ARTICLE 1 – PARTIES AND SCOPE
1.1 This Membership Agreement ("Agreement") is entered into between Tiyatronet Bilişim Teknoloji A.Ş. (Trade Registry No: 0845069154500001), located at "Reşitpaşa Mah. Katar Cad. İTÜ Arı Teknokent 3 Binası No:4 İç Kapı No:B109 Sarıyer/İstanbul" ("THEHOUSESEAT") and the consumer ("USER") who wishes to benefit from the digital content offered by THEHOUSESEAT, to determine the terms of use of all services and content provided, and the mutual rights and obligations of the Parties.
1.2.The Agreement shall be deemed established and entered into force upon the USER clicking the "I Accept the Membership Agreement" button in the electronic environment and the acceptance declaration being recorded in THEHOUSESEAT's records. By becoming a member of the site, the USER accepts, declares, and undertakes that they have read and fully approved the entire content of the Agreement terms.
1.3 Furthermore, this Agreement shall be binding on the parties for members who access the THEHOUSESEAT website or digital platforms using their THEHOUSESEAT membership, from the moment access begins.
1.4 The USER accepts and declares that they are informed about the basic characteristics, sale price, payment method, and all other matters of the digital content subject to sale in accordance with the Distance Contracts Regulation published in the Official Gazette No. 29188, and that they have been provided with preliminary information, and that this Agreement is binding.
1.5 This Agreement shall be deemed concluded upon the USER's declaration that the Sales Agreement and the Agreement have been read and accepted, and shall have effect and consequences from that moment. The Agreement shall continue and remain binding on the parties as long as the provisions of Article 10 are not applied.
ARTICLE 2 – DEFINITIONS
2.1 In this Agreement,
Agreement: This Membership Agreement; THEHOUSESEAT: BG Danışmanlık ve Turizm Hizmetleri Ltd. Şti. (Trade Registry No: 0168047512000015), located at Yıldızposta Caddesi Vefabey Sokak Yeşil Apt. No:9 Kat:5 D:10-11 Gayrettepe - İstanbul, which is a party to this Agreement; User: The consumer who wishes to benefit from the digital content offered by THEHOUSESEAT by approving this Agreement; Digital Content: Paid and/or free video, music, live TV broadcast, game, and similar content services offered by THEHOUSESEAT through the THEHOUSESEAT website and/or THEHOUSESEAT applications on mobile devices, smart TVs, and similar devices; Personal Data: All information aimed at directly or indirectly identifying the USER, including but not limited to the name, surname, e-mail address, age and gender information voluntarily provided by the USER to THEHOUSESEAT in the digital environment, and information that the USER has consented to share through their social media accounts when THEHOUSESEAT is accessed through such accounts.
Site: Refers to the website address www.thehouseseat.com.
ARTICLE 3 - SUBJECT OF THE AGREEMENT
3.1 The USER has obtained the right to purchase digital content services, the features of which are specified in this Agreement and the Sales Agreement, which is an integral part of this Agreement, under the conditions stated in the Sales Agreement. The features and terms of use of the purchased Digital Content Services are as described on the introduction page of the website named THEHOUSESEAT and in the Sales Agreement.
3.2 Under this Agreement, THEHOUSESEAT undertakes to provide the Digital Content Services, which it determines at its sole discretion and offers through the THEHOUSESEAT website at www.thehouseseat.com and/or THEHOUSESEAT applications on mobile devices, smart TVs, and similar devices, to the USER at predetermined prices and conditions, within the license limitations related to the selected service category. The USER undertakes to accept the terms of use of THEHOUSESEAT and to pay the service fee to THEHOUSESEAT on time.
3.3 The USER accepts that the digital content services specified in this Agreement and the Sales Agreement, which is an integral part of the Agreement, do not have a physical delivery, and that the digital content services of an intangible nature will be provided and delivered electronically.
