Terms & conditions

LEARNER REGISTRATION 

To be eligible to register on, and use, the service you must: 

1.1 Be over 18 years old and legally able to enter contracts. If you are under 18 years old, you may use the Service only with the approval of your parent, guardian, or teacher. 

1.2 If you arrange a service on behalf of someone else, provide the name, location, phone number and other information about that person so that they can use our services (and by providing this information, you warrant that you have obtained their consent to share that information with us); 

1.3 Comply with all applicable safety procedures required by law or recommended by governmental bodies in receiving the Service, including those relating to social distancing, indoor face-mask, and any applicable social gathering rules or restrictions; 

1.4 Have a valid payment method. When the Learner Driver enter their credit or debit card details, they are authorized to use that card for the transaction. 

1.5 Agree to comply with these Terms and any requests from Nepal Driving School to provide accurate and valid information relevant to your use of the service. 

1.6 You acknowledge and agree that Nepal Driving School will collect, hold, use and disclose any personal information you provide to Nepal Driving School, including credit related personal information, in accordance with our Privacy Policy. 

1.7 You warrant that the information provided by you to us is true, accurate and complete and you acknowledge that Nepal Driving School reserves the right to verify your information. 

1.8 Nepal Driving School reserves the right to refuse registration in its sole discretion. 

1.9 We may at any time, in our sole discretion, propose changes to these Terms including lesson charges, or other fees as the case may be and all of its Schedules and Attachments or any other document referenced in these Terms. These changes will apply automatically from the time that they are made available to you or published on our website. 

1.1.1 If you continue to use the service after any change to these Terms has been made available to you or published on our website, or you otherwise indicate acceptance to us of any change to these Terms, you will be taken to have accepted such change from the date of your first use or acceptance. 

1.1.2 Duration of a standard lesson is one hour which includes briefing and de-briefing time. Lessons commence at a pickup point determined at time of booking unless otherwise agreed to by the instructor. 

1.1.3 Due to traffic conditions your instructor may arrive for your lesson a little early or a little late. Your lesson starts when your instructor arrives for the lesson. 

1.1.4 All students are required to be ready to start their lesson 15 minutes prior to the reserved lesson time. If you do not show up for your lesson at the agreed time, your instructor will wait 10 minutes and may deduct from the total lesson time at the instructor’s reasonable discretion. If you show up outside of these hours, your instructor may, at his or her reasonable discretion, choose not to continue with the lesson and you will be responsible for a cancellation fee. 

1.1.5 The driving lesson begins and ends at a predetermined pick-up/drop-off point, determined at the time the lesson is booked. 

1.1.6 Medical- You must notify Nepal Driving School/Instructor if you have a serious, permanent or long term illness, disability, medical conditions or injury (or the effects of treatment for any of those things) that may affect your fitness to drive.

If you do not agree with these Terms, you must not access or use the service. 

2. YOUR OBLIGATIONS

The Learner Driver agrees that when you use the service you will comply with the following rules: 
2.1 Comply with all applicable laws, regulations and rules; 

2.2 The Learner Driver agrees not to do any acts or omit to do things that damages or may damage the reputation of Nepal Driving School; 

2.3 The learner and driving instructor must have 0 Blood Alcohol Content in their system or must not have any prescribed medication that affects consciousness or illegal drugs in your body during the lesson; 

2.4 The Learner Driver is required to make a payment in advance when a lesson is booked; 

2.5 Learner Drivers agree to indemnify and protect Nepal Driving School against any actions, damages, claims, or demands including through negligence which occur as a result or in relation to their actions or omissions; 

2.6 From time-to-time Nepal Driving School may on behalf of the driving instructor offer promotions or discounts to some or all Learners that may have the effect of you paying the driving instructor a lower amount than would otherwise have been the case; 

2.7 Learner driver must produce valid/legal learners permit or valid/legal overseas/international driver license upon instructor’s request; 

2.8 Follow all instructions of the Driving Instructor including all road signs and road rules; 

2.9 Act safely, being aware of risks, and not putting people or property in danger (including motor vehicles); 

2.1.1 Be respectful to Driving Instructors and Nepal Driving School staff; 

2.1.2 Taking reasonable steps to mitigate loss; and 

2.1.3 We may use the images, videos and photos of our students for various purposes, such as publications, public relations, and social media. We’ll do so, only after you have granted us the permission to publish your images, videos and photos. 

