Hunter Learn 2 Drive Policies

Terms and Conditions for bookings with Hunter Learn 2 Drive

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Effective Date: 5 March 2025

 

These terms and conditions govern your use of services provided by Hunter Learn 2 Drive ("we," "our," or "us") for driving lessons, training, and any other related services in New South Wales, Australia. By booking a driving lesson or engaging with us in any way, you agree to these terms and conditions.

 

1. General Provisions

 

1.1 Booking Lessons: All lessons must be booked through our official website, over the phone, or via any other method approved by us. A booking will be confirmed once payment or deposit is received.

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1.2 Eligibility: To enrol in driving lessons, you must hold either:

(a)       a valid Learner’s Permit issued by Service NSW; or

(b)       a valid international driver’s license issued by a licensing authority recognised by Service NSW and have entered Australia no more than six (6) months prior to the date of lesson.

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1.3 International licences: Students are responsible for ensuring that their international driver’s licence is accepted for use in New South Wales. In the event you arrived in Australia more than six (6) months prior to the date of the driving lesson, you must hold a valid NSW Learner’s Permit.

 

1.4 Age Requirement: Students must be at least 16 years old to take driving lessons with Hunter Learn 2 Drive.

 

1.5 Health and Fitness: You confirm that you are in good physical and mental health and are capable of operating a motor vehicle safely. You must inform us of any medical conditions or impairments that may affect your ability to drive.

 

1.6 Right to Refuse Service: We reserve the right to refuse to accept a booking or conduct or continue a lesson for any lawful reason, including but not limited to the following:

• the student failing to produce a valid driver’s licence or learner’s permit for use in NSW;

• the booking address being located outside of our service area as listed on our website;

• the student appearing to be under the influence of drugs or alcohol or otherwise being unfit to drive;

• the instructor believes the student is behaving in a manner which is dangerous or aggressive, or the student otherwise fails to follow the instructor’s directions;

• the student or their carers being rude or disrespectful to any of our staff;

 

In the event service is refused on one of these grounds, no refund of the booking fee will be issued.

 

1.7 Booking Details: You are responsible for ensuring that the booking address you nominate is within our service area as listed on our website. You are also responsible for ensuring that the booking address is correct and that you are available at that address at the start of your lesson booking time. Our instructor will attend at the address you have nominated at the time of booking unless you advise us at least 24 hours’ prior to the lesson start time of any amendment to the booking address. In the event the address details you have provided are incorrect, Hunter Learn 2 Drive reserves the right to regard the lesson as a No-Show and subject to clause 4.5 hereof.

 

2. Payment & Fees

 

2.1 Lesson Fees: All fees for driving lessons are as outlined on our website or as agreed upon at the time of booking. Fees are subject to change and we will notify you of any adjustments.

 

2.2 Payment Method: Payment for lessons can be made online via credit or debit card. Payment must be received before the lesson takes place unless otherwise agreed upon.

 

2.3 Refund Policy: Refunds for lessons will only be given in the case of cancellations or rescheduling as outlined below. We do not provide refunds for lessons already completed.

 

2.4 Late Payment: If payment is not made prior to or at the time of the lesson, we reserve the right to cancel or reschedule the lesson.

 

2.5 Refunds: Refunds must be made back to the credit or debit card from which the original payment was made. In the event a single use credit card was used to make the original payment, the student is responsible for any follow up required with the financial institution who issued the card.   

 

2.6 Refunds after 12 months: We reserve the right to refuse to refund booking fees paid in the event there has been no meaningful attempt made by the student to schedule lessons or contact us within the preceding twelve (12) months in regard to the booking or rescheduling of lessons to which the booking fee applies.

 

3. Gift Cards and Packages

 

3.1 Purchase of Gift Cards and Packages: Digital Gift Cards and driving lesson packages are available to purchase on our website. Gift Cards and driving lesson packages (except the Test Day Package) are for driving lessons only and cannot be redeemed in full or part payment of a Test Day Package.

