"Nakit Yok" User Agreement
Parties
This "Nakit Yok" User Agreement ("Agreement") is established and becomes effective upon the User's signature or electronic approval of the Agreement, between the user who uses the Nakit Yok Services ("User") and NAKİT YOK YAZILIM ANONİM ŞİRKETİ ("Nakit Yok"), based at the address "Fener Mah. 1967/1 Sk. Yasemin apt. Sitesi Yasemin apt Blok No:12 iç kapı No:2 Muratpaşa/Antalya". The User declares, accepts, and undertakes that they have accepted the regulations in this Agreement and confirmed the accuracy of the information provided.
Definitions
2.1 Nakit Yok Service - The Nakit Yok service available at the website https://nakit-yok.com/ or the Nakit Yok mobile application hosted on Android and iOS platforms, primarily providing the technical capability of transferring non-cash funds from Customers to Recipients.
2.2 User - Anyone who uses the Nakit Yok Service. The Nakit Yok Service is divided into two User categories with different rights and assigned tasks: "Customers," and "Administrators.
Customer - A registered User of the Nakit Yok Service who has the right to make optional and free money transfers using the functionality of the Nakit Yok Service and leave feedback about the work of it. Customers are unregistered and registered Users of the Service in both.
Administrator (Manager of a business like a restaurant, beauty salon, etc.) - A registered Nakit Yok Service User with the authority to provide access to the Service for monitoring received money transfers and feedback about their work within their managed business.
2.3 Personal Information - Any information about a User obtained during the use of the Nakit Yok Service.
2.4 Virtual POS - A partner of the NakitYok Service, enabling non-cash fund transfer from Customers to Business.
2.5 Confidential Information - Information transferred to the Operator by the User under this Agreement, including but not limited to the following: commercial, contractual, and financial information, as well as all documents and/or other information prepared in written or written form that reflect such information and/or other information containing them. Confidential information to be protected and not disclosed under this Agreement does not include information that reflects public information about the Service's resources and other websites and services, as well as other information that cannot be considered confidential information according to the current legislation of the Republic of Turkey.
General Provisions
3.1 The Operator has developed and approved this "User Agreement." The User Agreement serves as an addition to the "Nakit Yok Service Personal Data Processing Policy" found at https://nakit-yok.com/. Anything not explicitly regulated in this User Agreement is subject to regulation according to the Policy.
3.2 Customers are obliged to read this User Agreement before using the Nakit Yok Service and fully accept its terms. Failure to comply with the terms of the User Agreement makes it impossible to use the Service.
3.3 This User Agreement has the nature of a public offer in accordance with the Law of Civil Procedure of the Republic of Turkey. The Operator provides the opportunity to use the Nakit Yok Service from the moment the User accepts this User Agreement and the Policy.
3.4 The User's acceptance of this User Agreement indicates the User's full consent to the terms of the Agreement.
3.5 Customers also undertake to read the Virtual POS - Papara User Agreement available at https://www.papara.com and fully accept its terms before using the Nakit Yok Service. Refusal to accept the Virtual POS User Agreement makes it impossible to use the Nakit Yok Service for transferring funds.
Use of the "Nakit Yok" Service
4.1 The Nakit Yok Service provides a technical opportunity for information and technological interaction between Customers and Recipients, facilitating non-cash fund transfer from Customers to Recipients. The Nakit Yok Service offers Customers a free technical opportunity to leave feedback about the work of Recipients.
The Nakit Yok Service does not provide services for money transfer. Money transfers are carried out by the Virtual POS.
The commission for receiving funds transfer from Payers to Recipients by the Virtual POS ranges from 0% to 10% and is displayed in the user interface of the Platform at the time of payment.
4.2 Money transfer from Customers to Recipients is an unconditional gratuitous transfer from one individual to another, and thus is exempt from taxation under the legislation of the Republic of Turkey (subject to the Turkish Tax Legislation).
In the event that the Customers uses the Nakit Yok Service for purposes other than transferring funds, the Customers is responsible and obliged to calculate and pay all legal taxes and fees arising from the misuse of the Service and money transfers for purposes other than intended.
Rights and Obligations of Customers and Operator
5.1 The rights of the Customers:
5.1.1 To use the functionality of the Nakit Yok Service in accordance with the assigned User category;
5.1.2 To provide the Operator with Confidential Information required for actions necessary to use the Nakit Yok Service;
5.1.3 To reject receiving information messages by sending a notification to the email address support@nakit-yok.com;
5.1.4 To contact Service support by sending an email to the following email address for questions, requests, and suggestions regarding the operation of the Nakit Yok Service: support@nakit-yok.com. The deadline for submitting requests is 3 (three) business days from the date of the connected event, which is the date the request is submitted.
5.2 The Customers undertakes:
5.2.1 To provide accurate, up-to-date, correct, and complete information while using the Nakit Yok Service. The Customers also acknowledges that the Operator is not obligated to verify the accuracy of the information provided by the Customers;
5.2.2 Not to act on behalf of another real or existing person, not to provide personal information of third parties, and not to use personal information of third parties in a way that does not comply with the requirements of the legislation of the Republic of Turkey. The responsibility for these actions, including actions that lead to losses in the Nakit Yok Service, lies with the Customers.
