Terms of Use and Agreement

FRAMEWORK PAYMENT SERVICES and ELECTRONIC MONEY CONTRACT

Article 1. Parties: This Framework Payment Services and Electronic Money Agreement ("Agreement"); LİFECELL DIGITAL LTD. ("LDL" and/or "PAYCELL") (MŞ: 19556 Address: 7. Sokak No:8, Organize Sanayi Bölgesi, Taşkınköy, Lefkoşa, and the payment service user ("Customer/User") who has entered into this Agreement to obtain the payment services specified in this Agreement from LDL (LDL and the Customer will be hereinafter referred to separately as "Party" and together as "Parties").

Article 2. Definitions: Unless otherwise expressly stated in the Agreement and its annexes, it shall have the following meanings: "Recipient" shall mean the natural or legal person to whom the funds subject to the Payment and/or Electronic Money transaction are intended to reach and/or to whom the Customer makes payment by using LDL services to provide goods or services. "Call Centre" means the call centre numbered 05338781018 which meets all kinds of support/complaint requests of the Customer unless otherwise specified in the Agreement.

"Electronic Money" shall mean the monetary value issued and stored electronically against the funds accepted by LDL and its Representatives and used for the realisation of payment transactions defined under the Law.

"Sensitive Payment Data" shall mean personal security information related to the Payment Instrument such as password, security question, certificate, encryption key and PIN, card number, expiry date, CVV, CVV2, CVC2 codes which are used in the issuance or authentication of the Payment Order and which, if intercepted or changed, may allow fraud or fraudulent transactions.

"Working Day" shall mean Monday to Friday, excluding public holidays.

"Transaction Limit" is the maximum amount of transactions that can be performed by the Customer at one time and/or monthly (in total).

"Institution" refers to the Central Bank of the Republic of Turkey and/or the TRNC Central Bank.

"Legislation" refers to the Law, Legislation and other relevant regulations.

"PAYCELL Services" refers to the services provided by PAYCELL to the Customer within the scope of the authorisation/permit received from the Authority pursuant to the Law and its secondary regulations and the activities enabled by the Authority's regulations. Accordingly, in this Agreement, the product and service related charges such as product and service charges, late payment interest, late collection charges that the Customer receives from the Buyer/product/service/services seller; the payment service ("Mobile Payment") that allows the Customer to collect the fees by reflecting them on the service invoices of the IT or electronic communication operator, which is the representative of PAYCELL, or by reflecting them on the existing TL defined in the line for prepaid line subscribers and to transmit them to the Buyer / Buyer's Payment Service Provider, or the issuance of Electronic Money in accordance with the Law upon the Customer's instruction; services enabling the collection of the product/service/service fee, late payment interest and/or late collection fee service fee by means of the issued Electronic Money and transmitting it to the Buyer and/or the Payment Service Provider to be transferred to the Buyer, and foreign currency purchase and sale transactions provided that they are only related to the provision of the payment service, PAYCELL may provide the Customer with ancillary services that are related to the provision of payment services and complementary to payment services such as card storage, card data processing, fraud and abuse prevention, which are related to the provision of payment services and which secure and facilitate the activities of payment service providers, as well as training and consultancy services related to payment services and the operation of payment systems, provided that the provisions of the Law are complied with. PAYCELL Services may also be referred to as Turkcell Mobile Payment, Turkcell Billing, Pay with Turkcell Line, Prepaid Card/Paycell Card and similar names shall be used at the time of payment order/service basis.

"Payment Instrument" shall mean the personalised instrument used for issuing the Payment Order, which can receive SMS, and which is the mobile phone, password and similar personalised instrument belonging to the Customer.

"Payment Order" is the instruction given by the Customer for the realisation of the payment transaction.

"Payment Services" means all payment and Electronic Money services provided by PAYCELL under this Agreement based on the authorisations in the Law.

"Payment Service Provider" is an organisation that has the necessary permissions in accordance with the legislation and provides payment services within the framework of these permissions.

"Paycell App / Card Storage Service" is the platform that provides secure and easy solutions to Users.

"Representative" refers to the person(s) acting on behalf and account of PAYCELL in order to perform the transactions within the scope of the services undertaken by PAYCELL in the Agreement and whose information is available at https://kktcell.com/paycell Contact Us link.

