TERMS OF USE

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OVERVIEW
This website is operated by Grape Experience LLC (“Grape Experience” – throughout the site, the terms “we”, “us” and “our” refer to Grape Experience LLC). Grape Experience offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our Service to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms of Service will result in an immediate termination of Service.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Service is subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to cancellation or exchange only according to our Cancellation Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – COMPLAINTS AND APPEAL
All complaints must be made in writing via email or traditional post to Adam Chase  adam@grapeexperience.com. Complaints or appeals about an exam result must be made within 10 days of the student receiving the exam result.  All complaints will be handled with a guarantee of confidentiality.

The complainant must provide full details of the complaint, what they have done, if anything, to resolve it to date, and their name and email and phone contact information.

Adam Chase, President of Grape Experience, will handle the complaint and get back to the complainant within 5 working days of receiving the written documentation.  If the complaint is about a WSET exam grade, Grape Experience will follow WSET complaints and appeals processes and manage the initial communication with WSET.

If the complainant is still not satisfied with a response, they may wish to file a formal complaint with WSET directly by emailing qa@wsetglobal.com

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION    
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel courses advertised on this site. In the event that we make a change to or cancel a course, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Registration Policies.

SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our website may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy.  To view our Privacy Policy, follow the links here or at the bottom of the homepage.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED — USES    
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service is (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Grape Experience, our officers, employees, affiliates, owners, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service, or for any other claim related in any way to your use of the Service.

SECTION 14 – INDEMNIFICATION    
You agree to indemnify, defend and hold harmless Grape Experience and its affiliates, owners, officers, agents, licensors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION        
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate our Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at adam@grapeexperience.com.

SECTION 21 – REASONABLE ADJUSTMENT & SPECIAL CONSIDERATION

Both WSET and Grape Experience want to make WSET assessments accessible for all students, so none are at an advantage or disadvantage based on a disability or differing ability. This policy and the reasonable adjustment process allows us (Grape Experience) to work with you, our student, before an assessment to gather the information we need to submit a request to WSET and work with them to make arrangements that give students access to WSET qualifications.

A reasonable adjustment is any accommodation or arrangement that helps to reduce the effect of a known disability or difficulty that substantially disadvantages a student’s assessment. Using a reasonable adjustment does not impact howWSET grades your exam, or your result, but WSET cannot agree to reasonable adjustments where your particular difficulty directly affects performance necessary to complete the assessment outcomes (e.g. inability to smell or taste for a Level 3 Exam). The goal of a reasonable adjustment is to give you equal access to a WSET qualification, not to give unfair advantages over other students who take an assessment without the same adjustment, or to affect the overall reliability of the assessment outcomes that are explained in the course Specification.

Examples of reasonable adjustments may be:

  • Changing standard assessment arrangements, for example allowing candidates extra time to complete the assessment activity;
  • Adapting assessment materials, such as providing materials in large text format;
  • Providing access facilitators during assessment, such as a sign language interpreter or reader;
  • Re-organising the assessment room, such as removal of visual stimuli for an autistic

Grape Experience will gather the information we need from you to submit a Reasonable Adjustment Application form to WSET. WSET must approve and arrange reasonable adjustments before the assessment activity takes place. Before completing enrollment with Grape Experience, we will give all students access to this policy and the chance to identify any special needs that could require a reasonable adjustment. If a student identifies a special need, Grape Experience will give the student the Reasonable Adjustment Application form as soon as possible and work with the student to gather the necessary information.

For any student seeking a reasonable adjustment, please contact Adam Chase at adam@grapeexperience.com with:

  • Your full name;
  • contact information;
  • description of the special need, disability or differing ability that requires an adjustment; and
  • supporting

You must submit this information at least 30 days before the exam date for Levels 1-3 qualifications and at least 3 months before the exam date for Level 4 Diploma. The information you submit will be shared with WSET and will be handled under WSET’s Privacy and Data Protection Policy.

Grape Experience will keep records of all reasonable adjustment applications.

Special consideration is any adjustment given to a student who has temporarily experienced an illness or injury, or other event outside of their control at the time of the exam that significantly affects their ability to take the exam or their ability to show their knowledge and understanding in the assessment. Special consideration is only for things thathappen immediately before or during an exam that have a material impact on your, the student’s, ability to take the exam or on your performance. To be eligible for special consideration, you must have completed the whole course and would have been fully prepared if not for the temporary illness, injury or other uncontrollable event. A special consideration may be for an individual (e.g. a student becomes ill the day of the exam) or a group of students (e.g. an exam is interrupted by a natural disaster).

You may be eligible for special consideration if:

  • Your performance on the exam is adversely affected by an event outside of your control. This may include temporary illness, temporary injury, bereavement or exam room conditions;
  • Reasonable adjustments which were agreed in advance of the exam proved inappropriate or inadequate;
  • The application of special consideration would not make a passing result and certificate misleading about the student’s ability to satisfy the qualification’s assessment criteria.

