Last Updated: September 17, 2024

Provider terms

Definitions

1. Account

A single user access account established with Hurak entitles you, the Provider to offer for purchase Customers Courses on hurak.com.

2. Commission

The agreed portion of the Fees will be retained by Hurak as payment for the services provided to the Provider under these Conditions.

3. Conditions

The terms of use are set out in this document.

4. Correspondence address

Hurak Limited, Docklands Business Centre, 10 Tiller Rd, London E14 8PX, United Kingdom

5. Provider

It is you, the organisation responsible for the delivery and development of the Course, its Materials and any other service that you may be offering on our platform.

6. Provider Terms

The standard terms of use issued by the Course Provider to the Customer for the provision of the Course.

7. Service

A product or a service offered for purchase on hurak.com by the Provider and which can be purchased directly from the Provider by the Customer.

8. Customer

The individual purchasing a service from the Provider through hurak.com.

9. Fees

The fee is payable by the Customer for the service.

10. Materials

All material supplied and developed by the Provider which may include online learning material and any other documentation however delivered.

11. Order Confirmation

Hurak’s acknowledgement by e-mail to a Customer of a Customer’s offer to purchase a service from the Provider.

12. Hurak

Hurak Limited (Company No. 14191286), is a company incorporated in England and Wales whose registered address is at 10 Tiller Rd, London E14 8PX, United Kingdom.

13. Registration

The Customer’s registration for the service.

14. Website

The website is located at hurak.com.

The following rules apply in interpreting the content of these terms of use:

• References to “we”, “us” and “our” are references to Hurak.
  
  
• References to “you”, and “your” are references to you the Provider.

1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
   
   
2. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
   
   
3. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.
   
   
4. A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
   
   
5. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
   
   
6. A reference to writing or written includes fax and e-mail.
   
   
7. A reference in these Conditions to any other agreement or document referred to in this agreement is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.
   
   
8. Any words following the terms including include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

USE OF HURAK.COM

1. hurak.com is an online platform created by Hurak to enable:


• Providers to advertise and offer their Services to Customers.


• Customers purchase Services directly from the Providers.


• Customers to make bookings and pay for the Services through hurak.com. The customer will enter into a  contract directly with the Provider under the provisions of the Provider Terms which the Provider must provide to Hurak. Hurak will make these terms available to the Customer prior to the Customer booking a Service. Hurak does not act as an agent for any Provider, nor does it provide any Service or any part thereof to Customers.


2. Hurak offers access to hurak.com subject to the Provider’s acceptance of these Conditions, Hurak’s Website Terms, Privacy Policy and any other rules and procedures which may be published on the Website (together referred to as the “Terms”). By advertising Services on Hurak, the Provider agrees to be bound by the Terms. Should the Provider not agree to these Terms, it may not use hurak.com. 


3. Hurak reserves the right, at its own discretion, to amend these Terms at any time. Any amendments to the Terms will be published on the Website. The Provider is responsible for checking the Terms periodically and continued use of Hurak following any amendments to the Terms will constitute acceptance of such amendments. If the Provider does not agree to any amendments to the Terms, it has to cease using the Hurak.


4. The Provider acknowledges and agrees that:


• It is utilizing hurak.com as an online platform to offer Courses to Customers and for completing the booking and payment of such Courses when purchased by the Customer.


• Hurak will not have any liability for any Material or any content of any Course supplied by the Course Provider, for the failure of the Course Provider to supply the Course or Material for any reason including but not limited to the Course Provider’s insolvency or for the Customer’s health and safety when attending a lecture or participating in any activity provided by the Course Provider.


• It has satisfied itself as to the identity of any Customers purchasing its Services.


• Hurak will only act as the Course Provider’s booking and payment agent and the contractual arrangement for the provision of the Course will be directly between the Course Provider and the Customer.


• It is solely responsible for the performance and quality of the Courses and Materials provided.


• Hurak may, from time to time and in its sole discretion, offer the Course Provider's Courses at a discounted rate (by offering discount codes to Customers) on hurak.com for promotional purposes. In the event that Hurak offers the Course Provider's Courses at a discounted rate, Hurak will absorb the discount offered by reducing its Commission (and not subtracting it from the agreed payments to the Course Provider).
  

CONTRACTUAL RELATIONSHIP WITH CUSTOMERS

1. Course Providers will contract with Customers on the terms set out in the Course Provider Terms.


2. The Course Provider is responsible for preparing the Course Provider Terms and providing these to Hurak prior to using Hurak.com.


