Terms and Conditions YLOODrive

1. Introduction

Welcome to YLOODrive, a software-as-a-service (SaaS) platform connecting learner-driver students to driving schools on a user-friendly platform. We service three different platforms, namely, Driving schools (B2B) and Students (B2C), Not-for-Profits and UAE. By using our platform, you agree to these Terms of Service, which govern your access to and use of the YLOODrive website and software. The terms and conditions which govern your use of the YLOODrive website and app (together referred to as Platform) made available at YLOODrive website and YLOODrive App are set out below.
The Platform is provided by YLOO Group Pty Ltd atf the YLOO Trust (ABN: 86 637 582 391).
These Terms of Service constitute a legal agreement between you (referred to as “you”, “your”, or “customer”) and YLOODrive (referred to as “we”, “us”, or “our”). Please read these Terms of Service carefully before accessing or using our platform.
By accessing or using the YLOODrive website or software, you represent that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you may not access or use the YLOODrive website or software.

YLOODrive reserves the right to modify these Terms of Service at any time, without prior notice to you. Any changes to the Terms of Service will be effective immediately upon posting on the YLOODrive website. Your continued use of the YLOODrive website or software app after any changes to these Terms of Service constitutes your acceptance of the modified terms.

In addition to these Terms of Service, your use of the YLOODrive platform is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the YLOODrive platform, you agree to our Privacy Policy, which is incorporated into these Terms of Service by reference.

2. Service Overview

Driving Schools and Students

YLOODrive is a cloud-based SaaS (Software-as-a-Service) software platform that provides driving schools with an easy-to-use solution for managing their online bookings. Our platform allows driving schools to create, manage, and track bookings from their students in one centralised location, making it easier to manage schedules and reduce administrative overhead. Students have access to their own profiles allowing them to manage their bookings and payments for lessons in one central place

Our platform is designed to be user-friendly and accessible to all types of users, regardless of technical expertise. To use the YLOODrive platform, you must have a valid account and login credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

YLOODrive provides a range of features and tools to help driving schools manage their bookings efficiently, including but not limited to:

● Online booking and scheduling
● Automated appointment reminders
● Payment processing and invoicing
● Real-time availability tracking
● Student management and communication tools

We are committed to providing reliable and secure access to our platform, but we cannot guarantee that our platform will be error-free or uninterrupted at all times. YLOODrive reserves the right to modify, suspend, or discontinue the YLOODrive platform at any time, without prior notice to you. We will make commercially reasonable efforts to provide notice of any material changes to the platform that may affect your access or use.

Not For Profits

We provide a unique platform experience for our not-for-profit customers aimed to enhance their operational experience with their learner drivers customers.

UAE

We provide a unique platform experience for our UAE customers aimed to enhance their operational experience with their learner drivers customers.

YLOODrive may also provide links to third-party websites or services that are not under our control. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. Your access and use of such websites or services at your own risk.

By using the YLOODrive platform, you represent and warrant that you will use the platform only for its intended purpose and that you will comply with all applicable laws and regulations. You are solely responsible for all data, content, and materials that you upload, post, transmit, or otherwise make available through the YLOODrive platform. YLOODrive reserves the right to remove any content or materials that violate these Terms of Service or that we believe, in our sole discretion, are unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.

3. User Accounts

To use the YLOODrive platform, you must register for an account by providing your name, email address, and other required information. You must ensure that the information you provide is accurate, complete, and up-to-date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

YLOODrive offers a range of pricing plans for different platform customers. You will be charged according to the plan you choose and any additional usage fees or add-ons you select. All fees are in the currency of the country from which you are registered and are exclusive of applicable taxes.

Payment for your YLOODrive account will be charged on a transactional, monthly or annual basis, depending on your plan. You will be charged in advance for the upcoming billing period. If you choose to upgrade your plan or add additional features or usage, you will be charged for the additional usage or features at the time of the upgrade.