 

3.2 Terms and Conditions applicable: All Gift Card and package purchases are subject to Hunter Learn 2 Drive’s general terms and conditions in regard to lesson bookings, rescheduling, cancellation, consent to use images, liability and indemnity.

 

3.2 Refund of Gift Card or Package: All Gift Card and driving lesson package sales are final and no refunds, either in full or in part, will be given for change of mind or change of circumstances.

 

3.3 Transfer of Gift Card or Package: In its absolute discretion, Hunter Learn 2 Drive may agree to transfer or partial transfer of a Gift Card or driving lesson package to another student. Following any such transfer, lesson bookings for either student will be subject to these terms and conditions.

 

3.4 Expiry of Gift Card: In accordance with the Australian Consumer Law (ACL), all Gift Cards will expire not less than three (3) years after the date of purchase.

 

3.5 Expiry of Packages: In the event a period of greater than twelve (12) months elapses in which no lessons are booked and no contact made with us by the student in regard to any package purchased, Hunter Learn 2 Drive reserves the right to charge a cancellation fee for the package equal to the package purchase price.

 

3.6 Forfeiture of unused Gift Card or Package lessons: In the event a Gift Card or Package expires, any unused lessons are forfeited.

 

4. Cancellations and Rescheduling

 

4.1 Student Cancellations: If you need to cancel or reschedule or amend the booking address for a lesson, you must provide at least 24 hours’ notice. If less than 24 hours’ notice is given, a cancellation fee equal to the full lesson fee may be charged. In the event cancellation is due to illness, we may, in our absolute discretion, agree to reschedule the lesson even if less than 24 hours’ notice is given. In such circumstances, we may request the provision of a medical certificate to verify illness.

 

4.2 Instructor Cancellations: If your instructor needs to cancel or reschedule a lesson, we will make every effort to provide you with as much notice as possible and offer you an alternative date and time.

 

4.3 Rescheduling: A lesson may be rescheduled by you in accordance with these conditions up to a maximum of two (2) times. Rescheduling of a lesson by you more than twice may result in cancellation of the booking and a cancellation fee equal to the full lesson fee may be charged.

 

4.4 Rescheduling link valid for 3 months: In the event a rescheduling link is sent to a student, the student has three (3) months from the date of the original lesson to book in the make-up lesson. Failure to promptly reschedule the lesson within three (3) months may result in cancellation of the booking and a cancellation fee equal to the full lesson fee may be charged.

 

4.5 No-Show: If you do not attend a scheduled lesson without notifying us, you will be charged the full lesson fee.

 

5. Lessons and Instruction

 

5.1 Instruction Provided: We will provide driving lessons in accordance with the relevant laws and standards set by the Roads and Maritime Services (RMS) and Service NSW in New South Wales.

 

5.2 Duration of Lessons: Each driving lesson will last for the time specified at the time of booking. If you arrive late for a lesson, the lesson will still end at the scheduled time, and no additional time will be provided.

 

5.3 Instructor Conduct: All instructors will conduct themselves professionally, and you are expected to follow their instructions. Failure to follow instructions may result in the termination of the lesson, and the full lesson fee will still apply.

 

5.4 Student Conduct: We expect students to conduct themselves in a safe and respectful manner. If a student is disruptive or engages in dangerous driving practices, the instructor reserves the right to terminate the lesson immediately, with no refund.

 

6. Use of Vehicle

 

6.1 Vehicle Provided: Hunter Learn 2 Drive will provide a fully insured and roadworthy vehicle for all lessons. The vehicle is equipped with dual controls for safety purposes.

 

6.2 Responsibility for Vehicle: You must ensure that you treat the vehicle with respect and follow all relevant road rules during the lesson. You will be responsible for any damages caused to the vehicle as a result of your negligence or failure to follow instructions.

 

6.3 Insurance: All vehicles used by Hunter Learn 2 Drive are fully insured, but you must notify us immediately if there is an incident or accident during the lesson.

