TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
The following terms of service (“TOS”) apply to your use of Hurdle. Please read these TOS carefully. By using Hurdle you agree that you have read, understood and agree to these TOS. If you do not agree to these TOS you must not use Hurdle.
These TOS may be amended by Hurdle at its discretion from time to time without prior notice. The latest version will always be available from https://hurdle.live/TOS, and will be effective immediately from the time of publishing. By continuing to use Hurdle you agree to be bound by the terms of these updates and amendments. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using Hurdle.
These TOS set out the entire agreement between You and Hurdle with respect to your use of Hurdle, and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.
2. LEGAL ENTITY
Hurdle is operated by Hurdle Group Limited (“Hurdle”). Hurdle a company registered in England and Wales.
Company Registration Number: 12802384
Registered address: 71-75 Shelton Street, London, Greater London, WC2H 9JQ
Should you have any questions about these TOS or wish to contact Hurdle for any reason, please email:
3. DESCRIPTION OF SERVICE
The “Service” includes (a) the Site, (b) the tools and services provided through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the “Content”), and (d) “any end point or installed software that connects to, utilizes or facilitates the service”.Any new features added to or augmenting the Service are also subject to this TOS.
4. USE OF HURDLE
Subject to the terms and conditions of this TOS, You may access and use Hurdle for internal or external business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make Hurdle available to any third party, other than as expressly permitted by this TOS; or (b) use Hurdle in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of Hurdle and its components for other users.
You are permitted to process third party data through Hurdle, provided this data is processed legally, and it is made clear to the third party that Hurdle has been instructed to process this data for the purposes of fulfilling the contract.
Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to Hurdle and its components will remain with and belong exclusively to Hurdle. You shall not modify, adapt or hack Hurdle to falsely imply any sponsorship or association with Hurdle, or otherwise attempt to gain unauthorised access to Hurdle or its related systems or networks.
You are responsible for all information, data, text, messages or other materials that You transmit via Hurdle. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many users as your plan allows.
The failure of Hurdle to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Hurdle, even though it is electronic and is not physically signed by You and Hurdle, and it governs your use of Hurdle and takes the place of any prior agreements between You and Hurdle.
If you are subject to any other, bespoke, contracts or licences with Hurdle, any divergences in these contracts / licences take precedence over these TOS.
5. PAYMENTS AND REFUNDS
You will be billed in accordance with the licence payment model you undertake, payment will be taken in advance of receiving the service. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
For any upgrades required please make the request via email to email@example.com . Following receipt of an upgrade request a written proposal will be sent to you outlining further costs. Following acceptance of the terms an invoice will be issued ahead of the upgrade to the service being applied to you use of hurdle.
Prices of all Services, including but not limited to yearly fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time. In addition, special pricing may apply for customers with an exceptionally high number of end-users or an unusually high monthly usage of the Service.
Contact Hurdle to change billing information (e.g. upon renewal) or to terminate your subscription.
Hurdle accepts payment via bank transfer and does not store your payment details directly (Please see our Privacy Notice for more information).
6. CANCELLATION AND TERMINATION
You are responsible for properly cancelling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time. if You cancel Hurdle before the end of your current paid up year, your cancellation will take effect immediately before the next paid term and you will not be charged again.
Hurdle reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if Hurdle believes that You have violated these TOS. Hurdle will use best efforts to publish on the Site or notify You about any planned downtime and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Hurdle, may be referred to appropriate law enforcement authorities. Hurdle shall not be liable to You or any third party for any modification, suspension, or discontinuation of the Service.
7. INTELLECTUAL PROPERTY RIGHTS
Hurdle Group owns (or is licensed to use) all intellectual property rights in Hurdle. Such intellectual property rights will include, but not be limited to, all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights together with the website design, text and graphics and their selection and arrangement, and all other present and future rights in the nature of intellectual property rights.
You are permitted to use Hurdle, and to use approved Hurdle branding, for promotional purposes, to identify yourself as a Hurdle customer.
This branding must not be modified, redistributed, or used for any other purpose without Hurdle’s express written permission, and You must not claim ownership of the marks by incorporating them into your names and offerings.
If you use any of Hurdle’s branding in breach of these terms, your right to use Hurdle will immediately cease (see Section 6) and you must, at Hurdle’s option, return or destroy any copies of the materials you have made.
Data Controller: To use Hurdle, you must create an account with us. When You create an account, and subsequently manage your account, you will provide us with certain personal information about You and other people in your organisation that may also use Hurdle.
While You use Hurdle, we may also collect certain technical and usage data. This enables us to continually optimise and improve Hurdle. It will be aggregated and anonymised.
In these instances, we are the Data Controller, and will use your personal information only for purposes with a lawful basis, as identified in our Privacy Notice.
You warrant that all information provided by you is accurate.
Data Processor: We also process certain personal information, on your behalf, in the course of providing Hurdle. This will include information about your students, who could be from a third party, or information entered onto the Virtual Machines.
In these instances, we are the Data Processor, and will only process this information in accordance with your written instructions. We will treat this information with the same care and secure approach as if we were the Data Controller. We will take and maintain appropriate technical and organisational measures to protect against unauthorised or unlawful processing of this information, and against accidental loss or destruction of, or damage to, this information.
You warrant that any personal information that you instruct us to process has been gathered in a lawful manner, and the owners of the information have been made aware of their rights, and how the information will be used.
Hurdle, including the site and content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, to the fullest extent permitted by law. Hurdle expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Hurdle does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from Hurdle or through the service shall create any warranty not expressly stated in this TOS.
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Hurdle be liable to You or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including:
- loss of profits,
- loss of goodwill,
- loss of sales or business,
- loss of or corrupted data,
- business interruption,
- loss of contracts,
- loss of revenue, or
- loss of anticipated savings.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement. The provisions of this section allocate the risks under this TOS between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.
Some countries 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 to You. In these countries, Hurdle’s liability will be limited to the greatest extent permitted by law.
Nothing in these terms shall exclude or limit Hurdle’s liability in respect of death or personal injury caused by negligence or fraud (including fraudulent misrepresentation) or any other liability which cannot be limited or excluded under applicable law.
If any of these terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms shall remain in full force and effect.
Only You and Hurdle shall be entitled to enforce these terms. No third party shall be entitled to enforce any of these terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11. Governing Law
These terms are governed by the law of England and Wales. In the event of any matter or dispute arising out of or in connection with these terms, you and Hurdle shall submit to the exclusive jurisdiction of the courts of England and Wales.