Terms & Conditions.

1. DEFINITIONS

In these Terms:

"Learner"

means a user who books or seeks to book driving lessons via the Platform.

"Instructor"

means a user who offers or provides driving instruction services via the Platform.

"User"

means any person accessing or using the Platform, including Learners and Instructors.

"Lesson Contract"

means the contract for driving instruction services formed directly between a Learner and an Instructor when a booking is made.

"Services"

means the matching, payment facilitation, scheduling and technology services provided by DriveBuddy.

"Credits"

means prepaid stored value denominated in Australian dollars (AUD) held in a Learner account and capable of being applied to bookings, packages or other eligible purchases through the Platform, as described in clause 4 and Schedule 1 (Payment Policy).

"Platform Processing Fee"

means any non-lesson fee charged by DriveBuddy and displayed at checkout in connection with Credit purchases and/or bookings, as described in Schedule 1 (Payment Policy).

"Applicable Laws"

includes the Road Safety Act 1986 (Vic), the Australian Consumer Law ("ACL"), privacy and data-protection legislation, and any regulatory requirements governing the provision of driving instruction.

2. NATURE OF THE PLATFORM

2.1 DriveBuddy operates as a technology platform and marketplace facilitator. The Platform enables Learners to connect with independent driving Instructors who provide instruction services.

2.2 For the avoidance of doubt, Instructors are independent contractors. DriveBuddy does not employ, direct, manage or supervise Instructors in the provision of driving instruction. Instructors are not employees, partners, agents or representatives of DriveBuddy, and nothing in these Terms shall be construed as creating any such relationship.

2.3 When a booking is confirmed, a binding Lesson Contract is formed directly between the Learner and the Instructor. DriveBuddy is not a party to that Lesson Contract and accepts no responsibility or liability for its performance, non-performance, or any matter arising thereunder.

2.4 To the fullest extent permitted by law, DriveBuddy makes no warranty, representation or guarantee as to the suitability, competence, qualifications, availability, conduct or performance of any Instructor. Each Learner acknowledges and agrees that they engage Instructors entirely at their own risk.

2.5 DriveBuddy may, from time to time, collect or request certain information from Instructors for the purposes of operating the Platform (including identity, licence, accreditation and insurance information). However, unless expressly stated otherwise on the Platform, DriveBuddy does not conduct police checks, background checks, Working With Children Check verification, reference checks, driving history checks or comprehensive due diligence on Instructors. Each Learner remains solely responsible for assessing an Instructor's suitability, qualifications and fitness for their needs prior to and during any lesson.

3. USER ELIGIBILITY & OBLIGATIONS

3.1 Age Requirements

You must be at least 16 years of age to use the Platform. If you are under 18 years of age, you must obtain the express consent of your parent or legal guardian prior to using the Platform or making any booking.

Where a parent or guardian permits a person under 18 years of age to use the Platform, that parent or guardian hereby agrees to be bound by these Terms and shall be jointly and severally liable for all activities, bookings, payments and obligations of the minor User, including without limitation any breach of these Terms.

3.2 Learner Requirements

Each Learner warrants and undertakes that they shall:

• hold, and continue to hold, a current and valid learner permit or driver's licence as required under applicable law for supervised driving instruction;
• cease using the Platform immediately upon the expiry, suspension, cancellation or invalidation of their permit or licence;
• not make any booking or attend any lesson unless in physical possession of a valid permit or licence;
• comply with all road rules, traffic laws, Instructor directions and reasonable safety requirements at all times.

DriveBuddy reserves the right to request proof of a valid permit or licence at any time and may suspend or terminate access to the Platform in its absolute discretion if satisfactory proof is not provided.

3.2A Learner Lesson Conduct

Each Learner warrants and undertakes that they shall, in connection with any booking or lesson:

• arrive punctually to the agreed pickup location and lesson time;
• provide a complete, accurate and lawful pickup address or location, and promptly update the Instructor via the Platform if circumstances change;
• maintain a mobile phone number that is contactable by SMS and calls for necessary lesson coordination;
• act safely and responsibly at all times, comply with all road rules and Applicable Laws, and comply with all reasonable safety directions given by the Instructor;
• not use a handheld mobile phone or other handheld device while driving during a lesson, and only use any device where lawful and safe (including hands-free use), or in an emergency;
• behave respectfully and professionally toward the Instructor and not engage in abusive, threatening, discriminatory, harassing or unsafe behaviour; and
• not offer money, tips, bribes or inducements to an Instructor for any improper purpose (including to avoid Platform fees or requirements).

