APIA DRIVING SCHOOL TERMS & CONDITIONS (Not including Safer Drivers Course – see below)
Introduction
The terms and conditions which govern your use of the Apia Driving School website (Site) made available at https://www.apiadrivingschool.com.au/ are set out below.
The Site is provided by Apia Driving School Pty. Ltd. (ABN: 91 152 759 316) (we, us and our) to users (you and your).
We operate the Site, an online platform for booking driving education services, ranging from driving lessons, driving tests, driving test vehicle rental and assessments (Services). The Services are provided by instructors who run and operate their own business separate to us (Instructors).
While we make every effort to check the information provided to us by our Instructors, each of our Instructors is a separate business.
Please note that Instructors may not be available in all areas and Instructors may not offer manual lessons in all areas.
To ensure the Instructors service the area in which you want Services provided we recommend you check: https://www.apiadrivingschool.com.au/prices-packages/.
You can also call us on 1300 33 2742 or email us at teachme@apiadrivingschool.com.au to confirm availability of Services in the area you want.
These terms and conditions govern your use of the Site and booking of the Services through the Site.
Use of the Site
When you make a purchase through the site you agree to comply with these terms and conditions.
You promise us that any details you provide to us are true, accurate and complete when you submit them.
You are solely responsible for maintaining the security of your account and any use of the Site that occurs in conjunction with your username and password.
In order to use the Site, you must provide us with certain information about yourself. We will handle and store this information in accordance with our privacy policy (Below).
You promise us that:
- you are at least 16 years of age;
- any details you provide to us are true, accurate and complete when you submit them; and
- you must comply with any policies published by us on the Site.
You must not:
- impersonate others or misrepresent your affiliation with others;
- interrupt or attempt to negatively impact or alter the operation of the Site in any way; or
- use the Site in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory.
Bookings
The Services offered by the Instructor is the sole responsibility of the Instructor. We merely provide the Site to allow you to book a Service and assist the Instructor by collecting payment on their behalf. We are not responsible for and make no promise about the quality of the Services or the benefit to be derived from the Services provided by the Instructor.
When you book a Service on the Site we will pass your booking onto an Instructor selected by us or the Instructor nominated by you.
Your booking will be accepted by the Instructor when you receive a booking confirmation, confirming the date/time of the Service and receipt of your payment for the Service.
We engage LHive Pty Ltd to provide a booking system and to administer the scheduling, provision and processing of your Service. This may include access to online scheduling functionality for your Instructor and tools to manage your Service. As such, booking confirmations and notices may come to you via their system.
Our Instructors offer Services in a number of areas in Sydney. You can access our ‘suburb look up’ list to see if our Instructors offer Services in your area.
When you book and pay for one or more Services through the Site (including gift vouchers), you will be able to use the credit for a period of 36 months after the date of payment. Should our prices increase during this time, the purchaser or learner may pay the difference in price or simply make use of the full dollar value of the voucher.
No contract is formed between you and the Instructor until the booking is accepted by the Instructor.
Cancellations and Changes
If you book and pay for a Service on the Site (including gift vouchers) the Service will only be provided to the person who was named as the recipient of the Service. The booking is generally non-refundable. A booking is only refundable if:
- we are unable to provide an Instructor to undertake your first driving lesson within 21 days your booking, or
- you book a Service in an area in which our Instructor do not offer Services in which case the Instructor will arrange an alternate area with you or we will refund any monies you have paid in anticipation of Services being provided.
Once a booking has been confirmed by the Instructor the following rules apply if you want to change the confirmed booking:
- you must give not less than 24 hours’ notice if you want to cancel or alter the time of the Service;
- if less than 24 hours’ notice is given there will be no refund of any fee that you have paid in respect of the booked service;
- if you book a Service on the Site you may not transfer the booking to any other person. The Service will only be provided to the person who was named as the recipient of the Service.
Linking
The Site may from time to time contain links to other websites. These are provided for convenience only. We have no control over or responsibility for anything on those websites. Any link to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Availability
We will, to the best of our ability, ensure the Site is available for access at all times but are not responsible if you are not able to access the Site as a result of: (i) us undertaking preventative or remedial maintenance, or (ii) as a result of any circumstances beyond our control.
Disclaimers
Whilst we take all due care in providing the Site, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the law of New South Wales, Australia.
We take all due care in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Site or any linked site.
When you purchase a Service on the Site you will be required to enter your payment details. We outsource this to Stripe and PayPal who are responsible for collecting, handling and storing your payment details. We do not accept any responsibility for any financial losses you may suffer through use of the Site.
