Terms & Conditions of Supply
Terms & Conditions of Supply
These are the Terms and Conditions of Supply for: REM Corporation Ltd – trading as “Spirit Lab” referred to in this contract as “us” and “we” and “our”of (Vision House, 3 Dee Rd, Richmond, London TW9 2JN, United Kingdom).
By using and purchasing such Courses on our website you accept the use of these Terms and Conditions of Supply and you agree to comply with them. If you do not agree to these Terms and Conditions of Supply, you must not use engage in acquiring our services. We recommend that you read these Terms and Conditions of Supply carefully.
We do occasionally update these Terms and Conditions of Supply from time to time. We reserve the right to make amendments to any of the Bar Courses content without notice
1.1 These Terms and Conditions of Supply are a Contract that governs your relationship with Spirit Lab in terms of all quotations, offers, orders and contracts for sale of goods or services.
Bar: The Bartending Course
Course (s) means, the international mixology course, advanced mixology course west award in spirit level 1 and 2, online foundation course.
Contract – means these Terms and Conditions of Supply, to include, written invoices. Services: means the services, in full provided to the Student(s) by Spirit Lab.
Spirit Lab: means the Company providing the services; Services.
Student(s) – means the purchaser of the services from Spirit Lab;
No change or modification of this Contract (including change orders) is valid unless it is in writing and signed by all parties who in turn are bound by these Terms and Conditions of Supply. This shall not affect your statutory rights, in accordance with the Consumer Rights Act 2015.
If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Contract.
2.1 You must be 18 years or over to attend and book any Course advertised on this website in accordance with this Contract.
2.2 Skill Level:
2.2.1 No qualification is required.
2.2.2 If you are unsure as to your skill requirements for a Course, please telephone us so we can help ascertain your level of experience before booking a Course.
We rely on Students being able to self-assess their own skill level and are happy to assist with this but shall not be held liable in any way, if you book a Course much higher or lower than your actual skill level which is not appropriate.
2.2.3 International Students:
International Students, who are resident in the EU, who may require a valid and up to date Student Visa in order to enrol in the International Mixology Advanced Mixology Course or the WSET Level 1 Award in Spirit or WSET Level 2 Award in Spirits. However, each case will be studied individually. It is your responsibility to ensure that you have the correct Visa in place to enrol on the Courses. If any of the information provided to us with for your Visa is false, we will withdraw your application and you will not be entitled to a refund or any of the deposit/fees, this does not affect your statutory or consumer rights. International Students are welcome to book and attend our Courses, and the Visa application procedure is the sole responsibility of the international student.
3. HEALTH & SAFETY
Upon attending our Courses, all Students are required to wear shoes with flat, non-slip soles and covered toes. You are not allowed to enter the Bar without the correct footwear. You must wear suitable clothes and (jeans, T-Shirts, trainer shoes are allowed) when you are in the Bar and they must be clean and ironed. We are not liable for any damage that occurs to your clothing when you are on our premises. Long hair must be tied back when you are in the Bar.
4. CERTIFICATED COURSES
4.1 All of our Courses offer The Spirit Lab certificate upon successful completion of the Course. Our certificate is recognised in the UK and upon successfully passing either the WSET Level
1 or 2 Award in Spirit. Students shall be awarded a certificate which may be regonised in 70 countries globally for the list of countries that apply please see the WSET website at https://www.wsetglobal.com/where-to-study
4.2 To obtain our certificates this shall require successful completion of the Course, which is determined by the Bar tutors/management and it is based on a minimum rate of attendance of 30 hours, attendence is complusory, to assess learning progress, attitude and overall performance. Certificates are issued at the discretion of The Spirit Lab subject to the above parameters. Please note, to maintain the value of our Course certificates, Students that have a partial attendance record will find this reflected on their Course certificate and this may impact their ability to pass the Course.
5. PAYMENT PROCEDURE
All payments should be made for the Courses in full at least four weeks before the Course start date.
A non-refundable deposit of £350 OR £199 must be paid at the time of booking to secure a place on the Course. The full balance of the Course must be paid four weeks before the Course start date. Failure to do so may result in losing your place on the Course and your deposit.
5.3 Cheques should be made payable to: REM Corporation LTD. Vision House, 3 Dee Rd, Richmond, London TW9 2JN, United Kingdom).
5.4 If you wish to pay by bank transfer you will see the relevant details on the Contract
5.5 We also accept MasterCard/Visa Credit Cards and Switch/Solo/Maestro Cards and American Express.
6. CANCELLATION PROCEDURE
6.1 Cancellations & Refunds Policy:
Subject to clause 24 below, the Courses are booked with the payment of a non-refundable deposit, this does not affect your statutory rights in accordance with the Consumer Rights Act 2015, the outstanding balance shall be due 28 days prior to the start of the Course.
6.2 Cancellations made more than 60 days from the start of your Course:
Should you wish to cancel your booking more than 60 days from the start of the Course, you will be entitled to a full refund of Course fees paid, less the £350 or £199 deposit which is non-refundable.
