Learner Terms and Conditions
Introduction
1.1. This document outlines the Terms and Conditions (the "Agreement") between Shortcut Driving Pty Ltd ("Shortcut Driving") and the Learner ("you" or "the Learner") who has signed up to the Shortcut Driving platform. It also includes the Driving Test Consent and Responsibility Form for Learners using Shortcut Driving’s vehicles for driving tests.
Parties
2.1. This Agreement is between Shortcut Driving and the Learner who has signed up to the Shortcut Driving platform in accordance with these Terms and Conditions.
Operative Provisions
3.1. Term of Agreement
This Agreement commences on the day the last party accepts this Agreement digitally and terminates when an Event of Termination takes place.
3.2. Capacity
The Learner warrants and agrees that they have a current and valid Learner Driving Permit or any other driver’s licence type that legally allows them to drive in the state or territory in which they are undertaking driving instruction with Driving Instructors. This Agreement automatically terminates if a Learner ceases to hold or is found not to have a valid current Learner Driving Permit or another driver’s licence type that lawfully allows them to drive.
3.3. Relationship of the Parties
The Learner acknowledges and agrees that:
-
They are directly engaging a Driving Instructor, who may be an employee of Shortcut Driving or an independent contractor associated with the company, to schedule, arrange, and provide driving instruction services.
-
Shortcut Driving operates not only as a website facilitating connections between Learners and Driving Instructors but also as a driving school company offering driving instruction services directly.
-
Any agreement to undertake driving bookings is between the Learner and the Driving Instructor, whether the Instructor is an employee or an independent contractor. Shortcut Driving oversees these agreements.
-
The Driving Instructor may be an independent contractor and is not an agent, employee, or subcontractor of Shortcut Driving in the case of subcontracted instructors. While Shortcut Driving endeavours to ensure high standards, it is not liable for the conduct, acts, or omissions of independent Driving Instructors.
-
Shortcut Driving conducts appropriate checks and due diligence on all associated Driving Instructors to ensure quality and safety. However, Learners are always responsible for taking reasonable precautions regarding their personal and property safety and security. Shortcut Driving is not responsible for any loss, claim, harm, or damage suffered as a result of, or in connection with, booking or attending a booking with a Driving Instructor.
Description of Services
4.1. A Learner agrees to use the Shortcut Driving website in a variety of ways, including:
Indicating their personal preferences on the Shortcut Driving website.
Browsing a selection of Driving Instructors on the Shortcut Driving website.
4.2. A Learner can compare Driving Instructors by:
-
Experience;
-
Price;
-
Vehicle details;
-
Availability;
-
Ratings; and
-
Location.
4.3. A Learner may select a Driving Instructor based on their preferences.
4.4. Shortcut Driving may add new products, change existing products, or remove products from the Shortcut Driving website as required from time to time.
Agreement by Learner
5.1. The Learner warrants and agrees that they:
Have read, understood, and consent to be bound by this Agreement.
Have a current and valid Learner Driving Permit or other licence type that legally allows them to drive in their state or territory.
5.2. If you are the parent or guardian of a Learner aged 17 years or younger, you are the financial guarantor of the Learner for their liabilities and obligations as set out in this Agreement and this Agreement binds you and the Learner jointly and severally.
5.3. If you are the agent, service provider, or person acting on behalf of a Learner aged 18 years or older, you guarantee that the Learner consents to be bound by this Agreement and this Agreement binds you and the Learner jointly and severally.
Learner’s Use of Shortcut Driving Website
6.1. The Learner agrees to:
Use their own username and password and not to ‘borrow’ another user’s details.
Not divulge their username or password to anyone or allow others to use it on their behalf.
Use the Shortcut Driving website solely for its intended purpose of connecting Driving Instructors with Learners, and not for illegal activities or purposes.
Ensure information provided is current, true, and correct, and amend details as soon as circumstances change.
