LicencePro Driving Instructor Terms and Conditions

Last Updated: 1 January 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING ON OR USING THE LICENCEPRO PLATFORM (THE “PLATFORM”), YOU (THE “DRIVING INSTRUCTOR”) ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS (THIS “AGREEMENT”). IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PLATFORM.

1. PARTIES

1.1. This Agreement is made between:
  Prestige United Ventures Pty Ltd (ABN 21 602 137 217) trading as LicencePro (the “Platform Operator” or “Operator”); and
  The Driving Instructor who has registered on or otherwise accepted these Terms and Conditions on the LicencePro Platform (the “Driving Instructor”).

1.2. The Operator and the Driving Instructor are each referred to as a “Party” and together as the “Parties.”

2. BACKGROUND

2.1. The Platform Operator provides an online marketplace and related services (the “Platform Services”) designed to connect independent Driving Instructors with Learners seeking driver training services.

2.2. The Driving Instructor operates a driver training business under their own brand and wishes to use the Platform to receive referrals, manage bookings, and process payments for driver training sessions (each a “Job” or “Booking”).

2.3. In consideration of the Platform Services provided by the Operator, the Driving Instructor agrees to pay the applicable fees and to comply with these Terms and Conditions.

3. DEFINITIONS

In this Agreement, the following definitions apply:

• Agreement means this document, including all schedules, annexures, and any amendments made in accordance with these Terms and Conditions.
• Platform means the LicencePro website, mobile application, and any associated software or online services provided by the Operator.
• Driving Instructor means the independent person or entity providing driver training services who registers on the Platform.
• Learner means any individual who books a driver training session via the Platform.
• Job/Booking means a specific scheduled driver training session booked by a Learner and assigned to a Driving Instructor.
• Fees means the service fees and any other charges payable by the Driving Instructor to the Operator for the Platform Services, as set out in Schedule 1.
• GST means goods and services tax (or any similar tax) applicable to any supply.
• Intellectual Property means all present and future copyright, trademark, design, patent rights, and any other intellectual property rights.
• Confidential Information means all information disclosed by one Party to the other that is designated as confidential or that should reasonably be understood to be confidential.
• Booking Calendar means the online scheduling system provided by the Platform to record and manage Job bookings.

4. DURATION & TERMINATION

4.1. Commencement and Term
This Agreement commences when the Driving Instructor registers on the Platform and accepts these Terms and Conditions and shall continue until terminated in accordance with this Agreement.

4.2. Renewal and Termination
Unless terminated in accordance with Clause 15, this Agreement shall continue on a month-to-month basis. Either Party may terminate the Agreement by giving written notice in accordance with Clause 16.

4.3. Effects of Termination
Upon termination, the Driving Instructor must:
  – Settle all outstanding Fees up to the date of termination;
  – Cease using the Platform Services; and
  – Immediately remove or disable any references to the Operator’s materials, if applicable.

4.4. Survival
The provisions regarding Confidentiality, Intellectual Property, Indemnity, and any other clauses which by their nature are intended to survive termination shall remain in full force and effect.

5. THE ENGAGEMENT & THE PLATFORM SERVICES

5.1. Appointment
The Driving Instructor hereby appoints the Operator as its agent for connecting with Learners and managing Job bookings through the Platform. Nothing in this Agreement creates an agency, partnership, employment, or joint venture relationship between the Parties.

5.2. Scope of Services
The Operator will:
  – Provide and maintain a functional online Platform, including a Booking Calendar for managing Job bookings;
  – Process Learner payments and, where applicable, remit funds to the Driving Instructor (subject to the deduction of applicable Fees); and
  – Use reasonable endeavours to market the Platform and attract Learners.

5.3. Disclaimers
To the maximum extent permitted by law:
  – The Operator shall not be liable for any loss, data corruption, or temporary unavailability of the Platform due to scheduled or emergency maintenance;
  – The Operator is not responsible for the conduct, performance, or actions of the Driving Instructor or Learners.

6. DRIVING INSTRUCTOR’S OBLIGATIONS & WARRANTIES

6.1. Licences and Qualifications
The Driving Instructor warrants that:
  – They hold all necessary licences, qualifications, permits, and clearances required by law to provide driver training services;
  – They have passed all required background and working with children checks and will furnish evidence upon request; and
  – They will comply with all applicable laws and regulations in connection with the provision of driver training services.

