Terms and conditions
Last updated | June 12, 2023
These Terms govern the access or use by you, an individual or company (collectively, the “Users”), from within any Canadian jurisdiction for which the Services are made available by DriverEd.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING DriverEd SERVICES AND PRINT A COPY AND/OR RETAIN THIS INFORMATION ELECTRONICALLY FOR YOUR RECORDS.
1. Contractual Relationship
1.1 Access and Use.Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and DriverEd. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements as between you and DriverEd, if any.
1.2 Termination. DriverEd may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1.3 Supplemental Terms.Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
1.4 AmendmentDriverEd may amend the Terms related to the Services from time to time and without notice. Amendments will be effective upon DriverEd’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
2.1 Access and Use. DriverEd is an intermediary technology platform that enables users of DriverEd application or website (which shall be provided as part of the Services) to arrange driver education courses and/or driver training services with independent third-party providers of such services, including independent third party driver education courses providers and independent third party driver training providers under agreement with DriverEd. Unless otherwise agreed by DriverEd in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
2.2 Provision of the Services. You acknowledge that DriverEd is not a driving instructor and does not provide driver education or training services or function as a driving school and that all such driver education and training services are provided by independent third party providers of such services who are not employed by DriverEd.
2.4 License.Subject to your compliance with these Terms, DriverEd grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
(i) Access and use the Applications on your personal device solely in connection with your use of the Services; and
(ii) Access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by DriverEd.
2.5 Restrictions. Subject to present Terms or as otherwise permitted by DriverEd, you shall not at any time:
(i) remove any copyright, trademark or other proprietary notices from any portion of the Services
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by DriverEd;
(iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of the Services;
(v) cause or launch any programs or script for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
2.6 Ownership. The Services and all rights therein are and shall remain DriverEd’s property. Neither these Terms nor your use of the Services convey or grant to you any rights:
(i) in or related to the Services except for the limited license granted above; or
(ii) to use or reference in any manner DriverEd’s company, logo, product and service names, trademarks or services marks.
3. Your use of the Services
3.1 Users. Any reference to the “Users” of DriverEd Services in these Terms means the driving instructors (“Third Party Providers”) and/or all persons seeking driver education and/or driver training services (the “Clients”).
3.2 User Accounts. In order to use most aspects of the Services, Clients must register for and maintain an active personal user Services account (“Account”). You must be at least 16 years old or the legal age of driving in your jurisdiction (if different than 16), to obtain an Account. Account registration requires you to submit to DriverEd certain personal information, such as your name, address, email, mobile phone number and age, as well as to provide valid government-issued ID, and at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or DriverEd’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by DriverEd in writing, you may only possess one Account.
3.3 User Subscriptions. In order to use most aspects of the Services, driving instructors must have a paid Subscription Plan for the Services (“Account”). You must hold a valid driving instructors’ licence in your jurisdiction to obtain an Account. Your purchase of a Subscription Plan may be accessed by no more than the specified number of allowed users contained in the Subscription Plan. Your registration to a Subscription Plan requires you to submit to DriverEd certain personal information, such as your name, address, email, mobile phone number and age, as well as to provide proof of licence, valid certification, driver’s licence, insurance policy, and at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to- date information in your Subscription Account. Your failure to maintain accurate, complete, and up-to-date information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or DriverEd’s termination of these Terms with you. You are responsible for all activity that occurs under your Subscription Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
3.4 User Requirements and Conduct.The Services are not available for use by Clients under the legal age of driving or by driving instructors without a valid driving instructors’ licence and driver’s licence. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the driving instructor or any other party. You agree that you may be denied access to or use of the Services if you refuse or fail to follow user requirements and conduct.
3.5 Network Access and Devices.You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. DriverEd does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4.1 Client Charges. You understand that use of the Services may result in charges to you for the services and goods you receive from a Third-Party Provider. Before you obtain such services and goods, DriverEd will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required All Charges are due immediately and payment will be facilitated by by law. DriverEd using the preferred payment method designated in your Account, after which DriverEd will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DriverEd may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. DriverEd will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good.
4.2 Subscription Billing. You understand that use of the Services may result in charges to you for the services you receive from DriverEd. All Charges are due immediately and payment will be facilitated by DriverEd using the preferred payment method designated in your Subscription Account, after which DriverEd will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DriverEd may use a secondary payment method in your Account, if available.
4.3 Refund and Cancellation. Charges paid by you are final and non-refundable, unless otherwise determined by DriverEd. You understand that you are subject to each Third-Party Providers’ own refund and cancellation policies. We encourage you to learn and understand those policies.
5. Disclaimers; Limitation of Liability; Indemnity
5.1 Disclaimer. The services are provided “as is” and “as available.” DriverEd disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, DriverEd makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. DriverEd does not guarantee the quality, suitability, safety or ability of Third-Party Providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
5.2 Limitation of Liability. DriverEd shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if DriverEd has been advised of the possibility of such damages. DriverEd shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any Third-Party Provider. DriverEd shall not be liable for delay or failure in performance resulting from causes beyond DriverEd’s reasonable control.
DriverEd’s services may be used by you to request and schedule driver education and driver training services with Third Party Providers, but you agree that DriverEd has no responsibility or liability to you related to any services provided to you by Third Party Providers other than as expressly set forth in these terms.
The limitations and disclaimer in this Section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
5.3 Indemnity. You agree to indemnify and hold DriverEd and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
(i) your use of the Services or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) DriverEd’s use of your User Content; or
(iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law
6.1 Jurisdiction. These Conditions shall be governed by the laws of Canada and the Province of Ontario. Byaccepting the services provided under these Conditions, the Customer irrevocably attorns to the exclusive jurisdiction of the Courts of Ontario and the Federal Court of Canada.
6.2 Electronic Communication.The Parties agree that where they have used electronic communications to transact in whole or in part any business, such communications will be given legal effect in accordance with the provisions (as far as they may be applicable) of the Uniform Electronic Commerce Act as approved by the Uniform Law Conference of Canada.
7. Other Provisions
7.1 Assigns or Transfers. You may not assign or transfer these Terms in whole or in part without DriverEd’s prior written approval.
7.2 Relationship. No joint venture, partnership, employment or agency relationship exists between the Users and DriverEd as a result of these Terms or use of the Services.
7.3 Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
7.4 Entire Agreement. The Company hereby express, and the Customer agrees, that all disputes, controversies or claims of any kind and nature between the parties hereto, arising out of or in any way related to the within agreement, its interpretation, performance or breach, shall be resolved amicably and exclusively by settlement, including alternative dispute resolution (ADR) mechanisms.