Terms & Conditions

The English version of these Terms and Conditions prevails to the extent of any inconsistency between the English and the Chinese versions.

Our Trademarks

Sommelier.com.hk is owned and operated by Sommelier Company Limited. Any reference in this term of use to sommelier.com.hk shall reference to Sommelier Company Limited and their respective employees and agents.

The following trademarks and service marks belong to Sommelier Company Limited or its affiliates and all rights in them are reserved. Graphics, logos, service marks and trademarks of Sommelier Company Limited and its affiliates may not be used without the prior written consent of Sommelier Company Limited or its affiliates. All other trademarks, product names, company names and logos appearing on sommelier.com.hk are the property of the respective owners. All content on our site, including design, text, graphics, logos, button icons, images, software and audio clips; any improvements or modifications to such content; any derivative works thereof; the collection, arrangement and assembly of all content appearing on sommelier.com.hk, are the exclusive property of Sommelier Company Limited are protected by Hong Kong and international copyright and other applicable intellectual property laws.

Use of site

This site may currently only be used as a resource to enroll Wine related educational courses or to conduct on-line communications. You may not distribute or commercially exploit the site or any part of its content (whether by reproduction, retransmission, dissemination, sale, broadcast, circulation, republication, amendment, re-delivery or similar technology or otherwise). Any use of the on-line communication features of this site may only be used for lawful purposes and you may not post or transmit any material which is objectionable (whether harmful, threatening or otherwise); Sommelier Company Limited reserves the right (but without the obligation or liability) to prohibit or remove any such material.

Indemnity and limitation of liability

You agree to indemnify, defend and hold harmless sommelier.com.hk from and against all losses, expenses, damages and costs (including reasonable legal fees) arising from any breach of these Terms of Use or any other activity by you in connection with your use of the site. You further agree that sommelier.com.hk shall not be held liable howsoever for your use of the site and you agree to waive all claims that you may have against sommelier.com.hk for any loss or damages you may sustain in connection with your use of the site. In the event that this disclaimer is unenforceable, the total liability of sommelier.com.hk, if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based.

Links to other sites

Occasionally, sommelier.com.hk may make available a link to a third party's web site. These links will let you leave sommelier.com.hk. The linked sites are not under sommelier.com.hk control and sommelier.com.hk is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Sommelier.com.hk is not responsible for webcasting or any other form of transmission received from any linked site. Sommelier.com.hk provides the links only as a convenience. Sommelier.com.hk does not endorse the site or its use or contents.

Notice

Sommelier.com.hk may deliver notices to you by means of electronic mail, a general notice on Sommelier.com.hk or by post. You may give notice to Sommelier.com.hk at any time by means of electronic mail to support@sommelier.com.hk or by post to the following address:

Modification of Terms

These Terms of Use may be modified from time to time.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. You irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms of Use and the order terms.

Refund Policy

Full refund will be arranged only if the event / course is cancelled. In case of a course rescheduling, should you not be able to attend the rescheduled course a full refund will be provided as well.

You can request a refund due to your own reason within 2 calendar days once the payment is made but 15% of the event / course fee will be charged as an administration fee.

Sommelier will process the refund within 30 calendar days of the day on which you requested it or the course is confirmed to be cancelled.

Sommelier Company Limited. All Rights Reserved.

Policy Guideline
*Chinese (政策指南)

Conflict of Interest Policy

As an Approved Programme Provider (APP) of WSET, Sommelier Education Centre (‘Sommelier’) is required to identify to WSET and assist in the managing or monitoring of actual, potential, and perceived conflicts of interest (‘Conflicts of Interest’) involving both APP staff and students. This policy complements WSET’s conflicts of interest policy and works to safeguard the integrity of WSET qualifications and promote confidence in WSET and Sommelier processes and procedures.

This policy applies to all Sommelier staff and students and to any individual acting on behalf of Sommelier.

A Conflict of Interest exists where an individual has interests or loyalties that could adversely influence their judgement, objectivity, or loyalty to WSET or Sommelier when conducting activities associated with WSET qualifications.

Examples of Conflicts of Interest include:

• The assessment of candidates by an individual who has a personal interest in the result of the assessment for any or all individuals concerned
• The moderation of assessment of candidates by an individual who has a personal interest in the result of the assessment for any or all individuals concerned
• The undertaking of a WSET qualification by any individual employed by an APP
• The invigilation of a WSET assessment by any individual involved in the delivery of training leading to the assessment
• The coaching of candidates by any individual involved in the assessment of candidate scripts
• The employment by an APP of individuals engaged in the delivery of taught programmes or in the role of Internal Assessor in another APP
• The investigation of a non-compliance incident by someone who is unable to act impartially

Some of these Conflicts of Interest are manageable and therefore acceptable. For example, if a family member of one of Sommelier’s educators or APP staff takes a qualification and exam through Sommelier, or when an employee of Sommelier, or of the WSET, takes a WSET qualification through Sommelier, Sommelier must notify WSET in advance and then work with WSET to put in place measures to maintain the integrity of the exam. Some Conflicts of Interest are not manageable and are not acceptable. For example, no mitigation efforts can overcome the conflict created when a single individual serves as the educator and exam officer of an exam for a family member where an external invigilator is not available.

