Terms & Conditions

Learner Terms and Conditions

1. Introduction

1.1. These Terms and Conditions ("Terms") govern the use of the LearnerPass platform ("Platform") by learner drivers ("Learners", "you", or "your").

1.2. Learner Pass Pty Ltd, ABN 66 673 553 154, ("LearnerPass", "we", "our", or "us") operates the Platform.

1.3. By using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

1.4. These Terms should be read in conjunction with our Privacy Policy and any other policies or guidelines posted on our Platform.

1.5. If you are under the age of 18, you must obtain parental or guardian consent before using the Platform. By using the Platform, you represent and warrant that you have obtained such consent.

2. Platform Description

2.1. The Platform is an online marketplace that facilitates connections between Learners and driving instructors ("Instructors").

2.2. LearnerPass does not provide driving instruction services directly. We are not a driving school or a provider of driving lessons.

2.3. All driving instruction services are provided by independent Instructors who are not employees, partners, or agents of LearnerPass.

2.4. While we vet Instructors, we do not control their conduct or the quality of their services. LearnerPass is not responsible for the actions or omissions of Instructors.

2.5. The Platform may include features such as lesson booking, payment processing, and review systems. We reserve the right to modify, add, or remove features at any time.

3. Account Registration

3.1. To use the Platform, you must create an account by providing the required information.

3.2. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.3. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password.

3.4. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

3.5. You must be at least 16 years old to create an account. If you are under 18, you represent that you have obtained parental or guardian consent to use the Platform.

3.6. We reserve the right to refuse registration of, or cancel, accounts at our discretion. You may not register for more than one account.

4. Booking and Payment

4.1. Lesson bookings are subject to Instructor availability. We do not guarantee the availability of any particular Instructor.

4.2. Rates for lessons are set by individual Instructors. LearnerPass does not control pricing.

4.3. All payments must be made at the time of booking through our secure payment system. We do not accept cash payments or direct payments to Instructors.

4.4. We accept a range of online payment methods through the Platform.

4.5. All fees are in Australian Dollars and include GST where applicable. You are responsible for any currency conversion charges that may apply.

4.6. By making a booking, you authorise us to charge the applicable fees to your chosen payment method if applicable.

4.7. Instructors will not be paid, and lessons will not be confirmed, until we have successfully processed your payment.

5. Cancellation and Refund Policy

5.1. Cancellations made more than 24 hours before the scheduled lesson start time are eligible for a full refund of the lesson fee.

5.2. Cancellations made less than 24 hours before the scheduled lesson start time, but more than 6 hours,  may be subject to a cancellation fee, determined by the Instructor, unless otherwise required by law.

5.3 Cancellations made less than 6 hours before the scheduled lesson start time are not entitled to refund, unless otherwise required by law.

5.4. LearnerPass reserves the right to issue refunds at its discretion in exceptional circumstances, such as Instructor cancellations, emergencies, or severe weather conditions.

5.5. To cancel a lesson, you must use the cancellation feature within the Platform. Notifying an Instructor directly does not constitute a valid cancellation.

5.6. Refunds will be processed as a credit to the Learner account.

5.7. If an Instructor cancels a lesson, you will receive a full refund regardless of when the cancellation occurs.

5.8. Repeated late cancellations or no-shows may result in restrictions on your account or termination of your access to the Platform.

6. Learner Responsibilities

6.1. You must hold a valid learner's permit for the relevant vehicle class for the duration of your lessons. It is your responsibility to ensure your permit is current and valid.

6.2. You must comply with all road rules, traffic regulations, and Instructor directions during lessons. Failure to do so may result in immediate termination of the lesson without refund.

6.3. You must not be under the influence of alcohol, drugs, or any substance that may impair your ability to drive safely. Instructors have the right to refuse or terminate a lesson if they reasonably believe you are impaired.

6.4. You must inform the Instructor of any medical conditions, medications, or other factors that may affect your ability to drive safely before the lesson begins.

6.5. You are responsible for any fines, penalties, or legal consequences resulting from your actions during a lesson.

6.6. You must arrive on time for your lessons. Instructors are not obligated to extend lesson time due to your late arrival.

6.7. You must treat Instructors with respect and follow their reasonable instructions during lessons.

7. Instructor Conduct

7.1. While we vet our Instructors and require them to meet certain standards, we are not responsible for their conduct during lessons.

7.2. If you experience any issues with an Instructor, including unprofessional behavior, unsafe driving practices, or failure to provide the agreed-upon services, please report it to us immediately through the Support Centre.

