Terms Of Use

TERMS OF USE

1. Preamble

1.1. This Terms of Use (“Terms”) establishes a legally binding agreement between any person (“User”) who downloads and/or uses Disconti mobile application (“Disconti Application”) and any person who visits (“Visitor”) website with the domain name https://www.disconticard.com (“Website”) and Disconti Bilgi Teknolojileri Anonim Şirketi, a Turkish company residing at Atatürk Mahallesi Ertuğrul Gazi Sokak Metropol İstanbul Sitesi C2 Blok Apt. No:2A/14 Ataşehir/İstanbul, (“Disconti”) regarding User’s access to and use of Disconti Application.

1.2. Upon accessing the Website, Visitor becomes subject to articles of these Terms regarding himself/herself.

1.3. By accessing the Website, Visitor acknowledges that he/she read, understood, accepted the articles of these Terms regarding himself/herself and that he/she shall immediately cease his/her accesss to Website in case of not agreeing.

1.4. Upon accessing Disconti Application and/or using Disconti Application, User becomes subject to these Terms.

1.5. By accessing or using Disconti Application, User acknowledges that he/she has read, understood, accepted and agreed to be bound by and comply with the provisions set forth in these Terms. In case of not agreeing with these Terms or any part thereof, User shall immediately cease his/her access and use of Disconti Application.

1.6. These Terms shall also apply, including without limitation to any new functions, features or tools added to Disconti Application and/or the Website.

1.7. Disconti, reserves the right to update and modify these Terms by providing User with notice of updates and modifications.

1.8. In case of an update, User will be notified of the pending changes in advance, and after the implementation of such update, continued use of the Disconti Application shall mean User’s acceptance thereof.

1.9. In case of an update, Visitor will not be notifed and he/she may access to the most updated version of these Terms through Website.

2. Definitions

2.1. The below-mentioned terms shall be understood as follows unless specified otherwise:

Account

An account which allows User to access Disconti Application and its features

Activation/Activate

Clicking on “Use Discount Now” button which provides User to access detailed information on campaigns and entitles User to redeem campaigns

Disconti Card

A tourist sale card with different types which can be physically or electronically be purchased and offers different advantages to its withholder

Elite Card

Discount codes, offers and various privileges from shopping (apparel, accessories, shoe&bags, electronics, home living, organic goods, local businesses etc.) , food&drink (restaurants, QSRs, airport lounges, herbs shops etc.), touristic services (SIM with mobile data & minutes, car rental w/o driver, airport transfer, guide etc.) and attractions (special Museums, guided daily tours etc.).

Gold Card

Discount codes, offers and various privileges from shopping (apparel, accessories, shoe&bags, electronics, home living, organic goods, local businesses etc.) , food&drink (restaurants, QSRs, airport lounges, herbs shops etc.), touristic services (SIM with mobile data & minutes, car rental w/o driver, airport transfer, guide etc.) and attractions (special Museums, guided daily tours, Bosphorus tour, balloon tours, safari & rafting, wellness, Turkish baths etc.), hotels and entertainment (beach, theme parks, game centers, zoo, aquariums, event tickets)

Platinum Card

Discount codes, offers and various privileges from shopping (apparel, accessories, shoe&bags, electronics, home living, organic goods, local businesses etc.) , food&drink (restaurants, QSRs, airport lounges, herbs shops etc.), touristic services (SIM with mobile data & minutes, car rental w/o driver, airport transfer, guide etc.) and attractions (special Museums, guided daily tours, Bosphorus tour, balloon tours, safari & rafting, wellness, Turkish baths etc.), hotels and entertainment (beach, theme parks, game centers, zoo, aquariums, event tickets) and free local SIM card with 25 GB mobile data+750 minutes for Turkey calls+250 SMS.

