1.2 We reserve the right to update these Driving Instructor Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Driving Instructor Terms then you shall immediately stop accessing and/or using the Platform. If we reasonably believe that the change to the Driving Instructor Terms is significant, we shall notify all registered users by email. Otherwise, updated Driving Instructor Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Driving Instructor Terms so that you are aware of any changes to them.
1.3 The Platform operates as a platform for Driving Instructors and Learner Drivers to connect, book lessons, pay for those lessons and receive feedback. We do not provide driving lessons.
2.1 In these Driving Instructor Terms, the following words have the following meanings:
Commission: the percentage of the Fee agreed due to us; Driving Instructor, you: an organisation or individual who has registered with us as a driving Driving Instructor; Fee: the fees due from a Learner Driver for a Lesson or a block of Lessons as the case may be; Learner Driver: an individual who has registered with us as a Learner Driver; Lesson: a driving lesson booked through the Platform; Platform: the Drivio mobile applications and any associated website; and Platform Content: all materials and content on the Platform, including all information, data, text, images, recordings and software excluding any content posted by a Driving Instructor and/or a Learner Driver.
2.2 In these Driving Instructor Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
2.3 Any reference to a statutory provision shall be a reference to such provision as may be updated or amended from time to time.
3. Registering on the Platform
3.1 When you register with the Platform you must provide your email address and choose a password. You are responsible for keeping your password confidential and you are responsible for any activity under your Drivio account. Please take precautions to protect your password and contact us immediately by email at firstname.lastname@example.org if you believe there has been any unauthorised use of your Drivio account.
3.2. If you wish to register as a Driving Instructor on the Platform, you must (a) have the authority to bind any organisation that you purport to represent and be at least 21 years old; (b) be a qualified and Approved Driving Instructor registered with the Driver and Vehicle Standards Agency; (c) have in place and maintain fully comprehensive motor insurance allowing you to provide driving lessons; (d) own a dual controlled car with a current MOT certificate and fully paid vehicle excise duty. At our request, you shall provide evidence of your compliance with this Condition 3.2.
3.3 You shall provide such additional information as is required on the Platform, including details of the Fee for each Lesson in accordance with the prompts and within its profile. All such information must be accurate and up-to-date at all times.
3.4. You warrant and represent that the content on your profile, including any terms and conditions you wish to govern the provision of the driving lesson, shall not (a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations; (b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party; (c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence; (d) be deliberately or knowingly false, inaccurate or misleading; and/or (e) give rise to any cause of action against us.
3.5 We do not monitor or review your profile. However, we may remove any content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 3.4.
4. Use of the Platform
4.1 You must also keep your schedule of availability for Lessons up-to-date within the Platform. You agree that we and the Learner Driver rely on the accuracy of your schedule, and if the schedule is frequently found to be out of date and Lessons are cancelled by you, this shall be considered a material breach of these Driving Instructor Terms.
4.2 You shall attend a Lesson promptly and shall provide all instruction in a Lesson to the best of your ability, with reasonable skill and care and in accordance with all applicable laws and regulations. You agree that you are directly responsible to the Learner Driver for your own acts and omissions in relation to the Lessons.
4.3 You shall treat all personal data and other information relating to a Learner Driver as confidential and keep all such information secure, and not share such information with any third party, or use such information for any purpose except to provide Lessons to the Learner Driver. You shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard personal data from unauthorized access, loss and disclosure and shall otherwise comply with all applicable laws and regulations relating to data protection. You are a controller of the personal data of the Learner Driver and shall therefore apply with all applicable laws relating to the processing of personal data for a Learner Driver.
4.4 When you use the Platform you must comply with all applicable laws. In particular, but without limitation, you agree not use the Platform for any unlawful purposes or to try to gain unauthorised access to the Platform or any networks, servers or computer systems connected to the Platform and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Platform save to the extent expressly permitted by law not capable of lawful exclusion.
4.5 The copyright in all Platform Content is owned by or licensed to us. All rights are reserved. You can view, print or download extracts of the Platform Content for your own use. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Platform Content without our permission.
4.6 You agree that we are entitled to reproduce and use your name and associated logos within publicity for the Platform and for our business.
5. Payment and Cancellation
5.1 Learner Drivers shall pay the Fee to us for each Lesson or block of Lessons as the case may be on booking. Payment is made through our payment service provider, Stripe. When each Lesson, as booked, is completed, we shall pay to you the Fee less our Commission.
5.2 If for any reason you are unable to provide the Lesson, you must immediately notify us, and shall attempt to reschedule the Lesson with the Learner Driver. If it is not possible to reschedule the Lesson, the Learner Driver shall be entitled to a full refund of the Fee on notification to us by email.