3.4 This Agreement shall be deemed signed upon the USER's declaration that the Membership Agreement and the Agreement have been read and accepted, and shall have effect and consequences from that moment. The Agreement shall continue and remain binding on the Parties unless terminated or cancelled.
ARTICLE 4 - MEMBERSHIP PROCEDURES
4.1. The USER cannot create more than one membership with the e-mail address provided during registration. The USER will use the e-mail address provided during registration as their username, will have a password of their own choosing, and may change their password at any time. The responsibility for password selection, change, and protection lies entirely with the USER. The USER accepts, declares, and undertakes that THEHOUSESEAT bears no responsibility for the theft of the USER's password.
4.2. The USER accepts and undertakes that all information provided to THEHOUSESEAT during membership creation and use of services is accurate, and that THEHOUSESEAT bears no responsibility for problems that may arise from incorrect or incomplete information when such information is required. In the event of changes to the USER's information, it is the USER's responsibility to update such information.
4.3. The USER accepts and undertakes that they can use the Digital Content Services subject to the Agreement by entering the username and password they have determined, and that THEHOUSESEAT is not responsible for the inability to use services due to incorrect entry of the username and/or password.
4.4. The USER declares that they will not claim that transactions that can be performed using a password were performed by a third party other than themselves, that they irrevocably waive the right to make such claims, that THEHOUSESEAT is not obligated to investigate the identity of persons performing transactions using the username and password, that they will exercise the necessary care and diligence to keep the password and username confidential, that they will not disclose or allow the use of the password and username to any third party, that they will immediately notify THEHOUSESEAT if they learn or suspect that the password and username have been obtained by unauthorized third parties, and that THEHOUSESEAT will not be responsible for damages arising from the use of the password and username by third parties.
4.5.If applications made by minors are detected in any way, the transactions shall not take effect even if completed, and they cannot benefit from the rights under this Agreement. Claims, transactions, and potential damages in the contrary direction are not the responsibility of THEHOUSESEAT.
ARTICLE 5 – RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The USER accepts and undertakes that the digital content offered by THEHOUSESEAT can only be used for individual purposes within the scope of this Agreement and that no authority not explicitly stated in the Agreement has been transferred to THEHOUSESEAT.
5.2. Upon the entry into force of this Agreement, the USER obtains the right to receive services by purchasing the digital content services subject to the Agreement within the scope of the terms of use and limitations specified in the Sales Agreement, at www.thehouseseat.com and in THEHOUSESEAT applications.
5.3. Under this Agreement, after filling out the membership form and approving the clause "I have read, negotiated and accept the terms of the Membership Agreement," the USER declares and undertakes that they are over 18 years of age. If it is determined that the USER was under 18 years of age at the date their membership was approved, THEHOUSESEAT may unilaterally terminate the relevant user's agreement.
5.4. THEHOUSESEAT does not provide any commitment or guarantee to the USER regarding the provision of hardware and/or software or the proper functioning of existing hardware and/or software under this Agreement. The USER accepts, declares, and undertakes that their electronic devices and technical equipment used to benefit from the services provided by THEHOUSESEAT meet the minimum necessary requirements, that THEHOUSESEAT bears no responsibility if the USER cannot benefit from services otherwise, and that they will not make any claims against THEHOUSESEAT under any name.
5.5. The USER accepts and undertakes that THEHOUSESEAT will not be responsible for interruptions, quality problems, security issues due to internet disruptions, and/or problems arising from force majeure events such as general unrest, war, terrorism, strikes, general power outages, earthquakes, floods, states of emergency, cyber attacks, device virus infections, server-based issues, internet infrastructure problems, or similar causes.
5.6 THEHOUSESEAT reserves the right to temporarily suspend or permanently stop the operation of the system and the provision of services in case of technical problems or similar disruptions. The USER accepts and undertakes that they will not demand any compensation or similar rights and payments from THEHOUSESEAT under any name for this reason. THEHOUSESEAT shall not be liable for the inability to complete or the cancellation of transactions due to technical failures or problems arising from THEHOUSESEAT's minor negligence within the scope of digital content services provided under the Agreement.