Not use the Shortcut Driving platform to access other accounts or data from other users.
Not use the Shortcut Driving platform to promote any third parties or commercial interests.
Not interrupt or interfere with the operation of the Shortcut Driving website.
Warranty
7.1. Shortcut Driving guarantees that its products and services come with guarantees under the Australian Consumer Law that cannot be excluded.
7.2. Shortcut Driving ensures its services to the Learner will be rendered with due care and skill, be fit for purpose, and be supplied within a reasonable time.
7.3. The Learner acknowledges that Shortcut Driving’s services are limited to those set out in clauses 3 - 4.
7.4. To the maximum extent permitted by law, Shortcut Driving’s liability for a breach is limited to:
Re-supply of services, or
Payment of the cost of having those services supplied again.
Fidelity
8.1. The Learner agrees not to perform any acts or omissions that damage or may damage the reputation of Shortcut Driving.
Bookings
9.1. The Learner agrees to:
Arrive punctually at bookings with Driving Instructors.
Follow all instructions from the Driving Instructor.
Act safely and not put people or property in danger.
Be respectful to Driving Instructors.
Not use a mobile phone or similar device while undertaking bookings.
Not offer money, tips, or bribes to Driving Instructors.
Not encourage or accept offers to undertake bookings outside of the Shortcut Driving platform.
Take reasonable steps to mitigate loss and indemnify Shortcut Driving against loss.
Tax Compliance
10.1. The Learner agrees to pay any applicable taxes when transacting through the Shortcut Driving website.
Learner Payment Terms
11.1. The Learner agrees to the Shortcut Driving Payment Terms, in force from time to time.
11.2. The Learner acknowledges and agrees:
They are immediately liable to pay for bookings, and payment will be processed immediately.
When entering credit or debit card details, they are authorised to use that card for the transaction.
11.3. Credits issued are:
Non-refundable, non-transferable, and may only be used by the Learner.
Must be used within 6 months or will expire and be forfeited to Shortcut Driving.
Shortcut Driving may use credits for any purpose while held on account.
11.4. Shortcut Driving can refuse payment if:
The cardholder did not authorise a transaction.
A transaction is considered fraudulent or suspicious.
In other circumstances determined at Shortcut Driving’s discretion.
11.5. The Learner agrees to the Stripe and PayPal terms and conditions.
Refunds
12.1. Shortcut Driving may provide a full refund under certain conditions:
Payment was due to fraudulent activity or not authorised.
A booking was not taken due to a fault of the Driving Instructor.
A complaint is received and determined that the Driving Instructor breached terms.
Promotions by Third Parties
13.1. Shortcut Driving may issue reward cards, gift cards, or promotional cards connected with third-party offers. It is the Learner’s responsibility to understand the terms of such promotions.
Policies
14.1. The Learner warrants that they have read and understood the Shortcut Driving Privacy Policy and any other documents reasonably required by Shortcut Driving.
Lesson Rescheduling
15.1. Rescheduling more than 48 hours before a booking incurs no fee. Rescheduling or cancellation 48 hours or less before the booking incurs a fee equal to the total price of the booking.
Lesson Cancellation/Reschedule by Driving Instructor
16.1. If a Driving Instructor cancels a booking, the Learner may find a replacement Instructor or receive a credit or refund if no replacement is available.
Costs
17.1. Shortcut Driving may alter its booking fees from time to time. The Learner will be notified of changes and must accept such charges before payment is made.
Reviews
18.1. Reviews must be unbiased and reflect genuine experiences. Reviews should not be exchanged for value or manipulated in any way. They must be relevant to the Learner’s experience with the Instructor.
Events of Termination
19.1. Shortcut Driving may restrict, suspend, or cancel a Learner’s registration in certain circumstances, including breaches of this Agreement or legal issues.
19.2. The Learner may terminate this Agreement by de-registering their account at any time.
Miscellaneous
20.1. Confidentiality
The Learner agrees to keep all information obtained from Shortcut Driving confidential.