6.2. Professional Standards
The Driving Instructor agrees to:
  – Provide driver training services in a competent, professional, courteous, and safe manner;
  – Arrive on time and be prepared for each Job;
  – Maintain a clean, roadworthy, and well-maintained Vehicle that complies with all regulatory requirements;
  – Use the Booking Calendar to update and confirm all Job details within 12 hours of accepting a Job;
  – Verify that each Learner holds a valid learner permit or driver licence prior to commencing a Job; and
  – Not engage in any conduct or make any statements likely to harm the reputation or goodwill of the Platform or the Operator.

6.3. Brand and Marketing
The Driving Instructor is free to use their own name and brand; however, any representation made on the Platform must be truthful and not misleading.

6.4. Data and Security
The Driving Instructor must:
  – Provide accurate and up-to-date contact and business information;
  – Maintain the security of their login credentials and not share them with any third party; and
  – Use Learner data solely for the purpose of providing the agreed driver training services.

6.5. Insurance
The Driving Instructor must, at their own expense, obtain and maintain for the duration of this Agreement (and any period required by law thereafter):
  – Professional indemnity insurance;
  – Comprehensive motor vehicle insurance for each Vehicle used;
  – Public liability insurance; and
  – Any other insurance as may be required by law.
Proof of all such insurances must be provided upon request.

6.6. Avoidance of Circumvention
The Driving Instructor agrees to record all Job details in the Booking Calendar and acknowledges that failure to do so (intended to circumvent the Platform) shall incur liquidated damages as set out in Schedule 1.

7. RELATIONSHIP OF THE PARTIES

7.1. The Driving Instructor is an independent contractor. Nothing in this Agreement shall create an employment, agency, or partnership relationship between the Parties.

7.2. Each Party is solely responsible for its own employees, contractors, and related obligations (including payroll, superannuation, and taxes).

8. FEES, INVOICING, AND PAYMENT

8.1. Fees
In consideration for the Platform Services, the Driving Instructor agrees to pay the Operator the Fees set out in Schedule 1.

8.2. Payment Processing
  – The Operator will process Learner payments on behalf of the Driving Instructor.
  – Applicable Fees will be deducted from such payments before remittance to the Driving Instructor.
  – The Operator’s account of Fees and payments shall be final and binding.

8.3. Invoicing and Payment Terms
  – The Operator will issue a tax invoice and account statement after each billing cycle.
  – The Driving Instructor agrees to pay any outstanding invoices within 14 days of the invoice date.

8.4. Non-Refundability and Adjustments
  – To the maximum extent permitted by law, all Fees paid by the Driving Instructor are non-refundable.
  – The Operator reserves the right to adjust the Fee structure upon 30 days’ notice.

9. GST AND TAX COMPLIANCE

9.1. All monetary amounts in this Agreement are exclusive of GST unless otherwise stated.
9.2. The Driving Instructor shall pay any applicable GST on amounts due under this Agreement and is responsible for complying with all applicable tax laws.

10. VEHICLE

10.1. Vehicle Requirements
The Driving Instructor must supply and maintain a Vehicle that is:
  – Registered, roadworthy, clean, and properly maintained; and
  – Equipped as required by law for conducting driver training services.

10.2. Equipment
No equipment is provided by the Operator under this Agreement.

11. CONFIDENTIALITY

11.1. Each Party agrees that all Confidential Information received from the other Party will be used solely for the purposes of this Agreement and will not be disclosed to any third party except as permitted herein.

11.2. The obligations of confidentiality shall not apply to information that:
  – Is or becomes public knowledge through no breach of this Agreement;
  – Was already in the recipient’s lawful possession;
  – Is independently developed by the recipient; or
  – Must be disclosed by law (provided that, where possible, the disclosing Party is given prompt notice of such requirement).

11.3. Upon termination of this Agreement, each Party shall, at the other Party’s option, return or destroy all Confidential Information.

12. INTELLECTUAL PROPERTY

12.1. Ownership
Each Party retains all right, title, and interest in its own Intellectual Property.

12.2. Licence Grant
The Operator grants the Driving Instructor a non-exclusive, non-transferable licence to use the Operator’s trademarks, logos, and software solely for the purpose of accessing and using the Platform Services.