Health Card

Discount codes, offers and various privileges from shopping (apparel, accessories, shoe&bags, electronics, home living, organic goods, local businesses etc.) , food&drink (restaurants, QSRs, airport lounges, herbs shops etc.), touristic services (SIM with mobile data & minutes, car rental w/o driver, airport transfer, guide etc.) and attractions (special Museums, guided daily tours, Bosphorus tour, balloon tours, safari & rafting, wellness, Turkish baths etc.), hotels and entertainment (beach, theme parks, game centers, zoo, aquariums, event tickets) and free local SIM card with 25 GB mobile data+750 minutes for Turkey calls+250 SMS, health services (hospitals, dental clinics, hair transplantation clinics etc)

Force Majeure Event

Floods, earthquakes, or other comparable elements of nature; wars, pandemics or common diseases, civil disorders, or revolutions in any country or; any other event beyond the realistic control that waives debtor’s fault

Intellectual Property Rights

Registered or unregistered, registerable or unregistrable all intellectual property rights in whole or in part anywhere in the world and herein include without limitation copyright, trade secrets, know-how, business names, trademarks, service marks and patents

Supplier

A contracting party who mostly is a legal person with commercial undertakes and who entered into a contract with Disconti on providing discounts, advantages, campaigns, etc. and/or physically supplying Disconti Card to its customers such as shopping malls, airports & ports, tourist informations points, hotels, stores etc.

3. Website

3.1. Disconti does not provide a suitable electronic device or other necessary equipment to access the Website. It is the responsibility of Visitor to provide suitable devices for accessing to the Website.

3.2. The internet connection required to access to Website is not offered by Disconti and will be provided by Visitor.

3.3. Visitor accepts that the Website might not be always updated.

3.4. Visitor shall not make any request to Disconti in case that the campaigns on the Website change.

3.5. Visitor may contact with Disconti through Website but Disconti is not obliged to reply in an instant.

3.6. Website may offer connections to websites, applications or services of third parties that Disconti does not own or control. Visitor who leaves the Website shall be subjected to the terms of uses of third-party websites, applications or services.

4. Disconti Application

4.1. Disconti does not provide a suitable electronic device or other necessary equipment to access Disconti Application. It is the responsibility of User to provide suitable devices for downloading and using Disconti Application.

4.2. User shall download Disconti Application through application markets supported by his/her device needed to access Disconti Application and to do so, User shall have internet access which also will not be provided by Disconti.

4.3. No fees are charged for downloading Disconti Application in any platform. However, it is in sole discretion of Disconti to decide otherwise.

4.4. Disconti Application may offer connections to websites, applications or services of third parties that Disconti does not own or control. User who leaves Disconti Application shall be subjected to the terms of uses of third-party websites, applications or services.

5. Account

5.1. To access limited features of Disconti Application as it is mentioned in article 5.8. of these Terms, User shall register and create an Account.

5.2. User’s access and use of Disconti Application are contingent on signing up for an Account and providing certain relevant information including User’s name surname, e-mail address, password, phone number, gender and country. Disconti may change necessary information required for signing up process from time to time.

5.3. To complete sign up process there shall be no missing information or Disconti will not allow User to continue.

5.4. In order to sign up for an Account, User shall be at least 13 (thirteen) years old. In cases where User is above 13 (thirteen) but under 18 (eighteen) years old (“Minor”); User may sign up for an Account only with a parent’s or a legal guardian’s allowance in compliant with related Turkish law. Parent or legal guardian allowing a Minor to sign up for an Account, hereby agrees to:

5.4.1. oversee the Minor’s use of Disconti Application and his/her Account;

5.4.2. assume all hazards and liabilities arising from the use of Disconti Application by the Minor and his/her Account;

5.4.3. ensure that the content on Disconti Application is appropriate for the Minor;

5.4.4. ensure that all information submitted by the Minor to Disconti is accurate and;

5.4.5. provide consents, representations, and warranties contained in these Terms on behalf of the Minor.

