Terms and Conditions of Use

By registering and using the:

• Licence4Me Driving Instructor Portal, which will cause you to appear on the Licence4Me website and Learner Portal (‘Marketplace’),
• and/or download and use the L4Me Driving Instructor App

collectively referred to as the ‘Technology’, You are entering into an agreement with Licence4Me Pty Ltd and agreeing to be bound by the following terms and conditions:

Licence4Me Disclosures

The complete terms and conditions are contained within this document, but some important points for You to know before joining Licence4Me as a Driving Instructor are set out below:

• Licence4Me may amend this Agreement or the features of the Technology at any time, by providing written notice to You;
• Your contact information will be accessible by a Learner Driver who purchases driving lessons or drive tests from You;
• To the maximum extent permitted by law, any fees payable by You to Licence4Me are non-refundable;
• To the maximum extent permitted by law, Licence4Me shall have no Liability to You for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Technology to be unavailable.
• Licence4Me’s aggregate liability for any Liability arising from or in connection with this Agreement will be limited to Licence4Me resupplying to You or, in Licence4Me’s sole discretion, to Licence4Me repaying to You the amount of the fees paid by You to Licence4Me during the term; and
• Licence4Me may terminate this Agreement with You at any time by giving 30 days’ written notice.

Nothing in these terms and conditions limits Your rights under the Australian Consumer Law.

Term of Agreement

1. This Agreement commences when You accept these terms and conditions by registering on the Licence4Me Technology, and continues until terminated in accordance with this Agreement. By accepting this Agreement, You acknowledge that You have read, understand and agree to comply with the terms of this Agreement.

LICENCE4ME MARKETPLACE

The following clauses apply to the use of the Licence4Me Marketplace Services:

Relationship of the parties

2. You acknowledge and agree that –
   1. You are independent of Licence4Me and are not an agent, employee, contractor or subcontractor of Licence4Me;
   2. the Technology is the conduit between Driving Instructors and Learner Drivers. Licence4Me provides the platform to users (including hosting and maintaining the platform), utilise marketing strategies to gain potential Learner Drivers to purchase lessons from the platform, facilitate the collection of payment for Your services via Stripe, and facilitate bookings between Learner Drivers and You (together the ‘Licence4Me Marketplace Services’);
   3. any agreement to undertake driving lessons is between the Learner Driver and You, to which Licence4Me is not a party;
   4. Licence4Me is not liable or responsible for the conduct, acts or omissions of You or Learner Drivers;
   5. You retain the right to use other software application services to provide driving lessons and to engage in any occupation or other business;
   6. it is Your sole responsibility at the commencement of each driving lesson, to check and verify that each Learner Driver has a current and valid Learner Driver Permit, or any other driver’s licence type, that lawfully allows that Learner Driver to drive in the state in which they are undertaking driving lessons, such that if a Learner Driver does not have the same, You must –
      1. refuse to provide a driving lesson to that Learner Driver; and
      2. notify Licence4Me immediately; and
   7. Licence4Me does not check or carry out searches or due diligence on Learner Drivers. You are always responsible for and obliged to take all reasonable precautions in relation to their personal and vehicle safety and security and Licence4Me is not responsible or liable for any physical, mental or emotional loss, claim, harm or damage suffered as a result or in connection with, or as a consequence of, accepting (or refusing to accept), or taking on a Learner Driver for a lesson.

Warranties by You

3. You warrant that You have done all of the following –
   1. complied with all requirements in Your state or territory of operation to become a fully qualified driving instructor;
   2. You have no health or medical issues that may prevent them from being fit to drive or instruct Learner Drivers;
   3. You have no police or criminal history and have no pending investigations or charges against You;
   4. You have successfully passed a National Police Criminal History Check;
   5. You have passed a Working With Children check and have provided the reference number to Licence4Me; and
   6. You have personally checked and verified that each Learner Driver has a current and valid driver’s licence at the commencement of each driving lesson, in accordance with clause 2.2 above.

Your Use of Licence4Me Marketplace

4. You agree –
   1. You are required to have a username and password to access and use the Technology;
   2. You will not divulge Your username or password to anyone or allow others to use it on Your behalf;
   3. You will only use the Technology for its intended purpose, which is to connect You with Learner Drivers;
   4. You will keep Learner Drivers' data secure;
   5. the information You have provided is current, true and correct;
   6. to amend Your details whenever Your circumstances change as a matter of priority;
   7. not to use the Technology for any illicit purposes including to disseminate hate speech or similar views; and
   8. not to use the Technology to promote any third parties.