Article 3. Subject of the Agreement: Determining the scope of PAYCELL Services to be provided by PAYCELL to the Customer in accordance with the Legislation and the rights and obligations of the Parties regarding these services.Madde 4.

Regulations related to the Service

4.1 PAYCELL undertakes to provide the Customer with the services required in accordance with the articles of the Law and secondary regulations related to the Law through PAYCELL Services upon the fulfilment of the requirements related to the service by the Customer as of the approval signature date of the Agreement. PAYCELL is authorised to provide the PAYCELL Services regulated under this Agreement in person or through the Representative, and to the extent permitted by the Legislation, the rights and powers contained in the Agreement and the obligations of PAYCELL may be fulfilled by the Representative.

4.2 The Customer agrees that he/she shall not perform transactions over the Transaction Limit determined by PAYCELL.

4.3 Within the scope of the Agreement, PAYCELL is responsible for transferring the amounts forwarded to it by the Customer correctly and in accordance with the Regulation to the Buyer or the Buyer's Payment Service Provider within the periods specified in the contract concluded with the relevant party. If PAYCELL fails to fulfil this responsibility, it shall return the unrealised or incorrectly realised part of the payment transaction to the Customer without delay. In this context, PAYCELL shall be responsible for the relevant charges in the event of any interest or fee payment by the Customer. About Consumers: In the event that the services under this Agreement are provided defective, the Customer is entitled to demand the service to be re-performed, to be compensated for the defect arising as a result of the service, to receive a discount in proportion to the defect or to withdraw from the Agreement.

4.4 The Customer shall by no means allow third parties to access the user account to be created with PAYCELL and the Payment Instrument and Sensitive Payment Data to which the account is related, and shall be personally responsible for ensuring their security. The Customer also agrees that he/she shall not disclose or make available to third parties any information related to the Payment Instrument and Sensitive Payment Data, including but not limited to information such as username and password related to the user account, and that he/she shall not use such information for any purpose whatsoever other than the purpose for which it was provided to him/her. The User accepts, declares and undertakes that PAYCELL shall be liable for any damages that may arise due to the use of the Payment Instrument, Sensitive Payment Data, user name and password by unauthorised persons without any fault of PAYCELL and/or the use of the Payment Instrument and Sensitive Payment Data by unauthorised persons and/or the use of the user name and password for purposes other than the given purpose, as specified in Article 4.5.2. In the event of loss or theft of the Payment Instrument or in the event that the Customer is informed of a transaction that took place against the will of the Customer, the Customer is obliged to immediately notify PAYCELL via the Call Centre.

4.5 Erroneous/Unauthorised Transactions:

4.5.2 In the event of use of a lost or stolen Payment Instrument or use of the Payment Instrument by others due to improper maintenance of personal security information, the Client shall be liable for up to 150 Turkish Liras of the damages arising from unauthorised payment transactions. The Client shall not be liable for unauthorised payment transactions that take place after the notification made pursuant to clause 4.4. However, the Client shall be liable for the full amount of the damage resulting from the unauthorised transaction if the Client fraudulently uses the Payment Instrument and willfully or negligently fails to fulfil its obligations under clause 4.4.

4.5.3 Both the Recipient and/or the Recipient's Payment Service Provider and PAYCELL may refuse to accept the payment in case of suspicion of fraudulent transaction by examining the Customer's authorisations if they have a justified belief that there is an unauthorised transaction (the person using any Payment Instrument is not the authorised person or is not the person who has the information to perform the transaction). The Customer agrees that he/she shall not be entitled to any claims in this case.

4.5.4 In the event that the amount is collected from the Buyer and/or the Buyer's Payment Service Provider due to an erroneous and unauthorised transaction, the amount related to PAYCELL's loss arising from the transaction may be deducted from the relevant amount. The Customer is obliged to immediately report erroneous and unauthorised transactions to PAYCELL via the Call Centre or to its Representative in the position of mobile communication provider.

4.5.5 Refund in transactions initiated by the Buyer: The Customer may, within 2 (two) months from the date of execution of the relevant payment transaction, request a refund up to the amount of the payment transaction, provided that the relevant goods or services have not been used, if the amount of the payment transaction is not fully specified during the authorisation of the payment transaction authorised by or initiated through the Buyer and the amount of the actual payment transaction exceeds the amount stipulated by taking into account the expenditure history, contract terms and other relevant issues. PAYCELL has the right to request the Customer to provide factual evidence for its claim. However, in cases where the approval for the payment transaction is given directly to PAYCELL or the Customer is notified at least 1 (one) month before the date on which the payment should be made, the Customer shall not claim any refund for the relevant payment transaction. In cases where a refund can be requested pursuant to this article, PAYCELL shall make the payment within 10 (ten) Business Days or notify the rejection decision together with the reasons, indicating the legal remedies that the Customer may apply.

