Last updated: 23-Feb-2018
We will permit you to use our awesome website and courses if you promise to only use your powers for good and not evil. In other words, follow our rules, pay your course fees on time, don’t misuse our stuff, don’t share our course material with other people, don’t spam people, harass them, be a jerk, or do other things that you know you shouldn’t be doing with or while studying with Formula Botanica. In return, we’ll work hard to give you a great learning experience and outstanding customer service.
By enrolling for or studying on any our courses and/or using any of our websites, you agree to these Terms & Conditions and also this Earnings Disclaimer.
1.1 The terms ‘student’, ‘graduate’, ‘applicant’, ‘enrolee’ all refer to you, the paying client and/or customer.
1.2 Formula Botanica may also be referred to as ‘us’, ‘the school’ or ‘the college’ and other such terms to differentiate between ‘us’ (the school) and ‘you’ (the applicant/student). All these terms refer to the business owned by Herb & Hedgerow Ltd, a company registered in England, registered number 07957310, with registered offices at Wadebridge House, 16 Wadebridge Square, Poundbury, Dorchester, Dorset DT1 3AQ, UK.
1.3 “Ecourse” refers to any of our homestudy program of distance learning course materials. For clarity the terms ‘ecourse’ ‘distance learning’ ‘elearning’ ‘correspondence course’ and ‘homestudy’ are interchangeable and refer to any of our course which that you study at home and not in a physical property or venue with us present.
1.4 The terms ‘materials’ ‘modules’ ‘downloads’ ‘lessons’ and ‘coursework’ refer to the electronic documents and supporting information (such as slideshows/videos) that are provided for your studies.
1.5 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.6 “VLE” is an abbreviation of Virtual Learning Environment and refers to the online resource library that you, the student, can login to access your course materials and lessons. Also referred to as the ‘student login area’ or ‘course software’.
1.7 “Learning Agreement” refers to these terms and conditions and is deemed a legally binding contract as soon as enrolment has been completed and fees paid.
2.1 These Terms and Conditions shall apply to all contracts for the supply of E-courses by Formula Botanica to its students.
2.2 We reserve the right to change these terms and conditions at any time.
2.3 All of our Course Materials and Tutor Materials are provided in English as this is the language most of our students work in.
3 ENROLMENT, PAYMENT & CANCELLATION
3.1 Enrolment is not considered complete until payment has been made (either deposit for instalments or full payment) and has cleared.
3.2 Cancellation and refund policy: Your statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in the UK means that you waive your cancellation right once you have accessed any of your digital content in Formula Botanica’s courses. However, we recognise that life sometimes throws unexpected events at us, so we offer you a 30-Day Money Back Guarantee as long as you have not completed more than 25% of your course.
3.3 If you enrol for a package of courses, then we will only refund you if you’ve completed no more than 25% of the first course in your package. Email is accepted as a formal written request for cancellation.
3.4 We do not issue any refunds for payments made by bank transfer. You will only qualify for a refund if you purchased the course/program using our eCommerce system.
3.5 Refunds are not awarded to students who failed the course/program they were enrolled in.
3.6 Use of cheating and/or plagiarism in your course assignments will result in an automatic fail with no refund option. Any students found stealing or sharing course material will also automatically be removed from their courses and from Formula Botanica’s community with no refund.
3.7 Formula Botanica trades in British Pounds (GBP) – symbolised by the £ Sterling sign. When payments are made in foreign currencies, we reserve the right to charge 1.5% in handling fees.
4.1 When you sign up to a payment plan with Formula Botanica, you agree to pay your instalments on time as part of the recurring payment plan you have signed up to. Instalments are then deducted automatically from your card or PayPal account on a monthly basis until the full course fees have been paid.
4.2 If you pay through the use of instalments and fail to meet your regular payments, then your account will be temporarily suspended and you will be contacted directly to try to resolve the issue. Our system suspends your course access automatically, so please be aware that the moment your instalment payment fails you no longer have access to your courses.
