9:30 AM–5:40 PM
CREDIT CARD USAGE AGREEMENT
1. Introduction
This agreement has been entered into force between you, the "MEMBER," and Playpik Yazılım ve Elektronik Ticaret Limited Şirketi, residing at Küçükbakkalköy, Selvili Sok. No: 4 D:20, 34750 Ataşehir/İstanbul, operating through the playpik.com website and mobile application, by being approved in the electronic environment, which is accepted in lieu of a signature.
In the text of the Agreement;
The Credit Card Usage Agreement shall hereinafter be referred to as the "Agreement,"
Playpik Yazılım ve Elektronik Ticaret Limited Şirketi, residing at Küçükbakkalköy, Selvili Sok. No: 4 D:20, 34750 Ataşehir/İstanbul, shall hereinafter be referred to as "PLAYPİK,"
The playpik.com website and mobile application shall hereinafter be referred to as the "Site,"
Natural/legal persons who become members of the Site, accept the terms, and benefit from the services and information shall hereinafter be referred to as the "Member,"
Natural/legal persons who access the Site, even without being a member, shall be referred to as the "User,"
PLAYPİK and the Member may be referred to from time to time in this Agreement as a "Party" or collectively as the "Parties."
By visiting the Site or becoming a Member, you accept, declare, and undertake that you have read and fully understood this agreement, that you unconditionally accept all matters contained in the agreement and which may be amended over time, and that you will not raise any objections or defenses regarding any of the matters specified on the Site.
2. Definitions
The words and concepts expressed in this agreement are as follows;
"Content": Refers to all accessible visual, literary, and auditory objects on the Site, such as text, images, files, logos, icons, and graphics.
"Interface": Refers to the program sections that create mutual interaction and connection between the computer's hardware and software elements.
"Database": Refers to a systematically collected, regular body of information where interrelated data on the Site is kept together in an updatable and manageable system.
"Site": Refers to the entirety of the website named www.playpik.com, its mobile application, and the content, interface, and database belonging to this site.
"Member": Is the User who becomes a member of the Site and benefits from the services offered therein under the conditions specified in this agreement.
3. Subject and Scope of the Agreement
The subject of this agreement is the determination of the rights and obligations of Members who wish to make their payments by credit card.
The scope of this agreement is the determination of the terms and conditions for the purchase of the services detailed below, which are available on the Site, via credit card.
For Individual Members: The sale of personalized products (magnets, puzzles, photos, etc.) created using photos and videos uploaded by the Member, which work with augmented reality (AR) technology, and the provision of the Augmented Reality Service connected to these products.
For Legal Entity Members: The sale of subscription-based service packages offered through the "pvision.io" and "playpik.com/pvision" web addresses, allowing Members to manage their own augmented reality content.
4. Rights and Obligations of the Parties
4.1. For the Member/User to be able to make a payment by credit card, they must fill in the credit card information completely and accurately in the relevant section.
4.2. The Member/User can make a single payment by credit card, or they can make installment payments, which may be divided into a number of installments to be determined within the scope of campaigns. In installment transactions, the relevant provisions of the agreement signed between the Member/User and the Bank are valid.
4.3. As installment sales are made only with the Bank's credit cards, the Member/User accepts, declares, and undertakes that they will separately confirm the relevant interest rates and information about default interest from the Bank, and that the provisions regarding interest and default interest will be applied within the scope of the Credit Card Usage Agreement between the Bank and the Member/User in accordance with the legislation in force.
4.4. Payment Service Provider and Data Security Credit card payment transactions on the Site are carried out through the secure payment infrastructure provided by iyzico (İyzi Ödeme ve Elektronik Para Hizmetleri A.Ş.), a payment institution licensed by the Banking Regulation and Supervision Agency (BRSA). The credit card information entered by the Member/User is strictly not kept or stored on PLAYPİK's servers. All card information is transmitted directly to iyzico's highly secure (PCI-DSS certified) systems. Therefore, the security and confidentiality of credit card information are entirely the responsibility of the payment service provider, iyzico. PLAYPİK cannot be held responsible for security breaches that may arise from the payment service provider's systems.
4.5. Secure Payment (3D Secure) To prevent fraud in payments made by credit card, the 3D Secure protocol is used. During the payment process, verification is performed with a security password sent to the Member/User's mobile phone by their bank. This security infrastructure is provided as a standard by the payment service provider iyzico and ensures the secure completion of the transaction.
4.6. The Member/User signing this agreement is personally responsible for the accuracy and legality of this credit card and personal information if they are making the payment of the fee arising from the agreement by credit card. The Member/User is responsible for any fraudulent activity that may arise from the unlawful use of a credit card during the payment process.
4.7. Augmented Reality Service and Duration (Individual Members) The augmented reality service linked to the purchased personalized products (the photo on the product playing the uploaded video) is valid for a period of 3 (three) year from the order date. If the Member wishes for the service to continue at the end of the 3-year period, they must give their consent using the "Activate Product" option on their profile screen on the Site. If consent is not given, the service for recognizing the relevant photo from the PLAYPİK database will end one week after the 3-year period expires, and the augmented reality feature will be canceled.
4.8. Subscription Services and Trial Period (Legal Entity Members) Legal Entity Members may be entitled to a 1 (one) month free trial for the services offered via pvision.io. During the free trial period, a management console and usage rights are defined for the Member for testing purposes. At the end of the trial period, if the Member does not continue by purchasing one of the paid subscription packages, their subscription and related access rights will be canceled. If a paid subscription is started, usage rights are granted within the content and limits of the selected package.
