Learner Driver Terms and Conditions | EzLicence

Learner Driver Terms and Conditions


Parties

This Agreement is between –

  1. EzLicence; and
  2. the Learner who has signed up to the EzLicence platform in accordance with these Terms and Conditions.

    OPERATIVE PROVISIONS

    Term of Agreement

  1. This Agreement commences on the day the last party accepts this Agreement digitally and terminates when an Event of Termination takes place.

    2. Capacity

  2. The Learner warrants and agrees that they have a current and valid provisional driving licence or any other driver’s licence type that legally allows them to drive under supervision in the United Kingdom.
  3. This Agreement automatically terminates if a Learner ceases to hold or is found not to have a valid or current Provisional Driving Licence or another driver’s licence type that has not been suspended and that lawfully allows them to drive. This is considered an essential term by EzLicence.

    4. Relationship of the Parties

  4. The Learner acknowledges and agrees that –
    1. they are directly engaging a Driving Instructor, who is at all times acting as an independent contractor to schedule, arrange and give driving instruction services;
    2. EzLicence, and the EzLicence website, is the conduit between Driving Instructors and Learners;
    3. any agreement to undertake bookings is between the Learner and the independent Driving Instructor, to which EzLicence is not a party;
    4. the Driving Instructor is independent of EzLicence and is not an agent, employee, contractor or subcontractor of EzLicence, and EzLicence is not liable or responsible for the conduct, acts or omissions of the Driving Instructors; and
    5. EzLicence does not itself check or carry out searches or due diligence on Driving Instructors. Learners are always responsible for and obliged to take all reasonable precautions in relation to their personal and property 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 consequence of booking or attending a booking with a Driving Instructor.

    5. Description of Services

  5. A Learner agrees that they may use the EzLicence website in a variety of ways, including but not limited to –
    1. indicating their personal preferences on the EzLicence website; and
    2. browsing a selection of Driving Instructors on the EzLicence website.
  6. A Learner can compare Driving Instructors by, including but not limited to –
    1. experience;
    2. price;
    3. vehicle details;
    4. availability;
    5. ratings; and
    6. location.
  7. A Learner may select a Driving Instructor based on their preferences.
  8. EzLicence may add new products, change existing products or remove products from the EzLicence website as required from time to time.

    9. Agreement by Learners

  9. The Learner warrants and agrees that they have –
    1. read and understood and consent to be bound by this Agreement; and
    2. a current and valid Learner Driving Permit or other licence type that legally allows them to drive in the United Kingdom pursuant to clause 2.1.
  10. If you are the parent or guardian of a Learner aged 17 years or younger, you are the financial guarantor of the Learner for their liabilities and obligations as set out in this Agreement and this Agreement binds you and the Learner jointly and severally.
  11. If you are the agent or service provider or person acting on behalf of, a Learner aged 18 years or older you guarantee that the Learner consents to be bound by this Agreement according to clause 9.1 above, and this Agreement binds you and the Learner jointly and severally.

    12. Learner’s Use of EzLicence Website

  12. The Learner agrees to the following conditions –
    1. to use their own username and password, and not to ‘borrow’ another user’s details, to access and use the EzLicence website;
    2. not to divulge their username or password to any one or allow others to use it on their behalf;
    3. only to use the EzLicence website for its intended purpose to connect Driving Instructors with Learners, and in particular the Learner agrees that EzLicence is –
      1. a third party provider and acts as a matching service between Driving Instructors and Learners; and
      2. not responsible for the accuracy of a Driving Instructor’s information displayed on the EzLicence website;
    4. that information they have provided is current, true and correct;
    5. to amend their details as soon as their circumstances change;
    6. not to use the EzLicence platform except for as provided for in this Agreement, including not to disseminate hate speech or similar views or any other illegal activities or purposes;
    7. not to use the EzLicence website to access other accounts, data or information from other EzLicence website users;
    8. not to use the EzLicence platform to promote any third parties or other commercial interests; and
    9. not to interrupt the operation or programming structure of the EzLicence website, or attempt or encourage anyone else to do so.

