Learner Terms and Conditions

Parties

This Agreement is between:

1. DriveSafe Mate Driving School; and
2. the Learner who has signed up to the DriveSafe Mate Driving School platform in accordance with these Terms and Conditions.

Operative Provisions

Term of Agreement

1. This Agreement commences on the day the last party accepts it digitally and terminates when an Event of Termination takes place.

Capacity

2. The Learner warrants and agrees that they hold a current and valid learner permit, or another driver's licence type that legally allows them to drive in the state or territory in which they undertake driving instruction.
3. This Agreement automatically terminates if a Learner ceases to hold, or is found not to have held, a valid current learner permit or other current licence type that lawfully allows them to drive and has not been suspended. This is an essential term of this Agreement.

Relationship of the Parties

4. The Learner acknowledges and agrees that:
   • they are directly engaging a Driving Instructor, who acts as an independent contractor to schedule, arrange and provide driving instruction services;
   • DriveSafe Mate Driving School and its website act as a conduit between Driving Instructors and Learners;
   • any agreement to undertake driving lessons is between the Learner and the independent Driving Instructor, and DriveSafe Mate Driving School is not a party to that lesson agreement;
   • the Driving Instructor is independent of DriveSafe Mate Driving School and is not an agent, employee, contractor or subcontractor of DriveSafe Mate Driving School; and
   • to the extent permitted by law, DriveSafe Mate Driving School is not responsible for the conduct, acts or omissions of Driving Instructors.

Description of Services

5. A Learner may use the DriveSafe Mate Driving School website in various ways, including:
   • indicating personal preferences on the website; and
   • browsing a selection of Driving Instructors.
6. A Learner may compare Driving Instructors by reference to matters such as:
   • experience;
   • price;
   • vehicle details;
   • availability;
   • ratings; and
   • location.
7. A Learner may select a Driving Instructor based on their preferences.
8. DriveSafe Mate Driving School may add, change or remove products or services from the website from time to time.

Agreement by Learner

9. The Learner warrants and agrees that they have:
   • read and understood this Agreement and agree to be bound by it; and
   • a current and valid learner permit or other licence type that legally allows them to drive in accordance with clause 2.
10. If you are the parent or guardian of a Learner aged 17 years or younger, you act as financial guarantor for that Learner’s obligations under this Agreement, and this Agreement binds you and the Learner jointly and severally.
11. If you are an agent, service provider or person acting on behalf of a Learner aged 18 years or older, you guarantee that the Learner consents to be bound by this Agreement, and this Agreement binds you and the Learner jointly and severally.

Learner’s Use of the Website

12. The Learner agrees:
    • to use only their own username and password and not borrow another user’s login details;
    • not to disclose their username or password to others or allow others to use their account on their behalf;
    • to use the website only for its intended purpose of connecting Learners with Driving Instructors;
    • that information they provide is current, true and correct;
    • to update their details promptly if their circumstances change;
    • not to use the platform for illegal activities, hate speech or similar prohibited purposes;
    • not to access other users’ accounts, data or information without authorisation;
    • not to use the platform to promote third parties or unrelated commercial interests; and
    • not to interfere with the operation or programming structure of the website or encourage others to do so.

Warranty

13. DriveSafe Mate Driving School acknowledges that its services come with consumer guarantees under the Australian Consumer Law that cannot be excluded.
14. DriveSafe Mate Driving School will provide its own services to the Learner with due care and skill, fit for purpose and within a reasonable time, where required by law.
15. The Learner acknowledges that the services of DriveSafe Mate Driving School are limited to the website platform and related matching and booking functions described in these Terms.
16. To the maximum extent permitted by law, DriveSafe Mate Driving School’s liability for breach of applicable consumer guarantees is limited, at its discretion, to:
    • the re-supply of the relevant services; or
    • payment of the cost of having those services supplied again.

