In these terms and conditions ,’we’ ‘us’ and ‘our’ refers to the owner of the website pandadriving.com.
Please read the Terms and Conditions agreement carefully before accessing or using any information and services available through Panda Driving School website. By using this website, you agree to abide by the terms and conditions set out in this Agreement.
By accessing this website and/or purchasing something from us, you are engage in our service and agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the site. The materials contained in this website are protected by applicable copyright and trade mark laws.
This Agreement is between:
Panda Driving School; and
the Learner Driver who has service by using pandadriving.com in accordance with these Terms and Conditions.
The Learner Driver acknowledges and agrees that –
they are directly engaging a Driving Instructor, who is at all times acting as an independent contractor to schedule, arrange and give driving lessons;
Panda Driving School, and the pandadriving.com website, is the conduit between Driving Instructors and Learner Drivers;
any agreement to undertake driving lessons is between the Learner Driver and the independent Driving Instructor, to which Panda Driving School is not a party:
the Driving Instructor is independent of Panda Driving School and is not an agent, employee, contractor or subcontractor of Panda Driving School, and Panda Driving School is not liable or responsible for the conduct, acts or omissions of the Driving Instructors; and
Panda Driving School does not itself check or carry out searches or due diligence on Driving Instructors. Learner Drivers are always responsible for and obliged to take all reasonable precautions in relation to their personal and property safety and security and Panda Driving School is not responsible or liable for any physical, mental or emotional loss, claim, harm or damage suffered as a result or in connection with, or consequence of booking or attending a lesson with a Driving Instructor.
GENERAL CONDITIONS
Driving lessons are provided by Panda Driving School. Where Panda Driving School is the provider, these terms govern the agreement between the participant ("you") and Panda Driving School; Driving lessons are provided by a Driving Instructor, who is at all times acting as an independent ABN, Where an instructor is the provider, that instructor provides the lessons in its own right, and these terms govern your agreement with the instructor. Panda Driving School or the instructor (as the case may be) is referred to as "we", "our" and "us" in these terms and conditions. By booking a driving lesson or lessons as part of driving Program of Panda Driving School ("Program"), you accept these terms and conditions ("Terms").
These Terms may be varied from time to time and will be updated on the website at www.pandadriving.com. You will be bound by the Terms you accept at the time of booking your lesson. If you book more than one lesson at the same time, the terms and conditions applicable at the time of booking will apply to each lesson booked at that time.
VEHICLE LIABILITY
When you decide to use a vehicle from us for the driving test with a RMS (Service NSW) testing officer and the driving instructor is not present in the vehicle during the practical driving test, or when the instructor is present and you fail to follow the directions provided by the instructor during the lesson, you will be responsible for the lower of the cost of repairs relating to damage caused or the insurance excess applicable, should the vehicle be damaged for whatever reason. If for any reason, your actions, whether they are intentional, reckless or careless, cause any damage to vehicles or property of Panda Driving School or the property of another, you will be liable for the cost of repairs relating to damage caused or the insurance excess applicable.
When you use our vehicle for any driving lesson under the supervision of the driving instructor, you will only be responsible for the lower cost of the repairs relating to damage caused or the insurance excess applicable, if you fail to follow the directions given by the driving instructor during that lesson.
If you breach any road rules during the course of your lesson, you will be responsible for traffic infringement notices arising while driving our vehicle.
The Learner Driver agrees not to do any acts or omit to do things that damages or may damage the reputation of Panda Driving School
PAYMENT CONDITIONS
Payment must be made at the beginning of the session directly to the instructor.
Accepted payment methods are cash or bank transfer.
LESSON BOOKINGS
Lessons can be booked via one of the following channels authorised by us:
a. Panda Driving School website www.pandadriving.com
b. Panda Driving School contact number (02) 8006 8898.
c. Panda Driving School Instructor or representative.
Standard lesson bookings can be made 24 hours prior to lesson time pending instructor availability. Lesson may be paid for at the beginning of the lesson or as otherwise agreed with the instructor.
We offer a variety of lesson products, however the accessibility of these products are dependent on the student's skill level and experience.
CANCELLATIONS/CHANGEOF BOOKING
You must give more than 24 hours notice to cancel or change your scheduled lesson/booking. If you decide to cancel or reschedule your driving lesson within 24 hours, you are liable for the total cost of your driving lesson.
We reserve the right to reschedule a lesson subject to the provision of reasonable notice. We reserve the right to refuse to provide a lesson where you are unfit to operate a vehicle as reasonably determined by us.
PROMOTIONS, DISCOUNTS & LESSON PACKAGES
Any discounts or Lesson Packages are not transferrable or redeemable for cash.
Promotions at times we may run varying promotions and in certain cases additional or different rules may apply. If additional or different rules do apply, we will notify you at the time of the promotion.
