Terms of Use
Introduction
This Website is operated by ADI Motoring Ltd (“we” or “us” or “ADI Motoring”), Company Registration Number: 547846, whose registered office is at Digital Office Centre, Balheary Road, Swords, Co. Dublin, K67E5A0. ADI Motoring Limited is a business where the Driving lessons and associated Services are provided in collaboration with independent, government licenced driving instructors (our “Instructors”) and facilitated by us.
We are here to help
ADI Motoring is an independent online platform that facilitates the connection between learner drivers and qualified professional driving instructors. We do not personally provide driving lessons nor do we operate as joint-venturer or employer of driving instructors. Our Service is to provide a simple, safe, secure and convenient platform to assist you to become a competent and confident driver. ADI Motoring takes on the responsibility of marketing driving lessons, the Service, on behalf of our Instructors, accepting payment on their behalf and facilitating for the ongoing relationship with you.
Booking lessons
When you make a booking through our Website, you choose your own instructor from those operating near your location and select a driving lesson package. After sign up and payment you will receive notifications to confirm the receipt of payment and of your first booking and all future bookings you make through the platform. You will also receive lesson reminders and notifications to lesson changes from the platform on behalf of your driving instructor.
In the event that you call us to book in we will assign you a Driving Instructor near your location, provide you with a provisional booking date and time and send you a payment request via email. For security reasons we do not take credit or debit card information over the phone. Once you make payment you will receive notifications to confirm the receipt of payment, your platform login credentials and confirmation of your first booking. You can then use your login to manage all future bookings you make. You will also receive lesson reminders and notifications to lesson changes from the platform on behalf of your driving instructor.
In the event that your Driving Instructor invites you to use the platform you will receive your login credentials via email. You can then use your login details to manage all your future bookings with your Driving Instructor. You will also receive lesson reminders and notifications to lesson changes from the platform on behalf of your driving instructor.
In using our Website you acknowledge that you are aware of and accept that if you fail to provide notice to your driving instructor 48 hours prior to the scheduled lesson, the amount for the driving lesson will be forfeited entirely. The enforcement of this clause is at the discretion of your chosen Driving Instructor and ADI Motoring itself. Please note also that our Instructors reserve the discretion to reschedule appointed times at no charge or penalty provided that notice is given.
Driving lessons
Our Service is subject to availability. We reserve the right to provide you with an alternative Instructor in the instance that the one assigned to you is no longer available for any reason. ADI Motoring is not liable, whatsoever, for any traffic violations incurred by you during a Driving lesson or otherwise, whilst engaged with any of our direct or indirect Services. In such an event, you are and will remain solely liable to make good any amounts payable as a result of the violation. ADI Motoring endeavors to provide a high quality service and will be your first contact in the event there is a problem with the quality or manner of which the Service is delivered. Hence, all ADI Motoring Instructors are legally bound to meet our standards of professionalism and care, as it is of the utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Instructors, Driving lessons or in respect to any part of the Service by writing, emailing or calling us. Contact details are provided below.
Price and payment
The price of any Driving lessons will be listed on our Website. Prices are liable to change at any time, but changes will not affect bookings in respect of which you have been presented with a confirmation email, save in the case of an obvious pricing mistake and provided the purchase as made within the last 6 months, whereby we will notify you as soon as we can about the pricing issue. Payment for the Service can be made by credit or debit card through our Website.
If a package was purchased outside of the last 6 months and pricing has increased the difference in package cost must be paid or the equivalent number of lessons at current market value be taken.
Payment is made directly to your Driving Instructor and we recover a fee at the point of purchase. Please note all related ADI Motoring fees recovered at point of purchase for Driving Lessons are non-refundable. We are authorised by our Driving Instructors to accept payment on their behalf and payment of the price of any Driving lessons or related package made to us will discharge your obligations to pay such price to the Instructor.
You may in limited circumstances be charged additional costs above those advertised on our Website for things including but not limited to road tolls etc. Note that all purchases made from ADI Motoring are subject to a 12-month expiry period from the purchase date. If a purchase has not been redeemed before its expiry, the total amount will be lost. All gratuities are voluntary. All driving lessons must be completed within 6 months of the first lesson taking place.
Your Driving Instructor is solely responsible for all transactions authorised and received through our website and therefore all refunds must be requested directly from your Driving Instructor. All refunds are subject to a refund processing fee and all transaction fees on payments are non-refundable.
When pre-ordering driving lessons or purchasing a gift voucher your funds are held in trust until you contact us to redeem those lessons. Once you are assigned an instructor all funds are transferred to your driving instructor less our fee recovered from the driving instructor at the point of redemption.
Following the introduction of the Consumer Protection (Gift Vouchers) Act 2019, all gift vouchers purchased from ADI Motoring Ltd will have an expiry date of five years from the date of purchase, regardless of any previously stated expiry date at the time of purchase. ADI Motoring Ltd reserves the right to amend or cancel this policy at any time.
Cancellation
You have the right to cancel a booking within a reasonable time, being 48 hours in advance of your scheduled Driving lesson. Failure to cancel within this time will result in a cancellation fee being the whole price of the individual lesson scheduled. You may cancel a scheduled lesson directly through our platform or by contacting your Driving Instructor. Additionally, ADI Motoring and its Instructors reserve the right to cancel a scheduled lesson provided that they inform or take reasonable steps to inform you 48 hours prior to the scheduled engagement. You will not be charged for any cancellation made in accordance with this clause.
Repair or cleaning fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of any third party providers, which includes but is not limited to our Instructors, vehicles and property resulting from use of the Services by you in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that an Instructor reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by ADI Motoring in ADI Motoring’s reasonable discretion, ADI Motoring reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Instructor using your designated payment method. Such amounts will be transferred by ADI Motoring to the applicable third party provider and are non-refundable.
