This Agreement is made between:
TheLicence: Referring to the booking platform operated by thelicence.com.au, which provides the service for booking driving lessons.
The Learner: The individual taking lessons through the thelicence.com.au platform, and who agrees to the terms and conditions set forth here.
Description of Services
http://Thelicence.com.au/ provides an online platform that enables learners to connect with qualified, independent driving instructors. Through this platform, learners can browse instructor profiles, view availability, and book driving lessons directly with instructors.
Thelicence.com.au platform facilitates lesson bookings by allowing learners to schedule, pay for, and manage driving lessons online. However, the Licensee itself does not provide driving lessons, nor does it directly supervise or manage the quality of instruction offered by listed instructors.
3. Modification of Services
Thelicence.com.au, reserves the right to add new services, modify existing services, or remove services from the platform at its discretion and as required from time to time. Any such changes will be reflected on the platform and may impact the availability of certain features or booking options.
4. Independent Relationship
The Learner acknowledges that each Instructor is an independent individual, and by booking a lesson through thelicence.com.au platform,
Instructors listed on thelicence.com.au are neither employees, contractors, agents, nor subcontractors of the thelicence.com.au.
The Licensee does not exercise control over the conduct, skills, or performance of Instructors beyond the listing on the platform.
The Learner is entering into a direct agreement with the Instructor. Thelicence.com.au website and platform, only serves as a facilitator connecting Learners with Instructors.
5. Disclaimer of Due Diligence and Safety Responsibility
Limitation of Liability: thelicence.com.au is not responsible for the actions, conduct, or outcomes of lessons provided by the Instructors or any behavior by the Learner. Any agreement, commitment, or arrangement made between the Instructor and Learner exists solely between those two parties, and the Licensee is not a party to such agreements.
Limitation of Liability for Loss or Harm: Thelicence.com.au is not liable for any physical, mental, or emotional loss, claim, harm, or damage that may arise from or be connected to booking or attending a lesson with an Instructor. Learners assume all risks associated with these lessons, and thelicence.com.au shall bear no responsibility for any issues or incidents that occur during or because of the lesson.
No Due Diligence on Instructors: thelicence.com.au, does not conduct background checks, searches, or other forms of due diligence on Driving Instructors listed on the platform. Instructors’ qualifications, certifications, and experience are provided by the instructors themselves, and the thelicence.com.au does not independently verify this information.
6. Agreement Effectiveness and Termination
Effectiveness: This Agreement will become effective once all parties (the Learner, thelicence.com.au, and the Instructor) have digitally accepted it through the thelcence.com.au platform.
Termination: This Agreement will remain in effect until:
The Learner completes their last booked lesson through the platform, or
thelicence.com.au or Instructor may terminate this Agreement with written notice to the Learner in cases of non-compliance with these Terms and Conditions, unsafe conduct, or any other reason deemed justifiable.
Events of Termination
The Learner agrees that thelicence.com.au may restrict, suspend, or cancel the Learner’s registration on the thelicence.com.au website immediately upon providing Written Notice in the following circumstances, which include but are not limited to:
Breach of Agreement
Where a Learner breaches any term of this Agreement.
Active Payment Dispute
Where a Learner has an active payment dispute with their payment provider.
Legal Violations
Where a Learner has broken the law, including instances where the Learner has been charged with or convicted of a criminal offence.
Licensing Issues
Where a Learner is no longer a licensed driver or is not otherwise permitted by law to be a licensed driver.
Motor Vehicle Proceedings
Where a Learner is the subject of proceedings relating to a motor vehicle accident.
Discretionary Termination
In any other circumstances as determined at the sole discretion of thelicence.com.au.
Automatic Termination: This Agreement will also automatically terminate if:
The thelicence.com.au discontinues the platform services.
7. Learner Agreement
By booking and participating in lessons through thelicence.com.au, the Learner agrees to the following terms and conditions:
Agreement and Consent
The Learner confirms that they have read, understood, and consented to all terms outlined in this Agreement and are fully aware of the responsibilities and limitations stated.
Valid Permit Requirement
The Learner must possess a valid learner's permit or provisional driver’s license at the time of each lesson. The permit/license must be presented to the instructor at the beginning of each session. Failure to provide a valid permit or license will result in the cancellation of the lesson, and the Learner may forfeit any associated fees.
Sobriety and Prohibition of Substance Use
The Learner agrees to attend each lesson free from the influence of alcohol, prohibited drugs, or any other substances that may impair their ability to drive. If the Instructor suspects impairment, they reserve the right to cancel the lesson immediately, with fees potentially forfeited by the Learner.
