Terms and conditions
This Agreement governs the relationship between the Customer and SafeDriver Academy. By clicking ‘I agree’, the Customer agrees to be bound by and abide by this Agreement.
1. Defined Terms
Agreement means the Contract Details together with these terms and conditions.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as given effect under Part XI of the Competition and Consumer Act 2010 (Cth), and under the same or similar provisions of the relevant State or Territory’s applicable Act which specifies that the Australian Consumer Law is a law of the relevant jurisdiction, as amended or replaced from time to time.
Commencement Date means the date set out in the Contract Details.
Consumer means a consumer within the meaning of section 3 of the Australian Consumer Law.
Contract Details means the details set out on the cover page and entitled ‘Contract Details’.
Customer means the learner driver who receives the Services from SafeDriver Academy, and if the learner driver is aged 17 years or younger, Customer also includes the parent or guardian of such learner driver and this Agreement binds the parent or guardian and the learner driver jointly and severally.
Fees means the fees set out in the Contract Details.
GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction, and includes the common law and equity as applicable from time to time and any applicable industry codes of conduct.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Services means the services set out in the Contract Details.
Term means the term set out in the Contract Details.
This Agreement commences on the Commencement Date and continues for the Term.
- SafeDriver Academy agrees to provide the Services to the Customer in consideration for the Customer paying the Fees, in accordance with this Agreement.
- SafeDriver Academy will use reasonable endeavours to complete the Services:
- to the professional standard of skill and care to be reasonably expected from a person engaged in providing the type of services similar to the Services;
- in accordance with all Laws and requirements of any government or government agency; and
- with all relevant permits, licences and approvals required.
- SafeDriver Academy and the Customer will agree from time to time, the time and place for the performance of the Services, subject to the availability of the SafeDriver Academy driving instructors.
- On-road lessons commence and end at the pre-determined pick-up point, determined at the time of booking the lesson. The duration of a standard on-road lesson is 1.5 hours, including lesson briefing and de-briefing.
- In the interests of safety, the instructor may assess the Customer’s driving skills and competence at any time throughout a driving lesson. If at any time the Customer is assessed as unfit or unsafe to drive, the instructor may discontinue the lesson immediately and assume control of the vehicle.
- SafeDriver Academy may subcontract one or more aspects of the Services at its sole discretion.
- SafeDriver Academy warrants that all subcontractors engaged by it will be qualified, trained and adequately experienced to perform the duties allocated to them.
- SafeDriver Academy remains responsible for all Services, obligations and functions performed by any subcontractor to the same extent as if those obligations, services and functions were performed by SafeDriver Academy.
5. Customer Obligations
- The Customer acknowledges and agrees that to undertake a driving lesson with SafeDriver Academy, the Customer must:
- hold a current, valid driving licence, being a learner, provisional, full or (approved) international licence, that legally allows them to drive in the relevant state or territory in which they are undertaking the driving lesson and carry it at all times during a lesson;
- be fit to drive and not be under the influence of alcohol or drugs (prescribed or otherwise);
- reasonably comply with road rules, licence restrictions, and any driving instructions given by the SafeDriver Academy driving instructor;wear appropriate footwear; and
- switch off or silence their phones during the driving lesson.
- The Customer must:
- arrive punctually at the scheduled driving lesson. If the Customer does not arrive at the agreed time for the lesson, the instructor will wait 15 minutes and may at the instructor’s reasonable discretion deduct this from the total lesson time. If the Customer arrives more than 15 minutes late, the instructor may in their reasonable discretion choose not to proceed with the lesson and the Customer will be liable for the cost of the lesson;
- act safely at all times so as not to put people or property at risk; and
- be respectful with SafeDriver Academy instructors at all times.
