Driving Instructor Terms and Conditions


Parties

This Agreement is between –

  • Ez Licence Pty Ltd ABN 43 612 095 968 trading as EzLicence (EzLicence); and
  • the Driving Instructor who has signed up to the EzLicence platform in accordance with this Agreement (Driving Instructor);

each a Party and together the Parties.

EzLicence Disclosures

EzLicence’s complete terms and conditions are contained below, but some important points for Driving Instructor to know before it joins EzLicence as a Driving Instructor are set out below:

  • EzLicence may amend this Agreement or the features of the EzLicence and BMP Services at any time, by providing written notice to Driving Instructor;
  • Driving Instructor’s contact information will be passed on to a Learner Driver who elects to purchase driving lessons from them;
  • To the maximum extent permitted by law, any fees payable by Driving Instructor to EzLicence are non-refundable;
  • To the maximum extent permitted by law, EzLicence shall have no Liability to Driving Instructor for any loss or corruption of data, or any scheduled or emergency maintenance that causes the platform to be unavailable.
  • EzLicence’s aggregate liability for any Liability arising from or in connection with this Agreement will be limited to EzLicence resupplying the BMP to Driving Instructor or, in EzLicence’s sole discretion, to EzLicence repaying Driving Instructor the amount of the fees paid by Driving Instructor to EzLicence during the term; and
  • EzLicence may terminate Driving Instructor’s Agreement with it at any time by giving 30 days’ written notice.

Nothing in these terms limit Driving Instructor’s rights under the Australian Consumer Law.

About this Agreement

This Agreement covers the two ways in which you can use the EzLicence platform.

EzLicence Marketplace means the online marketplace, where Driving Instructors and Learner Drivers are connected by EzLicence.

Business Management Platform or BMP means the business management platform available on EzLicence, which allows Driving Instructors to manage bookings and payments for their Private Clients.

Term of Agreement

  1. This Agreement commences when Driving Instructor accepts these terms and conditions by clicking “I accept” or registering on the EzLicence platform, and continues until terminated in accordance with this Agreement. By accepting this Agreement, Driving Instructor acknowledges that it has read, understands and agrees to comply with the terms of this Agreement.

EZLICENCE MARKETPLACE

The following clauses apply to the use of the EzLicence Marketplace Services:

Relationship of the parties

  1. 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. EzLicence provides the platform to users (including hosting and maintaining the platform), utilise marketing strategies to gain potential Learner Drivers to purchase lessons from the platform, and process payments and facilitate bookings between Learner Drivers and Driving Instructors (together the EzLicence Marketplace Services);
    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.

Warranties by Driving Instructor

  1. 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.

Driving Instructor’s Use of EzLicence Marketplace

  1. 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.

Fidelity

  1. The Driving Instructor agrees:
    1. not to book a Learner Driver for driving lessons through any other means other than through the EzLicence Marketplace;
    2. not to do any acts or omit to do things that damage or may damage the reputation of EzLicence.
  2. 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.

Policies

  1. The Driving Instructor warrants that they have read and understood the following documents –
    1. The EzLicence Driving Instructor Code of Conduct;
    2. the Payment Policy;
    3. the EzLicence Privacy Policy; and
    4. the EzLicence Policies and Procedures that may be provided to Driving Instructors from time to time.
  2. 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.

Quality Assurance

  1. 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.
  2. 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.
  3. 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 Instructor’s registration with EzLicence pursuant to clause 38.8.

Insurance

  1. 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.

Certification Verification Requirements

  1. 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.
  2. Driving Instructors agree to notify EzLicence when these certifications lapse.

Vehicle Requirements

  1. Driving Instructors agree that their vehicle is to remain at all times –
    1. roadworthy;
    2. clean;
    3. well maintained; and
    4. registered.
  2. 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.

Tax Compliance

  1. 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.

Suggested Retail Price per Lesson

  1. The Driving Instructor appoints EzLicence as the limited payment collection agent solely for the purpose of accepting the lesson payment.
  2. 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.
  3. 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. $50 SRP per one hour lesson; or;
    2. $55 SRP per one hour lesson; or;
    3. $60 SRP per one hour lesson; or;
    4. $65 SRP per one hour lesson; or;
    5. $70 SRP per one hour lesson; or;
    6. $75 SRP per one hour lesson; or;
    7. $80 SRP per one hour lesson
    8. $199 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].
  4. 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.
  5. 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).
  6. The Admin Fee will be charged if at least one lesson payment has been validated by the Driving Instructor in the relevant calendar month.
  7. 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 $39.00.
  8. EzLicence will render a tax invoice to the Driving Instructor for the Service Fee, the Driving Test Package fee and the Admin Fee fortnightly.

