MasterPass Terms of Use

Introduction

MasterPass™ by MasterCard is a digital wallet service (“MasterPass”) offered by Provus Bilişim Hizmetleri A.Ş. ( “MasterCard”) that stores your selected payment and shipping information in one convenient and secure place (a “MasterPass by MasterCard Wallet,” or “MasterPass Wallet”) and transmits that information at your request to online merchants that display the MasterPass checkout mark (the “MasterPass Checkout Button”) on their website, mobile site or smart device application (each, a “MasterPass Merchant”).

These Terms of Use (“TOU”) and the MasterPass Privacy Notice (the “Privacy Notice”) are a legal agreement between you and MasterCard. BY REGISTERING FOR A MASTERPASS WALLET, ON THE MASTERPASS WEBSITE, WHICH INCLUDES CLICKING TO ACCEPT THESE TOU AND THE PRIVACY NOTICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TOU AND THE PRIVACY NOTICE, AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO MASTERPASS THAT MASTERCARD MAY PROVIDE YOU FROM TIME TO TIME AS DESCRIBED IN THESE TOU.

“You” (and all derivations thereof) means you individually, and if you are accepting these TOU on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and capable of entering into a legally binding agreement. If you are entering into these TOU on behalf of a company or other legal entity, you further represent and warrant that: (i) you have the authority to bind such legal entity, (ii) such legal entity is authorized to conduct business in the jurisdiction in which you operate, and (iii) all employees, officers, agents and other representatives of such legal entity who use your MasterPass Wallet are duly authorized to access it and to engage in transactions using your MasterPass Wallet.

IF YOU DO NOT AGREE TO THESE TOU, YOU MAY NOT REGISTER FOR A MASTERPASS WALLET OR USE CHECKOUT WITH MASTERPASS.

Content

Setting Up Your MasterPass Wallet

You may register for a MasterPass Wallet by providing MasterCard with the information set forth on the MasterPass Wallet registration pages, including a valid email address and mobile phone number, security question/answer, sign-in message, and password ("Log in Information"). You may then store payment information (card number and expiration date), billing information and other transaction-related information relating to your credit, debit and reloadable prepaid cards (“Cards”), along with your preferred shipping information. All of the information relating to your Cards and your shipping information are collectively referred to in these TOU as your “Payment Information.”

To access your Payment Information you will need to "log in" to MasterPass. You may do this by accessing the MasterPass website (either directly or via a MasterPass Merchant's website) and entering your Log in Information when prompted or you may use the business applications and channels integrated to MasterPass in Turkey.

Protecting Your Account Information

You are responsible for keeping your MasterPass Wallet password secure (in line with applicable laws and standards) and for all activities that occur through your MasterPass Wallet, including the activities of others. You agree to immediately notify the business for which you use MasterPass and MasterCard of any breach or unauthorized use of your MasterPass Wallet by contacting the Customer Service number for your country:Portal: www.masterpassturkiye.com

MasterCard reserves the right to require you to change your password(s) if MasterCard believes your password(s) is no longer secure. Neither MasterCard nor its agents will be liable for any loss or damages of any kind that may arise as a result of the unauthorized use of your MasterPass Wallet or any Payment Information, either with or without your knowledge; however, you may be held liable for any losses incurred by MasterCard or another party due to someone else using your MasterPass Wallet or Payment Information where you have not complied with your obligations under applicable law or these TOU.

You are solely responsible for maintaining up-to-date and accurate information pertaining to your MasterPass Wallet, including without limitation all Payment Information. MASTERCARD DOES NOT REPRESENT OR WARRANT THE AUTHENTICITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE PAYMENT INFORMATION MASTERCARD TRANSMITS ON YOUR BEHALF.

Using Your MasterPass Wallet

You may purchase products and/or services from MasterPass Merchants using Cards, the details of which are stored in your MasterPass Wallet. MasterCard will facilitate such purchases by transmitting your Payment Information to the relevant MasterPass Merchant in accordance with the terms set out below.