5.5. User agrees to keep his/her Account information accurate, complete, and with up to date information. User is liable for all activities that take place under his/her Account and agrees to keep the safety and privacy of the username and password of his/her Account at all times. In case of becoming conscious of or reasonably suspect any violation of safety, including without limitation any loss, theft, or unlawful disclosure or use of his/her Account, User must promptly notify Disconti. User’s failure to keep his/her Account data accurate, complete, and up to date may lead to User’s inability to access and/or use of Disconti Application. Disconti shall not be held responsible for any loss or harm caused by User’s inability to preserve the safety of his/her Account and password.

5.6. User shall use his/her e-mail address and password generated for Disconti Application, in order to sign in the Account.

5.7. In cases where User forgets his/her password; by clicking “Forgot Your Password?” button, an e-mail will be sent to User, which enables User to reset his/her password.

5.8. User who signs in the Account may reach limited information on advantages and campaigns offered with Disconti Card unless User adds his/her Disconti Card to the Account.

5.9. User shall give necessary permissions on his/her device in order to benefit from some services provided by Disconti.

6. Disconti Card

6.1. Disconti offers its User Disconti Card with various types, which are Elite Card, Gold Card, Platinım Card and Health Card.

6.2. Disconti may change above-mentioned Disconti Card types or add new types of Disconti Card as well as changing description, price, features and/or duration of Disconti Card.

6.3. Disconti Card has different features, which differ according to above-mentioned types that may offer opportunities like internet access, museum card, etc. and location-based and/or personalized discount options in different sectors such as travel, transportation, shopping, health etc.

6.4. Regardless of its type, Disconti Card may be obtained in several ways, which are purchasing through Disconti Application and purchasing from the Supplier. Disconti reserves the right to change these ways of obtaining Disconti Card.

6.5. If User purchases Disconti Card through Disconti Application, he/she shall first read and accept the Preliminary Information Form and the Distant Sales Agreement.

6.6. Types of Disconti Card and their features are given below with comparison:

6.6.1. “Elite Card”: It includes discount codes, offers and various privileges from shopping (apparel, accessories, shoe&bags, electronics, home living, organic goods, local businesses etc.) , food&drink (restaurants, QSRs, airport lounges, herbs shops etc.), touristic services (SIM with mobile data & minutes, car rental w/o driver, airport transfer, guide etc.) and attractions (special Museums, guided daily tours etc.) valid for 14 days

6.6.2. “Gold Card”: It includes Discount codes, offers and various privileges from shopping (apparel, accessories, shoe&bags, electronics, home living, organic goods, local businesses etc.) , food&drink (restaurants, QSRs, airport lounges, herbs shops etc.), touristic services (SIM with mobile data & minutes, car rental w/o driver, airport transfer, guide etc.) and attractions (special Museums, guided daily tours, Bosphorus tour, balloon tours, safari & rafting, wellness, Turkish baths etc.), hotels and entertainment (beach, theme parks, game centers, zoo, aquariums, event tickets) valid for 14 days

6.6.3. “Platinum Card”: It inclueds discount codes, offers and various privileges from shopping (apparel, accessories, shoe&bags, electronics, home living, organic goods, local businesses etc.) , food&drink (restaurants, QSRs, airport lounges, herbs shops etc.), touristic services (SIM with mobile data & minutes, car rental w/o driver, airport transfer, guide etc.) and attractions (special Museums, guided daily tours, Bosphorus tour, balloon tours, safari & rafting, wellness, Turkish baths etc.), hotels and entertainment (beach, theme parks, game centers, zoo, aquariums, event tickets) and free local SIM card with 25 GB mobile data+750 minutes for Turkey calls+250 SMS valid 14 days.

