Using this website
The term ‘Young Citizens’ in this document refers to the Citizenship Foundation. Young Citizens is the trading name for the Citizenship Foundation, which runs SmartLaw.
Terms and Conditions of Use
The Citizenship Foundation is a company registered in England No 2351363 and a charity registered with no 801360 whose registered office is at 37 Heneage Street, London E1 5LJ (the ‘Foundation’ or ‘Young Citizens’). ‘Young Citizens’ is the trading name for The Citizenship Foundation.
A. The Member has registered with Young Citizens to access the Service on the basis of the terms and conditions set out below (‘Agreement’). The terms and conditions are a binding document which govern access to and the use of the Service by Members. Members are therefore advised to read the Agreement carefully.
B. Young Citizens is an education charity working in primary and secondary schools to help educate, inspire and motivate the active citizens of tomorrow. It runs schemes which promote participation and help young people understand the law, politics and democratic life for the purpose of inspiring and motivating them to develop into effective citizens.
C. By accessing the website, currently located at www.smartlaw.org.uk (‘Site’), and/or registering to use the Service (as defined below) accessible through the Site, you agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Service.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICE.
1. Definitions and Interpretation
Educational Member(s) means any educational institution registered by the Department for Education which is a registered user of the Service, whether they access or use the Service or not.
Private Member(s) means any law firm, business or legal professional including those studying for legal qualifications and former legal professionals which is a registered user of the Service, whether they access or use the Service or not.
Member(s) means either an Educational Member or a Private Member.
Service means the partnering of Private Members with Educational Members through the use of the Site.
Where the term you is used in this Agreement, this means the user of the Site and/or Service.
2.1. To become a validly registered Member, you must complete all of the fields on the registration form(s).
3. Use of the Service
3.1. As a Member you agree to use the Service in a manner consistent with any and all applicable laws, regulations and relevant policies.
3.2. As a Member you agree at all times to act in good faith towards other Members and towards Young Citizens.
3.3. You understand that use of the Service by an Educational Member or Private Member does not render that Member an employee, agent or representative of Young Citizens.
3.4. You will keep all information provided to you through the Service private and confidential and will not give or disclose information to anyone without the permission of the organisation which provided it to you.
3.5. You will not use the Service to engage in any form of harassment or offensive behaviour.
3.6. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
3.7. The information you supply to Young Citizens and to other Members must be accurate. Inaccurate, false or misleading information provided by a Member is the sole responsibility of the Member concerned.
3.8. You agree to indemnify Young Citizens for any loss suffered as a result of a breach of this Article 3 by you as a Member and/or against all third party claims and liabilities related to such a breach and/or your use of the Service.
4. Responsibility for Use of the Service
4.1. As a Member, you understand that you are solely responsible for your interactions with other Members.
4.2. As an Educational Member, you are required to make the appropriate enquiries into the background of a Private Member with whom you interact and are solely responsible for undertaking background checks as required by law and/or any relevant policies.
4.3. As a Member, you at all times remain solely responsible and liable for the use of your Member’s account and for the actions or statements made through your Member’s account, whether these are fraudulent or as a result of third party intervention.
5. Liability of Young Citizens
5.1. Young Citizens has no contractual, moral or ethical obligation to verify the identity of persons who register as Members to use the Service, nor does Young Citizens verify or monitor the information provided by Members when registering as Members to use the Service.
5.2. Young Citizens accepts no liability for any loss suffered by a Member as a result of a breach of rights by another Member or any third parties.
5.3. Young Citizens makes no representations or guarantees regarding the quantity or quality of interactions that a Member will receive.
5.4. Young Citizens does not warrant that the operation of the Site and the Service will be free from minor interruptions and errors.
5.5. The content on the Site is provided for general information only. It is not intended to amount to any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any of the content on the site. Although we make reasonable efforts to update the content on the site, we make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up-to-date.
6. Background Checks and Identity Screening
6.1. Young Citizens does not conduct Disclosure and Barring Service or other background checks on its Members and does not make any representations or warranties as to the conduct of its Members or the compatibility between an Educational Member and a Private Member.
6.2. Young Citizens does not verify legal/professional qualifications of Private Members nor does it warrant that Private Members have and uphold any legal/professional qualifications.
6.3. As an Educational Member, you are required to make the appropriate inquiries into the background, identity and qualifications of a Private Member with whom you interact and are solely responsible for undertaking background checks as required by law and/or any relevant policies.