Fidelity

17. The Learner agrees not to do anything that damages or may damage the reputation of DriveSafe Mate Driving School.

Lessons

18. The Learner agrees to comply with the following requirements, including but not limited to:
    • arriving punctually for lessons;
    • following all lawful instructions of the Driving Instructor;
    • providing a full and valid pick-up address;
    • providing a mobile number that can receive calls and SMS;
    • acting safely and complying with all applicable road laws and regulations;
    • being respectful to Driving Instructors;
    • not using a mobile phone or similar device while undertaking lessons unless lawfully permitted and directed;
    • not offering money, tips or other inducements to Driving Instructors outside the platform rules;
    • not encouraging, or accepting an offer from, a Driving Instructor to conduct lessons outside the platform where this would breach platform terms; and
    • taking reasonable steps to mitigate loss.

Tax Compliance

19. The Learner agrees to pay any applicable taxes arising from transactions made through the DriveSafe Mate Driving School website or associated systems.

Learner Payment Terms

20. The Learner agrees to the DriveSafe Mate Driving School Payment Policy, as in force from time to time.
21. The Learner acknowledges and agrees that:
    • they are immediately liable to pay for bookings, and payment may be processed when a booking is made; and
    • when they enter card details, they represent that they are authorised to use that payment method for the transaction.
22. When a Learner pays for a booking or bookings, a credit or credits may be issued for the value of each booking paid and held on account. Such credits:
    • are non-refundable, non-transferable and may not be assigned to or used by another person, except where required by law or expressly allowed by these Terms;
    • must be used for a booking, or otherwise dealt with according to applicable policy, within 24 months of payment, after which they may expire; and
    • are subject to the applicable Payment Policy and related terms.
23. DriveSafe Mate Driving School may refuse a payment where it reasonably believes:
    • the cardholder did not authorise the transaction;
    • the transaction is fraudulent or suspicious; or
    • there are other legitimate grounds to do so.
24. A Learner who signs up for an account also agrees to applicable third-party payment provider terms, including Stripe and PayPal where used.

Refunds

26. Refunds for completed and processed lessons are subject to the applicable Payment Policy and Refund Policy.

Promotions by Third Parties

27. DriveSafe Mate Driving School may issue reward cards, gift cards, vouchers or promotional cards in connection with third-party offers or services from time to time.
28. It is the Learner’s responsibility to read and understand the terms and conditions of any third-party provider connected with those promotions or offers.

Policies

29. The Learner warrants that they have read and understood:
    • the DriveSafe Mate Driving School Payment Policy;
    • the DriveSafe Mate Driving School Privacy Policy; and
    • other policies or documents reasonably required from time to time.

Lesson Cancellation and Rescheduling Fee

30. If the Learner cancels or reschedules more than 24 hours before a lesson, the Learner will generally receive a credit for 100% of the value of the booking fee, subject to applicable policy.
31. If the Learner cancels or reschedules 24 hours or less before the lesson start time, or fails to attend, then:
    • the Driving Instructor may be entitled to charge the Learner the total price of that booking; and
    • the Learner acknowledges that this late cancellation or no-show fee reflects the reasonable costs and losses associated with that booking.

Lesson Cancellation or Reschedule by Driving Instructor

32. If a Driving Instructor cancels a lesson before it begins, the Learner may choose to find a replacement Driving Instructor and make an alternative booking.
33. If a replacement Driving Instructor is not available, DriveSafe Mate Driving School may provide, at the Learner’s option:
    • a credit; or
    • a refund to the original payment method for cash paid, where applicable.

Costs

34. DriveSafe Mate Driving School may alter booking fees or other fees from time to time. The Learner acknowledges that:
    • pricing may vary and may be set by the individual Driving Instructor based on relevant factors;
    • the Learner will be shown booking charges and any additional fees before payment is made;
    • substantial fee increases may be notified by website notice or similar communication; and
    • changes in an instructor’s price after a booking is made will not generally affect the existing confirmed booking unless otherwise stated.

Events of Termination

35. DriveSafe Mate Driving School may restrict, suspend or cancel a Learner’s registration after notice in circumstances including but not limited to:
    • breach of this Agreement;
    • an active payment dispute;
    • criminal conduct or charges relevant to platform safety or lawful use;
    • the Learner no longer being legally permitted to drive;
    • the Learner being the subject of proceedings relating to a motor vehicle incident relevant to platform use; or
    • other serious circumstances reasonably determined by DriveSafe Mate Driving School.
36. If the Learner fails to remedy a breach within 14 days after notice, DriveSafe Mate Driving School may restrict, suspend or cancel the Learner’s registration.
37. The Learner may terminate this Agreement by de-registering their account, subject to any surviving obligations under these Terms.

