Martı Wallet User Agreement

1. Parties

Martı Wallet User Agreement (“Agreement”) signed between the persons, who benefit from the Services in the Martı mobile application (“Application”) by choosing the convenience of payment by wallet (“Martı Wallet”) via the Application (“User ” / “Users”) and Martı İleri Teknoloji A.Ş. (“Martı”). The User and Martı will be referred as the "Parties" together and as the "Party" separately.

This Agreement is an inseparable part of the User Agreement signed during registration to the Application for Users who prefer the convenience of payment with Martı Wallet and the rights and obligations in the User Agreement are exactly valid. Terms included in the Agreement but not specifically defined have the meanings set out in the User Agreement.

2. Services

Martı Wallet is a payment method that provides ease of payment to Users providing by Martı. By accepting this Agreement, Users will create a Martı Wallet account through the Application. The User can only add amounts to Martı Wallet via credit cards and debit cards. Martı will determine the amounts that can be transferred at once.  Martı reserves the right to amend these amounts at any time. The amounts transferred to Martı Wallet can only be used in the Services offered through the Application.

3. Martı Wallet System

3.1. The User will be able to create a Martı Wallet account in order to use in the Services offered through the Application, to the extent that the upper limit amount determined by Martı in TL (Turkish Lira) currency.

3.2. After creating Martı Wallet, the User will load the balance in TL currency to Martı Wallet via credit or debit card. The User may be asked to enter one-time password to be sent to mobile phone number of the current account in the Application in order to verify the balance load transaction.

3.3. In the event that the User changes his/her mobile phone, the User accepts, declares and undertakes that the User will not make any claims regarding the amounts charged by Martı pursuant to the article 3.6 and that the User has accepted Martı as irrevocably beneficiary in the broadest sense for the past and future.

3.4. The User can only use Martı Wallet for Services (riding, making reservations etc.) offered through the Application. It is not possible to use the balances in Martı Wallet account on any platform except the Application.

3.5. The User will be able to top up the Martı Wallet account up to 5 times within 24 hours. The total balance of Martı Wallet can be up to the maximum amount specified in the Application.

3.6. In the event that the conditions announced in the Application are fulfilled for the rides and/or reservations that the User will pay using the Martı Wallet account through the Application, a certain percentage or amount of the ride and/or reservation announced by Martı will be topped-up to the User's Martı Wallet. The User can only use these fees topped-up by Martı in the Services offered through the Application. The User cannot request the refund of the amounts topped-up to the User's Martı Wallet by Martı as a result of his driving and/or reservations, and cannot transfer these fees.

3.7. The User accepts, declares and undertakes as a result of the riding and/or reservations made by the User through the Application, in accordance with the Article 3.6, the amount topped-up to Martı Wallet in any way will not exceed the remaining limit in the User's Martı Wallet account and no payment will be made to the Martı Wallet account even if it deserves a more refundable amount in terms of the total ride and/or reservation amounts. Regarding that the User will not demand any price under any circumstances.

3.8. If the User chooses Martı Wallet, which is among the payment options, when he/she makes a ride and/or reservation through the Application and reaches the completion stage, the relevant ride and/or reservation amount will be collected from the User's Martı Wallet by Martı. If the User's Martı Wallet account has a balance equal to the ride and/or reservation amount, the payment method with Martı Wallet will be determined as the default payment method by the User, and the User can change the payment method and pay the amount related to other payment methods registered in the Application. If the User's Martı Wallet account does not have a balance equal to the amount of the ride and/or reservation, the payment cannot be made with Martı Wallet and other available payment methods will be preferred.

3.9. Only the amount of the ride and/or reservation will be collected from Martı Wallet, and the remaining amount will continue to be kept in Martı Wallet.

3.10. Martı will be able to automatically collect the unpaid service fees (“credit amount”) arising from the User's previous rides from the Martı Wallet account without seeking the User's approval, provided that there is sufficient balance in the User's Martı Wallet account.

3.11. As stipulated in Article 18 of the User Agreement, under the title of Penalties, in case the User violates the rules or the law in the agreement and/or transmitted through the Application, he/she will be able to pay the penalty fees charged to him/her with Martı Wallet account. It is not possible for the User to benefit from the Services without paying these penalties.

