Terms & Conditions of Supply
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Who we are and how to contact us
qltsosce.co.uk is a site operated by LEOPINION PTE. LTD, Reg No 201804437K, 70 Bayshore road #13 ‐ 07 Costa Del Sol, Singapore, 469987, trading under the name OSCE SMART or qltsosce.co.uk ("We").
To contact us, please email firstname.lastname@example.org
Who you are or to whom me provide our products. Our user is a natural person, who is a candidate for the QLTS OSCE exam (“You”).
Practice - practical training for the QLTS OSCE exam in form of online mock exam for interview, advocacy and legal research, which is subject to the Booking Policy displaced at the qltsosce.co.uk website;
Practice Areas – Business law, Law of Property, Probate, Civil Litigation and Criminal Litigation;
Product(s) - Services and books, manuals, webinars and other as may be from time to time amended;
OSCEsmart Creative Commons License - public copyright licenses that enable the free distribution between members of the OSCEsmart community of written works prepared for the OSCEsmart case studies simulations;
Service(s) – as defined in clause 3.1 (a) and (b) of the TERMS AND CONDITIONS OF SUPPLY also referred as ‘OSCE SMART Services’;
QLTS OSCE Study Materials - any Products and materials obtained by you in the course of provision of ‘OSCE SMART Services';
QLTS MCT exam – as defined at https://qlts.kaplan.co.uk/the-assessment/mct
QLTS OSCE exam - as defined at https://qlts.kaplan.co.uk/the-assessment/osce
Theory - theoretical guidance part for self-preparation for the QLTS OSCE exam by means of digital content, consisting of mp4 video lectures, Microsoft Word or PDF Attachments.
Important legal notice: Please note, we track users attempting to sign in with alternate credentials, from unusual places or at strange times. By using our Products and Services, you expressly agree not to provide access to OSCEsmart materials to any third party. Any intended recipient of the QLTS OSCE Study Materials by opening and/or using expressly or impliedly accepts his or her willingness to hold the material(s) on trust for OSCEsmart. Transfer of the materials or disclosure of its contents is strictly forbidden and shall amount to breach of contract and trust.
You acknowledge that if you breach, or if we have reasonable grounds to suspect that you have breached this provision, OSCEsmart may terminate or suspend your right to use its materials. Being an intellectual property infringement, such behaviour is deemed to be dishonest and against the Theft Act 1968, and as such will be reported to the SRA which may adversely affect your future admission.
We reserve the right to refuse service to anyone (fully or partly) and not obliged to provide the reasons.
1.1 What these terms cover. These are the terms and conditions on which we supply our services on preparation guidance and practical training for the QLTS OSCE exam.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information related to the QLTS OSCE exam. If you think that there is a mistake in these terms or require any changes, please contact us to discuss email@example.com
2.1 How we will accept your order. Our acceptance of your order will take place after we accept your payment and send you the confirmation email, at which point a contract will come into existence between you and us. In the case of the Practice, please note, that the date/time arrangements shall be reconfirmed in a separate email in order to become a term of the contract.
2.2 If we cannot accept your order. If we do not accept it, we either refund you or offer you different arrangement/terms e.g. date/time of the mock training. For example, this might be because we have identified an error in the price or because we are unable to meet the date/time for the QLTS OSCE mock exam you have chosen from the given calendar, which is provided only for the estimation purposes.
2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.1 Types of Services and other products for the QLTS OSCE exam. There are such types of Products and Services:
- Theoretical guidance part for self-preparation for the QLTS OSCE exam by means digital content, consisting of mp4 video lectures, Microsoft Word or PDF Attachments (“Theory”), which will be available until you pass the QLTS OSCE, but not more than 8 consecutive months since the date of the payment confirmation. On your request we may extend the access. Carefully notice – it is only guidance purported to facilitate your preparation for the QLTS OSCE and to give you better understanding of the exam, it does not preclude you from extensive reading of books and manuals and other self preparation; and
- Practical training part for the QLTS OSCE exam in form of mock exam for interview, advocacy and legal research (“Practice”), which is real time, online, one-time service-training for particular practice area (business, property, probate, civil or criminal litigation) in regard oral part of the QLTS OSCE exam and/or legal research, writing and drafting out of the written part, conducted close to the QLTS OSCE exam conditions and may be of different level of difficulty. After the mock you will be marked by the assessor and provided with the feedback. Carefully notice – nonetheless the marking is close to the exam conditions, each attempt to pass any part of the QLTS OSCE exam depends on many factors and involves a unique fact pattern. So, the marking given by the assessor is only for the preparation purpose in order to help you to improve your skills. So, you should not RELY ON or assume that the score obtained at the mock guaranties you the same score at the actual exam.
- Other related services, such as sale of books and manuals, webinars etc.
If you wish to make a change to the Service you have ordered please contact us. We will let you know if the change is possible. Subject to reasonable notice, it is possible to make change only to Practice, but not to Theory service. However, we will consider each application on its own merits and if it is reasonable, approve the change to Theory service. If it is possible, we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. In order to request the change, please email to us.
