Table of Contents
Summary (not binding): This Agreement sets out the basic rules you accept when registering as a member of hipopotamya.com. Some products on the Platform are sold by us directly; in services such as the Player Market and Streamer Support, we act solely as an intermediary between the buyer and the seller/streamer. Purchases are made with the balance in your site wallet; loaded balance may be spent but cannot be converted into cash except where the refund conditions apply. Because digital products are delivered instantly, the statutory exception to the right of withdrawal applies. The details are set out below.
ARTICLE 1 — PARTIES
1.1. This Membership and Platform Terms of Service Agreement (the "Agreement") is entered into between HİPOPOTAMYA BİLİŞİM LİMİTED ŞİRKETİ ("Hipopotamya" or the "Company"), a limited liability company incorporated under the laws of the Republic of Türkiye, having its registered office at Değirmiçem Mahallesi Nail Bilen Caddesi Uğur Plaza No:5/149 Şehitkamil/Gaziantep/Türkiye and registered with the Gaziantep Trade Registry under registry number 77486 and MERSİS (Central Registry Record System) number 0463132778200001, and the natural or legal person (the "User") who visits, registers with, or carries out transactions through the website operating under the domain name www.hipopotamya.com, its associated subdomains and mobile interfaces (together, the "Platform"). The Agreement is formed upon the User's electronic acceptance of the Agreement during registration.
1.2. Up-to-date commercial information about the Company and its official communication channels are published on the Company and Legal Information page. In international payment collection processes, the Company's group company HIPOPOTAMYA BILISIM LTD (United Kingdom, company no. 16109700) may act solely as a collection intermediary; the party to this Agreement and to all sales made through the Platform is, in every case, Hipopotamya Bilişim Limited Şirketi.
ARTICLE 2 — DEFINITIONS
In this Agreement, the following terms shall have the meanings set out below:
- Platform: the website operating under the domain name www.hipopotamya.com, its associated subdomains (including stream.hipopotamya.com) and the mobile interfaces operated by the Company;
- Member: a User who has created an account on the Platform;
- Digital Product: e-pins, in-game currency, gift cards, digital codes, subscriptions and similar intangible goods and services that are performed instantly in an electronic environment;
- Wallet / Balance: the prepaid value credited to the Member's Platform account and usable for purchases within the Platform (see the Wallet and Balance Terms);
- Player Market: the section of the Platform in which Members offer digital game assets for sale to other Members in their own name and for their own account, and in which the Company provides intermediation services only;
- Streamer Support: the service through which the Company intermediates support payments sent by Users to content creators via the Platform;
- Intermediary Service Provider (AHS): the Company, in its capacity as an intermediary service provider under the Turkish E-Commerce Law No. 6563, providing an electronic commerce environment in which others carry out their economic and commercial activities;
- Applicable Legislation: the Turkish Code of Obligations No. 6098, the Turkish Commercial Code No. 6102, the Consumer Protection Law No. 6502, the Distance Contracts Regulation, Law No. 6563, Law No. 5651, the Turkish Personal Data Protection Law No. 6698 (KVKK) and its secondary legislation, and all other legislation in force.
ARTICLE 3 — SUBJECT MATTER AND SCOPE
3.1. The subject matter of this Agreement is to determine the conditions for benefiting from the services offered through the Platform and the rights and obligations of the parties.
3.2. By merely visiting the Platform, the User agrees to comply with the provisions of this Agreement relating to the use of the Platform; by becoming a Member, the User agrees to comply with this Agreement in its entirety, together with its annexes.
