Terms of Service


By using this website ("Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service") with Learn Drive Survive Driving School - ABN 26 458 951 402.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Learn Drive Survive Driving School reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. This page contains the most current version of the Terms of Service.

Violation of any of the terms below will result in the termination of your Account. While Learn Drive Survive Driving School prohibits such conduct, you understand and agree that to use the Service at your own risk.

Terms and Conditions

In these terms and conditions, “we” “us” and “our” refers to the owner of the website learndrivesurvivecom.au – ABN No. 26 458 951 402.

Please read the Terms and Conditions agreement carefully before accessing or using the information and services available through the Learn Drive Survive(“Site”). By using this website, you agree to abide by the terms and conditions set out in this Agreement. If you do not agree to abide by these terms and conditions do not use this website.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We therefore recommend that you peruse and familiarise yourself with the terms and conditions contained within learndrivesurvive.com.au.

GENERAL CONDITIONS

The use of this website is subject to the following terms of use:

In no event shall we be liable for any direct, indirect, incidental, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, lost opportunities, arising out of or in any way connected with the use or performance of our services. Under no circumstances will Learn Drive Survive be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, incorrect email addresses, internet failures, computer equipment failures, other equipment failures, or non-performance of third parties.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Learn Drive Survive contains material which is owned by or licensed to us. Any such material includes, but is not limited to, design, layout, graphics or overall appearance. Any reproduction of the content contained within Learn Drive Survive is prohibited under Copyright legislation or unless otherwise indicated and that you agree not to infringe any intellectual property rights owned by Learn Drive Survive.

Any reproduction or redistribution of any of the contents in any such form is prohibited however, other than the following:

  • Print and download for non-commercial but for personal use only,
  • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
  • You are prohibited to reproduce, distribute, or commercially exploit any of the content unless you have received our express written authorisation to do so.
  • You are prohibited from transmitting or storing the content onto other website or other forms of digital retrieval systems apart from learndrivesurvive.com.au

Any products or services purchased from Learn Drive Survive will only be commenced upon receipt of payment has been received and all appropriate information and material has been received from the customer.

Learn Drive Survive regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all Learn Drive Survive users, and conforms to Internet privacy standards. If you have questions or concerns regarding this statement, you should first contact us at enquiries@learndrivesurvive.com.au.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

VEHICLE LIABILITY

If you decide to use a vehicle from us for the driving test with a Roads and Maritime testing officer and the driving instructor is not present in the vehicle during the practical driving test, or if the instructor is present and you fail to follow the directions provided by the instructor during the lesson, you will be responsible for the lower of the cost of repairs relating to damage caused or the insurance excess applicable, should the vehicle be damaged for whatever reason.  If for any reason, your actions, whether they are intentional, reckless or careless, cause any damage to vehicles or property of Learn Drive Survive or the property of another, you will be liable for the cost of repairs relating to damage caused or the insurance excess applicable.

If you use our vehicle for any driving lesson under the supervision of the driving instructor, you will only be responsible for the lower costs of the repairs relating to damage caused or the insurance excess applicable, if you fail to follow the directions given by the driving instructor during that lesson.

If you breach any road rules during the course of your lesson, you will be responsible for traffic infringement notices arising while driving our vehicle.

BOOKING DRIVING LESSONS

Any payments for driving lessons can be paid in cash at the lesson, bank transfer, or by credit card payment when booking online through Learn Drive Survive.  Driving lessons can also be booked by contacting us on 1300 898 969.  Bookings made directly with a driving instructor will not take effect until such time as you receive a CONFIRMATION email or text message confirming your booking has been made.  For the duration of a driving lesson, you agree that the lesson involves both on-road and off-road time to allow for instructors to provide you with certain information specific to that lesson and included briefing and de-briefing time.

Lessons start at a pre-arranged pick-up destination unless prior arrangements have been made and agreed with the driving instructor.