To purchase products and/or services you have selected from a MasterPass Merchant, you will need to click the “Buy with MasterPass” button on that MasterPass Merchant’s website or application. To complete your purchase, you will need to log into MasterPass and follow the MasterPass Merchant's instructions on how to complete your purchase. By completing all of the steps indicated in the MasterPass Merchant's instructions on how to complete your purchase, you are indicating your agreement to purchase the relevant products and/or services from that MasterPass Merchant and MasterCard will transmit your selected Payment Information from your MasterPass Wallet to the relevant MasterPass Merchant from which you are making your purchase.

If your MasterPass Wallet is 'connected' to a MasterPass Merchant (for more information on 'connecting' MasterPass Wallets to a MasterPass Merchant, please refer to the User Guide which is appended to these TOU), by clicking the “Buy with MasterPass” button on that MasterPass Merchant’s website or application, your relevant Payment Information will be displayed. If your MasterPass Wallet is not connected to that MasterPass Merchant, however, you will be required to log into MasterPass or activate your account for MasterPass merchant in order to view your Payment Information.

If a MasterPass Merchant provides Express Checkout and you have enabled this (for more information on "Express Checkout", please refer to the User Guide which is appended to these TOU), provided that you have logged into the MasterPass Merchant site or application, you can complete your purchase of the products and/or services you have selected to purchase from that MasterPass Merchant by clicking the “Buy with MasterPass” button during checkout. By clicking the "Buy with MasterPass" button when Express Checkout is enabled, you are indicating your agreement to purchase the relevant products and/or services from that MasterPass Merchant and MasterCard will transmit your selected Payment Information from your MasterPass Wallet to the relevant MasterPass Merchant from which you are making your purchase.

After a MasterPass Merchant receives your Payment Information in accordance with the foregoing, it will initiate and submit the transaction for processing (as usual) and you will receive confirmation as to whether the MasterPass Merchant has accepted the purchase transaction.

You may 'disconnect' your MasterPass Wallet from any MasterPass Merchant (for more information on 'connecting' MasterPass Wallets to a MasterPass Merchant, please refer to the User Guide which is appended to these TOU).

MASTERCARD DOES NOT REPRESENT OR WARRANT THAT THE DESCRIPTIONS OR TERMS AND CONDITIONS OF PRODUCTS AND/OR SERVICES OFFERED BY A MASTERPASS MERCHANT ARE ACCURATE OR COMPLETE.

Products and Services Offered by MasterPassMerchants

Each purchase through MasterPass of a product or service offered by a MasterPass Merchant is a contractual relationship directly between you and the MasterPass Merchant and MasterCard is not a party to the transaction. The MasterPass Merchant's terms and conditions shall govern all aspects of that purchase.

MasterPass is not a bank account and does not offer any credit to you or a MasterPass Merchant.

MasterCard has no liability to you with respect to such purchase, the products and/or services purchased or the MasterPass Merchant. See Resolution of Transaction Issues below regarding your potential avenues for recourse in the event you wish to reverse or obtain a refund with respect to a purchase made from a MasterPass Merchant using MasterPass. Moreover, MasterCard is not responsible for the accuracy, completeness, or reliability of any information obtained from a MasterPass Merchant with respect to products and/or services that may be purchased from that MasterPass Merchant or regarding the MasterPass Merchant itself.

The inclusion of a MasterPass Merchant’s products or services in any product, service or technology that allows or requires you to checkout with your MasterPass Wallet does not constitute any approval, endorsement or warranty by MasterCard of such products or services or of the MasterPass Merchant offering them.

Use of Your Payment Information

You are solely responsible for ensuring your use of MasterPass complies with the terms and conditions that govern your Cards that you store in and use through your MasterPass Wallet. You also are responsible for all charges and/or debits to your Cards that result from purchases made using your Payment Information transmitted by MasterCard pursuant to these TOU- and any fees that the issuers of your Cards may charge in connection with such transactions. You are solely responsible for reporting and paying any applicable taxes arising from transactions originated using your Payment Information transmitted by MasterCard and you shall comply with any and all applicable tax laws in connection therewith.