- SafeDriver Academy may discontinue a lesson if:
- the Customer wishes to drive in their own vehicle and the instructor assesses the Customer’s vehicle as not roadworthy under clause 6(a);
- the Customer engages in any behaviour that the instructor determines is reckless;
- the Customer fails to comply with the instructions or directions of the SafeDriver Academy instructor;the Customer fails to comply with any special conditions on their licence (e.g. wearing of glasses/contacts); or
- the instructor has assessed the Customer’s driving skills and competence and deems the Customer to be unfit or unsafe to drive.
In the event that a lesson is discontinued under this clause 5(c), the Customer will be required to pay the full cost of that lesson.
- The Customer acknowledges and agrees that the Customer has read and understood the following documents:
- any other documents as reasonably notified and provided by SafeDriver Academy from time to time.
- Use Of Own Vehicle
If the Customer wishes to drive in their own vehicle, the instructor will first assess whether the vehicle appears roadworthy (only a basic external inspection will be carried out) and the following requirements must be met in relation to the Customer’s vehicle:
- the registration of the vehicle is valid, current and can be validated;
- the Customer holds current compulsory third party insurance and comprehensive insurance cover for the vehicle;
- the Customer has notified their insurance company in writing (prior to the first driving lesson in the vehicle) that the vehicle will be used by an instructor to provide driving lessons;
- the tyres are correctly inflated (air pressures must reflect the manufacturer’s recommendation as a minimum), have appropriate levels of tread and are not damaged;
- all indicators and brake lights are working;
- seats and seat belts are in good working order and are not damaged or twisted;
- any loose items in the cabin of the vehicle are stowed in the cargo (boot) area;
- the windows and interior are clean;
- the windscreen is not cracked and shows no signs of damage; and
- the vehicle has sufficient petrol to last the course of the lesson (minimum a quarter of a tank).
If a driving lesson takes place in the Customer’s own vehicle, the Customer warrants that such vehicle meets the requirements set out in clause 6(a) and is covered by compulsory third party insurance and comprehensive insurance.
- Instructor Supplied Vehicle
On-road driving lessons are provided in manual or automatic transmission vehicles.
- In consideration of the provision of the Services, the Customer must pay SafeDriver Academy the Fees in advance for each driving lesson using a payment method accepted by SafeDriver Academy from time to time, and otherwise in accordance with any SafeDriver Academy payment policy published on the SafeDriver Academy website.
- When the Customer pays Fees in advance for the Services that constitute more than one driving lesson, credit will be issued to that Customer for the value paid and unused. Such credit will be held on account by SafeDriver Academy. Credits issued under this clause 7:
- are non-transferrable, and may not be assigned to or used by any other person other than the Customer; and
- must be used within 36 months of the date of the Customer making payment, after which time it will expire and be forfeited to SafeDriver Academy.
- The Fees are inclusive of all charges, expenses and overheads, and all taxes and duties, except for GST.
- SafeDriver Academy can refuse a payment if it believes that:
- the credit or debit card holder did not authorise a transaction; or
- a transaction is considered fraudulent or suspicious.
- SafeDriver Academy may alter its Fees from time to time at its sole discretion provided that:
- (i) any change in Fees is made reasonably in accordance with any SafeDriver Academy payment policy published on the SafeDriver Academy website; and
- (ii) any payment made or credits issued prior to the change in Fees remain unaffected by the change in Fees.
- The Customer warrants that they are authorised and able to make payment in the manner selected by the Customer. The Customer also warrants that all information given by the Customer to SafeDriver Academy through any booking channel (including name, contact and address details) is correct.
In this clause 8, words and expressions which have a defined meaning in GST Law have the same meaning as in the GST Law.
- GST exclusive
- Unless expressly stated, all moneys or other sums payable or consideration to be provided under this Agreement are exclusive of GST.
- If GST is payable on any supply made under this Agreement, the recipient will pay to the supplier an amount equal to the GST payable on the supply at the same time that the consideration for the supply is to be provided under this Agreement.
- Tax invoice
The supplier will provide a tax invoice in accordance with the GST Law.
