Terms & Conditions – Instructor

If you’re looking for more general information head over to our FAQ’s section or drop us an email at support@drivingadvisor.co.uk

Who are we?

We are a dedicated group of people committed to reinventing learner driving by using tech and data with a fresh attitude to empower both learners and instructors.

Driving Advisor.co.uk and Driving Advisor branded products (together “Driving Advisor”) (referred to as “us”, “we”, “our” and ‘Driving Advisor” as contextually required) are provided by Pegasus Bros. Limited, company number 10537867, registered at Enterprise House, The Courtyard, Old Courthouse Road, Bromborough, Wirral CH62 4UE.

Driving Advisor is a business where driving lessons are provided by independent driving instructors (“Partner Instructors”) and facilitated by us.

Please read the below terms and conditions (the “Terms”) carefully as they (together with the documents referred to) apply to your role as a Driving Advisor instructor, your use of Driving Advisor and the services made available via Driving Advisor.

Contents

  • 1. ELIGIBILITY
  • 2. YOUR OBLIGATIONS
  • 3. YOUR VEHICLE
  • 4. WEBSITE
  • 5. BOOKING PROCESS
  • 6. CHARGES
  • 7. CANCELLATION AND REFUNDS
  • 8. INDEMNITY
  • 9. OUR RELATIONSHIP
  • 10. CONFIDENTIALITY
  • 11. TERMINATION
  • 12. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
  • 13. NOTICES
  • 14. GENERAL

1. ELIGIBILITY

1.1 Your engagement with us as a Driving Advisor instructor will start on the date you accept these Terms (as set out above) until terminated by either of us in accordance with below (your “Engagement”).

1.2 As a registered Driving Advisor instructor you warrant, represent and guarantee that, throughout your involvement with Driving Advisor, you will maintain in full force and effect:

1.2.1 your registration:

(i) with the Approved Driving Instructor (“ADI”) Register; or

(ii) your trainee’s “licence to give instruction” issued by the ADI Registrar; and

1.2.2 all other appropriate licences, permits, approvals and consents required to provide driving instruction to learner drivers in the United Kingdom, and you agree to promptly provide to us, on request, copies of any and all certificates, registration documents and any other evidence as to your compliance with the same.

1.3 We reserve the right, at any time, to carry out vetting procedures during your Engagement, including, without limitation, verification of identity checks (including passport and driving licence checks), right to work checks, registration and qualification checks, hourly rate cards, employment history and reference checks and criminal record checks.

1.4 If we reasonably believe, at any time, that you have failed to comply with the provisions set out in paragraph 1.2 we may suspend or terminate your Engagement under paragraph 10.2 below.

2. YOUR OBLIGATIONS

2.1 Throughout your Engagement, you warrant, undertake and agree:

2.1.1 to provide us with any information we may require in connection with your Engagement. If you do not provide us with the relevant information we may have to suspend your Engagement until we receive it;

2.1.2 to provide us with any updates to your hourly rate for driving lesson tuition (the “Lesson Fee”). Please note, we are not responsible for, and shall not accept any liability in connection with, any mis­pricing of the lesson fee as a result of your error;

2.1.3 to update the calendar on your Driving Advisor dashboard one week in advance, indicating your availability for the upcoming week to take on Driving Advisor learners. If you do not update your calendar we will not be able to book any driving lessons with you;

2.1.4 to cooperate with us in all matters relating to Driving Advisor and your Engagement;

2.1.5 to ensure you have Public Liability insurance cover at all times whilst being a Driving Advisor instructor;

2.1.6 to respond promptly to (and in any event within 6 hours of) any and all Driving Advisor enquiries and communications (whether from us or any Driving Advisor learner) by email and/or by phone / SMS;

2.1.7 to comply with the ADI code of practice, as published by the Driver and Vehicle Standards Agency (as amended and updated from time to time);

2.1.8 to the extent you use (or provide to any Driving Advisor learner) any materials, guidance, instructions and/or other learning aids, such materials will comply with all standards and requirements for driving instruction to learner drivers in the United Kingdom;

2.1.9 to provide informative, constructive and detailed feedback, on each Driving Advisor learner of their driving lesson in respect of:

(i) their progression on the Driving Advisor Curriculum; and

(ii) any other details or information you, in your professional opinion, feel would be useful to the learner in improving their driving abilities;

