Driver Terms and Conditions

Parties

The agreement is between:

1.                  Ready Set Driving School; and

2.                  The driver who registered to the Ready Set Driving School platform or undertook a lesson in accordance with the Terms and Conditions.

Terms of Agreement

1.                  This agreement will commence on the day the last involved party digitally accepts this agreement

a.       It will conclude when an End of Termination occurs.

2.                  The Driver wishing to engage in lessons with Ready Set Driving School agrees that they have a valid and current State or Territory issued Learners Permit or Drivers Licence, or any other type of licence that legally allows them to drive in the state or territory in which they are wanting to engage lessons with a Driving Instructor.

3.                  If a Driver does not possess, or no longer possesses a valid and current Learners Permit or other type of licence which would allow them to operate the vehicle, including if the licence is suspended, the agreement will be automatically terminated
This is classed as a crucial term as agreed to with Ready Set Driving School.

Relationship between Parties

4.                  The driver accepts and agrees that;

a.       Ready Set Driving School and Ready Set Driving School’s website is a conduit between the Driving Instructor and driver

b.      Any agreement to undertake a lesson is between the Driving Instructor, Driver and Ready Set Driving School

c.       Drivers are always responsible for and required to take all reasonable precautions to their personal and property safety when engaging with Ready Set Driving School and a Driving Instructor. Ready Set Driving School will not be held responsible for any loss or damage the occurs, whether physical, mental or otherwise that was suffered as a result from engaging with Ready Set Driving School.

Services

5.                  A driver agrees that they may use the Ready Set Driving School website in a multitude of ways, including however not limited to:

a.                   Looking at a selection of vehicle types listed on the Ready Set Driving School website/platform

b.                  Looking at a selection of Driving Instructors on the Ready Set Driving School website/platform

c.                   Displaying their personal preference on the Ready Set Driving School website/platform

6.                  A driver is able to compare vehicle types and Driving Instructors, not limited to but including:

a.                   Vehicle Type

b.                  Availability

c.                   Location

7.                  Drivers will be matched with a Driving Instructor based on their preferences as indicated to Ready Set Driving School

8.                  Ready Set Driving School may change existing products, remove products or add new products from the Ready Set Driving School website as required.

Agreement by Driver

9.                  The Driver agrees that they have:

a.                   Read, understand and consent to be bound by this agreement

b.                  A valid and current Learners Permit, or other authorised licence type that will legally allow them to drive in their state or territory, as per clause 2 of this agreement.

10.              If the Driver is under the age of 17, and you are the parent or guardian of the Driver, you are the financial guarantor of the Driver for all of their obligations and liabilities as set in this Agreement. This Agreement therefore binds the Driver and you jointly.

11.              If the Driver is aged 18 years or older, and you are a service provider, agent or another person acting on behalf of the Driver, you therefore guarantee that the Driver consents to be bound by this Agreement according to clause 9 above. This therefore binds you and the Driver to the Agreement jointly.

The Drivers Use of Ready Set Driving School Website

12.               The Driver agrees to the following;

a.                   Only to use the Ready Set Driving School website for its intended purpose, to connect a Driver with a Driving Instructor

b.                  Any information that the Driver has provided to Ready Set Driving School or Driving Instructor is correct and current

c.                   That they will amend any of their details as soon as their circumstances change

d.                  They will not use the Ready Set Driving School website/platform except as for provided in this Agreement

e.                   They will not use the Ready Set Driving School website/platform to promote any other third parties or interests, including commercial

f.                    They will not interrupt or encourage anyone else to interrupt the operation or programming of the Ready Set Driving School website/platform

Warranty

13.              Ready Set Driving School agrees that its products come with guarantees under the Australian Consumer Law that cannot be excluded under this agreement.

14.               Ready Set Driving School guarantees that its services to the Driver will be provided with due care, be fit for purpose and supplied within a reasonable time.

15.               The Driver acknowledges and accepts that the services of Ready Set Driving School are strictly limited to those in clauses 4 – 8 (inclusive).

