Driving Instructor Terms and Conditions | EzLicence

Driving Instructor Terms and Conditions


Parties

This Agreement is between –

  • Ez Licence Pty Ltd ABN 43 612 095 968 trading as EzLicence (EzLicence); and
  • the Driving Instructor who has signed up to the EzLicence platform in accordance with this Agreement (Driving Instructor);

each a Party and together the Parties.

EzLicence Disclosures

EzLicence’s complete terms and conditions are contained below, but some important points for Driving Instructor to know before it joins EzLicence as a Driving Instructor are set out below:

  • EzLicence may amend this Agreement or the features of the EzLicence service at any time, by providing written notice to Driving Instructor;
  • Driving Instructor’s contact information will be passed on to a Learner who elects to purchase driving bookings from them;
  • To the maximum extent permitted by law, any fees payable by Driving Instructor to EzLicence are non-refundable;
  • To the maximum extent permitted by law, EzLicence shall have no Liability to Driving Instructor for any loss or corruption of data, or any scheduled or emergency maintenance that causes the platform to be unavailable.
  • EzLicence’s aggregate liability for any Liability arising from or in connection with this Agreement will be limited to, EzLicence’s sole discretion repaying Driving Instructor the amount of the fees paid by Driving Instructor to EzLicence during the term; and
  • EzLicence may terminate Driving Instructor’s Agreement with it at any time by giving 30 days’ written notice.
  • EzLicence may terminate Driving Instructor’s Agreement without notice if there is a breach of this agreement, the Code of Conduct or the Payment Policy.

Nothing in these terms limit Driving Instructor’s rights under the Australian Consumer Law.

ABOUT THIS AGREEMENT

This Agreement covers the two ways in which you can use the EzLicence platform.

EzLicence Marketplace means the online marketplace, where Driving Instructors and Learners are connected by EzLicence.

Invited Learner Feature means the features available on EzLicence, which allows Driving Instructors to manage bookings and payments for their Private Clients.

TERM OF AGREEMENT

  1. This Agreement commences when Driving Instructor accepts these terms and conditions by clicking “I accept” or registering on the EzLicence platform, and continues until terminated in accordance with this Agreement. By accepting this Agreement, Driving Instructor acknowledges that it has read, understands and agrees to comply with the terms of this Agreement.

EZLICENCE MARKETPLACE

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

Relationship of the parties

  1. The Driving Instructor acknowledges and agrees that –
    1. they are independent of EzLicence and are not an agent, employee, contractor or subcontractor of EzLicence;
    2. the EzLicence website is the conduit between Driving Instructors and Learners. EzLicence provides the platform to users (including hosting and maintaining the platform), utilises marketing strategies to gain potential Learners to purchase bookings from the platform, and processes payments and facilitates bookings between Learners and Driving Instructors (together the EzLicence Marketplace Services);
    3. EzLicence may from time to time share details of driving instructors with Learners, including but not limited to; Driving Instructor’s full name, driving registration number and Working With Children Certificate number;
    4. any agreement to undertake driving lessons is between the Learner and the independent Driving Instructor to which EzLicence is not a party;
    5. EzLicence is not liable or responsible for the conduct, acts or omissions of Driving Instructors or Learners;
    6. the Driving Instructor retains the right to use other software application services to provide driving bookings and to engage in any occupation or other business;
    7. it is the Driving Instructor’s sole responsibility at the commencement of each booking, to check and verify that each Learner has a current and valid Learner Permit, or any other driver’s licence type, that lawfully allows that Learner to drive in the state in which they are undertaking driving bookings, such that if a Learner does not have the same, the Driving Instructor must:
      1. refuse to provide a booking to that Learner; and
      2. notify EzLicence immediately.
    8. EzLicence does not check or carry out searches or due diligence on Learners. Driving Instructors are always responsible for and obliged to take all reasonable precautions in relation to their personal and vehicle safety and security and EzLicence 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 for a booking.

Warranties by Driving Instructor

  1. The Driving Instructor warrants that they have done all of the following –
    1. complied with all requirements in their state or territory of operation to become a fully qualified driving instructor;
    2. they have no health or medical issues that may prevent them from being fit to drive or instruct Learners;
    3. they have no police or criminal history and have no pending investigations or charges against them;
    4. they have successfully passed a National Police Criminal History Check;
    5. they have passed a Working With Children check and have provided the reference number to EzLicence; and
    6. personally checked and verified that each Learner has a current and valid driver’s licence at the commencement of each driving booking, in accordance with clause 2.7. above.