LICENCE STATUS

You agree that at the time of booking and/or commencing a driving lesson with Learn Drive Survive, that you do not  have a disqualification, cancellation, suspension or pending charge against you in NSW or elsewhere or your licence is subject to an appeal for driving offences. You agree that at the time of booking and/or commencing a driving lesson, your drivers licence is current. 

CANCELLATIONS / CHANGE OF BOOKING

A minimum of 24 hours’ notice is required should you need to cancel or alter your scheduled lesson/booking.

We understand that from time to time that students may need to reschedule or cancel a driving lesson.  When you book a lesson with Learn Drive Survive, you are securing a professional trainers time and being allocated a specific time and date for your lesson. This ensures their resources are allocated solely to you for that time and date.  This applies only for the duration of your  driving lesson booking, and as a result there are associated costs with reserving you the trainer and these resources.

When a student books a driving lesson, we need to allocate a vehicle and driving instructor’s time, meaning no further bookings can be made for that specified time and date and excludes all other students. By cancelling a driving lesson late, your driving instructor is unable to work therefore unable to re-schedule another potential student.  Cancellations can be made via telephone, text message, email or through Facebook messenger.

If you decide to cancel your driving lesson within 24 hours, or simply are not available on the day of your lesson,  unfortunately, you are liable for the total cost of your lesson.  We trust you appreciate the need to maintain your booked lesson and provide a minimum of 24 hours’ notice so we can attempt to re-book your lesson time.

If a student fails to have their current drivers licence on them, the full lesson fee will be charged and payable for the lesson.

LATE AND/OR NO-SHOW

If for any reason you are late for a driving lesson, you will only be permitted to use the remaining Lesson time if there is a scheduled lesson immediately after.  Please Note: You will be charged for the full lesson cost regardless of the remaining time used.

If you are more than 20 minutes late for a scheduled driving lesson and you have made no attempts to notify us, we reserve the right to cancel that lesson and charge a full lesson cost.  The same will occur if you do not attend your scheduled lesson.  We reserve the right to cancel the lesson and charge you for a full lesson fee.

You can be assured our commitment to you is to provide a clean modern vehicle and a professional trainer to turn up on time on your allocated lesson day and time. If we are running late by more than 5 minutes because of traffic delays, we will contact you. We require no less than 24hrs notice for any cancellations or change of booking as this may have incurred a loss or potential loss of another booking for that specified time.

If you decide to cancel your lesson, you must contact Learn. Drive. Survive on 1300 868 969 within 24 hours or email us at enquiries@learndrivesurvive.com.au.

CANCELLATION OF LESSONS BY LEARN DRIVE SURVIVE

All of our driving instructors will do everything possible to ensure that your driving lessons start and finish on time. If for any reason, your driving instructor is running behind schedule, you will be notified. If your driving instructor is late to a lesson, every effort to extend the lesson will be made otherwise a time credit will be added to your next driving lesson.

Learn Drive Survive reserve the right to cancel, postpone or change driving lesson lengths and start/finish times under certain circumstances (e.g., your driving instructor is sick, dangerous weather conditions, etc). In the event of postponement or re-scheduling of your lesson, any fees paid will be carried forward to the next driving lesson or refunded upon your request.

The driving instructor reserves the right to cancel a lesson immediately if the driving instructor suspects on reasonable grounds that the student is under the influence of any substance or any other condition that impairs their ability to drive safely. The driving instructor also reserves the right to cancel a lesson if the student does not follow the driving instructors instructions or drives recklessly or negligently or does anything which is unsafe or dangerous and there is an obvious danger to other road users and/or the public.

In such circumstances, the lesson fee is still payable.

FREE KEYS2DRIVE LESSON

Registration or booking of your free keys2drive lesson is subject to the terms, conditions and disclaimers provided in these terms and conditions. By going ahead and utilising the services of Learn Drive Survive, you agree to be bound by these terms and conditions.