    13. Warranty

    EzLicence agrees that its products come with guarantees under the Consumer Rights Act 2015 that cannot be excluded under this Agreement.

  13. EzLicence guarantees that its services to the Learner will be rendered with due care and skill, be fit for purpose, and be supplied within a reasonable time.
  14. The Learner acknowledges and accepts that the services of EzLicence are strictly limited to those set out in clauses 4 - 8 (inclusive).
  15. To the maximum extent permitted by law, EzLicence’s liability to the Learner for a breach of clauses 13 and 14 is limited at the absolute discretion of EzLicence to –
    1. the re-supply of its services, or
    2. payment of the cost of having those services supplied again.

    16. Fidelity

  16. The Learner agrees not to do any acts or omit to do things that damages or may damage the reputation of EzLicence.

    17. Bookings

  17. The Learner agrees to comply with the following rules, which, include, but are not limited to, –
    1. arriving punctually at bookings with Driving Instructors;
    2. following all instructions of the Driving Instructor;
    3. acting safely, being aware of risks, and not putting people or property in danger (including motor vehicles);
    4. being respectful to Driving Instructors;
    5. not using a mobile phone or similar electronic device while undertaking bookings;
    6. not offering money, tips, or other types of bribes to Driving Instructors;
    7. not encouraging a Driving Instructor, or accepting an offer by a Driving Instructor, to personally undertake bookings with that Driving Instructor outside of, or separate from, the EzLicence platform;
    8. taking reasonable steps to mitigate loss; and
    9. indemnifying EzLicence against loss (pursuant to clauses 40 and 41).

    18. Tax Compliance

  18. The Learner agrees to pay any applicable taxes when transacting through the EzLicence website or any associated websites.

    19. Learner Payment Terms

  19. The Learner agrees to the EzLicence Payment Policy, in force from time to time, as currently set out in Schedule 1.
  20. The Learner acknowledges and agrees that –
    1. they are immediately liable to pay for driving bookings and payment will be processed immediately when a booking is made; and
    2. when they enter their respective credit or debit card details, they are authorised to use that card for the transaction.
  21. When a Learner pays for a booking, a credit or credits will be issued to that Learner for the value of each booking purchased which will be held on account by EzLicence. Credits issued or arising under this clause 22 or clauses 30 or 33.1 –
    1. are non-refundable, non-transferrable, and may not be assigned to or used by any other person other than the Learner to which the credit has been issued;
    2. must be used to purchase a booking, or refunded according to clause 26, within 36 months of the date of the Learner making payment, after which time it will expire and be forfeited to EzLicence, who –
      1. at that time, will have clear and absolute title to those forfeited credits; and
      2. on request of the Learner, and if the expired credit is for an amount more than,£250.00 will issue to the Learner a tax invoice for the amount forfeited to EzLicence; and
    3. EzLicence is entitled to use payments for all credits held on account for Learners and Driving Instructors for any purpose and at any time while those credits are being held on account by EzLicence.
  22. EzLicence can refuse a payment if it believes that –
    1. the credit or debit card holder did not authorise a transaction;
    2. a transaction is considered fraudulent or suspicious; or
    3. in any other circumstances as determined at the sole discretion of EzLicence.
  23. Learners agree that Driving Instructors, and not EzLicence, bear all risks associated with any fraudulent or unauthorised payments made by a Learner.
  24. A Learner who signs up for an EzLicence account also agrees to –
    1. the current Stripe payment terms and conditions; and
    2. the current PayPal terms and conditions

    25. Refunds

  25. Refunds for bookings that have been validated by a Driving Instructor will be provided according to the Payment Policy at clauses 13 to 15.

    26. Promotions by third parties

  26. The Learner agrees that EzLicence may issue reward cards, gift cards, vouchers or promotional cards in connection with third party offers or services to Learners from time to time, at the sole discretion of EzLicence.
  27. It is the sole responsibility of the Learner to read and understand the relevant terms and conditions of the provider (which may not be EzLicence) of the promotions or offers referred to in clause 27 above.

