Which one applies to you?
1. Browse for verified driving instructors
2. See your upcoming lessons
1. Manage your schedule
2. Configure your availabilities
3. See your upcoming lessons
Welcome to License Confidence!
An easy-to-use app for booking driving lessons
Terms and Conditions for Learners
1. INTRODUCTION #
This Agreement (the “Agreement”) is being executed by and between the following parties:
License Confidence, a mobile phone application (the “Mobile Application”) owned and operated by a sole trader, hereinafter referred to as the “License Confidence”, which expression, wherever the context so admits, shall mean and include its successors, administrators and permitted assigns;
And
The Learner who signed up on License Confidence platform in accordance with this Agreement, hereinafter referred to as the “Learner”, which expression, wherever the context so admits, shall mean and include its heirs, successors, executors, administrators, legal representatives and permitted assigns.
(License Confidence and the Contractor shall each hereinafter be referred to as a “Party” and collectively as the “Parties”).
License Confidence, specialises in facilitating Instructors in booking driving lessons with the Learners through its platform.
Disclaimer: These terms set out the terms and conditions on which the License Confidence makes its Application and Website available to its Learners. These terms and services are applicable on the use of the Mobile Application as well as on the services that Learners avail through the use of Website. By using License Confidence’s services, or registering with the License Confidence, the User confirms that they agree to these Terms and Conditions. The Users must take the time to read and understand these terms.
The License Confidence is entitled to change these Terms from time to time and will provide a notice of the same. To ensure that the License Confidence is able to inform the Learners about important updates the Learners must provide up-to-date contact details. In case there is a change in the contact details, the Learners must inform License Confidence either via email or through settings of their account.
Important: At present, License Confidence is intended for use by Users only within the State of Victoria.
2. INTERPRETATION #
“Mobile Application” means the mobile application “License Confidence”.
“Website” means the https://license-confidence.com.au domain
“User” The term “User” refers to the following with reference to both the Mobile Application and Website:
- Instructor: Any individual who registers on License Confidence for providing driving lessons to the Learners in accordance with this Agreement.
- Learner: Any individual who registers on License Confidence for the receiving driving lessons offered by Instructors registered with License Confidence. A Minor cannot register on License Confidence as a Learner.
“Services” means the services of booking driving lessons, available through the Mobile Application and Website to Users.
“Platform” may be used for Mobile Application and Website individually or combined.
“Minor” an individual who is below 18 years of age.
“Interpretation” In these Terms, words importing the singular include the plural and vice versa and words importing the masculine gender include the feminine gender and vice versa. In the event of any conflict between these Terms and any other agreement, these Terms shall prevail unless expressly otherwise agreed between Instructor and the License Confidence in writing. No variation of these Terms shall be valid if made without our written consent. These Terms supersede all previous terms of business.
In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase “without limitation”.
3. SCOPE OF WORK #
License Confidence will provide the Instructors, through its platform, service of making driving lessons bookings with the learners after configuring each other’s (Instructor and Learner) availability and location.
4. OBLIGATIONS AND WARRANTIES OF LICENSE CONFIDENCE #
4.1. Upon registration, License Confidence will furnish Learners with a secure social login, granting them access to the License Confidence platform. Through this login, Learners gain the capability to configure their availability and specify preferred locations for lessons booked with Instructors.
4.2. License Confidence undertakes to maintain professional behaviour and make efforts according to the reasonable industry standards to provide Services under this Agreement;
4.3. License Confidence shall maintain confidentiality of Learner’s information and shall share/disclose such information only for performing Services under this Agreement or upon prior permission of the Learner. License Confidence shall not share the Learner’s personal information with any marketing agencies;
4.4. License Confidence warrants that it will not assign any of its duties or obligations under this Agreement to a third party without the written permission of the Learner;
4.5. License Confidence warrants that upon termination of this Agreement, License Confidence will delete Learner’s data permanently.
5. OBLIGATIONS OF THE LEARNER #
5.1. General Obligations:
The Learner pledges to:
- Treat Instructors and License Confidence staff with respect at all times ;
- Punctually arrive for all scheduled lessons with Instructors ;
- Follow all instructions of the Instructor ;
- Uphold a professional attitude while receiving lessons ;
- Refrain from engaging in discriminatory demeaning or derogatory behavior and abstain from using threatening
- abusive or offensive language when interacting with Instructors and/or License Confidence staff ;
- Avoid eating or drinking while receiving driving lessons ;
- Maintain the condition of the vehicle (i.e. roadworthy clean and well-maintained) as was provided by the
- Instructor at all times ;
- Not use a mobile phone or similar electronic devices during lessons ;
- Refuse to give money tips or any form of compensation to the Instructors outside the License Confidence
- Platform.
- Not request persuade or encourage the Instructor to give driving lessons outside the License Confidence
- Platform.
5.2. Insurance:
The Learner understands and acknowledges that:
- The Instructor bears sole and absolute responsibility for acquiring and maintaining the standard insurance.
- The Instructor holds comprehensive car insurance at the requisite level to cover accidents that may occur while instructing the Learner, have secured the necessary endorsement from their insurance provider and will maintain appropriate levels of public liability and personal indemnity insurance.
- The Instructor is allowed to conduct driving lessons only in a vehicle that is either registered as a driving vehicle with License Confidence, registered in their name or a company under their control.
5.3. Verification Requirements:
License Confidence mandates that the Learners presents the following to the Instructor before every lesson:
- copies of their valid Learner Driver Permit or any other driver's license type that legally permits them to drive in the respective state.
6. WARRANTIES OF THE LEARNER #
The Learner provides the following warranties:
6.1. The Learner has diligently fulfilled the requirements stipulated by their respective state or territory for achieving full qualification as a learner driver.
6.2. The Learner does not suffer from any health or medical conditions that might impede their ability to drive or receive driving lessons effectively.
