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BOOKING POLICY
Terms and conditions of supply
BOOKING POLICY
Application
This Booking Policy applies only to those aspiring solicitors who purchased Practice and skills lectures with us.
Common Group Schedule
The aspiring solicitor who purchased an OSCEsmart package is automatically allocated to the OSCEsmart Study Group preparing for the specific OSCE exam indicated by the candidate while registering for the course. The mock exercises in the candidate's package shall be booked and completed by the end of such QLTS OSCE exam as per common group schedule. All the mock stations not completed by that date shall expire, and the candidate shall not be entitled to any refund.
The candidates who purchased Package A ‘Double’ must complete their first round of interviews before the start of the intensive preparation period for their respective Study Group.
OSCEsmart may consider transferring a candidate to the next study group subject to reasonable notice received from the candidate more than 30 calendar days prior to the beginning of the intensive preparation period for the respective OSCE exam. In case of the transfer after the deadline, a reasonable transfer fee may apply.
The transfer deadline for Nov 2019 is 6 August 2019.
The transfer fee from Nov’19 to May’20 is £100
Intensive period for Nov 19 starting on 6 Sep 2019
Access to the Theory
You will be granted access to OSCEsmart materials in the Theory section after we receive the payment. The access will be available until you pass the QLTS OSCE, but no more than 8 consecutive months. Upon your request, the access may be extended, subject to you acting in good faith.
Please be warned that OSCEsmart materials in the Theory section do NOT substitute books and manuals which constitute the main source of theoretical knowledge. The materials offered on OSCEsmart website are meant to facilitate the candidates’ preparation for the QLTS OSCE, and to provide them with a better understanding of the exam.
Trust and IP Rights
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 and/or impliedly accepts his or her willingness to hold the material(s) and our Smart Methodology on trust for OSCEsmart. Transfer of the materials or disclosure of their contents, record them by any means, except on our express written permission, 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).
Confidentiality and Privacy
Please note we treat all the information regarding your preparation and training for the QLTS OSCE exam as strictly confidential. We shall not disclose your personal information - including the information you provided us with in the course of preparation, your preparation results and marks, as well as other data - to any other QLTS OSCE training provider, to the Assessment Organisation or the Regulator. However, we reserve our right to refuse Service at any stage of your preparation if we identify a reasonable risk of breaching the SRA Code of Conduct or other dishonest behaviour.
As some of the Services provided by OSCEsmart include group activities, by accepting this policy and other regulations you authorise the sharing of your personal data with other members of the Study Group(s) to the extent required for the provision of the Services. You can refuse to give the consent or withdraw your consent, but this will mean that you are unable to participate in the study programme.
Trade
1. Having developed an original training ‘Smart Methodology’ and system of work that constitutes a trade secret (know-how) of which candidates become aware in the course of preparation, OSCEsmart seeks to protect our legitimate proprietary interest, as well as the interests of our existing and future students.
2. The aspiring solicitors who purchased OSCEsmart lectures on skills and exam techniques, and/or the Practice component (client interview, advocacy/presentation, exercises in legal drafting, legal research, and legal writing), undertake that they shall not during the subscription and for a period of 2 consecutive years after the completion of OSCEsmart course:
(i) establish or run a similar online training course for the QLTS OSCE or the Solicitor Qualifying Examination;
(ii) advise or consult as to establishing or running a similar online training course for the QLTS OSCE or the Solicitor Qualifying Examination; or
(ii) solicit OSCEsmart contractors, customers or employees.
3. For the purposes of clause 2, ‘a similar online training course’ means a course that:
(i) uses the same or similar business model and training structure as OSCEsmart;
(ii) is conducted by means of Internet connection (with or without application of VPN) in the markets of China, Honk Kong, India, Indonesia, Japan, Malaysia, Russia, Singapore, UAE and the UK; and
(ii) actually or potentially applies OSCEsmart know-how or materials, in whole or in part.
4. For the purposes of clause 2, ‘the completion of OSCEsmart course’ means access to OSCEsmart study materials placed on qltsosce.co.uk and any other resources or data provided to the candidate in writing, orally or electronically as part of her/his preparation for the examination (QLTS or SQE).
5. In case the respective court deems the provisions of this clause unreasonable, it shall have powers to amend this clause in order to save it.
Mock Rescheduling
We have a 24-hour rule, which means that after we have scheduled any mock station either via Google calendar or via Google classroom, it may not be cancelled, and may be rescheduled only if requested by the candidate no less than 24 hours prior to the scheduled time, subject to slots’ availability.
Mock Cancellation
A candidate may cancel a mock exercise only if it was purchased NOT as part of a package, and only prior to being served with the mock instructions/scenario, subject to Mock Rescheduling policy above. In this case the fee for the individual mock exercise is refundable, subject to a 30% cancellation fee if the cancellation was not through the fault of OSCEsmart. The candidate will bear the refund costs, unless the cancellation was through the fault of OSCEsmart.
IT User Skills
You are responsible for having appropriate internet connection and speed, as well as for arranging adequate working conditions by the agreed time of your mock session. Our preferred methods for conducting individual exercises are Skype and Google Hangouts. You are expected to have IT user skills up to the standard of a newly qualified solicitor. We do not teach IT, neither do we provide IT tutoring.
Submitting questions
We are happy to help the candidates with relevant questions - the questions can be submitted via a weekly Facebook chat open at the previously announced time and WhatsApp group forum. The candidates’ questions submitted via chat will be addressed in OSCEsmart online webinars and seminars conducted on a monthly basis.
We do not provide individual tutoring, except during advocacy/presentation mock stations within the scope of the given area of law, and within the time allotted.
Session duration
The session duration for Part 1 individual mock stations is 45 minutes:
(i) interview - 25 minutes for the interview and 20 minutes for the mock client’s individual feedback;
(ii) advocacy/presentation - 15 minutes for the candidate’s delivery and 30 minutes for the solicitor’s individual feedback and analysis.
LexisLibrary and Westlaw Subscription
Please note, our packages do not include access to the Lexis or Westlaw. As a result of our successful negotiations with Westlaw, we can provide our students with Westlaw access until the end of the Study Group for which they are subscribed at £200. However, this Westlaw access is limited as to the sources and does not include annotations and books such as, for example, White Book or Chitty on contracts. We do not bear any responsibility for the things outside of our control.
Prevailing Provision
If there is any conflict or inconsistency between this Booking Policy and any other Regulations at qltsosce.co.uk, this Booking Policy shall prevail.
Severance
If any term or provision in this policy shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of this policy and the enforceability of the remainder of this policy shall not be affected.
Surviving Provision
The termination, end or expiration of our Services shall not affect any of our intellectual property rights or your obligations to hold on trust our QLTS OSCE Study Materials and other similar obligations which may have accrued prior to such termination and shall remain in force.
Changes
We may revise this policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this booking policy may also be more particularly described by provisions or notices published elsewhere on our site.
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