16.              The maximum extends permitted by law, Ready Set Driving School’s liability to the Driver for a breach of clauses 13 and 14 is limited at the discretion of Ready Set Driving School to

a.                   Re-supply of its services, or

b.                  Payment of the cost of having those services supplied again

Fidelity

17.              The Driver agrees not to undertake, engage or perform any action that damages or may damage the reputation of Ready Set Driving School.

Driving Lessons

18.              The Driver agrees to follow the following rules, which include but not limited to

a.                   To arrive promptly at lessons with Driving Instructors

b.                  To act Safely, being aware of all risks, and not putting person(s) or property in danger (includes motor vehicles)

c.                   Following all instructions from the Driving Instructor

d.                  Not using a mobile phone or similar electronic device while a driving lesson is occurring

e.                   Be respectful to all Driving Instructors and Ready Set Driving School staff

f.                    Will not encourage a Driving Instructor, or accept an offer by a Driving Instructor, to personally conduct any driving lessons with that Driving Instructor outside of, or separate from, the Ready Set Driving School platform/company

g.                   Will take reasonable steps to mitigate loss, and

h.                  Indemnifying Ready Set Driving School against loss (pursuant to clauses 40 an 41).

Tax Compliance

19.              The Driver agrees to pay any applicable taxes when conducting a transaction involving the Ready Set Driving School website or any associated websites.

Driver Payment Terms

20.              The Driver agrees to the Ready Set Driving School Payment Policy, in force from time to time.

21.              The Driver acknowledges and agrees that –

a.       They may be immediately liable to pay for driving lessons and payment may be required immediately when booking a lesson; and

b.       When they enter their respective credit, debit card details or transfer funds from an account to Ready Set Driving School that they are authorised to use that card or account for the transaction.

22.              When a Driver pays for a lesson(s), a credit(s) will be applied to that individual Driver for the value of each lesson paid which will be held on an account by Ready Set Driving School. Credits issued or arising under this clause 22 or clauses 28 or 31.a –

a.       are non-refundable, non-transferrable, and may not be assigned to or used by any other person other than the Driver to which the credit has been issued;

b.       all credits must be used to purchase a lesson, or refunded according to clause 26, within 6 months of the date of the Driver making payment, after which time it will expire and be forfeited to Ready Set Driving School, who –

                                                                         i.      at that time, will have clear and absolute possession to those forfeited credits; and

                                                                       ii.      only as per request of the Driver, and only if the expired credit is for an amount greater than $83, Ready Set Driving School will agree to issue the Driver a tax invoice for the amount forfeited to Ready Set Driving School; and

c.        Ready Set Driving School is entitled to use payments for all credits on their account for Drivers and Driving Instructors for any purpose and at any time while those credits are being held by Ready Set Driving School

23.              Ready Set Driving School can refuse a payment if it believes that –

a.       the credit, debit card holder or account holder did not authorise the transaction;

b.       a transaction is considered fraudulent or suspicious; or

c.        in any other circumstances as determined at the sole discretion of Ready Set Driving School

Refunds

24.              Refunds for lessons will be provided according to the Payment Policy at clauses 13 to 15.

Promotions by third parties

25.              The Driver agrees that Ready Set Driving School may issue gift cards, vouchers or any other promotional voucher/card in connection with third party offers or services to Drivers from time to time, at the sole discretion of Ready Set Driving School.

26.              It is the sole responsibility of the Driver to read and understand the relevant terms and conditions of the provider (which may not be Ready Set Driving School) of the promotions or offers referred to in clause 25 above.

Policies

27.              The Driver confirms that they have read, understood and agrees to the following documents:

a.       the Ready Set Driving School Payment Policy;

b.       the Ready Set Driving School Privacy Policy; and

c.        any other documents as reasonably required by Ready Set Driving School from time to time.

Lesson Cancellation/Rescheduling Fee

28.              If the Driver cancels or reschedules more than 24 hours before a lesson, the Driver will be issued a credit by Ready Set Driving School for 100% of the value of the lesson fee.

