Terms and Conditions of Use

By registering and using the Licence4Me Group Solutions Portal (‘Technology’) you are entering into an agreement with Licence4Me Pty Ltd and agreeing to be bound by the following terms and conditions:

Definitions

1. In these Terms and Conditions: "You" is the person using Licence4Me Technology to help another person or group of persons (also referred to as a Learner) to get their driver licence.

Term of Agreement

2. This Agreement between You and Licence4Me commences on the day You accept this Agreement digitally and terminates when an Event of Termination takes place.

Permission to Act on Behalf of a Learner

3. You warrant and agree that You have received express, prior permission from any and all Learner’s to enter their details into the Technology in order to invite such learners to have their licensure journey managed by you via the Technology.

Permit to Drive

4. Before You book a driving lesson or driving test booking for a learner with a driving instructor, You have ensured that the learner holds a current and valid Learner Driving Permit, or any other driver’s licence type that legally allows the learner to drive in the state or territory in which they will be undertaking driving lessons with a Driving Instructor.

Relationship of the Parties

5. You acknowledge and agree that –
   1. when making a booking for a learner or providing an authorisation to a Driving Instructor, You are directly engaging a Driving Instructor, who is at all times acting as an independent contractor to schedule, arrange and provide driving lessons to a learner;
   2. the Technology, provides a conduit between Driving Instructors and Learners;
   3. any agreement to for a Driving Instructor to undertake driving lessons or drive tests for a Learner is between You and the independent Driving Instructor, to which Licence4Me is not a party;
   4. the Driving Instructor is independent of Licence4Me and is not an agent, employee, contractor or subcontractor of Licence4Me, and Licence4Me is not liable or responsible for the conduct, acts or omissions of the Driving Instructors;
   5. Licence4Me does not itself check or carry out searches or due diligence on Driving Instructors. You are always responsible for and obliged to take all reasonable precautions in relation to the safety and security of the Learner 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 consequence of Your booking of a Learner to receive a lesson or drive test with a Driving Instructor; and
   6. Licence4Me provides information regarding the next step in the Learner’s journey towards an Australian driver licence, to help make it easy for the Learner to find and understand this information. You are always responsible for checking the accuracy of the information, which may change from time to time without the knowledge of Licence4Me and without notification to You.  Licence4Me is not responsible or liable for any physical, mental or emotional loss, claim, harm or damage suffered by You or by the Learner as a result or in connection with, or consequence of Your reliance or the Learner’s reliance on the information provided with regard to the next step in the Learner’s journey or resources, forms and links to support the Learner’s licensure.

Description of Services

6. You agree that You may use the Technology in a variety of ways, including but not limited to –
   1. inviting a Learner to register with Licence4Me and provide you with permission to manage their journey to licensure;
   2. Inviting a group of Learners to register with Licence4Me and provide you with permission to manage their journey to licensure, by uploading a CSV file containing Learner details;
   3. discovering a Learner’s next step towards gaining their driver licence; and
   4. browsing a selection of Driving Instructors on the Licence4Me Technology; and
   5. booking a Driving Instructor to provide a lesson or driving test for a Learner; and
   6. managing and sending notifications and reminders to be received by a Learner regarding the next step in their journey towards achieving an Australian driver licence.

7. You can compare Driving Instructors by, including but not limited to –
   1. experience;
   2. vehicle details;
   3. availability;
   4. ratings; and
   5. location.

8. You can book a lesson, a package of lessons, or book for a Learner to be accompanied on a driving test, with a Driving Instructor and pay for such booking using the Technology.
9. You can authorise a Driving Instructor to book a lesson, a package of lessons, or a driving test for a Learner, by providing payment details to be applied to such bookings after they have been made by the Driving Instructor for the specified Learner.
10. Licence4Me may add new products, change existing products or remove products from the Technology as required from time to time.

Agreement

11. You warrant and agree that you have read and understood and consent to be bound by these Terms and Conditions.
12. If you are the parent or guardian, agent or service provider, or person acting on behalf of a Learner Driver aged 17 years or younger, you are the financial guarantor of the Learner Driver for their liabilities and obligations as set out in this Agreement and this Agreement binds you and the Learner Driver jointly and severally.