3.12. Martı will be able to make partial collections from Martı Wallet account regarding the penalties and receivables charged to the User.

3.13. If the User selects the “ automatically reload ” option while loading the balance to the Martı Wallet account, the preferred amount to be topped-up automatically, as soon as the balance in the Martı Wallet account falls below the amount specified in the automatic top-up field in the Application, it is preferred to automatically load the balance to the Martı Wallet account via payment method (credit card or debit card).

3.14. The User will manage his/her Martı Wallet account through the Application, and perform the loading and payment transactions through the Application.

3.15. In the event that the amount of the Services used by the User through the Application is cancelled later for any reason, Martı will refund the fee for these Services to the Martı Wallet account.

3.16. Martı has the right to unilaterally close, stop and terminate this service. In such a case, the balance belonging to the User will be returned to the credit or debit card to which the User made the payment. No other payment will be made to a credit or debit card.

4. Rights and Obligations of the User

4.1. While the User is using Martı Wallet services, the User accepts, declares and undertakes;

Ø  The terms of use, the rights and obligations of the parties and other provisions of the User Agreement submitted and accepted during the membership creation phase in the Application are exactly valid;

Ø  It may be necessary to enter a one-time password to be sent to his/her mobile phone in order to verify the balance to be made to Martı Wallet (The phone number provided when registering to the Application will be taken into account when creating the Martı Wallet account and loading the balance);

Ø  He/she is personally responsible for any transaction that he/she will make with the registered mobile phone through Martı Wallet;

Ø  He/she will not transfer or sell Martı Wallet to third parties, otherwise Martı will not have any responsibility to both the User and the third party, and no demand can be made from Martı;

Ø  The User does not have the right to transfer the balance in Martı Wallet to third parties;

Ø  He/she can make a riding payment transaction only if he/she has sufficient balance in Martı Wallet;

Ø  In the event that the User account is closed or put inactive by Martı in the cases stipulated in the User Agreement, if the User has a balance in the Martı Wallet account, only that amount of this balance will be refunded to the User’s credit or bank card account that he/she had used for topping up beforehand within 2 to 15 days;

Ø  Martı owns the financial and moral rights of the services and software provided by Martı in the form of processing, reproduction, dissemination, representation and transmission to the public pursuant to the Law No. 5846 on Intellectual Property Rights;

Ø  Martı will not be held responsible for any damages that may occur due to unauthorized use of the User's Martı Wallet; and the User will be responsible for protecting all information that can be associated with the account accessed Martı Wallet and will not share them with third parties; and Martı will not be held responsible for any damages that may occur if the aforementioned information is lost, stolen or used in an unauthorized manner due to non-compliance with this confidentiality obligation;

Ø  Martı can monitor the entire system at any time or continuously, and has the right to record the transactions to be performed;

Ø  Martı has the right to take necessary actions and terminate the User's membership if he/she violates the rules,

Ø  Information regarding any transaction carried out within the scope of this Agreement may be shared with relevant institutions and organizations and/or used by being anonymised by Martı in order to fulfill its legal obligations. 

4.2. The balance refund to be made to the User will only be made to the credit card and debit card that has been loaded through. The refund to be made to the credit card that has been loaded cannot be more than the charge made from the used credit card or debit card.

4.3.According to Article 18/5 of the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions; in the event that the transactions made with Martı Wallet application reach the level to be determined by the Central Bank of the Republic of Turkey in terms of total size and area of influence, and/or for another reason to be appreciated by Martı, the User have option as refund to credit card or bank account to which the balance in Martı Wallet is paid or to continue the membership with the company to be notified by Martı, within the scope of the provisions of this Agreement.

4.4. In any case, Martı's liability to the User is equal to the balance available in Martı Wallet. 

5. Rights and Obligations of Martı

5.1. Martı Wallet service provides a payment facility for Users to be used only in the Services offered through the Application.

5.2. Martı has right to collect the debt amount of the User directly from the Martı Wallet account if there is sufficient balance in the User's Martı Wallet account as specified in Article 3.10 of this Agreement.

5.3. The balance in Martı Wallet allocated to the User has been transferred exclusively from the User's credit or debit card, and Martı has no commitment to pay for this account.