Driving Instructor’s Use of EzLicence Marketplace

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

Fidelity

  1. The Driving Instructor agrees:
    1. not to book a Learner for bookings through any other means other than through the EzLicence Marketplace;
    2. not to do any acts or omit to do things that damage or may damage the reputation of EzLicence.
  2. The Driving Instructor agrees that a breach of clause 5 will result in immediate termination of the Agreement pursuant to clause 37, and removal from the EzLicence website and platform.

Policies

  1. The Driving Instructor warrants that they have read and understood the following documents:
    1. The EzLicence Driving Instructor Code of Conduct;
    2. the Payment Policy;
    3. the EzLicence Privacy Policy; and
    4. the EzLicence Policies and Procedures that may be provided to Driving Instructors from time to time.
  2. The Driving Instructor further warrants that they 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

  1. The Driving Instructor acknowledges and agrees that –
    1. EzLicence is dedicated to providing ‘real time bookings’ and providing services that allow Learners to have control over the date and time of their bookings;
    2. EzLicence maintains and expects only the highest quality of services from Driving Instructors;
    3. EzLicence relies on its reputation with Learners 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 EzLicence in carrying out its services, as set out in, but not limited to, clause 10 below.
  2. The Driving Instructor agrees –
    1. to be respectful to Learners and EzLicence staff;
    2. to ensure that they are available and willing to take all bookings made on date and at times as allocated as ‘available’ by the Driving Instructor;
    3. to maintain an accurate diary and calendar of all bookings agreed to (in accordance with clauses 33 and 34);
    4. to arrive on time for all bookings with Learners;
    5. to maintain a professional appearance while conducting bookings with Learners;
    6. to ensure that their vehicle is clean, roadworthy, meeting testing requirements and a safe working environment;
    7. not to behave in a discriminatory, demeaning or derogatory way, or use threatening, abusive or offensive language towards Learners or EzLicence staff;
    8. not to eat or drink while conducting bookings;
    9. not to use a mobile phone or similar electronic device while conducting bookings; and
    10. not to take or accept money, money’s worth, tips or other types of bribes from Learners.
  3. If the Driving Instructor receives poor feedback from a Learner, whether based on a failure to comply with clause 10 or otherwise, EzLicence may at its sole and absolute discretion immediately terminate the Driving Instructor’s registration with EzLicence pursuant to clause 38.

Insurance

  1. The Driving Instructor is solely and absolutely responsible for holding and maintaining the insurance set out in this clause 12, and further warrants that they –
    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 Driving Instructor is instructing a Learner;
    5. have informed their comprehensive car insurance provider that they are conducting driving lessons;
    6. have received an endorsement by their insurance provider confirming the information referred to in clauses 12.4 and 12.5;
    7. will inform EzLicence when any form of insurance lapses;
    8. have a vehicle that has a dual pedal control;
    9. will only conduct a booking in a vehicle that is –
      1. registered as a driving vehicle with EzLicence;
      2. registered in their own name (or a company controlled by them) subject to clause 16; or
      3. fitted with operational dual pedal controls.
    10. will provide information to EzLicence regarding the make, vehicle registration number, model and year of the vehicle, together with a photo of the car.

Certification Verification Requirements

  1. EzLicence requires that Driving Instructors produce a copy of their –
    1. C Class driver's licence which is valid in the state in which the Driving Instructor operates; and
    2. Driving Instructors Licence C Class which is valid in the state in which the Driving Instructor operates; and
    3. working with children credentials.
  2. Driving Instructors agree to notify EzLicence when these certifications lapse.

Vehicle Requirements

  1. Driving Instructors agree that their vehicle is to remain at all times –
    1. roadworthy;
    2. clean;
    3. well maintained;
    4. registered; and
    5. Overall fit for conducting driving lessons.
  2. Driving Instructors agree to notify EzLicence immediately when they intend to use a different vehicle to conduct driving bookings and may not use a different vehicle unless and until they have notified EzLicence.

Tax Compliance

  1. Driving Instructors agree to comply with all Australian tax requirements including paying any applicable GST if transacting through the EzLicence or associated websites. In particular, Driving Instructors acknowledge that they will be required to charge and remit GST on taxable supplies if they 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 Driving Instructors are responsible for paying this.