4.3 We are very flexible and accommodating, but if you make no effort to communicate with us to resolve the issue then if further payments are then not provided within a period of 14 days, you will be moved to a course of lesser value or removed from your course and refunded.
4.4 When moving you to a course of lesser value after you’ve defaulted on your instalment payments, the total value of your instalment payments will be treated as a full price payment and not a discounted special offer. In other words, if you signed up for the International Organic Skincare Entrepreneur Program with 30% discount but fail to meet your regular instalment payments, then no discount will be applied to the courses to which you are transferred.
4.5 Instalment payments cost more than payment in full to reflect the administrative burden of chasing late payments. We charge a £30 admin fee on top of each instalment payment.
4.6 Refunds are not available on instalment payments unless they fall within the initial 30 days of you enrolling for your course, as stipulated by our 30-Day Money Back Guarantee.
4.7 We do not accept any instalment payments by bank transfer.
4.8 Formula Botanica may collect payments from you using reference transaction through PayPal. A reference transaction is a financial transaction from which Formula Botanica can derive subsequent transactions. When you purchase an item on the Formula Botanica website and use PayPal to make the payment, a transaction ID is generated. Formula Botanica will then use the transaction ID later to initiate a subsequent transaction, i.e. recurring monthly or yearly subscription charge. By agreeing to reference transactions, you permit Formula Botanica to take the relevant payment for each course/product using a reference transaction ID from your first transaction to initiate subsequent transactions. The reference payment may be cancelled at any time by you, by logging into your PayPal account and cancelling the transaction.
5 EQUALITY & DIVERSITY POLICY
5.1 We have a strict Equality & Diversity Policy for enrolment and never discriminate against students on the basis of gender, ethnic origin, race, religion, age, disability or sexual preference.
5.2 Bullying or harassment is not permitted and such behaviour will result in suspension from Formula Botanica courses and failure.
5.3 Students must respect the equality and diversity policies outlined in the student handbook when interacting with fellow learners in the group.
6 COURSE CONTENT
6.1 We reserve the right to make changes to the advertised course materials at any time.
6.2 Formula Botanica warrants that the Materials will be of satisfactory quality but does not warrant that the Materials will be error free.
6.3 Formula Botanica’s definition of the word “natural” is as follows: a natural ingredient can be either:
a) purely natural, meaning the ingredient has retained the same chemical structure as its natural source and has not been chemically altered. Examples include cold pressed oils, or waxes.
b) naturally derived, meaning the ingredient was derived from natural sources but has been chemically processed in order to produce the final ingredient. Examples include emulsifiers, preservatives, solubilisers.
c) nature identical, meaning that the ingredient is chemically identical to its natural counterpart but has been produced/developed in a laboratory setting. Examples include certain chemical compounds found in preservatives.
6.4 By using, subscribing to, watching, listening to and accessing Formula Botanica’s website, courses, blog posts, videos, podcasts and any other materials, you agree to accepting our definition of the word ‘natural’.
6.5 Formula Botanica’s definition of the word ‘organic’ follows Ecocert standards. The school aims to use Ecocert ingredients in all of its sample formulations in order to standardise its organic teachings.
6.6 By using, subscribing to, watching, listening to and accessing Formula Botanica’s website, courses, blog posts, videos, podcasts and any other materials, you agree to accepting our definition of the word ‘organic’ but also accept that we may occasionally be required to deviate from Ecocert standards for practical and logistical reasons.
7 STUDENT SUPPORT SERVICES
7.1 During the learning period of each course, all students will have access to a private Facebook group with is monitored daily by Formula Botanica. The aim of the group is to provide an interactive learning space and peer support.
7.2 Personalised or one-on-one tutor support is not included with the courses. Please do not abuse the Facebook group by tagging Formula Botanica staff with direct questions unless it is for technical support.