DriveBuddy may suspend or terminate a Learner's account where DriveBuddy reasonably suspects or determines a breach of this clause 3.2A.

3.3 Instructor Requirements

Each Instructor warrants, represents and undertakes that they shall at all times:

• hold and maintain all necessary licences, accreditations, registrations, a valid Working With Children Check (where required by law), and any other legal authorisations required to lawfully provide driving instruction services in their state or territory;
• maintain comprehensive motor vehicle insurance with public liability coverage of not less than $20 million, and provide evidence of such insurance to DriveBuddy upon request;
• ensure that any vehicle used for instruction is roadworthy, properly insured, currently registered, equipped with dual controls (where required by law), and otherwise compliant with all Applicable Laws;
• immediately notify DriveBuddy in writing of any event affecting their eligibility to provide services, including without limitation cancellation or suspension of any licence, accumulation of demerit points, expiry of insurance, or any criminal charge or conviction;
• provide driving instruction with due skill, care and professionalism, and in accordance with all applicable legal, industry and safety standards;
• not misrepresent, overstate or otherwise falsely describe their qualifications, experience, accreditation or expertise.

Instructors acknowledge that any breach of this clause 3.3 constitutes a material breach of these Terms and may result in immediate suspension or termination from the Platform, without prejudice to any other rights or remedies available to DriveBuddy.

3.4 General Conduct

You agree that you shall not:

• provide false, inaccurate, misleading or incomplete information during registration or at any other time, or fail to update information that becomes incorrect or out of date;
• create multiple accounts, impersonate any person or entity, or misappropriate another User's identity, data or account;
• fail to keep account login details confidential, share passwords, or permit any third party to access or use the Platform via your account;
• interfere with, disrupt, damage, disable or otherwise tamper with the operation of the Platform or any systems or networks connected thereto;
• engage in any unlawful, offensive, abusive, threatening, harassing, discriminatory or bullying conduct toward any person;
• use the Platform for any purpose that is unlawful or prohibited by these Terms or any Applicable Laws.

Without limiting the generality of the foregoing, you must at all times conduct yourself in a professional, respectful and lawful manner when using the Platform.

DriveBuddy reserves the right to suspend or permanently terminate any User account, at any time and without prior notice, where DriveBuddy reasonably suspects or determines that the User has engaged in misconduct or has otherwise breached these Terms.

4. BOOKINGS, PAYMENTS, FEES AND CREDITS

Additional payment-related terms, including Credits, discount bands, Platform Processing Fees, cancellation policies and refund procedures, are set out in the Payment Policy (Schedule 1 to these Terms). The Payment Policy forms part of these Terms and should be read together with this clause 4.

4.1 Learners may make bookings for driving lessons through the Platform. Upon confirmation of a booking, a binding Lesson Contract is formed directly between the Learner and the Instructor (subject to clause 2.3 herein).

4.2 Payment for all bookings is due and payable at the time the booking is made. By making a booking, the Learner authorises DriveBuddy and/or its nominated payment service provider (including without limitation Stripe) to charge the Learner's nominated payment method for the applicable fees.

4.3 Credits: Stored Value, Non-Transferability and Expiry

Pre-paid credits, lesson packages and other pre-paid amounts ("Credits") are held in the Learner's account and are strictly non-transferable. Credits are stored value denominated in Australian dollars (AUD) and are applied to eligible purchases and bookings at the price displayed at checkout. Unless expressly specified otherwise at the time of purchase or issue, Credits expire and are forfeited 24 months from the date of purchase/issue. Expired Credits are not refundable and cannot be reinstated.