5.3 The Operator has the rights to:
5.3.1 Change the terms of this User Agreement in accordance with paragraph 5.4 of this User Agreement;
5.3.2 Refuse any User at any time from using the Nakit Yok Service. Refusal to use the Nakit Yok Service implies the impossibility of using the Service for transferring money. The Operator is not obliged to explain to the User the reasons for refusing to use the Nakit Yok Service;
5.3.3 Work with third parties to achieve the goals of using the Nakit Yok Service, subject to the privacy provisions and other conditions specified in this User Agreement.
5.4 The Operator undertakes to:
5.4.1 Provide the Customers with the opportunity to use the Nakit Yok Service in accordance with this User Agreement;
5.4.2 Maintain the functionality of the Nakit Yok Service, except in cases when it is impossible for reasons beyond the control of the Operator;
5.4.3 Ensure the security and non-disclosure of the Confidential Information provided by the User under this Agreement. The Operator undertakes not to disclose, not to provide, not to distribute, not to discuss, and not to reproduce Confidential Information provided by the Customers, except as provided by the current legislation of the Republic of Turkey or this Agreement.
Functionality and services provided
6.1 Payment
You acknowledge that Nakit Yok allows you to pay for services or goods provided to a partner through the Nakit Yok application, where Nakit Yok mediates and ensures the collection of payments with the limited authority of such a partner. A payment made in this way will be considered the same as a payment made by you directly to that partner. Payments will include applicable taxes as required by law. Payments made by you are final and non-refundable unless otherwise specified by Nakit Yok. You have the right to request lower amounts from the Partner in payment for the services or goods you have received from the Partner at the time you receive the relevant goods or services. Nakit Yok will respond accordingly to any Partner's request to change the amount of payment for specific services or goods.
All payments are due immediately and the relevant payment will be mediated by Nakit Yok, through the Nakit Yok application and online payment gateway Papara and PayTR. The administrator of payment card data, where this data is stored and processed, is Papara and PayTR. If this data is misused, Nakit Yok bears no responsibility for the misuse of payment card data. Nakit Yok will make a recurring payment from the payment card that you have entered into the online payment gateway via the Nakit Yok application as the payment card from which you wish to pay for the services and goods provided. Nakit Yok may issue a debit request to the Payment Gateway in the amount you instruct through the Nakit Yok App. Nakit Yok will then email you a receipt on behalf of the partner. If the application does not confirm a successful payment with the partner, it is not considered that you have paid the partner for the services and goods provided and you must choose an alternative payment method of the partner that the partner accepts.
Nakit Yok may from time to time provide certain users with promotional offers and discounts that may result in differences in the amounts charged for the same or similar services or goods obtained through the use of the Services, and you hereby agree that such promotional offers and discounts, unless also available to you, will have no effect on your use of the Services or the charges applicable to you.
Nakit Yok offers the functionality of ordering / reordering on an open account. A user who creates an order on an open account is also obliged to pay for such an order. In the event that such an order is not paid and the user causes damage to the partner, the Nakit Yok company has the option to cancel such an order, which the user created through the Nakit Yok application and did not pay, using the payment method added by the user to the Nakit Yok application. Nakit Yok reserves the right to enable the ordering / reordering service on an open account only for certain users.
You understand and agree that although you have the option to increase the payment as a tip for the partner, you are under no obligation to do so. Any special rewards are optional. After you pay for the services received or goods obtained from a partner, you will have the opportunity to rate your experience and leave comments about that partner.
Nakit Yok is not a payment service provider.
6.2 Reservations
Nakit Yok offers the functionality of creating and managing reservations. It is possible to do so conveniently via the website and the application. The reservation can be cancelled just as easily electronically.
6.3 About "takeaway"
Order Nakit Yok allows you to create a prepaid "takeaway" order, whereby the order can be created via the web e-shop or directly through the Nakit Yok application. The user is identified by the generated order number at pick-up.
6.4 Viewing the restaurant menu
Nakit Yok allows you to view the partner's menu via the Nakit Yok application.
Nakit Yok evaluation offers the functionality of evaluating satisfaction with the services provided
Other Provisions
7.1 This User Agreement comes into effect from the moment the User accepts this User Agreement in accordance with paragraph 3.4 of the User Agreement.
7.2 The User's acceptance of this User Agreement signifies the User's full agreement to the terms of the Agreement.
7.3 The Operator is not responsible for services provided by third parties, including partners of the Nakit Yok Service.
7.4 This User Agreement may be changed by the Operator by publishing a new version of the User Agreement on the Nakit Yok Service website. The Customers undertakes to independently periodically check this User Agreement for changes (the publication date is indicated in the document). Changes and additions to this User Agreement made by the Operator come into effect from the date of publication of a new version of the User Agreement. The User Agreement is published on the official website of the Operator at https://nakit-yok.com/.
7.5 In case of any disputes or disagreements, the parties create a mandatory pre-trial procedure to address a claim. The consideration period for a claim is 30 calendar days from the date of receipt by the Operator. In the event of unresolved disputes or disagreements between the parties, Istanbul Central Courts and Execution Offices have jurisdiction to resolve disputes arising from the implementation of the Agreement.