Driving Lessons - Terms and Conditions

1. General Conditions:

1.1 Driving lessons are provided by ExceLerate Driving School Pty Limited (herewith also known as EDS Pty Limited ABN of 4271 7084 584) located at 7/19 Barwen St East Ballina NSW 2478) or by its contracted instructors. Where EDS is the provider, these terms govern the agreement between the participant (""you"") and EDS. Where an instructor is the provider, that instructor provides the lessons in its own right, and these terms govern your agreement with the instructor. EDS or the instructor (as the case may be) is referred to as ""we"", ""our"" and ""us"" in these terms and conditions. By booking a driving lesson or lessons as part of EDS Excelerate Driving School Program (""Program""), you accept these terms and conditions (""Terms"").

1.2 These Terms may be varied from time to time and will be updated on the website at www.exceleratedrivingschool.com.au. You will be bound by the Terms you accept at the time of booking your lesson. If you book more than one lesson at the same time, the terms and conditions applicable at the time of booking will apply to each lesson booked at that time.

1.3 By registering with EDS Excelerate Driving School, you consent to receive further communications (including electronic communications) from the EDS Group, including EDS Excelerate Driving School, and its franchisees. Your information will be treated in accordance with the EDS Privacy Policy.

2. Lesson Bookings:

2.1 Lessons must be booked via one of the following channels authorised by us:

a. Excelerate Driving School website www.exceleratedrivingschool.com.au.

b. Excelerate Driving School on 0419 031 971.

c. Excelerate Driving School contracted instructor or representative.

2.2 Standard lesson bookings can be made up to 8 hours prior to lesson time pending instructor availability. Lesson must be paid for prior to the lesson commencement or as otherwise agreed with the instructor.

2.3 We offer a variety of lesson products, however the accessibility of these products are dependent on the student's skill level and experience.

3. Payment Conditions

3.1 All bookings must be paid for in full prior to the commencement of the lesson unless otherwise agreed with the instructor.

3.2 We accept credit/debit cards (Visa, Mastercard via our secure payment gateway or PayPal).

Any other payment methods need to be approved with your instructor at least 48 hours prior to the lesson.

3.3 We reserve the right to offer certain lesson and package types where additional booking and refund restrictions may apply. If any additional booking or refund restrictions do apply, we will notify you at the time any offer is made.

3.4 By booking a lesson, you warrant to us that you are 18 or more years of age or otherwise possess legal parental or guardian consent or that you are authorised and able to make payment in the manner selected by you. You also warrant to us that all information given by you to us through any booking channel (including your name, contact and address details) is correct.

4. Fees and cancellations/rescheduled bookings:

4.1 You must give more than 24 hours’ notice to cancel a lesson booking or your lesson fee will be forfeited. Once your request has been processed, you can expect to see the refunded amount in your account within 7 business days.

4.2 You must give more than 18 hours’ notice to reschedule a lesson booking. If a booking is rescheduled by providing less than 18 hours’ notice the lesson fee will be payable unless otherwise agreed to by your Instructor.

4.3 We reserve the right to reschedule a lesson subject to the provision of reasonable notice. We reserve the right to refuse to provide a lesson where you are unfit to operate a vehicle as reasonably determined by us.

5. Promotions, Discounts & Free tuition:

5.1 Any discounts or free lesson are not transferrable or redeemable for cash.

5.2 Promotions at times we may run varying promotions and in certain cases additional or different rules may apply. If additional or different rules do apply, we will notify you at the time of the promotion.

6. Vouchers:

6.1 Are non-refundable, not redeemable for cash. They are not transferrable and cannot be resold. Cancellation and promotional conditions apply.

7. Lessons:

7.1 On-road lessons commence and end at the pre-determined pick-up point, determined at the time of booking the lesson or as changed in consultation with your Instructor. The duration of a standard on-road lesson is one hour, including lesson briefing and de-briefing, (excluding the first lesson - see clause 9.2). Lesson duration can be longer than one hour as required and as booked prior to the lesson commencement.

8. Provision of Lessons:

8.1 You must hold a current NSW/ACT driving licence (Class C LRN or C) or equivalent overseas licence and carry it with you at all times during a lesson.

8.2 The duration of the first standard on-road lesson will be at least 90 minutes, which includes briefing and/or debriefing time.

8.3 You must not wear high heels, thongs or other footwear which, in the opinion of the instructor may cause safety concerns with the foot controls. A flat, enclosed and secure shoe is recommended.

8.4 Mobile phones must be switched off prior to entering the driving simulator or training vehicle.

8.5 For on-road lessons, you must be ready to commence the lesson 5 minutes prior to the agreed time. If you do not turn up at the agreed time for your lesson, your instructor will wait 10 minutes and may, at the instructor's reasonable discretion deduct this from the total lesson time. If you turn up outside these times, your instructor may, in his/her reasonable discretion choose not to proceed with the lesson and in such circumstances you will be liable for the cost of the lesson.

8.6 While every endeavour is made to commence the lesson at the scheduled time and with the scheduled instructor, no responsibility can be taken for circumstances beyond our control which may delay the start time or result in a change of instructor. If there are circumstances beyond our control which have delayed the start time of your lesson, we will offer you the full lesson time or, if that is not possible, we will offer you a lesson at another time.

8.7 You must comply with the instructions or directions of your instructor at all times, before or during a lesson.

8.8 We reserve the right to terminate a lesson if:

a. you engage in any behaviour that your instructor determines is reckless; or

b. you fail to comply with the instructions or directions of your instructor before or during a lesson; or

c. you fail to comply with any special conditions on your license, i.e. wearing of glasses/contacts; or

d. your instructor has assessed your driving skills and competence and deems you to be unfit or unsafe to drive (see section 11 ""Fitness to drive""below).

