Terms of Use

1. Parties and Acceptance

These Terms of Use (the "Terms") govern the terms and rules relating to the use of the event and community management and ticketing platform named "Gathin" (the "Platform" or "Gathin"), accessed through the gathin.com domain and its associated subdomains.

The Platform is operated by "Loopcode Bilişim Yazılım Mühendislik Eğitim ve Danışmanlık A.Ş." ("Loopcode" or the "Company"). The Company's corporate details are as follows:

• Trade Name: Loopcode Bilişim Yazılım Mühendislik Eğitim ve Danışmanlık A.Ş.
• Registered Address: Yavuz Sultan Selim Mah. Dr. Sadık Ahmet Cad. No:24 İç Kapı No:1, Fatih/İstanbul, Türkiye
• MERSIS No: 0609 0927 8100 0001
• Trade Registry No / Office: 189875-5 (Istanbul Trade Registry Office)
• Tax Office and Tax Identification No: Fatih Tax Office, VKN: 6090927810

Every natural or legal person who accesses the Platform, registers, creates an account, purchases a ticket or uses the Platform in any way (the "User") declares that they have read, understood and fully accepted these Terms. Persons who do not accept the Terms should not use the Platform.

These Terms form a whole together with the Privacy Policy, the KVKK Privacy Notice, the Community Rules, the Explicit Consent and Commercial Electronic Message Notice, the Organiser Agreement, the Distance Sales Agreement, the Pre-Information Form and the Cancellation and Refund Terms. Depending on the type of transaction concerned, these documents are also binding on the User.

2. Definitions

Within the scope of these Terms, the following terms bear the meanings set out beside them:

• Gathin / Platform: The software and digital infrastructure offered through gathin.com, comprising event and community management and ticketing services.
• Loopcode / Company: The legal entity operating the Platform and holding the capacity of merchant of record for paid tickets.
• User: The natural or legal person who registers with or uses the Platform.
• Visitor: A person who accesses the Platform without registering.
• Organiser: The User who creates, stages and manages events and/or communities on the Platform. The Organiser is the party staging the event; it is not the seller of the ticket.
• Event: An online or physical organisation announced by the Organiser through the Platform, offering the possibility of paid or free attendance.
• Community: A structure in which Users come together, share content and events may be announced.
• Ticket: A digital attendance document, which may be paid or free, granting the right to attend an Event.
• RSVP: Attendance notification for free events.
• Buyer: The User who purchases a paid Ticket.
• Merchant of Record: Loopcode, being the party that sells the ticket in its own name, issues the document to the Buyer and collects the price for paid tickets.
• User Content: Any content uploaded to or created on the Platform by Users.

3. Description of the Service

Gathin is an event and community management and ticketing platform that allows Users to establish communities, create events, discover events, notify free attendance at those events (RSVP) or purchase paid tickets.

3.1. Loopcode's Role

Loopcode provides and operates the Platform infrastructure. For paid tickets, Loopcode acts in the capacity of merchant of record. Accordingly, Loopcode sells the ticket to the Buyer in its own name, issues the document relating to the ticket price, collects the price and transfers the collected amount to the relevant Organiser within the framework of the agreement between them.

3.2. The Organiser's Role

The Organiser is the party staging the event. Matters such as the content, date, venue, programme, capacity, attendance conditions and pricing of the event and whether the price is displayed inclusive or exclusive of VAT are the responsibility of the Organiser (the VAT applied is determined according to the rate in force; the general rate is 20% and certain events may be subject to a different or zero rate under the legislation). The Organiser is not the seller of the ticket and is responsible for actually holding the event and for the undertakings relating to it.

3.3. Intermediary Nature

Without prejudice to its capacity as merchant of record for paid tickets, Loopcode is essentially in the position of an intermediary service provider bringing Organisers and Users together. The nature and quality of the event and its actual staging are the obligation of the Organiser.