Parental or Guardian Responsibility (for Learners Under 18)
Assumption of Liability
The parent or guardian assumes liability for any costs, damages, or claims arising from the Learner’s actions during lessons. This includes any consequences resulting from the Learner’s failure to comply with these terms or any Instructor guidance.
Agents or Representatives Acting on Behalf of Adult Learners
Authorization to Act on Behalf of the Learner
If an agent, service provider, or any individual is acting on behalf of a Learner aged 18 years or older (such as for booking or managing lessons), they must be expressly authorized by the Learner to do so. This authorization should include permission to make decisions regarding lesson bookings, cancellations, and other actions relevant to the learner's account.
Responsibilities of the Agent or Representative
Any individual acting on behalf of the Learner is responsible for ensuring that all bookings, cancellations, and interactions with the platform comply with this Agreement. The Licensee is not responsible for verifying the authority of the representative, and all actions taken by the representative are considered binding on the Learner.
Assumption of Risk and Liability
Learners agree to take full responsibility for any risks associated with lessons. Thelicence.com.au disclaims any liability for misunderstandings, errors, or issues that arise due to the involvement of an agent or representative.
Release of Liability for thelicence.com.au
By allowing an agent, service provider, or other person to act on their behalf, the Learner acknowledges that thelicence.com.au is not responsible for any loss, damage, or issues that may result from the representative’s actions or decisions.
8. Fidelity and Reputation
Commitment to Reputation.
Thelicence.com.au, is dedicated to maintaining a positive reputation for quality and reliability within the driving instruction community. Thelicene.com.au strives to foster a trustworthy environment for both Learners and Instructors by ensuring that all interactions conducted through the platform uphold the highest ethical standards.
Protection of the Thelicence.com.au Reputation.
Learners agree to engage with the platform in a manner that does not harm or undermine the reputation of thelicence.com.au. This includes refraining from making false claims, disparaging comments, or any conduct that could potentially damage the Licensee's standing in the community.
Reporting Misconduct.
Learners are encouraged to report any instances of misconduct, unprofessional behavior, or violations of this Agreement by Instructors or other Learners. Such reports will be taken seriously and investigated thoroughly by the Licensee to protect the integrity of the platform.
Consequences of Reputation Damage.
Any behavior that negatively impacts the reputation of thelicence.com.au may result in disciplinary actions, including but not limited to suspension or termination of access to the platform and services.
Continued Commitment to Quality.
Thelicence.com.au is committed to continuously improving the quality of services provided and may take steps to enhance the platform, including adding features, updating policies, or refining instructor vetting processes, to ensure a positive experience for all users.
9. Warranties
Consumer Guarantees
Thelicence.com.au, agrees that its services and products come with guarantees under the Australian Consumer Law that cannot be excluded under this Agreement. These guarantees include, but are not limited to, the assurance that services will be provided with due care and skill, be fit for purpose, and meet the expectations of the consumer.
Limitations of Liability
While the Thelicence.com.au acknowledges these guarantees, it is important to note that any liability arising from a breach of these guarantees is limited to the extent permitted by law. This may include the re-supply of services or the payment of the cost of having the services re-supplied.
Further Information
For more detailed information regarding consumer rights and guarantees under Australian law, please visit Law Handbook.
10. Learner Responsibilities
The Learner agrees to comply with the following rules, which include, but are not limited to:
Punctuality
Arriving punctually at lessons with Driving Instructors.
Following Instructions
Following all instructions given by the Driving Instructor.
Providing Accurate Information
Providing a full and valid pick-up address for each lesson.
Contact Information
Providing a mobile phone number that is contactable via SMS and calls.
Safe Driving Practices
Acting safely, abiding by all driving laws, rules, and regulations in their jurisdiction, being aware of risks, and not putting people or property in danger (including motor vehicles).
Respectful Conduct
Being respectful to Driving Instructors at all times.
Prohibition of Device Use
Not using a mobile phone or similar electronic device while undertaking lessons.
No Bribery
Not offering money, tips, or other types of bribes to Driving Instructors.
No Private Lessons Outside the Platform
Not encouraging a Driving Instructor or accepting an offer from a Driving Instructor to personally undertake lessons outside of, or separate from, the thelicence.com.au platform.
Mitigation of Loss
Taking reasonable steps to mitigate any loss.
Indemnification
Indemnifying thelicence.com.au against any loss.
11. Refund Policy
General Policy
Refunds for lessons booked through thelicence.com.au are subject to the conditions outlined in this section. Thelicence.com.au aims to provide a fair and transparent refund process for Learners.
