Wallet Agreement

Wallet Agreement

  1. Parties

1.1. This Tripy Wallet Agreement (“Agreement”) is made by Tripy Mobility Teknoloji Anonim Şirketi (“Tripy”), a company established under the laws of the Republic of Turkey and whose registered address is Bahçelievler Mah. 323/1 Cad. C Blok Gazi Üniversitesi Teknokent Binası No:10/50c İç Kapı No:101 Gölbaşı / Ankara / Turkey and operating in Turkey, Tripy Mobility Teknoloji Anonim Şirketi with tax identification number 8591348891 (“Tripy”) and the real person (“User”) who will benefit from the services within the scope of the Application by choosing the wallet payment facility (“Tripy Wallet”) through the Tripy mobile application (“Application”).

1.2. Users who create a Tripy Wallet by accepting this Agreement will be able to make payments to be made within the Application in accordance with the provisions of this Agreement through the Tripy Wallet.

1.3. Tripy only provides electric bicycle usage services and does not sell any products through the Application. The purpose of using Tripy Wallet is only to provide payment convenience to Users during electric bicycle rental activities.

1.4. The User and Tripy will be referred to together as “Parties” and separately as “Party”.

1.5. This Agreement is an annex and an integral part of the User Agreement that Users accept during registration to the Application if they prefer to pay using the wallet. Terms contained in this Agreement but not specifically defined shall have the meanings set forth in the User Agreement. The User is aware that by approving the User Agreement and choosing to make payments using Tripy Wallet, the User accepts this Agreement.

1.6. For detailed information on privacy and protection of personal data due to your use of Tripy Wallet, you can obtain detailed information from the Privacy and Personal Data Protection Policy on our website www.tripy.mobi and the Application Form for the Data Owner to Exercise His Rights Pursuant to the Law No. 6698 on the Protection of Personal Data.

  1. Objective

Tripy Wallet provides a payment facility for the User to be used only in electric bicycle rental services (“Services”) offered through the Application, and this Agreement regulates the terms and conditions for the use of Tripy Wallet.

  1. Services

3.1. Tripy Wallet is a payment method that provides payment convenience to Users. Users can create a Tripy Wallet account through the Application. Use of the Tripy Wallet feature is optional for Users and is not mandatory to use the App. Users can add money to the Tripy Wallet for later use or add money to the Tripy Wallet at the time of payment. Payments are made through the Tripy Wallet if there is sufficient balance in the Tripy Wallet while the User is using the Services. However, if there is not enough balance in the Tripy Wallet, the balance amount is collected from the credit card / debit card defined by the User in the Application. This applies to all matters such as penalties, rental fees, compensation for damages to be collected from the User due to the use of the Services.

3.2. The User may add amounts to the Tripy Wallet through credit cards or debit cards belonging to him/her or third parties provided that he/she obtains the necessary permissions.

3.3. Users with Tripy Wallet membership cannot transfer the balance they have uploaded to other Users. The money in Tripy Wallet belongs exclusively to the User and is also exclusively at the disposal of the User.

3.4. The amounts transferred to Tripy Wallet by the User can only be used in the Services offered through the Application.

3.5. Tripy Wallet is a special payment facility offered only to Users, and it is not possible to become a Tripy Wallet user directly without being a Tripy User.

  1. Tripy Wallet System

4.1. The User may create a Tripy Wallet membership up to the upper limit amount determined by Tripy and in Turkish Lira currency to be used only on the Application and to be used in the Services within the scope of the Application.

4.2. Upon the User’s approval of this Agreement, the Tripy Wallet account will be automatically opened.

4.3. After creating the Tripy Wallet, the User will make a balance upload to Tripy Wallet in Turkish Lira currency via credit card or debit card (debit card) to be verified from the phone number entered in the system.

4.4. Tripy Wallet account will become active after the balance is uploaded by the User.

4.5. Only credit cards or debit cards belonging to banks established in the Republic of Turkey can be used for money uploads to Tripy Wallet.

4.6. If the User changes his/her mobile phone number, he/she shall notify Tripy immediately. The User accepts, declares and undertakes that he / she will not make any claim under any name whatsoever from Tripy regarding the amounts loaded using the old mobile phone number and irrevocably releases Tripy in respect of all claims in this regard.