Booking Prices and Payments

  1. The Driving Instructor appoints EzLicence as the limited payment collection agent solely for the purpose of accepting the booking payment.
  2. The Driving Instructor agrees that the payment made by the Learner to EzLicence shall be considered the same as payment made directly by the Learner to the Driving Instructor, and is a discharge of the booking.
  3. Driving Instructors are responsible for setting their own hourly rates for bookings over which EzLicence has no input or control.
    1. In the case of driving test packages, our suggested retail price for one test package booked consisting of a 45 minute lesson and the use of the Driving Instructor’s vehicle for the driving test is $225 per one driving test package (Driving Test Package).
  4. Subject to clause 22, in return for EzLicence providing the Driving Instructor with the connection to the Learner, payment collection of the booking fee and processing and support services, the Driving Instructor agrees to pay EzLicence –
    1. a service fee calculated at 25% of the applicable hourly rate as referred to in clause 20, which is inclusive of GST (the Service Fee), and which will apply regardless of the actual price charged for or allocated to that booking by the Driving Instructor pursuant to clause 20; and
    2. a Payout Processing Fee of $0.28 + 0.39% for each payout.
    3. a Monthly Account Fee of $2.20, charged in your first payout each month.
  5. The Monthly Account Fee will be charged if at least one booking payment has been processed in the relevant calendar month.
  6. The Service Fee will be amended to reflect any Discount Bands applied to a booking. The Service Fee does not apply to the Driving Test Package referred to in clause 20.1. EzLicence will instead charge a flat Driving Test Package Fee of $39.00.
  7. EzLicence will render a tax invoice to the Driving Instructor for the Service Fee, the Driving Test Package fee, the payout processing fee and the Account Fee on the date of each payment.

Driving Instructor Payment Terms

  1. Learners will pay Driving Instructors for each booking delivered by that Driving Instructor pursuant to clause 31.2.
  2. EzLicence will forward all payments referred to in clause 25. above to the Driving Instructor every payout, based on all accrued booking payments as delivered by the Driving Instructor in the previous payout period and in accordance with the Payment Policy.
  3. EzLicence will provide to the Driving Instructor an invoice for each payment, setting out the following for each booking –
    1. booking ID, date and duration of booking;
    2. price of booking set by the Driving Instructor;
    3. Service Fees deducted;
    4. Payout Processing Fees deducted;
    5. Monthly Account Fees deducted; and
    6. GST.
  4. EzLicence may amend the rate of the Service fee, the Payout Processing Fee, or the Monthly Account Fee on 30 days’ notice to the Driving Instructor in accordance with clauses 84 and 85. The revised fees will then from that time be deemed to take effect automatically.
  5. Driving Instructors bear all risk associated with non-payments by Learners.
  6. Driving Instructors are required to inform EzLicence immediately if they believe that a Learner is acting fraudulently in relation to payments.

Refund of booking payments

  1. If EzLicence believes a booking payment that has been made to a Driving Instructor should be refunded to a Learner or a third party, EzLicence will forfeit its Service Fee and, either of the following will also apply -
    1. if the booking payment has not yet been received by the Driving Instructor, EzLicence will deduct the allocated revenue share subject to the refund from the Driving Instructor’s next payment; or
    2. if the Driving Instructor has received payment for the booking, EzLicence will deduct the equivalent payment from the Driving Instructor’s next payment if that payment contains sufficient funds to cover the refund amount.

Calendar System

  1. Driving Instructors agree to update their own calendar immediately when notified of a Learner booking through EzLicence.
  2. Driving Instructors agree to update the EzLicence calendar portal when other Learners book privately through the Driving Instructor so that EzLicence bookings are not booked during this time.

Booking Cancellation/Rescheduling Fee

  1. If a Learner cancels or reschedules a booking more than 24 hours before a booking, the Learner will receive a credit for 100% of the full booking charge, and the Driving Instructor will receive no payment for that booking.
  2. If a Learner Driver cancels or reschedules a lesson 24 hours or less before the lesson is due to start, the Driving Instructor may at its sole discretion charge the Learner Driver for the full price of the lesson.

