|Definitions||‘We’ or ‘Us’ – LEOPINION PTE. LTD, Reg No 201804437K, 21C Simei Street 4, #09-50 Double Bay Residence, Singapore 528720, trading under the name ‘OSCEsmart’. To contact us, please e-mail [email protected] or [email protected] |
‘You’ – a user, an individual (aspiring solicitor or candidate) or a body corporate
‘Parties’ – We and You
Study Materials (‘Materials’) – any materials obtained by You in the course of provision of Services, including our Smart Methodology.
‘Services’ – training and guidance for the QLTS OSCE and SQE assessments (jointly or severally referred to as ‘Exam’) and sold as a single supply, including but not limited to:
(i) Theoretical guidance (‘Theory’) – digital content for self-study which includes videos, written notes and tables, sample questions and answers and other Materials purported to facilitate your preparation for the Exam. The theory also includes Materials for developing practical skills required for the Exam. The Theory may be purchased only together with Practice and/or Group sessions.
(ii) Practical training (‘Practice’) – active teaching via online individual training with personalised feedback delivered via mock simulations and designed as a client interview, attendance note, advocacy/presentation session, matter analysis, legal writing, drafting or research exercise. The Practice is aimed at developing your skills and improving your understanding of legal principles.
(iii) Events (group sessions) – real-time active teaching via online group activity of one of the two types below:
(a) Interactive – a live seminar (Online Seminar Group Session) or live lectures; and
(b) Non-interactive – a live-stream demonstration of SQE-based mock sessions conducted on the appointed date and at the appointed time (Legal Theatre).
In case of any inconsistency, respective Legal Theatre Terms will prevail over these Terms and Conditions.
(iv) Other related services, such as access to e-books and manuals, webinars, workshops, etc.
‘Smart Creative Commons Licences’ (‘Creative Commons Licences’) – public copyright licences that enable free distribution among the members (SQE or QLTS aspiring solicitors) of written works prepared by You for our case study simulations
‘Study Group’ – a group of aspiring solicitors preparing for the specific Exam sitting, as indicated by You when registering for the course
‘Mock Station(s)’ or ‘Mock(s)’ – simulated exam(s) based on the exam methodology aimed at developing the candidate’s legal skills and deepening the candidate’s knowledge of law
‘OSCEsmart’ – a registered trade mark registered with the UK Intellectual Property Office under Trade Mark Number: UK00003278052
‘Online Seminar Group Session’ (‘OSGS’ or Seminar) – an interactive group session aimed at developing practical skills required for applying the law to the facts given in the factual scenario(s). Each OSGS is focused on a particular area of law and its specifics, including the relevant substantive law.
‘SRA Code of Conduct’ – the SRA Code of Conduct for Solicitors, RELs and RFLs
‘Superexam platform’ – original software designed as virtual learning space and marketplace for the purposes of SQE2 training
‘Websites’ – qltsosce.co.uk, superexam.uk and the Superexam platform
‘Intellectual property rights’ – any and all intellectual property rights of any nature anywhere in the world whether registered, registrable or otherwise, including patents, utility models, trademarks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, know-how and any other intellectual property rights which subsist in computer software, computer programs, websites, documents, information, techniques, business methods, drawings, logos, instruction manuals, lists and procedures and particulars of customers, marketing methods and procedures and advertising literature, including “the look and feel” of any websites
|Application||1. These Terms and Conditions (‘Terms’) apply to all users of superexam.uk, and after 1 Sep 2021 – to all users of qltsosce.co.uk: visitors or subscribers, aspiring solicitors and/or tutors and/or authors and/or other users of the Websites and/or Services. |
2. If there is any conflict or inconsistency between the Terms and any other of our rules or regulations published on the Websites or in any other way communicated to You (‘Smart Regulations’), the latter shall provide which one prevails.
|Price & Payment||1. We follow a transparent price policy that provides a clear understanding of the content and price of each item, as well as entitles You to a discount on a bulk purchase. The prices and related procedures are regulated by the PRICE POLICY.|
2. We accept online payments and bank transfers. The payment for the Services You are purchasing must be made before You download them or before We start providing them. Please note, all the transaction fees and charges are to be paid by You. Where an incorrect amount is paid, or a payment is made in error, You shall bear the return fee which will be calculated as follows:
£100 per hour of arranging the return, cancellation 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.