- Adjustment event
If an adjustment event arises in respect of a taxable supply made by a supplier under this Agreement, the amount payable by the recipient under clause 8(b)(ii) will be recalculated to reflect the adjustment event and a payment will be made by the recipient to the supplier or by the supplier to the recipient as the case requires.
Where a party is required under this Agreement to pay or reimburse an expense or outgoing of another party, the amount to be paid or reimbursed by the first party will be the sum of:
- the amount of the expense or outgoing less any input tax credits in respect of the expense or outgoing to which the other party, or to which the representative member for a GST group of which the other party is a member, is entitled; and
- if the payment or reimbursement is subject to GST, an amount equal to that GST.
9. Cancellation, refund and rescheduling
- If the Customer cancels or reschedules a lesson:
- more than 5 hours before a lesson is scheduled to take place, the Customer will be issued a credit by SafeDriver Academy for 100% the value of the lesson fee; or
- 5 hours or less before a lesson is scheduled to take place, or does not attend a lesson, then the lesson will be taken to have proceeded, full Fees will be charged and the Customer’s credits will be forfeited accordingly.
- SafeDriver Academy reserves the right to reschedule a lesson subject to the provision of reasonable notice. Further, pursuant to clause 3(e), if at any time the Customer is assessed as unfit or unsafe to drive, the instructor may discontinue the lesson immediately and assume control of the vehicle.
10. Intellectual Property Rights
The Customer agrees that as between the Customer and SafeDriver Academy, all intellectual property rights over or in connection with SafeDriver Academy Services, products and resources (together, Materials) are owned by and remain vested in SafeDriver Academy, and any adaptation, translation or derivative of such Materials vests in, or is transferred or assigned to, SafeDriver Academy immediately on creation.
- SafeDriver Academy will collect and handle the Customer’s Personal Information in accordance with:
- the Privacy Act 1988 (Cth) and all other applicable privacy and data protection laws; and
- The Customer consents to SafeDriver Academy using and disclosing the Personal Information of the Customer including for:
- discharging its obligations under this Agreement including to provide driving lessons and assess the Customer’s driving skills;
- reporting and legal requirements, including internal administration, operations, accounting, risk management, record keeping, archiving, systems development and testing, and other management requirements;
- insurance purposes;
- any purpose that is reasonably necessary in the circumstances.
12. Liability and Indemnity
12.1 No exclusion or limitation
- To the extent that the Customer acquires goods or services from SafeDriver Academy as a Consumer, the Customer may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
- Nothing in this clause 12 operates to exclude, restrict or modify the application of any implied condition, guarantee or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:
- contravene that statute; or
- cause any term of this Agreement to be void,
12.2 Acknowledgement and assumption of risk
- The Customer acknowledges, agrees and understands that participation, including passive participation, in the Services contains an element of risk of injury, including but not limited to death, spinal injury and psychiatric injury.
- The Customer acknowledges, agrees and understands that a failure or refusal to follow an instruction or direction of the instructor before, during or after a lesson may expose them to a risk of injury, including but not limited to risks that are not within the control of SafeDriver Academy.
- The Customer agrees to participate in the Services voluntarily of their own free will and to the extent possible at law, at their own risk.
12.3 Exclusion of implied obligations
Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on SafeDriver Academy are expressly excluded under this Agreement.