3.4. Community Membership

A User may become a member of a community by requesting to join it or through the functions offered by the Platform. In the following cases, if you are not already a member of the relevant community, you will automatically be made a member of that community upon completing the transaction:

• Completing and submitting a form belonging to a community (for example, the attendance form of an Event or an independent form of the community); in this case, to the community to which the form belongs,
• Notifying free attendance at an Event (RSVP) or purchasing a ticket for the Event; in this case you will be made a member of the community staging the Event.

Where an Event is staged jointly (collaboratively) by more than one community, the membership described above is not limited to the community that created the Event but also covers the communities added to the Event as collaborators; you will also be made a member of those of these communities of which you are not already a member. As these communities are joint organisers of the Event, your attendance at the Event (RSVP, ticket or form) constitutes interaction with all of those communities, and the data transfer relating to membership takes place within this scope.

Membership covers the inclusion of your name in the member list of the relevant community or communities and the ability to send you notifications and announcements associated with membership. The User may leave the relevant community membership at any time. In respect of promotional messages in the nature of commercial electronic messages, the principles in the Explicit Consent and Commercial Electronic Message Notice are reserved. For details regarding the processing of your personal data in this scope and its transfer to the relevant Organiser or Organisers, the Privacy Policy and the KVKK Privacy Notice apply.

4. Account Creation and Security

4.1. Minimum Age

The Platform is intended only for use by persons who have completed the age of 16. Any person using the Platform declares that they have completed the age of 16. Loopcode reserves the right to suspend or close accounts determined not to meet the age requirement.

4.2. Registration

Creating an account requires providing first name, last name, e-mail address and password. The User may also, if they wish, complete their profile with information such as biography, telephone number, profile image (avatar), social media links, country and username. Authentication may also be carried out through Google OAuth.

4.3. Accuracy of Information

The User undertakes that the information provided during and after registration is accurate, current and complete. The User is responsible for the consequences arising from information being incorrect or incomplete.

4.4. Account Security

The User is personally responsible for the confidentiality of their account access details and for all transactions carried out through their account. The User is obliged to notify Loopcode without delay upon becoming aware of unauthorised use of their account. For details regarding the processing of personal data, the Privacy Policy and the KVKK Privacy Notice apply.

5. User Obligations and Prohibited Use

The User agrees to use the Platform in accordance with the legislation in force, these Terms and the Community Rules. In particular, the User shall refrain from the following acts:

• Creating, sharing or disseminating content contrary to the legislation in force, public order or general morality,
• Infringing the intellectual property, personality, privacy or personal data rights of third parties,
• Sharing content containing insult, harassment, threats, hate speech, discrimination or violence,
• Creating misleading, deceptive or false information or fake events,
• Sending unsolicited commercial messages (spam) or using the Platform for that purpose,
• Distributing malware, endangering the security of the Platform, attempting to gain unauthorised access or overloading systems,
• Scanning the Platform or collecting data with automated tools (bots, scrapers, etc.) without permission,
• Transacting on behalf of another person or institution without authorisation.

The principles set out in the Community Rules apply to User Content, including the tagging of other users in user photo galleries. Content constituting a breach of the rules may be reported via info@loopcode.co. Loopcode may take action in respect of reported or detected breaches pursuant to the "Suspension and Termination" section of these Terms.

6. User Content and Intellectual Property

6.1. User Content

User Content covers community photo galleries (photo uploading, liking and tagging other users), forum messages, organiser announcements, forms, event and community descriptions and user profiles.

The User accepts that the rights in the content they create or upload remain with them; however, that by uploading such content to the Platform they grant Loopcode a worldwide, royalty-free and transferable licence of use, limited to the purposes of hosting, displaying, reproducing, transmitting and showing the content on the Platform and providing the service. This licence is valid to the extent and for the period necessary for the provision of the service.

The User undertakes that they have the power of disposal over the content they upload, that the content does not infringe the rights of third parties, and that they have obtained the necessary permissions in respect of persons appearing in or tagged in photographs. The User is responsible for the lawfulness of the content.