3. Driving Lessons:

The Learner Driver agrees that when you use the service you will comply with the following rules: 

3.1 Safe footwear to be worn while driving. Open footwear, (barefoot) including high heels is deemed unsafe for training and driving test purposes; 

3.2 Driving lessons and the VicRoads practical driving test are subject to instructor availability; 

3.3 Be contactable prior to a driving lesson so the instructor can SMS/text or call you upon arrival at the meeting point; 

3.4 Arrive on time at agreed location for a lesson with Driving Instructors;  

3.5 If you arrive late for a lesson, the instructor shall only be able to offer you the remaining lesson time at full cost if he/she has a lesson booked following your lesson; 

3.6 If you need to perform any other personal activities during booked driving lesson time period, the lost lesson time will not be compensated by the driving instructor; 

3.7 If the learner driver is not present or contactable for the commencement of a driving lesson, driving instructors shall wait a maximum of 15 minutes after which the lesson is forfeited; 

3.8 Use of mobile phone or other similar hand-held electronic devices are strictly prohibited while undertaking driving lessons; 

4. Practical Driving Test:

The Learner Driver agrees that when you use the service you will comply with the following rules: 

4.1 It is essential you check with your instructor for his/her availability prior to booking the driving test with VicRoads or you will need to change your test date with VicRoads at your own cost; 

4.2 On test day when meeting at designated VicRoads location arrive at least 15-20 minutes prior to test or lesson; 

4.3 When meeting at designated VicRoads location have your mobile phone turned on and be reachable so your allocated instructor can find you; 

4.4 Phone must be switched off during the driving test; 

4.5 On VicRoads practical drive test day have all relevant documentation (including VicRoads appointment receipt, valid Hazard Perception Test (HPT) documents, eye wear and log book) relating to your personal circumstances and meet all the VicRoads criteria and as specified by the VicRoads testing officer/management on the day. On VicRoads practical drive test day if applicable have the following essential items ready; 

• Have corrective eye wear 
• Have the log book that meets the expectation of the VicRoads testing officer 
• Overseas Drivers – present valid overseas driver license and supporting documents. 

5. Driving Lesson Packages (5 or more lessons):

The Learner Driver agrees that when you use the service you will comply with the following rules: 

5.1 Driving lesson packages once commenced cannot be changed to a different location from the location initially offered, as all instructors have designated home base areas; 

5.2 Driving lesson packages are non-transferable between clients; 

5.3 Driving lesson packages are non-transferable between instructors; 

5.4 Driving lesson packages once commenced cannot be changed to a different package. The learner may however book additional lessons or another package in between the original package; 

5.5 All pre-paid packages including coupons and vouchers are valid for 3 months from date of purchase and must be completed in full within the 3-month period. After the 3-month period all forms of packages will be deemed expired; 

5.6 Under special circumstances a request to extend a package may be granted. The request MUST be made prior to the package expiry via email to admin@nepaldrivingschool.com.au 

6. Termination:

6.1 The Learner Driver agrees that Nepal Driving School in our sole discretion may restrict, suspend or cancel the Learner Driver’s registration/ driving lesson immediately after providing Written Notice in a number of circumstances; and 

6.2 The Learner Driver agrees that if they fail to perform their obligations under this Agreement and do not rectify the fault within 14 days after being provided notice of such breaches, Nepal Driving School may restrict, suspend or cancel a Learner Driver’s registration/driving lesson by giving Written Notice to the Learner Driver. 

6.3 You may terminate these Terms at any time. If you terminate these Terms, you will not be able to use or access our Services. 

6.4 If you terminate these Terms in accordance with clause 6.3, Nepal Driving School will retain your personal information and account data for record-keeping purposes in accordance with our Privacy Policy. 

6.5 Termination of these Terms for any cause shall not release a party from any liability which at the time of termination has already accrued to such party or which thereafter may accrue in respect of any act or omission prior to such termination. 

7. General

7.1 Nepal Driving School (and its Affiliates) cannot control any fees that may be charged by your bank, credit/debit card company or payment method related to our collection of Service Fees and we disclaim all liability in this regard. 

7.2 We will offer a refund in certain circumstances if we are required by law to offer you or provide you with a refund. In all other circumstances, refunds will be offered in our sole discretion. 

7.3 If you fail to meet your payment obligations under these Terms, Nepal Driving School (or its Affiliates) may disclose such credit information and credit related personal information to credit reporting bodies as permitted under the Privacy Act 1988 and the Privacy (Credit Reporting) Code in Australia. 

8. LIABILITY 

8.1 Subject to these Terms, the services provided by Nepal Driving School (or its Affiliates) are provided “as is” and “as available”. To the fullest extent permitted by applicable law, services provided by Nepal Driving School (or its Affiliates) are provided without warranty of any kind. We give no warranties as to the availability, performance, reliability or fitness for purpose at any time. Your access and use of the service is at your own risk. 

8.2 By using the service you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any other parties will be limited to a claim against those other parties who caused you harm. This includes any loss or damage to you, your property, or to anyone else that occurs in connection with your use of the Services. Unless prevented by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from Nepal Driving School (or its Affiliates) with respect to such actions or omissions. 

