Terms of Service


By using this website ("Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service") with Briswide Driving School ("the Driving School")

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Briswide Driving School reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. This page contains the most current version of the Terms of Service.

Violation of any of the terms below will result in the termination of your Account. While Briswide Driving School prohibits such conduct, you understand and agree that to use the Service at your own risk.

1. Individual Lessons

All individual lesson sales are non-refundable and require a minimum of 24 hours’ notice to be provided if you wish to cancel or reschedule a lesson.


N.B. You must cancel your lesson using your online account which can be accessed anytime via the Website associated with your account. This process is available 24 hours per day, 7 days per week.

Cancellations via phone or SMS or email can only be completed during the nominated business hours, which are published on the Website. Cancellation requests submitted via email or SMS outside of hours are treated as being received at the time of processing on the next business day and you will therefore forfeit your lesson if adequate notification has not been given.

To avoid ANY risk of forfeiting your lesson, cancel your lesson via your online account with more than 24 hours’ notice.

All Lessons have an expiry period of 12 months from date of purchase due to pricing conditions that exist at the time of sale. (For example, fuel and operating costs). This excludes our Keys2Drive package which has a 3 month expiry from purchase. 

2. Lesson Packages

All lesson package sales are non-refundable or exchangeable for any other service, fee or product, excluding changing transmission type from Manual to Auto or from Auto to Manual.  All packages are subject to change and may be withdrawn at any time.

Within each lesson package, individual Lesson terms and conditions apply as per (1). All lessons sales are non-refundable and require a minimum of 24 hours’ notice to be provided if you wish to cancel or reschedule a lesson.
Notification: You must cancel your lesson using your online account which can be accessed anytime via the Website associated with your account. This process is available 24 hours per day, 7 days per week.

Cancellation of packaged lessons via phone or SMS or email or voicemail can only be completed during the nominated business hours, which are published on the Website.  Cancellation requests submitted via email or SMS or voicemail outside of hours are treated as being received at the time of processing on the next business day and you will therefore forfeit your lesson if adequate notification has not been given.

To avoid ANY risk of forfeiting your lesson, cancel your lesson via your online account with more than 24 hours’ notice. You can reschedule lessons cancelled lessons as often as required, provided the 24 hour notice period is satisfied for each change.

Packaged lesson prices are based on a discount being applied from the Maximum Retail Sales Price for the service. The individual lesson price may be varied within the package by the Driving School at any time.
All Lessons have an expiry period of 12 months from date of purchase due to pricing conditions that exist at the time of sale. (For example, fuel and operating costs). This excludes our Keys2Drive package which has a 3 month expiry from purchase. 

3. Payment for Lessons


Lessons, packages, services or products must be fully paid at time of purchase. Payment can be made online via Credit Card for immediate addition to your account. By agreement with the Driving School, payment can be made using direct deposit and will be subject to a waiting period for funds to clear.

4. Social Media Authority


By using the Website and maintaining an active customer login, you Authorise the Driving School to use images, quotes, testimonials or other media on related media platforms. This document does not form part of an agreement with the driving school other than the terms of this document as set out herein. You agree that you have not been offered any financial inducement nor favour for entering into this agreement nor will you have any claim to future compensation in any form. Only first names will be published, where possible, as an identifier on any media platform. You can cancel this Authority at any time by contacting the Driving School or by withdrawing your Authority and/or not providing your image, testimonial or related media verbally with your Instructor. If under 18 years of age, you confirm this Authority has been granted by an adult who is legally authorised and empowered to make this agreement on behalf of the minor.

5. Password Security


You agree to ensure that you maintain appropriate security of your Login credentials and that you do not provide those credentials to any other person, or store your details inappropriately. The Driving School has no liability for losses incurred through unauthorised access to your account.
All accounts can be accessed, and credentials reset using 2 factor authentication if required.

6. Dispute Procedure

In the event that our agreed service does not meet your expectations, you agree to give the Driving School the opportunity to rectify the situation after your issue is formally raised in writing.  All concerns regarding the quality or delivery of our services are required to be lodged in writing.

Please send your concerns to info@briswide.com.au including the following information:
> Your name, email and phone number
> Student name, suburb and client number or student email
> Details of your concern (date, times, issue etc.)
> What outcome or resolution you are requesting.

Please note: The Driving School is committed to operating in good faith to find an appropriate resolution and requires enough time to conduct a thorough investigation into the matter. It is not possible to adequately investigate issues in less than 7 business days and you will be notified if the Driving School requires further time. As we are determined to act in good faith, you agree that the Driving School may close your request, with no further liability or obligation, should you act in a threatening, rude or inappropriate manner. This includes threats or demands against Instructors, Staff or reputation damage either written or verbally communicated.

Should we be unable to resolve an issue, the Driving School will participate in the official, government consumer complaints process available in Queensland.

7. Limitation of Liability 

Certain State and Commonwealth legislation, including the Trade Practices Act 1974 (Cth), imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. Except for any liability which cannot be excluded by law or which is caused by our negligence, our liability for any loss (whether direct or indirect), damage or liability whatsoever (including to a third party) which may be suffered in relation to the Lesson, is limited to the re-supply of the Lesson.
You agree to indemnify and keep us indemnified against any loss, damage, liability or costs whatsoever (including to a third party) in connection with:
- your breach of the Terms including the Learner’s Code of Conduct; and
- use of Your Vehicle for the Lesson.
This Limitation of Liability clause continues to have effect after this agreement is Terminated.