Group Solutions Manager’s Use of the Technology

13. You agree to the following conditions –
    1. to use Your own username and password, and not to ‘borrow’ another user’s details, to access and use the Technology;
    2. to not to divulge Your username or password to any one or allow others to use it on Your behalf;
    3. to only use the Technology for its intended purpose to help you manage Learners on their journey to achieving a driver licence and find Driving Instructors, and in particular You agree that Licence4Me is –
       1. a third party provider and acts as a matching service between Driving Instructors and Learners; and
       2. not responsible for the accuracy of a Driving Instructor’s information displayed within the Technology; and
       3. not responsible for the accuracy of a information regarding next step in the journey towards a Learner gaining their driver licence, displayed within the Technology; and
       4. not responsible for the transfer of funds from Your credit card to a Driving Instructor.
    4. that information You have provided is current, true and correct;
    5. to amend Your details as soon as Your circumstances change;
    6. not to use the Technology except for as provided for in this Agreement, including not to disseminate hate speech or similar views or any other illegal activities or purposes;
    7. not to use defamatory, abusive or indecent language in any communication with a Driving Instructor or Learner;
    8. not to use the Technology to access other accounts, data or information from other users of the Technology;
    9. not to use the Technology to promote any third parties or other commercial interests; and
    10. to keep Learner Drivers' data secure;
    11. not to use the Technology to promote any third parties
    12. not to interrupt the operation or programming structure of the Technology, or attempt or encourage anyone else to do so.

Warranty

14. Licence4Me agrees that its Technology and other related products and services comes with guarantees under the Australian Consumer Law that cannot be excluded under this Agreement. For more information, please visit https://www.accc.gov.au/consumers.
15. Licence4Me guarantees that its services to You will be rendered with due care and skill, be fit for purpose, and be supplied within a reasonable time.
16. You acknowledge and accept that the services of Licence4Me are strictly limited to those set out in clauses 6 - 10 (inclusive).
17. To the maximum extent permitted by law, Licence4Me’s liability to You for a breach of clauses 15 and 16 is limited at the absolute discretion of Licence4Me to –
    1. the re-supply of its services, or
    2. payment of the cost of having those services supplied again.

Fidelity

18. You agree not to do any acts or omit to do things that damages or may damage the reputation of Licence4Me.

Driving Lessons

19. You agree to comply with the following rules, which include but are not limited to –
    1. acting safely, being aware of risks, and not putting people or property in danger (including motor vehicles);
    2. being respectful to Learners, Driving Instructors and Licence4Me staff;
    3. not offering money, tips, or other types of bribes to Driving Instructors;
    4. not encouraging a Driving Instructor, or accepting an offer by a Driving Instructor, to personally undertake driving lessons with that Driving Instructor outside of, or separate from, the Technology;
    5. taking reasonable steps to mitigate loss; and
    6. indemnifying Licence4Me against loss (pursuant to clauses 43 and 44).

Tax Compliance

20. You agree to pay any applicable taxes when transacting through the Technology.

Learner Driver Payment Terms

21. You acknowledge and agree that –
    1. You are liable to pay for driving lessons and driving test bookings that you purchase on behalf of a Learner, and payment will be processed immediately when a lesson is booked or on the day of the lesson or driving test; and
    2. when You enter Your credit or debit card details, You are authorised to use that card for the transaction.
22. When You pay for a lesson, pack of lessons, or driving test booking, payment for the value of each lesson or booking will be paid directly to the selected Driving Instructor. Payments to Driving Instructors –
    1. are non-refundable, non-transferrable, and may not be assigned to or used by any other person.
23. Licence4Me can refuse to instruct Stripe to collect payment for a lesson or driving test booking if it believes that –
    1. the credit or debit card holder did not authorise a transaction;
    2. a transaction is considered fraudulent or suspicious; or
    3. in any other circumstances as determined at the sole discretion of Licence4Me.
24. You agree that Driving Instructors, and not Licence4Me, bear all risks associated with any fraudulent or unauthorised payments made by You.
25. You also agree to the current Stripe payment terms and conditions which can be accessed at https://stripe.com/au/legal

Promotions by third parties

26. You agree that Licence4Me may issue reward cards, gift cards, vouchers, coupons or promotional cards in connection with third party offers or services to You or the Learners whom you invite to the Technology, from time to time, at the sole discretion of Licence4Me.
27. It is the Learner’s sole responsibility to read and understand the relevant terms and conditions of the provider (which may not be Licence4Me) of the promotions or offers referred to in clause 26

Policies

28. You warrant that you have read and understood the following documents:
    1. the Licence4Me Privacy Policy; and
    2. the Licence4Me Payment Policy; and
    3. any other documents as reasonably required by Licence4Me from time to time.

Lesson Cancellation

29. If You cancel or reschedule a booking made for a Learner more than 24 hours before a lesson, You will not be charged for the lesson or driving test fee.
30. If You cancel or reschedule 24 hours or less before the lesson is due to start, or in the case where the Learner ‘did not attend’ a booking, then –
    1. The Driving Instructor will be entitled to charge You for the total price of that lesson; and
    2. You acknowledge and agree that the fee for cancellation or non-attendance referred to in clause 30 a, being the total price of the lesson, is not excessive and relates to the reasonable costs and expenses incurred by the Driving Instructor.