6.6.4. “Health Card”: It includes d iscount codes, offers and various privileges from shopping (apparel, accessories, shoe&bags, electronics, home living, organic goods, local businesses etc.) , food&drink (restaurants, QSRs, airport lounges, herbs shops etc.), touristic services (SIM with mobile data & minutes, car rental w/o driver, airport transfer, guide etc.) and attractions (special Museums, guided daily tours, Bosphorus tour, balloon tours, safari & rafting, wellness, Turkish baths etc.), hotels and entertainment (beach, theme parks, game centers, zoo, aquariums, event tickets) and free local SIM card with 25 GB mobile data+750 minutes for Turkey calls+250 SMS, health services (hospitals, dental clinics, hair transplantation clinics etc)

6.7. Value-added tax (“VAT”) included prices of various types of Disconti Card are given below with comparison:

6.7.1. Type of Disconti Card : Elite Card

Price of the Card : 29.90 € - twenty-nine euros and ninety cents, VAT included

6.7.2. Type of Disconti Card : Gold Card

Price of the Card : 49.90 € - forty-nine euros and ninety cents, VAT included

6.7.3. Type of Disconti Card : Platinum Card

Price of the Card : 99.90 € - ninety-nine euros ninety cents, VAT included

6.7.4. Type of Disconti Card : Health Card

Price of the Card : 149.90 € - one hundred and forty-nine euros ninety cents, VAT included

6.8. User may click “Add Your Card” button in order to add a pre-purchased Disconti Card or buy a new one.

6.9. User may add a pre-purchased Disconti Card by either writing card number or scanning the QR code on Disconti Card obtained from the Supplier. As it is expressed in article 5.9. of these Terms; User shall give Disconti permission to access the camera in order to add a pre-purchased Disconti Card by using QR code. To obtain Disconti Card, User may also choose to buy one through Disconti Application instead of adding pre-purchased Disconti Card by following these steps:

6.9.1. Providing necessary information,

6.9.2. Choosing the type of Disconti Card which he/she prefers to buy,

6.9.3. Continuing with the payment process, which is carried out with foreign debit or foreign credit cards by PayU-Iyzico as a payment service provider.

6.10. User who obtains a Disconti Card by using both “Add a Card” or “Buy a Card” methods, may reach relevant information about his/her Disconti Card such as card number, card expire date and card activation date.

6.11. With an obtained Disconti Card, User becomes entitled to access detailed information about campaigns regarding duration and location of the campaign and benefits of the campaign like discount rate.

6.12. Disconti Card expires in 14 (fourteen) days upon Activation unless specified otherwise.

6.13. Disconti Card does not enable online shopping. Discounts and services can only be used physically.

7. Rights & Obligations of User and Visitor

7.1. Visitor shall access to Website with a suitable electronic provided by him/herself.

7.2. User shall properly download Disconti Application on a suitable electronic device provided by him/herself.

7.3. User/Visitor shall not

7.3.1. infringe any international, federal or local legislation, regulations, rules or ordinances;

7.3.2. infringe upon or violate Disconti’s Intellectual Property Rights or the Intellectual Property Rights of others;

7.3.3. submitting false or misleading information;

7.3.4. interfere with or circumvent the safety measures of Disconti Application/Website,

7.3.5. attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of Disconti Application/Website.

7.4. User shall sign up to Disconti Application with accurate information.

7.5. Disconti Card is for personal use. User can only use the card for himself/herself and his/her children.

7.6. User may request to opt out from Disconti Application by clicking on “Delete My Data” button.

7.7. Visitor shall read and accept the articles of these Terms regarding him/herself before continuing to access to Website and shall refrain from accessing to Website in situations where Visitor’s approval is lacking.

7.8. User shall read and accept these Terms before signing up for an Account and shall refrain from using Disconti Application in situations where User’s approval is lacking.

7.9. User shall sign in to the Account to access available campaigns but in order to have more detailed information and also benefit from those campaigns; User shall obtain a Disconti Card.

7.10. User shall make the payment through proper channels by using valid foreign credit or foreign debit cards to obtain a Disconti Card via purchasing electronically.