3. Our prices are indicated in pounds sterling and converted to your selected currency as of the day of issuing the invoice. When issued in another currency and not paid within the time allotted, the invoice shall be cancelled or regularly updated to reflect changes in the exchange rates. For the exchange rates We apply, please check www.xe.com
|Contract||1. We provide the Materials solely for exam preparation purposes. You cannot use the Materials for any commercial, business or resale purposes, and shall be liable to us, among others, for any profits obtained as a result. You cannot use, disclose or otherwise provide any information or materials obtained through our Services to any third party, and shall be accountable for the profits and/or liable to fully compensate us for any damages We may incur as a result, irrespective of any contribution to the same on our part.|
2. We reserve our right to refuse service to anyone (fully or partly). Materials displayed on our Websites or other facilities do not constitute an offer to sell and are only an invitation to treat. In case of an online purchase, the contract is deemed to be entered into only after We have received the payment and have not refused the service within 14 calendar days after the purchase. The reasons We may suspend the supply of Services to You:
a. In order to resolve technical problems or make technical changes or update the product at our discretion;
b. In order to reflect changes in relevant laws and the Exam regulatory requirements;
c. In case of an unforeseen event, please see the Force Majeure section below.
|Access to Theory||1. You will be granted access to the Materials in the Theory section after We receive the payment. Such materials will be available until You pass the Exam, but for no more than 9 consecutive months starting from the date on which the access was granted. Further access and its extension are regulated by the PRICE POLICY.|
2. Please note, for some of the Materials, copying, printing and downloading may be restricted or prevented.
3. Please be warned that the Materials in the Theory section do NOT substitute books and manuals which constitute the main source of theoretical knowledge. The materials offered by us are meant to facilitate the candidates’ preparation for the Exam, and to provide them with a better understanding of the exam.
|Access to Practice||You can purchase individual mocks both at a discount bundle price and on a stand-alone basis. Further details are regulated by the PRICE POLICY.|
|Access to Events||You will be granted access to the session(s) after We receive the payment and you book it on the superexam platfrom. Further it is regulated by the respective booking polic.|
|Termination & Refund||1. 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 behaviours.|
Other reasons why we may terminate the supply of the Services to You include cases where:
a. You do not meet the requirements listed in the Core Skills below;
b. it is hard to establish a comfortable tutor-student match;
c. there is a breach of any of these Terms and Conditions and/or Online Booking Policy and/or Price Policy and/or other Smart Regulations; or
d. this is required for any of the reasons listed in the Contract above.
2. Your right to terminate the contract/order shall depend on your purchase:
a. In cases where the Practice component has been purchased but not yet booked, with the Materials not yet released to You, the refund is regulated by the PRICE POLICY and the respective Online Booking Policy which may be tailored to a particular sitting (Study Group) to which You are assigned.
b. In all other cases, the fees paid are non-refundable, and You agree that You shall not have the right to cancel the purchased Services once their delivery has started. In this case, You shall not be entitled to a refund, unless the Service in question is proved to be substantially defective. In this case, We will consider each matter on its own merits in accordance with the governing law.
3. We shall pay the costs of the refund if:
a. the Services are substantially defective;
b. following the purchase, We refuse the service to You for any of the reasons listed in the Contract above.
In any other circumstances, the costs of the refund shall be paid by You.
4. If You are entitled to a refund, the price will be refunded by the same payment method that you initially used to make the payment, or by another method agreed with us.
