactions they shall carry out is stored in its systems with maximum security and in compliance with the international security standards and statutory requirements, and that, upon the users’ request, the registered information shall be made available in the Service Channels for payment purposes without the sensitive payment card (credit, debit, prepaid cards etc.) details being shared with the member merchant during the transaction./p>
Mobilexpress warrants that it has met all requirements relating to infrastructure, software and legislation for supplying the services it shall provide, that it has made this in compliance with all relevant binding global and local standards and rules, that it continuously keeps the infrastructure as well as all requirements for this structure updated, that it has taken all the security measures imposed by law, and that it has had all the required audits in this regard conducted regularly and/or allowed such audits be conducted.

Mobilexpress agrees, declares and undertakes that security of all data and Personal Information including payment card (credit, debit, prepaid cards etc.) details, which are, pursuant to this Contract, collected by the member merchants upon the users’ approval, applying the required security measures and technologies in the Service Channels, and are transferred to it via a secured connection (such as SSL), shall be under Mobilexpress’s responsibility as from the time they are transferred to it.

The User shall be personally responsible for the secure transfer of the data they have shared as a conscious consumer to the Mobilexpress system through member merchant pages. Regarding the security of the information and data stored in its system, Mobilexpress cannot be held responsible for the Users and the terms of use determined under this Contract or the unavailability of the environment at the time the card information was transferred to the system, failure to show the required care for security, acquisition of secure access and identifying information as well as devices by third parties, inclusion of a security gap such as a virus/trojan/keylogger and etc. by the device, network, connection and system, in case the channel in which the information is registered/shared is a bait/fake (Phishing and etc) platform pretending to be Mobilexpress or a Member Merchant channel or the Service Channel used belongs to the member merchant instead of Mobilexpress, inclusion of a security gap by the channel and connection (failure to provide efficient/adequate SSL protection, software/codes allowing malicious attempts, failure to apply sectoral security standards that are established in e-commerce in the company’s systems, access to or acquisition of Users’ Personal Information by the employees / business partners or concerned persons, etc.) and the risk that may arise as well as any consequences with respect to material liability, intangible damages and criminal liability, and compensation liability.

1.9. Mobilexpress shall not have any responsibility for the services and content provided within the scope of Service Channels and by the Member Merchant and/or third parties, independently of Mobilexpress Services. Any warranties regarding accuracy and legitimacy of information, content, visual, written or auditory material provided, published, entered into by a third party shall completely be under responsibility of that third party conducting such activities. Mobilexpress does not undertake and warrant security, accuracy and legitimacy of the services and content provided by third parties.

Links to other web sites and/or content and/or files that are not under Mobilexpress’s control but owned by third parties can be provided through the Service Channels. These links are provided for reference purposes only, and do not constitute a statement or warranty for supporting the relevant web site or the person operating it, or regarding the information it includes. Mobilexpress does not hold any liabilities for the web sites, files and content accessed through the links given, services or products provided, or their content.

1.10. The definitions made regarding the User Payment Cards (credit, debit, prepaid cards etc.) throughout this Contract are also valid without exception and exactly in the same way for the terms and conditions determined, all kinds of provisions, and the relevant means and methods, if Bank Cards (debit cards) or other payment means and methods other than payment cards (credit, debit, prepaid cards etc.) are included in scope of Services.
2. TERMS OF USE AND MEMBERSHIP
2.1. Mobilexpress membership and user accounts are personal. They cannot be transferred to or made available for use of others. Protecting the confidentiality of this membership and accounts is under the full responsibility of the User.

2.2. Personal accounts are created for Mobilexpress users under the Mobilexpress systems. Registration of all user personal information, performance of payment and user/membership transactions and maintenance of transaction records are conducted within the scope of these accounts. These accounts are based on user mobile phone and/or email address and/or Turkish ID No. and other similar personal identificatory information, according to the features of the Service and/or Service Channel used. For the personality and security of their accounts, the Users are responsible for making sure that their phone numbers, email addresses and personal information they enter into the Service Channels are used only by them, that they are not accessed by others and that security and required measures are taken.