5.1 Minor changes to the Services. We may change the Services:
(a)to reflect changes in relevant laws and regulatory requirements for the QLTS OSCE; and
(b)to implement minor technical adjustments and improvements. These changes will be treated as improvements.
5.2 More significant changes to the service. Significant change to the service may take place in order to reflect the significant change to the QLTS OSCE or its part. If we are unable to substitute the change with the respective amended material, we will notify you and you may then contact us to end the contract and will receive the refund reflecting the change in the service paid, which is subject to the significant change. Significant change – is a change, which essentially changes the methodology of a part of the QLTS OSCE exam, to such extend that over 30% substituted with a principally new approach.
5.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6.1 Price. The price of the OSCE SMART Service and packages will be as displayed to you on our site. Notice! Each part of the QLTS OSCE Service (Theory Interview, Theory Advocacy, Theory Research and Writing, Theory Drafting Business, Theory Drafting Property, Theory Drafting Probate, Theory Drafting Civil Litigations, Theory Drafting Criminal Litigations, Theory Business, Theory Property, Theory Probate, Theory Civil Litigations, Theory Criminal Litigations, each separated Practice session on advocacy, interview and research) is a Separate Service and to be paid Separately for the price specified even if sold in a package, which only entitles you to discount, but not to be treated as a single Service for a single price, including for the purpose of clause 7.3 (E).
6.2 When we will provide the Products. The Services and Products, as may be, shall be provided as follows:
- If the product is Theory service. We will supply the services of the respective digital content to you with all the further updates of the materials if any, for 8 consecutive months since the date of the payment confirmation or obtaining access whichever is the latest.
- If the product is Practice service. We will make the mock session with the assessor, subject to the Booking Policy, Package contents and other arrangments accordingly to your choice of the date and time in the calendar schedule available at the site and further confirmed by us in a separate email or re-agreed between you and us. We will also make the related digital content and materials available to you reasonably in advance before the actual session, together with our suggestions of when you should read them.
- If the products are goods e.g. books and manuals. If the products are goods we will deliver them to you as soon as reasonably possible after the day on which we accept your order and payment.
- If the product is other one-off service e.g. webinar, mock exam. The estimated date and time for the services is as told to you during the order process. The subscribers will be able to pay for an individual mock service only, when the final date and time is established or reasonably estimated and agreed and accepted by us.
6.3 We are not responsible for delays or issues outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. Brakes of internet connection, is among other, presumed to be such an event. Note! If ordering Practice, you are responsible for having appropriate internet connection and speed. Our preferred method for the Practice is Skype, however we may suggest any other video call method and it is your responsibility to ensure that it is in the working conditions by the agreed time of your mock session. You are expected to have IT user skills up to the standard of a newly qualified solicitor. We do not teach IT neither we provide IT tutoring.
6.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the best Service to you in regard to the QLTS OSCE, for example, your contact details reasonably required for arranging a mock session or qualification or LPC details required for the subscription. If you do not give us this information or if you give us incomplete or incorrect information, we will not be responsible for supplying the Services without taking into account the respective particulars.
6.5 Reasons we may suspend the supply of the Service to you. We may have to suspend the supply to of the OSCE SMART services:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements of the QLTS OSCE exam;
- make changes to the product as requested by you or notified by us to you; and
- if on reasonable consideration you do not meet the SRA requirements to qualify as a solicitor or sit the exam, for example, bad character issue when we discovered that you lied to us or other similar misconduct was brought to our attention or we struggle to match together as tutors and students.
6.6 You cannot use the Products for any commercial, business or re-sale purpose and shall be liable to us, among other, for any profits obtained as the result. You cannot use, disclose and otherwise provide any third party any information, QLTS OSCE Study Materials obtained through our website or otherwise and shall be liable to us to fully compensate any damages incurred by us as the result, notwithstanding if there is any contribution on our side.
6.7 Some written works which you voluntary submit with us, may be subject to OSCEsmart Creative Common License of which you will have a notice. By submitting those written works with us you enable its free distribution to any existing or future OSCEsmart candidates in consideration for the access to other OSCEsmart candidates’ works via our Google Classroom or other facilities.
