Our Policies
Cancellation and Refund Policy
A candidate who cancels within 7 days of signing up for a qualification and before instruction begins will receive all monies returned to them. Thereafter, a refund will only be granted due to an emergency situation which will be considered and approved at the discretion of Brandon Thomas, the owner of Cultivate FLX. Once an exam has been ordered (at least 10 working days before the examination) a refund cannot be granted for any reason. If an examination has been ordered for the candidate and the candidate cannot make the examination, the candidate and Cultivate FLX will refer to the Special Considerations policy.
Cultivate FLX reserves the right to cancel any class before it begins for any reason. If a class is cancelled, all candidates will receive a full refund.
Complaint Policy
Cultivate FLX aims to provide a consistently excellent level of service to all candidates. Whilst every care is taken to ensure high quality standards, there may be occasions where we fall short. Where this is the case, we would like the opportunity to improve our service by listening and responding, taking any action that is needed to make mistakes right and to prevent them from happening again.
If you would like to raise dissatisfaction about our programs, the first step is to reach out to your Course Educator. At the beginning of each course, your introduction packet will include the contact information for your Course Educator. If a concern cannot be satisfactorily resolved, candidates may escalate their complaint to Brandon Thomas, owner of Cultivate FLX. He may be reached at learn@cultivateflx.com. Brandon Thomas will respond to the complaint within 48 hours.
When submitting a complaint, the complainant must provide the following:
- Name, address, and contact information.
- Full details of the complaint, i.e. the cause of dissatisfaction with operations, actions or behavior.
- All supporting information, i.e. relevant documentation, dates, locations, any witnesses.
- Details of any previous attempts to resolve the identified dissatisfaction.
- What action or response they seek to resolve the dissatisfaction.
Your formal complaint will be reviewed within 48 hours and we will take every possible step to rectify the issue within 5 business days. Once all avenues have been exhausted and the issue is not solved, the candidate may contact WSET at qa@wsetglobal.com
Diversity and Equality
Cultivate FLX promotes open access to WSET qualifications and will never discriminate unlawfully against anyone on the grounds of disability, age (having regard for the minimum alcohol consumption age), marriage and civil partnership, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. According to New York State law, we must limit access to WSET qualifications to those over the age of twenty-one due to the consumption of alcohol. Cultivate FLX will never ask or keep data based on any of the criteria above except for age. WSET Diversity and Equality Policy is available to candidates upon request.
Reasonable Adjustments
Both WSET and Cultivate FLX LLC 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 Cultivate FLX LLC 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 how WSET 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 candidate.
Cultivate FLX LLC 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 enrolment with Cultivate FLX LLC, 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, Cultivate FLX LLC 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 Brandon Thomas (learn@cultivateflx.com) with:
Your full name;
contact information;
description of the special need, disability or differing ability that requires an adjustment; and supporting documentation.
You must submit this information at least 30 business days before the exam date for Levels 1-3 qualifications and at least 40 business days 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.
Cultivate FLX LLC will keep records of all reasonable adjustment applications.
Conflict of Interest
As an APP Cultivate FLX LLC is required to identify to WSET and assist in managing or monitoring 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 Cultivate FLX LLC processes and procedures.
This policy applies to all Cultivate FLX LLC staff and students and to any individual acting on behalf of Cultivate FLX LLC.
A Conflict of Interest exists where an individual has interests or loyalties that could adversely influence their judgement, objectivity or loyalty to WSET or Cultivate FLX LLC 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 family member of one of Cultivate FLX LLC’s educators or APP staff takes a qualification and exam through Cultivate FLX LLC, or when an employee of Cultivate FLX LLC, or of the WSET, takes a WSET qualification through Cultivate FLX LLC, we can notify WSET in advance and work with them 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 overcome the conflict created when an individual 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 Cultivate FLX LLC who becomes aware of a Conflict of Interest must inform Brandon Thomas as soon as possible. Brandon Thomas 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 Cultivate FLX LLC determine the conflict is not manageable, Brandon Thomas 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 Cultivate FLX LLCbecause we are required to report conflicts to WSET.
