Driving Instructor Terms and Conditions


Parties

This Agreement is between –

  1. EzLicence; and
  2. the Driving Instructor who has signed up to the EzLicence platform in accordance with these Terms and Conditions.

    OPERATIVE PROVISIONS

    Term of Agreement

  1. This Agreement commences on the day the last party accepts this Agreement digitally and terminates when an Event of Termination takes place.
  2. Relationship of the parties

  3. The Driving Instructor acknowledges and agrees that –
    1. they are independent of EzLicence and are not an agent, employee, contractor or subcontractor of EzLicence;
    2. the EzLicence website is the conduit between Driving Instructors and Learner Drivers;
    3. any agreement to undertake driving lessons is between the Learner Driver and the independent Driving Instructor to which EzLicence is not a party;
    4. EzLicence is not liable or responsible for the conduct, acts or omissions of Driving Instructors or Learner Drivers;
    5. the Driving Instructor retains the right to use other software application services to provide driving lessons and to engage in any occupation or other business;
    6. it is the Driving Instructor’s sole responsibility at the commencement of each driving lesson, to check and verify that each Learner Driver has a current and valid Learner Driver Permit, or any other driver’s licence type, that lawfully allows that Learner Driver to drive in the state in which they are undertaking driving lessons, such that if a Learner Driver does not have the same, the Driving Instructor must –
      1. refuse to provide a driving lesson to that Learner Driver; and
      2. notify EzLicence immediately; and
    7. EzLicence does not check or carry out searches or due diligence on Learner Drivers. Driving Instructors are always responsible for and obliged to take all reasonable precautions in relation to their personal and vehicle safety and security and EzLicence is not responsible or liable for any physical, mental or emotional loss, claim, harm or damage suffered as a result or in connection with, or as a consequence of, accepting (or refusing to accept), or taking on a Learner Driver for a lesson.
  4. Warranties by Driving Instructor

  5. The Driving Instructor warrants that they have done all of the following –
    1. complied with all requirements in their state or territory of operation to become a fully qualified driving instructor;
    2. they have no health or medical issues that may prevent them from being fit to drive or instruct Learner Drivers;
    3. they have no police or criminal history and have no pending investigations or charges against them;
    4. they have successfully passed a National Police Criminal History Check;
    5. they have passed a Working With Children check and have provided the reference number to EzLicence; and
    6. personally checked and verified that each Learner Driver has a current and valid driver’s licence at the commencement of each driving lesson, in accordance with clause 2.6. above.
  6. Driving Instructor’s Use of EzLicence Website

  7. The Driving Instructor agrees –
    1. they are required to have a username and password to access and use the EzLicence website;
    2. that they will not divulge their username or password to anyone or allow others to use it on their behalf;
    3. that they will only use the EzLicence website for its intended purpose, which is to connect Driving Instructors with Learner Drivers;
    4. that they will keep Learner Drivers' data secure;
    5. the information they have provided is current, true and correct;
    6. to amend their details whenever their circumstances change as a matter of priority;
    7. not to use the EzLicence platform for any illicit purposes including to disseminate hate speech or similar views; and
    8. not to use the EzLicence platform to promote any third parties.
  8. Fidelity

  9. The Driving Instructor agrees:
    1. not to encourage Learner Drivers who have booked a lesson through the EzLicence website to use other services or book through facilities that are not the EzLicence platform, including to encourage a Learner Driver to book driving lessons personally through that Driving Instructor;
    2. not to do any acts or omit to do things that damage or may damage the reputation of EzLicence.
  10. The Driving Instructor agrees that a breach of clause 5 will result in immediate termination of the Agreement pursuant to clause 38., and removal from the EzLicence website and platform.
  11. Policies