Fidelity

5. You agree:
   1. not to book a Learner Driver, whom you have been introduced to through the Technology, for driving lessons through any other means other than through the Technology;
   2. not to do any acts or omit to do things that damage or may damage the reputation of Licence4Me.
6. You agree that a breach of clause 5 will result in immediate termination of the Agreement pursuant to clause 38., and Your removal from the Technology and Marketplace.

Policies

7. You warrant that You have read and understood the following documents –
   1. The Licence4Me Driving Instructor Code of Conduct;
   2. the Payment Policy;
   3. the Licence4Me Privacy Policy; and
   4. the Licence4Me Policies and Procedures that may be provided to Driving Instructors from time to time.
8. You further warrant that you agree to the Policies and agree to any amendments as made from time to time. The parties agree that all Policies and subsequent amendments are binding on the parties. Links to the Policies can be found in the Schedule to this document.

Quality Assurance

9. You acknowledge and agree that –
   1. Licence4Me is dedicated to providing ‘real time bookings’ and providing services that allow Learner Drivers to have control over the date and time of their bookings;
   2. Licence4Me maintains and expects only the highest quality of services from Driving Instructors;
   3. Licence4Me relies on its reputation with Learner Drivers to secure word of mouth sales and to generate customers and bookings; and
   4. the Driving Instructor must adhere to and comply with all standards determined by Licence4Me in carrying out its services, as set out in, but not limited to, clause 10. below.
10. You agree –
    1. to be respectful to Learner Drivers and Licence4Me staff;
    2. to ensure that You are available and willing to take all lesson bookings made on dates and at times as allocated as ‘available’ by You;
    3. to maintain an accurate diary and calendar of all lessons agreed to and your availability for bookings;
    4. to arrive on time for all lessons with Learner Drivers;
    5. to maintain a professional appearance while conducting lessons with Learner Drivers;
    6. not to behave in a discriminatory, demeaning or derogatory way, or use threatening, abusive or offensive language towards Learner Drivers or Licence4Me staff;
    7. not to eat or drink while conducting driving lessons;
    8. not to use a mobile phone or similar electronic device while conducting driving lessons; and
    9. not to take or accept money, money’s worth, tips or other types of bribes from Learner Drivers.
11. If You receives poor feedback from a Learner Driver, whether based on a failure to comply with clause 10 or otherwise, Licence4Me may at its sole and absolute discretion immediately terminate Your registration with Licence4Me pursuant to clause 28.

Insurance

12. You are solely and absolutely responsible for holding and maintaining the insurance set out in this clause 12, and further warrant that You –
    1. have been appropriately endorsed by the relevant insurance provider for the insurance referred to in this clause 12;
    2. hold the appropriate levels of public liability and personal indemnity insurance;
    3. have current compulsory third party vehicle insurance;
    4. hold the appropriate level of comprehensive car insurance that covers accidents that occur while the You are instructing a Learner Driver;
    5. have informed Your comprehensive car insurance provider that You are conducting driving lessons;
    6. have received an endorsement by Your insurance provider confirming the information referred to in clauses 12.4 and 12.5;
    7. will inform Licence4Me when any form of insurance lapses;
    8. have a vehicle that has a dual pedal control;
    9. will only conduct a driving lesson in a vehicle that is –
       1. registered as a driving vehicle with Licence4Me;
       2. registered in Your own name (or a company controlled by You) subject to clause 16; or
       3. fitted with dual pedal controls; and
    10. will provide information to Licence4Me regarding the make, vehicle registration number, colour, model and year of the vehicle.

Certification Verification Requirements

13. Licence4Me requires You to produce a copy of Your –
    1. C Class driver's licence which is valid in the state in which You operate; and
    2. Driving Instructors Licence C Class which is valid in the state in which You operate; and
    3. working with children credentials.
14. You agree to notify Licence4Me when Your certifications lapse.