3. The Course Provider warrants that the Course Provider Terms will comply with all applicable laws and regulations and that they will be kept up to date to reflect any changes in the law. It is the Course Provider’s responsibility to ensure that Hurak is always in possession of the latest updated version of the Course Provider Terms to issue to Customers


4. Hurak will issue the Order Acknowledgment and confirm the Customer’s Registration as acceptance of an offer to purchase the Course upon receipt of the Customer’s credit or debit card authorisation. Hurak is free to accept or decline a Customer’s offer at its sole discretion. At the same time, Hurak will also inform the Course Provider of the Customer’s successful purchase of the Course together with the Customer’s details. The Course provider agrees to unconditionally accept, honour and fulfil all bookings made through Hurak.com.
   

COURSE CONTENT

1. The Course Provider agrees to provide complete, true and accurate information about itself when advertising Courses on Hurak.com and to keep such information updated and accurate.


2. The Course Provider agrees not to submit for inclusion in any posting on Hurak.com or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect Hurak or Hurak’s reputation.


3. Hurak reserves the right to close any Account immediately without liability if, in its opinion, any of the following has occurred:


• The Provider has not provided full or accurate company information.


• Hurak considers the Provider is acting inappropriately or illegally.


• The Provider has breached clauses 4.13, 4.14 or 4.15.


• The Provider’s conduct or service generates an unacceptable level of queries and/or complaints.


4. The Course Provider agrees to use the Website and Course Store in good faith, i.e. to post genuine Courses of appropriate quality that provide both adequate and accurate Course details. The Course Provider also agrees that any misuse of the Course Store or the Website or these Conditions can result in the Course Provider’s access to the Course Store being removed and its Account terminated. A list of best-practice guidelines can be found here.


5. All intellectual property rights connected with Hurak and/or the Website shall remain vested in Hurak or any third party from whom such rights are licensed. The Provider shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploits any material which is subject to such intellectual property rights.


6. Hurak cannot guarantee that (i) the Website will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Website will generate any sale of Services. To avoid any doubt, using the Website does not guarantee the sale of any Services.


7. The Provider is responsible for the Service and the content of any Material and will indemnify Hurak against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.


8. All dealings between the Customer and the Provider after the sale of the Course on the Website are the responsibility of the Provider and Hurak accepts no liability therewith. The Provider will indemnify Hurak against any Losses in connection therewith.


9. The Provider will comply with all applicable laws, including without limitation the current data protection legislation and the Consumer Rights Act 2015. By submitting a Service for listing on the Website, the Provider thereby confirms that the content of the posting, the Provider Terms and the Service complies with all applicable laws. For the sake of clarity and the avoidance of doubt, the Provider acknowledges that it is acting as a data controller for the purpose of current data protection legislation in connection with any personal data it obtains in the provision of the Services by Hurak. It is the Provider’s responsibility to comply with its obligations as a data controller and to satisfy itself of the legal grounds for processing any personal data.


10. The Provider grants Hurak a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce adapt, modify, distribute, translate, publish, display and otherwise exploit any content the Provider makes available to publish or display on the Website in order for Hurak to provide the services. The Provider represents and warrants that it has the rights, power and authority necessary to grant the aforementioned license and that the Provider Content does not infringe the rights of any third party and complies with all applicable laws.


11. The Provider acknowledges that Hurak does not check or verify any Provider Content, Courses or Material, but that Hurak will have the right to monitor, edit or remove any Provider Content in whole or in part. The Provider agrees that Hurak may disclose the Provider Content for any reason should Hurak deem it to be necessary in its sole discretion.


12. Hurak reserves the right at any time to suspend, modify or discontinue the Website (or any part of the Website) temporarily or permanently for any reason without notice. The Provider agrees that Hurak will not be liable for any loss caused should Hurak suspend, modify or discontinue the Website.


13. The Provider may not use the Hurak name or Hurak brand or refer to Hurak in any of its listings to make any claims in relation to its Services listed on the Website (e.g. “Hurak’s top-selling Course”) unless authorised in writing to do so.


14. The Provider may not encourage or incentivise (whether in a listing posted or otherwise) users of the Website to obtain or purchase any of the Services listed on the Website from alternative sources.


15. The Client may not include its contact details or website details in the Standard listings to appear on the Website.
    

PRICING AND PAYMENT

1. The price of the Provider's course on hurak.com must be the same as or lower than the price offered on the Provider's own website or any other platform.
   


2. For bookings that a Provider receives through hurak.com, Hurak will collect the Fees from the Customer. Upon receiving the payment, we will deduct a 3% transaction fee and the remaining amount will be divided between the Provider and Hurak based on a revenue-sharing model. Hurak will retain the agreed Commission plus applicable taxes and pay the remainder of the Fees to the Provider. Payment to the Provider will be made on the 28th of the next month. 
   