4.6 The following information regarding the payment transactions performed within the scope of the Agreement will be shared with the Customer within the legal period after each transaction via SMS or user account or in the Customer's IT or electronic communication operator invoice or user or in the slips to be issued from ÖKC and POS devices or via SMS or Paycell App at latest 1 month after the transaction date, depending on the type of transaction: 4.6.1 reference information specific to the payment transaction and information on the Recipient, 4.6.2 the amount of the payment transaction in the currency in which the Customer's payment account is debited or in the currency specified in the payment order, 4.6.3 a breakdown of the total fees and charges payable by the Customer for the payment transaction, 4.6.4 information on the exchange rate applied to the payment transaction, if any, and the amount of the payment transaction calculated using this exchange rate, 4.6.5 information on the date on which the Payment Order was received or the Customer's account was debited.

4.7 PAYCELL is responsible for the transfer to the Recipient or the Recipient's Payment Service Provider of the amounts that can only be collected from the Customer and not returned to the Customer in accordance with this Agreement, the provisions of the relevant legislation, rules and practices. The Customer agrees that the Buyer and/or the Buyer's Payment Service Provider may directly request the amounts that cannot be collected from the Customer for any reason and that PAYCELL shall not have any liability in this regard.

4.8 PAYCELL shall not have any responsibility for the goods or services procured by the Customer from the Buyer by using PAYCELL Services or for their supply or delivery. It is the obligation of the provider of the relevant goods or services to ensure that the goods or services comply with the laws and regulations and are provided or delivered in full. The customer accepts, declares and undertakes that PAYCELL is not a party to any dispute that may arise between the provider of the goods or services; without being limited to those listed herein, he/she shall directly forward his/her requests based on the Law on the Protection of Consumers, the Code of Obligations and the relevant legislation, including, but not limited to, objecting to the transaction, requesting the return of the goods or services, claiming defective goods or services, directly to the provider of the relevant goods or services, and that PAYCELL shall not have any responsibility in case of requests, objections, questions, problems, complaints and similar cases arising within this scope. The invoice / receipt for the goods and / or services purchased by the Customer shall be issued directly by the Buyer providing the goods and / or services, and the Customer accepts that PAYCELL shall not have any responsibility in this regard.

4.9 The channels through which PAYCELL Services can be used and the goods and services that can be obtained by using the PAYCELL Service are determined exclusively by PAYCELL in accordance with the Legislation. PAYCELL may change these channels, goods and/or services at any time without any obligation of notification.

4.10 The Customer accepts, declares and undertakes that he/she shall not use the services offered under this Agreement for purposes that are contrary to the laws and regulations, or for the provision of products or services that are against the laws or regulations. In the event that the Customer violates the provisions of this Agreement, in particular this article, PAYCELL may suspend the Agreement and the services provided under the Agreement until the violation is resolved.

4.11 The amounts to be collected from the Customer in return for the use of PAYCELL Services are regulated in the https://kktcell.com/paycell Commercial Rules if this Agreement is concluded digitally, via tablet.

Article 5. Service Process

5.1 Within the scope of this Agreement, the Customer offers PAYCELL Services by the methods specified in the Commercial Rules at https://kktcell.com/paycell. The scope and content of the aforementioned methods, continuing to provide services with these methods, adding new methods or deciding not to use certain methods shall be at the sole discretion of PAYCELL.

5.2 The Customer shall be able to benefit from PAYCELL Services through the user account to be created with PAYCELL or through a payment instrument to be obtained from PAYCELL by completing the relevant processes. The Customer agrees that in order for his/her line with Kıbrıs Mobile Telekomünikasyon Ltd. ("KKTCELL") to be enabled for mobile payment transactions, he/she must also give his/her consent and, if any, the Paycell Card will be activated for use and internet shopping. The Customer is obliged to complete the steps requested from him/her regarding the activation of his/her line for Mobile Payment and to ensure that his/her line is open during the period the Agreement remains in force, and he/she acknowledges and agrees that he/she will not be entitled to benefit from certain PAYCELL Services if he/she fails thereto. Transactions made with the Payment Instrument not connected to the line are exempt from this provision.