MasterCard is not a bank, a money services business or payment institution as defined by relevant national legislation. MasterCard does not issue Cards of any kind. Any and all questions or issues regarding any of your Cards should be directed to the bank or financial institution that issued your Card and not to MasterCard. MASTERCARD DOES NOT REPRESENT OR WARRANT THAT YOUR CARDS ARE VALID OR IN GOOD STANDING OR THAT THE PARTIES WHO ISSUED YOUR CARDS WILL APPROVE OR HONOR YOUR REQUESTED TRANSACTIONS.

Resolution of Transaction Issues

If you have any concerns with respect to any purchases made using MasterPass, you must contact the MasterPass Merchant with which you entered into that transaction. You may also have certain rights and protections that are provided to you under your agreement with the bank or financial institution that issued your Card or under applicable law with respect to the charges for transactions made to a Card. Consult your agreement with your Card’s issuer for details.

Grant of License

Provided you comply with these TOU, MasterCard grants you a limited, nonexclusive, as-is, revocable, nontransferable license, without right of sublicense, to use MasterPass solely for purpose of storing and transmitting your Payment Information to MasterPass Merchants in connection with purchases of products and/or services therefrom.

MasterCard may in its sole discretion suspend, discontinue or terminate this license at any time, for any reason. All rights not expressly granted to you are reserved by MasterCard, its affiliates or their licensors.

You may not use MasterPass for any other purpose and may not, or allow any other party to:


You shall comply with all applicable international, federal, state, and local laws, rules, regulations, directives and governmental requirements relating to your use of MasterPass. MasterCard may, in its sole discretion, accept or reject your request to register a MasterPass Wallet and may disable or otherwise suspend access to your MasterPass Wallet at any time for any reason or no reason whatsoever, including without limitation, if MasterCard suspects fraud or illegal, unauthorized or improper conduct.

Text Messages, Location Based Information and Use of Mobile Applications

If your mobile phone network supports MasterPass text messages, when you register for a MasterPass Wallet, you may elect to receive various notices in the form of text messages sent to your mobile phone. By making that election, you expressly agree and consent to receive those text messages. Your standard messaging, airtime, and data rates will apply. The number of messages you will receive each month will vary according to the number of transactions you make and the preferences you select during the registration process. You may change your preferences at any time by logging in to your MasterPass Wallet and editing your preferences.

If your mobile phone is off, out of range, or subject to a variety of other conditions, you may not receive all messages or messages may be delayed. Cellular and other wireless transmission services and networks are inherently insecure and subject to service disruptions, weak or dropped signals, and other failures over which MasterCard has no control. MASTERCARD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DELAYS OR FAILURE TO RECEIVE TEXT MESSAGES OR OTHER MOBILE-BASED INFORMATION OR ANY SECURITY BREACHES RELATED TO ANY OF THE FOREGOING.

You are responsible for any fees and penalties charged by your telecommunications provider or any other third party in connection with your use of MasterPass mobile applications on your mobile device.

You may contact Customer Service through the customer portal: www.masterpassturkiye.com valid for your above country..

Modifications to MasterPass

While MasterCard currently makes MasterPass available free of charge, MasterCard may in the future charge for MasterPass (or additional features or functionality) at any time, in its sole discretion. MasterCard will provide reasonable notice to you of its intention to charge for MasterPass. MasterCard may, in its sole discretion, also discontinue, terminate, suspend, modify, or change MasterPass, or MasterCard’s services and systems at any time. Where appropriate, MasterCard will provide reasonable notice to you of such changes. Such changes may require you to update your Payment Information or other information related to your MasterPass Wallet in order to continue using MasterPass, as applicable. To the extent permitted by law, MasterCard will have no liability or obligation to you with regard to any termination, suspension, modifications or changes it makes to MasterPass or MasterCard’s services or systems.

MasterCard may, at any time and from time-to-time, change the terms of these TOU in accordance with the notice provisions set out in these TOU. If you do not accept those revisions to these TOUs, MasterPass, as applicable, your only recourse is to stop using the service that has been affected by such revisions. Your continued use of MasterPass after such effective date will constitute your acceptance of the revisions that apply to that service.