The User shall be fully responsible for deleting their related Mobilexpress account and/or registered payment card (credit, debit, prepaid cards etc.) and other personal information from the systems completely, and for any negative consequences if they fail to do so if they terminate the use of, hand over, assign, transfer, make available for the use of another person either permanently or temporarily, make available for remote use due to any reason whatsoever and render permanently/temporarily controllable, manageable or viewable by any other person for any purpose any mobile phone lines, SIM cards, email addresses, payment cards (credit, debit, prepaid cards etc.) and mobile phones, tablets, computers (in which open / loaded / logged in scanner, web site, application, message history, access details, etc. are present in a way that allows reaching the registered personal details under Service Channels or Mobilexpress infrastructure) and other devices in which their personal information linked with their identity is stored in any account and/or is used for access to Mobilexpress Services.

2.3. Mobilexpress Services are provided by using user information registered in the User’s own account by assessing the membership accounts through log in during the transaction and/or by ensuring access to the account in an integrated way with the member merchant’s membership system and therefore without any Mobilexpress member log in and/or re-logging in being required if there is a password recognition systems in the member merchant’s page, depending on the nature and set up of the service. Such access and transactions can be conducted with / without a Mobilexpress password, receiving / without receiving a single-use SMS confirmation code or by with / without using confirmation and security tools associated with different member merchants / payment cards (credit, debit, prepaid cards etc.) / banks, etc. All rights and powers to determine, change and cancel the rules and practices in this regard belongs to Mobilexpress. The Users cannot raise any objections to, submit any complaints against or claim rights from Mobilexpress based on such rules and practices, and cannot hold Mobilexpress responsible for any problems and damages which they believe are the result of such rules and practices.

2.4. While using Mobilexpress Services and procuring services through the Service Channels, Mobilexpress Users are under the obligation to comply with all applicable laws in the Republic of Turkey. The User cannot perform any act that constitutes a crime under the laws and/or act against the laws and general rules of ethics by using the Mobilexpress Services and the Service Channels. If the user commits a crime and performs any acts against the law using the Service Channels, the responsibility shall belong to the User. Mobilexpress and member merchants cannot be held liable for any disputes arising exclusively out of persons’ actions.

2.5. The User agrees and declares that they shall not use the Service Channels and Mobilexpress services for the below listed or any other Malicious Activities; that they shall be fully responsible for all material or immaterial damages or any kind of loss, damage, compensation and penalties with punitive nature which may be incurred by Mobilexpress, member merchants and business partners, other users or third parties/institutions and any risks that may arise in case of use, making others use, making available for use the aforementioned, or in case of any intermediary acts within the scope of malicious activities; that any kind of information belonging to the user can be examined, their ID can be investigated, and their information can be shared with any kinds of authorities for any situations falling under or suspected to fall under this scope; and that they may be subject to legal sanctions as a result of these examinations. In the event that any of the malicious acts listed under this article is attempted, the User cannot claim they did not know that their act was considered as a malicious act.
- - To use the Service or Service Channels in an unlawful way or in a way to harm, disrupt, overload to or weaken Mobilexpress Services and systems.
  - To register with more than one user’s account, to register a user account in the name of a person other than themselves, or to register a user account in the name of a group or institution they are not authorized/permitted to represent.
  - To impersonate a person or institution or to misrepresent themselves, their age or their relationship with a person or an institution.
  - To upload, send, transfer, share, record, acquire, use or make accessible by everyone in different ways any kind of private information including an address, phone number, email address, social security number, citizenship number or payment card (credit, debit, prepaid cards etc.) number belonging to a third person.
  - To request identifying information or password for commercial or illegal purposes or request personal information from individuals under the age of 18.
  - To download, send, transfer, share or render accessible any computer code, file or program designed to prevent, destroy or limit the functionality of a document containing a harmful software such as a virus/trojan/keylogger, or of a computer software, hardware or telecommunication device.
  - To use or attempt to use another person’s account, personal information, service or system or to create a fake identity under the Service Channels.
  - To upload, send, publish, share, store or somehow render usable the contents that are under the control or authority of the member merchants or Mobilexpress in the Service Channels or that limit or prevent use by another person of the Service Channels or satisfaction of another person, and that makes Mobilexpress or its Users subject to a loss or any other distress.
  - To interfere with, attempt to interfere with and to intend to interfere with the software, hardware and systems related to Mobilexpress Services, manually or through automatic bots, robots, etc. in order to acquire information stored in Mobilexpress, User Personal Information, information regarding member merchants or information on the subject matter of Mobilexpress Services and relevant company/institution integrations, to obtain benefits from the foregoing in favor of themselves or a third party, to destroy, weaken, circumvent the security of the systems, to use methods other than those allowed to circumvent access limits for the systems and User accounts, to develop short cuts, to allow unauthorized access and for similar purposes.
  - To copy, duplicate, distribute, process, produce similars or derivatives of, or intermediate creation of contents, images, texts, logos, visual and auditory materials, video clips, files, databases, catalogues, lists and similar content and data stored in the Service Channels, to act against the provisions of INTELLECTUAL PROPERTY RIGHTS under this Contract, thus to directly and/or indirectly compete with Mobilexpress either by the said actions or by other methods.
  - To engage in activities against Mobilexpress, other Users, member merchants, companies and institutions, banks, any kind of service providers and third parties.
2.6. Mobilexpress holds no direct and/or indirect liability for any losses or damages suffered or that might be suffered by third parties due to Users’ Malicious Activities on the Service Channels. However, Mobilexpress undertakes that it shall show its best effort to eliminate in the fastest manner any negative and harmful situations following detection of such situation.
3. SECURITY AND LIMITATION OF USE
3.1. Mobilexpress is entitled to apply, change, cancel and make additions to any kind of terms of use the Users demand with respect to use of Mobilexpress Services, whether temporary or permanent, continuous or temporary, any security terms and rules that are general, personal or specific to certain users ,which it might declare to Users or keep confidential, to prevent either fully or partially and either permanently or temporarily access by specific Users within the framework of these rules, to block user accounts, to re-activate the blocked accounts if they meet the requirements it sets, to delete the accounts completely, to fully or partially delete User personal information and payment card (credit, debit, prepaid cards etc.) details, to define general, transaction type-based, member merchant-based assignments or by different classifications and rules for Users either collectively, individually, or for a specific group according to the criteria it will determine for payment transactions of daily, monthly, annual and/or periodic limits, to define various rules and implement them, to reject or retrospectively cancel past/ongoing transactions (provided that the payment amount shall not be withdrawn from the card or the amount is refunded if already deposited). Mobilexpress is entitled to make limitations in the display, listing and provision of use for payment purposes of the User payment card (credit, debit, prepaid cards etc.) details and other User personal information registered under Mobilexpress infrastructure, in Mobilexpress channels and/or member merchants, pursuant to security and/or commercial conditions or contracts, based on entire community, member merchants, service channel or Users, to define different terms of display and use in different member merchants for the same User or to refrain from showing completely or partially the registered details and or from making them available for use. The User cannot make any objections or file complaints or claim rights against Mobilexpress or Member Merchants for practicing these rights.

