Terms and Conditions

Customer Agreement

(Effective 1 February 2012 and subject to change)

INTRODUCTION
These terms and conditions(“The Terms”) govern the agreement between the Customer (“you”), the Instructor and North Queensland Therapy Services Pty Ltd ACN 099 919 347 of 139 Boundary Street, South Townsville, Qld(NQTS). By booking a Lesson with us, you are bound by the Terms.

NQTS operates Graduate School of Motoring (GSOM) in Queensland. The Instructor is an independent licensee of GSOM.

MEANING OF WORDS

In this agreement:

‘Adding Credit’ or ‘Deposit’ means the process of making a deposit of funds into your Wallet using one of the Payment Methods, which will be available for payment of lesson booking charges after Payment Clearance.
‘Booking Fee’ means 2% of the Lesson Cost for each Lesson booking made online and may vary from time to time.
‘Customer’ means the person entering into this agreement. The Customer must be over the age of 18 and may be the same person as the Learner.
‘Credit’ means credit balance in your Wallet taking into account all Deposits into the account and less any Payments for Lesson Cost, Booking Fees, or other valid charges.
‘Instructor’ means an accrediteddriving instructor you book to provide a Learner with a Lesson.
‘Lesson’ means a motor vehicle driving lesson provided by the Instructor through Graduate School of Motoring
‘Lesson Cost’ means the Price net of any applicable GSOM discounts
‘Lesson Management System Content’ means all text, graphics, video, data or other content on the Lesson Management System Site.
‘Payment Methods’ means Electronic Funds Transfer (EFT), Credit Card payment (either Visa or MasterCard), or Direct Deposit to our nominated bank account as advised on line.
‘Payment Clearance’ means the time between you making a payment using a Payment Method other than Credit Card and the Deposit appearing in the banking records of the Booking Agent.
‘Price’means the price charged to the Customer for the Lesson and set out in this document as varied from time to time and advised to you prior to payment.
‘Return’ is the repayment to you of any credit balance in your Wallet after all valid payments and charges for Lessons, Cancellations and No Shows and other fees and charges payable to us and the
Instructor.
‘User’ means the Customer
‘Vehicle’ means the motor vehicle used to conduct the Lesson
‘Wallet’ means the account established with the Booking Agent.
‘We’, ‘our’ and ‘us’ means the Instructor or GSOM as the case may be.
‘You’ means the customer.
‘Your Vehicle’ includes any Vehicles not provided by us regardless of who owns the vehicle.

PROVISION OF LESSONS

We provide Lessons on the Terms which take effect at the time of booking. If you book more than one lesson at the same time, the Terms at the time of booking will apply to each lesson booked at that time. In return for the payment of the Lesson Cost and Booking Fee, we provide you with a Lesson by the Instructor notified at the time of booking unless otherwise notified by us.

The Terms may be varied at any time subject to giving you reasonable notice via the website www.gsom.com.au. If you continue to book Lessons after the date on which any changes to theTerms take effect, you will be deemed to have agreed to such changes.

BOOKING LESSONS WITH US

You must book all Lessons through the Booking Agent either via the Call Centre on 07 4772 2323 or the Lesson Management System Site at www.gsom.com.au.

Any bookings made directly with an Instructor will be of no effect until you have notified the Booking Agent and the Booking Agent has confirmed that booking. If an Instructor provides you with a Lesson which has not been booked through the Booking Agent, you agree that the Terms apply to that Lesson as if you had booked the Lesson through the Booking Agent.

The lessons available from us are as follows:

The duration of the Lesson (including both on-road and off-road time) includes briefing and debriefing time. Lessons commence at a pick-up point determined at the time of booking unless otherwise agreed with the instructor.

YOUR WALLET

You cannot book a Lesson unless your Wallet has Credit not less than the Lesson Cost and the Booking Fee. You can Add Credit to your Wallet by depositing funds using one of the Payment Methods. You may deposit up to a maximum of $1000 into your wallet at any one time.

The funds in your wallet will not attract interest and may only be used by you or an authorised person acting on your behalf, who can answer the 3 point privacy check performed by the Call Centre.

A receipt for each deposit to your Wallet is available on the Lesson Management System Site or from the Booking Agent upon Request.

RETURN OF WALLET CREDIT

You may request a Return of Credit in your Wallet at any time. We will process the Return within 3 working days after the request to Credit Card used for payment or your nominated bank account, less a processing fee equivalent to the Booking Fee where Booking Fee has already been paid.