ARTICLE 4 — ANNEXES TO THE AGREEMENT AND ORDER OF PRECEDENCE
4.1. The following documents form integral annexes to this Agreement; to the extent the Member uses the relevant service, the Member is deemed to have also accepted the corresponding annex:
- Privacy Policy and KVKK Information Notice
- Explicit Consent Statement
- Cookie Policy
- Distance Sales Agreement and Preliminary Information Form
- Cancellation, Refund and Right of Withdrawal Policy
- Wallet and Balance Terms
- Player Market Terms and User-to-User Distance Sales Agreement
- Streamer Support Terms
- Hipocard Terms
4.2. In the event of any conflict between this Agreement and its annexes, the provisions of the annex that applies most specifically to the nature of the relevant transaction shall prevail. In consumer transactions, mandatory statutory provisions in favour of the consumer shall in every case remain reserved.
ARTICLE 5 — ROLES OF THE PLATFORM
5.1. The Company acts in different capacities in the services offered through the Platform, depending on the nature of the transaction:
- As seller: in sales of Digital Products listed on the Platform in the Company's own name (e-pins, in-game currency, gift cards, Hipocard and the like), the Company is the seller; such sales are governed by the Distance Sales Agreement.
- As intermediary service provider: in the Player Market, the sales contract is formed between the buying Member and the selling Member; in Streamer Support, the support relationship is formed between the supporter and the streamer. In these transactions the Company is an intermediary service provider under the Turkish E-Commerce Law No. 6563 and provides the electronic environment; to the extent permitted by the Applicable Legislation, the Company is not responsible for the accuracy of the seller's/streamer's representations concerning the relevant content and products.
- As hosting provider: with respect to listings, comments, messages and similar content created by Members, the Company is a hosting provider under Law No. 5651.
5.2. The capacity applicable to each transaction is indicated in the annex governing the relevant service and on the transaction screens.
ARTICLE 6 — MEMBERSHIP, ACCOUNT SECURITY AND VERIFICATION
6.1. Membership is established upon the complete and accurate completion of the registration form, acceptance of this Agreement and its mandatory annexes, and acceptance of the registration by the Company. The Company may reject a membership application where it suspects a breach of legislation or of its security policies.
6.2. Membership requires the applicant to have reached 18 years of age. Legal persons may become Members only through their authorised representatives. Any person who makes an untrue declaration as to age or authority is personally liable for all consequences arising from that declaration.
6.3. A verified mobile phone number is required for placing orders, loading balance and submitting applications. Depending on the nature and amount of the transaction, the Company may require identity verification (including confirmation of the Turkish ID number against official records), the submission of documents, or additional verification. The relevant transaction may be held pending until verification is completed.
6.4. The Member is responsible for the security of the account, username and password and for all transactions carried out through the account. The account and the Wallet may not be transferred to, rented to or shared with third parties. In the event of a dispute as to whom the rights and obligations of membership belong, the person who most recently made a payment to the Company through the relevant account and verified their identity shall be deemed the account holder.
6.5. The Member shall update any changes to their account information without delay; the Company cannot be held liable for consequences arising from information that is not up to date.
ARTICLE 7 — PROHIBITED USES AND CONDUCT
7.1. The following acts are strictly prohibited:
- using the Platform or its content for purposes contrary to law, morality or this Agreement;
- fraud, money laundering, financing of terrorism, or the use of payment instruments or balance obtained by unlawful means;
- the use of bots, automation or crawlers/scrapers; collecting or copying Platform data or using it in the training of any artificial intelligence or machine learning model; reverse engineering;
- attempts to circumvent security measures, unauthorised access to the system, or attacks aimed at disrupting the service;
- diverting Platform transactions to off-Platform payment channels; sham transactions aimed at avoiding commission;
- sharing content that is misleading, insulting or infringes the rights of third parties;
- opening a new account to take the place of a blocked account, or misusing multiple accounts.
7.2. In the event of prohibited use, the Company is entitled to halt the relevant transaction, remove the content, suspend the account and the Wallet, terminate the Agreement and claim compensation for its losses. Where a criminal offence is suspected, the competent authorities will be notified.