7. PAYMENT STRUCTURE #
7.1. The License Confidence follows a fixed payment structure. After registration with License Confidence, the Learner will be able to book driving lessons. Learners are encouraged to add funds to their accounts at least 7 business days before scheduling a driving lesson. These funds are necessary to ensure that the credits can be processed before making any bookings. Booking a lesson requires that the Learner has at least the amount of credits to cover the Instructor's lesson fee for the duration of the lesson.
7.2. The fee for a lesson booking is decided by the respective Instructors and is detailed on the Mobile Application as part of each Instructor's profile.
7.3. License Confidence retains full discretion to modify the fees and payment structure for lesson bookings. Any alterations will be communicated to Learners and Instructors through email notifications.
7.4. Learners must read the CREDIT POLICY which contains more information about the rules, regulations and structure of the credit system.
8. CANCELLATION OF BOOKINGS #
8.1. In the event that a Learner cancels a lesson booking more than 24 hours before the scheduled lesson time, the Learner will be entitled to receive a credit equal to 100% of the full booking charge.
8.2. The Learners do not have the option to cancel a lesson booking within 24 hours or less of the scheduled lesson time. In such an event the lesson booking will expire and the Learner will not be entitled to receive any credit or refund of the lesson fee.
8.3. The Instructors are not authorised to initiate cancellation of a lesson. They may request the Learner for cancellation of a driving lesson through their coordination. The Instructor has access to the Learner's phone number for this purpose.
8.4. In the event an Instructor deletes their account with License Confidence, all Learners with upcoming lessons scheduled with that Instructor will receive a full refund of their fees.
8.5. In the event a Learner deletes their account with License Confidence, all upcoming lessons that have been scheduled will be automatically cancelled, and the Learner shall not be eligible to receive any credit or refund for lesson fees that have already been/will be incurred.
9. USER'S USE OF LICENSE CONFIDENCE APP AND WEBSITE #
9.1. The License Confidence’s Mobile Application and Website is intended to be a safe and supportive environment. The Learner cannot use these platforms to publish inappropriate material, harass people, send spam, violate the law, or act inappropriately.
9.2. By their use of the Mobile Application, Website and services, the Learner agrees that their e-mail address and other contact information provided to the License Confidence are accurate and that they will update the License Confidence with any changes to contact information; and
9.3. By their use of the Website and services, the User agrees that they will not:
- do anything that may lead to the encouragement, procurement, or carrying out of any criminal activity;
- do anything that may cause them or the License Confidence to breach any applicable laws;
- e-mail, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar, or indecent or may have the effect of being harassing, threatening, abusive, or hateful or that otherwise discriminates against, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, or which breaches the rights of others (including copyright and other intellectual property rights);
- distribute unsolicited communications including “spam” e-mail;
- transfer files that contain viruses, trojans, or other harmful programs or use the Website in any way that may damage or disrupt another's computer;
- access or attempt to access the accounts of other Users, penetrate or attempt to penetrate the Website security measures, or use the Website or our Services as a means to collect or store personal data about others;
- include identifying information (such as telephone numbers, e-mail addresses, message service identifiers, voIP identifiers, postal addresses, website addresses or name, License Confidence name, or any other contact information through which they can be contacted) on the Website or in any messages sent to other Users through the Website or otherwise; or
- use the Website and/or our Services other than in good faith for their own purposes as an individual User.
10. ACCOUNT SUSPENSION, RESTRICTION, AND TERMINATION #
License Confidence reserves the right at any time to suspend, restrict, or terminate Learner’s account or their access to the Mobile Application, Website and/or Services without notice at its discretion if it has reasonable grounds to believe that the Learner or a relevant third party has broken the promise made by the Learner in these Terms or otherwise at License Confidence’s discretion where License Confidence have reasonable grounds for doing so.
11. RIGHTS IN THE WEBSITE AND ITS CONTENT #
11.1. No rights
The Learner’s use of the Website and its content grants them no rights in relation to any intellectual property (including copyrights, trademarks, and design rights or patents in relation to logos, graphics, photographs, images, sound recordings, compositions, animations, videos and text) ( the“IP Rights”) in the Mobile Application and/or Website and its contents and in relation to License Confidence’s Services, whether owned by the License Confidence or by third parties.
11.2. Prohibited conduct
The Learners may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public, or distribute in any way the services, web pages or materials on the Mobile Application and/or Website, or the computer codes of elements comprising the Mobile Application and/or Website other than for their own personal use.
12. LIMITATION OF LEGAL OBLIGATIONS #
12.1. Learners have certain statutory rights in relation to the services provided by the License Confidence, including the right to receive a reasonable standard of service. Nothing in this section shall restrict those statutory rights.
12.2. If License Confidence breachs these Terms it shall only be liable for losses that are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by Learner and License Confidence at the time of entering into an agreement on these Terms.
12.3. The Learners agree and acknowledge that License Confidence shall not be responsible or liable for:
- indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by the Learner and the License Confidence at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or
- failure to provide the Mobile Application and/or Website or License Confidence’s Services or to meet any of its obligations under these Terms where such failure is due to any cause or event beyond License Confidence’s reasonable control.
12.4. The License Confidence does not accept any liability for damage to User’s computer system or loss of data that results from their use of the Mobile Application and/or Website and the License Confidence cannot guarantee that the Website or any files that the User downloads are free from viruses, contamination, or destructive features.
12.5. The License Confidence is responsible for the provision of the Mobile Application, Website and Services but the Learner acknowledges and agrees that:
- License Confidence has no responsibility towards Learner’s success in their career/business through these bookings;
- even though all Users are prohibited from doing so, some Users may provide information or otherwise behave, via the Mobile Application and/or Website, in a way that is unreliable, misleading, or even illegal and some Users may not be who they say they are. Accordingly, to the extent that the law permits, User agrees and acknowledges that their use of the Mobile Application, Website and Services is entirely at their own risk and they release the License Confidence, its directors, contractors, and employees from all liability (including in relation to disputes with other Users) where such liability relates to or arises out of the behaviour of other Users and other third parties.