Special Considerations (During Examinations)
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 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 or illness, or other uncontrollable event that has interfered with your ability to complete your exam, please contact Brandon Thomas (learn@cultivateflx.com) as soon as possible. Cultivate FLX LLC will provide you with a Special Consideration Application Form, which must be completed and returned with supporting documentation within 7 business days after the effected 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, Brandon Thomas will submit a detailed report of the circumstances and candidates affected to WSET to request a special consideration.
Cultivate FLX LLC will keep records of all applications for special consideration.
Malpractice and Maladministration
Both Cultivate FLX LLC and WSET have policies and procedures in place to protect WSET students and safeguard the integrity of WSET qualifications. Cultivate FLX LLC ensures compliance with Cultivate FLX LLC’s 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 Cultivate FLX LLC 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; and
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 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 APPs:
- 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 effect;
- 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 Cultivate FLX LLC staff and our students should treat others and be treated professionally and respectfully at all times. We 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 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 Cultivate FLX LLC 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 or maladministration, 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 Cultivate FLX LLC as soon as possible by following the process outlined in our Complaints policy.
During WSET’s investigation, they may reach out to Cultivate FLX LLC or to you directly to request further information or conduct an interview. Please respond to any requests promptly and honestly.
Managing Non-Compliance
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.
WSET will consider all relevant information on a case-by-case basis, balancing the facts with potential or actual effects, and against the seriousness of the sanctions against those effects. WSET records all malpractice and maladministration incidents for both APPs and students. If WSET determines that a student has committed malpractice or maladministration, they may apply one or any of the following sanctions:
Sanctions Applicable to Students/Candidates | |
Sanction | Description |
Written Warning | The student is issued with a written warning that if the offence is repeated within a set period of time then further specified sanctions will be applied. |
Exam Result Declared Null and Void | A student’s exam result is disallowed. This may include invalidation and recall of a certificate already issued. |
Disqualification from a Qualification | The student is disqualified from participating in the concerned qualification with immediate effect and further excluded from participating in any further WSET qualifications for a period of 12 months. This includes access to WSET materials. |
Student Disqualification | The learner is disqualified from participating in any courses or assessments leading to WSET qualifications. This includes access to WSET materials. |
Disqualification from use of WSET certified logos and postnominals | Actions bringing WSET into disrepute may result in the student or graduate being barred from use of WSET postnominals and WSET certified logos. |
Appeals
If you wish to appeal penalties or sanctions WSET has imposed due to Malpractice or Maladministration, please follow the procedures laid out in WSET’s Complaints Policy.
Data Collection and Protection
Cultivate FLX is committed to protecting your privacy and data. At all times we aim to respect any personal information you share with us, or that we receive from others, and keep it safe.
Cultivate FLX is required to share your name, date of birth and email address for all candidates taking a WSET examination to WSET Awards. By signing up for a qualification, you agree to allow Cultivate FLX to share this information to WSET.
In addition to our Data and Privacy Policies, reference WSET Privacy Policy.
Data Collection: We collect your data when you subscribe to our newsletter, register for a qualification, or through online systems when you use a website or mobile application commonly referred to as cookies.
Consent: We will always ask for your consent if we intend to use your personal information for a specific purpose. You always have the right to withdraw your consent.
Contract: It may be necessary to use your personal information to fulfil a contract. For example, when you sign up for a qualification, we ask you if we can share certain personal information with WSET. We also ask if you have read our full policies page and agree to it.
Marketing Communications: We will never send you marketing communications unless you have requested to receive so from us. If you have signed up for a qualification, we must have the ability to reach you either through email or phone in order to properly conduct the program. At any time, you are able to opt-out of any marketing communications from us.
Keeping Your Data Safe: We will ensure that any of our third party services (Google, WordPress, etc) meet high security standards. Physical records for each candidate, as required by WSET, will be kept secured and locked. We are required to keep your name, contact information, birth date, candidate number, dates of program, program attendance records, examination dates, and list of wines used during a candidates program. This information is also available to you in case a candidate requests this information.
If you have any additional questions or concerns about your data and privacy, please contact Brandon Thomas, Owner of Cultivate FLX at learn@cultivateflx.com.