6.2. Intellectual Property of the Platform

The Gathin brand, the gathin.com domain name, the Platform software, design, interface, source code, database structure, logos and all content created by Loopcode, together with the intellectual and industrial property rights therein, belong to Loopcode or its licensors. No transfer of rights or licence is granted to the User other than the right, granted under these Terms, to use the Platform personally and in accordance with its purpose. Copying, reproducing, distributing or creating derivative works from Platform content without Loopcode's written permission is prohibited.

7. Organisers

Users who create events or communities are additionally subject to the Organiser Agreement in the capacity of Organiser. In the event of a conflict between the Organiser Agreement and these Terms on matters specific to Organisers, the Organiser Agreement shall apply with priority.

The Organiser is responsible for the accuracy of the event and community content it creates, for actually holding the event, for complying with the attendance conditions and undertakings it announces, for obtaining the necessary permits and licences, and for the compliance with legislation of the announcements and promotional messages it sends to all members. The Organiser does not sell the ticket in its own name; for paid tickets the merchant of record is Loopcode.

8. Ticketing and Payments

8.1. Free and Paid Attendance

Attendance at Events may be free (RSVP) or paid (Ticket), as determined by the Organiser. For paid tickets, the sale is carried out by Loopcode in the capacity of merchant of record.

8.2. Pricing, Currency and VAT

Ticket prices are determined by the Organiser and may be displayed in one of the currencies TL/TRY (default), USD or EUR. Value Added Tax is applied at the rate in force (the general rate is 20%); certain events may be subject to a different or zero rate under the legislation. The price may be displayed inclusive or exclusive of VAT at the Organiser's option. The applicable price and tax information is presented to the User in the Pre-Information Form before purchase.

8.3. Payment Infrastructure

Payments are taken through the "iyzico" payment infrastructure with 3D Secure verification. Card details are transmitted to iyzico via Loopcode's payment infrastructure for the purpose of executing the payment and are not stored by Loopcode. At the payment step, first and last name, e-mail, mobile telephone number, identity number for paid tickets, billing address, tax number if any, and card details are collected. Details regarding the processing of this data are explained in the Privacy Policy and the KVKK Privacy Notice.

8.4. Issuance of Documentation

For paid tickets, the e-Archive invoice relating to the ticket price is issued by Loopcode in the capacity of merchant of record within the period prescribed by the relevant legislation (7 days) and sent to the e-mail address declared by the Buyer; it is not currently displayed separately in the Platform interface.

8.5. Distance Sales and the Right of Withdrawal

The purchase of a paid ticket constitutes a distance sales transaction within the scope of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. A Pre-Information Form is presented before purchase and the transaction is subject to the Distance Sales Agreement.

Contracts relating to entertainment, event and similar services that must be performed on a specific date or during a specific period are among the exceptions to the right of withdrawal pursuant to Article 15/1-(g) of the Regulation on Distance Contracts. For this reason, the consumer has no right of withdrawal in respect of tickets relating to events to be held on a specific date. For online products not tied to a specific date (accessible on demand or without a time limit), the 14-day right of withdrawal applies. The conditions and periods relating to cancellation and refund are set out in the Cancellation and Refund Terms.

9. Electronic Messages

Three types of electronic message may be sent to Users within the scope of the Platform:

9.1. Transactional Messages

These are messages that are the direct result of a transaction requested by the User and are necessary for the provision of the service, such as ticket or RSVP confirmation, the reminder sent 24 hours before an event and reminders relating to a saved event. By their nature these messages relate to the performance of the service and do not qualify as commercial electronic messages.

9.2. Informational Messages Within a Community

A community of which you are a member may send messages serving a service or informational purpose, such as notices, invitations, updates (for example, the postponement of an event) and post-event forms relating to that community's events. These messages are based on the membership relationship, performance of the contract and the legitimate interest of the Company/Organiser; they are directed only at Users who are members of the relevant community and who have previously received messages, and each message offers an easy and free opt-out. As their purpose is service and information rather than promotion or marketing, these messages do not qualify as commercial electronic messages within the meaning of Law No. 6563. A User who does not wish to receive such messages may stop delivery by using the opt-out link in the message or by updating their preference in the notification settings.