  12. The Driving Instructor warrants that they have read and understood the following documents –
    1. the Payment Policy;
    2. the EzLicence Privacy Policy; and
    3. the EzLicence Policies and Procedures that may be provided to Driving Instructors from time to time.
  13. The Driving Instructor further warrants that they agree to the Policies and agree to any amendments as made from time to time. The parties agree that all Policies and subsequent amendments are binding on the parties. Links to the Policies can be found in the Schedule to this document.
  14. Quality Assurance

  15. The Driving Instructor acknowledges and agrees that –
    1. EzLicence is dedicated to providing ‘real time bookings’ and providing services that allow Learner Drivers to have control over the date and time of their bookings;
    2. EzLicence maintains and expects only the highest quality of services from Driving Instructors;
    3. EzLicence relies on its reputation with Learner Drivers to secure word of mouth sales and to generate customers and bookings; and
    4. the Driving Instructor must adhere to and comply with all standards determined by EzLicence in carrying out its services, as set out in, but not limited to, clause 10. below.
  16. The Driving Instructor agrees –
    1. to be respectful to Learner Drivers and EzLicence staff;
    2. to ensure that they are available and willing to take all lesson bookings made on dates and at times as allocated as ‘available’ by the Driving Instructor;
    3. to maintain an accurate diary and calendar of all lessons agreed to (in accordance with clauses 34 and 35);
    4. to arrive on time for all lessons with Learner Drivers;
    5. to maintain a professional appearance while conducting lessons with Learner Drivers;
    6. not to behave in a discriminatory, demeaning or derogatory way, or use threatening, abusive or offensive language towards Learner Drivers or EzLicence staff;
    7. not to eat or drink while conducting driving lessons;
    8. not to use a mobile phone or similar electronic device while conducting driving lessons; and
    9. not to take or accept money, money’s worth, tips or other types of bribes from Learner Drivers.
  17. If the Driving Instructor receives poor feedback from a Learner Driver, whether based on a failure to comply with clause 10 or otherwise, EzLicence may at its sole and absolute discretion immediately terminate the Driving Instructors registration with EzLicence pursuant to clause 38.8.
  18. Insurance

  19. The Driving Instructor is solely and absolutely responsible for holding and maintaining the insurance set out in this clause 12, and further warrants that they –
    1. have been appropriately endorsed by the relevant insurance provider for the insurance referred to in this clause 12;
    2. hold the appropriate levels of public liability and personal indemnity insurance;
    3. have current compulsory third party vehicle insurance;
    4. hold the appropriate level of comprehensive car insurance that covers accidents that occur while the Driving Instructor is instructing a Learner Driver;
    5. have informed their comprehensive car insurance provider that they are conducting driving lessons;
    6. have received an endorsement by their insurance provider confirming the information referred to in clauses 12.4 and 12.5;
    7. will inform EzLicence when any form of insurance lapses;
    8. have a vehicle that has a dual pedal control;
    9. will only conduct a driving lesson in a vehicle that is –
      1. registered as a driving vehicle with EzLicence;
      2. registered in their own name (or a company controlled by them) subject to clause 16; or
      3. fitted with dual pedal controls; and
    10. will provide information to EzLicence regarding the make, vehicle registration number, model and year of the vehicle, together with a photo of the car.
  20. Certification Verification Requirements

  21. EzLicence requires that Driving Instructors produce a copy of their –
    1. C Class driver's licence which is valid in the state in which the Driving Instructor operates; and
    2. Driving Instructors Licence C Class which is valid in the state in which the Driving Instructor operates; and
    3. working with children credentials.
  22. Driving Instructors agree to notify EzLicence when these certifications lapse.
  23. Vehicle Requirements

  24. Driving Instructors agree that their vehicle is to remain at all times –
    1. roadworthy;
    2. clean;
    3. well maintained; and
    4. registered.
  25. Driving Instructors agree to notify EzLicence immediately when they intend to use a different vehicle to conduct driving lessons and may not use a different vehicle unless and until they have notified EzLicence.
  26. Tax Compliance