Vehicle Requirements

15. You agree that Your vehicle is to remain at all times –
    1. roadworthy;
    2. clean;
    3. well maintained; and
    4. registered.
16. You agree to notify Licence4Me immediately when You intend to use a different vehicle to conduct driving lessons and may not use a different vehicle unless and until You have notified Licence4Me.

Tax Compliance

17. You agree to comply with all Australian tax requirements including paying any applicable GST as a result of transacting through the Technology.  In particular, You acknowledge that You will be required to charge and remit GST on taxable supplies if You are registered or are required to be registered for GST in accordance with the A New Tax System (Goods and Services Tax Act) 1999 (Cth) as interpreted by the binding rulings published by the Federal Commissioner of Taxation from time to time, and You are responsible for paying this.

Retail Price per Lesson

18. You agree that the payment made by the Learner Driver or other person who booked a lesson or driving test, to You via the Stripe facility used by the Technology shall be considered the same as payment made directly by the Learner Driver to You, and is a discharge of the driving lesson or driving test.
19. Licence4Me does not provide a recommended retail price for lessons and driving tests; You acknowledge and agree that You must determine the price to charge for Your driving lesson and driving test services, and that you may also provide a discount to Learner Drivers by setting a lower price per hour for a pack of lessons.
20. In return for Licence4Me providing You with the Technology and potential connection to Learner Drivers, You agree to pay Licence4Me a monthly subscription fee at the rate determined by Licence4Me, which will be automatically deducted from Your specified credit card each month, in advance.  The monthly subscription fee includes GST.
21. Licence4Me reserves the right to increase or decrease the subscription fee described in clause 20 at any time, by giving You 30 days notice in writing.

Driving Instructor Receipts

22. Learner Drivers will pay You for each driving lesson or driving test booking as described in the Licence4Me Payment Policy.
23. You will receive a Payment Confirmation email from Licence4Me after each payment is collected via Stripe in relation to each driving lesson or driving test, setting out the following –
    1. Lesson ID, date, time and duration;
    2. Name of Learner;
    3. price allocated;
    4. GST.
24. You bear all risk associated with non-payment by Learner Drivers, including but not limited to –
    1. You are responsible for keeping your Stripe account valid and operating correctly.  Licence4Me takes no responsibility for the correct configuration of your Stripe account.
25. If a payment from a Learner to be collected by Stripe in relation to a lesson or driving test booking fails, for whatever reason, you will receive an email notification from Licence4Me advising that the payment could not be collected.  You agree that You will follow up with the Learner to collect payment in such situation.
26. You agree that You will not hold Licence4Me responsible for payment in any situation, including in the event that You did not see or did not receive the email notification advising that payment could not be collected.
27. You are required to inform Licence4Me immediately if You believe that a Learner Driver is acting fraudulently in relation to payments.

Events of Termination

28. Licence4Me may, in its discretion, restrict, suspend or cancel Your registration with and access to the Technology upon providing Written Notice under the following circumstances –
    1. where You breach this Agreement;
    2. where You have committed an offence, including being charged with or convicted of a criminal offence;
    3. where Your working with children credentials have been falsified or have expired;
    4. where You are no longer a licensed driver or not otherwise permitted by law to be a licensed driving instructor;
    5. where You are the subject of legal proceedings relating to a motor vehicle accident;
    6. where a third party conducts a driving lesson on your behalf;
    7. where You conduct a driving lesson in a vehicle other than that (or those) of which Licence4Me has been notified; and
    8. where You receive poor Learner Driver feedback or accumulates a poor rating as determined by Licence4Me.
29. If You failure to perform Your obligations under this Agreement is not rectified within 7 days, Licence4Me may restrict, suspend or cancel Your registration on the Technology without giving You notice.
30. Licence4Me will remove your ability to book lessons immediately when any form of documentation or insurance that Licence4Me has in its records expired.
31. You may terminate this Agreement by de-registering their account on the Technology, in which event You agree –
    1. that all Your personal information and data pertaining to the lessons and driving tests provided to Learners through the Technology will be retained by Licence4Me for an indefinite period unless You expressly request that Licence4Me permanently delete Your personal information.