12.6. Whilst License Confidence uses all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to its attention, License Confidence does not promise that the information and other material on the Mobile Application and/or Website itself will be free from errors or omissions.
12.7. All content and services on the Mobile Application and Website are provided on an “as is” and “as available” basis. License Confidence does not make any promise or representation in respect of the Mobile Application and/or Website or its content, any advice given (on a personal or general basis) and any statements made by Users, advertisers, or other third parties on or via the Website. Any decisions or actions taken by the User on the basis of information provided on or via the Website are at their sole discretion and risk and they should obtain individual professional advice where necessary.
12.8. The User agrees to compensate License Confidence for all (if any) claims, liabilities, costs, and expenses (actual or consequential) that License Confidence may suffer, which arise out of or in connection with User’s use of the Website and / or the Services, in particular in relation to:
- their breach of any provision of this Agreement;
- their violation of any law or the rights of a third party.
13. RELATIONSHIP OF PARTIES #
The Instructor hereby acknowledges and agrees that the following:
13.1. Notwithstanding that License Confidence is providing driving lessons’ booking services to the Learner, it is hereby clarified that the Instructor is an independent service provider with respect to the Learner and shall not for any intent or purpose whatsoever be deemed as an employee, partner, representative, or an agent of License Confidence.
13.2. License Confidence serves as a vital intermediary, connecting Learners with Instructors. License Confidence provides a comprehensive platform, encompassing platform hosting, maintenance, strategic marketing to attract potential Learners, payment processing, and the seamless facilitation of bookings between Learners and Instructors.
13.3. Any agreement to engage in driving lessons is a direct contract between the Learner and the independent Instructor. License Confidence is not a party to these agreements. As a result, in the event of any disputes that may arise between the Learner and the Instructor during their lessons, License Confidence will not be obligated to provide assistance in any capacity. The responsibility for resolving such disputes lies solely with the Learner and the Instructor, who are expected to address and settle the issues independently.
13.4. It is explicitly understood that License Confidence bears no responsibility or liability for the actions, conduct, acts, or omissions of Instructors or Learners.
13.5. The Instructor retains the unrestricted right to employ other software applications to offer driving lessons and to engage in any other occupation or business.
13.6. At the commencement of each driving lesson, it is the sole responsibility of the Instructor to rigorously verify that every Learner possesses a valid and current Learner Driver Permit or any other driver's license type that legally permits them to drive in the respective state. In the event that a Learner lacks the necessary documentation, the Instructor is obligated to:
- Refuse to provide a driving lesson to that Learner.
- Promptly notify License Confidence of the situation.
However, in the event the Instructor declines to deliver a lesson to the Learner due to the absence of essential documentation, the Learner shall not be entitled to any refund, and the Instructor shall receive their full agreed-upon payment.
13.7. License Confidence does not conduct checks, searches, or due diligence on Learners. It is the ongoing duty of Instructors to exercise reasonable precautions in regard to their personal and vehicle safety and security. In this context, License Confidence shall not be held responsible or liable for any physical, mental, or emotional losses, claims, harm, or damages arising from, or connected to, or resulting from the decision to accept or refuse a Learner for a lesson.
14. MISCELLANEOUS #
14.1. Learner must read License Confidence’s PRIVACY POLICY which contains important information about the use of their personal data and other information regarding their privacy and License Confidence’s security processes and policies. By accepting these Terms the User is consenting to the use of their personal data as detailed in the Privacy Policy.
14.2. License Confidence is constantly looking for new ways to improve the Mobile Application, Website and its Services. Therefore, License Confidence reserves the right to amend these Terms at any time by giving a notice. Notice will be given by means of a notice on the Mobile Application and/or Website and a link to the current version of these Terms will at all times be available on the Mobile Application and/or Website. For particularly important changes to these Terms, the License Confidence may in addition e-mail the Learners to bring such changes to their attention.
14.3. License Confidence reserves the right to withdraw or modify aspects of the Mobile Application, Website or its Services, or the entirety of them, where it has legal or commercial reasons to do so. There may also be times when the Mobile Application, Website or the Services become inaccessible as a result of technical difficulties. The License Confidence will, however, use reasonable skill and care to overcome these difficulties where they are within our reasonable control.
14.4. Learners acknowledge that License Confidence has the right to revise its fees and/or percentage share in the fee from time to time, provided that such amount is clearly stated at the time when you are making the relevant purchase, prior to any fees being taken.
15. LIABILITY AND INDEMNITY #
Notwithstanding any other provisions herein and to the fullest extent allowed by law, the following conditions apply:
15.1. The Learner commits to indemnify License Confidence and absolve License Confidence of any liability incurred as a result of a breach of this Agreement by the Learner.
15.2. The liability of each Party concerning any liabilities under this Agreement will be apportioned in direct proportion to the extent to which the respective liability was caused or contributed to by the actions or oversights of the other Party or any personnel associated with that Party, including any failure by said Party to mitigate their losses.
15.3. The Learners commit to indemnify and safeguard License Confidence against any actions, damages, claims, demands, prosecutions, fines, and penalties, including those arising from negligence, that may arise in connection with or as a consequence of their roles as Learners.
16. ENTIRE AGREEMENT #
Together, these Terms and Privacy Policy and any other policies we may add from time to time, contain the whole of the agreement between the License Confidence and Learners concerning the Mobile Application, Website and Services and replace all earlier agreements and understandings. A person who is not a party to an agreement based on these Terms has no right to rely upon or enforce any provision of that agreement.
17. CONFIDENTIALITY AND INTELLECTUAL PROPERTY #
17.1. The Learner hereby agrees to not use any or all of the Confidential Information or intellectual property of License Confidence for any purpose except for the Services mentioned herein; disclose any Confidential Information of License Confidence to third parties; and make any copies of the Confidential Information and intellectual property. The Learner also agrees to promptly return the Confidential Information and intellectual property of License Confidence or certify in writing the complete destruction thereof, in each case as directed by License Confidence; and to take bone fide measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information and/or intellectual property of License Confidence.