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7. Licensing and Testing

 

7.1 RMS Driving Test: We offer mock driving tests, but we do not guarantee you will pass your RMS driving test. The outcome of your driving test depends on your skills and conduct during the test, and the judgement of the RMS examiner.

 

7.2 Preparation for Test: We provide lessons that aim to prepare you for the practical driving test, but we cannot be held responsible for the test outcome.

 

7.3 Booking the Test: You are required to book a suitable test time with Service NSW and pay any required fee to them. In the event you book our test day package for use of our vehicle in the test, you must book the package start time to be 1 hour and 15 minutes prior to your test time to enable travel time to Service NSW after your lesson.

 

7.4 Use of our vehicle for the Test: Our test day package is only for students who have been deemed ready to sit their practical test by Hunter Learn 2 Drive. It comprises a 1 hour lesson and then use of our vehicle for the test immediately after the 1 hour lesson. If you do not meet the above criteria, we reserve the right to cancel the booking at any time prior to the commencement time. If cancellation occurs within 24 hours of booking start time, no refund will be given. In the event you book our test day package for use of our vehicle in the test, you must book the package start time to be 1 hour and 15 minutes prior to your test time to enable travel time to Service NSW after your lesson.

 

7.5 Test time: Please ensure that you take note of the test time booked and indicate this in any test package booking with us. Failure to advise us of the correct test time may result in your test with Service NSW being cancelled. If less than 24 hours’ notice of the test booking being cancelled is given, a cancellation fee equal to the full lesson fee may be charged.

 

7.6 Passing the Test: If you pass your driving test, you will be required to pay a fee to Service NSW for the issue of your driver’s licence. We will not be responsible for any issues arising after the test or payment of any fee to Service NSW on your behalf.

 

8. Consent to Use of Photos and Videos

 

By booking a lesson with Hunter Learn 2 Drive, you acknowledge and consent to the following:

 

8.1 Purpose of Use: You give your consent for Hunter Learn 2 Drive to take and use

photographs and video recordings of you during driving lessons, tests, and any other interactions for the purpose of promotional, marketing, and educational content. This may include social media posts, advertisements, website content, or other marketing materials.

 

8.2 Scope of Use: Photos and videos may be used on social media platforms (such as Facebook, Instagram, Twitter, YouTube, etc.), Hunter Learn 2 Drive’s website, email newsletters, and other public marketing materials. This may also include any printed promotional materials, including but not limited to flyers, brochures, and posters.

 

8.3 No Compensation: You agree that no compensation will be provided for the use of your images, videos, or likeness. This includes any advertising, social media content, or any other uses listed above.

 

8.4 Right to Withdraw Consent: You have the right to withdraw consent for the use of your photos or videos at any time by contacting Hunter Learn 2 Drive. Upon receiving such a request, we will make reasonable efforts to cease using your image in future marketing materials but may not be able to permanently remove images that have already been published.

 

8.5 No Obligation to Participate:
You are not obligated to participate in the taking of photos or videos. If you do not wish to be photographed or filmed, you may opt out of participation by informing your instructor before the lesson begins. However, if a lesson involves a public event, like a test or graduation event, photos may still be taken for promotional purposes.

 

8.6 No Objection to Minor Modifications: You agree that the photos and videos may be edited, altered, or modified as necessary for marketing purposes, and you waive any right to inspect or approve the final product.

 

8.7 Third-Party Use: In the case where photos or videos are used by third-party platforms (e.g., social media platforms), these platforms’ terms and privacy policies will apply. Hunter Learn 2 Drive is not responsible for any third-party actions regarding your photos or videos once they are posted on such platforms.

 

8.8 Use of Social Media Accounts: You agree that Hunter Learn 2 Drive may tag your social media account (if applicable) when posting images or videos of you, provided you have made this information publicly available.