3.2. The User is responsible for the security of the mobile phone to which Mobilexpress password created for safe access to Mobilexpress Services and the single-use SMS confirmation codes used in access and transaction approvals are sent, the registered email address and any other information, devices, accounts and tools which might be subject to security checks / confirmation, and also for ensuring that the foregoing is known only by them.

The User is responsible for confirming that the Service Channels to which they entered into/sent their access details and passwords (website, mobile site, mobile application, SMS number, email and etc.) belong to Mobilexpress, that they are not channels intended for fraud (baits and methods such as Phishing) which impersonate Mobilexpress and member merchant, for carrying out the required audits required for its confirmation (URL/link control, SSL certificate control, SMS/email sender details and address and etc.), for acting in accordance with the warnings, if any, made by Mobilexpress and member merchants, and receiving information and support from Mobilexpress Customer Services in cases they cannot be sure. .

In transactions by SMS, when specific texts/content or the Mobilexpress password should be sent for transactions the User is responsible for sending the foregoing only to phone number “3570” which belongs to Mobilexpress, for confirming that the SMS asking the User for content/ information or password is received from the phone number “3570” that belongs to Mobilexpress, and immediately deleting sensitive information, such as a password and etc., the access to which by others may cause problems, from the phone/device after it is sent. The User shall be fully responsible for immediately notifying Mobilexpress and the competent authorities of any suspicious and risky situations that may arise in this regard, and for ensuring that the required measures (cancellation, renewal, reset, deletion and etc.) are taken.

The User shall be responsible for ensuring that the required measures (cancellation, renewal, reset, deletion and etc.) are taken and for immediately notifying first Mobilexpress and then the relevant Member Merchants, banks/GSM companies/service providers and similar parties in compliance with the Law or the terms of the contract(s) between them and these companies, of any incident of loss, theft, obtainment by 3rd parties of the mobile phones (device or GSM line/SIM card), email address, payment cards (credit, debit, prepaid cards etc.) or Mobilexpress and/or Member Merchant passwords that the User shares the in Service Channels and Mobilexpress Services and of any other situation that might cause security gaps.

