|Parties & Definitions||‘We’ – 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. You are solely responsible for determining whether the Services provided are suitable for you needs and you have sufficient time and ability to complete the purchased Services.
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:
(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 and research. The Practice is aimed at developing your skills and improving your understanding of legal principles.
(iii) ‘Group session’ – a real-time active teaching via online group activity in the form of a seminar (interactive) or demonstration (non-interactive) conducted on the appointed date and at the appointed time.
(iv) Other related services, such as access to e-books and manuals, 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.
‘OSCEsmart’ – ‘OSCEsmart’ – a registered trade mark. The SQE and SOLICITORS QUALIFYING EXAMINATION trade marks are the property of the Solicitors Regulation Authority.
‘SRA Code of Conduct’ – the SRA Code of Conduct for Solicitors, RELs and RFLs
‘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: visitors or subscribers, aspiring solicitors, authors or tutors. |
2. If there is any conflict or inconsistency between the Terms and any other of our rules or regulations published on the Websites or other way communicated with you (‘Smart Regulations‘), the latter shall provide which one prevails.
|Changes||1. The Materials may undergo regular updates in order to: |
(a) reflect changes in relevant laws and regulatory requirements for the Exam;
(b) adjust the complexity of mock stations based on the candidates’ performance; and
(c) implement minor technical adjustments, improvements and the like.
2. This may require you to update digital content, provided that it matches the description provided to you before you bought it. It is your sole responsibility to make sure you are using the latest version of the Materials available on the website.
3. For that, you may need to clear cache in your browser – a simple way to do that is by using the keyboard shortcuts below:
(i) “Ctrl + F5” and “Ctrl + Shift + R” – for Windows
(ii) “Command + F5” and “Command + Shift + R” – for macOS
4. We reserve the right to change these terms at any time without prior notice. In the event that any changes are made, the revised terms shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes.
|Price & Payment||1. The price of the Services will be the retail price indicated on our website (VAT not included). The Services are charged at a discounted bulk price.|
2. We accept online payments and bank transfers. The payment for the Services you are purchasing must be made before you download them and/or before we start providing them. The payment 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, 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 reserve our right to refuse service to anyone. 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.|
2. Reasons we may suspend the supply of Services to you:
(i) In order to resolve technical problems or make technical changes or update the product at our discretion;
(ii) In order to reflect changes in relevant laws and the Exam regulatory requirements;
(iii) 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. The access will be available until you pass the Exam, but no more than 9 consecutive months. Upon your request, the access may be extended, subject to you acting in good faith. Reasonable fees may apply. |
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||1. You can purchase individual mocks both as a package, and on a stand-alone basis. |
2. After we receive the payment, the mock stations you have purchased will be made available for reservation in your account on the online platform. Booking Part 1 and Part 2 mock stations should be carried out at your earliest convenience by means of browsing available dates, time slots and practice areas. If your mock stations are not scheduled reasonably in advance, we reserve the right to schedule them as we see fit.
(i) For individual mock stations purchased on a stand-alone basis, the access will be available for no more than 6 months. If you subsequently failed the assessment or failed to attend it, upon your request, the access may be extended, subject to you acting in good faith. Reasonable fees may apply.
(ii) The aspiring solicitor who purchased a package is automatically allocated to a particular Study Group. The mock exercises in the candidate’s package shall be booked and completed by the end of such 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. If you subsequently failed the assessment or failed to attend, we may consider transferring a candidate to the next Study Group subject to a reasonable notice received from the candidate more than 30 calendar days (inclusive) prior to the beginning of the intensive preparation period for the respective Exam. In case of the transfer after the deadline, a reasonable transfer fee may apply.
3. For information about the intensive preparation period and important deadlines for your Study Group, please see Important Deadlines in the respective Online Booking Policy.
|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.|
2. Other reasons we may terminate the supply of the Services to you:
(i) If you do not meet the requirements listed in Core Skills below;
(ii) In cases when it is hard to establish a comfortable tutor-student match;
(iii) In the event of breaching any of these Terms and Conditions and/or Online Booking Policy and/or other Smart Regulations;
(iv) For any of the reasons listed in Contract above.
3. Your right to terminate the contract/order shall depend on your purchase:
(i) The Practice component purchased on a stand-alone basis or as part of the Package is regulated by the respective Online Booking Policy which may be tailored to a particular sitting (Study Group) to which you are assigned.
(ii) In all other cases (if we are not at fault), 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.
4. We shall pay the costs of the refund if:
(i) the Services are substantially defective;
(ii) following the purchase, we refuse the service to you for any of the reasons listed in Contract above; or
(iii) you cancel the order for a mock session through our fault, subject to our failure to offer you a reasonable alternative. In case you unreasonably refuse the offered alternative, you shall bear the costs of the refund.
5. In any other circumstances, the costs of the refund shall be paid by you.
6. If you are entitled to a refund under these terms, 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.
7. We shall make refunds within 14 business days after the date when the decision is made (inclusive).
|Confidentiality and 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:|
(i) you provided an express permission;
(ii) otherwise is required by the law;
(iii) required in compliance with our regulatory obligations under the SRA Code of Conduct;
(iv) there is a legal dispute (in progress or reasonably in contemplation) between you and us; or
we need to disclose it in order to conduct an investigation (against you or another person) if we have reasons to believe that you breached these Terms, Online Booking Policy or Price Policy or other Smart Regulations.
|Trust and IP Rights||1. We are the owner or the licensee of all intellectual property rights in this website and qltsosce.co.uk and Superexam platform and in the content published on it, in Materials and Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Owner(s) of any subsequently registered domain(s) containing ‘qltsosce’ shall hold those domains on trust for OSCEsmart and shall be accountable for the profits.|
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 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. Please note, we track users attempting to sign in with alternate credentials, from unusual places or at strange times.
2. 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. 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 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:
(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
(iii) 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/or training structure as OSCEsmart;
(ii) is conducted by means of Internet connection (with or without application of VPN) in the markets of China, Hong Kong, India, Indonesia, Japan, Malaysia, Russia, Singapore, UAE and the UK; and
(iii) 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.
|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 of 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.
|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 its part shall to that extent be deemed not to form part of this Terms; and the enforceability of the remainder of this 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.
|Assignment||1. Our rights and obligations under these Terms and Conditions, as well as under any other 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 website. 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 Smart 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.
|Core Skills||The core requirements for the course include:|
(i) 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;
(ii) Being well organised: organising your workplace, arranging for a reliable internet connection and speed;
(iii) 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;
(iv) Having good time management skills: sticking to the group schedule and meeting deadlines;
(v) Meeting the SRA requirements for character and suitability in order to prove your integrity to be a solicitor
(vi) Being ready to abide by our values as defined in Our Values below
|Our Values||Our fundamental values and assumptions include:|
(i) Honesty and good faith;
(ii) Respect and trust;
(iii) Rule of law and fairness.
|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.