COURSE BOOKING TERMS AND CONDITIONS (“TERMS”) AND CANCELLATION POLICY
The following Terms and Conditions (“Terms”) are the terms on which The Edinburgh Whisky Academy (“EWA”), a Scottish private company limited by shares incorporated in Scotland under the Companies Act 2006 on 30 July 2015 with registered company number SC511961 and having its registered office at 23b Windsor Street, Edinburgh, Midlothian, Scotland, EH7 5LA (“EWA”) provides courses to a person or business (each a “Candidate”).
1.1. The Terms and any appendix hereto constitute the contract between EWA and the Candidate. The Terms are deemed to be accepted upon booking of the Course. Continued attendance and booking deems further acceptance.
2.1. Current course costs and dates are available on our website https://www.edinburghwhiskyacademy.com/.
2.2. EWA reserves the right to vary the course availability, costs and dates without notice.
2.3. It is the responsibility of the Candidate to ensure they have read the course content and that the course will meet the necessary training needs. EWA reserves the right to change the course content at any time.
2.4. It is the responsibility of the Candidate to ensure that the details provided on application or at any time thereafter are correct and complete. The Candidate must keep EWA informed of any changes to the information.
2.5. The Candidate’s place(s) is/are only confirmed upon receipt of the enrolment details, and full payment.
3. Gift Vouchers
3.1 Gift vouchers are valid for 12 months from purchase. The gift voucher expiration date will be stated on them and cannot be used after that date.
3.2 Vouchers cannot be replaces if lost, stolen or destroyed.
3.3 Vouchers cannot be refunded or exchanged for cash or other denominated vouchers.
3.4 If an intended purchase is for a higher amount than the face value of the voucher(s), the difference can be made up with a credit card payment. If it is less, then change cannot be given.
3.5 Vouchers cannot be used in conjunction with any special promotions.
3.6 Vouchers cannot be sold to any third parties without our consent. If we do give our consent then such consent may be subject to any conditions which we impose. In any event you may not sell the Vouchers through the internet without our express written consent, which you must obtain before making any such sale. We reserve the right at all times to refuse to permit any sale of Vouchers by you to a third party.
3.7 Our Gift Vouchers will be delivered in a digital format and a voucher code emailed to the recipient email address given at purchase.
4. Invoicing and payment
4.1. Payment in full is due at the time of booking the course.
4.2. Payment shall be made in Great British Pounds Sterling (£), via cheque, credit/debit card or BACS. Payment is deemed to be made when EWA receives the payment.
4.3. Time shall be of the essence for payment and the Candidate will make payment without any set-off, compensation or deduction of any kind.
4.4. If payment of the fees and any other sums falling due are not received at the time of booking the course then without prejudice to any other right or remedy available, EWA will be entitled to cancel the Contract and allocate this persons place on the course to someone else. EWA will do its best to provide written notice will be given prior to this, however there is no obligation upon EWA to do so.
4.5. Any late payments will attract interest at the rate of eight per cent (8%) per annum above the base rate from time to time of the Bank of Scotland, and any other monies as due under the Late Payment of Commercial Debts (Interest) Act 1998, as amended, until the amount due has been paid in full.
4.6. Should there be an error in the pricing on the website EWA reserves the right not to honour the price. The normal price of the course will be offered.
5. Course attendance and certification
5.1. Candidates will receive joining instructions via email to the email address provided on the enrolment form.
5.2. It is the responsibility of the Candidate to ensure that these details are up to date and that EWA are promptly notified of any changes.
5.3. It is the responsibility of the Candidate to ensure they have read and understood the Policies and Procedures of EWA before booking, which are available on the website. EWA reserves the right to change the Policies and Procedures at any time.
5.4. Candidates for the Online Certificate will be given an online log in. It is the responsibility of the Candidate to keep the log in confidential and not to allow access to any third parties. The Candidate indemnifies EWA over any loss incurred by their negligence or misuse of their online account or security details.
5.5 Candidates have 3 months from their first log-in to complete the online course. Thereafter they will lose their access and must repurchase the course in order to access it.
