TERMS OF USE
This Terms of Use were last revised on 2nd September, 2020.
THESE TERMS OF USE ("TERMS") ARE A LEGAL AGREEMENT BETWEEN USERS ("YOU” OR "YOUR”) AND CHERRY EDU LTD (also referred to as “we”, “us” or “our”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this Website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the Website.
These terms and conditions contained herein including any legal notices and disclaimers constitutes the entire and only agreement between Cherry Edu LTD and its Website users (also referred to as “you”) and supersedes any and all prior or contemporaneous agreements, representations, warranties and all understandings with respect to the use of this Website.
Your access to and use of this Website, as well as all related Websites operated by Cherry Edu LTD (which includes https://www.cherrycourses.com/ among others) (collectively the “Website”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use.
Privacy Policy
We urge you to read our privacy policy regarding our user data collection, it will help you better understand our practices. Please click on the link to our privacy policy.
Payment Policy
We accept payment through PayPal and Credit card only. Cherry Edu LTD gives users a 7-day All-Access Pass for $1 after which a user is billed $250 monthly, however, users can cancel the subscription any time. We do not charge the user’s account after cancellation. To avoid being charged, cancel the subscription at least 24 hours before the end of the trial or then-current subscription period. Since Cherry Edu LTD offers sensitive content, nothing sexual appears in the customer’s payment history. When a customer makes a purchase from Cherry Edu LTD via Stripe or PayPal, the credit card or bank statement shows PROGRESS SCHOOL or Cherry Edu LTD. User represents and warrants that:
- Payment information supplied is true, correct and complete.
- Charges incurred by the User will be honoured by User’s financial institution.
- User shall pay charges incurred by the User at the amounts in effect at the time incurred, including all applicable taxes.
- User shall be responsible for all charges incurred through the use of User’s password.
- User agrees to keep his or her sensitive user information such as password confidential and to notify us within 24 hours of any breach of this Agreement or unauthorized use of the password. We do not protect User from unauthorized use of User’s password.
Terms
You agree that the Website, as well as all content, videos, training materials, products, services and/or other materials, made available on the Website by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Website and are the property of Cherry Edu LTD and/or its third party providers. You agree that such Content shall include all proprietary videos, HTML/CSS, JavaScript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Website, excluding only the materials you provide.
The Website also reserves the right to limit your use of the Website and/or the content or to terminate your account should we determine that you have violated these terms of use, or that you have violated any other rules or conditions of the Website. We reserve the right to refuse access to the Website and/or the Website’s Content, products and/or services to anyone in its sole discretion. The Website reserves the right to determine, in its sole discretion, whether we are responsible for any such malfunction or disruption. The Website may, in its sole discretion, refund the initial fee charged for any use of the Website and/or any content or a pro-rata portion thereof consistent with The Website’s refund policy. The Website’s refund policy applies that you have a period of 7 calendar days from the date of the first registration to ask for a refund if you find out that Cherry Edu LTD is not for you.Â
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Intellectual Property Rights
All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Website, are copyrighted unless otherwise noted and are the property of Cherry Edu LTD and/or its suppliers. No such materials may be used except as provided in these Terms of Use.
All trade names, trademarks, and images and biographical information of people used in the Website Content and contained in the Website, including without limitation the name and trademark of Cherry Edu LTD, are either the property of, or used with permission by us. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use.
Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Website and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Website shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Cherry Edu LTD or third-party owner.
We respect the copyright, trademark and all other intellectual property rights of others. The Website has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Website or in any Content in any way, you may send a notification by sending us an email, be sure that Intellectual Property is in the subject line. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
Cherry Edu LTD and/or its licensors own all rights to the intellectual property including copyrights, trademarks, patents and material contained in this Website, and all such rights are reserved.
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Terms and Conditions for Video and Supplementary Material Collaboration
This website facilitates collaboration between Sexfulness LTD and Cherry Edu LTD for the creation of educational content. Sexfulness LTD creating videos retains the ownership of the video content they create. Cherry Edu LTD providing supplementary materials retains the ownership of the quizzes, guides, and downloadable resources they offer.
The video courses, quizzes, guides, and downloadable materials provided on the website are for educational purposes only. Users are not allowed to reproduce, distribute, or modify the materials without prior written consent from the respective company.
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License and Access
Subject to your compliance with these Terms of Use, the Website hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Website solely for your personal purposes. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by Cherry Edu LTD. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Cherry Edu LTD, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Website or any Content, including any and all Website, tools, graphics and/or sound files, for public or commercial purposes without our express written permission.
Communications
When you register with Cherry Edu LTD and/or this Website, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from us. You consent to receive notices electronically by way of transmitting the notice to you by email.