Miscellaneous

Confidentiality

38. Learners must not use Driving Instructor information except for the purpose of arranging or undertaking lessons.

Indemnity

39. To the maximum extent permitted by law, Learners agree to indemnify and hold harmless DriveSafe Mate Driving School against losses, claims or demands arising from their actions or omissions in connection with use of the platform.
40. Clauses relating to indemnity, confidentiality and other surviving obligations continue after termination where applicable.

Privacy

41. DriveSafe Mate Driving School and, where applicable, Driving Instructors will handle personal information in accordance with applicable privacy law and the DriveSafe Mate Driving School Privacy Policy.
42. Learners agree that DriveSafe Mate Driving School may collect and use Learner information for service delivery, support, compliance and, where permitted, marketing purposes.
43. Learners understand that relevant information may include name, location, address, contact details, age, gender and payment-related information handled through approved providers.
44. Learners may request access to personal information held by DriveSafe Mate Driving School by emailing info@drivesafematedrivingschool.com.au.

Intellectual Property

45. All intellectual property rights in the DriveSafe Mate Driving School website, branding, materials and resources remain the exclusive property of DriveSafe Mate Driving School unless otherwise stated.

Force Majeure

46. Neither party will be liable for delay or failure to perform obligations under this Agreement to the extent caused by a force majeure event outside reasonable control. Reasonable steps may be taken to arrange an equivalent booking for a future date where appropriate.

Dispute Resolution

47. If a dispute arises between a Learner and DriveSafe Mate Driving School, the parties may first attempt to resolve it directly.
48. If the dispute is not resolved within 14 days, the parties may refer the matter to mediation.
49. If mediation does not resolve the dispute, the parties may refer the matter to arbitration, subject to applicable law.

No Waiver

48. A failure or delay by DriveSafe Mate Driving School in exercising a right does not constitute a waiver of that right.

No Assignment

49. The Learner may not sell, assign, transfer or sub-license this Agreement to another person without written consent.

Modification of Agreement

50. DriveSafe Mate Driving School may update this Agreement from time to time. Continued use of the website after notice of updated Terms may constitute acceptance of the updated Terms.

Notice

51. Notices under this Agreement may be provided by email, SMS, website notice or another regular form of communication used between the parties.

Severability

52. This Agreement is to be interpreted so that its provisions remain valid and enforceable to the maximum extent possible.

Governing Law

53. This Agreement is governed by the laws applicable in Australia and any nominated governing law clause stated by the business. You should ensure this clause matches your preferred governing jurisdiction before publishing.

Entire Agreement

54. This Agreement, together with any policies or documents referred to in it, forms the entire agreement between the parties and supersedes prior understandings or agreements to the extent permitted by law.

Definitions

The following words carry the following meanings:

• Agreement means these Terms and Conditions together with any referenced documents, as amended from time to time.
• Driving Instructor means a person who has contracted with DriveSafe Mate Driving School to offer driving instruction through the website platform.
• Event of Termination means an event described in clauses 35 to 37 or similar termination provisions of this Agreement.
• DriveSafe Mate Driving School means the business operating the website and services.
• Learner means a person who has made a booking through DriveSafe Mate Driving School.
• Learner Permit means a permit or licence that lawfully allows a person to drive as a learner in their state or territory.
• Payment Policy means the DriveSafe Mate Driving School Payment Policy.
• Policies means the Payment Policy, Privacy Policy and other applicable website policies.
• Privacy Policy means the DriveSafe Mate Driving School Privacy Policy.
• Written Notice includes notice by email, SMS or other permitted electronic communication.

Interpretation

In interpreting this Agreement:

• all operative provisions form part of the Agreement whether or not headings are used;
• headings are for convenience only;
• the singular includes the plural and vice versa;
• words referring to one gender include all genders; and
• references to legislation include amendments, replacements and subordinate instruments as in force from time to time.

Schedules

• Schedule 1 – DriveSafe Mate Driving School Payment Policy
• Schedule 2 – DriveSafe Mate Driving School Privacy Policy