Набуває чинності з 1 січня 2021

Договір про оплату з клієнтом (для клієнтів, що відправляють гроші з Туреччини)

Customer Payment Agreement (the “Agreement”) is a legally binding agreement that sets out the terms and conditions governing your use of payment services described herein (the “Service”).

You may access the Service through the “Platform”, which is Birlesik Odeme’s website at [www.transfergo.com.tr], or from BirlesikOdeme mobile application software for iOS and Android.

As used herein, the terms “we,” “us,” “our”, “Birlesik Odeme” and/or “BÖH” define Birleşik Ödeme Hizmetleri ve Elektronik Para A.Ş as being payment service provider;

TransferGo” defines TransferGo Ltd as being BÖH’s agent;

me”, “you” and/or “your”, “I”, “mine” “user” and/or “customer” define the person who is using the Services to transfer funds from Turkey.

Birleşik Ödeme Hizmetleri ve Elektronik Para A.Ş. is headquartered in “Esentepe Mahallesi, Büyükdere Caddesi, Maya Akar Center, No:101-102, Şişli, İstanbul, Türkiye” and is authorised as an Electronic Money and Payment Services Institution by the Banking Regulation and Supervision Agency (“BRSA”) pursuant to BRSA decision dated 08.10.2015 with No. 6484.

TransferGo Ltd is a company registered in England and Wales (company number 07914165) with its registered office at “2nd Floor, 241 Southwark Bridge Road, London, SE1 6FJ UK”. TransferGo is an authorised Money Institution under the prudential supervision of the United Kingdom Financial Conduct Authority (FCA) and is also a customer of BÖH. In order to avoid any misunderstandings, TransferGo is not authorised by the BRSA to act as an Electronic Money Institution in Turkey.

This is your agreement with us. Before registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. We notify you that once you read and agree all the terms and provisions of this Agreement you will be bound with the terms and provisions of the Agreement, therefore, we recommend you to store or print a copy of the Agreement (including all policies) for your records. In any case, BÖH will provide you with a copy of this Agreement via permanent data supplier.

Furthermore, I agree that any use by me of the Services shall constitute my acceptance of the Agreement.

Please read this Agreement carefully and make sure that you understand it fully before using the Services. In this respect, I represent and warrant that if I do not accept this Agreement, I will not be able to use the Services.

  1. Your Privacy

    Protecting your privacy is very important to us and TransferGo. Your passwords are stored on Birlesik Odeme servers in encrypted form. We do not disclose your account details, postal or email addresses to anyone except when legally required to do so and as specified in Birlesik Odeme’s Privacy Policy. For further details on the Privacy Policy, please click here https://www.birlesikodeme.com/legal/10.

    Sensitive information between your browser and the Platform is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information, you should always make sure that your browser can validate the Service Website certificate.

  2. Eligibility and Registration

    In order to use the Service, you must first register to the Platform and create your own account, as instructed by TransferGo (the “Account”).

    As part of your registration and use of the Service, I fully represent and warrant that:

    1. I am an individual person (not a business or legal entity);
    2. I am at least 18 years old and have mental capacity to execute agreements and legally bind myself with them;
    3. I am not acting on behalf of an undisclosed principal or a third party beneficiary;
    4. I have a full authority to enter into this Agreement;
    5. I hold a bank account in a Turkish bank located in Turkey that will be the source of funds for transfers using the Service that is held in my name and over which I exercise legal authority and control;
    6. I am not violating any laws or regulations by registering with you, entering into and/or by performing any part of this Agreement, or by otherwise using the Service;
    7. All information provided by me as part of my registration and use of the Service is accurate and complete, and I undertake to promptly notify BÖH in writing of any changes to such information;
    8. I ensure that my contact details provided at registration remain accurate and up to date. BÖH will use those contact details to contact me wherever required under this Agreement or in connection with the Service. I may update my contact details at any time by logging into my Account to the Platform or getting in touch with BÖH’s customer support.

  3. Transaction History

    You can access your details of executed payment Transactions and other information relating to your Account by logging into the Platform and clicking on the "Account" tab.

  4. Duplicate accounts

    BÖH will refuse to create more than one account for the same user due to security and client identification requirements. In a case where a duplicate account is detected, BÖH reserves the right to close or merge these duplicate accounts without notification.

  5. Identification and Verification Process

    To help government to fight the funding of terrorism and money laundering activities, Turkish law and relevant Legislation requires us to obtain, verify and record information that identifies you (including any parties involved in your Transaction for example, your recipient) in order to provide any Services to you.

    What this means for you? When you use our Service we will require you to provide your name/surname, date of birth, nationality, residence address, Turkish ID number or identity number for foreigners, phone number, email address, and other necessary information, which may be required from the competent Turkish authorities as per Turkish laws from time to time that will allow us to identify you.

    We may require you to provide documentation in a format acceptable to us. Such documentation may include a copy of your identity card, passport, or other government issued photo identification documents; documents proving where your residence is and evidence of the source of the funds you are transferring with us, among others. We may also contact you if we have additional questions or further requirements of information before we can complete your Transfer.