Lesson Cancellation/Reschedule by Driving Instructor

31. If a Driving Instructor cancels or reschedules a lesson or drive test booking more than 24 hours before the booking is scheduled to occur for the Learner, then –
    1. You will not be charged for the lesson or drive test; and
    2. You will be responsible for booking an alternate Driving Instructor or agreeing on a different date and time for the booking with the Learner and the Driving Instructor; and
    3. Licence4Me is not responsible or liable for any physical, mental or emotional loss, claim, harm or damage suffered by You or the Learner as a result or in connection with, or consequence of the cancellation or rescheduling by the Driving Instructor.

Learner Notifications

32. You agree that if you receive a request from a Learner to stop the sending of notifications from Licence4Me that you will promptly, and in all cases within 48 business hours, modify the notification setting for the Learner.

Costs

33. You acknowledge that Licence4Me does not set the fees for lessons and driving tests, as these are set by each Driving Instructor and paid in full to the Driving Instructor.
34. You acknowledge that Driving Instructors may change their lesson or driving test fees, from time to time and at their sole discretion. The price You are charged for a lesson or drive test will be the fee advertised by the Driving Instructor at the time when you book the lesson or drive test.

Subscription

35. In return for Licence4Me providing You with the Technology, 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.
36. The monthly subscription will give you the ability to have a certain number of active Learners being managed by you through your account. If you require additional active Learners, you will need to purchase an additional quantity. 
37. You agree not to manipulate the number of active Learners in your account in an attempt to reduce your subscription cost.
38. Licence4Me reserves the right to increase or decrease the subscription fee described in clause 35 at any time, by giving You 30 days notice in writing.

Events of Termination

39. You agree that Licence4Me may restrict, suspend or cancel your account in the Licence4Me Technology immediately after providing Written Notice in a number of circumstances which include but are not limited to:
    1. where You breach this Agreement;
    2. where You have broken the law, including if You have been charged with or convicted of a criminal offence;
    3. in any other circumstances as determined at the sole discretion of Licence4Me.
40. You agree that if you fail to perform your obligations under this Agreement and do not rectify the fault within 14 days after being provided notice of such breaches, Licence4Me may restrict, suspend or cancel Your account on the Licence4Me Technology by giving You Written Notice.
41. You agree that you may terminate this Agreement by closing Your account on the Licence4Me Technology at any time.

MISCELLANEOUS

Confidentiality

42. You agree that You are not to use Driving Instructor or Learner information except for the express purpose of undertaking or organising driving lessons or drive tests.

Indemnity

43. You agree to indemnify and protect Licence4Me against any actions, damages, claims, or demands including through negligence which occur as a result or in relation to Your actions or omissions.
44. These clauses 43 and 44 survive the termination of this Agreement.

Privacy

45. Licence4Me agrees to adhere to the Australian Privacy Principles from time to time in force (if applicable) and that the Licence4Me Privacy Policy forms part of this Agreement.
46. You agree that Licence4Me may collect and use Your information and personal data for marketing purposes and for the provision of services through or by the Technology.
47. You agree that Licence4Me may collect Your name, location and address, contact details, age, gender, and financial information.
48. You agree that Licence4Me and the Technology may provide Learner personal information to Driving Instructors for the purpose of fulfilling lessons and driving test bookings which were either arranged by You, or arranged by a Driving Instructor as authorised by You.
49. You agree and understand that You may obtain access to personal information that Licence4Me has on record by sending a request to support@licence4me.com. You agree and acknowledge that You have read the Privacy Policy and accept its terms including any subsequent additions or variations to this policy which Licence4Me may make from time to time.

Intellectual Property

50. You agree that all intellectual property and copyright rights over or in connection with the Technology, including information and resources, are owned by Licence4Me exclusively.

Force Majeure

51. You and Licence4Me agree that neither Licence4Me nor 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 these Term and Conditions 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

52. You and Licence4Me agree that if any dispute arises between You and Licence4Me, the dispute can be managed in ways that include but are not limited to –
    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. to hire a mediator to mediate over the dispute;
       2. the mediation can take place via Skype; and
       3. the mediator agrees to 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 can be conducted by a single arbitrator 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;
       4. the parties agree that the decision of the arbitrator is binding on the parties; and
    3. the parties agree to share the costs of a mediation or arbitration.

No Waiver

53. The parties agree that 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

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

Modification of Agreement

55. You agree that Licence4Me may change this Agreement from time to time with notice to you according to clause 56 below, such that:
    1. if You continues to use the Technology You are considered to have accepted 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

56. You and Licence4Me agree that any Notices provided under this Agreement may be provided by:
    1. Email or SMS;
    2. any other form of electronic communication, including via the Technology; or
    3. by any other means used on a regular basis by both You and Licence4Me.

Severability

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

Governing Law

58. This Agreement are governed by the laws of Victoria. You and Licence4Me submit to the non-exclusive jurisdiction of the courts in that State.

Entire Agreement

59. This Agreement represents the entire agreement between You and Licence4Me, along with any documents referred to herein, and supersedes any previous understandings or agreements, whether oral or written.

Definitions

60. The following words carry the following meanings:

Interpretation