4.7. The User may use Tripy Wallet only in the Services offered through the Application (such as electric bike rental and reservation). It is not possible to use the balances in the Tripy Wallet account on any platform or medium other than the Application.

4.8. After the electric bicycle ride and/or reservation to be paid by the User using the Tripy Wallet account through the Application, the User cannot request the return of the amounts loaded to the Tripy Wallet to the bank account and cannot transfer these amounts.

4.9. If the User prefers Tripy Wallet among the payment options when the vehicle is at the return stage after completing the use of the electric bicycle through the Application, the relevant rental amount will be collected by Tripy from the User’s Tripy Wallet. Only the order amount will be collected from the Tripy Wallet account and the remaining amount will continue to be kept in the Tripy Wallet.

4.10. If the User’s Tripy Wallet account has a balance equal to the rental amount, the payment method with Tripy Wallet will be determined by the User as the default payment method. In the event that the User’s Tripy Wallet account does not have a balance equal to the current amount corresponding to the rental period, if the User does not add additional balance to Tripy Wallet to cover the rental amount, payment cannot be made with Tripy Wallet and other payment methods available in the Application will be preferred.

4.11. Tripy will be able to collect the unpaid service fees arising from the User’s previous rides automatically, partially or completely from the Tripy Wallet account without seeking the User’s consent if there is sufficient balance in the User’s Tripy Wallet account.

4.12. If the User’s ride price exceeds the balance in the Tripy Wallet, after the entire balance in the Tripy Wallet is used, the remaining amount can be loaded directly from the payment page (“with the balance top-up option at the time of payment”) or payment can be made by credit card or debit card.

4.13. The User shall manage the Tripy Wallet account through the Application and perform balance top-up and payment transactions through the Application.

4.14. In the event that the amount of the Services that the User benefits from through the Application is subsequently canceled for any reason, Tripy will refund the cost of these Services to the Tripy Wallet account.

4.15. Tripy has the right to unilaterally close, stop and terminate this service. In such a case, an informational e-mail regarding the use of the balance belonging to the User will be sent to the Users and the balance in their accounts will be used. Unused balances will be returned to one of the payment options defined by the Users.

4.16. No interest shall be paid for the balance remaining idle in the Tripy Wallet and shall not be returned to the User. The User accepts this in advance.

4.17. In the event that the credit or debit cards previously used for balance transfer to Tripy Wallet through the Application are canceled or no withdrawal can be made from the relevant cards in any way, the balances required to be returned to the User in accordance with Articles 4.14 and 4.15 will be made to the User’s confirmed bank account that the User will notify Tripy. Users must provide Tripy’s customer support team with the necessary and helpful documents and information to authorize bank accounts. In this way, Tripy will verify the accuracy of the User’s bank account information. Tripy may change or add new user authentication criteria at any time to confirm the User’s identity and ownership of the bank account.

