Cherry Picker LTD’s Online Training Terms & Conditions

  • This site (Cherry Picker’s Online Training environment) is owned by Cherry Picker LTD, an Irish company with registered number 223978 and registered offices at Kilmoon Business Park, Ashbourne, Co Meath (A84 FY76), Republic of Ireland.
  • We use Stripe to collect/process transaction information. A copy of Stripe’s security policy can be found at https://stripe.com/ie/privacy
  • The use of Cherry Picker’s Online Training environment is subject to the Terms and Conditions outlined below. Cherry Picker LTD reserves the right to make changes to these Terms and Conditions from time to time and you should check these Terms and Conditions regularly. Your continued use of Cherry Picker’s Online Training environment will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using Cherry Picker’s Online Training environment. If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the site (including community rules) then the latter shall prevail.

Provision of Cherry Picker LTD’s Online Training Environment

  • Cherry Picker LTD reserves the right to modify or discontinue the provision of Cherry Picker’s Online Training environment and its associate website; including the removal of any content or data that is provided by either Cherry Picker LTD or by you (the user). This action can be taken at any time, without prior notice or any liability towards you (the user).
  • Cherry Picker LTD will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery or use of information.
  • Cherry Picker LTD operates a “fair use” policy to protect the quality of Cherry Picker’s Online Training environment to our users. If Cherry Picker LTD believes you (the user) are using excessive bandwidth or your use of Cherry Picker’s Online Training environment is adversely affecting its network (or any part of it) or the other users of Cherry Picker’s Online Training environment, Cherry Picker LTD reserves the right to manage or regulate your usage of Cherry Picker’s Online Training environment. This may include temporarily suspending your user account.

User Responsibilities and Obligations

Terms of Access and Use

  • Access to and use of Cherry Picker’s Online Training environment is provided by Cherry Picker LTD, subject to you (the user) adhering to the following conditions:
  • You (the user) agree to be bound by the terms and conditions; effective immediately on your first visit to or use of Cherry Picker’s Online Training environment. If you do not agree to be bound by any of the terms and conditions, access and use of Cherry Picker’s Online Training environment will be restricted/withdrawn.
  • You (the user) agree that Cherry Picker LTD may change these terms and conditions at any time and that you should check them regularly.
  • You (the user) agree to use Cherry Picker’s Online Training environment for lawful purposes only and in a manner that does not infringe the rights of, restrict or inhibit the use of, Cherry Picker’s Online Training environment by anyone else. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Cherry Picker’s Online Training environment.
  • You (the user) may be required to register for a user account on Cherry Picker’s Online Training environment; in this case, you agree to provide accurate information when requested. By registering for a user account, you explicitly agree to these terms and conditions.
  • You (the user) must inform Cherry Picker LTD immediately of any changes to the information that you provided when registering by updating your personal details so that Cherry Picker LTD can communicate with you effectively.

Intellectual Property

  • All copyright, trademarks, design rights and other intellectual property rights (registered or unregistered) and all content located within Cherry Picker’s Online Training environment will remain the property of Cherry Picker LTD or the relevant rights holders where applicable. Users may not copy, reproduce, republish, disassemble, decompile, download, post, broadcast, transmit, make available to the public, or otherwise use content owned by Cherry Picker LTD, its affiliates or licensees, or other user content in any way except for your own personal, non-commercial use.
  • You (the user) also agree not to adapt, alter or create a derivative work from any Cherry Picker’s Online Training environment content except for your own personal, non-commercial use. Any other use of Cherry Picker’s Online Training environment content requires the prior written permission of Cherry Picker LTD. The names, images and logos identifying Cherry Picker LTD or third parties and their products and Cherry Picker’s Online Training environments are subject to copyright, design rights and trade marks of Cherry Picker LTD and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of Cherry Picker LTD or any other third party.    

Your Contributions to Cherry Picker’s Online Training environment

  • You (the user) grant Cherry Picker LTD a non-transferrable, non-exclusive worldwide, royalty free license to use any material that you may upload to the Cherry Picker Online Training system. Copyright of your content or work contribution will remain with you and this license is not exclusive, so you can continue to use your material in any way; including allowing other third-parties to use it.
  • You (the user) confirm that all content or work uploaded or made available via Cherry Picker’s Online Training environment is your own original work, is not defamatory and does not infringe any Irish or international laws and that you have the permission of anyone identified within your contribution and/or the consent of their parent/guardian if they are under the age of 16.
  • In order to participate and contribute to the discussion forum on the Cherry Picker’s Online Training environment you (the user) agree to these rules about message posts:
  • Your (the user) contributions must be civil and tasteful.
  • Your (the user) contributions must be not be offensive in language or tone, cause any offense, be abusive or be disruptive.
  • Your (the user) contributions must not be unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, sexually-orientated, racially offensive or otherwise; any objectionable material is not acceptable and will be removed.
  • You (the user) will not advertise or promote any brand, product or service.

