Terms & Conditions

Driving Instructor Agreement

1. Parties

This Agreement is entered into between:

1.1. Learner Pass Pty Ltd ("LearnerPass"), a company duly incorporated under the laws of Australia; and

1.2. The individual Driving Instructor ("Instructor") who has registered on the LearnerPass platform and accepted these terms and conditions.

Each may be referred to as a "Party" and collectively as the "Parties".

2. Definitions

In this Agreement, unless the context otherwise requires:

2.1. "Agreement" means this Driving Instructor Agreement, including any schedules or annexures.

2.2. "LearnerPass Marketplace" means the online platform operated by LearnerPass that connects Instructors with Learners seeking driving instruction.

2.3. "Business Management Platform" or "BMP" means the suite of tools provided by LearnerPass for Instructors to manage bookings and payments for their private clients.

2.4. "Learner" means an individual seeking driving instruction through the LearnerPass Marketplace.

2.5. "Services" means the driving instruction services provided by the Instructor to Learners.

2.6. "Platform" means both the LearnerPass Marketplace and the Business Management Platform.

3. Key Disclosures

The Instructor acknowledges and agrees that:

3.1. LearnerPass may amend this Agreement or the features of the Platform at any time by providing written notice to the Instructor. Continued use of the Platform after such notice constitutes acceptance of the changes.

3.2. The Instructor's contact information, including but not limited to name, phone number, and email address, will be shared with Learners who book lessons through the Platform.

3.3. Fees paid to LearnerPass are generally non-refundable, except as explicitly stated in this Agreement or required by law.

3.4. LearnerPass's liability for data loss, platform unavailability, or other technical issues is limited as set forth in Section 14 of this Agreement.

3.5. LearnerPass's total liability under this Agreement is limited to either resupplying the Services or refunding the fees paid by the Instructor, at LearnerPass's discretion.

3.6. LearnerPass may terminate this Agreement with 30 days' written notice to the Instructor, as detailed in Section 15.

3.7. Nothing in this Agreement limits the Instructor's rights under the Australian Consumer Law.

4. Agreement Scope

4.1. This Agreement governs the Instructor's use of:

4.1.1. The LearnerPass Marketplace, an online platform designed to connect Instructors with Learners seeking driving instruction.

4.1.2. The Business Management Platform (BMP), a suite of tools provided by LearnerPass to help Instructors manage bookings and payments for their private clients.

4.2. By accepting this Agreement, the Instructor agrees to be bound by its terms in relation to both the LearnerPass Marketplace and the BMP.

5. Term

5.1. This Agreement commences on the date the Instructor accepts these terms by registering on the Platform.

5.2. The Agreement continues in force until terminated in accordance with Section 15 of this Agreement.

6. Relationship of Parties

The Instructor acknowledges and agrees that:

6.1. They are an independent contractor and not an employee, agent, partner, or joint venturer of LearnerPass.

6.2. LearnerPass's role is limited to:

6.2.1. Providing the Platform for connecting Instructors and Learners

6.2.2. Marketing the Platform and Services

6.2.3. Processing payments between Learners and Instructors

6.3. All agreements for driving instruction are made directly between the Instructor and the Learner. LearnerPass is not a party to these agreements.

6.4. LearnerPass is not responsible for the conduct of Instructors or Learners, including but not limited to:

6.4.1. The quality of instruction provided

6.4.2. Cancellations or no-shows

6.4.3. Any accidents or incidents during lessons

6.5. The Instructor is free to use other platforms and engage in other business activities, provided they do not violate the terms of this Agreement.

6.6. The Instructor is solely responsible for verifying the validity of each Learner's licence before commencing instruction.

6.7. LearnerPass does not conduct background checks on Learners and makes no representations about their suitability or ability.

7. Instructor Warranties

The Instructor warrants that:

7.1. They have met all qualifications and licensing requirements for driving instructors in their jurisdiction, including but not limited to:

   7.1.1. Holding a valid driving instructor's licence

   7.1.2. Maintaining any required certifications or accreditations

7.2. They have no health issues or medical conditions that would prevent them from safely providing driving instruction.

7.3. They have successfully passed all required criminal background checks and working with children checks.

7.4. There are no pending investigations, charges, or legal proceedings against them that could affect their ability to provide driving instruction.

7.5. All information provided to LearnerPass during the registration process and throughout the term of this Agreement is true, accurate, and complete.

8. Platform Usage

The Instructor agrees to:

8.1. Maintain the security of their username and password, and not share these credentials with any third party.

8.2. Use the Platform only for its intended purpose of managing driving instruction bookings and payments.

8.3. Keep all Learner data secure and confidential, using it only for the purpose of providing driving instruction.

8.4. Provide accurate information about their services, qualifications, and availability, and update this information promptly if any changes occur.

