Terms and Conditions YLOO Drive

Introduction

The terms and conditions which govern your use of the YLOO Drive website and app (together referred to as Platform) made available at https://www.yloodrive.com/ and https://app.yloodrive.com/ are set out below.

The Platform is provided by YLOO Pty Ltd atf the DecoWear Trust (ABN: 98 809 234 993) (we, us and our) to users (you and your).

The Platform is an online platform through which driving instructors (Instructors) can promote their services (Services) and those wanting driving tuition (Students) can promote their requirements for driving tuition and both Instructors and Students can book Services.

These terms and conditions govern use of the Platform by Students and Instructors.

Relationship with Students and Instructors

The Services are provided by Instructors who run and operate their own business separate to us. Each Service promoted on the Platform is offered by an Instructor (and not by us) and the Instructor who is responsible for the description and delivery of the Service promoted on the Platform.

If a booking is made through the Platform, the Instructor and the Student are bound to comply with the terms and conditions on which the offer is made by the Instructor. It is the responsibility of the Instructor to provide the Student with their terms and conditions and is done independently of us or the Platform.

The benefits offered under each Service and the terms and conditions on which each Service is offered by an Instructor is the sole responsibility of the Instructor. We merely provide a platform for the Instructor to make its offer available on the Platform, to allow Students to purchase that offer through the Platform, and assist the Instructor by providing a payment gateway (currently Stripe). We are not responsible for and make no promise about the quality of the Services or the benefit to be derived from using these Services provided by an Instructor.

We do not check the information uploaded to the Platform by Instructors.

Use of the Platform

When you create a profile through the Platform you agree to comply with these terms and conditions. A booking cannot be made unless both the Instructor and the Student have a profile on the Platform.

You promise us that any details you provide to us when creating a profile, or otherwise engaging through the Platform, are true, accurate and complete when you submit them.

You are solely responsible for maintaining the security of your account and any use of the Platform that occurs in conjunction with your username and password.

In order to use the Platform, you must provide us with certain information about yourself. We will handle and store this information in accordance with our privacy policy.

You promise us that:

  • if you are a Student – you are at least 16 years of age and hold a Learners Drivers Licence.

  • if you are an Instructor – you hold a Full Drivers Licence and hold the necessary licenses and qualifications to provide driving tuition, including driving with students under the age of 18.

  • whether you are a Student or an Instructor – you will comply with any policies published by us on the Platform.

You must not:

  • impersonate others or misrepresent your affiliation with others;

  • interrupt or attempt to negatively impact or alter the operation of the Platform in any way; or

  • use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory.

Account Terms and Conditions

  • You warrant that you are using the Service for lawful purposes only. You agree not to violate any laws in your jurisdiction including but not limited to any copyright laws.

  • You warrant that you are a human of 18 years or older and not a computer service or “automated bot”

  • You warrant that the information provided during signup for your trial and subsequent access to the Service was accurate.

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by YLOO

  • Your warrant that during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms.

  • You are prohibited from attempting to or violating the Security of the Service in manner conceivable.

  • You are responsible for maintaining the security of your account and password including your mobile devices. YLOO cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Bookings

Students can use our ‘location search’ function to see the Instructors and Services offered in that area.

The Instructor makes their availabilities for bookings visible to Students through the Platform calendar which is updated in real-time.

A Student can book a Service by nominating an available time in an Instructor’s calendar and selecting a Service.

When a Student books a Service on the Platform that Student’s details will pass onto an Instructor nominated by the Student.

Payments

When you create a profile on the Platform you will be asked to provide your payment details to pay/receive payment for the Services.

We will engage a third-party payment facilitator to enable Students to book a Service and Instructors to receive payment without us collecting your payment details.

Payment processing services for you on YLOO are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement). You must read this agreement and the Terms of Service because you will be bound by them when you accept these Terms and Conditions. By agreeing to these Terms and Conditions or continuing to use the Services you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition us enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you and your business (if applicable), and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.

An Instructor may allow Students to pay using cash on the day of the booking. The Instructor can purchase cash ‘credits’ from us for a small fee which will allow Students to select the cash payment option at the time of booking.