5.7Candidates will not upload, post, publish or transmit any material which is protected by copyright or other Intellectual Property Right without the prior written consent of its owner.
5.8 Candidates will not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
5.9 If candidates violate any of these Terms their permission to use the Material automatically terminates and they must immediately destroy any copies they have made of the Material.
5.10 It is the responsibility of the Candidate to ensure they have received any necessary pre-course reading modules along with the relevant learning outcomes.
5.11 If these are not received, it is the responsibility of the Candidate to contact EWA to arrange for them to be reissued.
5.12 The materials and information contained within the online Certificate and Diploma courses are for your personal educational use only. The Candidate is not permitted to republish, redistribute, sell, modify or otherwise make available to third parties, either in an electronic or hard copy format, any materials, documents or information without the written consent of EWA.
5.13 Failure to attend the course will result in the full cost being incurred.
5.14 EWA do not make any guarantee as to a particular result, professional qualification or employment opportunity from the completion of a course.
5.15 No certificate(s) shall be issued whilst there is an outstanding balance (including interest on overdue balances and statutory compensation) due to EWA.
5.16 All Certificates will be posted to the address given on the enrolment form. EWA accepts no responsibility for the loss of certificates.
5.17 Duplicate certificates may be provided and may incur an additional cost.
5.18 It may be necessary, for reasons beyond the control of EWA, to change the course content and/or timing of the programme, the date, the venue or the tutor. EWA endeavours to take all reasonable steps to notify the Candidate of such changes. EWA are not liable for any loss incurred from such changes.
5.19 Candidates for the online Certificate are entitled to undertake one formal resit of the Certificate within four (4) months of the course start date, subject to current exam board regulations. A fee will be payable to the assessment centre for any resit. Details of this fee can be obtained by contacting EWA.
6 Cancellations and Amendments
6.13 All requests for cancellations and/or transfers must be received in writing to the registered address of EWA.
6.14 It is at the sole discretion of EWA as to whether a cancellation and/or transfer is allowed.
6.15 It is recommended that the Candidate takes out comprehensive insurance to cover any unforeseen cancellation.
6.16 Any cancellation or transfers will become effective on the date of processing by EWA. EWA intends to process cancellations or transfers within 7 working days of receiving the notification, however this period may be longer during peak periods. EWA accepts no liability for costs incurred with regards to the delayed processing of changes/transfers.
6.17 If the course booked for is more than 30 days away, the Candidate has a period of 14 days after booking to cancel, incurring only an administration fee of £50 plus VAT. Out with the 14 day cooling off period, or if the course booked for is within 14 days, EWA will be entitled to charge the full fees paid. Should the fees not have been paid in accordance with clause 3, EWA is entitled to commence recovery proceedings.
6.18 In the event of a Candidate being unable to attend, EWA has the discretion to accept substitution of another Candidate on the condition that written notification of the substitution has been processed by EWA at least 14 days prior to the course start date and an administration fee of £50 plus VAT has been paid.
6.19 If the Candidate named on the booking form is unable to attend, and cannot or does not wish to transfer their place to another Candidate, a percentage of the total course fee paid may be accepted as payment towards a place on the same or another course that takes place within six (6) months following the originally booked event – this is subject to the number of places available and is at the sole discretion of EWA. The following amounts are payable for transfer:
6.19.1 If the transfer request is processed more than 56 days prior to the start of your course, a fee of £50 plus VAT admin fee is payable to transfer, in addition to the fee paid for the original booking.
6.19.2 If the transfer request is processed between 56 and 30 days, 50% of course fee plus £50 plus VAT admin fee is payable to transfer, in addition to the fee paid for the original booking.
6.19.3 If the transfer request is processed less than 30 days notice before the start of your course there is no transfer available.
6.20 Payment for any transfers will be due at the time of booking the transfer.
6.21 Candidates are only permitted one course transfer per booking, at the sole discretion of EWA. Full course fees will be charged for further transfers.
6.22 In the event of there being insufficient numbers booked onto a course EWA reserves the right to cancel or postpone the course.