17.2. This provision shall continue to be effective after the termination of this Agreement.
17.3. For the purposes of this Agreement, License Confidence’s Confidential Information shall include any and all information regarding other Users (particularly Learners), workings and methodology of License Confidence and any other intellectual property (the “Confidential Information”).
18. SEVERABILITY #
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
19. TERMINATION #
19.1. License Confidence may terminate this Agreement, at its sole discretion, at any time by giving the other party fourteen (14) days prior written notice.
19.2. The Learner may terminate this Agreement, at his/her/their sole discretion, at any time by giving the other party fourteen (14) days prior written notice.
19.3. The provisions of Clause 14 and 16 shall survive the termination of this Agreement.
20. DISPUTE RESOLUTION #
20.1. In the event that the dispute remains unresolved after a 14-day period, both parties commit to engaging in a mediation process, subject to the following outlined procedure. Firstly, the parties mutually consent to retain the services of a mediator, who will be responsible for facilitating discussions and negotiations aimed at resolving the dispute. Secondly, this mediation process will be conducted through a video conferencing platform that both parties can agree upon, ensuring a convenient and accessible means of communication. Lastly, the mediator will adhere to the established mediation protocol as defined by the Resolution Institute, thereby ensuring a structured and impartial approach to the resolution of the dispute.
20.2. In the event that the mediation process proves unsuccessful, both parties have agreed to pursue the matter through arbitration, following the prescribed procedures. To commence arbitration, a single arbitrator will be selected, a choice reached through mutual agreement by the involved parties. If a consensus on the arbitrator cannot be reached within a 14-day period, the President of the Institute of Arbitrators Australia will assume the responsibility of appointing an arbitrator. Subsequently, the arbitration proceedings will adhere to the established Rules of Conduct for commercial arbitrators, along with any applicable guidelines furnished by the Institute of Arbitrators. It is essential to underline that both parties acknowledge and accept the binding nature of the arbitrator's decision, thereby ensuring a definitive resolution to the matter in question.
21. GOVERNING LAW AND JURISDICTION #
21.1. This Agreement shall be construed and enforced in accordance with, and the rights of the Parties shall be governed in accordance with relevant laws of State of Victoria.
21.2. Any claims and/or disputes arising out of, pertaining to or in connection with this Agreement (including, without limitation, any dispute concerning the existence, validity, enforceability, interpretation or breach of this Agreement or any provisions hereof), shall be finally and exclusively settled by courts in State of Victoria.
Terms and Conditions for Instructors
1. INTRODUCTION #
This Agreement (the “Agreement”) is being executed by and between the following parties:
License Confidence, a mobile phone application (the “Mobile Application”) owned and operated by a sole trader, hereinafter referred to as the “License Confidence”, which expression, wherever the context so admits, shall mean and include its successors, administrators and permitted assigns;
And
The Instructor who signed up on License Confidence platform in accordance with this Agreement, hereinafter referred to as the “Instructor”, which expression, wherever the context so admits, shall mean and include its heirs, successors, executors, administrators, legal representatives and permitted assigns.
(License Confidence and the Contractor shall each hereinafter be referred to as a “Party” and collectively as the “Parties”).
License Confidence, specialises in facilitating Instructors in booking driving lessons with the Learners through its platform.
Disclaimer: These terms set out the terms and conditions on which the License Confidence makes its Application and Website available to its Instructors. These terms and services are applicable on the use of the Mobile Application as well as on the services that Instructors avail through the use of Website. By using License Confidence’s services, or registering with the License Confidence, the User confirms that they agree to these Terms and Conditions. The Users must take the time to read and understand these terms.
The License Confidence is entitled to change these Terms from time to time and will provide a notice of the same. To ensure that the License Confidence is able to inform the Instructors about important updates the Instructors must provide up-to-date contact details. In case there is a change in the contact details, the Instructor must inform License Confidence either via email or through settings of their account.
Important: At present, License Confidence is intended for use by Users only within the State of Victoria.
2. INTERPRETATION #
“Mobile Application” means the mobile application “License Confidence”.
“Website” means the https://license-confidence.com.au domain
“User” The term “User” refers to the following with reference to both the Mobile Application and Website:
- Instructor: Any individual who registers on License Confidence for providing driving lessons to the Learners in accordance with this Agreement.
- Learner: Any individual who registers on License Confidence for the receiving driving lessons offered by Instructors registered with License Confidence. A Minor cannot register on License Confidence as a Learner.
“Services” means the services of booking driving lessons, available through the Mobile Application and Website to Users.
“Platform” may be used for Mobile Application and Website individually or combined.
“Minor” an individual who is below 18 years of age.
“Interpretation” In these Terms, words importing the singular include the plural and vice versa and words importing the masculine gender include the feminine gender and vice versa. In the event of any conflict between these Terms and any other agreement, these Terms shall prevail unless expressly otherwise agreed between Instructor and the License Confidence in writing. No variation of these Terms shall be valid if made without our written consent. These Terms supersede all previous terms of business.
In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase “without limitation”.
3. SCOPE OF WORK #
License Confidence will provide the Instructors, through its platform, service of making driving lessons bookings with the learners after configuring each other’s (Instructor and Learner) availability and location.
4. OBLIGATIONS AND WARRANTIES OF LICENSE CONFIDENCE #
4.1. Upon registration, License Confidence will furnish Instructors with a secure social login, granting them access to the License Confidence platform. Through this login, Instructors gain the capability to configure their availability and specify preferred locations for lessons booked with Learners.
4.2. License Confidence undertakes to maintain professional behaviour and make efforts according to the reasonable industry standards to provide Services under this Agreement;
4.3. License Confidence shall maintain confidentiality of Instructor’s information and shall share/disclose such information only for performing services under this Agreement or upon prior permission of the Instructor. License Confidence shall not share the Instructor’s personal information with any marketing agencies;
4.4. License Confidence warrants that it will not assign any of its duties or obligations under this Agreement to a third party without the written permission of the Instructor;
4.5. License Confidence warrants that upon termination of this Agreement, License Confidence will delete Instructor’s data permanently.