7.11. User may start using Disconti Card by clicking on “Use Discount Now” button. Obtaining a Disconti Card does not indicate that the Activation is completed and does not give User a right to benefit from campaigns. User may Activate Disconti Card any time he/she pleases.

7.12. User may reach campaign details as long as he/she Activates his/her Disconti Card.

7.13. User may redeem advantages by sharing code or showing QR code.

7.14. User shall give Disconti permission to access his/her location information in order to be offered with location-altered campaigns.

7.15. User/Visitor shall check out these Terms periodically to notice changes in these Terms.

7.16. User shall not make any demands in the event of a lost Disconti Card unless he/she has already added Disconti Card to his/her Account.

7.17. Visitor may terminate these Terms by not using Website.

7.18. User may terminate these Terms by not using and/or deleting Disconti Application.

8. Rights & Obligations of Disconti

8.1. Disconti may Update Disconti Application, Website and these Terms with its sole discretion at any time.

8.2. Disconti shall electronically deliver Disconti Card to User’s Account in accordance with the Preliminary Information Form and Distant Sales Agreement as soon as User makes the payment. In case of a technical handicap, Disconti shall be delivering Disconti Card not later than 24 (twentyfour) hours.

8.3. Disconti reserves the right to change payment methods and payment gateway.

8.4. To the maximum extent permitted by applicable laws, Disconti may change prices, features, description and duration of Disconti Card at any time.

8.5. Disconti shall make commercially acceptable attempts to allow the accessibility of Disconti Application and Website. But, Disconti shall not be liable for:

8.5.1. planned downtime or;

8.5.2. any unavailability precipitated directly or indirectly by conditions beyond Disconti’s realistic control including a Force Majeure event or; any violation of these Terms by the User/Visitor.

8.6. Disconti may terminate these Terms in case of a breach arising from User and restrict User to access Disconti Application and services provided with Disconti Card.

9. Indemnification

9.1. Disconti has no influence over the material, privacy policies or procedures of any third-party websites, or services and takes no accountability for them. Furthermore, the User recognizes and agrees that Disconti shall not be liable, directly or indirectly, for any harm or loss induced or presumed to result from or in contact with the use or dependence on any such material, products or services accessible on or through any such website, application or service.

9.2. User acknowledges and agrees that Disconti shall have no responsibility or liability with regard to invoicing process provided by PayU-Iyzico. Disconti is not responsible for the wrong prices charged due to the mistakes of the system of PayU-Iyzico.

9.3. Disconti shall not be held responsible for personal data related to payment processes.

9.4. Disconti shall not be held responsible for the agreements made between Suppliers or service providers and Users. Users may pay additional fees to Suppliers or service providers in cases where Users make additional requests other than the advantages that their Activated Disconti Card offers. These transactions are not in Disconti’s area of responsibility.

9.5. Disconti shall not be held responsible for Suppliers’ wrongful actions, lack of performance, commercial decisions and products/services provided.

9.6. User shall not hold Disconti responsible for injuries, losses and/or damages arising from products/services supplied by means of using Disconti Card.

10. Miscellaneous Provisions

10.1. Disconti, legally processes User’s/Visitor’s personal data under Personal Data Protection Law numbered 6698 (“PDPL”) with performing its obligations accordingly and under General Data Protection Regulation (“GDPR”) and California Consumer Privacy Act (“CCPA”) insofar as circumstances permit. Disconti is fully committed to protect User’s/Visitor’s privacy and security and address User’s/Visitor’s concerns. User/Visitor may read Disconti’s Privacy Policy to learn about how Disconti handles his/her personal data.

10.2. If any part of these Terms is found to be unlawful, void or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only.

10.3. The headings used in these Terms are for reference reasons only and do not influence the understanding of this Terms of Use.

11. Notifications

11.1. For any feedbacks, questions or comments about Disconti Application, Website and these Terms, Disconti may be contacted by sending an e-mail to [email protected] or via Website.