Learner Driver Terms and Conditions

These Terms are between –

  • the Learner Driver who is making a purchase for a Driving Lesson (Learner Driver); and
  • the Driving Instructor who will provide services to the Learner Driver by undertaking the Driving Lessons (Driving Instructor).

Learner Driver accepts these Terms by booking a driving lesson/s or driving test package (Driving Lesson) with the Driving Instructor.

  1. Licence

    The Learner Driver warrants and agrees that they have a current and valid learner driving permit in the state/ territory in which they are receiving the Driving Lesson, or any other driver’s licence type that legally allows them to drive in the state or territory in which they are undertaking driving lessons with Driving Instructor (Learner Driver Permit).

    These Terms automatically terminate if a Learner Driver ceases to hold or is found not to have a valid current or Learner Driving Permit.

  2. Relationship of the Parties

    The Learner Driver acknowledges and agrees that:

    • they are directly engaging a Driving Instructor, who is at all times acting as an independent contractor to schedule, arrange and give driving lessons;
    • EZLicence (Site) is merely a platform that the Driving Instructor is using to facilitate bookings and payment of Driving Lessons, and any agreement to undertake driving lessons is between the Learner Driver and the independent Driving Instructor, to which EzLicence is not a party.
  3. Services

    Driving Instructor agrees to provide the Driving Lessons in consideration for the Fees:

    • in accordance with these Terms and all applicable laws;
    • with due care, skill and diligence;
    • with due expedition and without delay; and
    • in a proper and professional manner and in accordance with best industry practice.

    The Learner Driver agrees to comply with the following rules when participating in the Driving Lessons:

    • arriving punctually to Driving Lessons at the agreed time with the Driving Instructor;
    • following all instructions of the Driving Instructor;
    • acting safely, being aware of risks, not using a mobile phone or other electronic device while undertaking Driving Lessons, and not putting people or property in danger; and
    • not offering money (other than the Fees), tips, or bribes to Driving Instructor.
  4. Purchasing Driving Lessons

    Learner Driver may order Driving Lessons from Driving Instructor as set out on the Site. If Learner Driver purchases Driving Lessons on the Site, they are agreeing to purchase the Driving Lessons for the price listed on the Site (Fees).

    The Fees will be charged at the time the Driving Lessons are purchased on the Site using the nominated payment method. EZLicence are Driving Instructor’s limited payment agent for the purposes of collecting the Fees on its behalf.

    Learner Driver must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If Learner Driver makes a payment by debit card or credit card, it warrants that it is authorised to use the debit card or credit card to make the payment.

    When a Learner Driver pays for a Driving Lesson/s, a credit or credits will be issued to Learner Driver for the value of each Driving Lesson paid for which will be held on account by Driving Instructor, and which can be viewed on the Site.

    Credits for Driving Lessons are:

    • non-refundable, non-transferrable, and may not be assigned to or used by any other person other than the Learner Driver to which the credit has been issued; and
    • must be used to book a Driving Lesson within 36 months of the date of the Learner Driver making payment for those credits, after which time it will expire and be forfeited.

    The Learner Driver agrees that Driving Instructor may alter its Driving Lesson Fees, or other fees as the case may be, from time to time and at its discretion. The Learner Driver will be notified of all Fees and additional fees at the point of purchase, and be required to accept such Fees and additional fees before payment is made. Any purchased credits paid for prior to the change in Fees will remain unaffected by any such increase.

  5. Bookings and Rescheduling Bookings

    Learner Driver can schedule a time for a Driving Lesson by making a booking on the Site on the Driving Instructor’s calendar. Once the booking has been made and accepted, it will become a Driving Lesson Booking.

    If the Learner Driver cancels or reschedules more than 5 hours before a Driving Lesson Booking, the Learner Driver will be reissued the credit by the Driving Instructor for 100% of the value of the Driving Lesson Fee, allowing Learner Driver to rebook.

    If the Learner Driver cancels or reschedules 5 hours or less before the Driving Lesson Booking is due to start, or in a ‘no show’, then Driving Instructor will be entitled to charge the Learner Driver for the total price of that Driving Lesson, and Learner Driver will forfeit the associated credits. Learner Driver acknowledges and agrees that the fee for cancellation or rescheduling within 5 hours of the Driving Lesson, being the total price of the Driving Lesson, is not excessive and relates to the reasonable costs and expenses incurred by the Driving Instructor.

    If a Driving Instructor cancels a Driving Lesson Booking, Learner Driver will be reissued the credit, allowing Learner Driver to rebook.

  6. Australian Consumer Law

    Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Driving Instructor’s services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Driving Lessons you are entitled:

    • to cancel these Terms with Driving Instructor; and
    • to a refund for the unused portion, or to compensation for its reduced value.

    Learner Driver is also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, Learner Driver is entitled to have problems with the Driving Lessons rectified in a reasonable time and, if this is not done, to cancel Learner Driver’s contract and obtain a refund for the unused portion of the contract.

  7. Limitations

    • Learner Driver may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
    • Despite anything to the contrary, to the maximum extent permitted by law:
      • Driving Instructor’s maximum aggregate liability arising from or in connection with the Terms (including the Driving Lessons and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Fees paid by Learner Driver to Driving Instructor for the Driving Lesson the subject of the relevant claim; and
      • Driving Instructor will not be liable to Learner Driver for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated 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.
    • Despite anything to the contrary, to the maximum extent permitted by law, Driving Instructor will not be liable for, and Learner Driver waives and releases Driving Instructor from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond Driving Instructor’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
    • Despite anything to the contrary, to the maximum extent permitted by law, Driving Instructor will have no liability, and Learner Driver releases and discharges Driving Instructor from all liability, arising from or in connection with any:
      • loss of, or damage to, the products, or any injury or loss to any person;
      • failure or delay in providing the products; or
      • breach of the Terms or any law,
      • where caused or contributed to by any:

      • event or circumstance beyond Driving Instructor’s reasonable control; or
      • act or omission of Learner Driver.
  8. 8 General

    • Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
    • Entire agreement: Subject to Learner Driver’s rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between the parties in respect of their subject matter.
    • Amendment: Driving Instructor may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, Driving Instructor recommends Learner Driver carefully reads the terms that are in effect at that time to ensure it understands and agrees to them. For any Driving Lesson that has been accepted by Driving Instructor, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you purchased that Driving Lesson.
    • Governing law: These Terms are governed by the laws of the state or territory in which you are receiving Driving Lessons. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in that state or territory and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Last updated: 20 December 2021