Your Cherry Picker Online Training Account

  • In order to use Cherry Picker’s Online Training environment you will be required to register a user account. By registering for a user account, you agree to provide accurate information. By registering for a user account, you explicitly agree to the terms and conditions outlined on Cherry Picker’s Online Training environment.
  • All accounts must be registered with a valid personal email address that you (the user) access on a regular basis so that any communication regarding your customer or eLearning account can be sent to you.
  • If Cherry Picker LTD has reason to believe that there is likely to be a breach of security or misuse of the website, Cherry Picker LTD may require you (the user) to change your password or may suspend your account.
  • Cherry Picker LTD reserves the right to close any account that is seen to be using proxy IP Addresses (Internet Protocol Addresses) in order to hide multiple accounts. If you (the user) use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

Registration and Password

  • Cherry Picker LTD advises you (the user) to never reveal your registration and password information to any third party; it is your (the user) sole responsibility to maintain the security of your registration and password information. Users will be held responsible for any authorised or unauthorised usage of their account and/or user details. Users are required to notify Cherry Picker LTD of any unauthorised use of their account and/or details immediately. Any breach of this agreement may result in your (the user’s) account being closed at any time and without prior notice.

Availability of Cherry Picker’s Online Training environment

  • Although Cherry Picker LTD aims to offer you (the user) the best service possible, it makes no promise that Cherry Picker’s Online Training environment available at http://cherrypicker.ie/courses/ will meet your requirements. Cherry Picker LTD cannot guarantee that Cherry Picker’s Online Training environment will be fault-free. If a fault occurs with Cherry Picker’s Online Training environment you (the learner) should report it to brian@cherrypicker.ie and Cherry Picker LTD will attempt to correct the fault as soon as reasonably possible. Your (the user) access to Cherry Picker’s Online Training environment may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Cherry Picker’s Online Training environments. Cherry Picker LTD will attempt to restore access to Cherry Picker’s Online Training environment as soon as is reasonably possible.
  • Cherry Picker LTD warrants that it has the right to provide the Cherry Picker’s Online Training environment and will use all reasonable skill and care in making the Cherry Picker’s Online Training environment available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Cherry Picker LTD does not give any other warranties in respect of the Cherry Picker’s Online Training environment. Cherry Picker LTD is continually seeking to improve the Cherry Picker’s Online Training environment. Cherry Picker LTD reserves the right, at its discretion, to make changes to any part of Cherry Picker’s Online Training environment provided that it does not materially reduce its content or functionality.

Cherry Picker LTD’s right to suspend or cancel your registration

  • Cherry Picker LTD may suspend or cancel your (the user) registration immediately at its reasonable discretion or if you (the user) breach any of your obligations under these Terms and Conditions. You (the user) can cancel your registration at any time by informing us in writing at brian@cherrypicker.ie. If you do so, you must stop using Cherry Picker’s Online Training environment. The suspension or cancellation of your registration and your right to use Cherry Picker’s Online Training environment shall not affect either parties statutory rights or liabilities.

Privacy of Information

  • All personal information gathered and/or stored by Cherry Picker LTD is subject to the Privacy Policy created for the management of the Cherry Picker Online Training platform.

Prices and Payment

  • Your (the user) order is an offer to purchase access to online course content from Cherry Picker LTD. Access to online course content will be made available to you once your payment has been authorised and the course session has started. There will be no contract of any kind between you and Cherry Picker LTD unless and until you make authorised payment for access to one or more online courses. At any point up until then, Cherry Picker LTD may decline to supply access to the online courses to you (the user) without giving any reason. The fee for access to the online courses is calculated and payable in advance of the course start date as set out on Cherry Picker’s Online Training environment. Cherry Picker LTD shall be under no obligation to provide access to online courses until the fee has been paid. All prices are expressed inclusive of any VAT payable unless otherwise stated. Your credit/ debit card details are not handled by Cherry Picker LTD. All payment and all credit card handling is done through the third party, Stripe. Authority for payment must be given at the time of placing your order.
  • Cherry Picker LTD advises you to read the course descriptions that are provided in Cherry Picker’s Online Training environment carefully before placing your order as refunds cannot be given once you have started to view the course content.

Disclaimers and Limitation of Liability

  • Cherry Picker LTD will not be held responsible for content or work uploaded or made available to you (the user) via Cherry Picker’s Online Training environment or any third-party websites that are accessed via Cherry Picker’s Online Training environment or associated websites. Any links posted to third-party websites do not amount to an endorsement by Cherry Picker LTD of any content, product or Cherry Picker’s Online Training environment provided by that third-party; accessing such third-party websites is at your own risk.
  • Cherry Picker LTD’s content, products and Cherry Picker’s Online Training environments (or its links to/provision of third party products and Cherry Picker’s Online Training environments), is provided “as is” and on an “as available” basis. To the extent permitted by law, Cherry Picker LTD excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Cherry Picker LTD does not guarantee the timeliness, completeness or performance of the website or any of the content. Whilst every effort is made to ensure that all content provided by Cherry Picker LTD is correct at the time of publication, no responsibility is accepted by or on behalf of Cherry Picker LTD for any errors, omissions or inaccurate content on the website.
  • Cherry Picker LTD will not be held responsible or liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):
  • Loss of data
  • Loss of revenue or anticipated profits
  • Loss of business
  • Loss of opportunity
  • Loss of goodwill or injury to reputation
  • Losses suffered by third-parties
  • Any indirect, consequential, special or exemplary damages arising from the use of Cherry Picker’s Online Training environment or associated websites; regardless of the form of action.
  • Cherry Picker LTD does not warrant any functions available on Cherry Picker’s Online Training environment will be uninterrupted or error-free, that defects will be corrected, or Cherry Picker’s Online Training environment or the server that makes it available are free of viruses or bugs. You (the user) acknowledge that it is your sole responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.