PAYMENT FOR YOUR BOOKINGS

You must pay the Lesson Cost and the Booking Fee in full at the time of booking by confirming that the amounts for those items may be debited from your wallet. The Instructor is not obliged to provide you with a Lesson if the Lesson Cost has not been paid in full. If the Instructor provides you with a lesson before the Lesson Cost is paid in Full, any part of the Lesson Cost outstanding for the Lesson is a debt due to us and payable immediately on demand whether or not any further lessons are provided to you.

Overdue Invoices will be charged an account keeping fee of $10 each month (or part thereof) while such invoices remain outstanding.

A Tax Invoice for each Lesson is available on the Lesson Management System Site or from the Booking Agent upon Request.

RESCHEDULING OF LESSONS

If you wish to reschedule a lesson, you must do so through the Booking Agent. If you reschedule a Lesson with less than 48 hours advance notice of the scheduled time, we reserve the right to consider the Lesson cancelled and charge as set out below.

We may reschedule a Lesson at any time by giving you reasonable notice including by telephone, email or SMS.

CANCELLING THE LESSON

If you wish to cancel a Lesson, you must do so through the Booking Agent. If you cancel the Lesson with less than 48 hours, the Lesson will be credited as follows:

If you cancel a Lesson with more than 48 hours notice, you may request a refund of any money paid for the Lesson less a handling fee of $10.00 or apply any Credit for the Lesson in full towards another lesson.

LATENESS AND NON ATTENDANCE (NO SHOWS)

If you arrive late for a Lesson, the Instructor will only be able to offer you the remaining Lesson time if they have a commitment to another Lesson immediately after, and you will be charged for the full Lesson Cost for the Lesson.

If you are more than 10 minutes late for a Lesson without notifying us, we reserve the right (at the instructor’s reasonable discretion) to cancel the Lesson and charge the full lesson cost.

If you do not attend a Lesson (No Show) we reserve the right to cancel the Lesson (at the instructor’s reasonable discretion) and charge the full lesson cost for the lesson.

WHEN WE WILL TERMINATE A LESSON (at the Instructor’s reasonable discretion)

If and when you are deemed competent by your instructor, your instructor may recommend you to sit a Q-safe practical driving Assessment if you are a Queensland Resident.

YOUR VEHICLE USED IN LESSON

A Lesson can be provided by the Instructor in your Vehicle if so requested at time of booking. The instructor must not provide a Lesson in your vehicle unless they are satisfied that your vehicle is registered, insured, safe fit for purpose of providing the Lesson, and displays all signs required by law relating to learner drivers. If your vehicle does not meet any of our requirements at the commencement of a lesson, and an alternative suitable vehicle is not readily available then the lesson will be cancelled and the lesson cost for the lesson will not be refunded.

ACKNOWLEDGEMENTS

You acknowledge that:

• The instructor has sole discretion as to whether a Lesson will commence or continue;
• The participation in a lesson does not guarantee that you will acquire the necessary skills to pass any driving test;
• Driving a motor vehicle is an inherently risky activity and there is the risk of significant personal injury or damage to property;
• We do not accept any liability whatsoever for personal property that is left in a vehicle or on our premises; and
• If you are not the Learner, you have made the learner aware of these acknowledgements.

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 resupply of the lesson.

You agree to indemnify and keep us indemnified against any loss, damage, liability or cost whatsoever (including to a third party) in connection with:

• Your breach of the Terms including the Learners 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.

NO WARRANTIES

We give no warranty or guarantee that you will:

• Pass a practical driving assessment with a Qld Department of Transport and Main Roads Examiner; or
• Pass any other equivalent state or Territory based test; or
• Gain or develop the required skills to pass any driving test.

USE OF WEBSITE

Much of the lesson Management System Content is updated on a real time basis and is proprietary or licensed to the Booking Agent or Third Parties. By using the Lesson Management System Site, you agree not to:

• Use any robot, spider, scraper or other automatic device, process or means to access the Lesson Management System Site for any purpose without the Booking Agents prior written permission;
• Take any action that imposes or may impose (in the Booking Agents sole Discretion) an unreasonable or disproportionately large load on the Lesson Management System site;
• Implement any manual processes to monitor or copy the Lesson Management System Content without the Booking Agents prior written permission;
• Utilise any device, software or routine that will interfere or attempt to interfere with the functionality of the lesson Management System site; and
• You must have JavaScript enabled to use this site. Portions of the Lesson Management Site, including but not limited to: making, modifying or cancelling bookings, may not be accessible with JavaScript disabled; and
• You must have Cookies enabled to use this site. Portions of the Lesson Management System Site, including but not limited to: making, modifying or cancelling bookings, may not be accessible with Cookies Disabled.

The Lesson Management System Site may be modified or terminated without notice at any time. We may use commercially reasonable efforts to send notice to our registered users if such termination is to occur.

