Terms and Conditions

TERMS & CONDITIONS

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service without the written parental consent.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

DEFINITIONS AND INTERPRETATION

In addition to capitalized terms defined elsewhere in this Agreement, the following terms have the following meanings:

“Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Ermakpar Dış Ticaret ve Turizm Yatırımları Ltd Şti, Mesnevi Cad 25/2 Çankaya Ankara.

“ErEducation” refers to the Er Group representatives that directly or indirectly Controls, is Controlled by, or is under common Control with the aforementioned group; who, with respect to these Terms and Conditions, the individual Authorization Document, any duly signed Contract or Agreement or non-signed but by law binding written communication with mutual assent of both parties, provides a specific service to any person or entity;

“Application” means the software program provided by the Company downloaded by You on any electronic device,

“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

“Country” refers to: Turkey

“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.

“Service” refers to the Application or the Website or both.

“Terms and Conditions (also referred as "Terms")” mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

“Website” refers to ErGroup, accessible from https://www.ergroup-ltd.com/

“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

“Client” means individual or statutory person(s) who wish to obtain services or goods from ErEducation in full or in part, within a signed agreement, or any other non-signed but binding agreement form including but not limited to QR-coded, electronically-tracked and other current or future forms of lawfully binding agreements;

“Referred Client” means a Prospect (as defined herein) that Partner refers to any customer under an Agreement and which enters into an agreement with EREducation for the provision of services it provides;

“Applicable Law” means all laws, regulations, directives, statutes, subordinate legislation, common law and civil codes of any jurisdiction, all judgments, orders, notices, instructions, decisions and awards of any court or competent authority or tribunal, all codes of practice having force of law, statutory guidance, regulatory policy or guidance and all rules and procedures of credit card networks or other payment networks, in each case as applicable to the activities, services or obligations performed by a Party pursuant to this Agreement;

“Confidential Information” means the terms of personal information including but not limited to the age, sex, location, address and other personal communication details, passport number, photo, any graduation document, any data provided to the ErEducation representatives with the understanding that it will not be shared with any third parties unless expressly and in written format agreed by the client, financial data and budgetary or proprietary business or personal information, income or sales data or projections, customer lists, business operations, policies, procedures and techniques, advertising summary or tracking reports or other reports generated in accordance with this Agreement, schematics, ideas, techniques, know how, concepts, development tools and processes, computer printouts, computer programs, design drawings and manuals, and improvements, patents, copyrights, trade secrets or other intellectual property of any kind or nature, plans for future development and new product concepts, contemplated products, research, development, strategies, and any information which, from the relevant circumstances, should reasonably be assumed to be confidential and proprietary;

“ErGroup Marks” means the logos, trademarks, and service marks;

“Educational Consultancy” means the services as set out in Part 2 of this Terms and Conditions.

“Dispute” means any dispute, disagreement or claim arising out of or in connection with this Agreement, its subject matter or formation (including non-contractual disputes and claims);

“Force Majeure Event” means any cause affecting the performance by a party of any of its obligations under any signed or otherwise binding Agreement which is beyond its reasonable control and which, by its nature, could not have been foreseen or, if foreseeable, was unavoidable;

“Intellectual Property Rights” means any of the following rights existing in any part of the world: all patents, utility models, rights to inventions, copyright and neighboring and related rights, rights in designs, trade and service marks, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, trade secrets, domain name registrations, database rights and rights in confidential information and all other intellectual property rights, in each case whether registered or unregistered; applications to register any of those rights; rights to apply for and be granted renewals or extensions of, and rights to claim priority from, any of those rights; and any similar or equivalent rights;

“Regulatory Authority” means any federal, national, state, provincial, local or foreign agency having jurisdiction over any of the signatory or otherwise bound parties;

2. Educational Consultancy for Universities/School Represented by ErEducation aka a “Referred Client”

First consultation (in person, electronically or any other mutually agreed upon manner) – Free, spoken (Up to a half-hour), aimed at understanding the needs and appropriate capacities of the potential client followed by ErEducation sending an agreement to be signed by the Client, detailing the services to be provided by ErEducation

If the client chooses the study at an institution represented by ErEducation, the full tuition fee will paid into the relevant currency ErEducation accounts as set out in Section X of the agreement, which will NOT include a commission for services rendered

Delivery – ErEducation provides the services set out in the agreement

Further Services – ErEducation may agree to provide additional services such as arranging accommodation, work and study options, visa and flight services, upon the request of the client, which will be billed separately on a separate agreement

3. Educational Consultancy for all other educational institutions aka a “Client”

First consultation (in person, electronically or any other mutually agreed upon manner) – Free, spoken (Up to a half-hour), aimed at understanding the needs and appropriate capacities of the potential client, followed by ErEducation sending an agreement to be signed by the Client, detailing the services to be provided by ErEducation

Payment for Search Phase – If the client decides to obtain ErEducation services, (at least) 25 % of the projected payment to be paid into the relevant currency ErEducation accounts as set out in Section X of the agreement, which will include a commission for services rendered

Second Consultation – Following the information gathering phase by ErEducation within the agreed upon timeframe, a written report to be e-mailed to the client and a 30-minute phone or video consultation to answer any questions

Payment For the Service – If the client decides to go forward with the offer, the remainder of the agreed upon fee to be paid into the relevant currency ErEducation accounts

Delivery – ErEducation provides the services set out in the agreement

4. Short-term Educational Trainings and Programs

ErEducation, acting singly or as part of a larger group of organizers, offers short-term educational trainings and programs (1-week to 3-week Summer and Winter Schools, Internships, Training Weeks, Seminars, Workshops and similar. Such programs are offered as events on an as-is basis.

5. The Right To Privacy

In full compliance with GDPR, any client’s information will only remain on ErEducation files as long as absolutely necessary to realize our contractual obligations to the client, and will remove the client or referred client from any lists or mailing groups unless the client or referred client requests to remain on such lists and mailing groups.

6. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

7. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

8. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

9. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

10. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

11. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

12. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

13. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

16. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

17. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

18. Bank Account Details:

Receiver: Ermakpar Dış Ticaret ve Turizm Yatırımları Ltd Şti

Name and Address of the Bank: GARANTI BANKASI TUNALI HILMI SUBESI

Address : BARBAROS MH IRAN CD NO 17/C KAVAKLIDERE ÇANKAYA ANKARA TURKIYE

SWIFT Code of the Bank: TGBATRIS

IBAN CODES

EURO TR38 0006 2001 3610 0009 0859 15

USD TR02 0006 2001 3610 0009 0932 56

TL TR39 0006 2001 3610 0006 2947 22

If you have any questions about these Terms and Conditions, You can contact us:

By email: education@ergroup-ltd.com

By visiting this page on our website: http://www.ergroup-ltd.com

By phone number: 00905314862976

By mail: Mesnevi Sokak No 25/2 Çankaya Ankara Turkiye

Consent & release form