5.3 If the Customer requests the issuance of Electronic Money, PAYCELL shall issue Electronic Money in the amount of the requested fund amount by means of the methods specified by PAYCELL, including SMS, app activation and, if any, balance credit to the prepaid card, and shall make this amount available to the Customer, and subsequently shall send the receipt/slip/information SMS to the Customer showing the fund amount received in return for the Electronic Money issued.

Unless otherwise stated in writing by the Customer pursuant to Article 13.6 of the Agreement and in cases where there is no Payment Instrument not connected to the line, the beneficiary of the Electronic Money shall be deemed to be the legal owner of the line. Otherwise, PAYCELL may request the user to inform PAYCELL and complete the necessary identification and/or information provision within the scope of the Customer Recognition procedure. The responsibility for the loss, theft or acquisition by third parties of Electronic Money products that are not activated is solely the responsibility of the individual who holds the ownership, PAYCELL shall not be liable for any loss or damage under these circumstances. During the activation process, PAYCELL may request from the Customer TRNC Identity Card Number and/or Turkish ID Number, Name, Surname identification information and may not complete the activation process if this information is not provided. Electronic money cannot be redeemed, returned or exchanged without activation.

The Customer may request partial or complete conversion of the Electronic Money into funds at any time via PAYCELL Call Centre. Unless otherwise stated in the legislation, PAYCELL shall carry out the transactions regarding the transfer of the funds equivalent to the Electronic Money to the account with the IBAN number provided by the Customer within 7 (seven) business days following the complete transmission of all information, including the IBAN number to be requested by PAYCELL upon this request of the Customer and, if necessary, the fulfilment of legal obligations. For these refunds, the IBAN information must belong to the line owner.

In the event that the amount requested to be refunded by the Customer and/or the monthly balance and/or usage amount is above the numerical limits stipulated by the legislation in force, the Customer accepts that he/she will be required to go to the locations to be indicated by PAYCELL for the refund or to have an identification made by another method recommended by PAYCELL, and that otherwise, he/she shall not be refunded. PAYCELL has the right to interrupt the Electronic Money redemption service for a short period of time until the identification process is completed. In the event that the Customer has a debt to PAYCELL or Kıbrıs Mobile Telekomünikasyon Ltd in the event of a fund conversion, if an instruction is given to PAYCELL, the said amount will be deducted from the Electronic Money of the Customer and the remaining amount (if any) will be returned to the Customer. In cases where the Customer transfers or returns the GSM line, etc., the Customer is obliged to collect the Electronic Money balance before the transaction and notify PAYCELL of the change. PAYCELL reserves the right to update all fees by complying with the notification period in the legislation regarding products/services and goods.

5.4 All payments to be made at member merchants through PAYCELL Services will be collected primarily via Electronic Money, if available, and if there is no Electronic Money available, the charge will be made via Mobile Payment and KKTCELL Mobile Communication Service invoices or available TL identified in the line for prepaid line subscribers.

5.5 The payment transaction shall be authorised by the Customer by entering the verification code to be provided by PAYCELL in the relevant field, etc. for the execution of the payment transaction. The Customer may withdraw his/her consent only within the periods specified in Article 5.6 below.

5.6 The Customer agrees that the Payment Order shall be deemed to have been accepted as soon as the Payment Order is received by PAYCELL and that there shall be no possibility to withdraw the Payment Order as of this moment. If the Payment Order is received by PAYCELL outside Business Day, it shall be deemed to have been received on the first following Business Day. 5.6.1 In cases where the payment transaction is initiated by or through the Recipient, the Customer agrees that after transmitting the Payment Order to PAYCELL or giving consent for the execution of the payment transaction, the Payment Order cannot be revoked unless the Recipient agrees otherwise, 5.6.2 where payment is agreed to be made on a specific day, at the end of a specific period or on the day on which the Customer places the funds for payment at the disposal of PAYCELL, the Customer agrees that it may withdraw the Payment Order no later than the end of the business day preceding the day agreed for the execution of the payment. 5.6.3 In the event that the Client revokes the Payment Order as set out above, PAYCELL shall charge the transaction as set out in the Commercial Rules at https://kktcell.com/paycell. 5.6.4 All kinds of benefits and information of the Customers due to the utilisation of Paycell Services are made through Paycell App or https://kktcell.com/paycell.

