Driving Instructor Terms & Conditions

Who This Agreement Is Between

This is a contract between:

• The Licence – the company that runs the website at thelicence.com.au; and
• You, the Driving Instructor – the person who signs up to use our platform.

We call each of us a Party, and together the Parties.

Important Things to Know Before You Join

What This Agreement Covers

You can use The Licence platform in two main ways:

1. The Instructor Portal: This is the software we give you to manage your bookings, client details, payments, and automated messages. You can also connect your own domain name (like yourdrivingschool.com.au) to give it your own branding.
2. The Marketplace: This is the directory at thelicence.com.au where Learners and Agencies can find you and book your lessons.

How Long This Agreement Lasts

This agreement starts as soon as you click “I accept” or register on our platform. It continues until either of us ends it (see clause 4.3). By accepting, you confirm you’ve read, understood, and agree to everything in here.

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1. Using the Instructor Portal & Your Own Clients

1.1 What We Give You

We give you access to the Instructor Portal – a tool that helps you run your business. You can manage bookings, keep client records, and send automated messages to your students.

1.2 Your Own Website & Payment Systems

You have the option to connect your own domain name and link your own Stripe or PayPal accounts. You’re responsible for setting these up and keeping them running. We’re not responsible if something goes wrong with those third‑party services.

1.3 Private Clients – Your Responsibility

You can invite your own clients (Private Clients) to book and pay through your branded portal. These clients are yours – you set the terms, you handle the lessons, and you deal with any payment disputes. We’re not involved in any disagreements between you and your Private Clients.

1.3A Private Clients – Two Fee Options

Private Clients are not subject to any platform fee (0%). However, the payment gateway fee depends on how you set up your booking link:

• Option 1 – Custom Domain + Own Payment Gateway:
  If you use your own custom domain (e.g., yourdrivingschool.com.au) and your own Stripe or PayPal account, you pay 0% in total – no platform fee, no gateway fee. You handle all payments directly.
• Option 2 – Profile Link on The Licence:
  If you use a profile link hosted on The Licence platform (e.g., thelicence.com.au/instructor/yourname) and we process the payment on your behalf, a 2.2% gateway fee will be charged to cover Stripe/PayPal processing costs. This is deducted before we pay you.

1.4 Learner Policy Coverage

Any lesson you book through the platform – whether it’s a Private Client or a Marketplace client – is covered by our standard Learner Policy. But this doesn’t change your responsibility for payment disputes (see above).

1.5 Data & Platform Availability

Our platform connects with other systems (like domain registrars and payment gateways). We’re not liable if those systems fail, if you lose data, or if the platform goes down for maintenance – to the extent the law allows.

2. How the Marketplace Works

2.1 Your Legal Status

You are an independent contractor. You are not our employee, agent, or subcontractor. We provide a platform and process payments – but any agreement to teach a student is strictly between you and the Learner or Agency.

2.2 Checking Learner Licences

At the start of every lesson, you must check the Learner has a valid driver’s licence (like a Learner’s Permit). If they don’t, you must refuse the booking and tell us immediately.

2.3 Your Warranties – What You Guarantee

You guarantee that:

• You’re qualified to be a driving instructor in your state/territory.
• You hold a valid Working With Children Check and have passed a police check.
• You’re medically fit to teach safely.
• You hold all the insurance we require (see clause 2.7).

2.4 Non-Circumvention (Fair Use)

You agree that if a Learner or Agency client is first introduced to you through The Licence Marketplace, you will not intentionally solicit or book that client through any channel outside the platform (including your own website, social media, or in-person contact).

However, this clause does not apply if:

• the client finds you independently (e.g., through your own advertising, referrals, or organic search); or
• the client contacts you directly without any prior interaction via The Licence Marketplace.

This clause is intended to protect the integrity of the Marketplace and is not intended to restrict your ability to run your own business or advertise independently. If this clause is ever found to be unenforceable, it shall be severed, and the rest of the Agreement remains in full effect.

2.5 You’re Not Locked In

This is a non-exclusive arrangement. You’re free to use other platforms, advertise yourself, and take clients from anywhere else – as long as you don’t poach our Marketplace clients (clause 2.4).

2.6 You Can Say No

You have the right to refuse any booking without penalty. Just let the client know promptly, and don’t discriminate unlawfully.

2.7 Our Policies

You confirm you’ve read and agree to our Code of Conduct, Payment Policy, Privacy Policy, and any other policies we provide.

2.8 Quality & Reviews

You agree to maintain high standards – be punctual, professional, and keep your car clean and roadworthy with dual pedals. If you consistently get poor reviews (e.g., multiple ratings below 3 stars), we may suspend or terminate your account. We’ll give you a chance to explain your side first.