20.2. Governing Law
This Agreement is governed by the laws of the state or territory where Shortcut Driving operates.
Driving Sessions and Test Consent and Responsibility
21.1. Use of Vehicle for Driving Sessions and Tests
By participating in driving sessions or tests with Shortcut Driving, you acknowledge and agree to the following:
-
Vehicle Use: You will use a vehicle provided by Shortcut Driving or the driving instructor for the duration of the driving session or test. A qualified driving instructor will accompany you at all times during these sessions.
-
Responsibility for Driving Performance: You are solely responsible for your driving performance during the session or test. Shortcut Driving and its instructors are not liable for the outcome of your driving test or your performance during driving sessions.
-
Instructor Authority: The driving instructor has the authority to terminate the session or test if they believe it is necessary for safety or compliance with driving regulations.
-
Liability for Damage: You are responsible for any damage to the vehicle resulting from your actions. This includes adhering to safe driving practices to avoid damage.
-
Emergency Procedures: You agree to follow the instructor’s instructions in case of emergencies and to cooperate with any necessary safety procedures.
-
Medical Conditions: You must notify both Shortcut Driving and the relevant authorities (e.g., VicRoads) of any medical conditions that may affect your ability to drive safely.
21.2. Acknowledgment
By using the vehicle provided by Shortcut Driving for driving sessions or tests, you confirm that you understand and agree to these terms. If you have questions regarding these terms or the driving process, you should seek clarification before proceeding.
Dispute Resolution
22.1. In the event of a dispute arising from or in connection with this Agreement, both parties agree to attempt to resolve the dispute through informal negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation before resorting to litigation. Mediation will be conducted in accordance with the mediation rules of the relevant state or territory.
Force Majeure
23.1. Shortcut Driving will not be liable for any failure to perform its obligations under this Agreement if such failure is due to an event beyond its reasonable control, including but not limited to, natural disasters, war, strikes, or government actions. In such cases, Shortcut Driving will use reasonable efforts to resume performance as soon as possible.
Changes to Terms and Conditions
24.1. Shortcut Driving reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on the Shortcut Driving website, and continued use of the services after such changes constitutes acceptance of the new Terms and Conditions. It is the Learner's responsibility to review these Terms and Conditions periodically.
Data Protection and Privacy
25.1. Shortcut Driving will handle all personal data in accordance with the Privacy Policy. By using Shortcut Driving’s services, you consent to the collection, use, and disclosure of your personal information as outlined in the Privacy Policy. You have the right to access and correct your personal information held by Shortcut Driving.
Intellectual Property
26.1. All content on the Shortcut Driving website, including text, graphics, logos, and images, is the property of Shortcut Driving and is protected by intellectual property laws. Learners are granted a limited, non-exclusive, and non-transferable license to use the website and its content solely for the purpose of using Shortcut Driving’s services.
Vehicle Maintenance and Cleaning
27.1. You agree to keep the vehicle clean and to inform the driving instructor of any issues with the vehicle during the test or lesson. If you are responsible for any damage beyond normal wear and tear, you may be liable for cleaning or repair costs.
Driver's Responsibilities During Lesson or Test
28.1. During any driving lesson or test, you must:
Ensure that you are well-rested and fit to drive.
Not operate the vehicle under the influence of drugs or alcohol.
Adhere to all instructions given by the driving instructor to ensure safety and compliance with road laws.
Feedback and Complaints
29.1. Learners are encouraged to provide feedback on their driving lessons and experiences. If you have a complaint about a Driving Instructor or the service provided, you should report it to Shortcut Driving through the designated channels. All complaints will be reviewed and addressed promptly.
Severability
30.1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
Contact Information
31.1. For any questions, concerns, or inquiries related to this Agreement or Shortcut Driving’s services, please contact us through the contact page on the Shortcut Driving website.