Driving Instructor Portal Functionality

32. You can utilise the Technology to invite Private Clients who You have sourced independently of Licence4Me.
33. Licence4Me provides You with the ability to utilise the Technology to view, manage and take payment for Your Private Client bookings, as well as facilitating automated communications with the Private Client.
34. Licence4Me agrees to use its best endeavours to make the Technology available at all times.  However, from time-to-time Licence4Me may perform reasonable scheduled and emergency maintenance, such that the Technology may be unavailable during the times Licence4Me is performing such maintenance.
35. In the event that You are unable to access the Technology, or should You have any other questions or issues impacting on Your use and enjoyment of the Technology, You must place a request via email to support@Licence4Me.com.au.  Licence4Me will endeavour to respond to any support requests in a reasonable period.
36. You acknowledge and agree that the Technology may be reliant on, or interface with third party systems that are not provided by Licence4Me (for example, payment system providers) (Third Party Services). To the maximum extent permitted by law, Licence4Me shall have no Liability for any Third Party Service, or any unavailability of the Technology due to a failure of a Third Party Service.
37. You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent You input any data into the Technology, You agree to maintain a backup copy of any data which You input into the platform.
38. To the maximum extent permitted by law, Licence4Me shall have no Liability to You for any loss or corruption of data, or any scheduled or emergency maintenance that causes the platform to be unavailable.

Inviting Private Clients

39. You can invite Your Private Clients to the Technology by entering their contact information directly into the Technology.  The Private Client will then receive an SMS or email inviting them to book in and pay for driving lessons with You, and to create an account in the Technology.  Where You elect to invite your Private Client to the Technology, You warrant:
    1. You have consent from the Private Client to collect and share the Private Client’s personal information with Licence4Me for the purposes of inviting them into the Technology; and
    2. the Private Client has given consent to You for Licence4Me to contact them for the purposes set out in 39.1.
    3. You understand that the Private Client may also use the Technology to find and book with other Driving Instructors for lessons and driving tests.

Driving Instructor’s use of the Driving Instructor Portal

40. When using the Technology, You warrant and agree that:
    1. the Technology is purely a platform for You to manage and receive payment for Your Private Client bookings. Licence4Me is not in any way responsible or involved in the agreement between Your Private Client and You, and it is up to You to manage all bookings, services and cancellations or refunds with the Private Client;
    2. You may have obligations to Your Private Clients under the Australian Consumer Law, and must agree to abide by the Australian Consumer Law at all times.
41. You must ensure that the term and conditions of purchase of driving lessons between You and the Private Client, as stipulated by the Licence4Me Technology, are clear at the time of purchase.  You agree that any terms and conditions You provided to a Private Client do not conflict with the terms and conditions of Licence4Me which the Private Client agreed to by registering with the Technology.

Intellectual Property

42. You agree that Licence4Me owns all Intellectual Property in the Technology.
43. Licence4Me authorises You to use the Intellectual Property in the Technology solely for Your limited commercial use.  You must not exploit any Intellectual Property in the Technology for any other purpose, nor allow, aid or facilitate such use by any third party.  Use of Your account must be limited to You only.
44. You must not, without Licence4Me’s prior written consent:
    1. copy, in whole or in part, any of the Intellectual Property in the Technology;
    2. breach any intellectual property rights connected with the Technology, including (without limitation) altering or modifying any of Licence4Me’s Intellectual Property, causing any of Licence4Me’s Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Licence4Me’s Intellectual Property.

Australian Consumer Law

45. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer You with rights, warranties, guarantees and remedies relating to the provision of the Technology by Licence4Me to You which cannot be excluded, restricted or modified (Consumer Law Rights).
46. If the ACL applies to You as a consumer, nothing in these Terms excludes Your Consumer Law Rights as a consumer under the ACL. You agree that Licence4Me’s Liability for the Technology provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
47. Subject to Your Consumer Law Rights, Licence4Me excludes all express and implied warranties, and all material, work and services are provided to You without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
48. This clause will survive the termination or expiry of this Agreement.

Liability

49. Despite anything to the contrary, and to the maximum extent permitted by law:
    1. You agree to indemnify Licence4Me, and hold Licence4Me harmless, for any Liability Licence4Me incurs due to Driving Instructor’s breach of this Agreement;
    2. neither Party will be responsible for Consequential Loss;
    3. each Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
    4. Licence4Me’s aggregate liability for any Liability arising from or in connection with this Agreement will be limited to Licence4Me resupplying the Technology to You or, in Licence4Me’s sole discretion, to Licence4Me repaying You the amount of the fees paid by You to Licence4Me during the term.
50. This clause will survive termination or expiry of this Agreement.