Any staff member or student of Sommelier who becomes aware of a Conflict of Interest must inform Mr Matt Hui (matthui@sommelier.com.hk) as soon as possible. Mr Matt Hui will inform the WSET of the possible conflict of interest and will work with WSET to put any protective or mitigating measures in place to manage the conflict on a case- by-case basis. If WSET and Sommelier decide that the conflict is not manageable, Matt will inform any impacted APP staff or students.

Please note that the failure to declare a conflict of interest may have consequences for the student or Sommelier because it is required to report such conflicts to WSET.

Reasonable Adjustments Policy

Both WSET and Sommelier 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 Sommelier to work with each student before an assessment, gather the information needed to submit a request to WSET, and work with WSET to make arrangements that give students equitable 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. The use of a reasonable adjustment does not impact WSET’s marking or the result of the candidate’s exam. The goal of reasonable adjustments is to equalise access for candidates – they must not give unfair advantage to candidates receiving the adjustment or affect the reliability and validity of the assessment outcomes as detailed in the applicable Specification. WSET cannot agree to reasonable adjustments where the candidate’s particular difficulty directly affects performance necessary to complete the assessment outcomes (e.g., if a student cannot taste for a Level 3 Exam where tasting is necessary).

Examples of reasonable adjustments include:

• 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
• Reorganising the assessment room, such as removal of visual stimuli for an autistic candidate

Sommelier will gather the information needed from students to submit a Reasonable Adjustment Application form to WSET. WSET must approve and arrange reasonable adjustments before the assessment activity takes place. Before completing enrolment, Sommelier 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, Sommelier 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 Mr. Matt Hui (matthui@sommelier.com.hk) with:

• Full name
• Contact information
• Description of the special need, disability, or differing ability that requires an adjustment
• Supporting documentation

Students must submit this information at least 21 days before the exam date for Level 1-3 qualifications. The information students submit will be shared with WSET and will be handled under WSET’s Privacy and Data Protection Policy.

Sommelier will keep records of all reasonable adjustment applications.

Special Consideration Policy

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 that happen immediately before or during an exam that have a material impact on the student’s ability to take the exam or on their performance. To be eligible for special consideration, students must have completed the whole course and would have been fully prepared if not for temporary illness, injury, or another uncontrollable event. A special consideration may be for an individual (e.g. a student becomes ill on the day of the exam) or a group of students (e.g. an exam is interrupted by a natural disaster). Students may be eligible for special consideration if:

• Their performance on the exam is adversely affected by an event outside of their control. This may include temporary illness, temporary injury, bereavement, or exam room conditions
• Reasonable adjustments which were agreed to in advance of the exam proved to be 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 at student has taken an exam, or their exam is quickly approaching, and they feel that they have a temporary injury or illness, or other uncontrollable event that has interfered with their ability to complete the exam, they should please contact Mr Matt Hui (matthui@sommelier.com.hk) as soon as possible.

Sommelier will provide them with a Special Consideration Application Form, which must be completed and returned with supporting documentation within 3 days after the effected exam. The information a student submits will be shared with WSET and will be handled under WSET’s Privacy and Data Protection Policy. If there has been a serious disruption during an exam affecting a group of students, Sommelier will submit a detailed report of the circumstances and candidates affected to WSET to request special consideration.

Sommelier will keep records of all applications for special consideration.

Malpractice and Maladministration Policy

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

Non-compliance with Sommelier or 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
2. Malpractice, where the non-compliance is intentional or the result of a negligent or reckless action 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 a party fails to implement corrective measures, repeats the same or a similar incident, or attempts 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 which WSET and Sommelier have not yet seen. Some examples of malpractice or maladministration include:

For APPs:

• Failure to adhere to WSET Policies and Procedures
• Failure to follow WSET requirements for course delivery or exam regulations
• 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 promptly
• Failure to promptly respond to WSET

For students:

• Cheating, or facilitating cheating, including the use of unauthorised devices or materials
• Disruptive behaviour in an exam
• Unauthorised reading/amendment/copying/distribution of exam papers

In general, Sommelier also expects that both Sommelier staff and students will treat others and be treated professionally and respectfully at all times. Sommelier will treat inappropriate behaviour, including verbal or physical abuse, persistent or unrealistic demands, or threats that cause stress to staff, as misconduct and may report such student misconduct to WSET as necessary.

Reporting and Investigation of Malpractice or Maladministration

As an APP, Sommelier aims to ensure compliance with WSET Policies and Sommelier policies and will keep records of potential or actual malpractice or maladministration by students or staff. Sommelier is required to notify WSET at once of any non-compliance issues that could be malpractice or maladministration, so that WSET can investigate the non-compliance under their own Malpractice and Maladministration Policy. Sommelier asks that students also raise any concerns or non-compliance issues that may be malpractice or maladministration with Sommelier as soon as possible by following the process outlined in the Sommelier Complaints policy.

During WSET’s investigation, they may reach out to Sommelier or to students directly to request further information or conduct an interview. Please respond to any requests promptly and honestly.

If WSET identifies malpractice or maladministration, they will consider its impact and may apply sanctions. WSET will take all reasonable steps to ensure the sanctions do not disadvantage uninvolved students affected by malpractice or maladministration. However, in some cases, they may need to disallow or withhold results and/or certificates.