12.3. Infringement and Breach
Any unauthorised use of the other Party’s Intellectual Property is strictly prohibited. Breach of this clause may result in liability for liquidated damages as set out in Schedule 1.

13. INSURANCE

13.1. The Driving Instructor must maintain, at its own expense and for the duration of this Agreement (and any period required by law thereafter), the following:
  – Professional indemnity insurance (with minimum coverage as required by law);
  – Comprehensive motor vehicle insurance for each Vehicle used;
  – Public liability insurance; and
  – Any additional insurance as may be required by law.

13.2. Proof of such insurance must be provided to the Operator upon request.

14. INDEMNITY

14.1. The Driving Instructor agrees to indemnify, defend, and hold harmless the Operator and its officers, employees, and agents from and against any and all claims, liabilities, losses, damages, expenses, or costs (including legal fees) arising out of or in connection with:
  – Any breach of this Agreement by the Driving Instructor;
  – The negligence, misconduct, or wilful default of the Driving Instructor in providing driver training services; or
  – Any violation of applicable law by the Driving Instructor.

15. TERMINATION

15.1. Termination for Cause
The Operator may terminate this Agreement immediately without notice if the Driving Instructor:
  – Commits a material breach of these Terms and Conditions and fails to remedy the breach within 7 days of receiving written notice; or
  – Is declared bankrupt or insolvent.

15.2. Termination Without Cause
Either Party may terminate this Agreement by providing 30 days’ written notice to the other Party.

15.3. Consequences of Termination
Upon termination, all rights granted under this Agreement shall cease, and the Driving Instructor shall:
  – Pay all outstanding Fees up to the termination date;
  – Immediately cease using the Platform Services; and
  – Return any Operator-provided property, if applicable.

15.4. Termination of this Agreement shall not affect any rights or liabilities accrued prior to termination.

16. NOTICES

16.1. Any notices under this Agreement must be in writing and delivered by hand, by prepaid post, or by email to the addresses specified below.

16.2. A notice is deemed to have been received:
  – Immediately if delivered by hand;
  – On the fourth Business Day after posting if sent by prepaid post; or
  – As soon as sent by email (provided no error message is received), except when delivery occurs outside normal business hours, in which case it is deemed received on the next Business Day.

Notices should be sent to:
  Email: info@licencepro.com.au
  Postal Address: PO Box 3590, Rouse Hill NSW 2155

17. GENERAL

17.1. Amendment
The Operator may amend these Terms and Conditions at any time by providing written notice to the Driving Instructor. Continued use of the Platform after such notice constitutes acceptance of the revised terms.

17.2. Assignment
The Driving Instructor may not assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of the Operator.

17.3. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17.4. Governing Law and Jurisdiction
This Agreement is governed by the law of New South Wales, Australia. The Parties agree to submit to the non-exclusive jurisdiction of the courts in New South Wales.

17.5. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements or understandings, whether written or oral.

17.6. No Waiver
Failure by either Party to enforce any right or provision in this Agreement shall not constitute a waiver of that right or provision.

17.7. Independent Legal Advice
Each Party acknowledges that it has had the opportunity to seek independent legal advice before entering into this Agreement.

SCHEDULE 1 – FEE SCHEDULE & LIQUIDATED DAMAGES

Item 1 – Service Fees

• The Driving Instructor shall pay the Operator a service fee of 25% (GST inclusive) on the gross amount received for each Job.

Item 2 – Liquidated Damages
The Driving Instructor agrees that the following liquidated damages shall apply in the event of specific breaches:

• Failure to update the Booking Calendar (in order to prevent circumventing the Platform) shall incur liquidated damages of $500 per affected Job.
• Any other breach that results in reputational or operational harm to the Platform may result in additional liquidated damages at the Operator’s discretion (up to a maximum sum as determined by the Operator).

SCHEDULE 2 – POLICIES, PROCEDURES, AND CODE OF CONDUCT

The Driving Instructor agrees to abide by all policies, procedures, and codes of conduct published on the Platform from time to time. These include, but are not limited to:

• LicencePro Privacy Policy
• LicencePro Payment Policy
• LicencePro Driving Instructor Code of Conduct

LicencePro looks forward to a successful and professional working relationship with you.
By clicking “I Accept” or by registering on the LicencePro Platform, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.