4.3A Credits: Treatment Hierarchy (Single Rule Set)

The following hierarchy governs how unused and unexpired Credits are treated in different scenarios. This clause prevails to the extent of any inconsistency elsewhere in these Terms or Schedule 1, subject always to Applicable Laws:

• (a) Learner breach / Learner-fault termination: If DriveBuddy terminates or restricts a Learner account due to the Learner's breach of these Terms, fraud, chargebacks, misuse, unlawful conduct, safety misconduct, or attempted off-platform payments, unused and unexpired Credits may be forfeited (except to the extent Applicable Laws require otherwise).
• (b) Instructor breach / Instructor-fault removal: If an Instructor is suspended or removed from the Platform due to breach, eligibility failure (including licence/insurance/authorisation issues) or misconduct, that does not affect a Learner's right to use or recover their unused and unexpired Credits. Learners may re-book with another Instructor or request a refund of unused and unexpired Credits in accordance with Schedule 1 and Applicable Laws.
• (c) DriveBuddy-initiated closure without Learner fault: If DriveBuddy closes or disables a Learner account for non-fault operational, compliance or risk-management reasons (and not due to Learner breach), any unused and unexpired Credits will be refundable in accordance with Schedule 1 and Applicable Laws.
• (d) Voluntary account closure: If a Learner voluntarily closes their account, unused and unexpired Credits are treated in accordance with the credit terms applicable at the time of purchase and Schedule 1, subject to Applicable Laws.
• (e) Force Majeure / frustration: If a Force Majeure Event (as defined in clause 7) materially prevents use of the Platform or the provision of lessons for a prolonged period and a User terminates under clause 7.3, unused and unexpired Credits will be refundable in accordance with clause 7.3 and Schedule 1, subject to Applicable Laws.
• (f) Amount actually paid: Where a refund of unused Credits is permitted, any refund is limited to the amount actually paid for the unused portion of those Credits (after discounts), and excludes any Platform Processing Fee unless Applicable Laws require otherwise.
• (g) Refund request process: Refund requests must be submitted via the contact page within 30 days of account closure or the relevant triggering event. DriveBuddy will process valid refund requests within 5 to 10 business days of approval, subject to verification requirements and payment service provider processing times. Refunds may be provided as Credits or to the original payment method, at DriveBuddy's election and subject to Applicable Laws (see Schedule 1 for details).

4.4 Learner Cancellations

Where a Learner cancels a confirmed booking:

• if cancellation occurs more than 24 hours prior to the scheduled lesson time, the full lesson fee shall be returned to the Learner's account as Credits;
• if cancellation occurs within 24 hours of the scheduled lesson time, or if the Learner fails to attend, the Instructor shall be entitled to retain 100% of the lesson fee. The Learner acknowledges that this amount represents a genuine pre-estimate of the Instructor's loss.

4.5 Instructor Cancellations

In the event that an Instructor cancels a confirmed booking for any reason whatsoever:

• the full lesson fee shall be immediately returned to the Learner's account as Credits;
• the Learner may elect to either re-book with the same or a different Instructor, or request a refund to their original payment method; and
• where a refund is requested, such refund shall be processed within 5 to 10 business days, subject to processing times imposed by the relevant payment service provider.

4.6 Weather and Safety-Related Cancellations

Notwithstanding clause 4.5, Instructors may cancel lessons where, in the Instructor's reasonable opinion, weather conditions or other safety concerns render the provision of driving instruction unsafe or inadvisable. Such cancellations shall be treated as Instructor cancellations for the purposes of clause 4.5, and the Learner shall receive a full credit return.

4.7 Chargebacks

If you dispute any charge with your financial institution or payment provider, or initiate a chargeback, you must notify DriveBuddy in writing immediately. The initiation of a chargeback without first making a good faith attempt to resolve the dispute directly with DriveBuddy may, in DriveBuddy's sole discretion, result in immediate suspension or termination of your account. All disputed funds shall be held pending final resolution of the dispute.

4.8 DriveBuddy reserves the right to vary, adjust or amend its fees, pricing structures or commission rates at any time and from time to time, provided that reasonable notice is given to Users. Any such variation shall not affect bookings confirmed prior to the effective date of the variation.