Feedback

From time to time, MasterCard may ask you for your feedback, suggestions, comments or ideas (collectively “Feedback”) on MasterPass or other MasterCard products or services but you are not required to provide us with any Feedback. You agree that MasterCard may use and exploit all Feedback you provide, other than your personal data, for any purpose without obligation of any kind and without any obligation of confidentiality, attribution, accounting, compensation, or other duty to account to you.

Ownership and Rights

As between you and MasterCard, MasterCard owns and retains all right, title, and interest, including, without limitation, all intellectual property rights, in and to (i) MasterPass, including without limitation, the MasterPass Wallet; (ii) MasterCard’s systems and services; and (iii) all Feedback (collectively, the “MasterCard Property”). MasterCard, its licensors or third party partners own and retain all right, title and interest in all names, trade names, trademarks, service marks, slogans, logos, domain names, or other indicia of MasterCard or its licensors or third party partners used in connection with MasterPass, including without limitation, “MasterPass,” “MasterPass Wallet,” “MasterPass-connected Wallets,” “MasterPass Online,” the MasterPass Checkout Button logo, and “MasterPass Checkout Services” (the “Trademarks”). You have no right to use any Trademark in any manner without the advance written permission of the owner of that Trademark. MasterCard reserves all rights in the MasterCard Property and Trademarks not expressly granted to you in these TOU.

Third Party Sites

MasterPass may contain third party content and links to third party sites or popups served by or on behalf of third parties that are completely independent of MasterPass and not owned or controlled by MasterCard (“Third Party Sites”). Links to Third Party Sites are included and popups served by or on behalf of third parties are facilitated solely for the convenience of users and do not constitute any approval, endorsement or warranty by MasterCard. Moreover, MasterCard is not responsible for the content, security, operation, or use of any Third Party Sites or the products or services that may be offered or obtained through them or for the accuracy, completeness, or reliability of any information obtained from a Third Party Site. When you click on a link to or in a popup of a Third Party Site, you will leave the services controlled by MasterCard. Any personal information you submit after you leave MasterPass, as applicable, will not be collected or controlled by MasterCard. It will be subject to the privacy notice or terms of use applicable to the Third Party Site. It is your responsibility to review those policies before submitting your information to the Third Party Site and you provide your information at your own risk. YOU EXPRESSLY RELIEVE MASTERCARD FROM ANY AND ALL LOSS, DAMAGES OR OTHER LIABILITIES YOU INCUR AS A RESULT OF YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITE.

Privacy

MasterCard recognizes the importance of respecting your privacy. The Privacy Notice provides a description of how MasterCard collects, uses, shares and protects your personal information related to MasterPass, as well as the choices and access rights you have in regard to such personal information.

Your Representations

You represent and covenant that (a) the information you provide to MasterCard in connection with your registration for a MasterPass Wallet and your use of MasterPass is true and correct; (b) you are a legal resident of the country in which this MasterPass Wallet is offered; and (c) you will comply with these TOU and all applicable local, state, federal, and international laws, rules, and regulations, as in force from time to time.

Indemnification

You agree to indemnify and hold harmless MasterCard and its business partners, and its and their officers, directors, employees, representatives and affiliates (the “MasterCard Parties”) from and against any and all reasonable claims, liabilities, damages (actual and consequential), losses, fines, and expenses (including, but not limited to, reasonable legal and other professional fees and costs of investigation) arising from or in any way related to (a) your use of MasterPass, to the extent permitted by applicable law; (b) your (or anyone using your MasterPass Wallet’s) breach of these TOU or applicable law; (c) your negligence or willful misconduct; or (d) your violation of any third party’s rights, including without limitation, any intellectual property rights.