5. OBLIGATIONS OF THE INSTRUCTOR #
5.1. Quality Assurance
The Instructor acknowledges and agrees that License Confidence is committed to facilitating 'real-time bookings' and providing services that empower Learners to exercise control over the scheduling of their lessons.
Furthermore, the Instructor pledges to:
- Treat Learners and License Confidence staff with respect at all times.
- Ensure their availability and readiness to accept driving lesson bookings allocated in accordance with their schedule.
- Punctually arrive for all scheduled lessons with Learners.
- Uphold a professional appearance while conducting lessons.
- Maintain their vehicles in a condition that is roadworthy, clean and well-maintained, registered at all times.
- Refrain from engaging in discriminatory, demeaning, or derogatory behavior, and abstain from using threatening, abusive, or offensive language when interacting with Learners and/or License Confidence staff.
- Avoid eating or drinking while conducting driving lessons.
- Not use a mobile phone or similar electronic devices during lessons.
- Refuse to accept money, tips, or any form of compensation from Learners.
- Ensure that their vehicle is dual control and has the appropriate type of transmission.
5.2. Insurance
The Instructor bears sole and absolute responsibility for acquiring and maintaining the standard insurance. The Instructor warrants that they hold comprehensive car insurance at the requisite level to cover accidents that may occur while instructing a Learner, have secured the necessary endorsement from their insurance provider and will maintain appropriate levels of public liability and personal indemnity insurance. Under this Agreement, the Instructor is allowed to conduct driving lessons only in a vehicle that is either registered as a driving vehicle with License Confidence, registered in their name or a company under their control.
5.3. Verification Requirements
License Confidence mandates that Instructors produce the following
- a valid and current proof of their identity as required by Australian law. This may include, but is not limited to Australian Passport, Australian Driver's License and/or Medicare Card. The Instructor will be required to verify their identity by taking a photo of themselves in the Mobile Application at the time of registration.
- copies of their valid C Class driver's license for the state in which they operate.
- copies of their valid Instructor's License C Class for the state in which they operate.
- copies of the certificate of their current valid Working with Children Check.
- comprehensive information about the vehicle registration number, model, year of the vehicle, and include a photograph of the car.
- a completed National Police History Check to verify that there are no existing or prior criminal charges against them.
Instructors also agree to promptly notify License Confidence when any of these certifications lapse.
6. WARRANTIES OF THE INSTRUCTOR #
The Instructor provides the following warranties:
6.1. The Instructor has diligently fulfilled the requirements stipulated by their respective state or territory for achieving full qualification as a driving instructor.
6.2. The Instructor does not suffer from any health or medical conditions that might impede their ability to drive or instruct Learners effectively.
6.3. The Instructor guarantee possess an unblemished police and criminal record, with no ongoing investigations or pending charges against them and has successfully completed a National Police Criminal History Check.
6.4. The Instructor has undergone and passed a Working With Children check and has duly furnished the reference number to License Confidence.
7. PAYMENT STRUCTURE #
7.1. The License Confidence follows a fixed payment structure. After registration with License Confidence, the Instructor will be able to book driving lessons. The Instructor will be paid through License Confidence after each driving lesson. The Instructor will be entitled to 90% of the fee paid by the Learner. The remaining 10% of the fee will be kept by License Confidence in consideration of its Services.
7.2. The fee for the session/booking is detailed on the Mobile Application and/or Website.
7.3. License Confidence retains full discretion to modify the fees and payment structure for driving lessons, sessions, and bookings. Any alterations will be communicated to Instructors and Learners through email notifications and updates to the relevant section within the Mobile Application.
8. CANCELLATION OF BOOKINGS #
8.1. The Instructors are not authorized to initiate cancellation of a lesson. They are required to contact the Learner and cancellation through their coordination.
8.2. In the event that a Learner cancels or reschedules a lesson more than 24 hours before the scheduled lesson time, the Learner will be entitled to receive a credit equal to 100% of the full lesson charge. In this scenario, the Instructor shall not receive any payment for the affected lesson.
8.3. The Learners are not authorized to cancel a lesson within 24 hours or less of the scheduled lesson time.
8.4. In the event an Instructor deletes their account with License Confidence, all Learners with upcoming lessons scheduled with that Instructor will receive a full refund of their fees.
9. USER'S USE OF LICENSE CONFIDENCE APP AND WEBSITE #
9.1. The License Confidence’s Mobile Application and Website is intended to be a safe and supportive environment. The Instructor cannot use these platforms to publish inappropriate material, harass people, send spam, violate the law, or act inappropriately.
9.2. By their use of the Mobile Application, Website and services, the Instructor agrees that their e-mail address and other contact information provided to the License Confidence are accurate and that they will update the License Confidence with any changes to contact information; and
9.3. By their use of the Website and services, the User agrees that they will not:
- do anything that may lead to the encouragement, procurement, or carrying out of any criminal activity;
- do anything that may cause them or the License Confidence to breach any applicable laws;
- e-mail, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar, or indecent or may have the effect of being harassing, threatening, abusive, or hateful or that otherwise discriminates against, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, or which breaches the rights of others (including copyright and other intellectual property rights);
- distribute unsolicited communications including “spam” e-mail;
- transfer files that contain viruses, trojans, or other harmful programs or use the Website in any way that may damage or disrupt another's computer;
- access or attempt to access the accounts of other Users, penetrate or attempt to penetrate the Website security measures, or use the Website or our Services as a means to collect or store personal data about others;
- include identifying information (such as telephone numbers, e-mail addresses, message service identifiers, voIP identifiers, postal addresses, website addresses or name, License Confidence name, or any other contact information through which they can be contacted) on the Website or in any messages sent to other Users through the Website or otherwise; or
- use the Website and/or our Services other than in good faith for their own purposes as an individual User.