2.1.10 that all information and details you provide to us are true and accurate when given and will be kept up ­to ­date in all respects and at all times. You can update or correct your details at any time via the Driving Advisor dashboard;

2.1.11 that any personal information provided to, or collected by, us in connection with your Engagement is subject to the terms of our Privacy Policy;

2.1.12 if applicable, to ensure any Driving Advisor learner who you teach under your Engagement is aware of and accepts (before any driving lesson commences) any policies, rules, regulations and/or terms and conditions which govern your driving lessons with them;

2.1.13 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;

2.1.14 to comply with all applicable laws and be responsible for the proper provision of your driving tuition to Driving Advisor learners (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);

2.1.15 to comply with paragraph 3.2 below in connection with the use of your vehicle whilst providing driving lessons to Driving Advisor learners;

3. YOUR VEHICLE

3.1 Throughout your Engagement, you warrant, undertake and agree:

3.1.1 to own or have the legal right to operate the vehicle you use for driving instruction;

3.1.2 that such vehicle is not more than 6 years old, is dual controlled and meets all relevant safety standards;

3.1.3 that you have valid and adequate comprehensive “driving instructor insurance” in place and you agree to provide to us, promptly on request, copies of corresponding insurance certificates;

3.1.4 that you understand that your safety and the safety of others through the safe control of the vehicle you are driving is paramount.

4. WEBSITE

4.1 You acknowledge and agree:

4.1.1 that you are responsible for maintaining the confidentiality of all login details associated with your Driving Advisor account and shall take all reasonable steps to keep this information confidential. If you know of, or suspect that anyone other than you knows your login details, or has used your Driving Advisor account without your consent, please promptly notify us at support@drivingadvisor.co.uk

4.1.2 that you will not, nor allow any third party to:

(i) make copies, duplicate, modify, create derivative works from or distribute all or any portion of Driving Advisor;

(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of Driving Advisor;

(iii) make alterations to, or modifications of, the whole or any part of Driving Advisor, or permit Driving Advisor to be combined with, or become incorporated in any other programs; or

(iv) access, use or copy all or any part of Driving Advisor in order to build a product or service which competes with Driving Advisor;

(v) ensure that no phone numbers (landline or mobile), your private / company email addresses and/or any other contact details are displayed in text or pictures on your Driving Advisor profile.

4.1.3 that you will not use Driving Advisor:

(i) in any unlawful manner or for any unlawful purpose or in any manner inconsistent with these Terms or fraudulently or maliciously;

(ii) in any way that interrupts, impairs or renders Driving Advisor less efficient;

(iii) to transfer files that contain viruses, trojans or other harmful programs;

(iv) to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures;

(v) to infringe our intellectual property rights or any other rights or those of any third party; or

(vi) to advertise or promote third party or your own products or services (other than your driving instruction in the normal course of the use of Driving Advisor).

Content you provide

4.2 Whenever you make use of a feature on Driving Advisor that allows you to input or upload content (whether relating to your Driving Advisor instructor profile, any Driving Advisor learner or otherwise) (collectively “Contributions”), you acknowledge and agree that any and all Contributions are accurate (where they state facts), are genuinely held (where they state opinions) and comply with applicable law in the United Kingdom and in any country from which they are posted.

4.3 Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark (or other intellectual property rights) of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abusive or an invasion of another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act.

Information we provide

4.4 You acknowledge and agree that we have limited control over the nature and content of information and chat transmitted or received through Driving Advisor. Although we reserve the right to do so, we do not monitor content in advance of publication on Driving Advisor. As such we will not be liable for any such content. We may, at our sole discretion, remove or decline to publish any content, including user generated content, on Driving Advisor.

4.5 Content submitted by users for publication on Driving Advisor does not necessarily reflect our views and publishing content does not warrant its validity, reliability, accuracy, legality or it being up ­to­ date.

Availability

4.6 We will use reasonable efforts to make Driving Advisor available at all times, however you acknowledge that Driving Advisor is made available over the internet and through mobile networks, the quality and availability of which may be outside of our control.

4.7 We do not make any commitment that Driving Advisor or any content on it will always be available uninterrupted or error free and we cannot accept any responsibility whatsoever if for any reason Driving Advisor and/or any content on it are unavailable at any time or for any period.