5.Obligations of the User

5.1. While the User benefits from Tripy Wallet services;

  • That he/she is of legal age and does not lack the capacity to act,
  • The terms of use, rights and obligations of the parties and other provisions in the User Agreement, which was presented to him during the membership creation phase in the Application and which he accepted, are fully valid and he accepts these provisions in full;
  • The responsibility for damages arising from the incorrect or incomplete information he / she has shared belongs exclusively to him / her, in such cases, Tripy Wallet membership may be terminated by Tripy,
  • In order to verify the balance upload to Tripy Wallet, he/she may be required to enter a single-use password to be sent to his/her mobile phone; the phone number he/she reported while subscribing to the Application will be taken into account when creating a Tripy Wallet account and uploading the balance, and no balance upload can be made with a phone number other than this mobile phone number;
  • That he / she is personally responsible for any transaction he / she will make with his / her mobile phone registered on Tripy Wallet;
  • The User shall not transfer or sell the Tripy Wallet to third parties, otherwise Tripy will not have any liability to both the User and the third party and no claim can be made from Tripy;
  • The user does not have the right to transfer the balance in the Tripy Wallet to third parties;
  • The user can only make a driving payment transaction via Tripy Wallet if he/she has sufficient balance in Tripy
  • Wallet, in case there is not enough balance, he/she cannot benefit from the payment option with Tripy Wallet and may be directed to other payment options;
  • Tripy will not be responsible for information that will be lost, incomplete or transmitted to the wrong address during the use of Tripy services;
  • Tripy will not be responsible for any damages that may arise from the use of the Tripy Wallet belonging to the
  • User by unauthorized persons;
  • Tripy Wallet will be solely responsible for protecting all information that can be associated with the account accessed and will not share them with third parties; Tripy will not be liable for any damages that may occur in case of loss, theft or unauthorized use of the aforementioned information;
  • Tripy has the right to record all transactions of the User in the Application, Tripy Wallet movements, transactions to be performed at any time or continuously, and that any record obtained by Tripy is entirely within the consent of the user;
  • That Tripy has the right to take necessary interventions and terminate the User’s membership if it violates the rules,
  • Tripy may use its system for commercial purposes;
  • Not to transmit information that is prohibited to be transmitted by the legislation and not to share data that is not authorized to be sent such as chain mail, software virus, etc;
  • The refund will only be made to the User’s credit card and debit card, the refund amount will not be more than the amount loaded from the original card, and the User will apply to Tripy for the acceptance of the refund;
  • The User accepts, declares and undertakes that the information regarding any transaction carried out within the scope of this Agreement may be shared by Tripy with the relevant institutions and organizations for the purposes specified in the texts regarding the fulfillment of its legal obligations and the Protection of Personal Data and / or may be anonymized and used.
  1. Rights and Powers of Tripy

6.1. Tripy is authorized to collect the User’s debt amount directly from the Tripy Wallet account without the User’s consent if there is sufficient balance in the Tripy Wallet account.

6.2. Users are not obliged to upload a balance to the Tripy Wallet or to make a ride payment through it.

6.3. The balance in the Tripy Wallet dedicated to the User must be transferred exclusively from the credit card or debit card of the User and/or a third party approved by the User.

6.4. Tripy shall not have any responsibility for the transactions to be made through Tripy Wallet and shall be solely responsible for any damages arising from the User’s partial / complete violation of the obligations specified in this Agreement and / or the User Agreement, the use of the Tripy Wallet account to third parties or unauthorized use. It is the User’s responsibility to protect the User’s access information to the Tripy Wallet account and to take measures to prevent its use by others, and Tripy is not responsible for any damages that may occur in terms of neither the User nor third parties.

6.5. Tripy may temporarily suspend or completely stop the ability of the relevant Users to make payments or request a balance refund via Tripy Wallet due to security suspicions or malicious User transactions

6.6. Tripy will take every care to ensure that its services are provided in a timely, secure and error-free manner, that the results obtained from the use of the service are accurate and reliable, and that the service quality meets expectations, but does not undertake to do so.

6.7. Tripy shall have no liability to the User or third parties due to the temporary suspension or complete cessation of the use of the Tripy Wallet.

6.8. The Company has the right to make changes and updates to this Agreement on its own unilateral initiative. Changes and updates made to the Agreement will be accessible on the Company’s Application and website and Users will be informed about the changes made to the Agreement. The User’s use of the Application following the changes and updates in the Agreement means that the User accepts the current agreement.

  1. Payment

7.1. If the User uploads a balance to Tripy Wallet via credit card or debit card, he/she will be able to use Tripy Wallet as a payment facility in the Services he/she will benefit from through the Application.

7.2. The User is obliged to notify Tripy of his/her objections and complaints regarding the transactions to be made with Tripy Wallet and his/her refund requests as soon as possible from the “Contact Us” section in the Application to the call center +90 (850) 208 38 98 and by sending an e-mail to the e-mail address [email protected].

7.3. It is obligatory to submit complaints to Tripy as soon as possible regarding the transactions paid or the amount paid using Tripy Wallet. Otherwise, no refund will be made by Tripy.

7.4. The amount that can be refunded is the current balance in the User’s Tripy Wallet account. The amount spent by the User is not considered within the scope of the refund and will not be refunded.

7.5. After the confirmation notification regarding the refund request is sent to the User, the refund will be made to the User’s credit card or debit card between 2 and 15 days depending on the bank where the User works. Tripy is in no way responsible for the fact that the refund cannot be realized or refunded within the specified period due to the fact that the credit card and / or debit card has been canceled for a reason related to the bank.