Disclaimer of Warranties

MasterPass is provided on an “as is,” and “as available,” basis. To the extent permitted by applicable law, the MasterCard Parties disclaim all warranties, express and implied, including, but not limited to, any warranties of merchantability, quality of information, quiet enjoyment, non-infringement, title, or fitness for a particular purpose. MasterCard does not warrant that the information contained in MasterPass (including without limitation, any information related to MasterPass Merchants’ products or services) or on any third party site will be accurate or complete, or that MasterPass or any third party site will be error free, uninterrupted, free from spyware, malware, adware, viruses, worms, or other malicious code, or will function to meet your requirements. MasterCard does not warrant that MasterPass will work on your hardware, with your operating systems, or with any other software installed on your computers or mobile devices. Information obtained by you from MasterCard will not create any warranties. You assume all risks associated with your use of MasterPass to the extent permitted by applicable law. It is your sole responsibility to determine whether MasterPass is suitable and adequate for your needs.

You specifically acknowledge that MasterCard does not have any control over your transactions initiated through using payment information transmitted by MasterPass on your behalf, and MasterCard cannot ensure that all transactions will be completed or that the party who has issued your cardwill authorize the transactions that you initiate.

Limitation of Liability

The MasterCard Parties are not and shall not be liable to you for any direct, indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including, but not limited to, any property damage, loss of use, loss of business, economic loss, loss of data, or loss of profits, without regard to the form of action (including, but not limited to, contract, negligence, or other tortious actions)(other than losses which are foreseeable and which directly result from MasterCard's gross negligence, fraud or wilful misconduct) arising out of or in connection with (a) these TOU; (b) MasterPass, including your use of MasterPass in combination with any third party application; (c) any error, interruption or outage in service related to MasterPass; (d) any card, or third party site; (e) any product or service obtained through a transaction executed using payment information transmitted by MasterPass; (f) your use of your mobile device, including any lack of attention to your surroundings resulting from such use; or (g) the unauthorized access by any party to MasterCard’s services and systems, including personal data, even if any of the MasterCard Parties has been advised of the possibility of those damages. You waive any and all claims, now known or later discovered, that you may have against the MasterCard Parties arising out of your use of MasterPass, your mobile device or these TOU. Without limitation of the foregoing, MasterCard is not responsible for any errors in descriptions of products or services offered by MasterPass Merchants or any mobile carrier fees or penalties or card account fees or penalties that you incur as a result of your use of MasterPass, including any fees and penalties that may result from reversals.

Notwithstanding the foregoing, the MasterCard Parties’ total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise shall not, under any circumstances, exceed one hundred euro (€100).

The foregoing limitations and exclusions apply except to the extent expressly precluded by applicable law. In such jurisdictions, all or a portion of the above limitations may not apply to you and the scope and duration of the MasterCard Parties’ warranties and their liability will be limited to the fullest extent permitted under such applicable law.

Termination

These TOU will be effective until terminated as provided herein. MasterCard may suspend or terminate your use of MasterPass and access to your MasterPass Wallet at any time, with or without cause, and without notice, including without limitation, in the event (a) your contact information is not up-to-date or you do not respond to communications directed to you; (b) the information you have provided to obtain your MasterPass Wallet is false, inaccurate, not current, or incomplete; (c) you are engaged in illegal activity; (d) you have breached any of these TOU; or (e) your MasterPass Wallet has been inactive for more than 13 months. You may terminate these TOU with respect to MasterPass for any reason or no reason at all, at any time, by deleting your MasterPass Wallet.

On termination of these TOU for any reason, the rights and licenses granted to you will immediately terminate. Upon the termination of these TOU, you shall immediately cease all use of MasterPass, as applicable; and the terms, conditions, and warranties contained in these TOU that by their nature and context are intended to survive the termination of these TOU shall survive, including but not limited to, Use of Your Payment Information, Resolution of Transaction Issues, Feedback, Ownership and Rights, Third Party Sites, Privacy, Your Warranties, Indemnification, Disclaimer of Warranties, Limitation of Liability, Termination, Miscellaneous. MasterCard shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to MasterPass, to the extent permitted by applicable law.

On termination you will remain liable for all payments and other obligations you have incurred under these TOU.

Customer Support and Contact Information

Please go to MasterPass Support on the MasterPass site or contact at masterpassturkiye@mastercard.com if you have any questions or difficulties using MasterPass.



You may also contact MasterCard at Ayazağa Mahallesi Mezarlık Sokak No:3 Sarıyer 34396 İstanbul, Turkey.