10. ACCOUNT SUSPENSION, RESTRICTION, AND TERMINATION #
License Confidence reserves the right at any time to suspend, restrict, or terminate Instructor’s account or their access to the Mobile Application, Website and/or Services without notice at its discretion if it has reasonable grounds to believe that the Instructor or a relevant third party has broken the promise made by the Instructor in these Terms or otherwise at License Confidence’s discretion where License Confidence have reasonable grounds for doing so.
11. RIGHTS IN THE WEBSITE AND ITS CONTENT #
11.1. No rights
The Instructor’s use of the Website and its content grants them no rights in relation to any intellectual property (including copyrights, trademarks, and design rights or patents in relation to logos, graphics, photographs, images, sound recordings, compositions, animations, videos and text) ( the“IP Rights”) in the Mobile Application and/or Website and its contents and in relation to License Confidence’s Services, whether owned by the License Confidence or by third parties.
11.2. Prohibited conduct
The Instructors may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public, or distribute in any way the services, web pages or materials on the Mobile Application and/or Website, or the computer codes of elements comprising the Mobile Application and/or Website other than for their own personal use.
12. LIMITATION OF LEGAL OBLIGATIONS #
12.1. Instructors have certain statutory rights in relation to the services provided by the License Confidence, including the right to receive a reasonable standard of service. Nothing in this section shall restrict those statutory rights.
12.2. If License Confidence breachs these Terms it shall only be liable for losses that are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by Instructor and License Confidence at the time of entering into an agreement on these Terms.
12.3. The Instructors agree and acknowledge that License Confidence shall not be responsible or liable for:
- indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by the Instructor and the License Confidence at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or
- failure to provide the Mobile Application and/or Website or License Confidence’s Services or to meet any of its obligations under these Terms where such failure is due to any cause or event beyond License Confidence’s reasonable control.
12.4. The License Confidence does not accept any liability for damage to User’s computer system or loss of data that results from their use of the Mobile Application and/or Website and the License Confidence cannot guarantee that the Website or any files that the User downloads are free from viruses, contamination, or destructive features.
12.5. The License Confidence is responsible for the provision of the Mobile Application, Website and Services but the Instructor acknowledges and agrees that:
- License Confidence has no responsibility towards Instructor’s success in their career/business through these bookings;
- even though all Users are prohibited from doing so, some Users may provide information or otherwise behave, via the Mobile Application and/or Website, in a way that is unreliable, misleading, or even illegal and some Users may not be who they say they are. Accordingly, to the extent that the law permits, User agrees and acknowledges that their use of the Mobile Application, Website and Services is entirely at their own risk and they release the License Confidence, its directors, contractors, and employees from all liability (including in relation to disputes with other Users) where such liability relates to or arises out of the behaviour of other Users and other third parties.
12.6. Whilst License Confidence uses all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to its attention, License Confidence does not promise that the information and other material on the Mobile Application and/or Website itself will be free from errors or omissions.
12.7. All content and services on the Mobile Application and Website are provided on an “as is” and “as available” basis. License Confidence does not make any promise or representation in respect of the Mobile Application and/or Website or its content, any advice given (on a personal or general basis) and any statements made by Users, advertisers, or other third parties on or via the Website. Any decisions or actions taken by the User on the basis of information provided on or via the Website are at their sole discretion and risk and they should obtain individual professional advice where necessary.
12.8. The User agrees to compensate License Confidence for all (if any) claims, liabilities, costs, and expenses (actual or consequential) that License Confidence may suffer, which arise out of or in connection with User’s use of the Website and / or the Services, in particular in relation to:
- their breach of any provision of this Agreement;
- their violation of any law or the rights of a third party.
13. RELATIONSHIP OF PARTIES #
The Instructor hereby acknowledges and agrees that the following:
13.1. Notwithstanding that License Confidence is providing driving lessons’ booking services to the Instructor, it is hereby clarified that the Instructor is an independent service provider with respect to the Learner and shall not for any intent or purpose whatsoever be deemed as an employee, partner, representative, or an agent of License Confidence.
13.2. License Confidence serves as a vital intermediary, connecting Instructors with Learners. License Confidence provides a comprehensive platform, encompassing platform hosting, maintenance, strategic marketing to attract potential Learners, payment processing, and the seamless facilitation of bookings between Learners and Instructors.
13.3. Any agreement to engage in driving lessons is a direct contract between the Learner and the independent Instructor. License Confidence is not a party to these agreements. As a result, in the event of any disputes that may arise between the Learner and the Instructor during their lessons, License Confidence will not be obligated to provide assistance in any capacity. The responsibility for resolving such disputes lies solely with the Learner and the Instructor, who are expected to address and settle the issues independently.
13.4. It is explicitly understood that License Confidence bears no responsibility or liability for the actions, conduct, acts, or omissions of Instructors or Learners.
13.5. The Instructor retains the unrestricted right to employ other software applications to offer driving lessons and to engage in any other occupation or business.
13.6. At the commencement of each driving lesson, it is the sole responsibility of the Instructor to rigorously verify that every Learner possesses a valid and current Learner Driver Permit or any other driver's license type that legally permits them to drive in the respective state. In the event that a Learner lacks the necessary documentation, the Instructor is obligated to:
- Refuse to provide a driving lesson to that Learner.
- Promptly notify License Confidence of the situation.
However, in the event the Instructor declines to deliver a lesson to the Learner due to the absence of essential documentation, the Learner shall not be entitled to any refund, and the Instructor shall receive their full agreed-upon payment.
13.7. License Confidence does not conduct checks, searches, or due diligence on Learners. It is the ongoing duty of Instructors to exercise reasonable precautions in regard to their personal and vehicle safety and security. In this context, License Confidence shall not be held responsible or liable for any physical, mental, or emotional losses, claims, harm, or damages arising from, or connected to, or resulting from the decision to accept or refuse a Learner for a lesson.
14. MISCELLANEOUS #
14.1. Instructor must read License Confidence’s PRIVACY POLICY which contains important information about the use of their personal data and other information regarding their privacy and License Confidence’s security processes and policies. By accepting these Terms the User is consenting to the use of their personal data as detailed in the Privacy Policy.
