Learner Driver Terms and Conditions


Parties

This Agreement is between –

  1. EzLicence; and
  2. the Learner Driver 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. Capacity

  3. The Learner Driver warrants and agrees that they have a current and valid Learner Driving Permit, 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 Instructors.
  4. This Agreement automatically terminates if a Learner Driver ceases to hold or is found not to have a valid current or Learner Driving Permit or another driver’s licence type that has not been suspended and that lawfully allows them to drive. This is considered an essential term by EzLicence.
  5. Relationship of the Parties

  6. The Learner Driver acknowledges and agrees that –
    1. they are directly engaging a Driving Instructor, who is at all times acting as an independent contractor to schedule, arrange and give driving lessons;
    2. EzLicence, and 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. the Driving Instructor is independent of EzLicence and is not an agent, employee, contractor or subcontractor of EzLicence, and EzLicence is not liable or responsible for the conduct, acts or omissions of the Driving Instructors; and
    5. EzLicence does not itself check or carry out searches or due diligence on Driving Instructors. Learner Drivers are always responsible for and obliged to take all reasonable precautions in relation to their personal and property 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 consequence of booking or attending a lesson with a Driving Instructor.
  7. Description of Services

  8. A Learner Driver agrees that they may use the EzLicence website in a variety of ways, including but not limited to –
    1. indicating their personal preferences on the EzLicence website; and
    2. browsing a selection of Driving Instructors on the EzLicence website.
  9. A Learner Driver can compare Driving Instructors by, including but not limited to –
    1. experience;
    2. vehicle details;
    3. availability;
    4. ratings; and
    5. location.
  10. Learner Drivers can be matched with a Driving Instructor based on their preferences.
  11. EzLicence may add new products, change existing products or remove products from the EzLicence website as required from time to time.
  12. Agreement by Learner Driver

  13. The Learner Driver warrants and agrees that they have –
    1. read and understood and consent to be bound by this Agreement; and
    2. a current and valid Learner Driving Permit or other licence type that legally allows them to drive in their state or territory pursuant to clause 2.1.
  14. If you are the parent or guardian of a Learner Driver aged 17 years or younger, you are the financial guarantor of the Learner Driver for their liabilities and obligations as set out in this Agreement and this Agreement binds you and the Learner Driver jointly and severally.
  15. If you are the agent or service provider or person acting on behalf of, a Learner Driver aged 18 years or older you guarantee that the Learner Driver consents to be bound by this Agreement according to clause 9.1 above, and this Agreement binds you and the Learner Driver jointly and severally.
  16. Learner Driver’s Use of EzLicence Website

  17. The Learner Driver agrees to the following conditions –
    1. to use their own username and password, and not to ‘borrow’ another user’s details, to access and use the EzLicence website;
    2. not to divulge their username or password to any one or allow others to use it on their behalf;
    3. only to use the EzLicence website for its intended purpose to connect Driving Instructors with Learner Drivers, and in particular the Learner Driver agrees that EzLicence is –
      1. a third party provider and acts as a matching service between Driving Instructors and Learner Drivers; and
      2. not responsible for the accuracy of a Driving Instructor’s information displayed on the EzLicence website;
    4. that information they have provided is current, true and correct;
    5. to amend their details as soon as their circumstances change;
    6. not to use the EzLicence platform except for as provided for in this Agreement, including not to disseminate hate speech or similar views or any other illegal activities or purposes;
    7. not to use the EzLicence website to access other accounts, data or information from other EzLicence website users;
    8. not to use the EzLicence platform to promote any third parties or other commercial interests; and
    9. not to interrupt the operation or programming structure of the EzLicence website, or attempt or encourage anyone else to do so.
  18. Warranty

  19. EzLicence agrees that its products come with guarantees under the Australian Consumer Law that cannot be excluded under this Agreement. For more information, please visit https://lawhandbook.sa.gov.au/ch10s03s02s01.php
  20. EzLicence guarantees that its services to the Learner Driver will be rendered with due care and skill, be fit for purpose, and be supplied within a reasonable time.
  21. The Learner Driver acknowledges and accepts that the services of EzLicence are strictly limited to those set out in clauses 4 - 8 (inclusive).
  22. To the maximum extent permitted by law, EzLicence’s liability to the Learner Driver for a breach of clauses 13 and 14 is limited at the absolute discretion of EzLicence to –
    1. the re-supply of its services, or
    2. payment of the cost of having those services supplied again.
  23. Fidelity

  24. The Learner Driver agrees not to do any acts or omit to do things that damages or may damage the reputation of EzLicence.
  25. Driving Lessons