4.9 Payment Refusal and Fraud Prevention

DriveBuddy reserves the right to refuse, suspend, reverse, cancel or otherwise restrict any payment or transaction where DriveBuddy reasonably believes that:

• the payment method holder did not authorise the transaction;
• the transaction is fraudulent, suspicious, unlawful or made in breach of these Terms; or
• the transaction exposes DriveBuddy, Users or payment service providers to risk.

DriveBuddy may request additional information to verify a transaction or User identity and may suspend access to the Platform pending verification.

5. MARKETPLACE CONDUCT AND INSTRUCTOR OBLIGATIONS

The integrity of the marketplace is protected by strict compliance obligations. Each Instructor acknowledges and agrees that the following rules are of fundamental importance to the operation of the Platform and constitute material terms of this agreement:

5.1 Prohibition on Off-Platform Engagement

Instructors are strictly prohibited from, and hereby covenant that they shall not, without exception:

• solicit, request, encourage, induce or accept any Learner (whether introduced via the Platform or otherwise) to engage in private lessons, off-platform lessons, or any instruction services that are not booked, paid for and administered through the Platform;
• provide driving instruction services outside the Platform to any Learner where the initial introduction, connection or referral originated from or was facilitated by DriveBuddy, whether directly or indirectly;
• attempt to divert, redirect or transfer any bookings, payments, communications or commercial dealings away from the Platform to any third-party channel, payment method or booking system;
• disclose or share their personal contact information (including without limitation mobile numbers, email addresses, social media accounts or business details) to Learners for the purpose of facilitating off-platform engagement.

Any breach of clause 5.1 constitutes a material and repudiatory breach of these Terms. DriveBuddy reserves the right, exercisable in its sole and absolute discretion, to immediately suspend or terminate the Instructor's account, forfeit any accrued credits, commissions or other benefits, withhold payment of any amounts otherwise owing, and pursue any and all remedies available at law or in equity, including without limitation claims for damages, injunctive relief and recovery of costs.

5.2 Platform Communication Requirement

Save for communications strictly necessary for immediate safety, emergency response or last-minute logistical coordination (such as precise pickup location), all communications between Instructors and Learners relating to bookings, lesson scheduling, payment, feedback, complaints or any other matter arising from or connected to the Lesson Contract must be conducted exclusively via the Platform's messaging system or such other channels as DriveBuddy may from time to time designate in writing.

For the avoidance of doubt, Instructors shall not initiate, encourage or participate in communications outside the Platform unless expressly authorised by DriveBuddy or where immediately required for safety purposes as set out above.

5.3 Independent Contractor Status and Obligations

Each Instructor acknowledges, warrants and agrees that they use the Platform as an independent service provider and not as an employee, agent, partner or representative of DriveBuddy. Accordingly, each Instructor is solely and exclusively responsible for:

• all taxation obligations, liabilities and filings arising from their use of the Platform and provision of instruction services, including without limitation income tax, goods and services tax (GST), and any other applicable federal, state or local taxes or levies;
• superannuation contributions, where applicable under the Superannuation Guarantee (Administration) Act 1992 (Cth) or otherwise;
• obtaining and maintaining comprehensive motor vehicle insurance, public liability insurance (including the minimum $20 million coverage specified in clause 3.3), professional indemnity insurance (if applicable), and any other insurance required by law or prudent business practice;
• compliance with all Applicable Laws, regulatory obligations, industry standards and best practices governing the conduct of driving instruction businesses;
• their own business administration, recordkeeping, licensing renewals, vehicle maintenance and all other operational matters.

Notwithstanding any other provision of these Terms, DriveBuddy does not provide, and Instructors acknowledge that they are not entitled to, any employment-related benefits, entitlements or protections, including without limitation workers' compensation coverage, paid leave, superannuation contributions, fuel reimbursement, vehicle compensation, equipment allowances or insurance coverage of any kind. To the fullest extent permitted by law, Instructors indemnify DriveBuddy against any claim, demand or liability arising from or relating to the characterisation of the relationship between DriveBuddy and the Instructor.