2.9 Insurance & Your Vehicle

You are solely responsible for:

• comprehensive car insurance that covers driving instruction;
• public liability insurance; and
• compulsory third-party (CTP) insurance.

Your vehicle must be registered with us, roadworthy, and have working dual pedals.

3. Google Integration

3.1 Google Calendar Sync

The Licence platform may offer integration with Google Calendar to help you manage your bookings. If you choose to connect your Google Calendar:

• Your bookings will automatically sync to your Google Calendar.
• You can control which calendars are synced through your account settings.
• You are responsible for ensuring your Google Calendar is correctly configured.

3.2 Data Sharing with Google

By using Google Calendar integration, you acknowledge that:

• Certain data (such as your name, email address, and booking times) may be shared with Google.
• Google’s own privacy policy and terms of service apply to any data processed by Google.
• We do not control how Google uses your data – you should review Google’s privacy policy.

3.3 Your Responsibility

You are responsible for:

• Managing your own Google account and permissions.
• Ensuring you have the right to share any data you provide to Google through our platform.
• Keeping your Google login credentials secure.
• Configuring your Google Calendar settings as you prefer.

4. How Bookings, Pricing & Fees Work

4.1 Standard Fee Option (Pay-As-You-Go)

1. You set your own price for Learner bookings. You can charge different rates for home pickup vs meeting points. You can also set a cancellation fee – we’ll show it to the Learner before they book.
2. We take 5%. For every Marketplace booking (Learner or Agency), we keep 5% (including GST).
3. Gateway fee: A 2.2% fee is deducted by Stripe or PayPal for processing the payment. This is passed on to you at cost.

4.2 Subscription Option ($14.99/week – Unlimited Bookings)

1. Pay $14.99 per week and you pay 0% platform fee on all Marketplace bookings (Learners and Agencies).
2. Unlimited bookings – no cap on how many lessons you can book through the Marketplace while your subscription is active.
3. You keep 100% of the booking price (after GST, if applicable), minus the 2.2% gateway fee.
4. The subscription is billed weekly and auto-renews until you cancel.
5. If you cancel your subscription, you will revert to the 5% per-booking platform fee.

4.3 Private Client Bookings

• Option 1 (custom domain + own gateway): You keep 100%. We take 0%. No gateway fee.
• Option 2 (profile link on The Licence): We take 0% platform fee, but a 2.2% gateway fee applies. The net amount is paid to you.

In both cases, you are responsible for handling any payment disputes (see clause 1.3).

5. General Legal Stuff

5.1 Australian Consumer Law

Some rights under the ACL can’t be excluded. Where that’s the case, we respect those rights. For everything else, we exclude implied warranties.

5.2 Liability & Indemnity

If we’re liable to you, the most we’ll do is either fix the service or refund what you’ve paid us during your membership. You also agree to indemnify us (i.e., cover our costs) if we get into trouble because of your breach, your actions as an instructor, or a dispute with your Private Client.

5.3 Termination – Ending This Agreement

• Either of us can end this agreement by giving 30 days’ written notice.
• We can end it immediately if you break this agreement, the Code of Conduct, or the Payment Policy.
• You can end it at any time by giving 30 days’ notice – no questions asked.
• Your subscription can be cancelled at any time – it will stop at the end of your current weekly billing cycle.

5.4 Changes to These Terms

We may update this agreement from time to time. We’ll give you 14 days’ written notice (by email or SMS). If you keep using the platform after that, you’re accepting the new terms.

5.5 Governing Law

This agreement is governed by the laws of Australia. Both of us agree to the non-exclusive jurisdiction of Australian courts.

5.6 Entire Agreement

This document, plus our Payment Policy, Privacy Policy, and Code of Conduct, is the entire agreement between us. It replaces any earlier conversations or understandings.

5.7 Severability

If any part of this agreement is found to be invalid, the rest of it still applies.

5.8 Force Majeure

Neither of us is liable if we can’t perform our obligations due to something beyond our control (like natural disasters, government action, or internet outages).

5.9 Dispute Resolution

If we have a dispute, we must first try to resolve it through mediation before taking legal action.

5.10 Confidentiality

Both of us agree to keep private information confidential – including client data, pricing, and business strategies. This obligation continues even after the agreement ends.

5.11 Survival

Some clauses (like indemnity, confidentiality, and dispute resolution) remain in force even after this agreement ends.

5.12 Notices

Any notice we send to you by email or SMS is considered delivered 24 hours after sending, unless we get a delivery failure notification.

5.13 Assignment

Neither of us can transfer this agreement to someone else without the other’s written consent.

5.14 Waiver

If we don’t enforce a right immediately, it doesn’t mean we’ve given it up.

Definitions – What We Mean