  26. The Learner Driver agrees to comply with the following rules, which include but are not limited to –
    1. arriving punctually at lessons with Driving Instructors;
    2. following all instructions of the Driving Instructor;
    3. acting safely, being aware of risks, and not putting people or property in danger (including motor vehicles);
    4. being respectful to Driving Instructors and EzLicence staff;
    5. not using a mobile phone or similar electronic device while undertaking driving lessons;
    6. not offering money, tips, or other types of bribes to Driving Instructors;
    7. not encouraging a Driving Instructor, or accepting an offer by a Driving Instructor, to personally undertake driving lessons with that Driving Instructor outside of, or separate from, the EzLicence platform;
    8. taking reasonable steps to mitigate loss; and
    9. indemnifying EzLicence against loss (pursuant to clauses 40 and 41).
  27. Tax Compliance

  28. The Learner Driver agrees to pay any applicable taxes when transacting through the EzLicence website or any associated websites.
  29. Learner Driver Payment Terms

  30. The Learner Driver agrees to the EzLicence Payment Policy, in force from time to time, as currently set out in Schedule 1.
  31. The Learner Driver acknowledges and agrees that –
    1. they are immediately liable to pay for driving lessons and payment will be processed immediately when a lesson is booked; and
    2. when they enter their respective credit or debit card details, they are authorised to use that card for the transaction.
  32. When a Learner Driver pays for a lesson or lessons, a credit or credits will be issued to that Learner Driver for the value of each lesson paid which will be held on account by EzLicence. Credits issued or arising under this clause 22 or clauses 30 or 33.1 –
    1. 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;
    2. must be used to purchase a lesson, or refunded according to clause 26, within 36 months of the date of the Learner Driver making payment, after which time it will expire and be forfeited to EzLicence, who –
      1. at that time, will have clear and absolute title to those forfeited credits; and
      2. on request of the Learner Driver, and if the expired credit is for an amount more than $82.50, will issue to the Learner Driver a tax invoice for the amount forfeited to EzLicence; and
    3. EzLicence is entitled to use payments for all credits held on account for Learner Drivers and Driving Instructors for any purpose and at any time while those credits are being held on account by EzLicence.
  33. EzLicence can refuse a payment if it believes that –
    1. the credit or debit card holder did not authorise a transaction;
    2. a transaction is considered fraudulent or suspicious; or
    3. in any other circumstances as determined at the sole discretion of EzLicence.
  34. Learner Drivers agree that Driving Instructors and not EzLicence bear all risks associated with any fraudulent or unauthorised payments made by a Learner Driver.
  35. A Learner Driver who signs up for an EzLicence account also agrees to –
    1. the current Stripe payment terms and conditions which can be accessed at https://stripe.com/au/legal ; and
    2. the current PayPal terms and conditions which can be accessed at https://www.paypal.com/au/webapps/mpp/ua/legalhub-full
  36. Refunds

  37. Refunds for lessons that have been validated by a Driving Instructor will be provided according to the Payment Policy at clauses 13 to 15.
  38. Promotions by third parties

  39. The Learner Driver agrees that EzLicence may issue reward cards, gift cards, vouchers or promotional cards in connection with third party offers or services to Learner Drivers from time to time, at the sole discretion of EzLicence.
  40. It is the sole responsibility of the Learner Driver to read and understand the relevant terms and conditions of the provider (which may not be EzLicence) of the promotions or offers referred to in clause 27 above.
  41. Policies

  42. The Learner Driver warrants that they have read and understood the following documents:
    1. the EzLicence Payment Policy;
    2. the EzLicence Privacy Policy; and
    3. any other documents as reasonably required by EzLicence from time to time.
  43. Lesson Cancellation/Rescheduling Fee

  44. If the Learner Driver cancels or reschedules more than 5 hours before a lesson, the Learner Driver will be issued a credit by EzLicence for 100% of the value of the lesson fee.
  45. If the Learner Driver cancels or reschedules 5 hours or less before the lesson is due to start, or in a ‘no show’, then –
    1. Driving Instructor will be entitled to charge the Learner Driver for the total price of that lesson; and
    2. Learner Driver acknowledges and agrees that the fee for cancellation or rescheduling referred to in clause 31.1, being the total price of the lesson, is not excessive and relates to the reasonable costs and expenses incurred by EzLicence and the Driving Instructor.
  46. Lesson Cancellation/Reschedule by Driving Instructor

  47. If a Driving Instructor cancels a lesson at any time before that lesson, EzLicence will, through the EzLicence platform, attempt to provide to the Learner Driver a replacement Driving Instructor to give the lesson within 90 minutes of the previously scheduled time.
  48. If, and only if, a replacement Driving Instructor is not available (referred to in clause 32), EzLicence will provide, at the Learner Driver’s option:
    1. a credit in accordance with clause 22; or
    2. a refund to the cardholder,
    for the value of 100% of the lesson fee.
  49. Costs