5.4 Learner Prohibition on Off-Platform Engagement

Learners are strictly prohibited from, and hereby covenant that they shall not:

• solicit, request, encourage, induce or accept off-platform lessons, off-platform payment arrangements or private lesson arrangements with any Instructor where the initial introduction, connection or referral originated from or was facilitated by DriveBuddy, whether directly or indirectly;
• attempt to divert, redirect or transfer any booking, payment or commercial dealing away from the Platform to any third-party channel, payment method or booking system; or
• request or pressure an Instructor to communicate outside the Platform for the purpose of facilitating off-platform engagement.

Any breach of this clause 5.4 constitutes a material breach of these Terms and may result in immediate suspension or termination of the Learner's account.

6. EXCLUSIONS, LIMITATIONS AND INDEMNITIES

6.1 Consumer Law Rights

Nothing in these Terms purports to exclude, restrict or modify any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by statute where to do so would contravene that statute or render any provision of these Terms void. To the extent that the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other legislation implies any term, condition, guarantee or warranty into these Terms, and that legislation prohibits the exclusion, restriction or modification thereof, such term, condition, guarantee or warranty is deemed to be included herein. Subject to the foregoing, all other warranties, terms, conditions and undertakings, whether express or implied by statute, common law, equity, trade, custom or usage or otherwise, are hereby excluded to the fullest extent permitted by law.

6.2 Platform Provided "As Is"

To the maximum extent permitted by law, the Platform and all Services are provided on an "as is" and "as available" basis. DriveBuddy makes no representation, warranty or guarantee (whether express or implied) as to the accuracy, completeness, reliability, availability, functionality, security, suitability for purpose, or error-free operation of the Platform or Services. Without limiting the generality of the foregoing, DriveBuddy does not warrant that the Platform will be uninterrupted, timely, secure or free from viruses, defects or other harmful components.

6.3 No Liability for Instructor Conduct

Each User acknowledges and agrees that DriveBuddy is not a party to any Lesson Contract and does not provide driving instruction services. Accordingly, and notwithstanding any other provision of these Terms, to the fullest extent permitted by law, DriveBuddy shall have no liability whatsoever (whether in contract, tort (including negligence), equity, under statute or otherwise) for any act, omission, conduct, negligence, breach of duty, misrepresentation, delay, cancellation, loss, injury, death, property damage, economic loss, consequential loss or other damage or liability arising from or in connection with:

• the performance or non-performance of any Lesson Contract or instruction services;
• the conduct, competence, qualifications, suitability, skill, representations or omissions of any Instructor;
• any loss, injury, accident or incident occurring during the course of any driving lesson or arising out of the use of any Instructor's vehicle;
• any dispute, disagreement or claim between a Learner and an Instructor;
• the failure of any Instructor to hold or maintain appropriate licences, insurance, accreditation or compliance with Applicable Laws.

6.4 Limitation on Liability

Where any liability of DriveBuddy to a User cannot be excluded by law (including under the Australian Consumer Law), and to the extent permitted by law, DriveBuddy's total aggregate liability for any and all claims arising from or in connection with these Terms, the Platform or the Services, howsoever arising, is limited (at DriveBuddy's election) to the re-supply of the Services or the payment of the cost of having the Services supplied again.

To the fullest extent permitted by law, DriveBuddy shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential loss or damage (including without limitation loss of profits, revenue, business opportunity, goodwill or data) whether based on contract, tort (including negligence), equity, statute or otherwise, even if DriveBuddy has been advised of the possibility of such loss or damage.

6.5 User Indemnity

Each User hereby unconditionally and irrevocably indemnifies and agrees to keep indemnified DriveBuddy, its officers, directors, employees, agents, contractors and related bodies corporate (the "Indemnified Parties") against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including legal costs on a full indemnity basis) which any of the Indemnified Parties may sustain, incur or become liable for, arising directly or indirectly from or in connection with:

• any breach by the User of these Terms or any Applicable Laws;
• any negligent act or omission, wilful misconduct or fraudulent conduct of the User;
• any injury, loss or damage caused or contributed to by the User's conduct during or in connection with any lesson;
• any misuse, unauthorised use or abuse of the Platform by the User;
• any content, information or materials uploaded, posted or transmitted by the User via the Platform;
• any dispute or claim brought by any third party arising from or relating to the User's use of the Platform or participation in any Lesson Contract.

