User Agreement
1. Definitions
- "Administrator": The person appointed by the Accountholder to manage the use of the Services, including managing how you may use your TbtPay Payment Card (if applicable).
- "Card Network": The payment card network operated by TROY or any other network that operates legally and under the supervision of financial authorities in Turkey or the European Union.
- "Data": Personal or business information provided to TbtPay in connection with the Services, including information needed to determine the Accountholder's eligibility for an account and other information required by TbtPay to provide the Services and fulfill its responsibilities to the issuer.
- "Issuer": Refers to the entity responsible for issuing the TbtPay Payment Card to you, in accordance with regulations in Turkey or the European Union.
- "Personal Data": Information that identifies a specific living person and is transmitted or accessible through the Services.
- "Services": The services provided by TbtPay to the Accountholder, including but not limited to the issuance of cards, the extension of credit to the Accountholder, and TbtPay's spend management tools and services, which are accessible by Administrators and authorized Users.
- "User": An employee of the Accountholder or any other person authorized by the Accountholder to access and use the Services on behalf of the Accountholder.
- "Website": The website through which TbtPay provides the Services, currently located at TbtPay.com.
2. Access to Website and Services
You may access the Services and Data only as authorized by the Accountholder and TbtPay. TbtPay or the Accountholder may limit or terminate your access at any time without prior notice. You are responsible for maintaining the security of your password and access credentials and must not attempt to bypass any security measures to access unauthorized Services or Data.
3. Security
You are solely responsible for maintaining the security of your password and access credentials, and you must keep them confidential.
4. Data Privacy
TbtPay processes, analyzes, and manages Data in accordance with its Privacy Policy, which complies with Turkish laws and European Union regulations regarding data protection. You agree to review the terms of these policies, which may be updated from time to time.
5. Compliance with Law
You must use the Services in a lawful manner and comply with all applicable laws, regulations, and guidelines in Turkey and the European Union that govern your use of the Services. This includes, but is not limited to, compliance with data protection laws, anti-money laundering regulations, and other relevant financial regulations.
6. Indemnification
You agree to indemnify and hold harmless TbtPay (including its affiliates, employees, and contractors) against any losses, liabilities, damages, claims, costs, or expenses (including reasonable attorneys' fees) arising out of or related to any claims, proceedings, suits, or actions brought by or against TbtPay or any of the indemnitees specified herein due to your violation of law, fraud, gross negligence, or willful misconduct. TbtPay may defend any claim under indemnification with its counsel, and you agree to pay or promptly reimburse TbtPay for the reasonable fees and all related costs and expenses.
7. Dispute Resolution by Binding Arbitration
You and TbtPay agree that any and all disputes, claims, or causes of action arising out of or related to your use of any Services (including any Card) or these Terms, or any other disputes between you and TbtPay, shall be resolved by binding arbitration. The arbitration will be conducted in Istanbul, Turkey, in Turkish or English, depending on the preference of the parties. The arbitration will be individual and conducted by a single arbitrator, either a retired judge or a licensed attorney. If the parties cannot agree on an arbitrator within fourteen (14) days of the demand for arbitration, the arbitrator will be appointed in accordance with Turkish arbitration rules. The arbitrator(s) may award any remedies, including injunctive relief, available in an individual lawsuit.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Republic of Turkey and the regulations of the European Union, where applicable.
9. Severability
If any provision of these Terms is found to be invalid or unenforceable, it shall not affect the enforceability of any other provisions.
10. Entire Agreement
These Terms constitute the entire understanding between you, the Accountholder, and TbtPay regarding the subject matter and supersede any prior agreements, representations, or warranties, unless in writing and signed by you, the Accountholder, and TbtPay.
11. Changes to These Terms
TbtPay may modify these Terms with thirty (30) days’ notice to the Accountholder. If you do not accept any modifications, you must stop using the Services. Continued use of the Services after any changes take effect will constitute your acceptance of the modified Terms.
12. Prohibited Persons
You confirm and agree that you are not subject to any Turkish sanctions lists or any regulations that would prevent TbtPay from providing services to you.
13. Assignment
TbtPay may assign, pledge, delegate, or otherwise transfer these Terms or its rights and obligations under these Terms at any time. You may not assign these Terms or any rights hereunder, nor delegate any of your obligations or duties of performance.
14. Disclaimer of Warranties
The Services are provided to you "as is," and TbtPay disclaims all express, implied, or statutory warranties. You acknowledge that no TbtPay personnel are authorized to provide any such warranty.
15. Third-Party Sites or Services
TbtPay may provide information regarding third-party websites, products, or services, but it does not control or endorse them and offers no warranties regarding them. You access, use, or interact with any such websites, products, or services at your own risk.
16. Limitation of Liability
TbtPay shall not be liable for any consequential, indirect, special, exemplary, or punitive damages arising from or related to these Terms or the Services or Cards, including your use or inability to use the Services or Cards, whether or not TbtPay was advised of the possibility of such damages. You acknowledge that TbtPay provides Services (including Cards) solely to the Accountholder and for the Accountholder's benefit, and TbtPay shall have no liability to you in connection with any breach, failure, or other issue with respect to the Services or Cards.
17. Feedback
You grant TbtPay a non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, perpetual, transferable license, with the right to sublicense, to use, copy, modify, create derivative works from, display, publish, distribute, and otherwise exploit any feedback, suggestions, ideas, or requests that you submit to TbtPay in any manner and for any purpose. You acknowledge and agree that any feedback you provide is not confidential and that TbtPay is not obligated to compensate you for any feedback.
18. Customer Service
If you have questions about the operation of the Services or the use of your Card, please contact your Administrator or reach out to us at [email protected].
Last Updated: August 27, 2024