  50. The Learner Driver agrees that EzLicence may alter its lesson charges, or other fees as the case may be, from time to time and at its discretion, and -
    1. the price per lesson fluctuates and is determined by the individual Driving Instructor, and is based on a number of factors as set out in the EzLicence Payment Policy;
    2. the Learner 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;
    3. the Learner Driver will be given 7 days’ notice (by means of a website notice or similar notice or announcement) if a substantial increase in lesson charges or additional fees; and
    4. any payment made pursuant to a booking prior to the change in lesson charges and additional fees referred to in clause 3 above will remain unaffected by any such increase.
  51. Events of Termination

  52. The Learner Driver agrees that EzLicence may restrict, suspend or cancel the Learner Driver’s registration on the EzLicence website immediately after providing Written Notice in a number of circumstances which include but are not limited to:
    1. where a Learner Driver breaches this Agreement;
    2. where a Learner Driver has broken the law, including where the Learner Driver has been charged with or has been convicted of a criminal offence;
    3. where a Learner Driver is no longer a licensed driver or not otherwise permitted by law to be a licensed driver;
    4. where a Learner Driver is the subject of proceedings relating to a motor vehicle accident; and
    5. in any other circumstances as determined at the sole discretion of EzLicence.
  53. The Learner Driver agrees that if they fail to perform their obligations under this Agreement and do not rectify the fault within 14 days after being provided notice of such breaches, EzLicence may restrict, suspend or cancel a Learner Driver’s registration on the EzLicence website by giving Written Notice to the Learner Driver.
  54. The Learner Driver agrees that they may terminate this Agreement by de-registering their account on the EzLicence website at any time.
  55. MISCELLANEOUS

    Confidentiality

  56. Learner Drivers agree that they are not to use Driving Instructor information except for the express purpose of undertaking or organising driving lessons.
  57. Indemnity

  58. Learner Drivers agree to indemnify and protect EzLicence against any actions, damages, claims, or demands including through negligence which occur as a result or in relation to their actions or omissions.
  59. These clauses 39 and 40 survive the termination of this Agreement.
  60. Privacy

  61. EzLicence and Driving Instructors agree to adhere to the Australian Privacy Principles from time to time in force (if applicable) and that the EzLicence Privacy Policy forms part of this Agreement.
  62. Learner Drivers agree that EzLicence may collect and use Learner Driver information and personal data for marketing purposes and for the provision of services through or by the EzLicence website.
  63. Learner Drivers agree that EzLicence may collect their name, location and address, contact details, age, gender, and financial information.
  64. Learner Drivers agree and understand that they may obtain access to personal information that EzLicence has on record by sending a request to [email protected] Learner 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 EzLicence may make from time to time.
  65. Intellectual Property

  66. The Learner Driver agrees that all intellectual property and copyright rights over or in connection with EzLicence products and resources are owned by EzLicence exclusively.
  67. Force Majeure

  68. Both parties agree that neither EzLicence nor Learner 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.
  69. Arbitration

  70. The parties agree that if any dispute arises between a Learner Driver and EzLicence, the dispute can be managed in ways that include but are not limited to –
    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:
    2. to hire a mediator to mediate over the dispute;
    3. the mediation can take place via Skype; and
    4. 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.
    5. if the mediation process fails, the parties agree to refer the matter to an arbitrator in accordance with the following procedures:
    6. the arbitration can be conducted by a single arbitrator agreed by the parties;
    7. 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;
    8. the arbitration will be conducted in accordance with the Rules of Conduct of Commercial Arbitrators and any guidelines issued by the Institute of Arbitrators;
    9. the parties agree that the decision of the arbitrator is binding on the parties; and
    10. the parties agree to share the costs of a mediation or arbitration.
  71. No Waiver

  72. The parties agree that a failure or delay by EzLicence in exercising a right does not constitute a waiver of EzLicences rights to pursue an action.
  73. No Assignment of Agreement

  74. The Learner Driver agrees that they are not allowed to sell, transfer, assign, sub-lease or transfer this Agreement to anyone else.
  75. Modification of Agreement

  76. The parties agree that EzLicence may change this Agreement from time to time with notice to the Learner Driver according to clause 51 below, such that:
    1. a Learner Driver who continues to use the EzLicence website is considered to have accepted the new terms as updated from time to time; and
    2. it is the responsibility of the Learner Driver to read through the amended Terms and Conditions as required from time to time.
  77. Notice

  78. The parties agree that any Notices provided under this Agreement may be provided by:
    1. Email or SMS;
    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.
  79. Severability

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

  82. This Agreement are governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the courts in that State.
  83. Entire Agreement

  84. 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.
  85. Definitions

  86. 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 EzLicence to become a Driving Instructor through the EzLicence online website platform;

    Event of Termination means those events set out in clauses 35. – 37.

    EzLicence means EzLicence Pty Ltd;

    Learner Driver means a person who has booked a driving lesson through EzLicence;

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

    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.

  87. Interpretation

  88. 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 in force from time to time.

  89. 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