The User shall be fully responsible for deleting their related Mobilexpress account and/or registered payment card (credit, debit, prepaid cards etc.) and other personal information from the systems completely, if they terminate the use of, hand over, assign, transfer, make available for the use of another person either permanently or temporarily, make available for remote use due to any reason whatsoever and render permanently/temporarily controllable, manageable or viewable by any other person for any purpose any mobile phone lines, SIM cards, email addresses, payment cards (credit, debit, prepaid cards etc.) and mobile phones, tablets, computers (in which open / loaded / logged in scanner, web site, application, message history, access details, etc. are present in a way that allows reaching the registered personal details under Service Channels or Mobilexpress infrastructure) and other devices in which their personal information linked with their identity is stored in any account and/or is used for access to Mobilexpress Services.

Mobilexpress cannot be held responsible for any negative situation that might be suffered by users or third parties as a result of the incidents mentioned above and/or malicious and unauthorized transactions made through Mobilexpress Services and other methods, and for material and immaterial damages that might directly or indirectly occur as well as any kind of chargeback, penalty, compensation and criminal liability to arise. In the event that Mobilexpress becomes liable for any material damage, immaterial damage or criminal liability, incurs any damages, incur any fines or criminal sanctions, such loss and damage shall be under the User’s responsibility.

3.3. To use or not to use any kind of security tool, level, user confirmation method or card payment security step during Users’ access to Mobilexpress Services, use of Services and performance of payment transactions shall be under control and at the discretion of Mobilexpress, member merchants, business partners and the bank which play a role in the transaction. Users cannot make objections to use and non-use of Mobilexpress passwords, SMS confirmation codes (single-use passwords), CVV/CVC confirmation, 3D secure transaction confirmation used in Mobilexpress transactions and any other similar security and confirmation tools, nor can they file any complaints or claim any rights against Mobilexpress, member merchants and business partners.
4. TRANSACTIONS, PAYMENTS and ORDERS
4.1. Mobilexpress undertakes that it shall show maximum effort and provide maximum support to ensure User satisfaction in the fastest way possible regarding continuity and smooth operation of the services and in case of any problem that may arise.

However, in payment transactions carried out or intended to be carried out by using Mobilexpress Services, the User cannot be held responsible for any potential material or immaterial damages to arise from any defects, delays, or misinformation arising from systematic problems, connection and integration issues relating to member merchants, technology/infrastructure providers or from any Mobilexpress systems or internal processes, as well as any interest rates, interest amounts, service breakdowns, activation / deactivation fees and similar costs arising out of failure in performance of relevant payments or delayed payments, and any direct and indirect loss or damages to result from the foregoing. Mobilexpress holds no responsibility in cases such as making notifications to the User to confirm payment, and although rarely, the money not arriving in the member merchant’ account, incomplete amount in the account, or delayed, erroneous or problematic arrival of the payment in the account. Timely and proper completion of the transaction and checking that the transaction is completed shall be under the user’s responsibility.

4.2. For transactions made with payment cards (credit, debit, prepaid cards etc.) registered under Mobilexpress, Mobilexpress shall not be responsible for rejection of the payment transaction with the relevant payment card (credit, debit, prepaid cards etc.) by the POS systems or a member merchant, non-approval of transaction, cancellation of the transaction, or any other similar situations, as well as resolving the problem experienced. The User shall be responsible themselves for contacting with the relevant member merchant, institution/company, or the bank’s customer services and for receiving information and support required for such problems.

4.3. In transactions made by using Mobilexpress Services, Mobilexpress is not able to make any payment cancellations, refunds and any other similar retrospective corrective transactions since the payments made by the Users are transferred in real-time to the member merchants’ accounts. The user must request such cancellation and refund procedures as well as similar support requests from the concerned member merchant. In claims submitted to Mobilexpress in this regard, Mobilexpress cannot be held responsible for any negative outcomes, material and immaterial damages, penalties and etc. that may occur directly or indirectly as a result of the performance of cancellation and refund procedures, and in cases where such procedures could not be/have not been performed despite the claim.

In payment transactions carried out by using Mobilexpress Services, particularly for bill payment transactions and including all other payment types, if there is any repeated transaction request by Users for payment, if extra payment is made for the related transaction through Mobilexpress or different channels previously or later, and in any similar case, the method of transactions such as correction, refunding, deduction, etc. is subject to member merchants’ related rules and practices. The User requests the required support from the member merchant. Mobilexpress does not have any liability or decisiveness regarding these rules and practices. Mobilexpress cannot be held responsible for any negative situations, any material and immaterial damages, any penalties and etc. that may occur directly or indirectly.

