Terms and Conditions
In these terms and conditions, “we” “us” and “our” refers to the owner of the website learndrivesurvive.com.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 change the price and/or 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.
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.
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.
GIFT VOUCHERS & PRE-PAID LESSONS
Gift vouchers are emailed to the buyer upon completion of purchase. Alternatively, electronic gift vouchers can be emailed / gifted directly to the intended recipient. Recipients are able to exchange the gift voucher for driving lessons to the value of the amount on the voucher. In accordance with the Australian Competition and Consumer Commission (ACC), gift vouchers are valid for three (3) years after the day of purchase.
Pre-Paid Driving Lesson Packages
Prepaid driving lessons (service) means a service provided by Learn Drive Survive that has been paid for in advance and to be used at a later date.
Pre-paid driving lesson packages are only valid for twelve (12) months.
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).
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 all reasonable 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. When registering your first driving lesson with Learn Drive Survive, you will be required to complete an online profile whether by an individual or organisation. This includes providing a valid credit card in the name of the individual or organisation. When you provide credit card information, you are agreeing, accepting or authorising the use of that credit card as a form of payment for any products or services by Learn Drive Survive. You also agree that Learn Drive Survive will not be held liable for any unlawful or unauthorised transactions.
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.
RECORDING CONVERSATION OR DRIVING LESSONS
What is a listening or recording device? It is any instrument, apparatus, equipment or device including mobile phones that are capable of being used to overhear, record, monitor or listen to a private conversation at the same time it takes place.
Learn Drive Survive Driving School and their driving instructors, DO NOT PERMIT the use of any recording device to be used at any time during any driving lesson. Where an instructor has reason to believe that any such equipment (including GPS positioning devices, audio recording and/or video recording devices) are being used, Learn Drive Survive driving instructors have the right to terminate any such recording resulting in the remainder of the driving lesson to be forfeited with no refund provided.
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 also agree that at the time of booking and/or commencing a driving lesson, your drivers licence is valid and 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. The time that our driving instructors allocate is worth money. 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. This fee is equal to the total time that has been allocated for that 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 you require another lesson booking, full payment will be required before that booking can be scheduled.
If a student fails to have their current drivers licence on them, they will not be able to drive therefore, the full lesson fee will be charged and payable for that lesson.
LATE AND/OR NO-SHOW
If for any reason you’re late for a driving lesson, you will only be permitted to use the remaining lesson time if you have another scheduled lesson immediately after. Please Note: You will be charged for the full lesson cost regardless of the remaining time used as instructors have other scheduled lessons with other students.
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 the full lesson fee will be charged.
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 898 969 within 24 hours or email us at firstname.lastname@example.org.
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 does anything which is unsafe or dangerous and there is an obvious danger to the public.
In such circumstances, the lesson fee is still payable.
If you’re a permanent Australian resident, or hold a permanent visa under the Commonwealth Migration Act 1958, and you intend to stay in NSW, you are not considered to be a visitor. You can only drive in NSW on a current overseas licence for a maximum period of three months. Then you will need to apply for a NSW licence to continue driving.
If you do not hold permanent Australian residency, but will be in NSW for more than 3 months, you can apply for a Temporary Overseas Visitor licence. If you hold an overseas driver licence and will be a Temporary Overseas Visitor for a period that exceeds three (3) months, you must apply for a NSW driver licence if you intend on driving in NSW.
In order to do that, you need to successfully complete the Driver Knowledge Test and driving test for the relevant class of licence.
If you hold a licence issued by a country or jurisdiction that is NOT listed on the right, you will need to pass the Driver Knowledge Test (DKT) and a practical driving test when applying for an equivalent NSW licence.
At the time of making a booking with Learn Drive Survive Driving School, you agree to the following;
- You agree that you are a current overseas visitor with a current overseas licence.
- You agree that you have not been disqualified from driving in New South Wales or anywhere else.
- You agree that you have not had your licence suspended or cancelled, or your visiting driving privileges withdrawn in New South Wales or any other state or country.
- You agree that you have not resided in the state of New South Wales for more than a period of 3 months.
- You agree that you can carry your overseas driver licence however, if your licence is not written in English, you must also carry an English translation, or an International Driving Permit.
If you exceed a permanent stay of the maximum 3-month period, you must complete the Driver Knowledge Test in order to obtain a Learner Licence. If you have exceeded the maximum 3-month stay in New South Wales, you must produce your learner licence to your Learn Drive Survive driving instructor at the commencement of your driving lesson.
As per the legislative requirements of New South Wales, at the time of booking a service with Learn Drive Survive Driving School, you agree to these terms. If you are unable to produce a learner licence or unless we are satisfied an overseas licence is valid, or you can prove that you’re hold genuine visitor status to one of our instructors, we have the right to refuse or cancel a driving lesson at the commencement of the lesson.
PLEASE NOTE: Regardless if you have resided in New South Wales or another state or territory within Australia, if you entered the country outside of the 3 months and if you’re a permanent Australian resident, or hold a permanent visa under the Commonwealth Migration Act 1958, YOU REQUIRE A LEARNER LICENCE.
Please understand that the onus is on you, as a visitor and as an international driver in the state of New South Wales, to make enquiries and to know what you’re legally required to do.
RECOGNISED COUNTRIES & JURISDICTIONS
You do not have to pass the Driver Knowledge Test or driving test for a NSW car (class C) licence if your current licence comes from a licensing authority in one of the following places;
- Bosnia and Herzegovina
- Canada (any state)
- Isle of Man (licences issued since 1 April 1991)
- Malta (licences issued or renewed since 2 January 2004)
- New Zealand (except for paper licences)
- United Kingdom
- United States of America (any state).
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 lesson times cannot be met within reason. Any refund amount will include the original price paid less any services already provided (at full hourly rate) and less 50% of the remaining balance amount to cover any administration costs.
LESSONS / REMAINING LESSONS FROM PREPAID PACKAGES & VOUCHERS
Should you book a driving lesson with Learn Drive Survive and change your mind, we will provide a full refund of the balance less $35 administration processing fee.
Pre-Paid Driving Lesson Packages
Prepaid driving lessons (service) means a service provided by Learn Drive Survive that has been paid for in advance and to be used at a later date. Please note that pre-paid driving lesson packages are only valid for twelve (12) months.
Any refund amount will include the original price paid less any services already provided (at full hourly rate) and less 50% of the remaining balance amount to cover any administration costs.
Any lessons gifted from another person are non-refundable.
All prepaid services and/or products are only valid for twelve (12) months.
PHOTOS IN SOCIAL MEDIA
When students are successful in passing their driving test, Learn Drive Survive like to publish their photo on social media platforms such as Facebook and Instagram. If you do not wish to have your photograph published by any means whatsoever, please advise your instructor.
Questions about the Terms of Service should be emailed to us at email@example.com.