5.7. THEHOUSESEAT may change the domain name, appearance, content, and digital content of the website where it provides services at any time.
5.8. The USER accepts, declares, and undertakes that THEHOUSESEAT may unilaterally change the provisions of this Agreement, add new articles, or remove articles due to technical requirements, changes in legislation, or similar compelling reasons. If the changes to the Agreement are not accepted by the USER, the USER shall have the right to immediately terminate this Agreement. If the changes in the Agreement are not accepted by the USER, THEHOUSESEAT shall have the right to not provide, suspend, or terminate the digital content services. This Agreement cannot be modified by the USER's unilateral declarations.
5.9 Interruptions or suspension of services due to decisions of official institutions, legal practices, or legal technical issues and requirements related to the service provided shall be considered as force majeure, and THEHOUSESEAT shall not be liable in such cases.
5.10 THEHOUSESEAT provides a service that operates through data flow over the internet. The USER accepts, declares, and undertakes that the internet package quota they are connected to while using THEHOUSESEAT services will be affected by this situation, and that THEHOUSESEAT is not responsible for any access expenses, quota overages, and their consequences that may arise.
5.11. The Parties accept and declare that all computer records belonging to THEHOUSESEAT shall be taken as valid, binding, definitive, and exclusive evidence, and that such records constitute an evidence agreement.
5.12. The USER is directly responsible for the damages suffered or that may be suffered by third parties due to their actions in violation of the law or the provisions of the Agreement, and THEHOUSESEAT has no direct or indirect responsibility whatsoever.
5.13 By approving this Agreement, the USER accepts that informational e-mails will be sent to their e-mail address and informational SMS messages will be sent to the phone number they have provided.
5.14 THEHOUSESEAT may change this Agreement and all related agreements and annexes, at any time it deems appropriate, entirely at its own discretion and unilaterally, by announcing them on the Site. The amended provisions of this Membership Agreement shall become effective on the date they are announced; the remaining provisions shall continue to remain in effect and produce their results as before.
5.15 The User accepts that this application and website belong to and are operated by THEHOUSESEAT. The content of this application is protected under Law No. 5846 on Intellectual and Artistic Works. The USER accepts and undertakes not to reproduce, copy, distribute, or process images, texts, visual and auditory content, video clips, files, databases, catalogs, and lists found within the application that would constitute an infringement on the personal or property rights of THEHOUSESEAT and/or any third party.
ARTICLE 6 - PROTECTION OF PERSONAL DATA
6.1. THEHOUSESEAT records personal data through the Site, THEHOUSESEAT applications, or call center, including name, surname, date of birth, address, phone number, and e-mail address, in order to provide digital content services to the USER and to provide content more suited to the USER's expectations.
6.2 Personal data is processed in accordance with the fundamental principles set forth in the Law, within the personal data processing conditions and purposes specified in Article 5 of the KVKK, and within the framework of the provisions of the Agreement. The USER's personal data cannot be processed for purposes other than those specified in this Agreement.
6.3. THEHOUSESEAT accepts and undertakes that it will process, transfer, and store the personal data transmitted by the USER only within the scope and purpose of this Agreement. THEHOUSESEAT may use the personal data transferred within the scope of this Agreement by e-mail, mail, or telephone for the purpose of correctly providing products and services and responding to consumer inquiries.
6.4 If the USER gives consent to the promotions and introductions section at the bottom of the Agreement, THEHOUSESEAT may use the personal data transmitted by the USER for marketing activities and similar purposes within legal limitations for communication purposes, by e-mail, mail, or telephone. THEHOUSESEAT reserves the right to use personal data for profiling to the extent limited to the purpose of providing services.
6.5 If the USER accepts cookie applications, cookies are placed on the USER's device in accordance with the Cookie Policy on the THEHOUSESEAT website.