4.4. Mobilexpress Services stand as intermediation services to provide technical infrastructure for the payment between the User and the member merchant. The nature, amount and legality of the product or service sold by the member merchant, shipment/delivery of the product as a result of the order that is the subject matter of the payment, whether or not the delivered product is the product ordered, whether or not the product is deemed defective, User’s return, replacement, repair and other requests as well as all post-payment phases of the transaction that is subject matter of the e-commerce are between the user and the member merchant, and is under the member merchant’s responsibility. Mobilexpress, holds no liability for and has no contribution to in the foregoing, either directly or indirectly. The User cannot file any objections to or submit complaints against or claim any rights from Mobilexpress in this regard.
5. CAMPAIGNS and PROMOTIONS
5.1. Mobilexpress is entitled to build any kind of promotion, campaign, discount and advantages related to the Mobilexpress Services provided, to determine the conditions related thereto and the campaign term, to make changes it deems necessary before or during the campaign on one or all of the conditions or the term, to suspend or to completely the campaigns announced before or during the campaign temporarily or permanently, to offer, make available for the use of, open, or close a campaign that it has built to all Users or to specific Users only or to a limited number of Users only based on the criteria and rules determined by Mobilexpress. Users cannot claim any rights from Mobilexpress if they fail to comply with the rules and to meet the criteria determined by Mobilexpress, to carry out the transactions either for short or long term due to exceeding the numbers and quota determined or changes in the campaign conditions, suspension and/or cancellation of the campaign and/or technical problems, to carry out the relevant payment for any reason whatsoever during the campaign term or if it is not possible to benefit from the campaigns, discounts or advantages due to similar reasons.

5.2. Mobilexpress includes some of the fundamental rights included in this Contract also when declaring the relevant campaign via the Service Channels or other platforms. However, the provisions of this Contract or any rights and authorizations arising from it shall not become ineffective if Mobilexpress’s rights and authorizations regulated under this Contract, campaign announcements or visuals in relevant sections and content of the Service Channels are somehow defined incorrectly or incompletely, or if the written conditions are construed differently. The User cannot file any objections to or submit complaints against or claim any rights from Mobilexpress based on such grounds.

5.3. In case of a promotion regarding Mobilexpress Services, all relevant details shall be included in the website. The promotions made or to be made by the member merchants with respect to their own goods and services as well as any orders regarding such promotions shall be under full responsibility of the member merchant, and no compensation claims can be brought against Mobilexpress due to failure to carry the promotion into effect or for any deficiencies in the promotion.
6. USE OF USER PERSONAL INFORMATION and CONFIDENTIALITY POLICY
6.1. The User agrees and declares that any and all User Personal Information they shared, entered into or used in transactions with their own approval via Service Channels through Mobilexpress can be collected, viewed, recorded by Mobilexpress using common tools and methods (downloading cookies through the browser, tracking user behaviors on the browser through Google/Yandex Analytics and similar codes, access to relevant records received from user devices and system for the purpose of locating users, user ID/password confirmation in online and mobile channels, etc.) in the sector can be used to collect and record such information, the information can be analyzed as well as be interpreted after being processed, the raw and processed information can be used by Mobilexpress and its business partners for research and development purposes, providing users with products and services, redirecting to carry out the payments, making calls for the use of services, giving information / receiving feedback / providing support with respect to products and services, announcing campaigns and promotions, ensuring use of products and services or obtaining the relevant consents / approvals regarding their use, providing reminders / warnings / guidance with respect to transaction security and terms of use, and that, when necessary, the user can be contacted with through written, auditory or different physical or digital communication methods, provided the provisions of this Contract are adhered to.

Mobilexpress can share the User Personal Information that it considers necessary (except payment card -credit, debit, prepaid cards etc.- sensitive information) with banks, card institutions, legal authorities, law enforcement agencies, member merchants and business partners upon request by legal authorities, in any security-related situations and due to reasons it considers proper or necessary. In such a case, the User cannot raise any objections to, submit complaints against or claim rights from Mobilexpress.