8.3 You acknowledge and agree that, by making a request for Services, you enter into an agreement for the provision of those services directly with the driving instructor. Each request that you make gives effect to a separate agreement between you and the relevant driving instructor. Unless otherwise agreed between you and a driving instructor, the Standard Terms for Services available on our website at https://nepaldrivingschool.com.au are incorporated into the agreement for Services between you and the driving instructor. Unless prevented by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from Nepal Driving School (or its Affiliates). 

8.4 We and our Affiliates have no responsibility for any personal or financial losses (direct or indirect), costs, claims, damages, expenses or liabilities of whatever nature and however arising from these Terms, the use of our services. 

8.5 You acknowledge that we have the right, in our sole discretion, to suspend or terminate your use of the services for breach of these Terms or for any reason that we consider appropriate. 

8.6 Nepal Driving School (and its Affiliates) will not be liable for any incidental, special, exemplary, punitive, indirect or consequential loss or damage arising out of these Terms, your use of our services or in relation to any Service booked through our website or other communication media including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of data, loss of goodwill, personal injury or property damage even if we have been advised of the possibility of such loss. 

8.7 Nepal Driving School (and its Affiliates) have no responsibility for any personal or financial losses (direct or indirect), costs, expenses or liabilities of whatever nature and however arising which result from the use of our services, unless we are required to by law or such losses, costs, expenses or liabilities arise as a direct result of any willful default, fraud, or dishonesty on our part. 

8.8 Subject to your rights at law, you indemnify and will keep indemnified Nepal Driving School and its Affiliates against all loss or damage suffered or incurred by you arising from or in connection with your use of our services or in relation to any Service you book through us. 

8.9 Nothing in these Terms excludes or limits rights you have under the Australian Consumer Law. If you are a consumer (as defined by the Consumer Legislation), certain goods and services provided to you under these Terms may come with certain consumer guarantees. If we fail to comply with those consumer guarantees, you may have rights against us which we are prohibited by law from excluding, restricting or modifying. Our liability for breach of any consumer guarantee applicable to our supply of goods or services, is (to the extent permitted by the Consumer Legislation) limited to any one or more of the following, as determined by us: 

(a) the supply of equivalent goods or services again; and 

(b) the payment of the cost of acquiring equivalent goods or having the services supplied again. 

8.10 Except for our obligations to pay any amount to you under these Terms, and to the extent permitted by applicable law, including the Consumer Legislation, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with your use of the Service or in relation to the provision of Services to you will be limited to one thousand ($1,000) Australian dollars. 

8.11 Without in any way limiting any other provision of these Terms, to the maximum extent permitted by applicable law, neither Nepal Driving School nor any of its Affiliates assume any liability or responsibility for any: 

(a) personal injury (including death) or property damage, of any nature whatsoever, in connection with the performance of the Services or the access to or use of Service; 

(b) errors, mistakes or inaccuracies of our Service; 

(c) interruption or cessation of transmission to or from the website or any other communication channel; 

(d) errors or omissions in any content or loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the website or any other communication channel; 

(e) bugs, viruses, trojan horses or the like that may be transmitted to or through the website, email, SMS by any third party; or 

(f) unauthorized access to or use of Nepal Driving School’s or any Affiliates or service providers’ secure servers and/or any and all personal information stored therein by any third party. 

9. Cancellations & Refund Policy

Cancellations must be done at least 24 hours before the driving, or the full fee will be charged. 

*Please Note: If you have an overseas driver licence and fail the driving test, you will no longer be able to drive in Victoria with that licence.

9.1(a) While learning to drive, learner driver must provide and carry their Learner Permit / Overseas Licence (Original). If you are unable to provide the learner permit or overseas licence (original) on the day of your appointment or drive test, you will forfeit your appointment and drive test fees and the drive test will not be conducted.

9.1(b) The learner driver must present the appropriate Learner permit or other licences before the start of each driving lesson, and they must remain in the student’s possession throughout the learning/teaching process.

9.1(c) If you are suspended or disqualified from obtaining a driver licence or learner permit on the date of your drive test, you will not be permitted to sit it and you will forfeit your appointment and drive test fees.

***Please Note: Providing false and/or misleading information or documents to VicRoads is a serious offence under the Road Safety Act 1986 and/or Marine Safety Act 2010 and can result in you being fined or imprisoned. Any authority or approval, given as a result of you providing such information/documents, may be reversed and have no effect.

9.2 If a student needs to cancel a driving test and has given 24-hour notice, 15% of payment may be non-refundable for admin fees.