4.8 We reserve the right to suspend your access to Driving Advisor at any time and without notice, and to remove Driving Advisor as a whole or in sections, in the case of system failure, maintenance or repair, for reasons beyond our reasonable control or for any other reason.

4.9 We acknowledge that you will not be in breach of these Terms to the extent you are unable to comply with any of your obligations as a direct result of Driving Advisor being unavailable (save where such unavailability is caused by you (directly or indirectly)).

Intellectual Property Rights

4.10 You acknowledge that all intellectual property rights in Driving Advisor (including but not limited to text, logos, design, layout, multimedia content, photos and graphics) and the Driving Advisor Services, anywhere in the world, belong to us (or our licensors), that rights in Driving Advisor are licensed (not sold) to you, and that you have no rights in, or to, Driving Advisor other than the right to use it in accordance with these Terms.

4.11 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

4.12 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

4.13 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.14 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

4.15 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

4.16 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. BOOKING PROCESS

5.1 When any Driving Advisor learner wishes to book a driving lesson through Driving Advisor they will submit a booking request to us, via the Driving Advisor website, setting out their preferred date, time and location for the driving lesson. We will check all Driving Advisor instructors’ availabilities and match the learner with a suitable instructor, based on their lesson request and our knowledge of the Driving Advisor instructors.

5.2 If we deem you a “match” with the Driving Advisor learner you will be notified via the Driving Advisor website with full details of the Driving Advisor learner and the driving lesson.

5.3 Once we have confirmed the booking with you, we will send the Driving Advisor learner a booking confirmation and take payment for the applicable Lesson Fee from the Driving Advisor learner.

6. CHARGES

6.1 In consideration of you complying with these Terms and providing driving lessons to Driving Advisor learners, we will pay your normal rates less a flat 10% commission fee to your bank account nominated in accordance with paragraph 6.11 below.

6.2 You acknowledge and accept that we will not make any payment to you until we are in receipt of the requisite cleared funds from the applicable Driving Advisor learner and a first lesson has been arranged.

6.3 We will endeavour to make payment to you for the first 1 or 2 hour lesson prior to the lesson commencing, but you acknowledge this may not always be possible and is not a valid reason for not completing a first lesson.

6.4 When learners have purchases a block of 10, 20, 30 or 40 hours, we will pay you for the lessons in instalments as the lessons progress:

  • In the case of a 10 hour block booking, we will pay you for the first lesson of 1 or 2 hours then the remaining 8 or 9 hours after the 2nd lesson is scheduled.
  • In the case of a 20 hour block booking, we will pay you for the first lesson of 1 or 2 hours then the remaining 18 or 19 hours after the 2nd lesson is scheduled.
  • In the case of a 30 hour block booking, we will pay you for the first lesson of 1 or 2 hours then 18 or 19 hours after the 2nd lesson is scheduled, then the remaining 10 after the 20th lesson is scheduled.
  • In the case of a 40 hour block booking, we will pay you for the first lesson of 1 or 2 hours then 18 or 19 hours after the 2nd lesson is scheduled, then the remaining 20 after the 20th lesson is scheduled.

6.5 Unless otherwise agreed between us in writing all payments made to you in connection with your Engagement will be in Pounds Sterling.

6.6 When a payment is made to you we will update the transaction history in your Driving Advisor account and send you an email confirming payment has been made.

6.7 We may refuse to make any payment to you if we have reasonable grounds to suspect fraud, a breach of these Terms by you or a violation of law. If we refuse to make a payment, you will be notified, unless it is unlawful for us to do so, or would compromise reasonable security measures.

6.8 You are not permitted to accept payment directly from any Driving Advisor learner under any circumstances. All payments to you in connection with your Engagement will be in accordance with the procedure set out in these Terms.

6.9 It is your responsibility to review any payments owed to you and insure they are accurate and up to date. Any disputes about monies owed to you for a lesson, must be shared with us in writing no later than 3 months from the date the lesson occurred. After this time, any monies not claimed will be forfeited. Please email us at support@drivingadvisor.co.uk if you believe any payment is incorrect or has not been received.

6.10 We may, at any time, without limiting our other rights and remedies, set off any amount owing to us by you against any amount payable by us to you.

Payment information

6.11 On registering as a Driving Advisor instructor you will have been asked to provide your bank details in order for us to pay you for driving lessons undertaken by Driving Advisor learners. You must provide current, complete and accurate payment information and keep it updated at all times. Please email us at support@drivingadvisor.co.uk if you believe any payment information we hold about you is incorrect.