6.2. The Confidentiality Policy below has been adopted regarding security and protection of the information that Users provide via Service Channels and other relevant matters. Measures required for the security of the transactions and information shared in our Service Channels have been taken under Mobilexpress infrastructure, according to the nature of the information and transaction.
- - All User Personal Information including the communication details you provided while using Mobilexpress Services and Service Channels (phone, address, email and etc.) is recorded for an indefinite period of time for managing the membership accounts and carrying out support activities, ensuring up-to-dateness of the user and usage details, carrying out product/service payments, ensuring and following up payment security, delivery of the products/services to users by the member merchants and for all kinds of relevant support activities, various research, development, analysis, marketing, promotion, advertising, informing, warning/reminder, communication, sales and card applications; they are stored and processed by Net Satış İletişim ve Danışmanlık Ticaret Anonim Şirketi and can be used by Mobilexpress or on behalf of its business partners when and where required necessary, and they can be shared with member merchants, business partners and legal authorities in accordance with the provisions of this Contract herein. Your payment card (credit, debit, prepaid cards etc.) critical details are never shared with any third parties, except the legal authorities when requested or member merchants which have joint ownership (check article 6.3. for details) on the relevant data.
    
    As from the moment you become a Mobilexpress User and consent to a contact to be duly made with you, unless otherwise is requested by you, any warning/reminder, communication regarding Mobilexpress Services, communication for carrying out any Mobilexpress Services that you might be interested in or you request, communication for information and promotion purposes regarding the products, services and campaigns of Mobilexpress, member merchants or business partners, emails, SMS/MMS/chat and etc., push notifications, letters/mails, audio calls, IVR calls and etc. can be made and/or send through any type of digital and conventional methods in a manner to include all kinds of visual, textual and auditory content. You are entitled to make changes to such communication choices, to give up the services and to re-initiate them, at any time you wish. Users who want that the information they previously gave and consented to its storage not to be stored any longer may submit their request through the methods declared by Mobilexpress Customer Services.
    
    The User agrees and declares that such communications can be carried out and that they shall not raise any objections to, submit any complaints against or claim any rights from Mobilexpress, member merchants and business partners for this reason.
  - Users are entitled to delete or request deletion of their information and account registered under Mobilexpress, at any time. In case of such deletion operations and deletion requests, relevant information shall be deleted from Mobilexpress systems, with the exceptions defined below. For requests submitted to Mobilexpress Customer Services, Mobilexpress shall prioritize the requests received according by workload and shall carry out the operation in a reasonable timeframe.
    
    For requests submitted to Mobilexpress Customer Services, Mobilexpress may desire to obtain confirmation by reaching the user via their registered mobile phone number or email address, or other similar methods to verify that the request received was submitted by the true owner of the information and membership account. In case of failure to obtain such confirmation, deletion request may be ignored and cancelled. In all circumstances, any card detail which has not been used for a certain period by the User shall be deleted and made unusable in compliance with the statutory requirements.
    
    If Mobilexpress Services are used or any transaction is carried out with the member and user information which has been deleted or deletion of which has been requested, then logs/records/backup records with respect to previous data and transactions may be kept temporarily or permanently under Mobilexpress’s secures systems, as required by the nature of the payment services and statutory requirements. These records may include some user details which have been deleted/deletion of which has been requested. The User cannot raise any objections to, submit complaints against or claim rights from Mobilexpress for any User information which has been deleted by and/or deletion of which has been requested by the User, which must be kept temporarily or permanently under these records as required by the natural course of operation or statutory requirements.
    