    28. Policies

  28. The Learner warrants that they have read and understood the following documents:
    1. the EzLicence Payment Policy;
    2. the EzLicence Privacy Policy; and
    3. any other documents as reasonably required by EzLicence from time to time.

    29. Booking Cancellation/Rescheduling Fee

  29. If the Learner cancels or reschedules more than 48 hours before a booking, the Learner will be issued a credit by EzLicence for 100% of the value of the booking fee.
  30. If the Learner cancels or reschedules 48 hours or less before the booking is due to start, or in a ‘no show’ event, then –
    1. Driving Instructor will be entitled to charge the Learner for the total price of that booking; and
    2. Learner acknowledges and agrees that the fee for cancellation or rescheduling referred to in clause 31.1, being the total price of the booking, is not excessive and relates to the reasonable costs and expenses incurred by EzLicence and the Driving Instructor.

    31. Booking Cancellation/Reschedule by Driving Instructor

  31. If a Driving Instructor cancels a booking at any time before that booking, a Learner may choose to find a replacement Driving Instructor to make an alternative booking.
  32. If, and only if, a replacement Driving Instructor is not available (referred to in clause 32), EzLicence will provide, at the Learner’s option:
    1. a credit in accordance with clause 22; or
    2. a refund to the cardholder,
    for the value of 100% of the booking.

    33. Costs

  33. The Learner agrees that EzLicence may alter its booking fees, or other fees as the case may be, from time to time and at its discretion, and –
    1. the price per booking fluctuates and is determined by the individual Driving Instructor, and is based on a number of factors as set out in the EzLicence Payment Policy;
    2. the Learner will be notified of all booking charges and additional fees at the point of booking and be required to accept such booking charges and additional fees before payment is made;
    3. the Learner will be given 7 days’ notice (by means of a website notice or similar notice or announcement) if a substantial increase in booking charges or additional fees; and
    4. any payment made pursuant to a booking prior to the change in booking charges and additional fees referred to in clause 3 above will remain unaffected by any such increase.
    5. EzLicence reserves the right to adjust its fees accordingly at its own discretion. This includes discount offers and any booking fees it may wish to charge in the future.

    34. Events of Termination

  34. The Learner agrees that EzLicence may restrict, suspend or cancel the Learner’s registration on the EzLicence website immediately after providing Written Notice in a number of circumstances which include but are not limited to:
    1. where a Learner breaches this Agreement;
    2. where a Learner has broken the law, including where the Learner has been charged with or has been convicted of a criminal offence;
    3. where a Learner is no longer a licensed driver or not otherwise permitted by law to be a licensed driver;
    4. where a Learner is the subject of proceedings relating to a motor vehicle accident; and
    5. in any other circumstances as determined at the sole discretion of EzLicence.
  35. The Learner agrees that if they fail to perform their obligations under this Agreement and do not rectify the fault within 14 days after being provided notice of such breaches, EzLicence may restrict, suspend or cancel a Learner’s registration on the EzLicence website by giving Written Notice to the Learner.
  36. The Learner agrees that they may terminate this Agreement by de-registering their account on the EzLicence website at any time and that in this event EzLicence are entitled to keep any outstanding credit balance.

    37. MISCELLANEOUS

    Confidentiality

  37. Learners agree that they are not to use Driving Instructor information except for the express purpose of undertaking or organising bookings

    38. Indemnity

  38. Learners agree to indemnify and protect EzLicence against any actions, damages, claims, or demands including through negligence which occur as a result or in relation to their actions or omissions.
  39. These clauses 39 and 40 survive the termination of this Agreement.

