Terms and Conditions
Learn to Drive Driving School
ABN 86 882 948 536
- By accessing this website you are agreeing to be bound by these terms and conditions of use, all applicable laws and regulations and you agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms and conditions you are prohibited from accessing or using this site. The materials contained in this website are protected by applicable copyright and trade mark laws.
The materials on Learn to drive driving schools website are provided “as is without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non infringement”.
- The materials on the Learn to drive driving school web site might include technical or typographical errors. Learn to drive driving school does not warrant that any of the materials on its website are accurate, complete or current. Learn to drive driving school may make changes to its website at any time without notice. Learn to drive driving school does not make any commitment to update the material on its website
- All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Learn to drive driving school web site belong to learn to drive driving school and or third parties. Learn to drive driving school reserves all of its rights in learn to drive driving school content and learn to drive driving school online services. Nothing in the terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by learn to drive driving school or any other third party except as expressly provided in the terms
- Learn to drive driving school has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of learn to drive driving school of the site. Use of any such linked web site is at the users own risk.
- Learn to drive driving school may revise the terms and conditions at any time without notice. By using this web site you are agreeing to be bound by the current version of the terms and conditions.
- Any claim in relation to Learn to Drive Driving School website shall be governed by the laws of the state of NSW without regard to its conflict of law provisions
- All prepayments are valid for a period of twelve (12) months. Any prepayments held by the company are held on behalf of affiliated driving instructors. The company does not conduct driving lessons or receive income for driving lessons. A refund may be given for any unused payments less any applicable fees. You must apply for a refund in writing.
- Learn to Drive Driving School only provides referrals and administration support to affiliated driving instructors or affiliated companies. When you book a driving lesson you are booking the lesson with an affiliated driving instructor or affiliated company not learn to drive driving school Pty Ltd.
- All Driving lessons are provided by affiliated driving instructors or affiliated companies. The instructor provides the lessons in their own right and these terms govern your agreement with the instructor and Learn to Drive Driving School.
- Driving Instructors are not employees of Learn to Drive Driving School. Driving instructors are independent contractors.
- Lesson bookings
12.1 Duration of a standard lesson is one hour which includes briefing and de-briefing time. Lessons commence at a pickup point determined at time of booking unless otherwise agreed to by the instructor
12.2 Due to traffic conditions your instructor may arrive for your lesson a little early or a little late. Your lesson starts when your instructor arrives for the lesson.
12.3 All students are required to be ready to start their lesson 15 minutes before booked lesson time. If you do not turn up at the agreed time for your lesson your instructor will wait 15 minutes and may at the instructors reasonable discretion deduct this from the total lesson time. If you turn up outside these times, your instructor may in their reasonable discretion choose not to proceed with the lesson and you will be liable for a cancellation fee of $35.
12.4 While we will do everything we can reasonably do to commence your lesson at the scheduled time with the scheduled instructor, no responsibility can be taken for circumstances beyond our control which may result in a delayed start time for your lesson or a change of instructor. We will offer you a full one hour lesson, or if this is not possible we will offer to make up the time on another lesson or reschedule the lesson.
12.5 You must comply with the reasonable instructions or directions of your instructor at all times.
12.6 You must have a valid driver’s licence issued in Australia or equivalent overseas licence. You must carry your driver’s licence with you at all times.
12.7 You must switch your mobile phone off before the lesson starts.
13. Payment conditions
When you pay money to the company that money is held by the company on behalf of the driving instructor that you take lessons from until you complete the lesson.
13.1 All lessons must be paid for at the start of the lesson unless otherwise agreed with the instructor. If the instructor provides you with a lesson before the lesson fee has been paid in full, any part of the lesson fee outstanding for the lesson is a debt and is due and payable immediately on demand.
13.2 Payment can be made in cash, or via our website using a secure online portal (PayPal fees apply), or by direct deposit to Learn to drive driving school bank account.
13.3 By booking a lesson with us you warrant that you are over 18 years of age or otherwise possess legal parental or guardian consent and that you are authorised and able to make payment in the manner selected by you. You also warrant to us that all information provided by you through any booking channel (including name, address and contact details) is correct.
13.4 A request for a tax invoice, for payments made by direct deposit, are to be made in writing via our contact form on the Learn to drive Driving School web site.
13.5 If you purchase a lesson package and are unable to complete the lessons, the pricing for each lesson will revert to the single lesson price. An administration fee to be determined by Learn to Drive Driving School may be applied and deducted by Learn to Drive Driving School. You must submit a request in writing via our contact form on the web site before any refunds will be considered.
13.6 Learn to drive driving school will have sole discretion to decide the amount of the refund to be paid if any. If a refund is to be made Learn to Drive Driving School will have sole discretion to determine the method of payment to be used.