You may cancel your YLOODrive account at any time by contacting our customer support team or by following the instructions on the YLOODrive platform. If you cancel your account, you will not receive a refund for any fees already paid, and you will be responsible for paying any outstanding fees owed at the time of cancellation.
YLOODrive reserves the right to modify our pricing plans, fees, or billing methods at any time, without prior notice to you. We will make commercially reasonable efforts to provide notice of any material changes to our pricing plans or fees that may affect your account.

If your account is overdue or unpaid, YLOODrive may suspend or terminate your access to the platform until payment is received in full. If your account remains unpaid for a period of 30 days or more, we may terminate your account and delete all data and information associated with your account.

We understand that billing and payment can be complicated, and we are committed to providing transparent and accurate billing information to our customers. If you have any questions or concerns about your YLOODrive account, please contact our customer support team at hello@yloodrive.com

4. Payment and Billing

YLOODrive uses Stripe, a third-party payment processing service, to manage payments and billing for our platform. If your platform uses the integrated payment gateway features, then by using the YLOODrive platform, you agree to be bound by Stripe’s terms of service and privacy policy.

When you make a payment through the YLOODrive platform, you are authorising Stripe to process your payment on our behalf. You may be required to provide additional information to Stripe to verify your identity and prevent fraud. YLOODrive does not store or access your payment information, and all payment transactions are processed by Stripe.

Stripe’s terms of service and privacy policy may be updated from time to time, and you are responsible for reviewing and accepting any changes. If you do not agree to Stripe’s terms of service or privacy policy, you may not use the YLOODrive platform.

YLOODrive is not responsible for any errors or issues that may arise during the payment processing or billing process, including but not limited to errors in processing payments or incorrect charges. If you have any questions or concerns about your billing or payments, please contact our customer support team at hello@yloodrive.com.

YLOODrive is committed to protecting your privacy and security, and we take all reasonable measures to ensure that your payment information is safe and secure. However, YLOODrive is not responsible for any loss or damage that may result from the unauthorised use of your payment information or any other data breach or security incident.

We believe that Stripe is a trusted and reliable payment processing service, and we have integrated their platform into the YLOODrive platform to provide a seamless and secure payment experience for our customers. If you have any questions or concerns about Stripe’s terms of service or privacy policy, please contact their customer support team directly.

5. Intellectual Property

Restrictions on reverse engineering, copying, or otherwise misusing the platform
YLOODrive is the owner or licensee of all intellectual property rights in the YLOODrive platform, including but not limited to software, technology, design, logos, trademarks, and content. You may not use or reproduce any YLOODrive intellectual property without our prior written consent.

By using the YLOODrive platform, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, and display any content or information that you upload or submit to the YLOODrive platform, including but not limited to text, images, videos, and audio.

You are solely responsible for the content that you upload or submit to the YLOODrive platform, and you represent and warrant that you have all necessary rights and permissions to use, upload, or submit such content. You agree to indemnify and hold harmless YLOODrive and its affiliates, officers, directors, employees, and agents from any and all claims, damages, and expenses arising from or related to your use or submission of content on the YLOODrive platform.

YLOODrive respects the intellectual property rights of others, and we expect our users to do the same. If you believe that your intellectual property rights have been infringed on the YLOODrive platform, please contact our designated copyright agent at hello@yloodrive.com
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YLOODrive may terminate the accounts of users who infringe or repeatedly infringe the intellectual property rights of others.

YLOODrive may also provide links to third-party websites or services on the YLOODrive platform. These links are provided for your convenience only, and YLOODrive does not endorse or have any control over the content or information provided on such websites or services. You access such websites or services at your own risk, and YLOODrive is not responsible for any loss or damage that may result from your use of or reliance on such content or information.

If you have any questions or concerns about intellectual property rights on the YLOODrive platform, please contact our customer support team at hello@yloodrive.com.

6. Data Privacy and Security

YLOODrive is provided on an “as is” and “as available” basis, and we make no representations or warranties of any kind, express or implied, regarding the YLOODrive platform or its use. We do not warrant that the YLOODrive platform will be error-free, uninterrupted, or free of viruses or other harmful components. We will always do our utmost to ensure there is limited or no interruption of service, but cannot guarantee certain events out of our control.

