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, 21C Simei Street 4, #09-50 Double Bay Residence, Singapore 528720, 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(s) for Part1 of QLTS OSCE (client interview and attendance note, advocacy/presentation) and Part 2 mocks stations (legal research, drafting and writing), subject to Booking Policy displaced at qltsosce.co.uk website and Booking Policy applicable to a study group to which you are assigned;
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 (Materials) - any Products and materials obtained by you in the course of provision of ‘OSCE SMART Services', including our Smart Methodology;
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 accessed via the website, Google products and other facilities.
Important legal notices:
1. Notice to all third parties:
This is a legal notice to all third parties partnering with OSCEsmart current, past or future candidates (Candidates) in any way and for any purpose. Throughout the years of providing tutoring and coaching service for the QLTS OSCE, we have developed our own methodology, approach, tips and various other oral and written materials as defined in OSCEsmart Terms and Conditions of Supply - QLTS OSCE Study Materials. In the light of the upcoming SQE, we are forced to protect our intellectual property rights to the above Materials.
As part of training, we inevitably have to share the Materials with OSCEsmart Candidates for the sole purpose of their preparation for the qualification exam. Holding these Materials on trust for OSCEsmart, the Candidates are expressly forbidden to use them for any other purpose, in particular for providing any training services, directly or indirectly. Any unauthorised use of the Materials or assistance to the wrongdoer(s) by a third party, as well as the Candidate’s use of the Materials for purposes other than the intended purpose, is strictly prohibited. If a third party breaches the above without our express written permission, it shall amount to ‘Strangers intermeddling with trust property’ - which may have an adverse effect on the future of the business involved.
On a separate note, we remind that amongst other things, solicitors of England and Wales have to meet character and suitability requirements, and act in compliance with the Codes of Conduct. On the other hand, as solicitors, we have a related duty to act in the public interest and report misconduct by any person or firm authorised by the SRA. At the same time, we will consider each matter on a case-by-case basis and shall not undertake any steps until we have reasonable grounds to believe that the breach has occurred. Therefore, we do not waive any of our rights to bring the claim and to report the wrongdoer(s) we may suspect to the SRA.
That being said, we urge everyone to act honorably and lawfully.
To check whether a person belongs to the Candidates, please send an email to email@example.com
2. Notice to Aspiring Solicitors / Candidates: 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.
While every effort has been made to ensure the accuracy of the information in our Products, it does not constitute legal advice and cannot be relied upon as such. We do not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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 firstname.lastname@example.org
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 (as per the Booking Policy which applies to 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.
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 of digital content, consisting of mp4 video lectures, Microsoft Word or PDF Attachments (“Theory”), which will be available until you pass the QLTS OSCE, but no more than 8 consecutive months from the date of the payment confirmation. On your request we may extend the access. Please note, the Theory is guidance purported to facilitate your preparation for the QLTS OSCE and to give you better understanding of the exam, but it does not preclude you from extensive reading of the books and manuals, Practic and other self-preparation; and
- Practical training for the QLTS OSCE in the form of individual Part1 and Part2 mock stations (“Practice”). Part1 covers the client interview and advocacy/presentation - real-time, online sessions with a tutor for a particular practice area (business, property, probate, civil or criminal litigation). Client interviews may be supplemented by either a suggested answer to the attendance note, or an individually marked handwritten attendance note. Part2 consists of individually marked legal research, writing and drafting exercises conducted similar to the QLTS OSCE exam conditions. All the mocks may be of different levels of difficulty. After the mock, the Candidate’s delivery is marked by the assessor and provided with tailored feedback, except the suggested answer to the attendance note. Please note, even though we try to stick to the marking criteria similar to those used in the exam, each attempt to pass any part of the QLTS OSCE depends on many factors. Our marking is only intended for study purposes and for providing Candidates with general guidance - it may not be fully identical to the actual exam marking. So, it must not be relied on as a propensity to pass or fail the QLTS OSCE.
- Other related services, such as sale of books and manuals, webinars, workshops 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 match the description of it that we provided to you before you bought it. You are solely responsible for making sure that you are using the latest update to the materials available on the website.
6.1 Price. The price of the OSCE SMART Service and packages will be as displayed to you on our site. Each part of the QLTS OSCE Practice service is a separate service and to be paid separately for the price specified even if it is 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, subject to other provisions of this terms.
