Learner Driver Terms of Use | EzLicence

Learner Terms of Use


Your Driving Instructor has invited you to EzLicence to make it easy for you to book, pay and keep track of your upcoming driving lessons or driving test package (Driving Lessons).

EzLicence is a software platform facilitating bookings between you and your Driving Instructor. EzLicence is not in any way involved in the agreement for services between you and the Driving Instructor. We have no control over and disclaim all liability relating to your conduct, and the conduct of your Driving Instructor or any other users of the Platform.

Before you sign up and create an Account to use EzLicence, please read our Terms and Conditions below.

  1. Our Disclosures

    Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

    • We may amend these Terms at any time, by providing written notice to you;
    • We will handle your personal information in accordance with our privacy policy, available at https://www.ezlicence.com.au/privacy-policy; and
    • Our liability under these Terms is limited to us resupplying the EzLicence Platform Services or to a maximum amount of $100, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, any aspect of the transaction or services between you and the Driving Instructor, or any loss or corruption of data.

    Nothing in these terms limit your rights under the Australian Consumer Law.

  2. Introduction

    1. These terms and conditions (Terms) are entered into between Ez Licence Pty Ltd ABN 43 612 095 968 (we, us, our) and you, together the Parties and each a Party.
    2. We provide a cloud-based, software as a service platform where you can book and pay for Driving Lessons with your Driving Instructor (Platform).
    3. In these Terms, you means the person or entity registered with us as an Account holder.
    4. When you have created an Account, you will be able to book and pre-pay for lessons with the driving instructor that has invited you to the Platform (Driving Instructor).

  3. Acceptance and Platform Licence

    1. You accept these Terms by registering for an Account on the Platform.
    2. You must be at least 16 years old to use the Platform.
    3. We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Account in accordance with the “Termination” clause.
    4. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
    5. When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
      • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
      • using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
      • tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
      • using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
      • facilitating or assisting a third party to do any of the above acts.

  4. EzLicence Services

    1. The Platform is a software as a service where your Driving Instructor can invite you to book and pay for their services. We provide the Platform to users (including hosting and maintaining the Platform), and process payments between you and the Driving Instructor (together the EzLicence Platform Services). You understand and agree that we only make available the EzLicence Platform Services. We are not party to any agreement entered into between you and the Driving Instructor and we have no control over the conduct of you, the Driving Instructor or any other users of the Platform.
    2. Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via email to support@ezlicence.com.au. We will endeavour to respond to any support requests in a reasonable period. Note that our support is limited to assisting with the Platform and EzLicence Platform Services, and any request for support relating to the Driving Lessons should be directed to the Driving Instructor.
    3. You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers and third party payment providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
    4. You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
    5. We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance. To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.

  5. Accounts

    1. You must register on the Platform and create an account (Account) to access the Platform’s features.
    2. You must provide basic information when registering for an Account, depending on whether you are registering for a learner driver, or secondary account. This may include your name, phone number, address, learner driver licence number (if applicable), pick-up address for the services, and email address ,and you must choose a password.
    3. All personal information you provide to us will be treated in accordance with our Privacy Policy.
    4. You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.
    5. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

  6. Using the Platform

    1. Your purchase on the Platform for Driving Lessons will be subject to any terms and conditions between you and the Driving Instructor.
    2. You can use the Platform to book and pre-pay for any Driving Lessons with your Driving Instructor. A purchase will become ‘credits’ which can be redeemed for Driving Lessons within 2 years of purchase on the Platform.
    3. You can use the Platform to reschedule or cancel your lessons with the Driving Instructor. The terms and conditions between you and the Driving Instructor will solely govern any applicable cancellation policy for any lesson booking made through the Platform.
    4. You may use the Platform to review your Driving Instructor. Where you provide a review, you warrant that it does not contain false, inaccurate or misleading information, and does not infringes our intellectual property rights, or the intellectual property or privacy rights of any third party. Further, the review must not violate any laws, or contain any obscene, defamatory, biased, offensive, or threatening language.

  7. Our Intellectual Property

    1. You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.
    2. We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
    3. You must not, without our prior written consent:
      • copy, in whole or in part, any of Our Intellectual Property;
      • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
      • breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
    4. This clause will survive the termination or expiry of your Account.

  8. Warranties

      8.1 You represent, warrant and agree that:
      • you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
      • there are no legal restrictions preventing you from entering into these Terms;
      • all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
      • you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

  9. 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 you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
    2. If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
    3. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you 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 your Membership.

  10. Liability

    1. Despite anything to the contrary, to the maximum extent permitted by law:
      • you agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause and the Intellectual Property clause of these Terms;
      • we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any aspect of you and the Driving Instructor’s interaction including the services offered by the Driving Instructor, the description of the services requested or offered, or the performance of services by the Driving Instructor.
      • neither Party will be liable for Consequential Loss;
      • each Party’s liability for any Liability under these Terms 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
      • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Platform to you or the amount of $100.
    2. This clause will survive the termination or expiry of your Membership.

  11. Termination

    1. You may request to cancel your Account at any time by notifying us.
    2. A Membership will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
      • the other Party (Defaulting Party) breaches a material term of these Terms that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
      • the Defaulting Party is unable to pay its debts as they fall due.
    3. Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.

  12. General

    1. Governing law: This Agreement is governed by the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
    2. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
    3. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

  13. Definitions

    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.

    Our Intellectual Property means any 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 EzLicence.

    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 these Terms or otherwise.

For any questions or notices, please contact us at:

Ez Licence Pty Ltd ABN 43 612 095 968

Email: support@ezlicence.com.au

Last update: 20 December 2021