12.4 Limitation of liability
- Except in relation to Non-excludable Obligations, the liability of SafeDriver Academy and its officers, employees, franchisees, agents, contractors, service providers, successors or assigns, to the Customer, arising directly or indirectly under or in connection with this Agreement or the performance or non performance of this Agreement, and whether arising under any contract, indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity whatsoever, is limited as follows:
- liability is excluded for any loss, harm, damage, cost or expense (including legal fees) in the nature of property damage, special, indirect or consequential loss or damage (including, without limitation, economic loss, loss of contract, loss of profit or revenue, loss of use or loss of opportunity);
- to the extent permitted by law, liability is excluded for any loss or damage, including but not limited to injury, illness or death suffered by the Customer in connection with the Services;
- to the extent permitted by law, liability is excluded for any loss or damage, including but not limited to injury, illness or death attributable in any way to:
- the Customer’s participation in a lesson;
- the Customer’s failure or refusal to follow an instruction or direction of the instructor before or during a lesson;
- the Customer being assessed by an instructor as an unfit or unsafe driver;
- the discontinuance of a lesson as set out in clause 3(e) or 5(c);
- the Customer continuing to drive after they have been assessed as unfit or unsafe to drive by the instructor; or
- the Customer’s vehicle being unsafe to drive and/or un-roadworthy; and
- the aggregate liability of SafeDriver Academy to the Customer is otherwise limited to an amount not exceeding the consideration paid by the Customer under this Agreement.
- Neither SafeDriver Academy nor its driving instructors accept any liability whatsoever for personal property that is left in any instructor supplied vehicle, driving simulator, the Customer’s vehicle or on SafeDriver Academy premises.
- SafeDriver Academy does not accept any responsibility whatsoever for the outcome of any driving test or assessments the Customer takes.
The Customer indemnifies and agrees to keep SafeDriver Academy and its officers, employees, contractors, franchisees and agents indemnified against any loss, damage, liability, costs on an indemnity basis and expenses in connection with:
- the Customer’s breach of this Agreement, including, but not limited to, a breach in respect of which SafeDriver Academy exercises an express right to terminate this Agreement; or
- any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Customer,
except to the extent that an act or omission of SafeDriver Academy or its officers, employees, contractors, franchisees or agents contributed to such loss, damage, liability, cost or expense.
13. Dispute resolution
- SafeDriver Academy and the Customer must attempt to resolve any dispute, difference of opinion or question arising out of this Agreement by engaging in good faith negotiations.
- No dispute may be referred to litigation before negotiations in accordance with clause 13(a) take place, however, nothing in this clause limits either party from seeking urgent interlocutory relief.
14. Force majeure
- SafeDriver Academy is not liable for any failure to perform or delay in performing its obligations under this Agreement if that failure or delay is due to anything beyond its reasonable control. If that failure or delay exceeds 60 days, the Customer may terminate this Agreement with immediate effect by giving notice to SafeDriver Academy.
- If the Agreement is terminated in accordance with this clause 14 by the Customer, any Fees paid in advance and unused by the Customer will be refunded by SafeDriver Academy in full.
- Either party may terminate this Agreement with immediate effect by giving notice to the other party.
- If at the time of termination, the Customer has already paid Fees for a lesson which the Customer has not used, if such termination takes effect:
- more than 5 hours before the lesson is scheduled to take place, those Fees will be refunded to the Customer by SafeDriver Academy in full; or
- 5 hours or less before the lesson is scheduled to take place, the Fees for that lesson will be forfeited.
- Termination of this Agreement under this clause does not affect any accrued rights or remedies of either party.
- This Agreement may be altered only in writing signed by each party.
- Nothing in this Agreement creates or implies an obligation of exclusivity on either party.
- This Agreement does not create a relationship of employment, trust, agency or partnership between the parties.
- The Customer must not assign or otherwise transfer any right or obligation under this Agreement without prior written consent of SafeDriver Academy.
- SafeDriver Academy may assign or otherwise transfer any or all of its rights and obligations under this Agreement by giving written notice to the Customer.
- If any provision of the Agreement is held to be invalid or unenforceable in whole or in part, the validity of other provisions of the Agreement and the remainder of the provision in question will not be affected.
- This Agreement is governed by and to be construed in accordance with the laws of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
- This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
- Any term by its nature intended to survive termination of this Agreement survives termination of this Agreement, including clauses 10, 11, 12, 13, 15 and this clause 16.