This indemnity is a continuing obligation, independent from the other obligations under these Terms, and survives termination of these Terms. It is not necessary for any of the Indemnified Parties to incur expense or make payment before enforcing a right of indemnity under this clause.

7. FORCE MAJEURE

7.1 Force Majeure Events

No party to these Terms shall be deemed to be in breach hereof, nor shall any party be liable to any other party for any delay in performance or non-performance of any obligation hereunder, to the extent that such delay or non-performance is caused by a Force Majeure Event. For the purposes of these Terms, "Force Majeure Event" means any event, circumstance or cause beyond the reasonable control of the affected party, including without limitation:

• acts of God, natural disasters, extreme weather events, floods, fires, earthquakes, storms, tsunamis, cyclones or other catastrophic natural phenomena;
• pandemics, epidemics, public health emergencies or outbreaks of infectious disease (including without limitation COVID-19 or any variant or mutation thereof);
• any law, order, regulation, direction, directive, action or request of any government, governmental or regulatory authority, court or tribunal, including without limitation lockdowns, stay-at-home orders, travel restrictions, quarantine requirements or other public health measures;
• war (whether declared or undeclared), invasion, act of foreign enemy, hostilities, terrorism, civil war, rebellion, revolution, insurrection, military or usurped power, riot, civil unrest or commotion;
• strikes, lockouts, industrial disputes or other labour disturbances;
• failure, disruption, interruption or malfunction of telecommunications networks, internet services, data networks, electricity supply, power grids or other critical infrastructure, where such failure is beyond the reasonable control of the affected party;
• any other event, occurrence or circumstance whatsoever that is beyond the reasonable control of the affected party and could not have been prevented or avoided by the exercise of reasonable care and diligence.

7.2 Effect on Lesson Contracts

Where a Force Majeure Event prevents, hinders or delays the performance of any Lesson Contract or the provision of any instruction services thereunder:

• the Instructor shall notify the Learner and DriveBuddy in writing (including via the Platform messaging system or email) as soon as reasonably practicable after becoming aware of the Force Majeure Event and its effect on the Lesson Contract;
• the affected lesson may be rescheduled to a mutually agreed alternative time, subject to clause 4.5; or
• the lesson may be cancelled and a refund or Credit issued in accordance with clause 4.5.

7.3 Prolonged Force Majeure

If a Force Majeure Event subsists for a continuous period exceeding 30 days and materially prevents or frustrates the performance of obligations under these Terms, either party may terminate these Terms (or the affected portion thereof) by written notice to the other party. In such circumstances, unused and unexpired Credits will be treated in accordance with clause 4.3A(e), subject to Applicable Laws.

8. INTELLECTUAL PROPERTY

8.1 All intellectual property rights in and to the Platform, including without limitation all software, code, algorithms, databases, text, graphics, images, logos, trademarks, trade names, service marks, designs, layout, look and feel, and any other materials (collectively, "DriveBuddy IP"), are owned by or licensed to DriveBuddy and are protected by applicable copyright, trademark and other intellectual property laws.

8.2 Nothing in these Terms grants, assigns or transfers to any User any ownership interest in, or licence to use, copy, modify, distribute, display, transmit, create derivative works of, or otherwise exploit, any DriveBuddy IP except to the extent expressly permitted herein or with DriveBuddy's prior written consent.

8.3 Users may not frame, mirror, reproduce, republish, scrape, data-mine, reverse engineer, decompile, disassemble or create derivative works based on any part of the Platform without DriveBuddy's express prior written consent.

8.4 By uploading, posting or submitting any content to the Platform (including without limitation profile information, images, reviews, feedback or communications), you grant DriveBuddy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, publicly display and perform such content in any media now known or hereafter devised, for any purpose connected with the operation, promotion, improvement or marketing of the Platform and DriveBuddy's business.

9. PRIVACY

9.1 DriveBuddy collects, uses, stores and discloses personal information in accordance with its Privacy Policy, which forms part of these Terms.

9.2 By using the Platform, you consent to DriveBuddy's collection, use, storage and disclosure of your personal information in accordance with the Privacy Policy and Applicable Laws.