29.              If the Driver cancels or reschedules with less than 24 hours notice before the planned lesson is due to start, or is a ‘no show’, then –

a.       The Driving Instructor will be entitled to charge the Driver for the total price of that lesson; and

b.       The Driver acknowledges and agrees that the fee for cancellation or rescheduling referred to in clause 29.a, being the total price of the lesson, is not excessive and relates to the reasonable costs and expenses incurred by Ready Set Driving School and the Driving Instructor.

Lesson Cancellation/Reschedule by Driving Instructor

30.              If a Driving Instructor cancels a lesson at any time before that lesson, Ready Set Driving School will, through the Ready Set Driving School platform, attempt to provide to the Learner Driver a replacement Driving Instructor to give the lesson within 120 minutes of the previously scheduled time.

31.              If, and only if, a replacement Driving Instructor is not available (referred to in clause 32), Ready Set Driving School will provide, at the Learner Driver’s option:

a.       a credit in accordance with clause 22; or

b.       a refund to the cardholder or account holder;

for the value of 100% of the lesson fee.

Costs

32.              The Driver agrees that Ready Set Driving School may change its lesson charges, or other fees as the case may be, from time to time and at its discretion, and -

a.       the price per lesson fluctuates and is determined by many factors such as but not limited to; location, time of day and cost associated to the business. Also, on a number of factors set out in the Ready Set Driving School Payment Policy;

b.       the Driver will be notified of all lesson charges and additional fees at the point of booking and be required to accept such lesson charges and additional fees before payment is made;

c.        the Driver will be given 7 days’ notice (by means of a website, SMS notice or similar notice or announcement) if there is a substantial increase in lesson charges or any additional fees; and

d.       any payment made to a booking prior any lesson or fee change, as per clause 3 above, will remain unaffected by any such increase.

Events of Termination

33.              The Driver agrees that Ready Set Driving School may restrict, suspend or cancel the Driver use on the Ready Set Driving School website immediately after providing Written Notice in a number of circumstances which include but are not limited to:

a.       where a Driver breaches this Agreement;

b.       where a Driver has broken the law, including where the Driver has been charged with or has been convicted of a criminal offence;

c.        where a Driver is no longer a licensed driver or not otherwise permitted by law to be a licensed driver;

d.       where a Driver is the subject of proceedings relating to a motor vehicle accident; and

e.       in any other circumstances as determined at the sole discretion of Ready Set Driving School

34.              The Driver agrees that if they fail to perform their obligations under this Agreement and do not rectify the fault within 21 days after being provided notice of such breaches, Ready Set Driving School may restrict, suspend or cancel a Driver’s use on the Ready Set Driving School website by giving Written Notice to the Driver.

35.              The Driver agrees that they may terminate this Agreement by notifying Ready Set Driving School at any time by giving written notice such as email, SMS or letter. Verbal notice will not be accepted, and must be put in writing.

MISCELLANEOUS

Confidentiality

36.              Drivers agree that they are not to use any Driving Instructor information or details except for the direct purpose of participating in or organising any driving lessons.

Indemnity

37.              Drivers agree to indemnify and protect Ready Set Driving School against any actions, damages, claims, or demands including through negligence which occur as a result or in relation to their actions or omissions.

38.              These clauses 39 and 40 survive the termination of this Agreement.

Privacy

39.              Ready Set Driving School and Driving Instructors agree to adhere to the Australian Privacy Principles from time to time in force (if applicable) and that the Ready Set Driving School Privacy Policy forms part of this Agreement.

40.              Drivers agree that Ready Set Driving School may collect and use Driver information and personal data for marketing purposes and for the use of services through or by the Ready Set Driving School website/platform.

41.              Drivers agree that Ready Set Driving School may collect their name, location and address, contact details, age, gender, and financial information.

42.              Drivers agree and understand that they may obtain access to personal information that Ready Set Driving School has on record by sending a request to lessons@readysetdrivingschool.com.au. Drivers agree and acknowledge that they have read the Privacy Policy and accept its terms including any subsequent additions or variations to this policy which Ready Set Driving School may make from time to time.

Intellectual Property

43.              The Driver agrees that all intellectual property and copyright rights over or in connection with Ready Set Driving School products and resources are owned by Ready Set Driving School exclusively.

