Driving Instructor Terms and Conditions

1.1. Services.

The Licence provides Driving Instructors with access to a software portal to manage their driving instruction business (the Instructor Portal). This includes the ability to manage bookings, client data, and automated communications for all clients.

1.2. Custom Domain & Payment Gateways.

The Driving Instructor may be granted the option to set up their own custom domain name. The Driving Instructor is solely responsible for procuring, configuring, and maintaining their own domain name, Stripe account, and PayPal account. The Licence's technology will facilitate the connection of these third-party services to the Instructor Portal. The Licence is not liable for any issues arising from or in connection with these third-party services.

1.3. Private Clients.

The Driving Instructor can invite their own clients, sourced independently of The Licence Marketplace (Private Clients), to book and pay through the Driving Instructor's branded portal. The terms and conditions governing driving lessons and the resolution of any payment disputes for Private Clients are solely a matter between the Driving Instructor and the Private Client. The Licence bears no responsibility for resolving payment disputes relating to Private Clients.

1.4. Learner Policy Coverage.

Any driving lesson provided to a Private Client, once booked through the platform, will be covered by The Licence's standard Learner Policy. This coverage does not alter the Driving Instructor's sole responsibility for handling payment disputes as stated in clause 1.3.

1.5. Data & Availability.

The Driving Instructor acknowledges that the platform may rely on or interface with third-party systems (e.g., domain registrars, payment gateways). To the maximum extent permitted by law, The Licence shall have no Liability for any Third Party Services, data loss or corruption, or for any unavailability of the platform due to scheduled or emergency maintenance.

2.1. Relationship of the Parties.

The Driving Instructor is an independent contractor, not an agent, employee, or subcontractor of The Licence. The Licence provides the platform as a conduit, processes payments, and facilitates bookings between Driving Instructors, Learners, and Agencies. Any agreement to undertake driving lessons is strictly between the Learner/Agency and the independent Driving Instructor.

2.2. Learner Verification.

At the start of every booking, the Driving Instructor must personally check and verify that the Learner holds a current, valid driver’s licence (e.g., Learner's Permit) that lawfully permits them to drive in that state or territory. If the Learner does not have a valid licence, the Driving Instructor must refuse the booking and notify The Licence immediately.

2.3. Warranties by Driving Instructor.

The Driving Instructor warrants that they:

• have complied with all state/territory requirements to be a fully qualified driving instructor;
• hold a valid Working With Children Check and have passed a National Police Criminal History Check;
• have no health or medical issues that may prevent them from safely instructing Learners; and
• hold all required insurance, as detailed in clause 2.7.

2.4. Fidelity.

The Driving Instructor agrees not to intentionally solicit or book a Learner or Agency client, who was first introduced through The Licence Marketplace, through any other means outside the platform.

2.5. Policies.

The Driving Instructor warrants they have read, understood, and agree to be bound by the Driving Instructor Code of Conduct, the Payment Policy, the Privacy Policy, and any other Policies and Procedures provided by The Licence.

2.6. Quality Assurance.

The Driving Instructor agrees to maintain the highest quality of services, including punctuality, a professional appearance, and maintaining a clean, roadworthy vehicle with operational dual pedal controls. The Licence may suspend or terminate the Driving Instructor's registration based on consistently poor feedback, at its sole discretion.

2.7. Insurance & Vehicle.

The Driving Instructor is solely responsible for holding and maintaining comprehensive car insurance endorsed for driving instruction, public liability insurance, and compulsory third-party vehicle insurance. The vehicle used for bookings must be registered with The Licence, roadworthy, and fitted with operational dual pedal controls.

3.1. Marketplace Bookings (Learners).

• (a) Instructor-Set Pricing. The Driving Instructor is free to set their own lesson prices for bookings made directly by Learners via The Licence Marketplace. This may include setting different prices for home pickup and standard meeting points. The Driving Instructor may also determine their own cancellation fee, which will be clearly displayed to the Learner before booking.
• (b) Platform Fee. For each Marketplace booking sourced from a Learner, The Licence will charge a Platform Fee of 3% of the total booking price (inclusive of GST). The net amount, after deduction of the Platform Fee, will be remitted to the Driving Instructor in accordance with the Payment Policy.

3.2. Agency Bookings.

• (a) Agency Clients & Fixed Pricing. An Agency is a third party that books lessons on behalf of its own clients (Learners). For these bookings, the Agency client is considered a client of The Licence. Prices for Agency bookings are set at a fixed rate by The Licence.
• (b) Voucher System. Agencies will be issued pre-paid vouchers by The Licence. An Agency can then use these vouchers to book any available Driving Instructor listed on The Licence Marketplace for their client.
• (c) Platform Fee & Payment. A Platform Fee of 3% (inclusive of GST) will be deducted from the fixed price of the Agency booking. The Licence will remit the balance to the Driving Instructor in accordance with the Payment Policy. The Driving Instructor acknowledges that The Licence is responsible for collecting payment from the Agency.

3.3. Private Client Bookings.

No Platform Fee applies to bookings made by Private Clients. Payment disputes for Private Clients are handled directly by the Driving Instructor as set out in clause 1.3.

4.1. Australian Consumer Law.

Certain legislation, including the Australian Consumer Law (ACL), may confer rights that cannot be excluded. Subject to those non-excludable rights, all express and implied warranties are excluded.

4.2. Liability & Indemnity.

To the maximum extent permitted by law, The Licence’s aggregate liability is limited to resupplying the service or refunding the fees paid by the Driving Instructor to The Licence during the term. The Driving Instructor agrees to indemnify The Licence against any Liability arising from the Driving Instructor’s breach of this Agreement, their actions as a driving instructor, or any dispute with a Private Client.

4.3. Termination.

Either Party may terminate this Agreement by giving 30 days' written notice. The Licence may immediately restrict, suspend, or terminate a Driving Instructor’s registration for any breach of this Agreement, the Code of Conduct, or the Payment Policy.

4.4. Modification.

The Licence may amend this Agreement at any time by providing written notice. Continued use of the platform after the notice period constitutes acceptance of the amended terms.

4.5. Governing Law.

This Agreement is governed by the laws of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Australia.

4.6. Entire Agreement.

This Agreement, along with the documents incorporated by reference, represents the entire agreement between the parties and supersedes any prior understandings or agreements.