Should you wish to transfer to a Course date at a future date rather than cancel your booking outright, we will transfer your deposit to the next Course or month if there is space to do so and this shall be at our sole discretion. We shall need your written confirmation of any such change.
Time for such a transfer shall be limited to a 1 month period and failure to attend a suitable date offered by The Spirit Lab, shall result in losing your Course fees and deposit.
6.3 Cancellations made less than 60 days from the start of your Course:
Should you wish to cancel your booking less than 60 days from the start of the Course, you will not be entitled to a refund or return of the deposit for £350 or £199 which is non-refundable.
Should you wish to transfer to a Course date at a future date rather than cancel your booking outright, we will transfer your Course deposit to the next Course or month if there is space to do so and this shall be at our sole discretion. We shall need your written confirmation of such change.
Time for such a transfer shall be the next available date and is limited to a 1-month period and failure to attend a suitable date offered by The Spirit Lab will result in loosing Course fees and your deposit.
6.4 Cancellations made after the Course has started:
If you cancel after the Course start date we will not refund the Course fees or the deposit, as we shall not be able to resell your place and mitigate our financial losses incurred.
6.5 Cancellations by The Spirit Lab:
In the unlikely event of cancellation of a Course by us, we undertake to offer a suitable transfer to an alternative date or Course within a 3 months period, or a full refund (within 30 days) of the Course fees and deposit. If Students do not engage with the Course or attend the Course or their Courses no refunds shall be provided to them in or under any circumstances.
7. PRICES AND AVAILABILITY
While we make every effort to ensure that information on the websites with regard to these Terms and Conditions of Supply are accurate, this cannot be guaranteed. Prices displayed in our on-line catalogue and availability may change from time to time and notice of such price changes shall be stated on our website. Please telephone us if you have any queries in relation to this or wish to re-confirm the Courses prices.
8. PERSONAL BELONGINGS
8.1 During the Course and the training with our Bar partners, we urge Students not to leave your personal belongings unattended at any time.
8.2 Do not bring or store any valuables on the premises, including watches, jewelry or large amounts of cash.
The Spirit Lab shall not be liable or responsible for any lost, stolen or damaged personal property, whether from lockers, vehicles or any other location on the premises.
8.3 If any of The Spirit Lab’s partners reports a student being found which any kind of belongings, money or objects that are not their property, the student will be expelled with immediate effect from the school.
9. COPYRIGHT & ACCEPTABLE USAGE
Copyright of Course content developed by The Spirit Lab and is owned by the school, namely, The Spirit Lab Bartending Academy. Course notes and reference materials are provided by us to support Students in their studies and ongoing Bar development and are issued for personal use only and not for commercial usage or gain.
10. INTELLECTUAL PROPERTY RIGHTS
The definitions in this clause apply in this Terms and Conditions of Supply.
Intellectuel Property Rights: patents, rights to Inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectuel property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
Inventions: inventions, ideas and improvements, whether or not patentable, and whether or not
recorded in any medium.
10.1 You shall give us full written details of all Inventions and of all works embodying: Intellectual Property Rights made wholly or partially by you at any time during the Courses you conduct with us which relate to, or are reasonably capable of being used in, Spirit Lab. You acknowledge that all Intellectual Property Rights subsisting (or which may in the future
subsist) in all such Inventions and works shall automatically, on creation, vest in us absolutely. To the extent that they do not vest automatically, you hold them on trust for us. You agree promptly to execute all documents and do all acts as may, in our opinion, be necessary to give effect to this Clause 10.
You hereby irrevocably waive all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which you have or will have in any existing or future works referred to in Clause 10.1 above.
10.2 You irrevocably appoint us to be your attorney in your name and on your behalf to execute documents, use your name and do all things which are necessary or desirable for us to obtain for ourselves or our nominee the full benefit of this clause 10.
10.3 You are permitted to browse this website and for your own purposes of learning only.
10.4 You are permitted to use an electronic Course book, such book is provided by The Spirit Lab and is fully operational on any mobile device and can be printed by the Student at the Students sole cost.
11. PAYMENT SECURITY
11.1 All of our online transactions are processed securely by our merchant service providers, such as PayPal and/or Stripe. Payments are processed off server using Stripe. This is a PCIDSS compliant, and Stripe certified service provider at https://stripe.com/docs/security
11.2 Your credit card number will be encrypted when your order is placed using encryption software. Our merchant providers then inform us, via the encryption system, the outcome of that transaction. We do not store any of your credit card details or personal data when you make a payment to us.
12. EXCLUSION OF LIABILITY
12.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013.
12.2 We shall use our reasonable endeavors to ensure that the information on our website and within this Contract are correct.
12.3 However, we do not guarantee the correctness or completeness of material that may be placed on this website from a third party provider with regard to our products or Courses, you are required to check that third party’s site for such information required.
13.1 Spirit Lab Insofar as is permitted by law, we make no representation, warranty, or guarantee that the Courses will meet your requirements, or that they will not infringe the rights of third parties, except as specifically stated in this Contract.
