1.2 We reserve the right to update these Learner Driver 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 these Learner Driver Terms then you shall immediately stop accessing and/or using the Platform. If we reasonably believe that the change to these Learner Driver Terms is significant, we shall notify all registered users by email. Otherwise, updated the amendments to these Learner Driver Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Learner Driver 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 Learner Driver Terms, the following words have the following meanings:
Driving Instructor: an organisation or individual who has registered with us as a 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, you: an individual who has registered with us as Learner Driver;
Lesson: a driving lesson booked through the Platform;
Platform: the Drivio mobile applications and associated website; and
Platform Content: all materials and content including 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 Learner Driver 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 You do not need to register as a Learner Driver to use the Platform to search for a local Driving Instructor. However, if you wish to book a driving lesson on the Platform, you do need to register.
3.2 To register as a Learner Driver you must be (a) at least 18 years old; (b) legally capable of entering into a contract; and (c) hold a valid provisional car driving licence within the UK and/or the EU which allows the Learner Driver to drive under appropriate supervision in the UK. At our request, you shall provide evidence of your compliance with this Condition 188.8.131.52 Any reference to a statutory provision shall be a reference to such provision as may be updated or amended from time to time.You may provide personal data to us directly, or to us through our social media platforms.
3.3 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 email@example.com if you believe there has been any unauthorised use of your Drivio account.
4. Use of the Platform
4.1 You may use our Platform to search for and book a Lesson with a Driving Instructor and then to message the Driving Instructor. When you book the Lesson, we take payment of the Fee and your contact details will be passed to the Driving Instructor. You agree that on booking the Lesson you are entering into a contract with the Driving Instructor, and not with us, for the provision of the Lesson. If the Instructor has any terms and conditions for the provision of their services you agree that we are not a party to those terms. As a result, we are not responsible or liable to you in relation to the provision of a Lesson. We do not recommend or endorse any Driving Instructor or the quality of their Lessons.
4.2 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.
4.3 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 Site 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 Site Content without our permission.
5. Payment and Cancellation
5.1 You shall pay the Fee for each Lesson or block of Lessons as the case may be when you book. Payment is made through our payment service provider, Stripe. By making a booking you authorise Stripe and us to process payment of the Fee together with any payment processing charge imposed by Stripe.
5.2 If a Driving Instructor is for any reason unable to provide the Lesson, the Instructor shall immediately notify the Learner Driver by email or the Platform, and shall attempt to reschedule the Lesson. 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 or through the Platform.
5.3 If you wish to cancel or re-schedule a Lesson you shall immediately notify the Driving Instructor by email and you agree that the following refunds and charges are due:
-Cancellation notice on more than 48 hours before a Lesson — 100% refund of the Fee for the Lesson
-Cancellation notice on fewer than 48 hours but more 24 hours before a Lesson — 50% refund of the Fee for the Lesson
-Cancellation notice 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 the Driving Instructor shall be entitled to cancel the Lesson and no refund shall be due.
5.5 For the avoidance of doubt, the Driving Instructor should not request direct payment of any sums from the Learner. If a Driving Instructor does so request direct payment from a Learner, the Learner Driver shall promptly notify us at firstname.lastname@example.org accordingly.
6. Platform Availability
6.1 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.
6.2 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.
7.1 Within the Platform you may leave a review for a Driving Instructor. You warrant and represent that any review you post shall:
-be honest and properly reflect your experience (and not the experience of someone else) of a Lesson and again your interaction with the Driving Instructor;
-be deliberately misleading or confusing; and/or
-not relate to a family member;
-not breach the provisions of any law, statute or regulation including any data protection laws and/or regulations;
-not infringe the copyright or other intellectual property rights of any third party;
-not be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence; and
-not give rise to any cause of action against us.
7.2 We do not monitor or edit any reviews. However, we may remove a review at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 7.1.
7.3 If having left a review, If you wish to make a complaint about a Lesson, you should contact us by email and we shall take such action as we deem commercially reasonable. However, we do not promise to return the Fee to you.
8. Disclaimer — Your attention is particularly drawn to these provisions
8.1 You agree that we have no responsibility and/or liability for any errors or omissions in any content posted by a Driving Instructor. We accept no obligation to verify or review such content. Furthermore, we do not warrant that (a) any Learner Driver shall find a suitable Instructor; (b) a Driving Instructor will be suitable for your purposes, and in particular we do not warrant that a Driving Instructor will ensure that you pass your driving test in any particular number of Lessons. We have no liability for the actions of the Instructor.
8.2 We shall be liable to you only if we have acted negligently or in breach of these Learner Driver Terms, and we shall then be liable only for any loss or damage you suffer as a result if that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach, or would have been considered by you and us to be a likely consequence of it at the time you registered on the Portal.
8.3 Nothing in these Learner Driver 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.
9. Termination or Suspension
9.1 We reserve the right to suspend or terminate the account of a Learner Driver at any time and without liability.
9.2 Following termination by us of your Drivio account you must cease to use the Portal and you must not re-register on the Portal under any other name.
9.3 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. Termination of your account shall be deemed as a notice to cancel any outstanding Lessons in accordance with the provisions of Condition 5.3
10.2 If any provision of these Learner Driver 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.
10.3 Our failure to exercise or enforce any right or provision of these Learner Driver Terms shall not constitute a waiver of such right or provision.
10.4 We may assign or otherwise transfer our rights and obligations in these Learner Driver Terms to third parties at our discretion.
10.5 If you are a consumer and you have any complaint or wish to raise a dispute under these Learner Driver Terms or otherwise in relation to the Portal please follow this link http://ec.europa.eu/odr. These Learner Driver Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
11. Additional Terms for Users who download the Drivio App (the "App") from the Apple App Store
11.1. We both acknowledge that these Learner Driver 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.
11.2 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 Terms and Conditions.
11.3 We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
11.4 We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Learner Driver 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.
11.5 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.
11.6 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.
11.7 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.
11.8 We both acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Learner Driver Terms, and that, upon acceptance of these Learner Driver Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Learner Driver Terms against you as a third-party beneficiary thereof.
Last updated: July 2019