  1. You agree that at the time of booking or going ahead with a keys2drive lesson with Learn Drive Survive, that you have NOT already registered and used this lesson with another driving school or instructor;
  2. You agree to provide current, accurate and up-to-date information about yourself and that of your current drivers licence status.
  3. You agree that if you knowingly, at the time of the booking and/or upon completion of your free keys2drive lesson, have already used your free keys2drive lesson, you will remain liable for the service that has taken place and will be invoiced accordingly for the cost of a one (1) hour driving lesson with Learn Drive Survive.
  4. You understand that if you refuse to pay any monies for any services provided by Learn Drive Survive, legal action will be commenced to recover any monies owed in the NSW small claims division of the Local Court.

Account Terms

  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by you or your family members. There are no restrictions on the number of logins you can create.
  • You are responsible for maintaining the security of your account and password. Learn Drive Survive Driving School cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all activity that occurs from your account.
  • You agree that Learn Drive Survive Driving School can send you booking reminders, relevant information and other marketing via phone, SMS and/or email. You can opt out of any marketing.
  • You must not use the Service for any illegal or unauthorised purpose. You must not use this Service to violate any laws in your jurisdiction, including but not limited to copyright laws.
  • You must not post or submit false information to the Service.
  • In its sole discretion, Learn Drive Survive Driving School has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Learn Drive Survive Driving School service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account, or denial of access to your Account. Learn Drive Survive Driving School reserves the right to refuse service to anyone, for any reason, at any time.

Fees

  • Credit card security is implemented using secure SSL encryption on all transactions and may be stored at a secure, trusted, PCI compliant payment gateway and used by Learn Drive Survive Driving School for payment processing.
  • All fees and transactions are in Australian Dollars and are inclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties."

Cancellation Rates

Cancellation of a booking will incur the following charges:
  • Cancellations of less than 12 hours before the booking will forfeit the full booking fee.
  • Cancellations of less than 24 hours before the booking will forfeit the full booking fee.
  • Cancellations of less than 48 hours before the booking will not incur any penalty.
  • Cancellations of 48 hours or more before the booking will not incur any penalty.
 

Refund Policy

REFUND POLICY

All prepaid services and/or products are valid for a 36 month period.  We make every effort to ensure suitable lesson times available however, during peak seasons i.e. Christmas and School Holidays, some delay with lesson times may be present. Request for refund is available where packaged lesson times cannot be met within reason. Refund amount is the original package price less any services provided (at full hourly rate) and less 25% of the remaining balance amount to cover all administration costs.


Modifications to Services and Prices

  • Learn Drive Survive Driving School reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services are subject to change with or without notice.
  • Learn Drive Survive Driving School shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Prepaid

  • Unused prepaid can be transferred between clients.
  • Purchases containing multiple prepaid can be gifted to any number of people at the time of purchase.
  • Prepaid are valid for 36 months from the date of purchase.

General Conditions

  • Your use of this website is at your sole risk. The website is provided on an "as is" and "as available" basis.
  • You must not modify, adapt or hack the website or modify another website so as to falsely imply that it is associated with the Learn Drive Survive Driving School, or any other Learn Drive Survive Driving School website.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website without the express written permission by Learn Drive Survive Driving School.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Learn Drive Survive Driving School customer, employee, member, or officer will result in immediate account termination.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You understand that Learn Drive Survive Driving School uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run.
  • Learn Drive Survive Driving School does not warrant that (i) the website will meet your specific requirements, (ii) the website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the website will be accurate or reliable, (iv) the quality of any products, websites, information, or other material purchased or obtained by you through the website will meet your expectations, and (v) any errors in the website will be corrected.
  • You expressly understand and agree that Learn Drive Survive Driving School shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Learn Drive Survive Driving School has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website; (v) or any other matter relating to the website.
  • The failure of Learn Drive Survive Driving School to exercise or enforce any right or provision of the Terms of website shall not constitute a waiver of such right or provision. The Terms of website constitutes the entire agreement between you and Learn Drive Survive Driving School and govern your use of the website, superceding any prior agreements between you and Learn Drive Survive Driving School (including, but not limited to, any prior versions of the Terms of website).

Questions


Please send any questions or comments about these Terms of site to enquiries@learndrivesurvive.com.au.



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