  27. Driving Instructors agree to comply with all Australian tax requirements including paying any applicable GST if transacting through the EzLicence or associated websites. In particular, Driving Instructors acknowledge that they will be required to charge and remit GST on taxable supplies if they are registered or are required to be registered for GST in accordance with the A New Tax System (Goods and Services Tax Act) 1999 (Cth) as interpreted by the binding rulings published by the Federal Commissioner of Taxation from time to time, and Driving Instructors are responsible for paying this.
  28. Suggested Retail Price per Lesson

  29. The Driving Instructor appoints Ezlicence as the limited payment collection agent solely for the purpose of accepting the lesson payment.
  30. The Driving Instructor agrees that the payment made by the Learner Driver to Ezlicence shall be considered the same as payment made directly by the Learner Driver to the Driving Instructor, and is a discharge of the driving lesson.
  31. This clause 20 sets out the suggested retail prices (SRP) per one hour lesson which is based on the location of the Learner Driver and other factors as determined by Ezlicence and which may change from time to time. The SRPs per lesson is dependent on Learner Driver location and is currently set as follows –
    1. $60 SRP per one hour lesson;
    2. $65 SRP per one hour lesson; or
    3. $70 SRP per one hour lesson; or
    4. $189 SRP per one driving test package booked consisting 45 minutes lesson and the use of the Driving Instructor’s vehicle for the driving test [Driving Test Package].
  32. The SRPs set out in clause 20 are a guide only and Driving Instructors may, and are free, at their discretion, to allocate a lower price per one hour lesson at any time and on notice to Ezlicence. The Driving Instructor –
    1. must not charge or allocate a price that is higher than the current SRP; and
    2. acknowledges and agrees that the relevant Discount Bands as set out in the Payment Policy will attach to any lower price allocated per lesson.
  33. Subject to clause 23, in return for EzLicence providing the Driving Instructor with the connection to the Learner Driver, payment collection of the lesson fee and processing and support services, the Driving Instructor agrees to pay EzLicence –
    1. a service fee calculated at 25% of the applicable one hour lesson SRP as referred to in clause 20, which is inclusive of GST (the Service Fee), and which will apply regardless of the actual price charged for or allocated to that lesson by the Driving Instructor pursuant to clause 21; and
    2. a monthly admin fee of $3.16 (Admin Fee).
  34. The Admin Fee will be charged if at least one lesson payment has been validated by the Driving Instructor in the relevant calendar month.
  35. The Service Fee will be amended to reflect any Discount Bands applied to a lesson. The Service Fee does not apply to the Driving Test Package referred to in clause 20.4. Ezlicence will instead charge a flat Driving Test Package Fee of $29.00.
  36. EzLicence will render a tax invoice to the Driving Instructor for the Service Fee, the Driving Test Package fee and the Admin Fee fortnightly.
  37. Driving Instructor Payment Terms

  38. Learner Drivers will pay Driving Instructors for each lesson validated by that Driving Instructor pursuant to clause 32.2.
  39. EzLicence will forward all payments referred to in clause 26. above to the Driving Instructor every second Monday, based on all accrued lesson payments as validated by the Driving Instructor in the previous two weeks and in accordance with the Payment Policy.
  40. EzLicence will provide to the Driving Instructor an invoice for each payment, setting out the following for each lesson –
    1. Lesson ID, date and duration of lesson;
    2. price allocated;
    3. Service Fees deducted;
    4. Admin Fees deducted; and
    5. GST.
  41. Ezlicence may amend the SRPs, the Service Fee, or the Admin Fee on 30 days’ notice to the Driving Instructor in accordance with clauses 54 and 55 The revised fees will then from that time be deemed to take effect automatically.
  42. Driving Instructors bear all risk associated with non-payments by Learner Drivers.
  43. Driving Instructors are required to inform EzLicence immediately if they believe that a Learner Driver is acting fraudulently in relation to payments.
  44. Validation of lessons