USER NAME AND PASSWORD SECURITY

• You are solely responsible for maintaining the confidentiality of your User Name and Password.
• You are solely responsible for any and all activities that occur under your User Name and Password.
• You agree to notify the Booking Agent immediately of any unauthorised use of your user name and password or any other breach of security
• You are liable for all acts or omissions that occur under your user name and password.
• If, in the Booking Agents reasonable opinion, you breach any of the terms or conditions governing your use of the Lesson Management System Site, the Booking Agent may suspend your access to the Lesson Management System Site and if (in the booking agents reasonable opinion) necessary, initiate criminal or civil proceedings against you.

INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER

The information, software or services provided by the Lesson Management System Site (“Services”) and the Lesson Management System Content are protected by copyright, trademark, patent and other intellectual property laws. The Lesson Management System Content is provided to you by the Booking Agent for the sole purpose of booking, paying and managing your lessons. You shall not copy, display, modify, create derivative works or, publish, or sell the Lesson Management System Content or the Services provided hereunder.

The Lesson Management System Content may be modified from time to time in the Booking Agent’s Sole discretion except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or the Lesson Management System Content by you shall constitute a material breach of this agreement. Nothing in this agreement shall affect any rights of the Booking agent in the Services of the lesson ManagementSystem Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right or interest in any trademarks of the Lesson Management System Site or any third party is granted under this agreement.

LINKS TO THIRD PARTY SITES

The lesson Management System Site may contain hypertext links to websites operated by parties other than the booking agent. Such hypertext links are provided for your reference only and the booking agent does not control such websites and is not responsible for their content. The booking agents’ inclusion of any hypertext links to such websites does not imply any endorsement of the content of such websites or any association with their operators.

PRIVACY

You agree that any personal information given to us or to the booking agent can be stored and used by us and the booking agent for the purpose of providing lessons to you and for the purposes reasonably incidental thereto including the due administration and management of our business.

We will maintain and duly observe a privacy policy published at www.gsom.com.au

CURRENCY

All prices and charges are in Australian Dollars (AUD) including GST as applicable

APPLICABLE LAW

This agreement is governed by the laws of Queensland

LEARNER’S 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 special requirements of the learners 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 otherwise unable to concentrate or control the vehicle

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 Learners driving skills; and
• To comply with the Department of Transport and Main Roads Code of conduct for Driver Trainers.

TERMS AND CONDITIONS OF THE DEBITSUCCESS CONTRACT

1. INTRODUCTION This document outlines the rights and responsibilities you have with regard to the ability of DebitSuccess Pty Ltd to directly debit your nominated bank account or credit card for any instalments or fees due by you under the terms and conditions of this Contract and DDR Service Agreement, the terms of which are stated below. Should you have queries regarding your Contract or this DDR form you should in the first instance contact DebitSuccess on 1-800 148 848. All queries regarding the provision of services by the Facility should be directed to the Facility.

2. PARTIES TO CONTRACT The "Company" means the organisation providing the goods or services for which the Customer is paying. The "Customer" means the person or party signing this Contract. "DebitSuccess" is DebitSuccess Pty Limited, PO Box 577, Mt Waverley, Vic, 3149, Phone: 1-800 148 848, E-mail: customerservice@debitsuccess.com. All communication relating to this Contract is to be sent directly to DebitSuccess. The Customer acknowledges that DebitSuccess has been contracted by the Company to collect the Instalments due under this Contract, and also acknowledges that all rights of the Company pursuant to this Contract are able to be enforced by DebitSuccess as if it were the Company without any involvement on the part of the Company or the consent of the Customer.

3. PAYMENTS The Customer agrees to pay the instalment amount at the agreed payment frequency until this Contract is terminated in accordance with clause 4 below. Should there be any arrears in payments the Customer authorises DebitSuccess to debit the outstanding balance in order to bring the account up to date.

4. TERMINATION OF CONTRACT The Customer may terminate this Contract before the expiry of the minimum term or payments if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee as specified on the front of this Contract is paid to DebitSuccess. If the cancellation fee has been left blank or has been crossed out then this Contract may not be cancelled before the expiry of the minimum term or payments. After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Contract requesting termination at minimum term be marked then this Contract shall automatically terminate. Should the box on the front of this Contract requesting termination after the minimum term not be marked, then this Contract shall continue indefinitely until such time as the Customer requests DebitSuccess, after the expiry of the minimum term for it to terminate. There will be a period of notice of 30 days unless otherwise specified by the Company between the date of request and the date of actual termination during which any payments due must still be paid in full. The Customer should contact DebitSuccess if they have not received written confirmation of the termination within the 30 day period. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by DebitSuccess. The Customer shall not consider that this Contract has been terminated until such time as this is confirmed in writing to the Customer by DebitSuccess (not more than 14 days the termination date). Termination of this Contract will also terminate the Direct Debit Request Authority.