14.2. License Confidence is constantly looking for new ways to improve the Mobile Application, Website and its Services. Therefore, License Confidence reserves the right to amend these Terms at any time by giving a notice. Notice will be given by means of a notice on the Mobile Application and/or Website and a link to the current version of these Terms will at all times be available on the Mobile Application and/or Website. For particularly important changes to these Terms, the License Confidence may in addition e-mail the Instructors to bring such changes to their attention.
14.3. License Confidence reserves the right to withdraw or modify aspects of the Mobile Application, Website or its Services, or the entirety of them, where it has legal or commercial reasons to do so. There may also be times when the Mobile Application, Website or the Services become inaccessible as a result of technical difficulties. The License Confidence will, however, use reasonable skill and care to overcome these difficulties where they are within our reasonable control.
14.4. Instructors acknowledge that License Confidence has the right to revise its fees and/or percentage share in the fee from time to time, provided that such amount is clearly stated at the time when you are making the relevant purchase, prior to any fees being taken.
15. LIABILITY AND INDEMNITY #
Notwithstanding any other provisions herein and to the fullest extent allowed by law, the following conditions apply:
15.1. The Instructor commits to indemnify License Confidence and absolve License Confidence of any liability incurred as a result of a breach of this Agreement by the Instructor.
15.2. The liability of each Party concerning any liabilities under this Agreement will be apportioned in direct proportion to the extent to which the respective liability was caused or contributed to by the actions or oversights of the other Party or any personnel associated with that Party, including any failure by said Party to mitigate their losses.
15.3. The Instructors commit to indemnify and safeguard License Confidence against any actions, damages, claims, demands, prosecutions, fines, and penalties, including those arising from negligence, that may arise in connection with or as a consequence of their roles as Instructors.
16. ENTIRE AGREEMENT #
Together, these Terms and Privacy Policy and any other policies we may add from time to time, contain the whole of the agreement between the License Confidence and Instructors concerning the Mobile Application, Website and Services and replace all earlier agreements and understandings. A person who is not a party to an agreement based on these Terms has no right to rely upon or enforce any provision of that agreement.
17. CONFIDENTIALITY AND INTELLECTUAL PROPERTY #
17.1. The Instructor hereby agrees to not use any or all of the Confidential Information or intellectual property of License Confidence for any purpose except for the Services mentioned herein; disclose any Confidential Information of License Confidence to third parties; and make any copies of the Confidential Information and intellectual property. The Instructor also agrees to promptly return the Confidential Information and intellectual property of License Confidence or certify in writing the complete destruction thereof, in each case as directed by License Confidence; and to take bone fide measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information and/or intellectual property of License Confidence.
17.2. This provision shall continue to be effective after the termination of this Agreement.
17.3. For the purposes of this Agreement, License Confidence’s Confidential Information shall include any and all information regarding other Users (particularly Learners), workings and methodology of License Confidence and any other intellectual property (the “Confidential Information”).
18. SEVERABILITY #
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
19. TERMINATION #
19.1. License Confidence may terminate this Agreement, at its sole discretion, at any time by giving the other party fourteen (14) days prior written notice.
19.2. The Instructor may terminate this Agreement, at his/her/their sole discretion, at any time by giving the other party fourteen (14) days prior written notice.
19.3. The provisions of Clause 14 and 16 shall survive the termination of this Agreement.
20. DISPUTE RESOLUTION #
20.1. In the event that the dispute remains unresolved after a 14-day period, both parties commit to engaging in a mediation process, subject to the following outlined procedure. Firstly, the parties mutually consent to retain the services of a mediator, who will be responsible for facilitating discussions and negotiations aimed at resolving the dispute. Secondly, this mediation process will be conducted through a video conferencing platform that both parties can agree upon, ensuring a convenient and accessible means of communication. Lastly, the mediator will adhere to the established mediation protocol as defined by the Resolution Institute, thereby ensuring a structured and impartial approach to the resolution of the dispute.
20.2. In the event that the mediation process proves unsuccessful, both parties have agreed to pursue the matter through arbitration, following the prescribed procedures. To commence arbitration, a single arbitrator will be selected, a choice reached through mutual agreement by the involved parties. If a consensus on the arbitrator cannot be reached within a 14-day period, the President of the Institute of Arbitrators Australia will assume the responsibility of appointing an arbitrator. Subsequently, the arbitration proceedings will adhere to the established Rules of Conduct for commercial arbitrators, along with any applicable guidelines furnished by the Institute of Arbitrators. It is essential to underline that both parties acknowledge and accept the binding nature of the arbitrator's decision, thereby ensuring a definitive resolution to the matter in question.
21. GOVERNING LAW AND JURISDICTION #
21.1. This Agreement shall be construed and enforced in accordance with, and the rights of the Parties shall be governed in accordance with relevant laws of State of Victoria.
21.2. Any claims and/or disputes arising out of, pertaining to or in connection with this Agreement (including, without limitation, any dispute concerning the existence, validity, enforceability, interpretation or breach of this Agreement or any provisions hereof), shall be finally and exclusively settled by courts in State of Victoria.
Privacy Policy
1. INTRODUCTION #
This Privacy Policy describes how we, License Confidence collects, uses, and discloses information when you use our mobile app. We are committed to protecting your privacy and complying with applicable privacy laws and regulations, including the Australian Privacy Principles under the Privacy Act 1988 (Cth).
2. INFORMATION WE COLLECT #
User-Provided Information: We may collect information that you voluntarily provide to us, such as your name, email address, phone number when you sign-up. Additionally, any other contact information you may provide upon contacting us for support.
Device Information: When you use the mobile app, we may automatically collect certain information about your device, including your device type, operating system, and unique device identifiers. These information are used solely for facilitating app functions (such as push notifications) and diagnostic purposes.
Usage Information: We may collect information about how you use the mobile app, including the features you access, the actions you take, and the time and date of your interactions.