8.5. Not use the Platform for any illegal, fraudulent, or unauthorised purpose.

8.6. Not use the Platform to promote or advertise third-party products or services.

8.7. Comply with all applicable laws and regulations while using the Platform and providing Services.

9. Exclusivity and Reputation

The Instructor agrees:

9.1. Not to book or schedule Learners introduced through the LearnerPass Marketplace by any means other than the Platform, for the duration of this Agreement.

9.2. Not to engage in any activities that could damage LearnerPass's reputation, including but not limited to:

9.2.1. Making false or misleading statements about LearnerPass

9.2.2. Engaging in unprofessional conduct while representing themselves as a LearnerPass Instructor

9.2.3. Violating the LearnerPass Instructor Code of Conduct

10. Policies and Standards

The Instructor agrees to adhere to:

10.1. The LearnerPass Instructor Code of Conduct, as may be updated from time to time.

10.2. The LearnerPass Payment Policy, governing the processing and disbursement of payments.

10.3. The LearnerPass Privacy Policy, detailing how personal information is collected, used, and protected.

10.4. Any other policies or standards that LearnerPass may introduce or update, provided that the Instructor is given reasonable notice of such policies or updates.

11. Quality Assurance

The Instructor commits to:

11.1. Treat all Learners and LearnerPass staff with respect and professionalism at all times.

11.2. Maintain an accurate and up-to-date availability calendar on the Platform.

11.3. Arrive on time for all scheduled lessons, allowing for any necessary preparation time.

11.4. Maintain a professional appearance and ensure their vehicle is clean and presentable for all lessons.

11.5. Avoid any discriminatory, offensive, or inappropriate behavior towards Learners or LearnerPass staff.

11.6. Refrain from using mobile devices or consuming food or drink during lessons, except in emergencies or with the Learner's express permission.

11.7. Not accept direct payments or tips from Learners for services booked through the LearnerPass Marketplace.

11.8. Provide honest and constructive feedback about Learners' progress and abilities.

12. Insurance and Vehicle Requirements

The Instructor must:

12.1. Maintain appropriate professional indemnity and public liability insurance, with coverage limits as required by applicable laws and regulations.

12.2. Hold comprehensive car insurance that explicitly covers the use of the vehicle for driving instruction purposes.

12.3. Ensure their vehicle is:

12.3.1. Roadworthy and compliant with all relevant safety standards

12.3.2. Clean and well-maintained

12.3.3. Registered and insured as required by law

12.3.4. Equipped with fully functional dual controls

12.4. Provide LearnerPass with current copies of all insurance policies and vehicle registration documents upon request.

13. Certification and Tax Compliance

The Instructor agrees to:

13.1. Provide LearnerPass with valid and up-to-date copies of:

13.1.1. Driving instructor's licence

13.1.2. Regular driver's licence

13.1.3. Working with children check

13.1.4. Any other required certifications or credentials

13.2. Promptly notify LearnerPass of any changes to their licensing or certification status.

13.3. Comply with all applicable tax laws and regulations, including but not limited to:

13.3.1. Registering for Goods and Services Tax (GST) if required

13.3.2. Accurately reporting all income earned through the Platform

13.3.3. Paying all required taxes and superannuation contributions as required

13.4. Provide LearnerPass with a valid Australian Business Number (ABN).

14. Pricing and Fees

14.1. LearnerPass will suggest retail prices for Services based on location and market conditions. These suggested prices are not binding on the Instructor.

14.2. The Instructor may set their own prices for Services, provided that:

14.2.1. Prices do not exceed the suggested retail price set by LearnerPass

14.2.2. Any price changes are communicated to LearnerPass at least 7 days in advance

14.3. LearnerPass will charge the following fees:

14.3.1. A service fee, calculated as a percentage of the total lesson price

14.3.2. A payout processing fee for each payment made to the Instructor

14.3.3. A monthly account maintenance fee

14.4. The exact amounts of these fees will be specified in a separate Fee Schedule, which forms part of this Agreement.

14.5. LearnerPass may adjust its fee structure by providing the Instructor with at least 30 days' written notice.

15. Payment Terms

15.1. LearnerPass will collect payments from Learners on behalf of the Instructor.

15.2. Payments will be forwarded to the Instructor on a fortnightly basis, less applicable fees and any refunds or adjustments.

15.3. LearnerPass will provide the Instructor with detailed invoices for each payment, including a breakdown of lessons given and fees deducted.