    According to data ownership/joint ownership situations stated in article 6.3. and any related article within this Contract and the channel of data deletion request by user, various deletion rules (general deletion - completely deletion from the Mobilexpress system or particular deletion - deletion/passivation from particular member merchant(s)) may apply upon Mobilexpress’s recent security and business rules at that moment. It is User’s responsibility to monitor or follow if the deletion is made in general or particularly and take necessary actions of contacting Mobilexpress Customer Service for general/complete deletion if it is requested so. The User cannot raise any objections to, submit complaints against or claim rights from Mobilexpress or Member Merchant(s) for this deletion rules, processes and responsibilities assigned on Users.
  - Information of our customers who share their personal and payment card details and accept storage of such information under our systems to be used in their future transactions is stored under the conditions recommended by the Payment Card Industry Data Security Standards that are determined by international payment institutions. Information other than those allowed by such standards cannot be recorded.
  - Security of all payment card (credit, debit, prepaid cards etc.) and personal information is ensured at the highest encoding level through SSL EV, which is the highest security standard in online data transfer. Thus, acquisition of such information in any manner whatsoever by unauthorized persons or institutions is prevented during surf on the internet. All information is subjected to special storage and encoding methods from the moment it is transferred to Mobilexpress system.
  - The User Personal Information collected by our company can be shared only with the authorities and relevant institutions designated under Law or legal orders within the scope of our obligations under statutory regulations. Joint ownership of data, which is covered in article 6.3 and any other related provisions/articles within this Contract, and related attaining and transfer of data, ownership of data or any rights, applications related to joint ownership by member merchants cannot be interpreted as against this article and statement.
  - In cases where Mobilexpress Service Channels provide links to other internet-websites or other companies’ channels, any and all use and transactions shall be subject to terms of use and confidentiality-security policy of that relevant site. Mobilexpress shall not be responsible for any disputes, material or immaterial damages or loss which may occur due to use of information in other companies’ channels accessed through Mobilexpress Service Channels to view any advertisement, banners, content or for any other purposes, or due to ethical principles, confidentiality-security principles, service quality of and other applications with respect to such other company’s channels.
Users and members who use Mobilexpress Service Channels are deemed to have accepted in advance the terms of this Confidentiality Policy.

6.3. In cases where Users’ payment card (credit, debit, prepaid cards etc.) details are entered via member merchants’ pages/screens with a consent given for this Contract and such data is recorded under Mobilexpress infrastructure within the scope of Mobilexpress Fast Payment Services (One Click Payment, Interoperable One Click Payment, Cross Merchant Payment, Common Card Pool and not limited to listed here, any naming could be given at any time for presenting, marketing, promoting etc. of those services), Mobilexpress and the member merchant shall have joint ownership of the relevant data.

Member merchants, limited to the data they have joint ownership rights for, can attain, transfer, access, use, make use in any business process or communicate with data owners for, the stored data as long as they document and prove that PCI DSS Level 1 compliance is provided.

Data acquisition, access and use by the member merchant based on its joint data ownership are not under the liability of Mobilexpress and are outside the scope of this contract. However, Mobilexpress agrees, declares and undertakes that it shall not share any sensitive card data with any member merchant unless such member merchant documents and proves its PCI DSS Level 1 compliance and declares that it has legally authorized a business partner documented the foregoing to store these data.

According to data ownership/joint ownership situations stated within this Contract and the channel of data deletion request by user, various deletion rules (general deletion - completely deletion from the Mobilexpress system or particular deletion - deletion/passivation from particular member merchant(s)) may apply upon Mobilexpress’s recent security and business rules at that moment. It is User’s responsibility to monitor or follow if the deletion is made in general or particularly and take necessary actions of contacting Mobilexpress Customer Service for general/complete deletion if it is requested so. The User cannot raise any objections to, submit complaints against or claim rights from Mobilexpress or Member Merchant(s) for this deletion rules, processes and responsibilities assigned on Users.

6.4. In the event that services and activities falling under the scope of this Mobilexpress Services Terms and Conditions continue with a different tradename and/or brand name as a result of acquisition, sales, transfer, partnership, merger, transfer to/from subsidiaries, serve through subsidiaries or change of the tradename or brand name of the brand Mobilexpress and/or Net Satış İletişim ve Danışmanlık Ticaret Anonim Şirketi entity, mutual rights and obligations arising out of this contract shall remain the same and continue between the users and the entity having the new tradename or brand name. In such a case, Mobilexpress - Net Satış İletişim ve Danışmanlık Ticaret Anonim Şirketi reserves the right to transfer all User personal data stored under its systems to the entity that will carry out the activities with the new tradename or brand name. The User cannot claim that this contract shall become invalid, and/or raise any objections to or claim any rights in this regard based on any tradename or brand name change as designated under this article.
INTELLECTUAL PROPERTY RIGHTS
7.1. The information that is accessed within the scope of the service channels or provided lawfully by users and all elements (collectively, they will be referred to as Mobilexpress’s works subject to copyrights) of these channels (designs, visual and textual contents, images, logos, html codes and other codes, provided not being limited to those listed herein) shall belong to Mobilexpress.