4.9. International Orders For orders placed from international addresses, physical products (magnets, puzzles, photos, etc.) are not shipped. In these orders, the Member only purchases the digital augmented reality service that allows an existing photo they own to be uploaded to the system, recognized by the PLAYPİK mobile application, and to play the associated video. The Member accepts this condition in advance.
5. Right of Withdrawal
5.1. The general provisions regarding the right of withdrawal are included in the Terms of Use Agreement and the Distance Sales Agreement published on this Site. Payment refunds requested by Members/Users based on the right of withdrawal are made by PLAYPİK to the credit card used for the payment, via the payment service provider (iyzico). The time it takes for the refund amount to be reflected on the card may vary depending on the internal processes of the relevant bank, and PLAYPİK cannot be held responsible for delays in these processes.
5.2. Exception to the Right of Withdrawal Products (magnets, puzzles, photos, etc.) that are specially produced in line with the Member's personal needs, using the personal photos and videos they have uploaded upon their order, fall within the scope of "goods prepared in line with the buyer's request or clearly personal needs" pursuant to the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts. Therefore, the Member does not have the right of withdrawal for these products. For digital services and subscription packages purchased by Legal Entity Members, no refund is made if the service has been activated and started to be used.
6. Other Provisions
6.1. Intellectual Property Rights: All registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information, and methods on this Site belong to the site operator and owner company or the specified right holder and are under legal protection. Visiting the Site or using its services does not grant any rights regarding the said intellectual property rights.
6.1.1. Content Uploaded by the Member: The Member accepts, declares, and undertakes that they own the intellectual property rights of all photos, videos, and content they upload to the Site, and that this content does not violate the rights of third parties, such as copyright, trademark rights, or the privacy of private life. All legal and criminal liability that may arise from the uploaded content belongs entirely to the Member. PLAYPİK cannot be held responsible for any damages or third-party claims that may arise from this content.
6.2. Privacy Principle: The Privacy Principle regarding the protection of Members'/Users' personal data is included in the Privacy Policy available on this Site.
6.3. Amendments to the Agreement: PLAYPİK may unilaterally change this agreement at any time by announcing it on the Site. The changes will become effective on the date they are announced.
6.4. Severability of the Agreement: If one of the terms of this agreement becomes partially or completely invalid, the remainder of the agreement shall continue to maintain its validity.
6.5. Notification: All notifications to be sent to the parties regarding this agreement will be made via the email address destek@pvision.io and through the email address specified by the Member during registration.
6.6. Force Majeure: Events developing beyond the control of the parties, such as war, acts of terrorism, natural disasters, and fire, will be considered as force majeure.
7. Applicable Law and Jurisdiction The Istanbul Anatolian (Kartal) Courthouse Courts and Enforcement Offices are authorized to handle any disputes that may arise from this agreement.
7. Other Provisions
The provisions of this agreement, which the Member has accepted and approved in electronic environment, declares and undertakes the following:
7.1. Intellectual and Artistic Rights
All proprietary or unregistered intellectual property rights, such as the title, business name, trademark, patent, logo, design, information and method, contained in this Site, belong to the site operator and owner company or to the person concerned and are under legal protection. The Site's intellectual property rights are reserved and any use of the Site or the use of the Services does not give any right to the Member / User or third parties regarding the intellectual property rights.
Reproduction, publication, copying and / or transfer of the information contained in this Site or of a part / site of the Site is strictly prohibited. Persons are responsible for any damage that may occur if these rights violated. Playpik reserves the right to carry out all kinds of civil and criminal charges on these persons.
Playpik have the right to make any changes on the website without notice. Playpik may change domain name without asking the members.
7.2. Privacy Policy
The Privacy Policy, for the protection of Member / Users personal data, is contained in this Privacy Policy of this Site. Please read the relevant agreement for information.
7.3. Changes to Contract Content
Playpik may unilaterally change this agreement at any time by posting on the Site. The changes in the content of the contract shall become effective on the date of their declaration from the Site. This Agreement cannot be amended by the unilateral statements of Members and Users.
7.4. Integrity of the Contract
If one of the terms of this contract becomes in partly or completely invalid, the rest of the contract remains valid.
7.5. Notices and Notifications to the Parties
All notices to be sent to related parties shall be made over the known e-mail address of Playpik. The Member / Users recognize that the e-mail address that they specify when validating the contracts is valid, and if they change, they are subject to notify the Playpik within five days, otherwise the notifications to that address will be considered as valid. In addition, Playpik may communicate with its Members in order to make a variety of promotions and notifications over e-mail addresses by sending e-mails and phone numbers by SMS.
7.6. The Force Majeure
The occurrence of states that prevent or delay the execution of the obligations of this contract (the state of war, terrorist acts, natural disaster, fire, strike, insurrection, etc.) which are emerged beyond the control of the parties will be evaluated as force majeure conditions. If the Playpik fail to fulfill their obligations within this period, no compensation will be granted to the Member / User or third parties.
8. Proof
In case of dispute, the site's site and hosting data, notices, the company's commercial documents will be accepted as final evidence.
9. Law to be Applied and Authority
Turkish law shall be applied, if there is an element of foreignness in the legal relations arising during the application and interpretation of this contract except for the conflict rules. The Istanbul Courts and Execution Offices shall be authorized in case of any disputes arising out of or arising from this contract.