9.3 If the Learner Driver cancels or reschedules 24 hours or less before the driving lesson is due to start, or in a ‘no show’, then – 

(a) Driving Instructor will be entitled to charge the Learner Driver for the total price of that lesson; and 

(b) Learner Driver acknowledges and agrees that the fee for cancellation or rescheduling  referred to in clause 9.3 (a), being the total price of the driving lesson, is not excessive and relates to the reasonable costs and expenses incurred by Nepal Driving School and the Driving Instructor. 

9.4 If a Driving Instructor cancels a lesson at any time before that driving lesson, Nepal Driving School will, attempt to provide a substitute Driving Instructor. 

9.5 If a substitute Driving Instructor is also not available, Nepal Driving School will provide two options to the Learner Driver:  

(a) The re-supply of its services at different date/time; or 

(b) A refund to the cardholder, the total amount of the driving lesson fee. 

9.6 If you arrive late for a driving lesson, the instructor shall only be able to offer you the remaining lesson time at full cost if he/she has a driving lesson booked following your lesson. If you are a no show for a lesson, the full amount is payable to Nepal Driving School. 

9.7 If the student books their own practical drive test with the VicRoads and gives the wrong date, time or testing center to booking office/driving instructor or if the VicRoads officer/management does not accept your documents (including insufficient documents) or you do not meet their criteria and the test is rejected we do not offer any refunds or discounts on further bookings, the full cost of the practical drive test is payable to the instructor or if paid on the credit card, then no refund will be given.

9.8 You cannot sell or transfer lessons which have been purchased in your name to any other person except for gift vouchers deals that may be split between family or friends.

9.9 If for any reason you wish to get a refund and it has been approved by the driving instructor, then the funds will be returned in the manner they were given. E.g.; by credit card. This may take up to 30 days to happen.

9.1.1 The learner must have 0 Blood Alcohol Content in their system or must not have any prescribed medication that affects consciousness or illegal drugs in your body during the driving lesson otherwise the lesson is forfeited. Driving Instructor will be entitled to charge the Learner Driver for the total price of that lesson. 

9.1.2 An exception if a medical doctor’s certificate is provided.

9.1.3 Any form of payment is valid only for six months from the date of purchase. The student must complete the driving lesson within six months or payment will be forfeited. 

All situations will be considered in a fair and individual manner and all decisions will be final from the management.

10. FORCE MAJEURE

10.1 In the case of a force majeure event, where Nepal Driving School is the affected party it may temporarily suspend the performance of its obligations under these Terms until the effect of such force majeure event ceases and will bear no liability; provided, however, that it must use reasonable efforts to resolve such event. Force majeure means any unforeseeable or unavoidable (even if foreseeable) event beyond the control of the parties which prevents, affects or delays a party’s performance of all or part of its obligations under these Terms. Such events include but are not limited to those caused by acts of God, war, changes in policies, pandemics, epidemics, computer viruses, hacker attacks or suspension of services provided by telecommunication agencies.

11. COMPLAINTS & DISPUTES

12.1 If you have any comments, feedback or a complaint regarding the website, our services, please contact us by emailing our customer service department at admin@nepaldrivingschool.com.au or you could provide feedback anonymously via feedback tab at our website, www.nepaldrivingschool.com.au. 

12.2 You understand and agree that any complaint or dispute in relation to a Service Fee and/or Fare must be filed within twenty-one (21) days of the transaction. You acknowledge and accept that any complaint or dispute filed outside this timeframe will not be considered by Nepal Driving School. 

12.3 If you have a concern regarding these Terms, please contact us and inform us of the basis of your concern. We will endeavor to resolve the dispute by negotiation with you. If we cannot settle the dispute then you agree that you will use your best endeavors to agree to an appropriate dispute resolution process with us. This does not limit our rights under these Terms, including to limit, suspend, deactivate or cancel your use of the service. We reserve the right to seek injunctive or other equitable relief. 

All communication between client, driving school and instructor is best done via email: nepaldrivingschoolmelb@gmail.com and CC to admin@nepaldrivingschool.com.au for our records. 

These Terms will commence on the date they are accepted by you (electronically or otherwise) and will continue until terminated by you or Nepal Driving School. 

By booking a lesson with Nepal Driving School you agree to the terms and conditions above. 

Definitions: 

The following words carry the following meanings: 

Nepal Driving School means driving lesson service provider; 

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

Learner/Learner Driver means the person who is undertaking a driving lesson with Nepal Driving School; 

Student means the person who is undertaking a driving lesson with Nepal Driving School; 

Service means Nepal Driving School providing driving lesson, VicRoads driving test service to the learner driver for agreed fee and any other associated services. 

Termination means those events set out under “Termination” sub-heading. 

Privacy Policy means the Nepal Driving School’s Privacy Policy; 

Written Notice includes notification given by email, SMS and other service registration forms.