14 Rescheduling lessons and cancellation fees
14.1 You may reschedule or cancel a lesson by providing at least 24 hours notice prior to commencement of scheduled lesson. You must call or text Learn to Drive Driving school to reschedule or cancel a lesson at least 24 hours prior to the scheduled lesson time.
14.2 If you do not provide notice of at least 24 hours prior to the scheduled start time for your lesson you will be charged the full price of the lesson.
14.3 Learn to Drive Driving School reserves the right to reschedule a lesson by providing you with reasonable notice by telephone, SMS or email.
14.4 If you arrive late for a lesson you will be charged the full lesson fee. Your instructor may only be able to offer you the remainder of your scheduled lesson time, due to scheduling requirements of other lessons, and you will not be entitled to a refund or credit.
14.5 If you are more than 15 minutes late without prior notification we reserve the right to cancel the lesson and charge a lesson fee.
14.6 If you do not attend a lesson we reserve the right to cancel the lesson and charge you the full price of the lesson.
15 Gift Vouchers
15.1 All gift vouchers issued by the company are issued on behalf of affiliated driving instructors who are solely responsible for any and all driving lessons.
15.2 Gift vouchers are non refundable, not redeemable for cash, not transferable and cannot be resold. Cancellation fees apply to gift vouchers. Gift vouchers may be used from time to time as part of a promotional activity as such special promotional conditions may apply.
16 Using your own vehicle
It is at the sole discretion of the affiliated driving instructor to determine if a driving lesson can be conducted in your car. If you are driving your own vehicle it is your responsibility to ensure that your vehicle complies with the following requirement
a) Your vehicle has current and valid registration and insurance. You warrant that your cars registration is current and valid. You acknowledge that it is illegal to drive an unregistered vehicle.
b) The vehicle has current and valid Compulsory Third Part (CTP) Insurance and full comprehensive insurance.
c) You have notified your insurance company in writing (prior to your driving lesson) that your vehicle will be used by your driving instructor to provide you with driving lesson(s).
d) The tyres are correctly inflated (air pressure must reflect the minimum manufacturers requirements).
e) Seats and seat belts are in good working order.
f) Brake lights and blinker lights are functioning according to manufacturer’s specification
g) The windscreen is not cracked or damaged in any way.
h) You accept full responsibility for the use of your vehicle and you fully indemnify Learn to Drive Driving School for any claims that may arise from the use of motor vehicle supplied by you.
17 You will always be responsible for any traffic infringement notices arising whilst driving your motor vehicle or our motor vehicle or any other motor vehicle.
18 To the extent permitted by law our liability for any breach of implied warranty or condition which cannot be excluded is limited at our option to
- The resupply of the lesson or
- Refund of the amount paid for the lesson
19 Except for any liability which cannot be excluded by law or that is caused by our negligence we and our related bodies, driving instructors contractors and agents shall not be liable for any lose, damage or liability whatsoever which is suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained as a result of
- You participating in a lesson or any part thereof
- Your failure or refusal to follow an instruction or direction of your instructor before during or after a lesson
- You indemnify us and agree to keep us and our related bodies corporate and our and their employees, agents, officers, contractors and driving instructors indemnified against any loss, damage, liability, costs and expenses in connection with your breach of these conditions or any other legal obligation by you.
20.1 Neither we nor any of our driving instructors accept any liability whatsoever for personal property that is left in any instructors supplied vehicle, any vehicle used by you or on our premises
20.2 If a driving lesson takes place in a motor vehicle supplied by you, you warrant that you are covered by compulsory third party insurance and you have comprehensive insurance on the vehicle.
20.3 We do not accept any responsibility for the outcome of any driving test or assessments you take.
20.4 This limitation of liability clause continues to have effect after this agreement is terminated.
21 Special offers and promotions
21.1 From time to time Learn to drive driving school may run special offers, promotions or discounts any and all of these are subject to their own terms and conditions.
21.2 All special offers, promotions and discounts contained in any advertising external to this website are standalone offers. They are only available to new students and can not be used by existing students. Under no circumstances can a special offer, promotions or discounts be used in conjunction with another special offer, promotion or discount.
This limitation of liability clause continues to have effect after this agreement is terminated
You acknowledge that
- The instructor has sole discretion to determine whether a lesson will commence or continue
- The participation in a lesson does not guarantee that you will acquire the necessary skills or knowledge to pass any driving test
- Driving a motor vehicle is an inherently risky activity and there is the risk of significant personal injury or damage to property
- We do not accept any liability whatsoever for any personal property that is left in a vehicle and
- If you are not the learner you have made the learner aware of these terms and conditions in their entirety.