 

9. Liability and Insurance

 

9.1 Limitation of Liability: Hunter Learn 2 Drive will not be held liable for any damages, injuries, or losses incurred as a result of your use of our services, except where caused by our negligence or breach of these terms and conditions.

 

9.2 Insurance Coverage: Hunter Learn 2 Drive maintains insurance coverage on all vehicles used in lessons. However, you are encouraged to check if you have personal insurance coverage in case of injury or loss.

 

9.3 Damage to Property or Injury: In the case of an accident or injury, Hunter Learn 2 Drive is not liable for personal injury or damage to property that occurs during the lesson, except in the case of proven negligence on our part.

 

9.4 Liability for invalid licence: Hunter Learn 2 Drive is not responsible for any fines, penalties, loss or damage which occur as a result of a student driving with a licence which is invalid for any reason, including by reason of accumulation of demerit points, or invalidity due to date of arrival in Australia.

 

10. Indemnity and Release:

 

10.1 Indemnity: To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Hunter Learn 2 Drive, its instructors, employees, agents, and representatives, from any and all claims, actions, losses, damages, liabilities, costs, or expenses (including legal fees) arising out of or in connection with your participation in driving lessons, driving tests, or any related services provided by us.

This includes, but is not limited to, the following situations:

• Injury or harm sustained by you, the instructor, or any other person.

• Property damage, including damage to the vehicle used for lessons.

• Any accident, incident, or other event that occurs during or after a lesson, whether on public roads or private property.

 

10.2 Waiver of Claims: You waive any and all claims against Hunter Learn 2 Drive, its instructors, employees, and agents arising from your participation in the driving lessons and related activities, including but not limited to:

• Claims arising from personal injury, property damage, or death.

• Claims related to the loss or theft of personal property.

• Claims based on negligence, breach of duty, or failure of the driving instructor to supervise or provide proper guidance.

 

10.3 Exclusion of Liability: You understand and agree that Hunter Learn 2 Drive will not be liable for any direct or indirect loss, injury, or damage arising from your participation in driving lessons or services, except in cases of gross negligence or wilful misconduct.

 

10.4 Enforceability of Indemnity: In the event of a dispute, claim, or legal proceeding arising out of or in connection with your participation in driving lessons or related services, these terms and conditions, including but not limited to the indemnity and waiver of claims provisions, may be pleaded as a bar to the enforcement of any such claim. This means that you acknowledge that any legal action taken by you, your representatives, or third parties may be barred or dismissed based on the enforceability of this Agreement.

 

11. Privacy and Data Protection

 

11.1 Collection of Personal Data: We collect personal information when you book lessons or communicate with us. This information will only be used for administrative purposes related to your driving lessons and will not be shared with third parties without your consent, except where required by law.

 

11.2 Data Security: We take reasonable precautions to protect your personal information and ensure that it is stored securely.

 

12. Amendments to Terms and Conditions

 

12.1 Changes to Terms: We may update these terms and conditions at any time. Any amendments will be communicated to you via our website and social media pages, and the revised terms will be posted on our website.

 

13. Governing Law

 

13.1 Jurisdiction: These terms and conditions shall be governed by the laws of New South Wales, Australia. Any disputes will be resolved in the appropriate courts of New South Wales.

 

14. Severability

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If any part of this Indemnity Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

 

15. Consent to terms and conditions and contact Information

 

15.1 Consent: By booking a lesson with Hunter Learn 2 Drive, you consent, acknowledge and agree to abide by these terms and conditions.

 

15.2 Terms and Conditions Queries: If you have any questions or concerns about these terms and conditions, please contact us prior to making a booking. Upon booking, you will be taken to have consented to these terms and conditions.

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15.3 Contact: Please contact us in relation to our policies and these terms and conditions at:

Hunter Learn 2 Drive
Contact: Melanie Smith

Phone: 0481 350 350
Email: HunterLearn2Drive@gmail.com
Website: www.HunterLearn2Drive.com.au

Hunter Learn 2 Drive

Dated: 5 March 2025