Terms and Conditions for Platform Learners

(Learners booking through thelicence.com.au or via an agency)

1. Agreement

This Agreement is made between:

a) the Booking Platform (thelicence.com.au); and

b) the Platform Learner, being an individual who books driving lessons directly through thelicence.com.au or through an agency managed by the Booking Platform, and agrees to these Terms and Conditions.

2. Description of Services

The Booking Platform provides an online service that enables Platform Learners to connect with qualified, independent driving instructors. The platform facilitates lesson bookings, payment, and management. The Booking Platform itself does not provide driving lessons, nor does it supervise or manage the quality of instruction.

3. Modification of Services

The Booking Platform may add, modify, or remove services at its discretion. Changes will be reflected on the platform.

4. Independent Relationship

a) Each instructor is independent. The Platform Learner enters into a direct agreement with the instructor.
b) Instructors are not employees, contractors, agents, or subcontractors of the Booking Platform.
c) The Booking Platform does not control instructors’ conduct, skills, or performance.
d) The Booking Platform acts as the Platform Learner’s agent solely for payment collection and refund processing. All lesson arrangements are directly between the Platform Learner and the instructor.

5. Instructor Switching

A Platform Learner may request to switch driving instructors. The Booking Platform will facilitate such switching in accordance with its policies. Any difference in price, fees, or availability may apply.

6. Disclaimer of Due Diligence and Safety Responsibility

a) Limitation of Liability: The Booking Platform is not responsible for the actions, conduct, or outcomes of lessons or any behaviour of the Platform Learner.
b) No Liability for Loss or Harm: The Booking Platform is not liable for any physical, mental, or emotional loss, claim, harm, or damage arising from booking or attending a lesson. The Platform Learner assumes all risks.
c) No Due Diligence: The Booking Platform does not conduct background checks or verify instructors’ qualifications; all such information is provided by instructors.

7. Agreement Effectiveness and Termination

a) Effectiveness: This Agreement becomes effective upon the Platform Learner’s digital acceptance.
b) Termination: It continues until the last booked lesson is completed or until terminated under clause 17 (Events of Termination).
c) Automatic Termination: The Agreement terminates if the Booking Platform discontinues the platform.

8. Platform Learner’s Obligations

By booking lessons, the Platform Learner confirms that they:

a) have read, understood, and consented to all terms;
b) hold and will present a valid learner’s permit or provisional licence at each lesson;
c) will attend each lesson free from the influence of alcohol, drugs, or impairing substances;
d) (if under 18) acknowledge that their parent/guardian is jointly and severally liable for all obligations and costs;
e) (if an agent acts on their behalf) ensure the agent is authorised, and accept that all actions by the agent are binding; both the Platform Learner and the agent are jointly and severally liable;
f) will not damage the reputation of the Booking Platform, and will report any misconduct;
g) will comply with all lesson rules (punctuality, following instructor instructions, valid pick-up address, contactable mobile, safe driving, respectful conduct, no mobile phone use, no off-platform lessons, mitigating loss, indemnifying the Booking Platform).

9. Warranties

a) The Booking Platform’s services come with non-excludable guarantees under the Australian Consumer Law.
b) To the extent permitted by law, the Booking Platform’s liability for breach is limited to re-supply of services or payment of the cost of re-supply.

10. Home Pick-Up Fee

If the Platform Learner selects a home pick-up, an additional fee may apply. The fee is set by the instructor and clearly displayed at booking.

11. Test Day Packages

Certain packages may include a Test Day component. The Platform Learner must check the test location, inclusions, and special terms (such as home pickup) before booking. The Booking Platform is not responsible for misunderstandings.

12. Refund Policy

a) Cancellation by Instructor: If an instructor cancels, the Platform Learner may choose a replacement (subject to clause 5). If no replacement is available, the Booking Platform will provide, at the Platform Learner’s option, a credit for the full booking value or a refund to the original payment method.
b) Refund Process: Contact the Booking Platform with booking details. Refunds are processed within 7 business days to the original payment method.
c) Direct Payments: The Booking Platform is not responsible for refunds of direct payments to instructors outside the platform.

13. Lesson Cancellation/Rescheduling Fee

a) More than 24 hours’ notice: Credit for 100% of the booking fee.
b) 24 hours or less / No show: The Platform Learner is charged a late cancellation fee. The fee is typically the full price of the booked lesson, but may vary between instructors. The exact amount is displayed at booking. It is not a penalty and relates to reasonable costs.

14. Price Fluctuation

a) Lesson prices are set by individual instructors and may vary.
b) For Platform Learners (including agency-introduced learners), prices, late cancellation fees, and home pick-up fees may vary as set by the instructor. The Booking Platform may offer standard pricing for agency-introduced Platform Learners, which will be communicated at booking.
c) Price changes apply only to new bookings; existing bookings are unaffected.

15. Events of Termination

The Booking Platform may restrict, suspend, or cancel a Platform Learner’s registration immediately upon Written Notice if the Platform Learner:

a) breaches this Agreement;
b) has an active payment dispute;
c) has broken the law or been charged/convicted;
d) is no longer licensed to drive;
e) is subject to motor vehicle accident proceedings; or
f) in any other circumstance at the Booking Platform’s sole discretion.

16. Governing Law

This Agreement is governed by the laws of South Australia, with non-exclusive jurisdiction of its courts.

17. Dispute Resolution

a) Good-faith negotiation within 14 days.
b) If unresolved, optional mediation via the Resolution Centre.

18. Definitions

Platform Learner means an individual who books driving lessons directly through thelicence.com.au or through an agency managed by the Booking Platform.
Written Notice includes email or SMS.