Events of Termination

  1. EzLicence may, in its discretion, restrict, suspend or remove a Driving Instructor’s registration on our Platform upon providing Written Notice under the following circumstances –
    1. where a Driving Instructor breaches this Agreement or our Code of Conduct;
    2. where a Driving Instructor has committed an offence, including where the Driving Instructor has been charged with or has been convicted of a criminal offence;
    3. where a Driving Instructor’s working with children credentials have been falsified or have expired;
    4. where a Driving Instructor is no longer a licensed driver or not otherwise permitted by law to be a licensed driving instructor;
    5. where a Driving Instructor is the subject of legal proceedings relating to a motor vehicle accident;
    6. where a third party conducts a driving booking on the Driving Instructor’s behalf;
    7. where the Driving Instructor conducts a driving booking in a vehicle other than that (or those) of which EzLicence has been notified; and
    8. where the Driving Instructor receives poor Learner feedback or accumulates a poor rating as determined by EzLicence.
  2. If a failure of a Driving Instructor to perform their obligations under this Agreement is not rectified within 7 days, EzLicence may restrict, suspend or cancel a Driving Instructor’s registration on the EzLicence website without giving notice to the Driving Instructor.
  3. EzLicence will remove the ability for Learners to book bookings with Driving Instructors immediately when any form of documentation or insurance that EzLicence has in its records expired.
  4. A Driving Instructor may terminate this Agreement by de-registering their account on the EzLicence website and platform, in which event the Driving Instructor agrees –
    1. that all Driving Instructor data and information will be retained by EzLicence for an indefinite period unless that Driving Instructor expressly requests that EzLicence permanently delete their data and information.

INVITED LEARNER FEATURE (Invited Learner)

The following clauses apply to the use of the Invited Learner Feature (Invited Learner).

Invited Learner Services

  1. EzLicence provides Driving Instructors with the ability to utilise the Invited Learner Feature (Invited Learner), software which allows Driving Instructors to view, manage and take payment for their Private Client bookings, as well as facilitating automated communications with the Private Client (Invited Learner Services).
  2. Driving Instructors may be granted access to the Invited Learner Feature, and can utilise the Invited Learner Services by inviting their clients who they have sourced independently of EzLicence and have not engaged the Driving Instructor previously through the EzLicence Marketplace (Invited Learners).
  3. In consideration of Driving Instructor’s payment of the Invited Learner Admin Fees, EzLicence agrees to provide the Invited Learner Services, and any other services it agrees to provide as set out in Driving Instructor’s EzLicence account.
  4. EzLicence agrees to use its best endeavours to make the Invited Learner Feature available at all times. However, from time-to-time EzLicence may perform reasonable scheduled and emergency maintenance, and the Invited Learner Feature may be unavailable during the times EzLicence is performing such maintenance.
  5. Should Driving Instructor be unable to access the Invited Learner Feature, or should Driving Instructor have any other questions or issues impacting on Driving Instructor’s use and enjoyment of the platform, Driving Instructor must raise a support ticket via https://support.ezlicence.com.au/hc/en-au/requests/new. EzLicence will endeavour to respond to any support requests in a reasonable period.
  6. Driving Instructor acknowledges and agrees that the Invited Learner Feature may be reliant on, or interface with third party systems that are not provided by EzLicence (for example, payment system providers) (Third Party Services). To the maximum extent permitted by law, EzLicence shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
  7. Driving Instructor acknowledges and agrees that data loss is an unavoidable risk when using any software. To the extent Driving Instructor inputs any data into the Invited Learner Feature, Driving Instructor agrees to maintain a backup copy of any data Driving Instructor inputs into the platform.
  8. To the maximum extent permitted by law, EzLicence shall have no Liability to Driving Instructor for any loss or corruption of data, or any scheduled or emergency maintenance that causes the platform to be unavailable.

Inviting Learners to EzLicence

  1. Driving Instructors can invite their Private Clients to EzLicence, by sharing their unique link with the Private Client, via email, phone, website or any other means. By clicking the link, the Private client will then be asked to create an EzLicence account, and will be invited to book in and pay for driving bookings with the Driving Instructor who has invited them to the EzLicence platform.
  2. Driving Instructors can also invite their Private Clients to EzLicenceby entering their contact information directly into the Invited Learner Feature. The Invited Learner will then receive a SMS or email inviting them to book in and pay for driving bookings with the Driving Instructor who has invited them to create an account for EzLicence. Where a Driving Instructor elects to invite a Learner to EzLicence by entering their contact information directly into the Invited Learner Feature on their behalf, the Driving Instructor warrants:
    1. it has consent from the Learner to collect and share the Learner’s personal information with EzLicence for the purposes of inviting them to EzLicence; and
    2. the Invited Learner has given consent to the Driving Instructor for EzLicence to contact them.