At YLOODrive, we are committed to ensuring the security of our users’ information. We have implemented various security measures to safeguard user data and protect it from unauthorised access, disclosure, alteration, or destruction. YLOODrive uses Amazon Web Services (AWS) to store customer data in Sydney, Australia. We take appropriate measures to ensure the security of your data while it is being stored in AWS, including using encryption, access controls, and regular security audits. By using YLOODrive, you agree to the storage of your data in AWS. (For more information, visit AWS Privacy)

● Data Storage: YLOODrive stores customer data securely in the Amazon Web Services (AWS) Sydney Region. AWS is a reputable cloud service provider with a robust security infrastructure and a proven track record in data protection.

● Authentication: We utilise AWS Passport.js for authentication, which is a widely-used, secure authentication middleware for Node.js applications. Passport.js ensures secure user authentication and maintains the confidentiality of user credentials.

● Encryption: All data transmitted between users and our servers is encrypted using industry-standard encryption protocols, such as SSL/TLS, to maintain data privacy and security.

● Access Control: We have implemented strict access control measures, allowing only authorised personnel with a legitimate need to access user data in order to provide our services. This minimises the risk of unauthorized access or data breaches.

● Regular Security Audits: YLOODrive conducts periodic security audits to assess the effectiveness of our security measures and identify potential vulnerabilities. This allows us to address any issues proactively and maintain a high level of security.

● Security Updates and Patches: We continuously monitor and apply the latest security updates and patches to our systems, ensuring that our infrastructure remains protected against known security threats.

By employing these security measures, YLOODrive is dedicated to protecting user information and maintaining the trust of our customers. Please also refer to the YLOO Privacy Policy located

To the fullest extent permitted by law, YLOODrive and its affiliates, officers, directors, employees, and agents disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. YLOODrive and its affiliates, officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use of the YLOODrive platform.

You agree to indemnify and hold harmless YLOODrive and its affiliates, officers, directors, employees, and agents from any and all claims, damages, and expenses arising from or related to your use of the YLOODrive platform, including but not limited to your violation of these Terms of Service, your infringement of any intellectual property rights, or any harm or injury caused by your use of the YLOODrive platform.

In no event shall YLOODrive’s total liability to you exceed the amount you have paid to YLOODrive in the three (3) months preceding the event giving rise to the liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

If you have any questions or concerns about the limitation of liability and disclaimer of warranties on the YLOODrive platform, please contact our customer support team at hello@yloodrive.com.

7. Liability and Disclaimer

These Terms of Service and any dispute arising out of or in connection with these Terms of Service, including but not limited to disputes regarding the validity, interpretation, or performance of these Terms of Service or the use of the YLOODrive platform, shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without giving effect to any principles of conflicts of law.

You agree that any dispute arising out of or in connection with these Terms of Service shall be resolved exclusively through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall be conducted in Brisbane, Australia, and the language of the arbitration shall be English.

The arbitrator shall have the power to award any relief that a court of competent jurisdiction could award, including but not limited to injunctive relief and specific performance. The decision of the arbitrator shall be final and binding on both parties, and the award may be entered and enforced in any court of competent jurisdiction.
You agree that you will not bring any legal action against YLOODrive or its affiliates, officers, directors, employees, or agents in any jurisdiction other than Australia. You also agree that any legal action brought by you against YLOODrive or its affiliates, officers, directors, employees, or agents must be brought within 30 days after the cause of action arises, or such cause of action shall be barred.

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

If you have any questions or concerns about the governing law and dispute resolution provisions in these Terms of Service, please contact our customer support team at [insert contact information].

8. Termination

(a) Entire Agreement: These Terms of Service constitute the entire agreement between you and YLOODrive regarding the use of the YLOODrive platform, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and YLOODrive.

(b) Waiver and Severability: The failure of YLOODrive to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

(c) Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YLOODrive without restriction.

