Terms and Conditions of Use
Between EzLicence Pty Ltd and Learner Drivers


Definitions

  1. The following words carry the following meanings:

    1. Agreement means this document as amended from time to time along with any documents referred to in this document;
    2. Driving Instructor means the person who has contracted with EzLicence to become a Driving Instructor through the EzLicence online website platform;
    3. EzLicence means EzLicence Pty Ltd;
    4. Learner Driver means a person who has booked a driving lesson through EzLicence;
    5. 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;
    6. Party or Parties means EzLicence and the Learner Driver as the context requires;
    7. Payment Policy means the EzLicence Payment Policy and as subsequently amended from time to time;
    8. Policies means the Payment Policy and the Privacy together and as subsequently amended from time to time;
    9. Privacy Policy means the EzLicence Privacy Policy and as subsequently amended from time to time; and
    10. Written Notice means notification given by email or SMS.
  2. Interpretation

  3. 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;
    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;

  4. Operative Provisions

    Term of Agreement

  5. The Parties agree that this Agreement commences on the day the last Party accepts this Agreement digitally and terminates when an Event of Termination takes place; and
  6. The Parties agree that this is an 'opt-in' contract whereby the Learner Driver voluntarily signs up to use EzLicence's booking service to source a Driving Instructor.
  7. Capacity

  8. 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 in which they are undertaking driving lessons with Driving Instructors; and
  9. This Agreement automatically terminates if a Learner Driver is found not to have a current or valid Learner Driving Permit or another driver’s licence type that legally allows them to drive. This is considered an essential term by EzLicence.
  10. Relationship of the Parties

  11. The Learner Driver agrees that:

    1. They are directly engaging the Driving Instructor as an independent contractor to schedule and arrange driving lessons;
    2. The EzLicence website is the conduit between Driving Instructors and Learner Drivers; and
    3. Any agreement to undertake driving lessons is between the Learner Driver and the independent Driving Instructor.
  12. Description of Services

  13. 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;
    2. Browsing a selection of Driving Instructors on the EzLicence website;
  14. A Learner Driver can compare Driving Instructors by, including but not limited to:

    1. experience;
    2. vehicle details;
    3. Driving Instructor availability;
    4. ratings;
    5. Driving Instructor location;
  15. Learner Drivers can be matched with Driving Instructor based on their preferences;
  16. EzLicence may add new products, change existing products or remove products from the EzLicence website as required from time to time; and
  17. EzLicence does not warrant that its services are reliable current or error-free.
  18. Agreement by Learner Driver

  19. The Learner Driver agrees that:

    1. They have a current and valid Learner Driving Permit or other licence type that legally allows them to drive in their state.
  20. Learner Drivers Use of EzLicence Website

  21. The Learner Driver agrees to the following conditions, which include, but are not limited to:

    1. Using their own username and password to access and use the EzLicence website;
    2. Not divulging their username or password to any one or allowing others to use it on their behalf;
    3. Only using the EzLicence website for its intended purpose, which is to connect Driving Instructors with Learner Drivers, in particular;

      1. The Learner Driver agrees that EzLicence is a third party provider and acts as a matching service between Driving Instructors and Learner Drivers;
      2. The Learner Driver agrees that EzLicence is not responsible for the accuracy of driving instructors' information displayed on the EzLicence website; and
      3. The Learner Driver is responsible for dealings with third parties;
    4. That information they have provided is current, true and correct;
    5. To amend their details whenever their circumstances change as a matter of priority;
    6. Not to use the EzLicence platform for any illicit purposes including to disseminate hate speech or similar views or any other illegal activities;
    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; and
    9. Not to interrupt the operation or programming structure of the EzLicence website or encourage anyone else to do so.
  22. Australian Consumer Law

  23. EzLicence agrees that their products come with guarantees under the Australian Consumer Law that cannot be excluded under this Agreement. For more information, please visit http://www.lawhandbook.sa.gov.au/ch10s02s06s01.php.
  24. Fidelity

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

  27. The Learner Driver agrees to comply with the following rules, which include but are not limited to:

    1. Arriving promptly at lessons with Driving Instructors;
    2. Following all instructions of the Driving Instructor;
    3. Acting safely and being aware of risks and not to putting people or property in danger including motor vehicles;
    4. Be respectful to Driving Instructors and EzLicence staff;
    5. Not using a mobile phone or similar electronic device while undertaking driving lessons;
    6. Not to offering money or other types of bribes to Driving Instructors;
    7. Taking reasonable steps to mitigate loss;
    8. Indemnifying EzLicence against any loss.
  28. Tax Compliance

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

  31. A Learner Driver who signs up for an EzLicence account also agrees to the current Stripe terms and conditions which can be accessed at https://stripe.com/au/legal;
  32. The Learner Driver agrees to the following, which include but are not limited to:

    1. Being immediately liable to pay for driving lessons organised with Driving Instructors through the EzLicence website;
    2. That payments are processed immediately; and
    3. When they enter their credit or debit card details, they are authorised to use that card for the transaction;
  33. EzLicence has the discretion to refuse a payment if EzLicence believes that:

    1. The credit or debit card holder did not authorise a transaction;
    2. A transaction is considered fraudulent or suspicious;
    3. A transaction requires validation by a credit card provider; or
    4. in any other circumstances as determined at the sole discretion of EzLicence;
  34. Learner Drivers agree that Driving Instructors bear any risks associated with any fraudulent or unauthorised payments made by a Learner Driver;
  35. Unused credit attributable to the Learner Driver will not be returned to the Learner Driver; and
  36. EzLicence agrees to pay a refund to a Learner Driver if the authorisation of a payment is shown to be unauthorised or fraudulent or if a Learner Driver has been charged for a lesson that did not take place due to the Driving Instructors' conduct.
  37. Promotions

  38. The Learner Driver agrees that EzLicence may issue reward cards, gift cards, vouchers or promotional cards to Learner Drivers from time to time at the sole discretion of EzLicence.
  39. Policies

  40. 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 required by EzLicence from time to time;
  41. The Learner Driver 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.
  42. Lesson Cancellation/Rescheduling Fee

  43. The Learner Driver agrees that if they cancel or reschedule a lesson more than 4 hours before a lesson, Learner Drivers will be issued a credit with EzLicence for the value of 100% of their lesson fee, and the Driving Instructor will not receive a refund; and
  44. The Learner Driver agrees that they cannot cancel or reschedule a lesson less than 4 hours before the lesson is due to start and the Driving Instructor has the sole discretion as to whether the Learner Driver is charged for the lesson.
  45. Additional Costs

  46. The Learner Driver agrees that EzLicence may alter its fees and additional charges from time to time at its discretion.
  47. Events of Termination

  48. The Learner Driver agrees that EzLicence may restrict, suspend or cancel a Learner Drivers' registration 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 licenced driver or not otherwise permitted by law to be a licenced 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;
  49. The Learner Driver agrees that if they fail to perform their obligations under this Agreement and do not rectify the fault within 14 days, EzLicence may restrict, suspend or cancel a Learner Drivers' registration on the EzLicence website without giving notice to the Learner Driver; and
  50. The Learner Driver agrees that they may terminate this Agreement by de-registering their account on the EzLicence website.
  51. Confidentiality

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

  54. Learner Drivers 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 your actions as a Learner Driver;
  55. These Clauses survive the termination of this Agreement.
  56. Privacy

  57. EzLicence and Driving Instructors agree to adhere to the Australian Privacy Principles (if applicable) and the EzLicence Privacy Policy forms part of this Agreement;
  58. Learner Drivers agree to EzLicence collecting and using Learner Driver information and personal data for marketing purposes and for the provision of services through the EzLicence website, in circumstances that include but are not limited to:

    1. Connecting Learner Drivers to Driving Instructors for driving lessons;
    2. Managing a Learner Drivers' online account and administering the EzLicence website;
    3. Entering into transactions with a Learner Driver;
    4. Dealing with disputes, issues and complaints; and
    5. For any lawful purposes and as required by law from time to time;
  59. Learner Drivers agree that in accordance with the Privacy Act 1988 (Cth) EzLicence may collect their name, location and address, contact details, age, gender and financial information;
  60. Learner Drivers agree and understand that they may obtain access to personal information that EzLicence have on record by sending a request to [email protected] Learner Drivers agree and acknowledge that they have read the EzLicence privacy policy and accept the terms contained therein including any subsequent additions or variations to this policy which EzLicence may make from time to time.
  61. Intellectual Property

  62. The Learner Driver agrees that all intellectual property and copyright rights over EzLicence products and resources are owned by the EzLicence exclusively.
  63. Force Majeure

  64. Both Parties agree that neither EzLicence or 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.
  65. Arbitration

  66. 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:

      1. To hire a mediator to mediate over the dispute;
      2. The mediation can take place via Skype;
      3. 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;
    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 can 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;
      4. The Parties agree that the decision of the arbitrator is binding on the Parties.
  67. The Parties agree to share the costs of a mediation or arbitration.
  68. No Waiver

  69. 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.
  70. No Assignment of Agreement

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

  73. The Parties agree that EzLicence may change this Agreement at any time without notice;

    1. A Learner Driver who continues to use the EzLicence website is considered to accept 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.
  74. Notice

  75. The Parties agree that any 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.
  76. Severability

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

  79. This Agreement are governed by the laws of South Australia. The Parties submit to the exclusive jurisdiction to the Courts of Australia.
  80. Entire Agreement

  81. 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.

  82. Schedule 1 - EzLicence Payment Policy

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


    Schedule 2 - EzLicence Privacy Policy

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