6.6 The USER's personal data is transferred to business partners, affiliates, legally authorized public institutions, and legally authorized private institutions in accordance with the principles determined in Articles 8 and 9 of the KVKK.
6.7 The USER gives consent to the recording, storage, and processing of all such personal data by approving this Agreement. Furthermore, by approving this membership agreement, the USER explicitly accepts that the contents of the Privacy Policy and Personal Data Protection Information Notice published on THEHOUSESEAT's website and digital platforms are within their knowledge and consent.
6.8 The USER accepts and declares that they have read the Agreement and the Privacy and related Policies on THEHOUSESEAT's website.
6.9 The USER accepts and undertakes the obligation to ensure that the personal data transferred by them during the membership period is accurate and, when necessary, up to date.
6.10 The USER may request their rights arising from the KVKK by contacting THEHOUSESEAT through the Site (or through the application form on the website). THEHOUSESEAT will respond to the USER within a reasonable time.
6.11 THEHOUSESEAT shall finalize requests made by the USER regarding the processing, transfer, and/or storage of personal data free of charge within the shortest time and in any case within a maximum of 30 (thirty) days. For this period to begin, the USER must send their request in writing to THEHOUSESEAT by any method determined by the Personal Data Protection Board. In cases where the request is rejected by THEHOUSESEAT, the response is found insufficient, or no response is given in time, the USER may file a complaint with the Personal Data Protection Board within 30 (thirty) days from the date they learn of the response and in any case within 60 (sixty) days from the date of application.
7 - SERVICE FEE
7.1 The USER accepts and undertakes to pay the service fees specified in the Agreement and explained on the Site in the indicated methods. The USER cannot benefit from the services offered by THEHOUSESEAT without making this payment. THEHOUSESEAT reserves the right to change product and/or service prices at any time.
ARTICLE 8 - STAMP TAX
8.1 If this Agreement is accepted by the USER, half of the stamp tax amount to be assessed will be reflected on the USER's service fee invoice and collected from the USER.
ARTICLE 9 - TERMINATION AND CANCELLATION OF THE AGREEMENT
9.1 THEHOUSESEAT may completely and by its sole unilateral decision cease providing the products and/or services subject to the Agreement to its members and may terminate the provision of services. In this case, the USER shall not demand any rights or payments from THEHOUSESEAT under any name.
9.2 The use of digital content services for purposes other than individual use, sharing digital content with third parties and/or institutions, allowing such persons to use it, and/or transferring it to such persons is prohibited. The rights subject to the Agreement may not be used by the USER for commercial purposes in any way. In the event that THEHOUSESEAT detects unauthorized use or violation of any provision of the Agreement, or in the event of suspicion of such use, the services provided under the Agreement shall be immediately suspended, and this Agreement shall be unilaterally terminated without any notice. In this case, THEHOUSESEAT's right to claim damages and other rights are reserved.
9.3 The USER accepts, declares, and undertakes that in the event of account closure, they will not make any claims for rights and/or receivables from THEHOUSESEAT, and that they have no right to any compensation or similar claims in relation to this situation.
9.4 The USER may terminate their membership by providing written notice to THEHOUSESEAT.
ARTICLE 10 - RESOLUTION OF DISPUTES
10.1 In the event of disputes, the Courts and Execution Offices of Istanbul shall have jurisdiction.
ARTICLE 11 – EFFECTIVENESS
11.1 The USER's membership registration means that they have read and accepted all articles in this membership agreement. This agreement has been concluded electronically at the time of the USER's membership and has mutually entered into force. This agreement shall remain in force until the USER cancels their membership or until the USER's membership is cancelled by THEHOUSESEAT.
Right to Delete Personal Data
Users have the right to request the deletion of their accounts as well as their personal data. To make this request, they can send an e-mail to destek@thehouseseat.com or contact the live support team. After your request is reviewed, action will be taken as soon as possible.