Parties This Agreement is between –

  1. Senior Driver Assessments (SDA); and
  2. the Driving School who has signed up to the SDA platform in accordance with these Terms and Conditions. This includes the driving school’s Schools and staff.

OPERATIVE PROVISIONS

Term of Agreement
  1. This Agreement commences on the day the the Driving School accepts this Agreement digitally.
Relationship of the parties
  1. The Driving School acknowledges and agrees that –
  1. they are independent of SDA and are not an agent, employee, contractor or subcontractor of SDA;
  2. the SDA website is the conduit between the Driving School and Senior Drivers;
  3. any agreement to undertake driving assessments is between the Senior Driver and the independent the Driving School to which SDA is not a party;
  4. SDA is not liable or responsible for the conduct, acts or omissions of the Driving School or Senior Drivers;
  5. the Driving School retains the right to use other software application services to provide driving assessments and to engage in any occupation or other business;
  6. it is the Driving School’s sole responsibility at the commencement of each driving assessment, to check and verify that each Senior Driver has a current and valid Driver Permit, or any other driver’s licence type, that lawfully allows that Senior Driver to drive in the state in which they are undertaking driving assessments, such that if a Senior Driver does not have the same, the the Driving School must –
    1. refuse to provide a driving assessment to that Senior Driver; and
    2. notify SDA immediately; and
  7. SDA does not check or carry out searches or due diligence on Senior Drivers. Driving Schools are always responsible for and obliged to take all reasonable precautions in relation to their personal and vehicle safety and security and SDA is not responsible or liable for any physical, mental or emotional loss, claim, harm or damage suffered as a result or in connection with, or as a consequence of, accepting (or refusing to accept), or taking on a Senior Driver for an assessment.
Warranties by the Driving School
  1. The Driving School warrants that they have done all of the following –
  1. complied with all requirements in their state or territory of operation to become a fully qualified driving school;
  2. their staff have no health or medical issues that may prevent them from being fit to drive or assess senior Drivers;
  3. Schools have no police or criminal history and have no pending investigations or charges against them;
  4. Schools have successfully passed a National Police Criminal History Check;
  5. personally checked and verified that each Senior Driver has a current and valid driver’s licence at the commencement of each driving assessment, in accordance with clause 2.6. above.
Driving School’s Use of SDA Website
  1. The Driving School agrees –
  1. they are required to have a username and password to access and use the SDA website;
  2. that they will not divulge their username or password to anyone or allow others to use it on their behalf;
  3. that they will only use the SDA website for its intended purpose, which is to connect Driving Schools with Senior Drivers;
  4. that they will keep Senior Drivers’ data secure;
  5. the information they have provided is current, true and correct;
  6. to amend their details whenever their circumstances change as a matter of priority;
  7. not to use the SDA platform for any illicit purposes including to disseminate hate speech or similar views; and
  8. not to use the SDA platform to promote any third parties.
Fidelity
  1. The Driving School agrees:
  1. not to encourage Senior Drivers who have booked a assessment through the SDA website to use other services or book through facilities that are not the SDA platform, including to encourage a Senior Driver to book driving assessments personally through that Driving School;
  2. not to do any acts or omit to do things that damage or may damage the reputation of SDA.
  1. The Driving School agrees that a breach of clause 5 will result in immediate termination of the Agreement pursuant to clause 38., and removal from the SDA website and platform.
Policies
  1. The Driving School warrants that they have read and understood the following documents –
  1. the Payment Policy;
  2. the SDA Privacy Policy; and
  3. the SDA Policies and Procedures that may be provided to Driving Schools from time to time.
  1. The Driving School further warrants that they agree to the Policies and agree to any amendments as made from time to time. The parties agree that all Policies and subsequent amendments are binding on the parties. Links to the Policies can be found in the Schedule to this document.
Quality Assurance
  1. The Driving School acknowledges and agrees that –
  1. SDA maintains and expects only the highest quality of services from Driving Schools;
  2. SDA relies on its reputation with Senior Drivers to secure word of mouth sales and to generate customers and bookings; and
  3. the Driving School must adhere to and comply with all standards determined by SDA in carrying out its services, as set out in, but not limited to, clause 10. below.
  1. The Driving School agrees –
  1. to be respectful to Senior Drivers and SDA staff;
  2. to maintain an accurate diary and calendar of all assessments agreed to (in accordance with clauses 34 and 35);