5.7 PAYCELL reserves the right to unilaterally change and update the Agreement and its annexes. However, PAYCELL shall notify the Customer 30 (thirty) days prior to the entry into force of the relevant change if such changes or changes to be made in practice within the scope of the obligations determined / to be determined by the legislation shall cause a change in the terms of this Agreement. The Customer reserves the right to terminate the Agreement upon such notification. If the Customer fails to notify the termination of the Agreement through Paycell channels within the 30 (thirty) day period, the Customer shall be deemed to have accepted the relevant amendment. In the event that a period shorter than 30 (thirty) days is given in the relevant legislation for any amendment, this issue shall also be stated in the notification to be sent to the Customer and the period stipulated by the legislation shall be applied instead of the period specified in this article.

5.8 The Customer accepts and declares that the information and documentation regarding any transaction carried out under this Agreement may be shared by PAYCELL with the Representative for the purpose of performing the services under the Agreement. The information belonging to the Customer may also be shared with the relevant institutions and organizations and/or anonymized and used by PAYCELL in order to fulfill its legal obligations. The Customer agrees and undertakes to immediately deliver and submit to PAYCELL and/or the relevant institution the information and documents that may be requested by the Institution or other institutions and organizations within the scope of the regulations in force.

5.9 The Customer must submit his/her Digital/Electronic Money balance refund request to PAYCELL in writing before transferring or terminating his/her GSM line with the operator.

5.10 The Customer agrees that for the goods and services of 3rd parties offered together with KKTCELL tariffs or individually, even if his/her line is disabled for mobile payment, the fees of these services shall be collected through PAYCELL in accordance with the subscribed tariff, and that he/she shall be required to make a tariff change if he/she terminates this Agreement and/or requests his/her line to be disabled for mobile payment.

Article 6. Financial Provisions

6.1 In consideration for the services provided under this Agreement, the Client shall pay the amounts under the terms and conditions set forth in the Commercial Rules section at https://kktcell.com/paycell. This payment shall be collected as soon as the Customer starts to use the service. The relevant amounts may be updated by PAYCELL and the Customer agrees that the current service fee will be collected from him/her as stated above as long as he/she uses the service, unless he/she terminates the Agreement due to such change following the notification made to him/her in accordance with this Agreement.

The Customer shall pay a late collection fee in accordance with the conditions specified under Commercial Rules at https://kktcell.com/paycell arising from the late collection of the goods and service fees and PAYCELL service fee in the Customer's Mobile Payment transactions.

6.2 The fees for the goods and services purchased by the Customer from the Seller / Buyer of the Fund through Paycell Services and the conditions for the collection of these fees are determined by the Seller and the Customer accepts that PAYCELL does not have any authority or responsibility in this regard. Payments subject to this Agreement shall be made in Turkish Lira.

6.3 The Transaction Limit for one-time transactions and monthly total transactions to be made under this Agreement, and the limits for customers whose identity has not been confirmed are as specified in the Law and its secondary regulations.

6.4 The Customer agrees that the delay interest to be accrued by the Buyer in accordance with the legislation due to the failure to pay the amounts that the Customer is obliged to pay to the Buyer partially or completely on time shall be paid through PAYCELL Services, and the relevant amount will be collected from the Customer based on the Buyer's instruction in this direction, and it shall not be contrary to the Agreement. The amount of interest shall be determined by the Buyer and the Customer agrees that he/she shall not make any request from PAYCELL within this scope and that he/she shall direct his/her requests regarding the interest or the amount of interest, etc. directly to the Buyer.

6.5 Recommended sales amount of the prepaid card (Paycell Card) according to the transaction, fees varying specific to Paycell Card, Customer Paycel Card usage fee, differentiated fees for money loading to Paycell Card from TIMs, money loading from contracted ATMs, electronic money refund / withdrawal fees from contracted ATMs, The fees and commission rates to be charged at certain intervals per transaction for balance top-up transactions by card via Paycell mobile app, fees to be charged per transaction for balance top-up transactions by wire transfer, fees to be charged per transaction for money transfers to be made from Paycell mobile app and other platforms offering money transfer services using Paycell infrastructure, fees to be charged in case of conversion of electronic money into funds and all other payments are clearly stated.