9.3 You acknowledge that certain personal information (including name, profile photograph, suburb or general location, and lesson availability) may be displayed publicly on the Platform or shared with other Users as necessary for the operation of the marketplace.

10. TERMINATION

10.1 DriveBuddy may, in its sole and absolute discretion and without liability, suspend or terminate any User's access to the Platform at any time and for any reason (or no reason), including without limitation where DriveBuddy reasonably suspects or determines that the User has breached these Terms or engaged in conduct that is harmful, fraudulent, unlawful, unsafe or otherwise detrimental to DriveBuddy, other Users or third parties.

10.2 Users may terminate their account at any time by contacting DriveBuddy or using account closure functionality provided through the Platform. Termination of an account does not relieve the User of any accrued obligations or liabilities, nor does it entitle the User to any refund except as expressly provided in these Terms or required by Applicable Laws.

10.3 Upon termination, all licences and rights granted to the User under these Terms shall immediately cease. Provisions of these Terms which by their nature should survive termination (including without limitation clauses relating to intellectual property, limitation of liability, indemnity, and governing law) shall survive and continue to bind the parties.

11. DISPUTE RESOLUTION

11.1 If a dispute arises between Users in connection with any Lesson Contract or use of the Platform, the Users are encouraged to resolve the dispute directly between themselves in the first instance.

11.2 If a dispute cannot be resolved directly, Users may request DriveBuddy to facilitate communication or assist with dispute resolution. DriveBuddy may, in its discretion, offer facilitation or mediation services, but is under no obligation to do so and any assistance is provided as a goodwill measure only.

11.3 For the avoidance of doubt, DriveBuddy is not a party to any Lesson Contract and any facilitation or mediation does not constitute DriveBuddy assuming any liability, obligation or responsibility in respect of the dispute or underlying Lesson Contract.

11.4 If a dispute arises between a User and DriveBuddy, the parties agree to attempt to resolve the dispute in good faith through negotiation before commencing any formal legal proceedings.

12. GOVERNING LAW AND JURISDICTION

12.1 These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia.

12.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals therefrom, and waives any objection to proceedings being brought in such courts on grounds of venue or inconvenient forum.

13. GENERAL PROVISIONS

13.1 Entire Agreement. These Terms (including any schedules, policies and documents incorporated by reference herein) constitute the entire agreement between you and DriveBuddy in relation to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties and understandings, whether written or oral.

13.2 Amendment. DriveBuddy reserves the right to amend, modify or update these Terms at any time. Notice of material changes will be provided via the Platform, email or other reasonable means. Your continued use of the Platform after any such amendment constitutes your acceptance of the amended Terms.

13.3 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

13.4 Waiver. No failure or delay by DriveBuddy in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.

13.5 Assignment. You may not assign, transfer, novate or otherwise dispose of any of your rights or obligations under these Terms without DriveBuddy's prior written consent. DriveBuddy may assign or transfer its rights and obligations under these Terms without your consent.

13.6 Third Party Rights. Except as expressly provided herein, nothing in these Terms confers or is intended to confer any right or benefit on any person who is not a party to these Terms.

13.7 Notices. Any notice to be given under these Terms must be in writing and may be delivered by email (to the address associated with your account, in the case of notices to you, or to [email protected], in the case of notices to DriveBuddy) or by any other method reasonably likely to come to the attention of the recipient.

13.8 Interpretation. In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) the singular includes the plural and vice versa; (c) a reference to a party includes that party's successors and permitted assigns; (d) "including" and similar expressions are not words of limitation; and (e) a reference to any legislation includes any amendment, re-enactment or replacement of that legislation.

13.9 Electronic Acceptance. You acknowledge and agree that by clicking "I agree", "Accept", or similar buttons, by creating an account, or by using the Platform, you are agreeing to be bound by these Terms in the same manner as if you had signed a physical document. Electronic records of your acceptance are admissible as evidence of your agreement.

14. CONTACT

If you have any questions, concerns or complaints regarding these Terms or the Platform, please contact us at:

SCHEDULES

Schedule 1: Payment Policy

Schedule 2: Instructor Cancellation Policy

Schedule 3: Learner Booking Policy

Schedule 4: Learner Refund Policy

Schedule 5: Learner Review Policy