9.3. Commercial Electronic Messages

Messages whose exclusive purpose is promotion, marketing or increasing the recognition of a business qualify as commercial electronic messages. If such messages are to be sent, they will be subject to the User's prior explicit consent pursuant to Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages, and will be managed through the Message Management System (İYS). Loopcode does not currently send commercial electronic messages of this nature and is not registered with İYS; before such delivery is initiated, İYS registration and the necessary explicit consents will be completed.

The User always has the right to refuse (opt out of) receiving informational or commercial electronic messages sent to them, and may submit this request via the opt-out methods within the message, from the notification settings or through İYS. Details regarding electronic messages are set out in the Explicit Consent and Commercial Electronic Message Notice and the Privacy Policy.

10. Limitation of Liability

Loopcode provides the Platform "as is" and within the framework of commercially reasonable efforts. Loopcode is liable within the limits set out below:

• The content, quality, actual staging, postponement or cancellation of Events are the responsibility of the Organiser. Without prejudice to the obligations arising from its capacity as merchant of record, Loopcode is not the guarantor of the Organiser's undertakings relating to the staging of the event.
• The relevant User is responsible for the lawfulness and accuracy of User Content. Loopcode is not obliged to review all User Content in advance.
• To the extent permitted by law, Loopcode cannot be held liable for access interruptions arising from unforeseeable technical failures, maintenance work, interruptions caused by third-party service providers or cases of force majeure.
• To the extent permitted by law, Loopcode is not liable for problems arising from the operation of third-party services such as iyzico, Google Analytics, Google Maps and authentication providers.

The limitations set out in this article may not be interpreted so as to eliminate liabilities arising from consumer legislation and mandatory rules of law.

11. Suspension and Termination

11.1. By Loopcode

In cases of breach of these Terms, the Community Rules or the legislation in force, security risk, misuse or infringement of third-party rights, Loopcode may temporarily suspend an account or content, restrict access or terminate the account. Loopcode endeavours to give prior notice depending on the nature of the breach; however, it may act without notice in cases of security or legal necessity.

11.2. By the User

The User may close their account or request its deletion at any time. Deletion of the account does not eliminate obligations that have arisen up to that date or the rights and debts relating to completed ticket transactions.

11.3. After Termination

Following the closure or termination of the account, the retention and destruction of personal data is carried out in accordance with the Privacy Policy, the KVKK Privacy Notice and the relevant legislation. Details regarding the retention period after account deletion: within 30 days at the latest, subject to data required for legal obligations and potential disputes and to the mandatory retention periods prescribed by the legislation.

12. Changes

Loopcode may update these Terms in line with changes in the legislation in force, the development of the service or requirements relating to its operation. The current Terms enter into force on the date they are published on the Platform, and the update date at the beginning of the document is changed accordingly. The User's continued use of the Platform means that they accept the updated Terms. In the case of material changes to the detriment of the User, separate notification is given where required by the legislation.

13. Governing Law and Jurisdiction

These Terms are governed by and shall be interpreted in accordance with the laws of the Republic of Türkiye. The courts and enforcement offices of Istanbul have jurisdiction in the resolution of disputes that may arise from these Terms.

In transactions in which the User holds the capacity of consumer, the Consumer Arbitration Committees and the Consumer Courts have jurisdiction within the monetary limits announced. Rights arising from consumer legislation are reserved.

14. Contact

Loopcode may be contacted through the following channels:

• Support e-mail: info@loopcode.co
• E-mail for KVKK and legal notifications: info@loopcode.co
• Telephone: 0 (530) 468 28 68
• Registered address: Yavuz Sultan Selim Mah. Dr. Sadık Ahmet Cad. No:24 İç Kapı No:1, Fatih/İstanbul, Türkiye
• Abuse and complaint notifications: info@loopcode.co