5.4. Martı has no responsibility for the transactions to be made through Martı Wallet, and the User is solely responsible for any damage caused by the User's violation of the obligations set forth in Article 4 of this Agreement, having the Martı Wallet account used by third parties or sharing the one-time password with third parties. Protecting the User's Martı Wallet account access information and taking measures to prevent it from being used by others is the responsibility of the User and Martı is not responsible for any damages that may occur.

5.5. There is no obligation to use Martı Wallet, load balance into Martı Wallet and pay the driving fee with Martı Wallet. Using Martı Wallet service is upon request. 

5.6. Martı may suspend the operation of the system temporarily or completely stop it at any time.

5.7. Martı may temporarily or completely suspend the ability of Users to make payments or request balance refunds through Martı Wallet, due to security concerns or malicious User actions.

5.8. Martı will not have any responsibility towards Users or third parties due to the temporary suspension or complete suspension of the use of Martı Wallet.

5.9. Martı will take the necessary care to ensure yet not guarantee that the services are provided on time, safely and without errors, also that the results obtained from the use of the service are accurate and reliable, and that the service quality meets the expectations.

5.10. Martı has the right to change the terms and provisions of this Agreement at any time and without any prior notice, in order to comply with future technical requirements and legislation, provided that it is not to the detriment of the Users. In this context, Martı may make changes in the implementation of this Agreement, amend existing articles or add new articles.

6. Payment

6.1. In case the User tops up balance to Martı Wallet via credit or debit card, Martı Wallet will be able to use Martı Wallet as an easy way to pay for the Services that he/she will benefit from through the Application. The User is obliged to notify Martı of his/her objections and complaints, through the "contact us" section of the Application or by sending an e-mail to the destek@marti.tech e-mail address as soon as possible. Complaints regarding the transactions paid or the amount paid using Martı Wallet must be conveyed to Martı as soon as possible. Otherwise, Martı has the right to reject the objection regarding any mistake in the transactions and not to make any refunds.

6.2. An e-invoice will be issued for the service paid with Martı Wallet. A receipt of payment will be issued for the top-up transaction and will be sent to the User upon request.

6.3. Martı shall not be liable for delays, failure to perform the payment transaction or any errors in the payment transaction, other than its own fault or for damages resulting from these.

7. Legal Obligations

7.1. All transactions arising from legal changes that will occur outside the scope of this Agreement will be outside the scope of Martı's responsibility and will be reflected in the Agreement.

7.2. The fact that any article of this Agreement is deemed invalid by the law, by the legislator or by any official authority or courts, it does not affect the validity of other articles, except that it eliminates the purpose of the implementation of this agreement or makes it very difficult.

8. Protection of Information and Proof Obligation

User information, ride/reservation details, evaluation/ratings etc. stored in the Application database, which constitutes binding and conclusive evidence in all kinds of disputes arising from the performance of this Agreement. 

9. Martı Wallet Balance Refund

9.1. When the User wants to return the balance in his/her Martı Wallet account, he/she has the right to create a refund request by sending an e-mail containing the user information to destek@marti.tech. In the event that the User makes such a request, the User will be notified via e-mail within 3 working days about the refunded fees. If the User has an active debt on the Application, no refund will be made without paying the debt.

9.2. The amount that can be refunded is the current balance of the User in Martı Wallet account. The amount spent by the User is not considered as a refund and is not refundable.

9.3. After the confirmation notification regarding the return request is sent to the User, a refund will be made to the User's credit or debit card within 2 to 15 days depending on the relevant bank. Martı is not responsible in any way if the refund cannot be made because the credit card and/or debit card has been cancelled or any other cause due to a bank-related reason.

10.  Applicable Law and Competent Court

This Agreement is subject to the laws of the Republic of Turkey. Istanbul Anatolian Courts and Enforcement Offices are competent to settle any dispute that may arise from the performance of the contract.

11.  Validity

This Agreement enters into force between the parties online and indefinitely after the User tops up the balance to Martı Wallet through the Application.

12.  Termination

The Parties may terminate this Agreement at any time and without incurring any indemnity liability against Martı. At the time of termination of the contract, the rights of the parties to each other remain unaffected.