Driving Instructor Payment Terms

  1. Learner Drivers will pay Driving Instructors for each lesson validated by that Driving Instructor pursuant to clause 32.2.
  2. 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.
  3. 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.
  4. 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.
  5. Driving Instructors bear all risk associated with non-payments by Learner Drivers.
  6. Driving Instructors are required to inform EzLicence immediately if they believe that a Learner Driver is acting fraudulently in relation to payments.

Validation of lessons

  1. 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. For the first 20 lessons, driving instructors will receive a notification at the end of each lesson. The notifications will link driving instructors directly to the lesson validation system authorising the 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 72 hours, the Driving Instructor irrevocably forfeits the payment, and will not be paid for that lesson.

Refund of lesson payments

  1. 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.

Calendar System

  1. Driving Instructors agree to update their own calendar immediately when notified of a Learner Driver booking through EzLicence.
  2. 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.

Lesson Cancellation/Rescheduling Fee

  1. If a Learner Driver cancels or reschedules a lesson more than 24 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.
  2. If a Learner Driver cancels or reschedules a lesson 24 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.

Events of Termination

  1. 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.
  2. 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.
  3. 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.
  4. 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.

BUSINESS MANAGEMENT PLATFORM (BMP)

The following clauses apply to the use of the Business Management Platform (BMP).

BMP Services

  1. EzLicence provides Driving Instructors with the ability to utilise the Business Management Platform (BMP), a software platform which allows Driving Instructors to view, manage and take payment for their Private Client bookings, as well as facilitating automated communications with the Private Client (BMP Services).
  2. Driving Instructors may be granted access to the BMP, and can utilise the BMP Services by inviting their clients who they have sourced independently of EzLicence and have not engaged the Driving Instructor previously through the EzLicence Marketplace (Private Clients).
  3. In consideration of Driving Instructor’s payment of the BMP Fees, EzLicence agrees to provide the BMP Services, and any other services it agrees to provide as set out in Driving Instructor’s EzLicence account.
  4. EzLicence agrees to use its best endeavours to make the BMP available at all times. However, from time-to-time EzLicence may perform reasonable scheduled and emergency maintenance, and the BMP may be unavailable during the times EzLicence is performing such maintenance.
  5. Should Driving Instructor be unable to access the BMP, or should Driving Instructor have any other questions or issues impacting on Driving Instructor’s use and enjoyment of the platform, Driving Instructor must place a request via email to support@ezlicence.com.au]. EzLicence will endeavour to respond to any support requests in a reasonable period.
  6. Driving Instructor acknowledges and agrees that the BMP may be reliant on, or interface with third party systems that are not provided by EzLicence (for example, payment system providers) (Third Party Services). To the maximum extent permitted by law, EzLicence shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
  7. Driving Instructor acknowledges and agree that data loss is an unavoidable risk when using any software. To the extent Driving Instructor inputs any data into the BMP, Driving Instructor agrees to maintain a backup copy of any data Driving Instructor inputs into the platform.
  8. To the maximum extent permitted by law, EzLicence shall have no Liability to Driving Instructor for any loss or corruption of data, or any scheduled or emergency maintenance that causes the platform to be unavailable.

Inviting Private Clients to the BMP

  1. Driving Instructors can invite their Private Clients to the BMP, by sharing their unique link with the Private Client, via email, phone, website or any other means. By clicking the link, the Private client will then be asked to create an account for the BMP, and will be invited to book in and pay for driving lessons with the Driving Instructor who has invited them to the BMP.
  2. Driving Instructors can also invite their Private Clients to the BMP by entering their contact information directly into the BMP. The Private client will then receive a SMS or email inviting them to book in and pay for driving lessons with the Driving Instructor who has invited them to create an account for the BMP. Where a Driving Instructor elects to invite their Private Clients to the BMP by entering their contact information directly into the BMP on their behalf, the Driving Instructor warrants:
    1. it has consent from the Private Client to collect and share the Private Client’s personal information with EzLicence for the purposes of inviting them to the BMP; and
    2. the Private Client has given consent to the Driving Instructor for EzLicence to contact them for the purposes set out in 51.1.

Driving Instructor’s use of the BMP

  1. When using the BMP, the Driving Instructor warrants and agrees that:
    1. the BMP is purely a platform for the Driving Instructor to manage and take payment for their Private Client bookings. EzLicence is not in any way responsible or involved in the agreement between the Private Client and Driving Instructor, and it is up to the Driving Instructor to manage all bookings, services and cancellations or refunds with the Private Client;
    2. the Driving Instructor will not engage a Private Client who has otherwise booked that Driving Instructor through the EzLicence Marketplace at any time previously;
    3. the Driving Instructor has read and agrees to the terms and conditions set out in this Agreement relating to the use of the BMP;
    4. the Driving Instructor will inform EzLicence immediately if the details of the Driving Instructor change, including its payment details; and
    5. the Driving Instructor may have obligations to its Private Clients under the Australian Consumer Law, and must agree to abide by the Australian Consumer Law at all times.
  2. It is the Driving Instructor’s responsibility to contact the Private Client if they are unavailable at the time a Private Client has booked a lesson, or is otherwise unable to provide the services that the Private Client has booked them for.
  3. The Driving Instructor must ensure that the term and conditions of purchase of driving lessons between it and the Private Client is clear at the time of purchase. EzLicence may provide some example terms and conditions for Driving Instructor to use, but recommends Driving Instructor gets its own independent legal advice as to whether these are appropriate for them. Any terms and conditions provided are to be used at the Driving Instructor’s sole risk.