  45. In order to be paid for a lesson, the Driving Instructor agrees to the following –
    1. when a Learner Driver books a lesson the lesson payment is allocated to the chosen Driving Instructor;
    2. the Driving Instructor must validate the lesson through the EzLicence website in order to be paid;
    3. Driving Instructors receive a notification at the completion of each lesson that links Driving Instructors directly to the lesson validation system authorising the Driving Instructor's payment during the next pay cycle;
    4. Driving Instructors can log in to the lesson validation system at any time and validate lessons that have not been validated; and
    5. if lessons are not validated within 14 days, the Driving Instructor irrevocably forfeits the payment, and will not be paid for that lesson.
  46. Refund of lesson payments

  47. If EzLicence believes a lesson payment that has been validated by a Driving Instructor should be refunded to a Learner Driver or a third party, EzLicence will forfeit its Service Fee and, either of the following will also apply -
    1. if the lesson payment has not yet been received by the Driving Instructor, EzLicence will deduct the allocated revenue share subject to the refund from the Driving Instructor’s next fortnightly payment; or
    2. if the Driving Instructor has received payment for the validated lesson, EzLicence will deduct the equivalent payment from the Driving Instructor’s next fortnightly payment if that payment contains sufficient funds to cover the refund amount.
  48. Calendar System

  49. Driving Instructors agree to update their own calendar immediately when notified of a Learner Driver booking through EzLicence.
  50. Driving Instructors agree to update the EzLicence calendar portal when other learner drivers book privately through the Driving Instructor so that EzLicence lessons are not booked during this time.
  51. Lesson Cancellation/Rescheduling Fee

  52. If a Learner Driver cancels or reschedules a lesson more than 5 hours before a lesson, the Learner Driver will receive a credit for 100% of the full lesson charge, and the Driving Instructor will receive no payment for that lesson.
  53. If a Learner Driver cancels or reschedules a lesson 5 hours or less before the lesson is due to start, the Driving Instructor may at its sole discretion charge the Learner Driver for the full price of the lesson.
  54. Events of Termination

  55. EzLicence may, in its discretion, restrict, suspend or cancel a Driving Instructor’s registration upon providing Written Notice under the following circumstances –
    1. where a Driving Instructor breaches this Agreement;
    2. where a Driving Instructor has committed an offence, including where the Driving Instructor has been charged with or has been convicted of a criminal offence;
    3. where a Driving Instructor’s working with children credentials have been falsified or have expired;
    4. where a Driving Instructor is no longer a licensed driver or not otherwise permitted by law to be a licensed driving instructor;
    5. where a Driving Instructor is the subject of legal proceedings relating to a motor vehicle accident;
    6. where a third party conducts a driving lesson on the Driving Instructor’s behalf;
    7. where the Driving Instructor conducts a driving lesson in a vehicle other than that (or those) of which EzLicence has been notified; and
    8. where the Driving Instructor receives poor Learner Driver feedback or accumulates a poor rating as determined by EzLicence.
  56. If a failure of a Driving Instructor to perform their obligations under this Agreement is not rectified within 7 days, EzLicence may restrict, suspend or cancel a Driving Instructor’s registration on the EzLicence website without giving notice to the Driving Instructor.
  57. EzLicence will remove the ability for Learner Drivers to book lessons with Driving Instructors immediately when any form of documentation or insurance that EzLicence has in its records expired.
  58. A Driving Instructor may terminate this Agreement by de-registering their account on the EzLicence website and platform, in which event the Driving Instructor agrees –
    1. that all Driving Instructor data and information will be retained by EzLicence for an indefinite period unless that Driving Instructor expressly requests that EzLicence permanently delete their data and information.
  59. MISCELLANEOUS

    Confidentiality

  60. Driving Instructors are not to use Learner Driver information except for the express purpose of providing driving lessons.
  61. Indemnity

  62. Driving Instructors agree to indemnify and protect EzLicence against any actions, damages, claims, demands, prosecutions, fines and penalties including through negligence which occur as a result or in relation to their actions as a Driving Instructor.
  63. Clauses 43 and 44 survive termination of the Agreement.
  64. Privacy