8. No Warranties 

If and when you are deemed competent by your Instructor, your Instructor may recommend you sit a Government Transport Department Driving Test, however, we give no warranty or guarantee that you will:
- pass a practical driving test with an QLD Transport Driving Examiner; or
- pass any other equivalent State or Territory based test; or
- gain or develop the required skills to pass any driving test.

9.Fees

  • Credit card security is implemented using secure SSL encryption on all transactions and may be stored at a secure, trusted, PCI compliant payment gateway and used by Briswide Driving School for payment processing.
  • All fees and transactions are in Australian Dollars and are inclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties."

10. Applicable Law
This agreement is governed by the laws of the Queensland.

11. Learner Code of Conduct

 

The Learner must before, during and after the Lesson:

  • arrive at the agreed place for the Lesson to commence in sufficient time for the Lesson to begin on time or make reasonable efforts to inform the Instructor otherwise;
  • be capable of controlling the Vehicle in a safe manner;
  • hold a current State or Territory learner driving permit or equivalent overseas licence and carry it with them at all times;
  • ensure that the Vehicle is registered, covered by compulsory third party insurance, and is roadworthy and clean (if the Vehicle is provided by the Learner);
  • not wear high heels, thongs or other footwear which in the opinion of the Instructor may cause safety concerns with the foot controls. A flat, enclosed and secure shoe is recommended;
  • keep mobile phones switched off and not attempt to use a mobile phone;
  • comply with the instructions or directions of the Instructor;
  • comply with all road rules and all special requirements of the Learner’s permit to drive;
  • behave appropriately and not harass, abuse or threaten the Instructor;
  • without the consent of the Instructor, not allow any person other than the Instructor to be in the Vehicle;
  • be in a fit physical and mental state to drive a Vehicle and, in particular, not be under the influence of alcohol or drugs (whether prescription, legal or illegal) or be tired or be otherwise unable to concentrate or control the Vehicle.

    If the Instructor identifies or suspects a breach of the above Learner Code of Conduct requirements the lesson may be cancelled and forfeited at the discretion of the Instructor, subject to normal cancellation notification requirements.

12. Instructor Code of Conduct

The Instructor must before, during and after the Lesson:

  • arrive at the agreed place for the Lesson to commence in sufficient time for the Lesson to begin on time or make reasonable efforts to inform the Learner otherwise;
  • be courteous to the Learner and other road users;
  • not harass, abuse or threaten the Learner;
  • endeavour to give the Learner clear instructions and directions;
  • ensure that the Vehicle is roadworthy and clean (if the Vehicle is provided by the Instructor);
  • determine whether it is safe to conduct the Lesson having regard to the road, traffic and weather conditions and to the Learner’s driving skills.
  • determine if the Learner is satisfying their obligations in regard to the Learner Code of Conduct (Item 18).
  • Updated Terms & Conditions
    The Driving School may change, update, alter or withdraw any Terms and Conditions as required. These changes will be published on the Websites and replace any previous Terms and Conditions.

 
13. Modifications to Services and Prices

  • Briswide Driving School reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services are subject to change with or without notice.
  • Briswide Driving School shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

(The following policy and conditions specifically relate to the software being used to manage your account which is managed by a 3rd party). Should there be ANY inconsistency in the following 3rd party terms, the terms referenced above take precedence).

General Conditions

  • Your use of this website is at your sole risk. The website is provided on an "as is" and "as available" basis.
  • You must not modify, adapt or hack the website or modify another website so as to falsely imply that it is associated with the Briswide Driving School, or any other Briswide Driving School website.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website without the express written permission by Briswide Driving School
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Briswide Driving School customer, employee, member, or officer will result in immediate account termination.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You understand that Briswide Driving School uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run.
  • Briswide Driving School does not warrant that (i) the website will meet your specific requirements, (ii) the website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the website will be accurate or reliable, (iv) the quality of any products, websites, information, or other material purchased or obtained by you through the website will meet your expectations, and (v) any errors in the website will be corrected.
  • You expressly understand and agree that Briswide Driving School shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Briswide Driving School has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website; (v) or any other matter relating to the website.
  • The failure of Briswide Driving School to exercise or enforce any right or provision of the Terms of website shall not constitute a waiver of such right or provision. The Terms of website constitutes the entire agreement between you and Briswide Driving School and govern your use of the website, superseding any prior agreements between you and Briswide Driving School (including, but not limited to, any prior versions of the Terms of website).

Cancellation Rates

  • Cancellations of less than 24 hours before the booking will forfeit the full booking fee.

A cancellation does not automatically refund payment of products or services. Any amount not subject to the cancellation fee, is credited towards your account balance at Briswide Driving School.

Refund Policy

All lesson, service and package sales are Non - Refundable.

Vouchers

Unused vouchers cannot be transferred between clients.

Purchases containing multiple vouchers can only be used by a single person and cannot be split between people.

Vouchers are valid for 12 months from the date of purchase.

Acceptance

You acknowledge that you have read and understand these terms and conditions. By proceeding and continuing to use this Website and related Services, you unequivocally agree to be bound to the fullest extent permitted by law.

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