The entire communication with us is electronic. You hereby consent to receive communications from us. If you subscribe to our Website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our Website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
If you send comments or suggestions about the Website to Cherry Edu LTD, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Cherry. No submission shall be subject to any obligation of confidence on the part of Cherry. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Links to Third Party Website
These links will let you leave Cherry Edu LTD Website. The linked Websites are not under our control and we are not responsible for the contents of any linked Website or any link contained in any linked Website, or any changes or update to such Websites. We are not responsible for any webcasting or any other form of transmission received from such linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cherry Edu LTD of the Website.
Cherry Edu LTD SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. CHERY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE WEBSITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD WE DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE WEBSITE. CHERRY RESERVES THE RIGHT TO REFUSE ACCESS TO THE WEBSITE AND/OR ITS CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. CHERRY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER IT IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. CHERRY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY’S REFUND POLICY APPLIES THAT YOU HAVE A PERIOD OF 7 DAYS FROM THE DAYS OF THE FIRST REGISTRATION TO ASK FOR A REFUND IF YOU FIND OUT THAT CHERRY IS NOT FOR YOU.Â
Disclaimer
THE SERVICE AND CONTENT ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). CHERRY EDU LTD AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY PHYSICAL, BODILY DAMAGE AND/OR ANY INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF RELATIONSHIP, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND USER.
Limitation of Liability
IN NO EVENT SHALLÂ CHERRY EDU LTD Â BE LIABLE FOR ANY PHYSICAL, BODILY DAMAGE AND/OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE WEBSITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE WEBSITE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER CHERRY EDU LTD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.
LIKEWISE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE WEBSITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. CHERRY EDU LTD DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS WEBSITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.
CHERRY EDU LTD SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.Â
No Warranties  Â
While we employ reasonable efforts to include accurate and up-to-date information on the Website, we make no warranties or representations as to its accuracy. CHERRY EDU LTD assumes no liability or responsibility for any errors or omissions in the content of the Site.Â
The use of this Website is at User’s sole risk. Neither Cherry Edu LTD, its affiliates nor any of their respective employees, agents, third party content providers or licensor warrants that the Website will be uninterrupted or error free, nor do they make any warranty as to the result that may be obtained from the use of this Website, or as to the accuracy, reliability or content of any information or service provided through this Website.
Indemnification
Users agrees to defend, indemnify and hold harmless Cherry Edu LTD, its affiliates and their respective directors, officers and employees and agents from and against all claims and expenses, including attorney’s fees arising out of the use of the Website by User or User’s Account.
Variation of Terms
We may revise these Terms and Conditions at any time as we deem fit, and by using this Website you are expected to review such Terms and Conditions on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
Assignment
Cherry Edu LTD shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.
Severability
If any provision of this Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
No Waiver
The failure by us to insist upon the performance of any of the terms and conditions herein shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
Misrepresentation
- Cherry Edu LTD shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Website. Use of the Website is completely at your own risk.
- We will not intentionally disclose any personally identifying information about you to third parties, except where Cherry, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Website, you signify your acceptance of the Website’s Privacy Policy, https://www.cherrycourses.com/privacy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Website.
- You agree to indemnify and hold Cherry and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Website, (iv) your use of the Website or any services that Cherry may provide via the Website, and (v) your conduct in connection with the Website or the services or with other users of the Website or the services. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Cherry with such cooperation as is reasonably requested by the Company.
- The provisions of these Terms of Use are for the benefit of Cherry, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Paragraphing Headings
The titles to the paragraphs herein are solely for convenience and shall not be used to explain, modify, simplify, or aid in interpretation of the provisions of this terms and conditions.
Disputes
Any dispute related in any way to your visit to this Website or to products you purchase from us shall be arbitrated by state or federal court in the United Kingdom and you consent to exclusive jurisdiction and venue of such courts.
Applicable Law
By visiting this Website, you agree that the laws of the United Kingdom, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Cherry Edu LTD and you, or its business partners and associates.
Agreement
By using the Website, you accept the policies and restrictions set forth in this Term of Use. If you do not agree to this policy, please do not use the Website. This Term of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Any rights not expressly granted herein are reserved.
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CONTACT DETAILS, COMPLAINTS, AND QUESTIONS
If you have any questions regarding our Terms of Use you can contact us through our contact form.
Cherry Edu LTD
5 Beeston Drive
Waltham Cross, Hertfordshire
EN8 0QS
SEXFULNESS LTD
318 Old Street,
London EC1V 9DR,
United Kingdom
Business email: [email protected]
Contact number: +44 7768 581717