Network access and devices
You are responsible for obtaining the data network access necessary to use our Website and Services. Your computer or mobile network's data and messaging rates and fees may apply if you access or use our Website or related Services from your device/s. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. ADI Motoring does not and cannot guarantee that the Website or Services, or any portion thereof, will function on any particular hardware or device. Further, instances may occur wherein our Website or related Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
User requirements and conduct
You must have a valid learners permit to participate in Driving lessons and carry it with you at all times. You agree to comply with all applicable laws when accessing or using the Website and related Services, and you may only access or use the Services for lawful purposes. Ignorance is not excuse or justification. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Driving Instructor, Third Party Provider or any other party. You may be asked to provide proof of identity to access or use the Services, and you understand and accept that you may be denied access to or use of the Services if you refuse to provide proof of identity and or appropriate qualification.
Licence
Subject to your compliance with these Terms, ADI Motoring grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable licence to:
access and use the Website on your personal devices solely in connection with your use of the Services; and
access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by ADI Motoring and ADI Motoring’s licensors.
Ownership
The Website and Services and all rights therein are and shall remain ADI Motoring’s property or the property of ADI Motoring’s licensors. Neither these Terms nor your use of the Website or Services convey or grant to you any rights:
in or related to the Services except for the limited licence granted above; or
to use or reference in any manner ADI Motoring’s company names, logos, product and service names, trademarks or services marks or those of ADI Motoring’s licensors.
Restrictions
You may not:
remove any copyright, trademark or other proprietary notices from any portion of the Website and related applications;
reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ADI Motoring; (iii) decompile, reverse engineer or disassemble the Website and related applications except as may be permitted by applicable law;
link to, mirror or frame any portion of the Website or related Services;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website and related applications or unduly burdening or hindering the operation and/or functionality of any aspect of the Website or Service; or
attempt to gain unauthorised access to or impair any aspect of the Website or Services or its related systems or networks.
Notices and communication
ADI Motoring may give notice by means of a general notice on its Website, through its Services, electronic mail, to your email address or by written communication sent to your residential or postal address. You may give notice to ADI Motoring by written communication to ADI Motoring’s registered address at Digital Office Centre, Balheary Road, Swords, Co. Dublin, K67E5A0 or by email at
User provided content
ADI Motoring may, at ADI Motoring’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ADI Motoring through the Website or related Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to ADI Motoring, you grant ADI Motoring a worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to sublicence, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website and Services and ADI Motoring’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and further warrant that:
you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant ADI Motoring the licence to the User Content as set forth above; and
neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor ADI Motoring’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ADI Motoring in its sole discretion, whether or not such material may be protected by law. ADI Motoring may, but shall not be obligated to, review, monitor, or remove User Content, at ADI Motoring’s sole discretion and at any time and for any reason, without notice to you.
Arbitration agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against ADI Motoring on an individual basis in arbitration. This will preclude you from bringing any class, collective, or representative action against ADI Motoring, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against ADI Motoring by someone else. In furtherance of this understanding and undertaking, you and ADI Motoring agree that any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and ADI Motoring, and not in a court of law.
Additionally, you acknowledge and agree that you and ADI Motoring are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and ADI Motoring otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and ADI Motoring each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Indemnity and limited liability
You agree to indemnify and hold ADI Motoring and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including professional fees) arising out of or in connection with:
your use of the Services or Driving lessons or related services or goods obtained through your use of the Website or related Services;
your breach or violation of any of these terms;
ADI Motoring’s use of your User Content; or
your violation of the rights of any third party, including third party providers such as but not limited to our Instructors. In as far as legally permitted, ADI Motoring is not liable under any circumstance for any damage, negligence whatsoever caused, or loss resulting from any accident or collision, vehicle malfunction, absence of appropriate insurances and/or including any other event that results in damage or loss to you or the Instructor. To avoid any confusion, ADI Motoring is not liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if ADI Motoring has been advised of the possibility of such damages.
ADI Motoring shall not be liable for any damages, liability or losses arising out of:
your use of or reliance on the Website and Services or your inability to access or use the Website and Services; or
any transaction or relationship between you and any third party provider, even if ADI Motoring has been advised of the possibility of such damages.
ADI Motoring shall not be liable for delay or failure in performance resulting from causes beyond ADI Motoring’s reasonable control. You hereby agree, that in no event shall ADI Motoring’s total liability to you in connection with the Services, for all damages, losses and causes of action, exceed five hundred euros. notwithstanding the effect of this clause, ADI Motoring will assist as far as practical to facilitate the speedy resolution of any foreseeable circumstance that may arise in the delivery of related services between yourself and our instructors.
Events outside our control
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse you from any payment obligations under this Agreement.
Disclaimer
The Website and services are provided “as is” and “as available.” ADI Motoring disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, ADI Motoring makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. ADI Motoring does not guarantee the quality, suitability, safety or ability of third party providers. you agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Severability
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced. In good faith, both parties will do all things necessary to give full effect to the provisions herein contained.
Entire agreement
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter. You further acknowledge and understand that this agreement is to be read and interpreted as a whole and will not be read against ADI Motoring as a result of ADI Motoring having undertaken the professional costs of drafting this said agreement between the parties.
Variations of terms and conditions
ADI Motoring may revise these terms of use at any time by amending this page. You hereby accept that you are responsible for and expected to check this page from time to time, to take notice of any changes we make, as they are binding on you.
Law and jurisdiction
These terms and conditions shall be governed and construed by the laws of Ireland and the parties agree to submit to the exclusive jurisdiction of the Irish Courts.
Acceptance
You acknowledge that you have read and understand these terms and conditions. By proceeding and continuing to use this Website and related Services, you unequivocally agree to be bound to the fullest extent permitted by law.