Article 7. Indemnification: The Customer hereby accepts, declares and undertakes that he/she shall cover all kinds of penalties, expenses and compensation, etc. financial obligations that PAYCELL will be convicted and/or exposed to due to acting contrary to the regulations in force with this Agreement.

Article 8. Duration of the Agreement: The Agreement shall enter into force on the date of signature and shall remain in force unless terminated by the Parties as specified in the Agreement.

Article 9. Termination of the Agreement

9.1 PAYCELL may terminate the Agreement at any time with 2 (two) months prior written notice without any compensation. If the Customer wishes to terminate the Agreement without any reason, it shall notify PAYCELL 1 (one) month in advance.

9.2 In the event that one of the Parties violates its contractual obligations and the relevant violation is not rectified within 7 (seven) business days despite the request of the other Party to rectify the violation, the Agreement may be terminated immediately without compensation by a written notice to be delivered by the Party sending the notice. If the violation is attributable to the Customer, PAYCELL may also exercise its right to temporarily suspend the Agreement at its own discretion if the violation is not rectified within this period.

9.3 In the event that the Customer is determined to have used the services offered under this Agreement for illegal or unethical purposes or for the provision of illegal or unethical products or services, this Agreement may be terminated immediately by PAYCELL without any notice.

9.4 In the event of cancellation or expiration of the permission obtained by PAYCELL from the Authority within the scope of the Law, this Agreement shall be terminated without any compensation obligation on the part of PAYCELL based on the notification to be made by PAYCELL.

9.5 In cases where there is a suspicion of fraudulent or unauthorized use and similar situations under the Agreement, PAYCELL may suspend the services provided to the Customer and close the Payment Instrument for use. In this case, PAYCELL will inform the Customer (except for the existence of regulations preventing the provision of information in the Legislation or the existence of objective reasons threatening security) and will make the services and Payment Instrument available to the Customer again when the reason for the suspension is eliminated.

9.6 The Agreement shall also be suspended for Mobile Payment transactions in the event that the line of Kuzey Kıbrıs Turkcell on which the Customer performs Mobile Payment transactions is temporarily or indefinitely closed for use. The shutdown of the line shall constitute a breach of Article 5.2 of the Agreement and this Agreement may be terminated by PAYCELL by the method specified in Article 9.2 of the Agreement. In the event of fraudulent behavior of the Customer or breach of information security, suspicion of unauthorized use of information security, creating a similar risk, etc., PAYCELL may suspend the services provided to the Customer and disable the Payment Instrument for use. In this case, PAYCELL will inform the Customer and when the cause for suspension is eliminated, PAYCELL will make the Services and Payment Instrument available to the Customer again.

Article 10.Consequences of Termination:

10.1 Termination or expiration of the Agreement for any reason does not eliminate the obligations of the Parties prior to the date of termination.

10.2 The obligations of the Parties regarding confidentiality and information security in this Agreement shall continue after the expiration or termination of the Agreement.

Article 11. Confidentiality and Information Security / Disclosure:

11.1 The Customer may request PAYCELL in accordance with the Law on the Protection of Personal Data and this Agreement; to be informed whether personal data is processed, to request information if personal data has been processed, to be informed about the purpose of processing personal data and whether they are used in accordance with their purpose, to be informed about the third parties to whom personal data is transferred domestically or abroad, to request correction of personal data in case of incomplete or incorrect processing, to request the deletion or destruction of personal data within the framework of the conditions stipulated in the relevant legislation, to request notification of the correction, deletion and disposal of transactions made in accordance with the relevant legislation to third parties to whom personal data are transferred, to object to the occurrence of a result to the detriment of the person himself/herself by analyzing the processed data exclusively through automated systems, and to demand the compensation of the damage in case of damage due to unlawful processing of personal data. These rights can be exercised by submitting a written request to PAYCELL's address stated in this Agreement for personal data security and by notary / registered return receipt application. The clarification text and details on the matter can be accessed from: https://kktcell.com/paycell under Privacy and Security.

11.2 In accordance with the above-mentioned requests, PAYCELL may provide its justified positive/negative response in writing or via digital means. It is essential that no fee is charged for the necessary transactions regarding the requests. However, if the transactions require a fee, it is possible to charge a fee based on the tariff determined by the Personal Data Protection Board in accordance with Article 13 of the Personal Data Protection Law.