Driving Instructor’s use of the Invited Learner Feature

  1. When using the Invited Learner Feature, the Driving Instructor warrants and agrees that:
    1. the Driving Instructor has read and agrees to the terms and conditions set out in this Agreement relating to the use of the Invited Learner Feature;
    2. the Driving Instructor will inform EzLicence immediately if the details of the Driving Instructor change, including its payment details; and
    3. the Driving Instructor may have obligations to its Private Clients under the Australian Consumer Law, and must agree to abide by the Australian Consumer Law at all times.
  2. It is the Driving Instructor’s responsibility to contact the Learner if they are unavailable at the time a Private Client has booked a booking, or is otherwise unable to provide the services that the Private Client has booked them for.
  3. The Driving Instructor must ensure that the terms and conditions of purchase of driving bookings between it and the Invited Learner are clear at the time of purchase. EzLicence may provide some example terms and conditions for Driving Instructor to use, but recommends Driving Instructor gets its own independent legal advice as to whether these are appropriate for them. Any terms and conditions provided are to be used at the Driving Instructor’s sole risk.

Invited Learner Payment Terms

  1. In return for EzLicence providing the Driving Instructor with the EzLicence platform, sms notifications, customer service support, and payment collection of the booking fee, the Driving Instructor agrees to pay EzLicence an Admin Fee calculated at 2.4% of the applicable booking payment, which is inclusive of GST (the “Invited Learner Admin Fee”), and which will apply regardless of the actual price charged for or allocated to that booking by the Driving Instructor.
  2. The Invited Learner Admin Fee will be amended to reflect any Discount Bands applied to a booking.
  3. EzLicence may amend the Invited Learner Admin Fee on 30 days’ notice to the Driving Instructor. The revised fees will be deemed to take effect automatically after the expiry of the 30-day notice period.
  4. Driving Instructors bear all risk associated with non-payments by Learners. Note that if a Invited Learner successfully disputes payment for the booking via a ‘chargeback’, EzLicence will immediately invoice the Driving Instructor for the Invited Learner Service Fee, which is to be paid in accordance with the payment terms set out in the invoice.

Intellectual Property

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

Termination

  1. A Driving Instructor may terminate this Agreement by de-registering their account on the EzLicence website and platform.
  2. EzLicence may terminate this Agreement at any time by giving 30 days written notice to Driving Instructor.
  3. EzLicence may terminate this Agreement at any time with written notice to Driving Instructor where Driving Instructor has breached a material term of this Agreement that has not been remedied within 5 Business Days.
  4. Where Driving Instructor’s access to the EzLicence Marketplace has been terminated, Driving Instructor’s access to the Invited Learner Feature will also be immediately terminated.
  5. Should EzLicence suspect that Driving Instructor is in breach of the terms of the Agreement relating to the use of the Invited Learner Feature, EzLicence may suspend Driving Instructor’s access to the EzLicence Marketplace and Invited Learner Feature while EzLicence investigates the suspected breach.
  6. This clause will survive termination or expiry of this Agreement.

GENERAL

The following clauses apply to both the Marketplace Services and the Invited Learner Services.

Australian Consumer Law

  1. 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 Driving Instructor with rights, warranties, guarantees and remedies relating to the provision of the Invited Learner Feature Services and EzLicence Marketplace Services by EzLicence to Driving Instructor which cannot be excluded, restricted or modified (Consumer Law Rights).
  2. If the ACL applies to Driving Instructor as a consumer, nothing in these Terms excludes Driving Instructor’s Consumer Law Rights as a consumer under the ACL. Driving Instructor agrees that EzLicence’s Liability for the Invited Learner Feature Services and EzLicence Marketplace Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
  3. Subject to Driving Instructor Consumer Law Rights, EzLicence excludes all express and implied warranties, and all material, work and services are provided to Driving Instructor without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
  4. This clause will survive the termination or expiry of this Agreement.

Liability

  1. Despite anything to the contrary, and to the maximum extent permitted by law:
    1. Driving Instructor agrees to indemnify EzLicence, and hold EzLicence harmless, for any Liability EzLicence 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. EzLicence’s aggregate liability for any Liability arising from or in connection with this Agreement will be limited to EzLicence resupplying the Invited Learner Feature to Driving Instructor or, in EzLicence’s sole discretion, to EzLicence repaying Driving Instructor the amount of the fees paid by Driving Instructor to EzLicence during the term.
  2. This clause will survive termination or expiry of this Agreement.

Confidentiality

  1. Driving Instructors are not to use Learner information except for the express purpose of providing driving bookings.

Indemnity

  1. Driving Instructors agree to indemnify and protect EzLicence against any actions, damages, claims, demands, prosecutions, fines and penalties including through negligence which occur as a result or in relation to their actions as a Driving Instructor.
  2. Clauses 75 and 76 survive termination of the Agreement.