Applying for special consideration

If you have taken an exam, or your exam is immediately approaching, and you feel that you have a temporary injury orillness, or other uncontrollable event that has interfered with your ability to complete your exam, please contact Adam Chase at as soon as possible at adam@grapeexperience.com . Grape Experience will provide you with a Special Consideration Application Form, which must be completed and returned with supporting documentation withinGrape Experience 5 days after the affected exam. The information you submit will be shared with WSET and will be handled under WSET’s Privacy and Data Protection Policy.

If there has been serious disruption during an exam affecting a group of students, Grape Experience will submit a detailed report of the circumstances and candidates affected to WSET to request a special consideration.

Grape Experience will keep records of all applications for special consideration.

SECTION 22 – MALPRACTICE

Both Grape Experience and WSET have policies and procedures in place to protect WSET students and safeguard the integrity of WSET qualifications. Grape Experience ensures compliance with Grape Experience and WSET’s policies through this Malpractice and Maladministration Policy, which gives a framework for both us and you to identify, report and manage potential malpractice or maladministration.

Non-compliance with Grape Experienceor WSET Policies and Procedures can fall into two distinct, but related, categories:

  1. Maladministration, where the non-compliance is generally unintentional, or the result of mistakes,carelessness, inexperience or poor processes; and
  2. Malpractice where the non-compliance is intentional or the result of a negligent or recklessaction without consideration of the consequences of the action.

Context is important and the line between maladministration or malpractice is not always clear: for example, maladministration incidents may become malpractice (e.g. if you fail to implement corrective measures, repeat the same or similar incident, or attempt to misrepresent or hide information during an investigation); or there may be mitigating factors that turn potential malpractice into maladministration. Though malpractice and maladministration are distinct concepts, they can shade into one another. Malpractice and maladministration are always case, context and fact specific.Both APPs and students can commit malpractice and maladministration.

There are many ways that malpractice or maladministration could occur, including new ways we have not seen yet. But some examples of malpractice or maladministration include:

For Grape Experience:Failure to adhere to WSET Policies and Procedures;

  • Failure to follow WSET requirements for course delivery or exam regulations;
  • Failure to follow WSET’s candidate registration and certification procedures;
  • Late student registrations;
  • Fraudulent claim for certificates/fraudulent use of certificates/reproduction or forgery of certificates;
  • Withholding critical information from WSET quality assurance;
  • Insecure storage of exam materials;
  • Revealing or sharing confidential exam materials with candidates ahead of an exam;
  • Intentional attempts to manipulate exam results so that they do not reflect the candidate’s actual exam performance;
  • Issue of incorrect exam results/failure to issue results to students in a timely manner;
  • Failure to timely respond to WSET;
  • Unathorised reading/amendment/copying/distribution of exam papers;
  • Failure to report changes in APP ownership/personnel/location/facilities;
  • Denying WSET access to information, documentation, workforce, facilities;
  • Failure to return exam papers within the specified timeframe or to follow delivery and tracking regulations;
  • Infringements of WSET copyright, trademarks, intellectual property rights and brand identity;
  • Use of unqualified and/or unregistered educators or internal assessors;
  • Breach of confidentiality
  • Misleading advertising/publicity;
  • Any action likely to lead to an adverse
  • Failure to disclose a Conflict of Interest;

For Students

  • Cheating, or facilitating cheating, including the use of unauthorised devices or materials;
  • Disruptive behaviour in an exam;
  • Plagiarism of any nature by students;
  • Impersonation (including forgery of signatures);
  • Unauthorised reading/amendment/copying/distribution of exam papers;
  • Any action likely to lead to an adverse effect;
  • Breach of confidentiality

In general, we also expect that both Grape Experience staff and our students should treat others and be treated professionally and respectfully at all times. We will treat inappropriate behavior including verbal or physical abuse, persistent or unrealistic demands, or threats that cause stress to staff as misconduct and may report student misconduct to WSET as necessary.

Reporting and Investigation of Malpractice or Maladministration

As an APP, we aim to ensure compliance with WSET Policies and Grape Experience policies and will keep records of potential or actual malpractice or maladministration by you, our students, or our staff.

We are required to notify WSET immediately of any non-compliance issues that could be malpractice ormaladministration, so that WSET can investigate the non-compliance under their own Malpractice and Maladministration Policy.

We ask that you also raise any concerns or non-compliance issues that may be malpractice or maladministration with Grape Experience as soon as possible by following the process outlined in our Complaints policy.

During WSET’s investigation, they may reach out to Grape Experience or to you directly to request further informationor conduct an interview. Please respond to any requests promptly and honestly.