    40. Privacy

  40. EzLicence and Driving Instructors agree to adhere to UK GDPR, EU GDPR and all other applicable data protection legislation governing the use of data from time to time in force (if applicable) and that the EzLicence Privacy Policy forms part of this Agreement.
  41. Learners agree that EzLicence may collect and use Learners information and personal data for marketing purposes and for the provision of services through or by the EzLicence website.
  42. Learners agree that EzLicence may collect their name, location and address, contact details, age, gender, and financial information.
  43. Learners agree and understand that they may obtain access to personal information that EzLicence has on record by submitting a support request via https://support.ezlicence.co.uk/hc/en-gb/requests/new.

    44. Intellectual Property

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

    45. Force Majeure

  45. Both parties agree that neither EzLicence nor Learners 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 these Terms and Conditions 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. In the event of a force majeure event reasonable measures will be taken to accommodate an equivalent booking for a future date where appropriate.

    46. Arbitration

  46. The parties agree that if any dispute arises between a Learner and EzLicence, the dispute can be managed in ways that include but are not limited to –
    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:
    2. to hire a mediator to mediate over the dispute;
    3. the mediation can take place via video conference; and
    4. the mediator agrees to follow the mediation procedure set out by the Centre for Effective Dispute Resolution (CEDR). A copy of the mediation rules may be accessed at this website: https://www.cedr.com/wp-content/uploads/2022/05/CEDR-Model-Mediation-Procedure-May-22.pdf
    5. if the mediation process fails, the parties agree to refer the matter to an arbitrator in accordance with the following procedures:
    6. the arbitration can be conducted by a single arbitrator agreed by the parties;
    7. if the parties are unable to agree on the arbitrator within 14 days, the arbitrator is to be appointed by the;
    8. the arbitration will be conducted in accordance with the the London Court of International Arbitration.
    9. the parties agree that the decision of the arbitrator is binding on the parties; and
    10. the parties agree to share the costs of a mediation or arbitration.

    47. No Waiver

  47. The parties agree that a failure or delay by EzLicence in exercising a right does not constitute a waiver of EzLicences rights to pursue an action.

    48. No Assignment of Agreement

  48. The Learner agrees that they are not allowed to sell, transfer, assign, sub-lease or transfer this Agreement to anyone else.

    49. Modification of Agreement

  49. The parties agree that EzLicence may change this Agreement from time to time with notice to the Learner according to clause 51 below, such that:
    1. a Learner who continues to use the EzLicence website is considered to have accepted the new terms as updated from time to time; and
    2. it is the responsibility of the Learner to read through the amended Terms and Conditions as required from time to time.

    50. Notice

  50. The parties agree that any Notices provided under this Agreement may be provided by:
    1. Email or SMS;
    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.

    51. Severability

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

    52. Governing Law

  52. This Agreement is governed by the laws of England and Wales. The parties submit to the non-exclusive jurisdiction of the English courts. in England and Wales.

    53. Entire Agreement

  53. This Agreement represents the entire agreement between the parties, along with any documents referred to herein, and supersedes any previous understandings or agreements, whether oral or written.

    54. Definitions

  54. 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;

    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 35. – 37.

    EzLicence means EzLicence UK Ltd;

    Learner means a person who has made a booking through EzLicence;

    Payment Policy means the EzLicence Payment Policy;

    Policies means the Payment Policy and the Privacy Policy.

    Privacy Policy means the EzLicence Privacy Policy;

    Provisional Driving Licence means the licence that a person who is at least 15 years and 9 months years old who had successfully met all of the requirements to be issued a provisional licence permit allowing them to drive at 17 while being supervised by a qualified supervising driver;

    Written Notice includes notification given by email or SMS.

    55. Interpretation

  55. 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 in force from time to time.

    56. SCHEDULE 1 - EzLicence Payment Policy

    The EzLicence Payment Policy can be accessed at https://support.ezlicence.co.uk/hc/en-gb/articles/23488271883545-EzLicence-Payment-Policy


    SCHEDULE 2 - EzLicence Privacy Policy

    The EzLicence Privacy Policy can be accessed at https://support.ezlicence.co.uk/hc/en-gb/articles/23434317020953-UK-Privacy-Notice