5. We shall make refunds within 14 business days (inclusive) after the date when the decision is made and communicated to You, except when there are circumstances outside of our control or there is a dispute between You and ourselves. In case of the latter, We reserve our right to hold the money until the respective court or tribunal or another agreed authority ruled otherwise.
|Confidentiality & Privacy||1. Please note, We treat all the information regarding your preparation and training for the Exam as confidential. We shall not disclose your personal information – including the information You provide to us in the course of preparation, your preparation results and marks, as well as other data – to third parties, except when:|
a. You provided express permission for us to do so;
b. this is otherwise required by the law;
c. this is required in compliance with our regulatory obligations under the SRA Code of Conduct;
d. there is a legal dispute (in progress or reasonably in contemplation) between You and Us; or
e. We need to disclose it in order to conduct an investigation (against You or another person) if We have reasons to believe that You have breached these Terms, Online Booking Policy or Price Policy or other Smart Regulations.
|Trust & IP Rights||1. We are the owner or the licensee of all Intellectual property rights in the Websites and the content published on them, in Materials and Services. Those works are protected by copyright laws and treaties throughout the world. All such rights are reserved.|
2. By using our Services, You expressly agree not to provide access to the Materials to any third party. Any recipient of the Materials by opening and/or using them expressly and/or impliedly, accepts his or her willingness to hold the Material(s) and our Smart Methodology on trust for Us. Transferring the Materials or disclosing their contents, recording them in any form or by any means, except with our express written permission, is strictly forbidden and shall amount to a breach of contract and trust. For the avoidance of doubt, any profits obtained in breach of trust shall belong to us, together with any materials You produced using our Study Materials. Please note, We track users attempting to sign in with alternate credentials, from unusual places or at strange times.
3. You acknowledge that if You breach, or if We have reasonable grounds to suspect that You have breached this provision, We may terminate or suspend your right to use the Materials. Additionally, intellectual property infringement offences can have both civil and criminal implications, and in any event, are likely to be considered dishonest. As such, any such proven, or reasonably suspected breaches, will be reported to the SRA, which may adversely affect your future status admission.
|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, We seek to protect our legitimate proprietary interest, as well as the interests of the existing and future aspiring solicitors enrolled with Us.|
2. The aspiring solicitors who purchased OSCEsmart lectures on skills and exam techniques, and/or purchased 3 or more Practice components (client interview, advocacy/presentation, matter analysis, 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 the course:
a. establish or run a similar online training course for the QLTS OSCE or the Solicitor Qualifying Examination;
b. advise or consult as to establishing or running a similar online training course for the QLTS OSCE or the Solicitor Qualifying Examination; or
c. solicit OSCEsmart contractors, customers or employees.
3. For the purposes of clause 2, ‘a similar online training course’ means a course that:
a. uses the same or similar business model and/or training structure as OSCEsmart;
b. is conducted by means of Internet connection (with or without application of VPN) in the markets of China, Greece, Hong Kong, India, Indonesia, Israel, Italy, Japan, Malaysia, Russia, Singapore, South Africa, Spain, UAE, Sri Lanka, USA and the UK; and
c. actually or potentially applies OSCEsmart know-how or Materials, in whole or in part.
4. For the purposes of clause 2, ‘the completion of the course’ means access to OSCEsmart Study Materials posted on qltsosce.co.uk and/or Superexam platform and/or any other resources, or data provided to the candidate in written, oral or electronic form 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.
|Liability||1. Except as prohibited by the law, We shall not be liable for any consequential, indirect, special or incidental damages, including without limitation any economic loss or other loss of turnover, profits, business or goodwill, whether foreseeable or not, arising out of this contract, tort, negligence, breach of statutory duty, or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by You or any other third party if involved. |
2. We are not responsible for delays and/or interruptions that are reasonably outside our control, and/or for your inability to use our Websites. If our supply of the Services is delayed by an event outside our control, We will contact and inform You as soon as reasonably possible, and will take steps to minimise the effect of the delay. Provided We do this, We will not be liable for the delays caused by the event.
3. Whilst reasonable care has been taken when preparing the content of the Websites and Materials, neither OSCEsmart nor any of the authors accept responsibility for any errors or mistakes in the content, or any loss sustained by any person relying on the contents. The content provided does not amount to legal advice or alike. This includes any content posted by the users, including comments and articles on the Blog.