  65. EzLicence and Driving Instructors agree to adhere to the Australian Privacy Principles from time to time in force (if applicable).
  66. Driving Instructors agree to EzLicence using Driving Instructor information and personal data for marketing purposes.
  67. Driving Instructors may obtain access to personal information that we have on record by sending a request to [email protected] By entering into this Agreement Driving Instructors acknowledge that they have read the Privacy Policy and agree to the EzLicence Privacy Policy as amended from time to time.
  68. Intellectual Property

  69. The Driving Instructor agrees that all intellectual property and copyright rights over or in connection with EzLicence products and resources are owned by EzLicence exclusively.
  70. Force Majeure

  71. Neither EzLicence or Driving Instructors 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.
  72. Arbitration

  73. If any dispute arises between a Driving Instructor and EzLicence, the following procedures apply –
    1. 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 –
      1. the parties agree to hire a mediator to mediate over the dispute;
      2. the mediation will take place via Skype; and
      3. the mediator will 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
    2. If the mediation process fails, the parties agree to refer the matter to an arbitrator in accordance with the following procedures –
      1. the arbitration is to be conducted by a single arbitrator who is to be agreed by the parties;
      2. 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;
      3. the arbitration will be conducted in accordance with the Rules of Conduct of commercial arbitrators and any guidelines issued by the Institute of Arbitrators; and
      4. the parties agree that the decision of the arbitrator is binding on the parties.
  74. The costs of mediation or arbitration are to be shared equally between the parties.
  75. No Waiver

  76. A failure or delay by EzLicence in exercising a right does not constitute a waiver of EzLicences' rights to pursue an action.
  77. No Assignment of Agreement

  78. The Driving Instructor is not allowed to sell, assign, sub-lease or transfer this Agreement to anyone else.
  79. Modification of Agreement

  80. EzLicence may change this Agreement from time to time upon 30 days’ notice to the Driving Instructor.
  81. Subject to clause 54 -
    1. a Driving Instructor who continues to use the EzLicence website and accept books for lessons from Learner Drivers is considered to accept the new terms as updated from time to time; and
    2. it is the responsibility of the Driving Instructor to read through the amended terms and conditions as required from time to time.
  82. Notice

  83. Notices provided under this Agreement may be provided by –
    1. email;
    2. any other form of electronic communication, including via the EzLicence website; or
    3. by any other means used on a regular basis by both parties.
  84. Severability

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

  87. This Agreement are governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia.
  88. Entire Agreement

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

  91. 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;

    Discount Band means the discount applied where multiple lessons have been booked as set out in the Payment Policy.

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

    Event of Termination means those events set out in clauses 38 – 41.

    EzLicence means EzLicence Pty Ltd;

    Learner Driver means a person who is at least 16 years old or older who has booked a driving lesson through EzLicence (or their parent acting as the minors agent);

    Payment Policy means the EzLicence Payment Policy;

    Policies means the Payment Policy and the Privacy Policy;

    Privacy Policy means the EzLicence Privacy Policy; and

    Written Notice includes notification given by email or SMS.

  92. Interpretation

  93. In the interpretation of this Agreement:
    1. every aspect of this document with the exception of the headings are substantive parts of this Agreement and are to be read accordingly;
    2. headings are used for convenience, but are not to be interpreted as part of this Agreement;
    3. when the singular is mentioned, it also means the plural of that word, and vice versa;
    4. words specifying one gender includes all other genders; and
    5. 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.
  94. In the event of any inconsistency between the provisions of this Agreement and the Payment Policy, this agreement shall prevail.

  95. SCHEDULE 1 - EzLicence Payment Policy

    The EzLicence Payment Policy can be accessed at https://www.ezlicence.com.au/payment-policy


    SCHEDULE 2 - EzLicence Privacy Policy

    The EzLicence Privacy Policy can be accessed at https://www.ezlicence.com.au/privacy-policy