ARTICLE 8 — WALLET, PAYMENTS AND CHARGEBACKS
8.1. Purchases on the Platform are, as a rule, made with the Wallet balance. The loading and spending of balance, the distinction of the Withdrawable Balance and the withdrawal rules are governed by the Wallet and Balance Terms.
8.2. Payments are collected through the authorised payment and electronic money institutions with which the Company has agreements. Card details are not stored on the Company's systems; the payment pages are operated by the relevant institution.
8.3. Where a payment becomes the subject of a chargeback, cancellation or refund, the Company is entitled to set off the relevant amount and any resulting costs against the Member's balance; where the balance is insufficient, to place the account into a negative balance; to suspend withdrawal and spending transactions until the negative balance is cleared; and to request such documents as it deems necessary. Where unjustified chargeback claims are identified, the membership may be terminated and legal remedies may be pursued.
ARTICLE 9 — FRAUD PREVENTION AND SUSPICIOUS TRANSACTIONS
9.1. The Company applies automated and manual risk controls for the security of Users and of the system. In this context, in registration, login, payment and withdrawal transactions, security signals such as transaction frequency, device/network information and the use of anonymising tools (VPN/proxy) may be assessed; a transaction may be declined, held, or made subject to additional verification.
9.2. In the case of a suspicious transaction, the relevant amounts may be blocked for the duration of the review. Unless prevented by legislation or by the confidentiality of an investigation, the Company will inform the Member, to a reasonable extent, of the grounds for the restriction.
9.3. Records in respect of which unlawfulness is suspected are retained for the retention periods set out in the Applicable Legislation and are shared upon a duly made request of the competent authorities.
ARTICLE 10 — DIGITAL PRODUCTS AND THE EXCEPTION TO THE RIGHT OF WITHDRAWAL
10.1. The Digital Products offered on the Platform are services performed instantly in an electronic environment and intangible goods delivered to the consumer instantly. Pursuant to Article 15/1(ğ) of the Distance Contracts Regulation, the right of withdrawal cannot be exercised in respect of these products; the details and exceptions are set out in the Cancellation, Refund and Right of Withdrawal Policy.
10.2. The Member must check, before purchase, the terms of use, regional restrictions and validity conditions applicable to delivered codes on the relevant third-party platforms.
ARTICLE 11 — THIRD-PARTY GAME RULES AND TRADEMARKS
11.1. The games, in-game assets and trademarks referred to on the Platform are the property of the relevant game developers and publishers. Unless expressly stated on the product page, Hipopotamya has no partnership or agency relationship with such developers and publishers; brand names are used solely to identify the product.
11.2. The terms of use (EULA) of certain games may restrict or prohibit the transfer of accounts or in-game assets to third parties. The Member acknowledges that it is the Member's own responsibility to check that transactions carried out in the Player Market comply with the rules of the relevant game, and that the Company is not liable for sanctions that may be applied to the game account as a result of a breach of those rules (including bans, deletion and clawbacks).
11.3. The sale and promotion through the Platform of game bots, cheat software and tools that violate game rules are prohibited.
ARTICLE 12 — INTELLECTUAL PROPERTY AND USER CONTENT
12.1. The rights in the Platform's design, software and trademark and in all content produced by the Company belong to the Company; they may not be copied, reproduced, adapted or distributed without written permission.
12.2. The Member represents that they are the rights holder of, or hold the right to use, the content they upload to the Platform (listings, comments, images, messages) and grants the Company a royalty-free, non-exclusive licence to use such content for the operation, promotion and moderation of the Platform.
ARTICLE 13 — INFRINGEMENT NOTICES AND CONTENT REMOVAL
13.1. Claims of intellectual property infringement or unlawful content may be notified to [email protected], together with information and documents substantiating the claimant's rights and the subject matter of the alleged infringement.
13.2. The Company assesses duly submitted notices within the framework of Law No. 5651 and the Law on Intellectual and Artistic Works No. 5846, and removes from publication, or blocks access to, such content as it deems necessary.