7.3 Technical support arising from issues with our website, email, downloads or videos and related matters is unlimited via [email protected]
8.1 Formula Botanica implements a Course Extension Policy which is available to all current students in their Student Library on their eLearning platform.
8.2 All of Formula Botanica’s courses come with expiring deadlines, which relate to the date on which you enrolled for the course. We do not offer lifetime access because we invest heavily in our team, systems and our time, which means that ultimately we invest heavily in our students.
8.3 Extensions are granted at the discretion of Formula Botanica’s education department. All extension requests must be submitted in writing using our Extension Request Form which can be found in the Student Library in our eLearning platform.
9 TERMINATION OF SERVICE
9.1 If: (a) you fail to pay any amount due under this Agreement; (b) you breach any of the other terms and conditions, express or implied, of the Agreement; or (c) any information provided by you in the making of this Agreement proves to be incomplete or inaccurate, we shall be entitled, after the expiry of a Default Notice served on you, to terminate this Agreement.
9.2 If you fail to complete the course within the allotted timescale, you will be deemed to have failed the course and termination will be the end result [except where Extenuating Circumstances have been granted in accordance with clause 5]
9.3 Formula Botanica reserves the right to terminate this learning agreement with students who act inappropriately or otherwise bully, harass and cause offence to other students.
10 CODE OF CONDUCT
10.1 This code of conduct is part of the general terms and conditions that you accept when you enrol.
10.2 You commit to finish the course before the end date as given in the Student Handbook (unless extenuating circumstances have been granted in accordance with clause 5).
10.3 You commit to conduct yourself in a professional manner when using the student forum in any social media associated with Formula Botanica.
10.4 You commit to use the given channels of communication for student support as outlined in your student handbook and in these terms and conditions.
10.5 You commit to keep your login details safe and not to share, sell or otherwise distribute them to any third parties.
11 TUTOR TRAINING
11.1 If you are applying for our Licenced Tutor Training programme, you will be expected to sign a Tutor Licence Agreement upon successful completion the training.
11.2 This Tutor Licence Agreement sets out specific Tutor Code of Conduct requirements in order to protect the brand and reputation of Formula Botanica.
11.3 You will be expected to sign this Licence Agreement on an annual basis in order to maintain your Licence to teach Formula Botanica workshops.
11.4 After the first year of your Licence which is provided free as part of your Tutor Training programme, you will be expected to pay Formula Botanica £100 per year in order to maintain your Licence to teach Formula Botanica workshops.
11.5 After your Licence expires, you will not be permitted to teach Formula Botanica branded workshops. You will have a month’s grace period after the date expiry during which you can re-sign your Licence and pay your Licence fee. After that month has lapsed, you will need to retake the entire Tutor Training Program should you wish to regain your Licence.
11.6 After completion of your Tutor Training Program, you have a period of 6 months during which you can sign your Licence. Once that 6 month period has expired, you will need to retake the entire Tutor Training Program should you wish to be re-offered your Licence for signing.
11.7 You are welcome to brand your workshops using both your own business name and the Formula Botanica brand. Examples of branding include:
a. “A Formula Botanica workshop offered by [Your Business Name]”
b. “A [Your Business Name] training, by Formula Botanica”
12 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
12.1 All materials are copyright of Formula Botanica. All Rights Reserved. You promise not to share, sell, publish, copy or otherwise distribute our course materials to any third parties.
13.1 Students shall indemnify the School against all claims, costs and expenses which arise, directly or indirectly, from the Student’s breach of any of its obligations under this Agreement.
14 LIMITATION OF LIABILITY
14.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the School to Student in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees paid by the Student to which the claim relates.
14.2 In no event shall the School be liable to the Student for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the School had been made aware of the possibility of the Student incurring such a loss.
14.3 Nothing in these Terms and Conditions shall exclude or limit the School’s liability for death or personal injury resulting from the School’s negligence or that of its employees, agents or sub-contractors.
15 GOVERNING LAW AND JURISDICTION
15.1 This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
15.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).