In the event that a lesson is terminated under the circumstances listed above you will be required to pay the full cost of the terminated lesson.

8.10 Your instructor will only present you to the Transport for NSW (NSW) if they deem you competent to sit your driving test.

8.11 You will only be presented to sit your NSW licence test once you have booked the correct Licence Test lesson type and provided your test time and registry location."

9. Vehicles:

9.1 Use Of Own Vehicle: If you are driving in your own vehicle, your instructor must first assess that your vehicle is roadworthy (only a basic external inspection will be carried out) and the following requirements must be met in relation to your vehicle:

a. the registration of your vehicle is valid, current and can be validated.

b. you hold current compulsory third party insurance and comprehensive insurance cover for your vehicle.

c. the tyres are correctly inflated (air pressures must reflect the manufacturer's recommendation as a minimum), have appropriate levels of tread and are not damaged.

d. all indicators and brake lights are working.

e. seats and seat belts are in good working order and are not damaged or twisted.

f. any loose items in the cabin of the vehicle are stowed in the cargo (boot) area.

g. the windows and interior are clean.

h. the windscreen is not cracked and shows no signs of damage.

i. the vehicle has sufficient petrol to last the course of the lesson (minimum requirement - a quarter of a tank).

9.2. Instructor Supplied Vehicle: On-road driving lessons are provided in automatic transmission vehicles but lessons can be provided in a clients’ provided manual vehicle.

9.3. Instructor supplied vehicles may contain global positioning and monitoring systems with the capacity to identify the location of the vehicle and the manner in which it is operated.

10. Fitness to drive:

10.1 In the interests of safety, your instructor may assess your driving skills and competence at any time throughout the course of the Program.

10.2 If necessary, your instructor may refer you to another instructor or to a supervisor for further assessment of your driving skills.

10.3 If at any time you are assessed as unfit or unsafe to drive during a lesson, your instructor may terminate the lesson immediately and may assume control of the vehicle.

11. Limitation of Liability, insurance:

11.1 Certain State and Commonwealth legislation, including the Consumer and Competition Act 2010 (Cth), imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. Otherwise we exclude all conditions and warranties which may be implied by law.

11.2 To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, is restricted, our option, to:

a. the re-supply of the lessons; or

b. the payment of the cost of having the lessons re-supplied."

11.3 Except for any liability which cannot be excluded by law or that is caused by our negligence, we or our contractors and agents shall not be liable for any loss, damage or liability whatsoever which is suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained as a result of:

a. you participating in a lesson as part of the Program; or

b. your failure or refusal to follow an instruction or direction of your instructor before or during a lesson; or

c. you being assessed by your instructor as an unfit or unsafe driver; or

d. your instructor terminating a lesson in any of the circumstances set out in clause 9.8 or 11.3; or

e. you continuing to drive after you have been assessed as unfit or unsafe to drive by your instructor; or

f. your vehicle being assessed by your instructor as being unsafe to drive and/or un-roadworthy.

11.4 You indemnify and agree to keep us and our related bodies corporate and our and their officers, employees, contractors, franchisees and agents indemnified against any loss, damage, liability, costs and expenses in connection with your breach of these terms and conditions or any other legal obligation by you.

11.5 Neither we nor our driving instructors accept any liability whatsoever for personal property that is left in any instructor supplied vehicle, driving simulator, your vehicle or on our premises.

11.6 If driving lessons take place in your own vehicle, you warrant that you are covered by compulsory third party insurance and that your vehicle is covered by comprehensive insurance.

11.7 We do not accept any responsibility whatsoever for the outcome of any driving test or assessments you take.

12. Privacy:

12.1 Excelerate Driving School collects your personal information in order to provide lessons to you and to assess your driving skills and to assist in internal administration and operations including accounting, risk management, record keeping, archiving, systems development and testing, and staff training. Excelerate Driving School may use and disclose your personal information to related bodies corporate of the EDS Group and to its franchisees for these purposes. Franchisees may use and disclose your personal information to EDS Excelerate Driving School and its related bodies corporate for these purposes.

By booking a lesson you consent to receive further communications (including electronic communications) from the EDS Group, including Excelerate Driving School, and its franchisees in accordance with the EDS privacy policy at www.exceleratedrivingschool.com.au. For more information on how EDS Excelerate Driving School deals with your personal information view the EDS privacy policy.

13. Vouchers:

1. Available to EDS clients only.

2. The current member offer is as follows: Where you purchase a 5-hour voucher you will receive 5% discount off the total cost of the voucher. Where you purchase a 10-hour voucher you will receive 10% discount off the total cost of the voucher. Where you purchase a 15-hour voucher you will receive 15% discount off the total cost of the voucher.

3. These lesson vouchers are to be used for one hour ongoing or refresher lessons only.

4. Where you purchase a 5-hour voucher, you will receive 5% discount off the total cost of the voucher.

5. Where you purchase a 10-hour voucher, you will receive 10% discount off the total cost of the voucher.

6. Where you purchase a 15-hour voucher, you will receive 15% discount off the total cost of the voucher.

7. The usual price of a 1x1 driving lesson is $75.00

8. Member offers are subject to change. Notice will be provided of such change online.

9. The offer is not available in conjunction with any other offer or discount.

10. Lessons are non-transferable and non-redeemable for cash.

11. Lessons are subject to availability.