7. Intellectual Property
7.1. Young Citizens is the owner or the licensee of all intellectual property rights in this Site, and in the material published on it. Those works are protected by intellectual property rights. All such rights are reserved.
7.2. Members must not distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or any content, files, feeds or data from or obtained through the Site, whether publicly available or not.
7.3. Members must not reproduce any part of the Site or any content, files, feeds or data obtained through the Site, including but not limited to any classroom resources in excess of what is reasonably required for your personal non-commercial, pedagogical or classroom purposes.
7.4. Members must not copy, download or store any content files, feeds or data from or obtained through the Site, whether publicly available or not, to make or populate a database or publication of any kind.
7.5. Members must not use the Site in any commercial way.
7.6. Notwithstanding the above, you may modify or alter downloaded extracts or content from our Site if such amendment is required for genuine educational purposes of teaching.
8. Withdrawal of the Service
8.1. Young Citizens reserves the right to suspend or withdraw the Service at any and all times for any reason it sees fit.
8.3. Members of the Site have a right to cancel their contract under the Consumer Contracts Regulations 2013 during the cancellation period. This cancellation period terminates at the end of 14 days after the day on which the contract is entered. This means that, during the cancellation period, if you change your mind or decide for any other reason that you do not want to receive or keep your Membership Service, you can notify us of your decision to cancel the contract and receive a refund. Any refund will be prorated based on the amount of the contract remaining.
8.4. In the event you choose to cancel your Service early, we reserve the right to charge you for any downloadable content you have downloaded, based on the price in force on the Site on the day that such content is downloaded.
8.5. To cancel your order, you must inform us of your decision by post to Young Citizens, 37 Heneage Street, London E1 5LJ or by email to: firstname.lastname@example.org. We will communicate acknowledgement of receipt of your cancellation to you without delay.
9. Entire Agreement
9.1. This Agreement constitutes the entire agreement between the parties and governs the relationship between the Member and Young Citizens.
10. Jurisdiction and Applicable Law
10.1. This Agreement shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
11.1. Young Citizens may modify the terms and conditions set out in this Agreement at any time.
11.2. By using the Service, the Member agrees to be bound by these terms and conditions as amended from time to time.
Magistrates’ Court Mock Trial Competition, Bar Mock Trial Competition & Independent School Mock Trial Competition
Participant Terms & Conditions
By entering the Magistrates’ Court Mock Trial Competition, Bar Mock Trial Competition or the Independent School Mock Trial Competition (hereafter the ‘Competition’ in all cases), you agree to comply with and be bound by the following terms and conditions of use, which govern Young Citizens’ relationship with you in relation to the Competition (the ‘Conditions’). In the event of a conflict between any promotional or other materials provided by us and these Conditions, these Conditions shall take precedence.
The term ‘Young Citizens’ or ‘us’ or ‘we’ refers to the organiser of the Competition whose registered office is 37 Heneage Street, London E1 5LJ and whose charity registration number is 801360 and company registration number is 2351363, registered office as above.
The term ‘Fee’ refers to the sum of:
– £165 if one team is entered into the Magistrates’ Court Mock Trial Competition; or £235 for the Magistrates’ Court Mock Trial PLUS Membership
– £215 if two teams are entered for the Magistrates’ Court Mock Trial Competition; or £285 if 2 teams are entered into the Magistrates’ Court Mock Trial PLUS Membership
– £180 for the Bar Mock Trial Competition
– £250 for the Bar Mock Trial PLUS Membership
– £680 for the Independent Schools Mock Trial Competition; and
– £750 for the Independent Schools Mock Trial PLUS Membership.
The term ‘you’, ‘school’, ‘participant’ or ‘teacher’ refers to the users of the Competition.
The term ‘Rules’ refers to the rules of the Competition contained in the Schools Guide available on the website.
The term ‘Schools Guide’ refers to the guide provided for schools on the website which includes the Rules.
The term ‘website’ refers to either of the following websites: www.youngcitizens.org or www.smartlaw.org.uk.
Entry to the Competition is subject to the Conditions as follows:
1. Payment & Fees
1.1. To be considered for a place in the Competition, schools must pay Young Citizens the Fee. This is the full entry fee for the Competition. There is no deposit.
1.2. Payment is to be made online via credit/debit card once an application form has been completed or by bank transfer or cheque if the ‘Request an invoice’ option is selected. We will not accept any other method of payment, and cannot take payment over the telephone.