5.3 If a Learner Driver wishes to cancel or re-schedule a Lesson we ask that they immediately notify you by email and you agree that the following refunds and charges are due: -Cancellation on more than 48 hours before a Lesson — 100% refund of the Fee for the Lesson -Cancellation on fewer than 48 hours but more 24 hours before a Lesson — 50% refund of the Fee for the Lesson -Cancellation on fewer than 24 hours before a Lesson - No refund of the Fee for the Lesson -Re-schedule notice on more than 48 hours before a Lesson — no additional fee. -Re-schedule notice on fewer than 48 hours before a Lesson — not possible. The notice is treated as a cancellation.
5.4 If a Learner Driver fails to attend a Lesson or attends the Lesson under the influence of alcohol or a controlled substance, then you shall be entitled to cancel the Lesson and no refund shall be due.
5.5 For the avoidance of doubt, the Commission remains due for any Fee retained under Conditions 5.3 and 5.
5.6 If you fail to attend a Lesson, the Fee shall be refunded to the Learner Driver and we shall be entitled to take appropriate action under Condition 10.
5.7 We shall notify you by email of any changes to the calculation of the Commission from time to time.
5.8 We shall pay all Commission to you through Stripe together with an emailed remittance advice.
5.9 You are responsible for all taxes due and payable in respect of all Commission under these Driving Instructor Terms. You are not and shall not be deemed to be our employee at any time and accordingly, shall not be entitled to any benefits of an employee under applicable laws.
6.1 You must not request direct payment of any sums from the Learner Driver.
6.2 On reasonable notice to you, we may audit all payment records relating to a Learner Driver to ensure that you have no received any direct payment. If following the audit or otherwise, it is clear that you gave received a direct payment from a Learner Driver, you agree that the Commission shall remain due on such direct payments. You shall promptly pay to us all such Commission due, together with the costs of the audit and enforcement of this Condition 6.2
6.3 Without prejudice to the provisions of Condition 6.2, if a Driving Instructor requests or receives a direct payment from a Learner Driver or otherwise has a separate monetary arrangement with a Learner Driver, then (a) the Driving Instructor's account will be immediately terminated; (b) the Driving Instructor will be banned from the Platform, and any other Drivio platform for an indefinite period; (c) the Driving Instructor will not be paid any outstanding amount held by us.
7. Platform Availability
7.1 We will use reasonable endeavours to maintain and make available to you the Platform available at all times. However, there may be occasions when access to the Platform may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
7.2 For the avoidance of doubt, we shall also not be liable if you are unable to access the Platform for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.
8. Disclaimer — Your attention is particularly drawn to these provisions
8.1 You agree that we do not warrant that any Driving Instructor shall be engaged to provide Lessons by a Learner Driver, or that the Learner Driver will attend the Lesson booked. If you wish to make a complaint about any review left on the Platform, please contact us. However, you acknowledge and agree that we do not monitor or edit any reviews and therefore are not liable for the content of a review.
8.2 We shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any direct or indirect losses you may suffer as a result of use of the Platform, including (a) loss of profit, anticipated profits or business; (b) loss of data; (c) loss of opportunity; (d) loss of revenue; (e) loss of goodwill or reputation; and/or (f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same). Our maximum liability to you under these Driving Instructor Terms shall be limited to the Commission retained during the previous 6 (six) months.
8.3 Nothing in these Driving Instructor Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
The Driving Instructor shall indemnify and keep indemnified and held harmless us and our directors from and against any costs, claims, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any claim or allegation from a Learner Driver or any third party relating to the acts or omission of the Driving Instructor, including ay content uploaded to the Driving Instructor's profile.
10. Termination or Suspension
10.1 We reserve the right to suspend or terminate the account of a Driving Instructor or a Learner Driver at any time and without liability (a) if any information that you provide to us is not true, ceases to be true, or we cannot verify or authenticate any such information; (b) you are in breach of these Driving Instructor Terms; (c) you are convicted of a criminal offence or act in any way that may bring us into disrepute; and/or (d) if we receive frequent complaints or disputes are frequently raised in relation to your activities on the Platform, including in relation to cancelled or non-attended Lessons.
10.2 Following termination by us of your Drivio account you must cease to use the Platform and you must not re-register on the Platform under any other name.
10.3 You may contact us at any time to terminate your Drivio account, and provided there are no outstanding sums due or payable, we shall delete the account within 10 days of receipt of such a notice.
11.2 If any provision of these Driving Instructor Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
11.3 Our failure to exercise or enforce any right or provision of these Driving Instructor Terms shall not constitute a waiver of such right or provision.
11.4 We may assign or otherwise transfer our rights and obligations in these Driving Instructor Terms to third parties at our sole discretion.
12. Additional Terms for Users who download the Drivio App (the "App") from Apple AppStore
12.1 We both acknowledge that these Driving Instructor Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the App Content.
12.2 The licence granted to you for the App is limited to a non- transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Driving Instructor Terms and Conditions.
12.3 We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Driving Instructor Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
12.4 We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Driving Instructor Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility
12.5 We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
12.6 We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
12.7 You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
12.8 We both acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Driving Instructor Terms, and that, upon acceptance of these Driving Instructor Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Driving Instructor Terms against you as a third-party beneficiary thereof.
Last updated: July 2019