15.4. The Instructor bears the risk of non-payment by Learners. However, LearnerPass will make reasonable efforts to collect payment on the Instructor's behalf.

15.5. LearnerPass reserves the right to withhold payment in cases of suspected fraud or violation of this Agreement, pending investigation.

16. Refunds and Dispute Resolution

16.1. LearnerPass may process refunds to Learners under the following circumstances:

16.1.1. The Instructor cancels a lesson with less than 24 hours' notice

16.1.2. The Instructor fails to appear for a scheduled lesson

16.1.3. The Learner cancels in accordance with LearnerPass's cancellation policy

16.1.4. Other circumstances as determined by LearnerPass in its reasonable discretion

16.2. The amount of any refunds processed may be deducted from future payments to the Instructor.

16.3. In the event of a dispute between the Instructor and a Learner, LearnerPass will:

16.3.1. Attempt to facilitate a resolution between the parties

16.3.2. Make a final determination if a resolution cannot be reached, which will be binding on both parties

17. Platform Management

17.1. The Instructor must maintain an up-to-date availability calendar on the Platform, ensuring it accurately reflects their capacity to provide Services.

17.2. LearnerPass reserves the right to terminate or suspend the Instructor's account if:

17.2.1. The Instructor repeatedly violates the terms of this Agreement

17.2.2. The Instructor receives consistently poor feedback from Learners

17.2.3. The Instructor's licensing or certification status changes

17.2.4. LearnerPass reasonably believes the Instructor's continued use of the Platform poses a risk to Learners or LearnerPass

18. Intellectual Property

18.1. The Instructor acknowledges that all intellectual property rights in the Platform, including but not limited to trademarks, copyrights, and patents, are owned by LearnerPass or its licensors.

18.2. The Instructor is granted a limited, non-exclusive, non-transferable license to use the Platform solely for the purposes outlined in this Agreement.

18.3. The Instructor agrees not to reverse engineer, decompile, or attempt to extract the source code of the Platform.

19. Confidentiality

19.1. The Instructor agrees to keep confidential all non-public information obtained through the use of the Platform or in the course of providing Services.

19.2. This confidentiality obligation survives the termination of this Agreement.

20. Limitation of Liability

20.1. To the maximum extent permitted by law, LearnerPass's liability under this Agreement is limited to:

20.1.1. Resupplying the Services; or

20.1.2. Refunding the fees paid by the Instructor for the relevant Services

20.2. LearnerPass is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.

21. Indemnification

21.1. The Instructor agrees to indemnify and hold harmless LearnerPass, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorney's fees) arising from:

21.1.1. The Instructor's breach of this Agreement

21.1.2. The Instructor's provision of Services to Learners

21.1.3. Any negligent or willful act or omission by the Instructor

22. Termination

22.1. Either Party may terminate this Agreement with 30 days' written notice to the other Party.

22.2. LearnerPass may terminate this Agreement immediately if the Instructor:

22.2.1. Breaches any material term of this Agreement

22.2.2. Engages in conduct that LearnerPass reasonably believes may damage its reputation

22.2.3. Loses their driving instructor's licence or other required certifications

22.3. Upon termination, the Instructor must:

22.3.1. Cease using the Platform

22.3.2.Complete any lessons already scheduled with Learners

22.3.3. Return or destroy any confidential information belonging to LearnerPass

23. Governing Law and Jurisdiction

23.1. This Agreement is governed by the laws of Australia.

23.2. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts of the relevant Australian State or Territory.

24. Entire Agreement

24.1. This Agreement, together with the LearnerPass Instructor Code of Conduct, Payment Policy, Privacy Policy, and any other documents expressly incorporated by reference, constitutes the entire agreement between the Parties.

24.2. This Agreement supersedes any prior agreements, understandings, or representations between the Parties, whether written or oral.

25. Severability

25.1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

26. Waiver

26.1. The failure of either Party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

27. Assignment

27.1. The Instructor may not assign or transfer any rights or obligations under this Agreement without the prior written consent of LearnerPass.

27.2. LearnerPass may assign its rights and obligations under this Agreement to any successor in interest or purchaser of its business.

28. Notices

28.1. All notices under this Agreement must be in writing and will be deemed given when:

28.1.1. Delivered personally

28.1.2. Sent by confirmed email

28.1.3. Sent by registered or certified mail

28.2. Notices to LearnerPass must be sent to Support Centre.

28.3. Notices to the Instructor will be sent to the email address provided during registration or as subsequently updated in the Instructor's account settings.

By registering on the LearnerPass Platform, the Instructor acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.