BMP Payment Terms

  1. When a Private Client purchases a lesson/s with the Driving Instructor through the BMP, they can make a purchase with their nominated payment method through the BMP. These pre-purchased lessons become ‘credits’ which they can use with the Driving Instructor within 3 years of purchase. Driving Instructor can select its own pricing for lessons, but it will default to the SRP. In any case, the price the Driving Instructor selects must be in-line with the Driving Instructor’s pricing on the EzLicence Marketplace.
  2. EzLicence will send a receipt to the Private Client on behalf of the Driving Instructor when they purchase lessons through the BMP.
  3. The Driving Instructor appoints EzLicence as the limited payment collection agent solely for the purpose of accepting the lesson payment.
  4. EzLicence will forward to Driving Instructor all lesson payments received by Private Clients every second Monday, less the BMP Service Fee, based on all accrued lesson payments in the previous two weeks.
  5. In return for EzLicence providing the Driving Instructor with the BMP platform, and payment collection of the lesson fee, the Driving Instructor agrees to pay EzLicence a payment processing fee calculated at 1.75% of the applicable lesson payment, which is inclusive of GST (the “BMP Service Fee”), and which will apply regardless of the actual price charged for or allocated to that lesson by the Driving Instructor.
  6. The BMP Service Fee will be amended to reflect any Discount Bands applied to a lesson. The BMP Service Fee does not apply to the Driving Test Package referred to in clause 20.8. EzLicence will instead charge a flat Driving Test Package Fee of $19.00 for Private Clients.
  7. EzLicence will render a tax invoice to the Driving Instructor for the BMP Service Fee fortnightly.
  8. EzLicence may amend the BMP Service Fee on 30 days’ notice to the Driving Instructor. The revised fees will be deemed to take effect automatically after the expiry of the 30-day notice period.
  9. Driving Instructors bear all risk associated with non-payments by Learner Drivers. Note that if a Private Client successfully disputes payment for the lesson via a ‘chargeback,’ EzLicence will immediately invoice the Driving Instructor for the BMP Service Fee, which is to be paid in accordance with the payment terms set out in the invoice.
  10. Any credits purchased by Private Clients for the Driving Instructor’s services will expire 3 years after their purchase, if not redeemed earlier. It is at the Driving Instructor’s sole discretion whether it would like to honour a pre-paid lesson where credits have expired and no longer appear on the BMP.
  11. For any refunds payable to the Private Client, the Driving Instructor is responsible for facilitating and making refunds outside the BMP. Driving Instructor will be able to mark a prepaid Private Client service as ‘refunded’ and remove the applicable booking credits from the Private Client in the BMP.

Intellectual Property

  1. Driving Instructor agrees that EzLicence owns all Intellectual Property in the BMP.
  2. EzLicence authorises Driving Instructor to use the Intellectual Property in the BMP solely for Driving Instructor’s limited commercial use. Driving Instructor must not exploit any Intellectual Property in the BMP for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to Driving Instructor only.
  3. Driving Instructor must not, without EzLicence’s prior written consent:
    1. copy, in whole or in part, any of the Intellectual Property in the BMP;
    2. breach any intellectual property rights connected with the BMP, including (without limitation) altering or modifying any of EzLicence’s Intellectual Property, causing any of EzLicence’s Intellectual Property to be framed or embedded in another website, or creating derivative works from any of EzLicence’s Intellectual Property.

Termination

  1. A Driving Instructor may terminate this Agreement by de-registering their account on the EzLicence website and platform.
  2. EzLicence may terminate this Agreement at any time by giving 30 days written notice to Driving Instructor.
  3. EzLicence may terminate this Agreement at any time with written notice to Driving Instructor where Driving Instructor has breached a material term of this Agreement that has not been remedied within 5 Business Days.
  4. On termination, EzLicence will pay Driving Instructor for any credits purchased in the preceding fortnight, at the next fortnightly billing cycle.
  5. For any credits on the BMP that have not been redeemed as lessons by the Private Client, Driving Instructor is solely responsible for any applicable refund to the Private Client for those credits.
  6. Where Driving Instructor’s access to the EzLicence Marketplace has been terminated, Driving Instructor’s access to the BMP will also be immediately terminated.
  7. Should EzLicence suspect that Driving Instructor is in breach of the terms of the Agreement relating to the use of the BMP, EzLicence may suspend Driving Instructor’s access to the EzLicence Marketplace and BMP while EzLicence investigates the suspected breach.
  8. This clause will survive termination or expiry of this Agreement.