  3. to arrive on time for all assessments with Senior Drivers;
  4. to maintain a professional appearance while conducting assessments with Senior Drivers;
  5. not to behave in a discriminatory, demeaning or derogatory way, or use threatening, abusive or offensive language towards Senior Drivers or SDA staff;
  6. not to eat or drink while conducting driving assessments;
  7. not to use a mobile phone or similar electronic device while conducting driving assessments; and
  8. not to take or accept money, money’s worth, tips or other types of bribes from Senior Drivers.
  1. If the Driving School receives poor feedback from a Senior Driver, whether based on a failure to comply with clause 10 or otherwise, SDA may at its sole and absolute discretion immediately terminate the Driving Schools registration with SDA pursuant to clause 38.8.
Insurance
  1. The Driving School is solely and absolutely responsible for holding and maintaining the insurance set out in this clause 12, and further warrants that they –
  1. have been appropriately endorsed by the relevant insurance provider for the insurance referred to in this clause 12;
  2. hold the appropriate levels of public liability and personal indemnity insurance;
  3. have current compulsory third party vehicle insurance;
  4. hold the appropriate level of comprehensive car insurance that covers accidents that occur while the Driving School is instructing a Senior Driver;
  5. have informed their comprehensive car insurance provider that they are conducting driving assessments;
  6. have received an endorsement by their insurance provider confirming the information referred to in clauses 12.4 and 12.5;
  7. will inform SDA when any form of insurance lapses;
  8. have a vehicle that has a dual pedal control;
  9. will only conduct a driving assessment in a vehicle that is –
    1. registered in their own name (or a company controlled by them) subject to clause 16; or
    2. fitted with dual pedal controls;
Vehicle Requirements
  1. Driving Schools agree that their vehicle is to remain at all times –
  1. roadworthy;
  2. clean;
  3. well maintained; and
Suggested Retail Price per Assessment
  1. The Driving School appoints SDA as the limited payment collection agent solely for the purpose of accepting the assessment payment.
  2. The Driving School agrees that the payment made by the Senior Driver to SDA shall be considered the same as payment made directly by the Senior Driver to the Driving School.
  3. The price paid by SDA to the driving school for a Senior Driver Assessment is $90 inc GST.  This will be paid upon receipt of the driving schools invoice.
Validation of assessments
  1. In order to be paid for n assessment, the Driving School agrees to the following –
  1. when a Senior Driver books a assessment the assessment payment is allocated to the chosen Driving School;
  2. SDA receive a notification at the completion of each assessment authorising the Driving School’s payment during the next pay cycle;
Assessment Cancellation/Rescheduling Fee
  1. If a Senior Driver cancels or reschedules an assessment more than 24 hours before a assessment, the Senior Driver will receive a refund for 100% of the full assessment charge, and the Driving School will receive no payment for that assessment.
  2. If a Senior Driver cancels or reschedules an assessment 24 hours or less before the assessment is due to start, SDA may at its sole discretion charge the Senior Driver for the full price of the assessment and will pass the fee to the Driving school.
Events of Termination
  1. SDA may, in its discretion, restrict, suspend or cancel a Driving School’s registration upon providing Written Notice under the following circumstances –
  1. where a Driving School breaches this Agreement;
  2. where a Driving School has committed an offence, including where the Driving School has been charged with or has been convicted of a criminal offence;
  3. where a Driving School is no longer a licensed driver or not otherwise permitted by law to be a licensed driving School;
  4. where a Driving School is the subject of legal proceedings relating to a motor vehicle accident;
  5. where a third party conducts a driving assessment on the Driving School’s behalf;
  6. where the Driving School conducts a driving assessment in a vehicle other than that (or those) of which SDA has been notified; and
  7. where the Driving School receives poor Senior Driver feedback or accumulates a poor rating as determined by SDA.
  1. If a failure of a Driving School to perform their obligations under this Agreement is not rectified within 7 days, SDA may restrict, suspend or cancel a Driving School’s registration on the SDA website without giving notice to the Driving School.
  2. SDA will remove the ability for Senior Drivers to book assessments with Driving Schools immediately when any form of documentation or insurance that SDA has in its records expired.
  3. A Driving School may terminate this Agreement by de-registering their account on the SDA website and platform, in which event the Driving School agrees –
  1. that all Driving School data and information will be retained by SDA for an indefinite period unless that Driving School expressly requests that SDA permanently delete their data and information.