13.2 Spirit Lab shall not provide any food or drink beverages throughout any of their Courses.
13.3 By enrolling on a Course you warrant and promise that you shall attend all Courses in full and not show up late for classes, you shall co-operate fully with the school and Course teachers and take part in all activities and practical exercised as required. Should you breach this warranty we shall take disciplinary action against you which may result in your being dismissed from the Course.
14. MEDIATION AND DISPUTE RESOLUTION
14.1 If any dispute arises in connection with this Contract, the parties agree to enter into mediation in good faith to settle such a dispute and will do so with the school. All parties agree to use their best endeavors to find a suitable solution to avoid any proceedings being issued or conflicts.
14.2 Any mediation shall be held in England.
14.3 Both parties shall bear the cost of any said formal mediation equally. In the event that said dispute is not resolved in mediation, or one party wishes not to agree to proceed to mediation. The parties shall have the right to proceed to court.
15. LIMITATION OF LIABILITY
15.1 Our responsibility for loss or damage suffered by you whether you are a consumer or a business user:
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do
so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation as set out below.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of
any products or Courses to you depending on if you are a business user or a consumer.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with consequential, indirect or special losses for any of the following (whether direct or indirect):
- a) loss of profit;
- b) loss of use ofdata.
- c) loss of use;
- d) loss of production;
- e) loss of contract;
- f) loss of opportunity;
- g) loss of savings, discount or rebate (whether actual or anticipated);
- h) harm to reputation or loss of goodwill.
All warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
If you are a consumer user:
Please note that we only provide our products and Courses for domestic and private use. You agree not to use our site, products or Courses, for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.3 Notwithstanding any other provision of this Contract, our liability shall not be limited in any way in respect of the following:
- a) death or personal injury caused by negligence;
- b) fraud or fraudulent misrepresentation;
- c) any other losses which cannot be excluded or limited by applicable law;
16. DATA PROTECTION
18. GOVERNING LAW AND JURISDICTION
18.1 This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
18.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
19. CONTACT US
If you wish to complain please contact us at:
The Spirit Lab Administration Office: Vision House, 3 Dee Rd, Richmond, London TW9 2JN, United Kingdom email@example.com Company Reg No: 08940797 VAT Number: GB 183 4913 89
20. ENTIRE AGREEMENT
This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
21. CONDUCT OF STUDENTS
21.1 Conduct of Students must be professional and in accordance with the law of Enlgland and Wales at all times, being drunk, intoxicated or committing acts of misconduct or violence whilst in training or on any of the Courses, shall not be tollerated and you shall be subject to disciplinary action, upon which you may be dismissed from the school and provided with no refund of the fees or deposit.
21.2 Students are required to attend the Courses on time and no more than 15 minuntes late without a vaild reason, or they can be refused access to the Course.
21.3 Students shall be required to have a record of 90% attendance to sit the WSET exams, or such exam sittings can be refused and no refunds shall be given of any fees or deposit
21.4 Students are required to obtain before they book a Course a vaild visa to study in the UK, or a vaild work visa. The Spirit Lab shall not be liabile or able to enroll Students without such a visa being produced. No re-fund shall be given to any Students that book a Course or Courses without a vaild visa on the basis that they are unable to attend such Course or Courses due to them having no right to study in the UK.
21.5 Students are required to start and enroll on their Courses in good time and failture to attend or do so, shall enable The Spirit Lab to cancel your Course place where no refund shall be given for your fees or deposit.
This Contract may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
23. Force Majeure
23.1 Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation:
(a) acts of God, plood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war,
armed conplict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
(f) collapse of buildings, pire, explosion or accident; and
(g) any labour or trade dispute, strikes, industrial action or lockouts;
(h) interruption or failure of utility service.
if a party is prevented, hindered or delayed in or from performing any of its obligations under this Contract by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
The Affected Party shall:
(a) as soon as reasonably practicable after the start of the Force Majeure Event but no later than 14 days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Contract; and
(b) use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations.
23.2 If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than 4 months the party not affected by the Force Majeure Event may terminate this Contract by giving 2 weeks’ written notice to the Affected Party.
If you have booked your Courses via the REED website, the Cancellation policy below applies: Under this Terms and Conditions of Supply, you may cancel your purchase of the Courses within the period of 14 calendar days from the date on which the contract of purchase is concluded.
This is called a (“Cancellation Period”). Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the Course materials and you acknowledge that you lose your right to cancel the purchase of the Courses and get any refund for it.
In case you decide to cancel your purchase of a Courses, it can be done in the following way:
By pilling out Cancellation Form and sending it via mail to: firstname.lastname@example.org
If you cancel the purchase of a Course within 14 calendar days as mentioned above, we will refund you for all payments made as a part of your purchase within 14 calendar days from the day we accept that you are entitled to a refund.
By agreeing to these Terms and Conditions of Supply above, you are required to have reference to and comply with and complete as required, the following Spirit Lab policies:
- Quality Assurance Policy
- Organisation Chart
- Malpractice and Maladministration Policy
- Learner Feedback Forms
- Complaints Procedure
- Appeals Procedure
- Equality and Diversity Policy
- Health and Safety Policy