ARTICLE 14 — PROTECTION OF PERSONAL DATA
14.1. Detailed information on the processing of personal data is provided in the Privacy Policy and KVKK Information Notice; the application procedure for data subjects is set out on the KVKK Application Form page.
ARTICLE 15 — LIMITATION OF LIABILITY
15.1. The Company exercises reasonable care to ensure that the Platform operates without interruption or error; however, subject to the mandatory provisions of the Applicable Legislation, the Company cannot be held liable for indirect damages arising from maintenance, updates, failures of infrastructure or communication providers, payment institution outages, or disruptions originating from third-party services.
15.2. The Company's liability towards Members who do not qualify as consumers is in every case limited to the amount of the relevant transaction.
ARTICLE 16 — INDEMNIFICATION
16.1. If the Company suffers a loss, or is required to make a payment to a third party or institution, as a result of the Member's breach of this Agreement, its annexes or the Applicable Legislation, the Member shall indemnify the Company for its direct losses in this respect upon first demand.
ARTICLE 17 — SUSPENSION AND TERMINATION
17.1. The Company may suspend the membership and the services in whole or in part, or terminate the Agreement, in the event of a breach of this Agreement or its annexes, where required by legislation, upon a decision of a competent authority, or where a security risk exists. Unless prevented by the confidentiality of an investigation or by legislation, the grounds for the suspension will be notified to the Member.
17.2. The Member may terminate the Agreement at any time by closing their account. Upon termination and account closure, transactions relating to the balance are subject to the Wallet and Balance Terms. Termination does not extinguish rights and obligations that have already accrued.
ARTICLE 18 — AMENDMENTS TO THE AGREEMENT
18.1. The Company may update this Agreement and its annexes. The current version is published on the Platform together with its version number and effective date; material changes are additionally announced to the Member's registered e-mail address. Continued use of the Platform after a change constitutes acceptance of the current version. Mandatory provisions prohibiting unilateral changes to the detriment of consumers remain reserved.
ARTICLE 19 — EVIDENTIARY AGREEMENT
19.1. The parties agree that, in any dispute that may arise from this Agreement, the Company's system and database records, server logs, transaction and IP records, and e-mail and support correspondence shall constitute conclusive evidence pursuant to Article 193 of the Turkish Code of Civil Procedure (Law No. 6100).
ARTICLE 20 — NOTICES
20.1. Notices to the Company shall be sent to [email protected] or to the KEP (registered electronic mail) address [email protected]; notices to the Member shall be sent to the e-mail address registered on the account. Notices sent to the registered e-mail address are deemed to have been received on the day following dispatch.
ARTICLE 21 — FORCE MAJEURE
21.1. In circumstances beyond the parties' control that render performance impossible — such as natural disasters, war, terrorism, epidemics, large-scale infrastructure, energy or communication outages, cyber attacks, changes in legislation and decisions of official authorities — the performance obligations shall be suspended until such circumstance ceases to exist; neither party may claim compensation from the other on this account.
ARTICLE 22 — GENERAL PROVISIONS
22.1. The invalidity of any provision of the Agreement shall not affect the validity of the remaining provisions. The Company's failure to exercise a right shall not constitute a waiver of that right. The Member may not assign their rights and obligations under the Agreement without the Company's written consent.
ARTICLE 23 — GOVERNING LAW AND JURISDICTION
23.1. This Agreement is governed by Turkish law. The Courts and Enforcement Offices of Gaziantep have jurisdiction over disputes. In consumer transactions, the consumer's right to apply to the Consumer Arbitration Committees (within the applicable monetary limits) and to the Consumer Courts of the consumer's place of residence or of the place where the transaction was carried out remains reserved.
ARTICLE 24 — ENTRY INTO FORCE
24.1. This Agreement enters into force upon its electronic acceptance by the Member. The current version and effective date of the Agreement are shown in the document information table at the top of this page.