7.3. We will investigate all reported issues and take appropriate action, which may include removing the Instructor from the Platform.

7.4. We reserve the right to remove Instructors from the Platform at our discretion, with or without notice.

7.5. We do not guarantee the availability of any particular Instructor and may substitute Instructors if necessary.

8. Limitation of Liability

8.1. To the maximum extent permitted by law, LearnerPass is not liable for:

8.1.1. Any injury, loss, or damage arising from your use of the Platform or participation in driving lessons

8.1.2. Any acts or omissions of Instructors, including cancellations, delays, or quality of instruction

8.1.3. Any vehicle damage occurring during lessons

8.1.4. Any indirect, incidental, special, or consequential damages

8.1.5. Any loss of profit, revenue, data, or opportunity

8.1.6. Any failure or delay in providing the Platform due to circumstances beyond our reasonable control

8.2. Our total liability for any claim arising from these Terms is limited to the fees paid for the relevant lesson or, if greater, AUD $100.

8.3. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

9. Indemnification

9.1. You agree to indemnify and hold LearnerPass, its officers, directors, employees, and agents harmless from any claims, losses, liabilities, demands, damages, costs, and expenses (including legal fees), arising from or related to:

9.1.1. Your use of the Platform

9.1.2. Your violation of these Terms

9.1.3. Your violation of any rights of a third party, including Instructors

9.1.4. Your violation of any applicable laws or regulations

9.2. This indemnification obligation will survive the termination of your account or your use of the Platform.

10. Intellectual Property

10.1. All intellectual property rights in the Platform, including but not limited to copyrights, trademarks, trade names, and software, are owned by or licensed to LearnerPass.

10.2. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Platform for its intended purpose in accordance with these Terms.

10.3. You must not:

10.3.1. Copy, modify, distribute, sell, or lease any part of the Platform

10.3.2. Reverse engineer or attempt to extract the source code of the Platform

10.3.3. Use any automated means or interface not provided by us to access the Platform or to extract data

10.3.4. Remove any copyright, trademark, or other proprietary rights notices contained in or on the Platform

10.4. Any feedback, comments, or suggestions you may provide regarding the Platform is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you.

11. Privacy

11.1. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11.2. By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

11.3. You acknowledge that the Platform may use location-based services and agree to the collection and use of your location data as described in our Privacy Policy.

12. Termination

12.1. We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice.

12.2. You may terminate your account at any time by contacting us through the designated method on the Platform.

12.3. Upon termination:

12.3.1. You will lose access to the Platform and any unused credits or bookings

12.3.2. We may delete your account information and any content associated with your account

12.3.3. Sections of these Terms that, by their nature, should survive termination will remain in effect

12.4. We are not liable to you or any third party for any termination of your access to the Platform.

13. Modifications to Terms

13.1. We reserve the right to modify these Terms at any time at our sole discretion.

13.2. We will notify you of any material changes to these Terms via email or through a prominent notice on the Platform.

13.3. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

13.4. If you do not agree to the modified Terms, you must stop using the Platform.

14. Governing Law and Jurisdiction

14.1. These Terms are governed by the laws of Australia, without regard to its conflict of law principles.

14.2. Any disputes arising from these Terms or your use of the Platform will be subject to the exclusive jurisdiction of the courts of Australia.

14.3. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

15. Severability

15.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

15.2. If possible, the invalid provision will be modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent.

16. Entire Agreement

16.1. These Terms constitute the entire agreement between you and LearnerPass regarding the use of the Platform.

16.2. These Terms supersede any prior agreements, understandings, or representations between you and LearnerPass, whether written or oral, regarding the subject matter of these Terms.

16.3. No modification of these Terms will be effective unless it is in writing and signed by both parties or posted by LearnerPass on the Platform.

17. Assignment

17.1. You may not assign or transfer these Terms, in whole or in part, without our prior written consent.

17.2. We may freely assign or transfer these Terms without restriction. We may also substitute, by way of unilateral novation, effective upon notice to you, LearnerPass with any third party that assumes our rights and obligations under these Terms.

18. No Waiver

18.1. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

18.2. No waiver of any provision of these Terms will be effective unless it is in writing and signed by the party granting the waiver.

19. Notices

19.1. Any notices or other communications provided by LearnerPass under these Terms, including those regarding modifications to these Terms, will be given:

19.1.1. Via email; or

19.1.2. By posting to the Platform.

19.2. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

20. Contact Information

20.1. If you have any questions about these Terms, please contact us through our Support Centre. 

20.2. Our customer support team is available to assist you with any queries or issues related to the Platform.

By using the LearnerPass Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.