GENERAL

The following clauses apply to both the Marketplace Services and BMP Services.

Australian Consumer Law

  1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer Driving Instructor with rights, warranties, guarantees and remedies relating to the provision of the BMP Services and EzLicence Marketplace Services by EzLicence to Driving Instructor which cannot be excluded, restricted or modified (Consumer Law Rights).
  2. If the ACL applies to Driving Instructor as a consumer, nothing in these Terms excludes Driving Instructor’s Consumer Law Rights as a consumer under the ACL. Driving Instructor agrees that EzLicence’s Liability for the BMP Services and EzLicence Marketplace Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
  3. Subject to Driving Instructor Consumer Law Rights, EzLicence excludes all express and implied warranties, and all material, work and services are provided to Driving Instructor without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
  4. This clause will survive the termination or expiry of this Agreement.

Liability

  1. Despite anything to the contrary, and to the maximum extent permitted by law:
    1. Driving Instructor agrees to indemnify EzLicence, and hold EzLicence harmless, for any Liability EzLicence incurs due to Driving Instructor’s breach of this Agreement;
    2. neither Party will be responsible for Consequential Loss;
    3. each Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
    4. EzLicence’s aggregate liability for any Liability arising from or in connection with this Agreement will be limited to EzLicence resupplying the BMP to Driving Instructor or, in EzLicence’s sole discretion, to EzLicence repaying Driving Instructor the amount of the fees paid by Driving Instructor to EzLicence during the term.
  2. This clause will survive termination or expiry of this Agreement.

Confidentiality

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

Indemnity

  1. 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.
  2. Clauses 84 and 85 survive termination of the Agreement.

Privacy

  1. EzLicence and Driving Instructors agree to adhere to the Australian Privacy Principles from time to time in force (if applicable).
  2. Driving Instructors agree to EzLicence using Driving Instructor information and personal data for marketing purposes.
  3. Driving Instructors may obtain access to personal information that EzLicence have on record by sending a request to admin@ezlicence.com.au. 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.

Intellectual Property

  1. 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.

Force Majeure

  1. 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 this Agreement 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

  1. 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 an agreed video conferencing platform; 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.
  2. The costs of mediation or arbitration are to be shared equally between the parties.

No Waiver

  1. A failure or delay by EzLicence in exercising a right does not constitute a waiver of EzLicence’s rights to pursue an action.

No Assignment of Agreement

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

Modification of Agreement

  1. EzLicence may change this Agreement from time to time upon written notice to the Driving Instructor.
  2. Subject to clause 93 -
    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.

Notice

  1. 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.

Severability

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

Governing Law

  1. This Agreement is governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia.

Entire Agreement

  1. 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.

Definitions

  1. 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;

    Australian Consumer Law means the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth)

    Business Management Platform or BMP means the business management platform available on EzLicence, which allows Driving Instructors to manage bookings and payments for Private Clients.

    Code of Conduct means the EzLicence Driving Instructor Code of Conduct.

    Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

    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 Ez Licence Pty Ltd;

    EzLicence Marketplace means the online marketplace, where Driving Instructors and Learner Drivers are connected by EzLicence.

    Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

    Learner Driver means a person who is at least 16 years old or older who has booked a driving lesson through EzLicence, and a secondary account holder who has purchased the driving lesson for the Learner Driver;

    Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to this Agreement or otherwise;

    Payment Policy means the EzLicence Payment Policy;

    Policies means the Payment Policy, the Privacy Policy, and the Driving Instructor Code of Conduct;

    Privacy Policy means the EzLicence Privacy Policy;

    Private Clients has the meaning given to it in clause 43.

    Written Notice includes notification given by email or SMS.

Interpretation

  1. 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.
  2. In the event of any inconsistency between the provisions of this Agreement and the Payment Policy, this Agreement shall prevail.

SCHEDULE 1 - EzLicence Payment Policy

The EzLicence Payment Policy can be accessed at https://support.ezlicence.com.au/hc/en-au/articles/23384905563929-Payment-Policy

SCHEDULE 2 - EzLicence Privacy Policy

The EzLicence Privacy Policy can be accessed at https://support.ezlicence.com.au/hc/en-au/articles/23384666056729-EzLicence-Privacy-Policy

SCHEDULE 3 – EzLicence Driving Instructor Code of Conduct

The EzLicence Driving Instructor Code of Conduct can be accessed at https://support.ezlicence.com.au/hc/en-au/articles/23460566287641