Force Majeure

44.              Both parties agree that neither Ready Set Driving School or Drivers are liable to the other or considered to be in default under this Agreement if and to the extent that such party’s performance of these Term and Conditions is delayed or prevented by reason of force majeure, which is defined for this Agreement to mean an event that is beyond the reasonable control of the party affected and occurs without such party’s fault or negligence.

Arbitration

45.              The parties agree that if any dispute arises between a Driver and Ready Set Driving School, the dispute can be managed in ways that include but are not limited to –

a.       if the dispute is not resolved within 14 days, the parties agree to refer the matter to a mediator in accordance with the following procedure:

b.       to hire a mediator to mediate over the dispute;

c.        the mediation can take place via Skype; and

d.       the mediator agrees to follow the mediation procedure set out by the Resolution Institute. A copy of the mediation rules may be accessed at this website: https://www.resolution.institute/documents/item/1897.

e.       if the mediation process fails, the parties agree to refer the matter to an arbitrator in accordance with the following procedures:

f.         the arbitration can be conducted by a single arbitrator agreed by the parties;

g.       if the parties are unable to agree on the arbitrator within 14 days, the arbitrator is to be appointed by the President of the Institute of Arbitrators Australia;

h.       the arbitration will be conducted in accordance with the Rules of Conduct of Commercial Arbitrators and any guidelines issued by the Institute of Arbitrators;

i.         the parties agree that the decision of the arbitrator is binding on the parties; and

j.         the parties agree to share the costs of a mediation or arbitration.

No Waiver

46.              The parties agree that a failure or delay by Ready Set Driving School in exercising a right does not constitute a waiver of Ready Set Driving Schools rights to pursue an action.

No Assignment of Agreement

47.              The Driver agrees that they are not allowed to sell, transfer, assign, sub-lease or transfer this Agreement to anyone else.

Modification of Agreement

48.              The parties agree that Ready Set Driving School may change this Agreement from time to time with notice to the Driver according to clause 51 below, such that:

a.       a Driver who continues to use the Ready Set Driving School website and services is considered to have accepted the new terms as updated; and

b.       it is the responsibility of the Driver to read the amended Terms and Conditions as required.

Notice

49.              The parties agree that any Notices provided under this Agreement may be provided by:

a.       Email or SMS;

b.       any other form of electronic communication, including via the Ready Set Driving School website; or

c.        by any other means used on a regular basis by both parties.

Severability

50.              This Agreement is to be interpreted in a way that renders the provisions valid and enforceable to the maximum extent possible.

Governing Law

51.              This Agreement are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts in that State.

Entire Agreement

52.              This Agreement represents the entire agreement between the parties, along with any documents referred to herein, and supersedes any previous understandings or agreements, whether oral or written.

Definitions

53.              The following words carry the following meanings:

Agreement means this document as amended from time to time along with any documents referred to in this document;

Driving Instructor means the person who has contracted with Ready Set Driving School to become a Driving Instructor through the Ready Set Driving School online website platform;

Event of Termination means those events set out in clauses 33. – 35.

Driver means a person who has booked a driving lesson through Ready Set Driving School;

Learner Driver Permit means the licence that a person who is at least 16 years old who had successfully met all of the requirements in their state or territory to be issued a permit allowing them to drive while being supervised by a qualified supervising driver;

Payment Policy means the Ready Set Driving School Payment Policy;

Policies means the Payment Policy and the Privacy Policy.

Privacy Policy means the Ready Set Driving School Privacy Policy; and

Written Notice includes notification given by email or SMS.

Interpretation

54.              In the interpretation of this Agreement –

a.       every aspect of this document with the exception of the headings are substantive parts of this Agreement and are to be read accordingly;

b.       headings are used for convenience, but are not to be interpreted as part of this Agreement;

c.        when the singular is mentioned, it also means the plural of that word, and vice versa;

d.       words specifying one gender includes all other genders; and

e.       when legislation is referred to, the legislation includes all rules, ordinances, by laws, orders, regulations, consolidations, rewrites, amendments, re-enactments and replacements of that same legislation in force from time to time.