No user or any third party or institution is entitled to resell, process, share, distribute, display Mobilexpress’s services, the methods, systems, technologies, software, hardware and other similar components used for the provision of services, Mobilexpress’s information, any kind of visual and textual content of Service Channels, Mobilexpress’s works subject to copyrights; to allow and/or enable another party to access or use Mobilexpress’s services or infrastructure; and to develop, based on the foregoing, any services, solutions, systems or software which might be considered as a derivative of the existing elements or have similar features. Performance of the acts listed herein or any other act(s) that might be considered to be falling under the same scope shall mean explicit breach of intellectual property rights of Mobilexpress and Net Satış, and shall give rise to criminal liability. Except for the cases where Mobilexpress has given its written consent within the scope of this Mobilexpress Services Terms and Conditions, Mobilexpress’s works subject to copyrights cannot be copied, duplicated, processed, or distributed, and no works similar to or derived from the foregoing can be created or prepared. Otherwise, Mobilexpress can start all kinds of proceedings and actions which are of legal, penal and executory nature against the User or the third party/institution that conducted such act, and can apply recourse.

7.2. Except for the cases where Mobilexpress has given written authorization within the scope of this Contract, Mobilexpress reserves and keeps all its rights exclusively within its own entity, with respect to any Mobilexpress services, Mobilexpress information, Mobilexpress’s works subject to copyrights, Mobilexpress tradenames, Mobilexpress commercial outlook or any other assets and information that it obtained through Service Channels.
8. FORCE MAJEURE
In all cases deemed to be a force majeure under the laws, Mobilexpress shall be not liable for late performance or non-performance of any of the provisions of this Contract. Such a case and any similar cases shall not be deemed as a delay or non-performance or a default on the part of Mobilexpress, and shall give rise to no compensation liability for Mobilexpress. The term “force majeure” shall be construed as incidents which are outside control of the relevant party, which Mobilexpress could not prevent despite showing the due diligence. In addition, situations such as natural disasters, riots, war, strikes, communication breakdowns, infrastructure and internet breakdowns not resulting from Mobilexpress, power cuts and bad weather conditions are included in force majeure conditions, provided they are not limited to those listed herein.
9. APPLICABLE LAW AND JURISDICTION
When implementing and construing this Mobilexpress Services Terms and Conditions (“Contract”), as well as managing any legal relationship arising from this Contract, Turkish Laws shall apply except the Turkish conflict of law rules in case of a matter including foreign elements. Istanbul (Çağlayan) Courts and Execution Offices shall have jurisdiction over any disputes arising or may arise from this Contract.
10. TERMINATION
The User, may demand deletion of their membership details or cancel in person their membership/account, by using their right to terminate the contract, without any justification. In order to use the right to termination, a notification should be made via one of the Mobilexpress communication methods designated in this Contract and/or via pages and/or functions with respect to management and deletion of registered cards provided in the Service Channels. In cases where the request is received by Mobilexpress’s authorized personnel and/or systems, Mobilexpress shall destroy both membership and card details of the relevant User. Keeping data upon obligations by relevant Laws, contractual obligations, member merchants joint data ownership rights and related Contract provisions/articles/statements and system logs/backups for security and business continuity reasons shall constitute the exception of this provision herein..

In addition, Mobilexpress shall also be entitled to unilaterally terminate the Contract at any time, either based on the grounds designated in the Contract or without any justification, on condition of making a written notification to the User through the communication channels registered under the system.
11. EFFECT and ACCEPTANCE
This Contract consisting of 11 articles as well as all other terms of use and provisions within its scope shall become effective on the date approved by the User, and the changes shall become effective on the date they are published on the website and the approval is duly obtained by the User. For different channels, the main version published through www.mobilexpress.com.tr (“website”) shall be valid as the most current contract in case of potential delays in updating or any discrepancies in versions due to potential errors.

By using the Service Channels or Mobilexpress services/infrastructure, the Users are deemed to have agreed and declared that they have read this Mobilexpress Services Terms and Conditions (“Contract”) completely, understood its content, and accepted and approved its provisions.

By being approved by the Users on the virtual platform, this Contract becomes effective at the time of its approval. In addition, this Contract is an integral part of any and all contracts made/to be made between the users to benefit from Mobilexpress services and the member merchants. .

In case of any mismatch between original Turkish version (Hizmet Sözleşmesi or Mobilexpress Hizmet Sözleşmesi on the Mobilexpress official Turkish website) of the contract and this English version, due to any mistakes, translation mistakes or version/updating problems, the recent text of the Contract in Turkish version shall be accepted as the valid, binding and applying contract for all parties.

TERMS AND CONDITIONS

MOBILEXPRESS SERVICES TERMS AND CONDITIONS