MISCELLANEOUS

Confidentiality
  1. Driving Schools are not to use Senior Driver information except for the express purpose of providing driving assessments.
Indemnity
  1. Driving Schools agree to indemnify and protect SDA against any actions, damages, claims, demands, prosecutions, fines and penalties including through negligence which occur as a result or in relation to their actions as a Driving School.
Privacy
  1. SDA and Driving Schools agree to adhere to the Australian Privacy Principles from time to time in force (if applicable).
  2. Driving Schools agree to SDA using Driving School information and personal data for marketing purposes.
  3. Driving Schools may obtain access to personal information that we have on record by sending a request to admin@SDA.com.au. By entering into this Agreement Driving Schools acknowledge that they have read the Privacy Policy and agree to the SDA Privacy Policy as amended from time to time.
Intellectual Property
  1. The Driving School agrees that all intellectual property and copyright rights over or in connection with SDA products and resources are owned by SDA exclusively.
Force Majeure
  1. Neither SDA or Driving Schools are liable to the other or considered to be in default under this Agreement if and to the extent that such party’s performance of these Term and Conditions is delayed or prevented by reason of force majeure, which is defined for this Agreement to mean an event that is beyond the reasonable control of the party affected and occurs without such party’s fault or negligence.
Arbitration
  1. If any dispute arises between a Driving School and SDA, the following procedures apply –
  1. If the dispute is not resolved within 14 days, the parties agree to refer the matter to a mediator in accordance with the following procedure –
    1. the parties agree to hire a mediator to mediate over the dispute;
    2. the mediation will take place via Skype or Zoom; and
    3. the mediator will follow the mediation procedure set out by the Resolution Institute. A copy of the mediation rules may be accessed at this website: https://www.resolution.institute/documents/item/1897
  2. If the mediation process fails, the parties agree to refer the matter to an arbitrator in accordance with the following procedures –
    1. the arbitration is to be conducted by a single arbitrator who is to be agreed by the parties;
    2. if the parties are unable to agree on the arbitrator within 14 days, the arbitrator is to be appointed by the President of the Institute of Arbitrators Australia;
    3. the arbitration will be conducted in accordance with the Rules of Conduct of commercial arbitrators and any guidelines issued by the Institute of Arbitrators; and
    4. the parties agree that the decision of the arbitrator is binding on the parties.
  1. The costs of mediation or arbitration are to be shared equally between the parties.
No Waiver
  1. A failure or delay by SDA in exercising a right does not constitute a waiver of SDAs’ rights to pursue an action.

No Assignment of Agreement

  1. The Driving School is not allowed to sell, assign, sub-lease or transfer this Agreement to anyone else.

Modification of Agreement

  1. SDA may change this Agreement from time to time.

 

  1. Subject to clause –
  1. a Driving School who continues to use the SDA website and accept bookings for assessments from Senior Drivers is considered to accept the new terms as updated from time to time; and
  2. it is the responsibility of the Driving School to read through the amended terms and conditions as required from time to time.
Notice
  1. Notices provided under this Agreement may be provided by –
  1. email;
  2. any other form of electronic communication, including via the SDA website; or
  3. by any other means used on a regular basis by both parties.
Severability
  1. This Agreement is to be interpreted in a way that renders the provisions valid and enforceable to the maximum extent possible.
Governing Law
  1. This Agreement are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.
Entire Agreement
  1. This Agreement represents the entire agreement between the parties, along with any documents referred to herein. This Agreement supersedes any previous understandings or agreements, whether oral or written.
Definitions
  1. The following words carry the following meanings:

Agreement means this document as amended from time to time along with any documents referred to in this document;

Driving School means the person who has contracted with SDA to become a Registered Driving School through the SDA online website platform;

  1. In the interpretation of this Agreement:
  1. every aspect of this document with the exception of the headings are substantive parts of this Agreement and are to be read accordingly;
  2. headings are used for convenience, but are not to be interpreted as part of this Agreement;
  3. when the singular is mentioned, it also means the plural of that word, and vice versa;
  4. words specifying one gender includes all other genders; and
  5. when legislation is referred to, the legislation includes all rules, ordinances, by laws, orders, regulations, consolidations, rewrites, amendments, re-enactments and replacements of that same legislation.
  1. In the event of any inconsistency between the provisions of this Agreement and the Payment Policy, this agreement shall prevail.