Miscellaneous

Notifications. Unless provided otherwise by MasterCard in connection with MasterPass-, all notices required from you under these TOU must be sent to walletsupport@MasterPass.com or such other address(es) specified by MasterCard from time-to-time, in its sole discretion. MasterCard may provide disclosures and notices regarding MasterPass- by posting them on the MasterPass site, delivering them to you through MasterPass- (as appropriate) or emailing them to you at the email address associated with your MasterPass Wallet. You will be deemed to have received those disclosures and notices 7 days after MasterCard delivers them or emails them to you, unless MasterCard receives notice that the delivery failed.

Entire Agreement. These TOU (including the Privacy Notice) constitute the entire agreement between you and MasterCard with regard to their subject matter.

Relationship of the Parties. These TOU do not create and shall not be construed as creating a joint venture, co-ownership, partnership, or agency relationship between you and MasterCard.

MasterCard Third Party Beneficiaries. You acknowledge and agree that each affiliate and subsidiary of MasterCard is a third party beneficiary to these TOU and that MasterCard’s affiliates and subsidiaries are entitled to directly enforce, and rely upon, any provision of these TOU which confers a benefit on (or provides rights in favor of) them. No other person or company is a third party beneficiary to these TOU and no other person or company shall have a right to enforce any term of these TOU.

Governing Law. These TOU and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction in which you are resident.

Waiver; Invalidity. MasterCard’s failure or delay to exercise or enforce any right or provision of these TOU or any rights under applicable law shall not constitute a waiver of any of those provisions or rights. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect.

Headings. The section headings in these TOU are for convenience only and have no legal or contractual effect.

Copy of the TOU. You agree that MasterCard shall not be obliged to provide you with a paper copy of these TOU.

Assignment. You may not assign or transfer your rights or obligations under these TOU. Any purported transfer or assignment in violation of the foregoing will be invalid. MasterCard may assign its rights and transfer its obligations set out in these TOU at any time.

Force Majeure. MasterCard shall not be required to perform and shall not be liable for any delay or failure to perform its obligations hereunder resulting from any cause beyond its reasonable control, including without limitation, telecommunications, power or utility failures, industrial disputes, natural disasters or acts of terrorism.

Revised [•] April 2015.

Appendix – User Guide

MasterPass provides you the opportunity to connect your wallet to certain merchants you select to allow for a faster checkout via two methods. You will be provided one option during check-out on a MasterPass Merchant website or application. After you have reviewed and confirmed your order details during checkout, a screen will appear providing you the option to connect your MasterPass wallet with the MasterPass Merchant. The second option to connect is by clicking on the “Connect with MasterPass” button on a MasterPass Merchant website or application. After clicking “Allow” (either during checkout or after clicking the “Connect With MasterPass” button) you will approve connecting your chosen MasterPass Wallet to a specific MasterPass Merchant. Once your wallet is connected to a MasterPass Merchant, after clicking the “Buy with MasterPass” button on that merchant’s website or application, you will see your relevant Payment Information and only need to log-into your MasterPass Wallet to complete the transaction. Certain MasterPass Merchants will provide you the option of an “Express Checkout” which allows you to check out without logging into your MasterPass Wallet if you are logged into the MasterPass Merchant’s website. If a MasterPass Merchant provides Express Checkout, you will be notified during the process of connecting your wallet and will have the opportunity to allow or decline connecting you MasterPass Wallet for Express Checkout. If you enable Express Checkout at a MasterPass Merchant and are logged into the MasterPass Merchant site or application, you can complete your transaction by clicking the “Buy with MasterPass” button during checkout. You may disconnect your wallet from any Merchant at any time by logging into your MasterPass Wallet, to manage your account and then proceeding to the Connections page where you can choose to disconnect your MasterPass Wallet.

Each transaction is a contractual relationship directly between you and the MasterPass Merchant and the MasterPass Merchant and the MasterPass Merchant’s terms and conditions shall govern all aspects of that transaction. MasterCard is not involved in processing your transaction and has no liability to you with respect to such transaction or the MasterPass Merchant.