7.1 You can end/change the contract/order with us. Your rights when you end the contract/order will depend on your purchase:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service replaced or a service re-performed or to get some or all of your money back);
- If you want to end or change your order for a Package. In case of a change or cancelation of a package you should provide us with a 14 days notice since the payment, but in any event not less than 24 hours before your first oral mock session is to take place, otherwise you shall be charged a cancellation fee in amount of 30%. If the change or cancelation is not due to our fault or force major circumstances, you shall bear the refund transfer expenses, including currency exchange rate and other reasonable return costs. Otherwise, we shall fully refund you or you shall not be charged any fee, subject to clause 8.1 (b)
- If you want to end or change your order for a mock session purchased as a part of a Package or not. You may re-arrange a scheduled mock by choosing another date and/or time or completely cancel it only if you inform us not less than 24 hours before the scheduled time. In case of re-arrangment you will be offered maximum 2 different timing options in order to choose one, reasonably similar to the timing of your initial order, taking into account the existing workload and schedule of the current group of candidates. If you inform us less than 24 hours before an oral mock (interview, advocacy/presentation) is scheduled and the cancellation or change is not due to our fault or force major circumstances, you shall forfeit the fee. In case of cancelation of a written mock (legal research, legal writing, drafting, attendance note or case analysis), which is not due to our fault or force major circumstances, you shall be charged cancellation fee in amount of 30% and you shall also bear the refund transfer expenses, including currency exchange rate and other reasonable return costs. Otherwise, we shall fully refund you or you shall not be charged any re-arrangement fee, subject to clause 8.1 (b);
- In all other cases (if we are not at fault) if you have obtained the Service or related Products, QLTS OSCE Study Materials and than changed your mind, you shall not be entitled to the refund, unless it is proved defective. In such case we will consider each matter on its own merits in accordance with the governing law. Notice! in case if there is disagreement between us and you, we may black list you for the further supply of the Services.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract/order for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Service or related products which have not been provided yet, unless we will agree for the rescheduling or other re-arrangements. The reasons are:
- there is a risk that supply of the products may be significantly delayed because of events outside our control and we are aware reasonably in advance. Significant delay – means such delay that you will not reasonably require the Service ordered;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
7.3 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- theory mock sessions ordered, subject to clause 7.2 (b);
- digital products of the OSCE SMART after you have started to download or stream these;
- services, once these have been completed, even if the cancellation period is still running;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
- a Product of the OSCE SMART under which the payment to be made by the consumer is not more than £42 and other limitations imposed by the legislation; and
- any OSCE SMART Product which become mixed inseparably with other items after their delivery.
8. How to end the contract with us (including if you are a consumer who has changed their mind). To end the contract with us, please let us know by email. Please provide your name, address, details of the order and, where available, your phone number and contact email address.
8.1 When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you ending the order for a mock session and it is due to our fault or due to force major, subject to failure by us to offer you a reasonable alternative. If you unreasonably refuse the offered alternative, you shall bear the costs.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
8.3 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid, by the method you used for payment or other method agreed by us. However, we may make deductions, as per clause 7.2 (b).
8.4 When your refund will be made. We will make any refunds due to you as soon as possible, but not exceeding 14 days since the disunion of the refund is made upon your request. Such decision shall not be unreasonably delayed. Dispute resolution and settlement between you and us is deemed to be reasonable delay for the purpose of this provision.
9.2 You must compensate us for any losses incurred by us as a result of your breach as per clause 9.1.
9.3 We may withdraw the Services. We may write to you to let you know that we are going to stop providing the OSCE SMART Service(s). We will refund the proportionate sums you have paid in advance for Services which will not be provided, unless you have already passed the QLTS OSCE exam.
10. If there is a problem with the product. How to tell us about problems. If you have any questions or complaints about the product, please contact us at firstname.lastname@example.org
11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example books or manuals, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
If your product is digital content, for example mp4 video lectures, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your product is services, for example a Theory mock session on Interview in Business, the Consumer Rights Act 2015 says:
See also Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013)
12.1 Where to find the price for the product. The price of the Product (VAT is not charged) will be the price indicated on the order pages when you placed your order with OSCE SMART. We use our best efforts to ensure that the price of the product advised to you is correct. However please if you discover an error in the price of the Product you order please contact us.
12.2 When you must pay and how you must pay. We accept online payment. You must pay for the OSCE SMART Services you are buying before you download them or before we start providing them.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or loss you should haves foreseen but failed to mitigate it. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 Our liability under this contract is limited to the sum of money paid by you to us for the Services. We will not be liable for damage which you could have avoided or for damage which was caused by your failing to correctly follow our instructions.
13.3 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the OSCE SMART Services.
13.4 We are not liable for your business losses. You cannot use the products for any commercial, business or re-sale purpose and shall be accountable and liable to us, among other, for any profits obtained as the result.
14.1How we will use your personal information. We will use the personal information you provide to us:
- to supply the OSCE SMART Services to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15.1 We may transfer this agreement to someone else. We may transfer or assign our rights and obligations under these terms to another natural or legal person. You will be informed by a reasonable notice at our site if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You cannot transfer or assign your rights and or the access to someone else. This contract is between you and us. No other person shall have any rights to enforce any of its terms instead of you. Breach of this term constitutes repudiatory breach of the contract.
15.3 You cannot ask for disclosure of the QLTS OSCE exam questions. Any questions related to particular fact patterns anybody has had at the actual OSCE exam are strictly forbidden. Note, disclosure of this information would be in breach of the QLTS OSCE Kaplan regulations.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract. These terms are governed by the law of England and Wales