5. BREACH OF CONTRACT The Customer, DebitSuccess and the Company each hold reciprocal rights of termination for a material breach of any term or condition of this Contract. The Contract will be terminated upon receipt of written notice outlining the relevant breach.

6. ADMINISTRATION FEE A one-off fee of $10.00 is payable to DebitSuccess by the Customer on signing of this Contract.

7. PRIVACY A Customer's "personal information" (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by DebitSuccess to provide you with the services contemplated by this Contract. DebitSuccess' Privacy Statement is to be found on its website www.debitsuccess.com.

8. LIABILITY To the extent permitted by law, DebitSuccess hereby excludes any liability of DebitSuccess to the Customer in contract, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Customer and/or any other person, or for any costs, charges or expenses incurred by the Customer, arising from or in connection with this Contract and/or the services/products provided by DebitSuccess, and/or any act or omission of DebitSuccess.

9. CREDIT/DEBT REPORTING AGENCIES Upon default by the Customer in regard to any obligation under this Contract and failure to remedy the default after notification by DebitSuccess, the Customer authorises DebitSuccess to notify any debt collection/credit reporting agency of the default. Should this occur then at DebitSuccess' sole discretion it may terminate the Contract at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. The Customer authorises DebitSuccess to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being DebitSuccess' expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.

10. INCREASE IN FEES DebitSuccess may at any time AFTER the end of the minimum term, upon sending written notice to the Customer's last known address and giving 14 days notice, increase the instalment amount. If the Customer wishes to terminate this Contract as a result of the increase in the instalment amount, the Customer must notify DebitSuccess in writing within 14 days of the date of the written notice sent by DebitSuccess. The Contract will be terminated upon receipt of this notice. If the Customer does not notify DebitSuccess of its intention to terminate this Contract within such specified time period, then this Contract will remain in force and the increase in the instalment amount will be deemed to be accepted by the Customer.

11. ENTIRE AGREEMENT This Contract, the DDR Service Agreement and any agreement entered into between the Customer and the Company (the "Company Agreement") constitute the entire agreement, understanding and arrangement (express and implied) between the Customer, the Company and DebitSuccess relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral. In the event of any inconsistency between the term(s) of this Contract, the DDR Service Agreement and the Company Agreement, (where such inconsistent term(s) specifically relate to the rights and obligations of the Company, other than the right to unilaterally vary fees payable), the term(s) of the Company Agreement (which specifically relate to the rights and obligations of the Company) will prevail only to the extent of such inconsistency. If any provision of this Contract is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from this Contract.

TERMS AND CONDITIONS OF THE DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT

1. INITIAL TERMS DebitSuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the DebitSuccess DDR Contract signed and accepted by you.

2. CHANGE OF TERMS In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days notice of the changes including if applicable the new amount, new frequency and next debit date.

3. DEFERRING OR STOPPING A PAYMENT Should you wish to defer a payment to another date you must contact DebitSuccess before the date of that payment to request the deferment. Deferments are entirely at the discretion of DebitSuccess and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue

4. ALTERING THE SCHEDULE Should you wish to alter the payment frequency or Day to Debit contact DebitSuccess and at our discretion in most instances we will be able to make the changes you require. There may be a fee charged for this service (details of any fees payable can be obtained by contacting DebitSuccess on 1-800 148 848). Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.

5. SUSPENDING THE PAYMENTS Suspension of payments may be possible under the terms of your Contract. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. In order to suspend payments you should contact DebitSuccess at least 3 days prior to the date of the first suspended payment. There is a charge of $5.00 per week while the contract is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the minimum term of the Contract so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.

6. CANCELLING THE PAYMENTS You can cancel this Direct Debit Request Authority by requesting this of DebitSuccess or your bank. Cancellation of the authority to debit your account will not terminate this Contract or remove your liability to make the payments you have agreed to.

7. DISPUTES If you dispute any debit payment, you must notify DebitSuccess immediately. DebitSuccess will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.

8. NON WORKING DAY When the Day to Debit falls on a weekend or public holiday the debit will be initiated on the next working day.

9. DISHONOURED PAYMENTS It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured DebitSuccess will debit you an additional $10 with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. DebitSuccess may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract (refer to clause 9 Credit/Debt Reporting Agencies).

10. ENQUIRIES All enquiries should be directed to DebitSuccess and these should be made at least 1 working day prior to the next scheduled debit date.

11. YOUR OTHER RESPONSIBILITIES In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide DebitSuccess with a new account number.