19. Entire Agreement

This document, together with any referenced policies, constitutes the entire agreement and supersedes all prior understandings.

Terms and Conditions for Private Learners (Standard)

(Booking with {Instructor Business Name})

1. Agreement

This Agreement is made between:

a) {Instructor Business Name} (Instructor, we, us); and

b) you, the individual booking driving lessons (Learner, you).

By making a booking, you accept these Terms and Conditions in full.

2. Description of Services

{Instructor Business Name} provides professional driving instruction. You can schedule, pay for, and manage your lessons directly with us. All driving instruction is delivered personally by {Instructor Business Name}. We are an independent provider and take full responsibility for the quality of our lessons.

3. Modification of Services

We may change, add, or remove lesson types, packages, or features from time to time. Any changes will be communicated to you in advance where possible. Your continued use of our services after changes means you accept the updated terms.

4. Independent Relationship

We are an independent driving instructor business. By booking a lesson, you enter into a direct agreement with us. No other party is involved in the provision of your driving lessons.

5. Hassle Free Refunds

We believe in straightforward refunds. If you are not satisfied with a lesson or need to cancel, we aim to make the process as simple as possible. Eligible refund requests (as detailed in clause 12) are processed within 7 business days, with no unnecessary paperwork or delays. Your satisfaction is our priority.

6. Disclaimer and Safety Responsibility

a) Limitation of Liability: To the fullest extent permitted by law, {Instructor Business Name} is not liable for any loss, claim, harm, or damage arising from your participation in a lesson, except where caused by our gross negligence or wilful misconduct. You assume all normal risks associated with learning to drive.
b) Assumption of Risk: You acknowledge that driving instruction carries inherent risks and agree to participate at your own risk.
c) Accredited Driving Instructor: {Instructor Business Name} is a fully accredited driving instructor, holding all required licences and certifications mandated by law. You can learn with confidence knowing you are being taught by a qualified, professional instructor.

7. Agreement Effectiveness and Termination

a) Effectiveness: This Agreement becomes effective when you accept it digitally and complete a booking.
b) Termination: It continues until your last booked lesson is completed, or until terminated under clause 16 (Events of Termination).
c) Discontinuation: If we permanently cease operating, this Agreement will automatically terminate, and any outstanding lesson credits will be refunded on a pro-rata basis.

8. Learner’s Obligations

By booking lessons, you confirm that you:

a) have read, understood, and agree to these Terms and Conditions;
b) hold a valid learner’s permit or provisional driver’s licence and will present it at the start of each lesson;
c) will attend each lesson free from the influence of alcohol, illegal drugs, or any substance that could impair your driving;
d) if you are under 18, your parent or guardian guarantees your obligations and is jointly and severally liable for all costs, damages, and claims;
e) if an agent or representative books on your behalf, you confirm they are authorised, and you accept all actions they take as binding on you; both you and the agent are jointly and severally liable;
f) will not damage our reputation or make false or disparaging statements about {Instructor Business Name};
g) will follow all reasonable instructions given by us, arrive punctually, provide a valid pick up address, keep your mobile phone contactable, drive safely and lawfully, treat us with respect, not use a mobile phone during lessons, not offer bribes, not arrange lessons outside our booking system, take reasonable steps to minimise loss, and indemnify us against any loss or damage caused by your actions.

9. Warranties

a) {Instructor Business Name} warrants that we hold all necessary licences and accreditations to provide driving instruction.
b) To the extent permitted by law, any statutory guarantees that apply to our services are limited, at our option, to re supply of the lesson or a refund.

10. Home Pick Up Fee

If you request a home pick up, an additional fee may apply. The amount will be clearly communicated at the time of booking.

11. Test Day Packages

If a package includes a Test Day component, you must check what is included (e.g. vehicle use, attendance time, test location) and any special terms before booking. {Instructor Business Name} is not responsible for misunderstandings about the package scope.

12. Refund Policy

a) Cancellation by Us: If we cancel a lesson, you will be offered a replacement booking at a mutually agreed time. If no suitable alternative is found, you will receive a full refund within 7 business days.
b) Refund Process: To request a refund, contact us directly with your booking reference. Refunds are processed within 7 business days to the original payment method.

13. Lesson Cancellation/Rescheduling Fee

a) More than 24 hours’ notice: You may cancel or reschedule without charge and will receive a credit for the full booking value.
b) 24 hours or less / No show: You will be charged the full price of the booked lesson. This fee is not a penalty but reflects our lost income and costs incurred as a result of the late cancellation.

14. Price Changes

a) Our lesson prices are subject to change.
b) Any price change will only apply to new bookings made after the change is published. Existing bookings are unaffected.

15. Events of Termination

We may immediately restrict, suspend, or cancel your bookings by written notice (including email or SMS) if you:

a) breach any of these Terms and Conditions;
b) have an active payment dispute (e.g. chargeback) relating to a lesson;
c) have been charged with or convicted of a criminal offence;
d) are no longer licensed to drive;
e) are involved in legal proceedings arising from a motor vehicle incident during a lesson;
f) engage in any conduct that, in our sole opinion, is harmful, abusive, or otherwise unacceptable.

16. Governing Law

This Agreement is governed by the laws of South Australia, and the parties submit to the non exclusive jurisdiction of its courts.

17. Dispute Resolution

a) Both parties will try to resolve any dispute by good faith negotiation within 14 days.

18. Definitions

Instructor or {Instructor Business Name} means the driving instructor business you are booking with.
Learner means you, the individual booking lessons.

19. Entire Agreement

These Terms and Conditions, together with any booking confirmations and fee disclosures, constitute the entire agreement between you and {Instructor Business Name} and supersede all prior discussions or agreements.