3. Hurak reserves the right to keep a portion or all of the funds payable to the Provider to make payment to customers for issues such as refunds or any other reductions that result from customer complaints about the Provider.


4. Refunds: The Provider Terms must clearly set out its cancellation and refunds policy which must always comply with applicable legislation. If the Provider needs to cancel or reschedule a Course, it is the Provider’s responsibility to discuss this directly with the Customer and arrange for a refund to be paid if required. Any communication or dispute concerning refunds of the Fees must take place between the Customer and the Provider directly.


5. Hurak shall not under any circumstances be responsible or liable for any refunds concerning Fees paid including but not limited to errors in issuing refunds or for lack of funds by the Course Provider to refund Fees. The Course Provider may authorize Hurak to pay the refund to the Customer if the Fee has not been paid to the Course Provider at the time when the refund application is made. The Course provider acknowledges that Hurak will have the right to refund any Fees to a Customer where Hurak in its sole discretion determines that: (i) the Course Provider has breached any laws including but not limited to the Consumer Rights Act 2015; (ii) the Course Provider has acted in a fraudulent manner, and (iii) the Course Provider has not refunded any Fees to a Customer where it was contractually liable to do so. The Course Provider shall be liable for any refunds made by Hurak under this clause.


6. Hurak may offset any amount owed to it by the Course Provider under these Conditions or otherwise against any amounts payable to the Course Provider under these Conditions.
   
   
7. The Provider is responsible for issuing invoices to Customers upon request. If the Provider is VAT-registered, the invoice must comply with VAT regulations. If the Provider is not VAT-registered, a non-VAT invoice must be issued.
   
   
8. Providers must issue invoices for the gross sale, i.e the full order value paid by the Customer. Hurak’s transaction fee and commission fee must not be reflected in the invoice issued to the Customer. 

STAKEHOLDER RELATIONSHIPS

1. Hurak facilitates the listing and sale of Services on hurak.com and handles the processing of Fees paid by Customers. Hurak is not the seller of the Services but acts as an intermediary.
   
   
2. The Provider is responsible for delivering the Service and fulfilling any obligations to the Customer.
   
   
3. The Customer is the individual who purchases a Service from the Provider through hurak.com.
   

LIABILITY

1. The Provider agrees to take responsibility for and indemnify Hurak against any Losses that Hurak may incur because of, any claims by any Customer or third party about the Course, the Material or the Provider Content, including but not limited to:


• Allegations that the Course, Provider Content and/or the Material infringe any third-party rights;


• Claims that the Courses are not suitable or fit for their intended purpose;


• Claims resulting from accreditation of Courses being withdrawn or changed;


• Claims that the Courses or Material are non-conforming to their descriptions;


• Claims that the Provider is in breach of the Provider Terms


• Claims that the Provider refuses to provide refunds to Customers.


2. Hurak's liability under these conditions shall not exceed the sum equal to the Commission paid to Hurak in the 12-month period prior to the claim (or part thereof if the contract has been entered into within the last 12 months) and in no circumstances shall Hurak be liable (1) for any losses, damages, costs and/or expenses arising from events outside Hurak's reasonable control, (2) for any consequential, economic, indirect or special loss howsoever arising, and/or (3) for any loss of profits, revenue, business, opportunity, goodwill, interest or savings (whether direct or indirect) provided nothing in this clause shall be construed so as to exclude or limit a party's liability for death or personal injury caused by negligence or any other liability which by law cannot be excluded or limited.
   

FORCE MAJEURE

• 1 Neither party will be held accountable for any delay or failure to perform their obligations under these Conditions due to fires, floods, acts of God, strikes, riots or any other cause beyond its reasonable control (“force majeure”) as long as the affected party promptly informs the other.
  

SUSPENSION OF SERVICE AND TERMINATION

1. Hurak reserves the right to suspend or terminate the Provider’s right to use the Website if:


• The Provider violates any of the terms of these Conditions,


• Hurak receives information and has reason to believe that the Provider has breached any licence rights or any third-party terms in connection with the Course, Material or the Provider Content.


• The Provider acts in a way that threatens, intimidates or otherwise makes threats to Hurak staff.


2. Hurak, in its sole discretion, may terminate a Provider Account and remove their Provider Content from the Website at any time and for any reason without prior notice. The Provider agrees that Hurak will not be liable to the Provider or any third party for termination of their Account.
   

NOTICES

• Notices to Hurak shall be sent by email to [email protected] and notices to the Client shall be sent by email to the address supplied on set up of the Client’s account./span>

WAIVER

• No waiver by either party of any provision of these Conditions shall be binding unless expressly confirmed in writing.

GOVERNING LAW AND JURISDICTION

•  These terms shall be governed by and interpreted by the laws of England and Wales, and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.