Confidentiality

51. You are not to use Learner Driver information except for the express purpose of providing driving lessons or driving test bookings.

Indemnity

52. You agree to indemnify and protect Licence4Me against any actions, damages, claims, demands, prosecutions, fines and penalties including through negligence which occur as a result or in relation to Your actions as a Driving Instructor.
53. Clauses 51 and 52 survive termination of the Agreement.

Privacy

54. You and Licence4Me agree to adhere to the Australian Privacy Principles from time to time in force (if applicable).
55. You agree to Licence4Me using Your information and personal data for marketing purposes.
56. You may obtain access to personal information that Licence4Me has on record by sending a request to support@Licence4Me.com.  By entering into this Agreement You acknowledge that You have read the Privacy Policy and agree to the Licence4Me Privacy Policy as amended from time to time.

Intellectual Property

57. You agree that all intellectual property and copyright rights over or in connection with Licence4Me Technology, products and resources are owned by Licence4Me exclusively.

Force Majeure

58. Neither Licence4Me or You are liable to the other or considered to be in default under this Agreement if and to the extent that such party’s performance of this Agreement is delayed or prevented by reason of force majeure, which is defined for this Agreement to mean an event that is beyond the reasonable control of the party affected and occurs without such party’s fault or negligence.

Arbitration

59. If any dispute arises between You and Licence4Me, the following procedures apply –
    1. If the dispute is not resolved within 14 days, the parties agree to refer the matter to a mediator in accordance with the following procedure –
       1. the parties agree to hire a mediator to mediate over the dispute;
       2. the mediation will take place via an agreed video conferencing platform; and
       3. the mediator will follow the mediation procedure set out by the Resolution Institute. A copy of the mediation rules may be accessed at this website: https://www.resolution.institute/documents/item/1897
    2. If the mediation process fails, the parties agree to refer the matter to an arbitrator in accordance with the following procedures –
       1. the arbitration is to be conducted by a single arbitrator who is to be agreed by the parties;
       2. if the parties are unable to agree on the arbitrator within 14 days, the arbitrator is to be appointed by the President of the Institute of Arbitrators Australia;
       3. the arbitration will be conducted in accordance with the Rules of Conduct of commercial arbitrators and any guidelines issued by the Institute of Arbitrators; and
       4. the parties agree that the decision of the arbitrator is binding on the parties.
60. The costs of mediation or arbitration are to be shared equally between the parties.

No Waiver

61. A failure or delay by Licence4Me in exercising a right does not constitute a waiver of Licence4Me’s rights to pursue an action.

No Assignment of Agreement

62. You acknowledge and agree that You are not allowed to sell, assign, sub-lease or transfer this Agreement to anyone else.

Modification of Agreement

63. Licence4Me may change this Agreement from time to time upon written notice to You.
64. Subject to clause 63 -
    1. If You continue to use the Licence4Me website and accept bookings for lessons and / or driving tests from Learner Drivers, such use is considered to accept the new terms as updated from time to time; and
    2. it is Your responsibility to read through the amended terms and conditions as required from time to time.

Notice

65. Notices provided under this Agreement may be provided by –
    1. email;
    2. any other form of electronic communication, including via the Licence4Me website; or
    3. by any other means used on a regular basis by both parties.

Severability

66. This Agreement is to be interpreted in a way that renders the provisions valid and enforceable to the maximum extent possible.

Governing Law

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

Entire Agreement

68. This Agreement represents the entire agreement between the parties, along with any documents referred to herein. This Agreement supersedes any previous understandings or agreements, whether oral or written.

Definitions

Interpretation

SCHEDULE 1 - Licence4Me Payment Policy

The Licence4Me Payment Policy can be accessed at https://app.licence4me.com.au/payment-policy

SCHEDULE 2 - Licence4Me Privacy Policy

The Licence4Me Privacy Policy can be accessed at https://licence4me.com.au/privacy-policy

SCHEDULE 3 – Licence4Me Driving Instructor Code of Conduct

The Licence4Me Driving Instructor Code of Conduct can be accessed at https://app.licence4me.com.au/driving-instructor-code-of-conduct