(d) Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by YLOODrive via email, postal mail, or messaging within the YLOODrive platform.

(e) No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind YLOODrive in any respect whatsoever.

(f) Headings: The headings in these Terms of Service are for convenience only and have no legal or contractual effect.

(g) Data Retention: When a customer stops using the YLOODrive platform, YLOODrive will retain their data for a period of 30 days, after which all data related to the customer will be permanently deleted from our servers unless retention of such data is required by law or necessary to resolve disputes or enforce our rights.

If you have any questions or concerns about the miscellaneous provisions, including the data retention policy, in these Terms of Service, please contact our customer support team at hello@yoodrive.com.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms of Service or the YLOODrive platform will be governed by and construed in accordance with the laws of the Commonwealth of Australia, without giving effect to any principles of conflicts of law.

You agree that any legal action or proceeding arising out of or related to these Terms of Service or the YLOODrive platform shall be brought exclusively in the courts located in the Commonwealth of Australia, and you hereby consent to the jurisdiction and venue of such courts.

If any part of these Terms of Service is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired.

If you have any questions or concerns about the governing law and jurisdiction provisions in these Terms of Service, please contact our customer support team at hello@yloodrive.com

10. Amendments and Updates

YLOODrive reserves the right to modify these Terms of Service at any time. If we make changes to these Terms of Service, we will provide you with notice of such changes by sending an email, providing notice within the YLOODrive platform, or updating the “Last Updated” date at the top of these Terms of Service.

Your continued use of the YLOODrive platform after the effective date of any changes to these Terms of Service constitutes your acceptance of those changes. If you do not agree to any amended Terms of Service, you must stop using the YLOODrive platform.
If you have any questions or concerns about changes to these Terms of Service, please contact our customer support team at [insert contact information].

11. Miscellaneous Provisions

You may terminate your use of the YLOODrive platform at any time by providing written notice to us at hello@yloodrive.com.
For driving school platform customers only (not including Not for Profit or UAE customers), we may terminate your use of the YLOODrive platform at any time, with or without cause, by providing you with notice at the email address associated with your YLOODrive account.

Upon termination of these Terms of Service, your right to use the YLOODrive platform will immediately cease. All provisions of these Terms of Service that should by their nature survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination of your YLOODrive account, we may retain your data for a commercially reasonable period of time for backup, archival, or audit purposes. You acknowledge and agree that we shall have no liability whatsoever for any loss or damage arising from our retention of such data.

If you have any questions or concerns about the termination of these Terms of Service, please contact our customer support team at hello@yloodrive.com.

12. Marketing Services

Overview of Marketing Services We offer a range of marketing services designed to enhance the online presence and customer engagement for our clients. These services include website development, SEO optimization, social media management, and other digital marketing strategies tailored to the specific needs of each client.

Service Commitment We commit to providing high-quality, professional marketing services, utilizing the latest industry practices and standards. Our goal is to deliver effective marketing solutions that align with the business objectives of our clients.

Client Responsibilities Clients are responsible for providing timely and accurate information necessary for the successful execution of marketing services. This includes, but is not limited to, business details, access to digital assets, and feedback on deliverables.

Payment Terms Payment terms for marketing services are 50% of the total service fee due on commencement and the remaining 50% within 7 days of the website being published. Clients are responsible for timely payments, and YLOODrive reserves the right to delete websites built for customers where there are any outstanding fees due. Customers will be notified via email in such an event.

Hosting We may offer initial hosting of websites on YLOODrives’ web hosting platform to customers. Hosting is generally a paid-for service and customers are required to pay for this service unless otherwise agreed with YLOODrive.

Confidentiality We maintain strict confidentiality of all client information and data shared during the provision of marketing services, unless disclosure is required by law.

Limitation of Liability Our liability in relation to the marketing services provided is limited to the extent permitted by law, and we are not liable for indirect or consequential losses.

Amendment and Termination These marketing service terms may be amended from time to time. We reserve the right to terminate marketing services in accordance with the terms outlined in the individual service agreement.

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