To the extent permitted by the law of Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.
Limitation of Liability
We are not responsible for, and you release us from liability arising out of or in connection with, your use of information found on the Site or arising out of your engagement or any interaction you may have with the Instructor.
We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
You acknowledge that if you book a Service through the Site we are not responsible for any loss or damage that may result from that Service.
You acknowledge that some of risks cannot be eliminated. You specifically assume the risk of injury or harm arising from participating in any of the Services.
We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability.
To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of the Site again or payment of the costs of having the Site supplied again.
We accept no liability for any loss caused in whole, or in part, by your misuse of the Site.
Privacy
When you become a user of the Site you may provide us with some information about yourself. This information may be used by us to improve the Site functions and for our own records. We will not pass your personal information onto any third party.
We value your personal information and take reasonable precautions to protect it. We will handle and store this information in accordance with our privacy policy, which can be found below.
Intellectual Property
You acknowledge that any intellectual property rights including graphics, logos, design, or icons relating to the Site remain the property of us or our licensors.
Termination
We reserve the right to suspend or terminate your right to use our Site if, at any time, you breach these terms and conditions.
Monitoring use of the Site
We reserve the right to monitor your use of the Site for the purpose of ensuring that the Site is functioning as we intended and that users are complying with these terms and conditions.
Updates to the Terms and Conditions
We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. However, you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.
If you access the Site following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you can choose to no longer access the Site.
Feedback
If you wish to make any comments about the Site or your experience as a user, please do so by submitting your comments by email to teachme@apiadrivingschool.com.au
General
If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.
SAFER DRIVERS COURSE TERMS & CONDITIONS / PRIVACY POLICIES
Terms & Conditions
Rebooking
If you cancel/rebook either module 1 or module 2 more than 7 days prior to the scheduled session, then we will reschedule that session to another day and time, without any additional fee’s.
Late Cancelation
Cancelation of either module 1 or module 2 within 48 hours of the scheduled session will result in 100% of the course fee being forfeited. This includes non-completion on the day, due to insufficient log book hours. You will need to pay a further course fee in order to be rebooked into another course date.
Cancelation of either module 1 or module 2 within 7 days (but more than 2 days) of the scheduled session, will result in a cancellation fee of 50% of the course fee being charged. You will need to pay this in order to rebook the cancelled session for a new date and time.
Non-attendance
Non-attendance at a scheduled session will result in 100% of the course fee being forfeited.
Apia Driving Schools Safer Drivers Course Privacy Policy
Apia Driving School respects and protects the privacy of our customers, coaches, facilitators and workers. This privacy policy tells you how we collect and use information.
The term “Personal Information” in this privacy policy means any information from which your identity is apparent or can be reasonably ascertained. We do not collect Personal Information about you when you visit this online service.
We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988. The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include (but are not limited to): names, addresses, email addresses, phone and license details. This Personal Information is obtained in various ways including by telephone, email, enrolment forms (completed by you), trainers of the Safer Drivers Course and via our website (apiadrivingschool.com.au).
We collect and store your Personal Information for the primary purpose of providing our services to you and providing information to our workers (coaches, facilitators and staff), Transport for NSW (TfNSW) as administrator to enable appropriate delivery and compliance of the Safer Drivers Course.
When we collect Personal Information we will explain to you why we are collecting the information and how we plan to use it. You will be informed of the Privacy Policy at the time of booking the Safer Drivers Course. Any employees that have access to your data, including trainers and administration staff must comply with the policy.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Disclosure of Personal Information
Your Personal Information only be used or disclosed for the primary purpose for which it was collected, including the following:
- To trainers delivering the Safer Drivers Course to you, and with your consent to do so
- To Transport for NSW (TfNSW) as Administrator
- Where required or authorised by law
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years (as required by law).
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Apia Driving School will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Policy Updates
This Policy may change from time to time to ensure compliance with legislative requirements.
Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:
Apia Driving School
L1, 5 George St. North Strathfield 2137 (by appointment)
1300 33 2742
Transport for NSW Privacy Statement
You understand that Apia Driving School will disclose your personal information to Transport for NSW and that it may be used by Transport for NSW for the purposes of:
• Verifying your successful completion of the course; and/or
• Contacting you to discuss the feedback on the course
Otherwise Transport for NSW will not use or disclose your personal information without your consent unless authorised by law. Your personal information will be held by Transport for NSW at 18 Lee Street, Chippendale NSW Australia and you can contact Transport for NSW to request to access or correct it.
Thank you
Apia Driving School