Privacy

  1. EzLicence and Driving Instructors agree to adhere to the Australian Privacy Principles from time to time in force (if applicable).
  2. Driving Instructors agree to EzLicence using Driving Instructor information and personal data for marketing purposes.
  3. Driving Instructors may obtain access to personal information that EzLicence have on record by submitting a support ticket to https://support.ezlicence.com.au/hc/en-au/requests/new. By entering into this Agreement Driving Instructors acknowledge that they have read the Privacy Policy and agree to the EzLicence Privacy Policy as amended from time to time.

Intellectual Property

  1. The Driving Instructor agrees that all intellectual property and copyright rights over or in connection with EzLicence products and resources are owned by EzLicence exclusively.

Force Majeure

  1. Neither EzLicence or Driving Instructors 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

  1. If any dispute arises between a Driving Instructor and EzLicence, 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://resolution.institute/common/Uploaded%20files/Rules%20and%20Regulations/RI-Mediation-Rules.pdf
    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.
  2. The costs of mediation or arbitration are to be shared equally between the parties.

No Waiver

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

No Assignment of Agreement

  1. The Driving Instructor is not allowed to sell, assign, sub-lease or transfer this Agreement to anyone else.

Modification of Agreement

  1. EzLicence may change this Agreement from time to time upon written notice to the Driving Instructor.
  2. Subject to clause 92 -
    1. a Driving Instructor who continues to use the EzLicence website and accept books for bookings from Learners is considered to accept the new terms as updated from time to time; and
    2. it is the responsibility of the Driving Instructor to read through the amended terms and conditions as required from time to time.

Notice

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

Severability

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

Governing Law

  1. This Agreement is governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia.

Entire Agreement

  1. 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

  1. The following words carry the following meanings:

    Agreement means this document as amended from time to time along with any documents referred to in this document;

    Australian Consumer Law means the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth)

    Invited Learner Feature means the feature available on EzLicence, which allows Driving Instructors to manage bookings and payments for Private Clients.

    Code of Conduct means the EzLicence Driving Instructor Code of Conduct.

    Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

    Discount Band means the discount applied where multiple bookings have been booked as set out in the Payment Policy.

    Driving Instructor means the person who has contracted with EzLicence to become a Driving Instructor through the EzLicence online website platform;

    Event of Termination means those events set out in clauses 36 – 39.

    EzLicence means Ez Licence Pty Ltd;

    EzLicence Marketplace means the online marketplace, where Driving Instructors and Learners are connected by EzLicence.

    Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

    Learner means a person who is at least 16 years old or older who has booked a driving booking through EzLicence, and a secondary account holder who has purchased the driving booking for the Learner;

    Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to this Agreement or otherwise;

    Payment Policy means the EzLicence Payment Policy;

    Policies means the Payment Policy, the Privacy Policy, and the Driving Instructor Code of Conduct;

    Privacy Policy means the EzLicence Privacy Policy;

    Private Clients has the meaning given to it in clause 42.

    Written Notice includes notification given by email or SMS.

Interpretation

  1. In the interpretation of this Agreement:
    1. every aspect of this document with the exception of the headings are substantive parts of this Agreement and are to be read accordingly;
    2. headings are used for convenience, but are not to be interpreted as part of this Agreement;
    3. when the singular is mentioned, it also means the plural of that word, and vice versa;
    4. words specifying one gender includes all other genders; and
    5. when legislation is referred to, the legislation includes all rules, ordinances, by laws, orders, regulations, consolidations, rewrites, amendments, re-enactments and replacements of that same legislation.
  2. In the event of any inconsistency between the provisions of this Agreement and the Payment Policy, this Agreement shall prevail.

SCHEDULE 1 - EzLicence Payment Policy

The EzLicence Payment Policy can be accessed at https://support.ezlicence.com.au/hc/en-au/articles/23384905563929-Payment-Policy

SCHEDULE 2 - EzLicence Privacy Policy

The EzLicence Privacy Policy can be accessed at https://support.ezlicence.com.au/hc/en-au/articles/23384666056729-EzLicence-Privacy-Policy

SCHEDULE 3 – EzLicence Driving Instructor Code of Conduct

The EzLicence Driving Instructor Code of Conduct can be accessed at https://support.ezlicence.com.au/hc/en-au/articles/23460566287641