6.23 In the event of cancellation of a course by EWA, we will endeavour where possible, although there is no requirement, to inform Candidates a week before the course is due to take place, or should the cancellation take place less than a week before the Course start date, at EWA’s earliest opportunity. In the event of cancellation due to the fault of EWA, all course fees paid will be reimbursed in full, or the payment will be transferred in full to another EWA course. EWA shall not accept liability for any consequential loss and shall have no liability to reimburse any other costs that may have been incurred, including transport costs, accommodation etc.
6.24 In the event of any cancellation, sums due to be returned to the Candidate will be returned via the method in which payment was received. EWA reserves the right to recover any bank charges payable on the transfer.
7 Course Provisions
7.13 All accommodation, travel and other costs are the responsibility and expense of the Candidate.
7.14 A buffet lunch is provided on all full day courses unless otherwise stated. The cost is included in the price quoted. Any special dietary requirements need to be detailed in advance of the course to the EWA.
8 Limitation of liability
8.13 Nothing in these Terms will limit the liability of EWA for personal injury or death caused by EWA’s negligence.
8.14 Without prejudice to Term 7.1, and except to the extent implied by law and which by law cannot hereby be excluded, EWA shall not be liable to the Candidate or any third party for any loss of profit, consequential or other economic loss suffered by the Candidate in connection with any contract (direct or indirect).
8.15 In any event, the maximum liability of EWA under or otherwise in connection with these Terms or its subject matter shall, subject to clause 7.4, not exceed the Price under the Contract.
8.16 If any sub-clause of this Clause 7 is held to be invalid or unenforceable under any applicable statute or rule of law then it shall be deemed to be omitted, and if as a result EWA becomes liable for loss or damage which would otherwise have been excluded then such liability shall be subject to the remaining sub-clauses of this Clause 7.
9.13 This version of the Terms is effective from 08 January 2019. These Terms are subject to change by EWA without notice.
9.14 No variation of these Terms shall be valid unless the details of such variation are set out in writing, signed and agreed by the director of EWA.
10 Force Majeure
10.13 EWA shall not be liable for any default, delay or failure to fulfil any obligation under any contract which is due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, fire, strike lock-out, industrial action, tempest, accident, civil unrest, riot, acts of civil or military authorities, flood, earthquake or shortage of supply.
11.13 The headings contained within these Terms are for convenience only and do not affect their interpretation.
11.14 Unless the content requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
11.15 If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.
11.16 EWA may without the consent of the Candidate sub-licence or delegate its rights or obligations under any part of these Conditions but will retain responsibility to the Candidate for the proper performance of such obligations. The Candidate is not permitted to assign the benefit or burden if any contract without EWA’s written consent.
12 Governing law and jurisdiction
12.1 These Terms shall be governed and construed in accordance with the Laws of Scotland, and the parties hereby submit to the exclusive jurisdiction of the Scottish Courts.
13 Entire Agreement
13.1 These Terms, together with the current EWA website prices, course details, EWA contact details and any EWA policy documents, set out the whole of our agreement relating to the supply of the course and associated materials and services to you by EWA. EWA shall have no liability for any such representation being untrue or misleading.
14 Intellectual Property
All of the trade marks, and logos displayed on this web site (the ‘Trade marks’) are registered and unregistered trade marks of Edinburgh Whisky Academy Limited, or are trade marks and logos which Edinburgh Whisky Academy Limited has been authorised to use and/or display on its website. Unauthorised use of any of the trade marks and logos appearing on this website is not permitted.
Copyright 2018 Edinburgh Whisky Academy Limited. Edinburgh Whisky Academy Limited owns all of the copyright and other intellectual property rights, including but not limited to design rights, in our website and in the material appearing on our website, or is authorised to use such intellectual property by the owners thereof. All rights in the intellectual property appearing on this website are reserved. Permission to use, copy, and distribute content from this web site is hereby granted for non-commercial use only, provided that the above copyright and relevant trademark notice appear in all copies and that the name of Edinburgh Whisky Academy Limited is not used in advertising or publicity pertaining to distribution of this information without specific, written prior permission of Edinburgh Whisky Academy Limited.