6.12 If we become aware that the information you have provided is incorrect or incomplete, we reserve the right not to pay any monies to you until such time as we are satisfied that you have provided complete and accurate information. We are not responsible for any monies which have been paid into a bank account other than your own as a result of any incomplete or incorrect information you have provided to us.

7. CANCELLATIONS AND REFUNDS

7.1 If, for any reason, you have to cancel a lesson with a Driving Advisor learner you must provide us with as much notice as possible via Driving Advisor by email to support@drivingadvisor.co.uk If the cancelled lesson is not rescheduled within 7 days of your notification to us we will, at our option: (i) take steps to recover the applicable Lesson Fee from you; or (ii) deduct the applicable Lesson Fee from your next payment.

7.2 If a Driving Advisor learner cancels a driving lesson with you, for any reason, we will aim to notify you as soon as possible to your registered email address. If we notify you more than 24 hours before the lesson is due to start we will deduct the applicable Lesson Fee from your next payment. If we notify you 24 hours or less before the lesson is due to start you are entitled to retain the applicable Lesson Fee already paid to you.

7.3 If a Driving Advisor learner requests a refund from us in connection with a driving lesson and the reason for that request is directly attributable to your act(s) or omission(s) (whether through tardiness, unprofessionalism or otherwise) we will notify you as soon as possible via Driving Advisor and/or to your registered email address. In such circumstances, we reserve the right to deduct the applicable Lesson Fee from your next payment.

8. INDEMNITY

You agree to indemnify and keep us indemnified against all losses and/or liabilities suffered by us as a result of the provision by you of driving instruction services (in your role as a Driving Advisor instructor), in connection with your Engagement or otherwise as a result of your breach of these Terms.

9. OUR RELATIONSHIP

9.1 You acknowledge that nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute any party the agent of the other, or authorise any party to make or enter into any commitments for or on behalf of the other.

9.2 The relationship between you and us will be that of independent contractor and nothing in these Terms shall render you an employee, worker, agent or partner of Driving Advisor and you shall not hold yourself out as such.

9.3 Your Engagement constitutes a contract for the provision of services and not a contract of employment and accordingly you shall be fully responsible for and shall indemnify us for and in respect of:

9.3.1 any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your Engagement, where the recovery is not prohibited by law. You shall further indemnify us against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim; and

9.3.2 any liability arising from any employment ­related claim or any claim based on worker status (including reasonable costs and expenses) brought by you against us arising out of or in connection with your Engagement.

10 CONFIDENTIALITY

10.1 “Confidential Information” refers to any data or information relating to our business which would reasonably be considered to be proprietary and/or confidential to us (whether communicated orally or in writing), including without limitation, accounting records, business processes and customer records.

10.2 You agree not to disclose, divulge, reveal, report or otherwise use, for any purpose whatsoever, any Confidential Information which you have obtained during the course of your Engagement, except as authorised by us in writing or in order to perform your obligations under these Terms.

10.3 The obligations of confidentiality under this paragraph will not apply to information which: (i) comes into the public domain other than by way of a breach of these Terms; or (ii) is required to be disclosed by law, by any court of competent jurisdiction.

10.4 We reserve all rights in our Confidential Information.

11. TERMINATION

11.1 Either of us may terminate your Engagement at any time by giving to the other 14 days’ written notice.

11.2 We reserve the right to suspend, restrict or terminate your Engagement, without notice, if

11.2.1 for any reason we are dissatisfied with the service provided by you;

11.2.2 we have reasonable grounds to believe you have breached any of these Terms (including, but not limited to, ceasing to be a qualified driving instructor);

11.2.3 if bankruptcy proceedings are brought against you; or

11.2.4 if you do not pay a court judgment on time.

This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

11.3 Upon any termination of your Engagement for any reason:

11.3.1 the rights and licences granted to you herein shall terminate with immediate effect;

11.3.2 you must immediately

(i) cease all use of Driving Advisor (and we will disable your Driving Advisor account);

(ii) return to us any of our property, documentation, records and/or Confidential Information in your possession.

11.4 In the event we terminate your Engagement for convenience under paragraph 11.1, you agree to complete any driving lessons which have been booked up to and including the date of termination (whether or not those lessons fall before or after the termination date). We will, subject to continued compliance with these Terms, continue to pay the applicable Lesson Fee(s) in accordance with above.

12. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

12.1 Nothing in these Terms shall limit or exclude our liability for:

12.1.1 death or personal injury caused by our negligence or the negligence of our employees or agents;

12.1.2 fraudulent misrepresentation by us or our employees or agents; or

12.1.3 any matter in respect of which it would be unlawful to exclude or restrict liability.

12.2 Subject to paragraph 12.1, the only liability we may have to you in relation to a driving lesson will be to the extent that we make any errors or provide inaccurate information concerning the driving lesson as set out in the lesson booking confirmation, provided the error or inaccuracy was entirely our mistake and not the mistake of the Driving Advisor learner.

12.3 Subject to paragraphs 12.1 and 12.2:

12.3.1 we shall under no circumstances whatsoever be liable for any injury, loss, claim, damages, or any exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including but not limited to lost savings) whether based in contract, tort, strict liability, or otherwise, in connection with these Terms; and

12.3.2 our total liability to you in respect of all other losses arising under or in connection with these Terms whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no circumstances exceed £1,000.

12.4 All warranties, expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law.

12.5 YOU ACKNOWLEDGE AND ACCEPT THAT WE PROVIDE A PLATFORM TO INTRODUCE LEARNER DRIVERS AND DRIVING INSTRUCTORS, TO BOOK DRIVING LESSONS FOR DRIVING ADVISOR LEARNERS AND TO FACILITATE PAYMENT FOR SUCH DRIVING LESSONS TO DRIVING ADVISOR INSTRUCTORS. AS SUCH WE ARE NOT RESPONSIBLE FOR THE BEHAVIOUR, ACTS OR OMISSIONS OF YOU, ANY DRIVING ADVISOR LEARNER WHO YOU MAY TEACH (THROUGH DRIVING ADVISOR OR OTHERWISE) OR THE ACTS OR OMISSIONS OF ANY THIRD PARTY YOU MAY ENCOUNTER WHEN PROVIDING A DRIVING ADVISOR LEARNER WITH DRIVING LESSONS OR OTHERWISE IN CONNECTION WITH YOUR ENGAGEMENT.

13. NOTICES

13.1 Any notice required to be given pursuant to these Terms shall be in writing and shall be given by delivering the notice by hand, or by sending the same by email or recorded postal mail to the address of the relevant party set out below or such other address as either of us notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given at the time of delivery (if delivered by hand) and when received (if sent by email or postal mail).

The address/email address for service of notice to us is as follows:

13.2.1 Driving Advisor, Enterprise House, The Courtyard, Old Courthouse Road, Bromborough, Wirral CH62 4UE for the attention of Nigel Richards; and

13.2.2 support@drivingadvisor.co.uk

13.3 The address/email address for service of notice to you is as set out in your Driving Advisor account (which shall be the address/email address you provided to us on registration as Driving Advisor instructor, as amended by you from time to time in accordance with these Terms).

14. GENERAL

14.1 These Terms are personal to you and you may not assign, transfer or deal in any other manner with any or all of your rights or obligations under them to any third party or agent.

14.2 “Force Majeure” means an event or sequence of events beyond our reasonable control preventing or delaying us from performing our obligations. We will not be liable if delayed in or prevented from performing our obligations under these Terms due to Force Majeure.

14.3 A waiver of any right under these Terms or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

14.4 If any provision or part provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this paragraph shall not affect the validity and enforceability of the rest of the Terms.

14.5 These Terms supersede all prior agreements, arrangements and undertakings between us and constitutes the entire agreement between us relating to their subject matter. You confirm that you have not entered into these Terms on the basis of any representation that is not expressly incorporated into these Terms.

14.6 These Terms are not intended to give rights to anyone except you and us. The rights of any third parties are specifically excluded.

14.7 We are constantly looking for ways to improve and expand Driving Advisor, therefore we may amend these Terms from time to time in order to reflect changes to Driving Advisor. Any such changes will take effect when posted on Driving Advisor and it is your responsibility to read the Terms on each occasion you use Driving Advisor. Your continued use of Driving Advisor shall signify your acceptance of the latest Terms. No other variations to these Terms will be binding unless in writing and signed by an authorised representative of Driving Advisor and you.

14.8 Although we will do our best to resolve any disputes over these Terms, they shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

This was last updated in October 2017.