LESSONS
On-road lessons commence and end at the pre-determined pick-up point, determined at the time of booking the lesson. The duration of a standard on-road lesson is one hour, including lesson briefing and de-briefing.
PROVISION OF LESSONS
You must hold a current NSW/ACT driving licence (Class C LRN or C) or equivalent overseas licence and carry it with you at all times during a lesson.
The duration of the first standard on-road lesson will be at least 60 minutes, which includes briefing and/or debriefing time.
You must 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.
Mobile phones must be switched off or put on silent prior to entering the training vehicle.
For on-road lessons, you must be ready to commence the lesson 10 minutes prior to the agreed time. If you do not turn up at the agreed time for your lesson, your instructor will wait 15 minutes and may at the instructor's reasonable discretion deduct this from the total lesson time. If you turn up outside these times, your instructor may in his/her reasonable discretion choose not to proceed with the lesson and in such circumstances you will be liable for the cost of the lesson.
While every endeavour is made to commence the lesson at the scheduled time and with the scheduled instructor, no responsibility can be taken for circumstances beyond our control which may delay the start time or result in a change of instructor. If there are circumstances beyond our control which have delayed the start time of your lesson, we will offer you the full lesson time or, if that is not possible, we will offer you a lesson at another time.
You must comply with the instructions or directions of your instructor at all times, before or during a lesson.
We reserve the right to terminate a lesson if:
a. you engage in any behavior that your instructor determines is reckless; or
b. you fail to comply with the instructions or directions of your instructor before or during a lesson; or
c. you fail to comply with any special conditions on your license, i.e. wearing of glasses/contacts; or
d. your instructor has assessed your driving skills and competence and deems you to be unfit or unsafe to drive (see section 11 "Fitness to drive" below).
In the event that a lesson is terminated under the circumstances listed above you will be required to pay the full cost of the terminated lesson.
If and when you are deemed competent by your instructor, your instructor, may arrange for you to sit your NSW government driving test and you must pay your booking fee to Service NSW.
DRIVING TEST
Your instructor will only present you to the Roads and Maritime Services (NSW) if they deem you safe to sit your driving test.
You can take advantage of our First Go Guarantee if and when you are deemed competent by your instructor to sit your driving test. We do not accept any responsibility whatsoever for the outcome of any driving test otherwise.
Neither we nor our driving instructors accept any responsibility whatsoever if your driving test is cancelled due to any error(s) in your log book unless it is an entry we have made. Instructions on how to fill in the log book properly is presented in your log book so please use due diligence to make sure your log book meets necessary requirements before attending your driving test.
If your driving test is cancelled due to any error(s) in your log book, your Driving Test Package fee will be payable in full.
If you are presented to the Roads and Maritime Services (NSW) for a driving test by a incorrect time or location, your Driving Test Package fee will be payable in full.
LIMITATION OF LIABILITY, INSURANCE
Certain State and Commonwealth legislation, including the Consumer and Competition Act 2010 (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. Otherwise we exclude all conditions and warranties which may be implied by law.
To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, is restricted, our option, to:
a. the re-supply of the lessons; or
b. the payment of the cost of having the lessons re-supplied.
Except for any liability which cannot be excluded by law or that is caused by our negligence, we, our related bodies corporate and our and their officers, employees, franchisees, contractors and agents shall not be liable for any loss, damage or liability whatsoever which is suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained as a result of:
a. you participating in a lesson as part of the Program; or
b. your failure or refusal to follow an instruction or direction of your instructor before or during a lesson; or
c. you being assessed by your instructor as an unfit or unsafe driver; or
d. your instructor terminating a lesson in any of the circumstances set out in clause 9.8 or 11.3; or
e. you continuing to drive after you have been assessed as unfit or unsafe to drive by your instructor; or
f. your vehicle being assessed by your instructor as being unsafe to drive and/or un-roadworthy.
You indemnify and agree to keep us and our related bodies corporate and our and their officers, employees, contractors, franchisees and agents indemnified against any loss, damage, liability, costs and expenses in connection with your breach of these terms and conditions or any other legal obligation by you.
Neither we nor our driving instructors accept any liability whatsoever for personal property that is left in any instructor supplied vehicle or your vehicle.
If driving lessons take place in your own vehicle, you warrant that you are covered by compulsory third party insurance and that your vehicle is covered by comprehensive insurance.
We do not accept any responsibility whatsoever for the outcome of any driving test or assessments you take.
PRIVACY
Panda Driving School or Driving Instructor collects your personal information in order to provide lessons to you and to assess your driving skills and to assist in internal administration and operations including accounting, risk management, record keeping, archiving and testing. By booking a lesson you consent to receive further communications (including electronic communications) from Panda Driving School. For more information please visit www.pandadriving.com.
GOVERNING LAW
These terms and conditions are governed by the laws of New South Wales, Australia. We and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.