1.3. Young Citizens will publish a closing date for the Competition (the ‘Closing Date’). At the discretion of Young Citizens, only entries for which an application form and payment have been received before 4.00pm on the Closing Date will be processed. It is the school’s responsibility to ensure that payment has reached us by the Closing Date.
1.4. Schools competing in the Bar Mock Trial Competition or Independent Schools Mock Trial Competition that withdraw before the published withdrawal deadline date (the ‘Withdrawal Deadline’) will receive the entire Fee back minus a £40 administration charge. Schools competing in the Magistrates’ Court Mock Trial Competition that withdraw before the published withdrawal deadline date (the ‘Withdrawal Deadline’) will receive the entire Fee back minus a £30 administration charge. Schools that withdraw after the published withdrawal deadline date (the ‘Withdrawal Deadline’) will not receive any of their Fee back. Schools that have paid the fee for two teams to enter the Magistrates’ Mock Trial Competition but have only been allocated a place in a local heat for one team will receive £50 back. Schools will be required to complete a refund form by an agreed date (the ‘Refund Deadline’) before the Fee will be reimbursed. Fees that are not claimed by the Refund Deadline will be retained as donations to Young Citizens. Where a Magistrates’ Court Mock Trial PLUS, Bar Mock Trial PLUS or Independent Mock Trial PLUS membership has been applied for, only the price of the competition element of the membership fee will be refunded (minus a £30/£40 administration fee). The remainder of the fee (£70) will be retained and schools will keep a 12-month subscription to the SmartLaw resources.
1.5. You agree that you are authorised to use the payment method that you enter when you create a billing account. You authorise us to charge you using your payment method. We may bill: (a) at the time of purchase; or (b) shortly after purchase.
2. Allocation of Places
2.1. In this clause 2, “applied before the deadline” means that we have received a fully completed entry form and the Fee before the Closing Date.
2.2. In each year of the Competition, more applications are received than places are available. Priority will be given to applications in the following order:
a) schools that have not previously participated in the Competition and have applied before the deadline, or schools which we consider will help to meet our goals of increasing social mobility and social inclusion through the programme;
b) reserve schools who were not placed in the previous year and have applied before the deadline;
c) schools that participated in the competition in the previous year and have applied before the deadline;
d) schools that have applied after the deadline; and
e) schools that have failed to attend heats with no notice.
2.3. Applications will not be processed until both the entry form and Fee have been received.
2.4. Schools are asked to select a first and second choice of court. We will do our best to allocate you to one of your preferred options. However, a place in either of your courts of choice cannot be guaranteed. For the Magistrates’ Court Mock Trial competition there is an optional third choice; applications that make a first and second choice only will not be disadvantaged, or advantaged, in the allocation process.
2.5. The location of heats is subject to change on rare occasion. In such circumstance we will aim for a venue that is of a similar distance for the schools involved and will endeavour to give as much notice as possible. We accept no responsibility whatsoever for any expenses incurred as a result of any changes to the venue or the timetable of the day.
2.6. Nothing in these Conditions, the Rules and the Schools Guide or in the conduct of the Competition shall be taken to guarantee any school a place in the Competition in any subsequent year.
2.7. Young Citizens reserves the right not to accept applications, or to give a lower priority to applications in some circumstances including, but not limited to, if it is found that a school has not fully completed or has given inaccurate information on their application form or acted in a way which (in Young Citizens’ determination) is by its nature unjust to other entrants.
3. Volunteers & Child Protection
3.1. Subject to availability, schools may be allocated a magistrate, barrister/advocate or other legal volunteer (the “Legal Volunteer”) to visit their team where requested and available. We do not guarantee that a Legal Volunteer will be allocated to any school.
3.2. Under current legislation, volunteers do not require a DBS check to visit a school. However, this may be required by some Local Authorities or schools. It is the responsibility of the school to determine the applicability of such requirements and ensure that these are met.
3.3. Volunteers must not be left alone with students under any circumstances. Participating schools are responsible for the supervision of volunteers. Volunteers may refuse to continue a session if they are left unsupervised.
4. Attendance at Events
4.1. Prior to the local heats (for the Magistrates’ Court Mock Trial Competition only), regional heats and national final, schools will be expected to provide a team list and, if required, a signed photography permission form in line with our Safeguarding Policy (which is available on the Young Citizens website). Young Citizens will set a deadline by which date these forms must be returned.
4.2. Young Citizens and/or court staff reserves the right to refuse entry to the building to any school that has not returned their team list and, if required, photography permission forms by the deadline set by us.