7.6. An e-invoice will be issued in return for the service paid with Tripy Wallet, and if the balance is uploaded to Tripy Wallet, a collection receipt will be issued and will be sent to the User via electronic media upon request of the User.

7.7. Tripy shall not be liable to the User and / or third parties for delays occurring as a result of unforeseen or unavoidable circumstances, failure to perform the payment transaction or errors in the payment transaction other than its own fault or damages incurred as a result thereof.

  1. Other Provisions

8.1. Transactions arising from all legal changes that will take place outside the scope of this Agreement are outside the responsibility of Tripy and Tripy may make changes, amend existing articles and / or add new articles within the scope of this Agreement and Tripy Wallet application in order to comply with the technical needs and / or legislation that may arise in the future.

8.2. Tripy reserves the right to make unilateral changes under this Agreement and the User Agreement.

8.3. The failure or delay of the Parties to exercise or exercise any right or authority granted in this Agreement shall not constitute a waiver of that right or authority, and the exercise of a right or authority alone or partially shall not prevent the subsequent exercise of that or any other right or authority.

8.4. If any provision of this Agreement and/or the User Agreement is deemed invalid or unenforceable, this shall not affect the validity of the Agreement. The Parties shall replace the invalid or unenforceable provision with a legal, valid and enforceable provision having a similar effect to the extent possible. The other provisions shall remain in full force and effect.

8.5. The Company may transfer or assign all or part of this Agreement, or its rights and obligations arising therefrom, to a subsidiary, parent or affiliated company, to a subsidiary, parent company or affiliated company, to a recipient of its capital, business or assets, or to a successor company through merger or other business combination, without diminishing the security provided to the User hereunder. However, the User may not transfer its rights and obligations arising from this Agreement under any circumstances.

  1. Nature of Evidence

In any dispute arising from the performance of this Agreement, User information, driving/reservation details, evaluation/scores etc. stored in the Application database shall constitute binding and conclusive evidence.

10. Applicable Law and Competent Court

Turkish Law shall be applicable in the interpretation of the Agreement and/or in all disputes arising out of and/or in connection with this Agreement and/or between the parties, and Ankara Central Courts and Enforcement Directorates shall be exclusively authorized in all disputes arising out of, in connection with or arising out of the Agreement.

  1. Effective Date

This Agreement enters into force between the parties when the User uploads the balance to Tripy Wallet for the first time through the Application and remains in force indefinitely as long as Tripy Wallet is used and the User Agreement is not terminated.

  1. Privacy Commitment

12.1. The User, including but not limited to those listed in accordance with the Agreement, the Application, software, source code, algorithm, product, service, whether registered or not, trademark, invention, patent, design, idea, know-how, content, visual, financial, legal, technical reports, customer and personnel information belonging to the Company, especially Tripy, accepts and undertakes that all kinds of commercial, professional information and Personal Data such as marketing and strategy information are confidential information and that it will protect this confidential information, will not transfer / disclose, reproduce, copy, reverse engineer, modify, change or delete it to third parties, paid or free of charge.

12.2. The User agrees that he/she has read and understood this Confidentiality Commitment and that the Company will be exposed to irreparable damages in case of breach of this commitment.

12.3. This confidentiality commitment shall remain valid indefinitely even if this Agreement expires or is terminated.

12.4. In case of partial or total violation of the provisions of this Article 12, the Company shall have the right to terminate the Agreement unilaterally and for just cause. Regardless of the right of termination, the Company reserves the right of recourse to the User together with legal interest for all damages incurred and all costs, including judicial / administrative fines, compensation, etc., which the Company has to pay to third parties. The Company has the right to collect the User’s obligations under this Agreement from the balance in the User’s Tripy Wallet. If there is not enough money in the User’s Tripy Wallet, the Company will be able to collect these amounts from the User’s credit card or debit card registered in the Application. This is accepted in advance by the User.

  1. Termination and Termination

The parties may terminate this Agreement at any time and without any compensation obligation against Tripy. At the time of termination of the provisions, the existing rights and receivables of the parties against each other are not affected. Tripy reserves the right to terminate this Agreement for just cause if the User partially / completely violates its obligations arising from this Agreement, Application, User Agreement or legal legislation.

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