11.3 The Customer may revoke the data processing consent at any time via the Call Center. The revocation of the data processing authorization does not prevent the processing and sharing of personal data in the presence of exceptional circumstances listed by the Law on the Protection of Personal Data, such as the processing of information shared in accordance with this Agreement and which is mandatory to be processed for the provision of the PAYCELL Service under the Agreement and/or the performance of the legal obligations of PAYCELL and the relevant Turkcell Group Company.

Article 12. Dispute Resolution: The parties declare, accept and undertake that the TRNC Nicosia Accident Courts and/or Istanbul (Çağlayan) Courts and Enforcement Directorates are authorized in case of dispute. Consumers have the right to apply to authorized consumer arbitration committees and consumer courts in case of dispute.

Article 13. General Provisions:

13.1 Assignment: The Customer shall not directly or indirectly, in full or partially, transfer and assign the Agreement and its rights and obligations under the Agreement to others without the prior written consent of PAYCELL. PAYCELL may at any time transfer and assign its rights, obligations, receivables and liabilities arising from the Agreement to third parties and may use subcontractors or agents other than those specified in the Agreement.

13.2 Notices: PAYCELL shall send the notifications to be made to the Customer under this Agreement to the e-mail or postal address provided by the Customer at the times specified in the Agreement or by sending an SMS to the Customer's mobile phone or by calling the Customer via Paycell App or Call Center. If the Customer requests additional information beyond those provided under the Agreement, this request may be fulfilled for a fee if accepted by PAYCELL. If this Agreement is signed face-to-face, the Customer may retain a copy of this Agreement. In the event that the Agreement is established by means of remote communication, the Customer shall be able to access a copy of this Agreement at any time from the PAYCELL corporate website https://kktcell.com/paycell under Terms of Use and Agreement.

13.3 Integrity of the Agreement: Unless the invalidity of a provision in the Agreement completely violates the purpose of the Agreement or significantly damages the interest of one of the Parties, the other provisions of the Agreement shall be deemed valid as if there were no such provision.

13.4 Intellectual Property: The Agreement does not constitute an agreement between the Parties to transfer or license any intellectual property rights. The use of any intellectual property rights owned and/or used by each of the Parties is permitted and limited only in the presence of an explicit written agreement in this respect.

13.5 Force Majeure Events: Humanitarian crisis and natural disasters, war, mobilization, fire, strike, lockout, temporary suspension of PAYCELL license, war, mobilization, fire, strike, lockout, temporary suspension of PAYCELL license, which were not in existence at the date of signing of the Agreement, which are beyond the control of the Parties and which are unforeseeable and which occur in such a manner and degree that the Parties' or a single Party's operational capabilities are temporarily suspended partially or completely, shall be considered as force majeure. The Party subject to force majeure shall immediately notify the other Party in writing and the obligations of the Parties shall be suspended during the force majeure period. When the force majeure is eliminated, the Agreement shall resume from where it left off. The obligations of the Party whose rights are not performed during the force majeure period shall also be suspended. If the force majeure event lasts for more than 90 (ninety) days, the Party whose rights are violated may terminate the Agreement without compensation.

13.6 COMPLIANCE: The Customer agrees that he/she will notify PAYCELL in writing that he/she is acting on his/her own behalf and on his/her own account, that he/she will notify PAYCELL in writing in accordance with Law No. 5549 if he/she acts on behalf of someone else, and that he/she will notify PAYCELL in writing if he/she transfers his/her line to a third party, transfers his/her line to another GSM operator, changes his/her GSM operator and changes his/her identity, contact and other information subject to identification, and that PAYCELL may request identification/information provision based on the Customer's notification under this article. Otherwise, the Customer agrees and declares that PAYCELL shall have no legal / criminal liability, including unauthorized, erroneous transactions, unfair, unlawful use of third parties, fraud, etc., and has the right to unilaterally terminate this Agreement.

13.7 Non-Applicability: In cases where the Customer purchases the services under this Agreement for professional and commercial purposes, the provisions of this Agreement regarding consumers shall not apply to the Customer even if the Customer has concluded the Agreement.

In the event that PAYCELL mediates the loan repayments of the devices purchased by the Customer with credit within the scope of Article 6 of the Agreement titled Financial Provisions, the amount specified in https://kktcell.com/paycell Commercial Rules per each loan shall be collected from the Customers using mobile payment as a transaction fee.