4.3. The number of guests that a school can bring to the local heats (for the Magistrates’ Court Mock Trial Competition only), regional heats and national final will be limited according to the capacity of the court building. We will inform schools as to the number of guests they may bring. We are unable to be flexible on these numbers under any circumstances.
4.4. Any child attending a Young Citizens Competition must have supervision from an appropriate and responsible adult. It is not acceptable for children to be supervised by a peer who is over the age of 18. Young Citizens cannot take responsibility for any young people attending our events. Teachers are responsible for the conduct of their own students and guests in the court building. It is your obligation to ensure that any areas of the building that you have used are left clean and tidy and that all belongings and/or rubbish are removed or placed in the bins provided. Schools which fail to do this may be refused entry to the Competition in future years.
4.5. All attendees will be subject to security checks on entry to the building. Please ensure that students do not bring glass, sharp instruments or any illegal substances into the building.
4.6. We are unable to provide support for travel and accommodation to any heats, including regional and national heats.
5. The Website
5.1. The website and its service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any omission, interruption, error, delay, deletion, or defect in operation of the website or its service. Any problems experienced should be reported to Young Citizens as soon as reasonably possible.
5.2. We are not responsible for any technical malfunction or other problems of any service, computer systems, servers or providers, computer equipment, software, failure of any electronic communication resulting from or in connection with any technical problems or traffic congestion on the internet, including injury or damage to your computer or to any other person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the website.
5.3. These Conditions govern your use of the service provided on the website. By using or accessing the service, you accept these Conditions in full.
IF YOU DISAGREE WITH THESE CONDITIONS OR ANY PART OF THEM, YOU MUST NOT USE THE SERVICE.
6. Rules of the Competition
6.1. The Rules and these Conditions must be adhered to at all times. We reserve the right to disqualify any schools, if we have reasonable grounds to believe the entrants have breached any of the Rules or these Conditions, in each case, without a refund of the Fee.
6.2. In the event that any entrant is disqualified from the Competition, Young Citizens in its sole discretion may decide whether a replacement should be selected. Such replacement will be selected at the discretion of Young Citizens. The replacement school will be subject to the Rules and these Conditions.
6.3. In the event of differences or discrepancy between these Conditions and/or the Rules and/or the Schools Guide, these Conditions will prevail.
6.4. The judge’s or judges’ decision at the local heats (for the Magistrates’ Court Mock Trial Competition only), regional heats and national final is final. It is not possible to change the scores after the event.
6.5. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Competition, the decision of Young Citizens shall be final and no further correspondence or discussion shall be entered into.
7. Court Artist and Court Reporter Competitions
7.1. All submissions must be the students’ own work.
7.2. All submissions must be received by 4.00pm on the date set by Young Citizens. Any entries received after this deadline will not entered.
7.3. Entrants should note that, unless stated otherwise, Young Citizens does not accept responsibility for the return of any entries.
7.4. You agree that any copyright and other intellectual property rights vesting in your entry will be owned by the Young Citizens. You hereby warrant and represent that the entry does not infringe or otherwise violate the intellectual property or other rights of a third party.
8.1. Prizes are non-transferable and there is no cash alternative. Young Citizens reserves the right to substitute prizes at any time.
9. Data Protection and Publicity
9.2. Winners may be requested to take part in promotional activity and Young Citizens reserves the right to use individuals’ names and school names with photographs and audio and/or visual recordings of them in any publication and/or promotional materials, as long as this is in line with our Safeguarding Policy.
10.1. Students participating in the Competition must be enrolled in secondary education and resident within the UK, Channel Islands or Isle of Man.
11.1. To the extent permitted by law, Young Citizens excludes all warranties and representations (express or implied) from these Conditions. You acknowledge that, in entering into the Competition, you do not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions.
11.2. To the extent permitted by law, Young Citizens excludes any liability (including, without limitation, for negligence) regarding the Competition which includes, without limitation, liability for technical failure, travel disruptions and/or difficulties of any kind that may limit or hinder a participant from participating in the Competition.
11.3. By participating in the Competition, you agree to release and hold Young Citizens, its subsidiaries and affiliated companies, together with their respective employees, officers, directors, agents and representatives, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with participating in the Competition. Nothing in these Conditions shall in any way limit Young Citizens’ liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
11.4. Young Citizens may, at any time, amend the Rules and/or the Schools Guide and/or these Conditions by posting such changes on the website.
11.5. These Conditions are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.