    During the application, Birleşik Ödeme and TransferGo will carry out the verification process, using the identity information (name, surname, date of birth, nationality, identity number for Turkish citizens, foreign identity number for foreigners) you provide to us and we reserve the right to access various government and private databases to verify your information.

    In light of the above mentined explanations, I fully agree and accept that I give my consent to BÖH and TransferGo in order to have my identification verified and have my private data recorded by BÖH as “payment service provider” pursuant to Private Data Protection Law Numbered 6698 and relevant legislation.

  6. Description of the Service

    The Service enables the transmission of funds paid to us in Turkish Lira (TRY) from Turkey to recipients (“Recipient(s)”) located in other countries and paid out in a currency other than TRY (a “Transaction”). Funds are transmitted to Recipients via electronic funds transfer, wire transfer or other electronic methods. The Service, as described herein, may be amended by us at any time, upon notice.

    Moreover, we retain full discretion to refuse to accept any user and/or to complete any Transaction at any time.

  7. Payment Methods

    We only accept payments for Transactions via funds transfer, wire transfer or other electronic methods from a TRY denominated Turkish bank account in your name. No other payment methods are accepted, including cash, mailed check, or electronic check.

    Once the order of your Transaction has been completed by you in the Platform and you have been verified, we will provide you with appropriate details to complete a local bank transfer to our bank account.

    We will make sure the money is being sent directly from your own Turkish bank account in Turkey. If the payment is sent from someone else’s bank account, we will not accept it and we will refund the funds to the bank account from which the transfer was initiated and your Transaction will be considered unfunded.

    The payment must correspond to the total amount of the Transaction including our fees and expenses specified in receipts and similar documents mentioned in this Agreement, issued for each and every payment. All expenses and fees mentioned in this Agreement and specified in receipts and similar documents will be listed. In the event that there are differences between this amount and the one established during the Transaction including our fees and expenses mentioned in this Agreement, Transaction will not be proceeded and wil be canceled. Every new Transaction order submitted on the Platform will be inactive until we have received the payment for the Transaction. Thereafter, we will convert the funds into the foreign currency and remit them to the Recipient, once the agreed fees in this Agreement have been deducted.

    When setting up a Transaction, you must ensure that the information you provide is correct and complete. I agree and accept that BÖH and/or TransferGo will not be responsible for money sent to the wrong Recipient as a result of incorrect information provided by me.

  8. Exchange Rates

    We make reasonable efforts to match transactions at exchange rates aligned to the mid-market rate at the global currency markets. To do this, TransferGo relies on aggregated third party information sources (including exchange rates under license from XE.COM INC ("XE", https://www.xe.com/ and Reuters (www.reuters.com). We do not guarantee that the rates match any particular benchmark source at any given time.

  9. Payment Limits

    Transactions might be limited by us, depending on the available Payment Methods or the one chosen by you. Additionally, we might request further information and documentation when you wish to transfer certain amount of money, in a single or aggregated Transfers.

  10. Cancellation and refunds of Transactions.

    Cancellation: You may cancel your Transaction for a full refund provided that the Transaction amount has not yet been converted into foreign exchange in accordance with your order. For the avoidance of doubt, once the Transaction Amount converted into foreign currency and transferred to the Receipient the user cannot cancel the Transaction.

    Refunds: If for some reason your Transaction cannot be completed, you will be informed about it and we will refund your funds by depositing them back into your bank account from which you originally initiated the payment.

  11. Fees

    Transaction Fees: We charge a fee on every Transaction. Fees relating to the Transaction are fully visible to you before you accept the Transaction. The Transaction Fee is deducted from the Transaction Amount prior to conversion. Transaction Fees do not include any fees that your bank or the Recipient’s bank may charge. Those fees may be deducted from the delivered amount to the Receipient (in the case of Recipient’s bank requests extra fees and/or charges).

  12. My Obligations

    I agree and accept that I will fulfill my following obligations diligently:

    1. I am responsible for ensuring the payment details are accurate at all times, which I provide to BÖH and/or TransferGo. Once payment instructions have been provided by the user, Transactions cannot be reversed and I accept that BÖH and/or TransferGo will not be liable in any way for any loss I suffer as a result of a Transaction being carried out in accordance with my instructions.
    2. I am responsible for determining whether or not I should send money to a particular Receipient, as BÖH and/or TransferGo do not provide me with any fraud protection. Once payment instructions have been provided by the user and executed by BÖH, Transactions cannot be reversed and BÖH and TransferGo will not be liable in any way for any loss I suffer as a result of a Transaction being carried out in accordance with my instructions.
    3. If I notice an error in either the payment sent or received as a result of using the Services, then I will immediately notify BÖH at info@birlesikodeme.com. If I become aware that the Recipient has received a payment over and above what I was expecting, I will immediately notify BÖH of this so that arrangements can be made for me to return any overpayment.
    4. I agree that I will not use the Services for any unlawful activity and BÖH reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, BÖH and TransferGo reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
    5. I accept that I can use the Service only in compliance with all relevant Turkish laws, regulations, communiques, which BÖH shall comply with during the implementation of this Agreement, including but not limited to the Law No. 6493 on Payment and Immovable Acceptance System and Electronic Payment Institiutions, Regulation and Communique on the Law No. 6493, The Law No. 5549 on Prevention of Laundering Proceeds of Crime, Regulation on Law No. 5549 Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism, The Financial Crimes Investigation Board General Communique No: 5, Law No. 5411 on Banking (“Legislation”), if the Legislation is amended anytime, I accept and agree that this Agreement will be updated in accordance with the updated Legislation and I further agree that I can only use the Service where permitted by the Legislation.
    6. I am aware that there are stringent rules and sanctions around the provision of false information and misclassification of information so I will take care when filling in my information.

  13. Payment Service Provider

    BÖH is responsible for verifying user identification in compliance with Legislation, collecting money in Turkish Lira (TRY), converting this into foreign currency and remitting it to the Recipient.

    For the avoidance of doubt, Birlesik Ödeme is performing the Service stipulated under the Agreement in its name and on its behalf; therefore, it is fully responsible to you.

  14. General Terms

    Communications. We are required to provide certain information to you in writing.

    By accepting this Agreement, I agree that BÖH and/or TransferGo can communicate with me electronically either by email or by posting notices on the Platform.

    Events Outside of Our Control. If we are unable to perform our obligations under this Agreement because of factors beyond our control, including a change of Legislation, an event of Force Majeure, withdrawal of a currency or the imposition of sanctions over a country or beneficiary, we will notify you as soon as it is reasonably practicable and will use reasonable endeavours to secure the return of any money paid by you in respect of which we were unable to perform our obligations under this Agreement.

    Neither BÖH or TransferGo will have any liability to you where we are unable to perform our obligations.

    Complaints. We are committed to providing you with the highest standards of service. All services and activities of BÖH are inspected by Central Bank of Turkey. If you feel we have not achieved that, you can find information about our complaints procedure at www.birlesikodeme.com.

    Entire Agreement. This Agreement and any document expressly referred to in it constitutes the whole agreement between you, BÖH and TransferGo and supersedes any previous discussions, correspondence, arrangements or understandings between us.

    Law and Jurisdiction. The formation, validity, performance and interpretation of this Agreement and each article and part hereof as well as the provision of the Service and any dispute or claim arising out of the provision of the Service is governed by Turkish laws.

    You may apply to the Istanbul (Central) Courts for any dispute or claim arising out of or in connection with the Agreement as well as the Service.

  15. Limitations of Liability

    I understand that TransferGo and BÖH have no obligation to process or complete a Transaction if for any reason it is not possible to obtain authorization or settlement of the funds from me for the amount of the Transaction. I also understand that TransferGo or BÖH may reject my request for a Transaction, suspend or impose a transaction amount limitation, without cause or a prior notice to me, if necessary at BÖH’s or TransferGo’s sole discretion.

    I understand and agree that if my Transaction request is rejected for any reason, I will be informed of the rejection during my next online session, by electronic mail, or by any other reasonable means of notice.

    I am responsible (not Birlesik Odeme or TransferGo) for maintaining adequate security and control of any and all IDs, passwords, or any other details that I use to access the Services.  I will never disclose my Account password, or my user reference number and will keep them safe and change my password regularly.

    We will never ask you to provide your password to us or to a third party. If anyone asks for your password please contact customer support if you are not sure about this, or any other security-related aspect of the Services.

    You must never let anyone access the Services or watch you accessing the Services.

    IN NO EVENT SHALL BÖH AND TRANSFERGO BE RESPONSIBLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH THE SERVICE.

    I agree to indemnify TransferGo and BÖH from and against any losses and costs in connection with or arising out of my use of the Service and my breach.

    I accept that BÖH and TransferGo will not be liable for inability to deliver or delay as a result of things which are outside of their control.

  16. Language

    This Agreement has been prepared in both English and Turkish languages. When interpreting the terms of this Agreement the Turkish version shall take precedence.

  17. Entire Agreement

    If at any time any provision of this Agreement is deemed to be or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions contained herein shall remain in full force and shall not in any way be affected or impaired.

  18. Signature

    This Agreement is executed in electronic form by the user and an electronic copy of this Agreement has been sent to the user via SMS, e-mail or similar electronical devices.

BÖH’s Information:
Address: Esentepe Mahallesi, Büyükdere Caddesi, Maya Akar Center, No:101-102, Şişli, İstanbul, Türkiye
Mersis No: [0178071182100017]
E-mail: [info@birlesikodeme.com]
Phone Number: [+90 850 252 2222]

I accept and undertake that all my information, filled in by me on Platform, are true.

I read, acknowledge and accept all the terms and provisions of this Agreement.