- If the product is Practice service. All the mock stations are subject to the Booking Policy. We will also make the related digital content and materials available to you reasonably in advance before the actual session, together with our instructions guiding you as to timing.
- If the products are goods e.g. books and manuals, databases. If we have some special arrangements with publishers and databases, we will provide you with any related information upon your request. Please note, any arrangements we have with third parties are subject to changes and by accepting these terms you acknowledge and accept it.
- 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 Zoom, 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 good IT user skills up to the standard expected from 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 provide any relevant information or if the information you give is incomplete or incorrect, we may refuse the Service and/or shall not be responsible if supply of the Services does not take 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 OSCEsmart Services in the following cases:
- to resolve technical problems or make technical changes;
- to update the product to reflect the changes in relevant laws and QLTS OSCE regulatory requirements;
- to make changes to the product as requested or pointed out by the Candidate(s); and
- if we have grounds to believe that the Candidate does not meet the SRA requirements to qualify as a solicitor or sit the exam - in particular, the character and suitability requirements. That can apply in cases when we have grounds to believe that the Candidate has lied to us or engaged in any other similar misconduct, or in cases when it is hard to establish a comfortable tutor-student match.
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 with 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. You hold our QLTS OSCE Study Materials on trust.
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 When the Candidate can end/change the contract/order with us. Your rights when you end the contract/order will depend on your purchase:
a. Practice purchased individually or in a Package is regulated by OSCEsmart Booking Policy which may be tailored to a particular sitting (Study Group) to which the Candidate is assigned.
b. In all other cases (if we are not at fault), the fees paid are not refundable, and the Candidates agree they shall not have the right to cancel the purchased Product(s) once its delivery has started. In this case, under the Consumer Protection (Distance Selling) Regulations 2000, the Candidate shall not be entitled to the refund, unless the Product(s) is proved substantially defective. In such a case we will consider each matter on its own merits in accordance with the governing law.
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 (c) below the contract will end immediately and we will refund you in full for any Service or related products which have not been provided/released to you yet, unless we agree to re-arrange it. The reasons are:
- there is a risk that supply of the products may be significantly delayed because of events outside our or your 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; or
- you have a legal right to end the contract because of something we have done wrong.
7.3 When the Candidates do not have the right to change their minds. The Candidates’ right to change their minds as consumers does not apply in respect of:
- mock stations purchased and instructions released to the Candidate;
- OSCEsmart digital products after the Candidate has started downloading or streaming them;
- OSCEsmart services upon their completion, even within the cancellation period;
- OSCEsmart sealed audio or video recordings, or sealed computer software, once these products have been provided and unsealed by the Candidate;
- any OSCEsmart Product under £201;
- any OSCEsmart Product which becomes inseparably linked to other items after their delivery; and
- other limitations imposed by the legislation.
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 and details of the order and contact details.
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.
8.2 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 same method, which you used to pay us or other method agreed by us.
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 decision of the refund is made upon your request. Such a decision shall not be unreasonably delayed. Any method of 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 have not yet been provided, only if you have not yet sitten the QLTS OSCE exam, which you have identified when subscribed for the course.
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 email@example.com
12.1 Where to find the price for the product. The price of the Product (VAT is not charged) will be the price indicated in the PRICES AND PACKAGES and confirmed in the invoice issued to you. We do our best to ensure that the price of the product advised to you is correct. However if you discover an error in the price of the Product you order, please contact us before paying.
12.2 Timing and method of payment. We accept online payments and bank transfers. The payment for the OSCEsmart Services you are purchasing must be made before you download them or before we start providing them. The payment for the Theory component can be made using an e-commerce online payment. The payment for the Practice component or any package including the Practice component, must be made only upon receiving a valid invoice from us. Please note, all the transaction fees and charges are to be paid by you. When paying in breach of this provision, or paying the wrong amount, you shall bear the return fee which will be calculated as follows:
£100 per hour of arranging the return, cancelation or refund, set as applicable:
(i) £100 minimum fee; and
(ii) £600 maximum fee.
We also reserve the right to deduct the return fee from the amount paid by you and return the remainder.
12.3 Rates of exchange. Our prices are in Pound sterlings. We may issue invoices in other currencies, subject to current rates of exchange and the invoice shall be regularly updated if not paid and the rates changed. The rates we apply may be found on www.xe.com
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 OSCE SMART Services.
13.4 We are not liable for your business losses or consequential 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. Disclosure of any questions related to particular fact patterns anybody has had at the actual OSCE exam is 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