4. With a view to the fair and balanced allocation of risks, while being granted access to free and/or paid content for a reasonable and transparent price, You acknowledge that, in entering into this contract, You do not do so in reliance on any representation, warranty or any other provision except as expressly provided in this contract, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
5. We shall not be liable for damage which You could have avoided or for damage which was caused by your failing to correctly follow our instructions.
6. Where our Websites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as our approval of those linked websites or the information You may obtain from them. We have no control over the contents of those sites or resources.
7. The views expressed by other users on our Websites do not represent our views or values.
|Severance||If any term or provision in these Terms and Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that whole term or provision or the relevant parts thereof shall to that extent be deemed not to form part of these Terms; and the enforceability of the remainder of these Terms 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 our Materials on trust. Other similar obligations that may have accrued prior to such termination shall also remain in force.|
|Changes||1. We may revise these Terms and Conditions at any time by amending this page. You are expected to regularly check this page to take notice of any changes made, as they are legally binding on You upon posting, except when provided otherwise. Some of the provisions contained in these Terms and Conditions may also be detailed by provisions or notices published elsewhere on our Websites. |
2. We reserve our right to withdraw or modify any content or Services on the Websites without notice.
3. We do not guarantee that our Websites, or any of their content and/or the Service, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Websites for business and operational reasons.
|Core Skills||The core requirements for the course include:|
1. Having good IT user skills up to the standard required of a newly qualified solicitor: We do not teach IT, nor do We provide IT tutoring as part of the course.
2. Being well organised: organising your workplace, arranging for a reliable internet connection and speed.
3. Being able to work independently: reading and following all the instructions, taking all reasonable steps required to find answers to your questions BEFORE contacting Us.
4. Having good time management skills: sticking to the group schedule and meeting deadlines
Meeting the SRA requirements for character and suitability in order to prove your integrity to be a solicitor.
5. Being ready to abide by our values as defined in Our Values below.
|Our Values||Our fundamental values and assumptions include:|
1. Honesty and good faith
2. Respect and trust
3. Rule of law and fairness
|Assignment||1. Our rights and obligations under these Terms and Conditions, as well as under any other Smart Regulations, may be transferred or assigned to another natural or legal person without your consent. Should that occur, You will be duly informed thereof by a notice posted on our Websites. We will also take reasonable steps to ensure that the transfer will not affect your rights under the contract.|
2. Your rights under these Terms and Conditions, as well as under any other regulations, may not be transferred or assigned to any other party. As this contract is between You and Us, no other party shall have any right to enforce any of its terms instead of You. A breach of this term constitutes a repudiatory breach of contract.
|Force Majeure||1. We are not liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest, pandemic or another event beyond the reasonable control of either party. In this case, during the period that the Force Majeure event continues, the Services shall be suspended, and You shall be given a reasonable extension of time to complete the course.|
2. Due to the online nature of the Services, We shall not be responsible for possible delays or issues outside our control, including, among others, Internet failures and any other technical breakdowns. If such an event outside our control causes a delay in our Services, We will inform You as soon as possible and take reasonable steps to minimise the effects of the disruption. Provided that We take reasonable steps to troubleshoot the issue, We shall not be held liable for the delays it caused.
|Governing law||This policy is governed, construed, and enforced in accordance with the laws of Singapore, without regard to its conflict of laws rules.|
|Dispute resolution||1. In the event of any dispute arising out of or in connection with THIS AGREEMENT AND/OR THE SERVICES PROVIDED TO YOU, either party shall invite the other party to commence negotiations to resolve the dispute. Any invitation to negotiate shall be issued in writing, in the usual manner in which the parties communicate in writing.|
2. If the parties do not reach a settlement within 60 calendar days of one party having invited the other in writing to negotiate, the dispute shall be exclusively and finally resolved by arbitration in accordance with this clause.
3. The seat of arbitration shall be Singapore, but the parties agree to hold hearings and/or meetings (if any) virtually or in any suitable location and/or by any suitable means of simultaneous communication. The language of arbitration is to be English. The arbitration tribunal shall consist of a sole arbitrator appointed in accordance with the DELOS Rules of Arbitration.
4. By submitting their dispute to arbitration under the DELOS Rules of Arbitration, the parties agree to comply with any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made.