Cancellation by the Learner
Learners may cancel a lesson up to 24 hours before the scheduled start time to receive a credit to reschedule. Cancellations made less than 24 hours prior to the lesson will not be eligible for a refund.
Cancellation by the Instructor
In the event that an Instructor cancels a lesson, the Learner will be notified, and a lesson credit will be issued. Alternatively, instructor can offer the Learner a later date or choose to reschedule the lesson .
Refund Process
To request a refund, Learners must contact the thelicence.com.au if paid booking through the platform or via the provided contact information. The request must include the booking details and the reason for the refund. The Licensee will process the refund within 7 business days, using the original payment method.
No Show Policy
If a Learner fails to attend a scheduled lesson without prior cancellation, no refund will be issued, and the lesson will be marked as completed.
Disputes
Any disputes regarding refunds will be handled in accordance with the Dispute Resolution process outlined in this Agreement.
12. Direct Payments to Instructors
Non-Responsibility for Direct Payments
thelicence.com.au, is not responsible for any payments made directly to Driving Instructors outside of the platform.
Learners are advised that any financial transactions conducted directly with an Instructor are solely between the Learner and the Instructor.
Contacting Instructors for Payment Issues
In the event of any issues, disputes, or concerns related to payments made directly to Driving Instructors, Learners must contact the Instructor directly to resolve these matters. The Licensee cannot intervene or facilitate disputes regarding such transactions.
No Liability for Financial Transactions
The Licensee disclaims any liability for losses or damages arising from direct payments made to Driving Instructors. Learners assume all risks associated with these transactions.
13. Additional Required Documents
The Learner agrees to read and understand any other documents as reasonably required by thelicence.com.au from time to time, which may include updates to existing policies or new policy documents.
14. Lesson Cancellation/Rescheduling Fee
Cancellation/Rescheduling More Than 24 Hours in Advance
If the Learner cancels or reschedules a lesson more than 24 hours before the scheduled start time, the Learner will receive a credit from [thelicence.com.au] for 100% of the value of the booking fee. This credit can be used towards future lessons.
Cancellation/Rescheduling Within 24 Hours
If the Learner cancels or reschedules a lesson 24 hours or less before the lesson is due to start, or if the Learner fails to attend the lesson (a "no show"), the following terms apply:
Instructor's Right to Charge
The Driving Instructor will be entitled to charge the Learner for the total price of that booking.
Acknowledgment of Fees
The Learner acknowledges and agrees that the fee for cancellation or rescheduling, being the total price of the booking, is not excessive and is related to the reasonable costs and expenses incurred by thelicence.com.au and the Driving Instructor.
15. Price Fluctuation
Instructor-Determined Pricing
The prices for lessons are set by individual Driving Instructors and may vary based on their discretion.
Changes to Pricing
Driving Instructors reserve the right to change their lesson prices at any time. Any new prices will apply only to new bookings made after the price change is implemented.
Notification of Price Changes
While thelicence will make reasonable efforts to notify Learners of any price changes, it is ultimately the Learner’s responsibility to verify current pricing prior to making a booking.
16. Events of Termination
The Learner agrees that thelicence.com.au may restrict, suspend, or cancel the Learner’s registration on the thelicence.com.au website immediately upon providing Written Notice in the following circumstances, which include but are not limited to:
Breach of Agreement
Where a Learner breaches any term of this Agreement.
Active Payment Dispute
Where a Learner has an active payment dispute with their payment provider.
Legal Violations
Where a Learner has broken the law, including instances where the Learner has been charged with or convicted of a criminal offence.
Licensing Issues
Where a Learner is no longer a licensed driver or is not otherwise permitted by law to be a licensed driver.
Motor Vehicle Proceedings
Where a Learner is the subject of proceedings relating to a motor vehicle accident.
Discretionary Termination
In any other circumstances as determined at the sole discretion of thelicence.com.au.
17. Additional requirements.
Learner and instructor must be agreeing Payment Processor Agreement
Stripe
PayPal
Acknowledgment of Policies
The Learner warrants that they have read and understood the following documents prior to engaging in services through thelicence.com.au
thelicence.com.au Payment Policy
The Learner acknowledges the terms outlined in the thelicence.com.au Payment Policy, which details payment processes, refunds, and related financial transactions.
Thelicence.com.au Privacy Policy
The Learner acknowledges the thelicence.com.au Privacy Policy, which explains how personal information is collected, used, and protected in accordance with applicable privacy laws.