Once a booking is made we will send the Instructors and Students details of the booking and reminders up until the day of the booking through the Platform.

Cancellations and Changes

Students are expected to provide 24 hours’ notice you want to cancel or alter the time of the Service. If a Student books a Service on the Platform you may not transfer the booking to any other person.

The Service must only be provided by the Instructor named on that Profile and provided to the Student who is named on that Profile on the Platform.

If a Student requests a refund after having booked and paid for a Service on the Platform it is the responsibility of the Instructor to make arrangements to refund the Student. The Instructor must not refuse to refund a Student if the Service has not been provided by the Instructor to the Student.

We accept no responsibility for managing refunds or repaying the Student.

Linking

The Platform may from time to time contain links to other websites. These are provided for convenience only. We have no control over or responsibility for anything on those websites. Any link to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

Availability

We will, to the best of our ability, ensure the Platform is available for access at all times but are not responsible if you are not able to access the Platform as a result of: (i) us undertaking preventative or remedial maintenance, or (ii) as a result of any circumstances beyond our control.

Logbook

The electronic logbook is used to track all supervised drives and we will do our best to ensure the app is available 24/7. There are circumstances which may be beyond our control e.g. internet access in specific areas may be limited and as a result, manual entries will need to be made. In addition, Queensland Government, Department of Transport & Main Roads (TMR) has requested the following:

  • TMR is not responsible for the operation and maintenance of the YLOODrive App.

  • TMR is not responsible for ensuring that the personal information of users is appropriately dealt with and is not liable if personal information is misused, lost or stolen

  • TMR is not responsible or liable for any matters regarding the electronic logbook in the event of an app failure, incidents relating to customer data and any other functionality, privacy or user issues of the electronic logbook.

  • all customer complaints, questions and issues relating to the app are the sole responsibility of YLOODrive.

  • any other reasonable terms as required by TMR from time to time.

Disclaimers

Whilst we take all due care in providing the Platform, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the laws of Queensland, Australia.

We take all due care in ensuring that the Platform is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked Platform.

When you purchase a Service on the Platform you will be required to enter your payment details. We outsource this to Stripe who are responsible for collecting, handling and storing your payment details. We do not accept any responsibility for any financial losses you may suffer through use of the Platform.

To the extent permitted by the law, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.

Limitation of Liability

We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.

You acknowledge that if you book or provide a Service through the Platform we are not responsible for any loss or damage that may result from that Service.

You acknowledge that some of risks cannot be eliminated. You specifically assume the risk of injury or harm arising from participating in any of the Services.

We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability.

We are not responsible for:

  • any injury (whether physical or mental) that occurs while you are providing or using the Services;

  • any loss of property that occurs while you are you are providing or using the Services; or

  • the description of the Services offered by Instructors on the Platform or the service the Student receives.

To the full extent permitted by the law, our liability for our breach of any guarantee, condition or warranty is limited to the supply of the Platform again or payment of the costs of having the Platform supplied again.

We accept no liability for any loss caused in whole, or in part, by your misuse of the Platform

Privacy

When you become a user of the Platform you may provide us with some information about yourself. This information may be used by us to improve the Platform functions and for our own records. We will not pass your personal information onto any third party. For the avoidance of doubt an Instructor or a Student is not a third party.

We value your personal information and take reasonable precautions to protect it. We will handle and store this information in accordance with our privacy policy, which can be found here.

Intellectual Property

You acknowledge that any intellectual property rights including graphics, logos, design, or icons relating to the Platform remain the property of us or our licensors.

Termination

We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these terms and conditions.

Monitoring use of the Platform

We reserve the right to monitor your use of the Platform for the purpose of ensuring that the Platform is functioning as we intended and that users are complying with these terms and conditions.

Updates to the Terms and Conditions

We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. However, you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.

If you access the Platform following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you can choose to no longer access the Platform.

Feedback

If you wish to make any comments about the Platform or your experience as a user, please do so by submitting your comments by email to hello@yloo.com.au.

Notices

Any notice we send to you will be emailed to the email address that you provide to us when creating a profile on the Platform.

General

If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland. You agree to submit to the jurisdiction of the courts in Queensland.


Last Updated: February 2018