3. HOW WE USE YOUR INFORMATION #
We use the collected information for the following purposes:
- To provide and maintain the mobile app's functionality.
- To communicate with you, respond to your inquiries, and provide customer support.
- To analyze and improve the mobile app and its features.
4. DISCLOSURE OF YOUR INFORMATION #
We do not sell, trade, or rent your personal information to third parties for marketing purposes. We may share your information with trusted service providers or partners who assist us in delivering the mobile app's services, but they are obligated to protect your information in compliance with this Privacy Policy and applicable data protection laws.
5. DATA SECURITY #
We take reasonable measures to safeguard your information against unauthorized access, disclosure, alteration, and destruction. However, no data transmission over the internet or method of electronic storage is entirely secure, and we cannot guarantee its absolute security.
6. YOUR CHOICES #
You can access, update, or delete the information you provided to us by deleting your account and/or by contacting support@license-confidence.com.au.
7. UPDATES TO THIS PRIVACY POLICY #
We may update this Privacy Policy from time to time to reflect changes to our practices or for other operational, legal, or regulatory reasons. We encourage you to review this Privacy Policy periodically.
8. CONTACT US #
If you have any questions, concerns, or requests regarding this Privacy Policy, please contact us at support@license-confidence.com.au.
9. LEGAL DISCLAIMER #
This Privacy Policy is a general guideline. For a more comprehensive understanding of your rights and our obligations, please consult the Privacy Act 1988 (Cth) and its related legislation.
Payment Policy for Instructors
1. INTRODUCTION #
This Payment Policy outlines the terms and conditions for payment to driving instructors who provide their services through the License Confidence mobile application (hereinafter referred to as "the App"). By using the App, driving instructors agree to comply with this Payment Policy.
2. ELIGIBILITY #
To be eligible for payments as a driving instructor on the App, you must:
- Be a registered and verified instructor on the App. Refer to the Terms and Conditions: Obligations of the Instructor for additional details.
- Have completed configuring your payment details on the App.
- Have successfully completed a driving lesson with a student through the App.
3. PAYMENT PROCESS #
Lesson Completion: Payment is made after the successful completion of a driving lesson booked through the App. A lesson is considered successfully completed when the agreed upon lesson duration elapses after the lesson was started.
Payment Calculation: The payment amount for each successfully completed lesson is determined by the pricing and fee structure established by License Confidence. You will be notified via email when payment rates and/or structure change. Refer to the Terms and Conditions: Payment Structure for additional details.
Payment Frequency: Payments are processed on a daily basis. However, subject to the financial institutions involved, the process may at times, be delayed.
Payment Method: License Confidence uses Stripe to facilitate payments to driving instructors. You must provide valid bank account details or other necessary payment information on the App to receive payments.
4. DEDUCTIONS #
The payment to driving instructors is subject to deductions for any applicable service fees, taxes, or other charges as per the Terms and Conditions.
5. TAXES #
It is your responsibility to report your earnings from the App and pay any applicable taxes in accordance with local, state, and federal regulations. License Confidence does not withhold taxes on your behalf.
6. DISPUTES AND RESOLUTION #
In the event of any dispute or discrepancy related to payments, you should promptly contact the App's support team at support@license-confidence.com.au for resolution.
7. TERMINATION AND FORFEITURE #
Instructors who violate the terms and policies of the App may have their accounts suspended or terminated. Any pending or future payments may be forfeited if an instructor's account is terminated.
8. POLICY UPDATES #
License Confidence reserves the right to modify this Payment Policy at any time. Updates will be communicated through via email to the registered instructors. It is the responsibility of the instructor to review and understand the most recent version of this policy.
9. CONTACT INFORMATION #
For questions, concerns, or clarification regarding this Payment Policy, please contact License Confidence support at support@license-confidence.com.au.
By using the App as a driving instructor, you acknowledge that you have read, understood, and agreed to comply with the terms of this Payment Policy.
Credit Policy for Learners
1. INTRODUCTION #
This Credit Policy outlines the terms and conditions for learner drivers replenishing and using lesson credits in the License Confidence mobile application (hereinafter referred to as "the App"). Please read this policy carefully to understand how driving lesson credits work and the associated terms and conditions.
2. CREDIT TOP-UP PROCESS #
You need to top up your driving lesson credits in the App by choosing how many credits you want to get then entering your payment details. You need to ensure that you have enough funds in the nominated payment method. License Confidence uses Stripe to process the payment securely.
3. CREDIT PROCESSING TIME #
The lesson credits will be usable to book lessons when the payment gets posted by your institution successfully. This may take a few business days, depending on your institution. It is encouraged that you top-up your credits ahead of time to account for this.
4. AVAILABLE CREDITS #
The status of your credit top-ups are shown in the App. Credits are marked as "available" or "pending" based on the processing status.
Pending credits cannot be used for booking driving lessons. The App shows when pending credits will be available to use.
5. BOOKING DRIVING LESSONS #
You can book driving lessons only when you have sufficient "available" credits in their account.
The cost of a driving lesson depends on the lesson duration and the Instructor's hourly rate.
6. REFUNDS AND CANCELLATIONS #
Credits are non-refundable and non-transferable, except in cases where the Instructor is unable to provide the booked driving lesson.
7. EXPIRY OF CREDITS #
Credits expire after 1 year of purchase.
8. DISPUTED TRANSACTIONS #
If you believe there is an error or unauthorized charge on your account, please contact our customer support immediately via support@license-confidence.com.au or via support chat in the App.
9. PRIVACY AND SECURITY #
Your payment information is securely processed by Stripe, and we do not store your payment details.
We take data security seriously and have implemented measures to protect your information.
10. CHANGES TO POLICY #
We reserve the right to update and amend this policy. Any changes will be communicated to you through via email.
By using the App to top up credits, you agree to abide by the terms and conditions outlined in this Credit Policy. If you have any questions or concerns, please contact our customer support for assistance via support@license-confidence.com.au.
Contact us
For questions, concerns, or clarification, please email support at support@license-confidence.com.au or through the support chat in the App.