Terms and conditions

Last updated 01/03/2017 | PDF version

Welcome to No Yelling’s website and applications (together our “Website”). This page discloses to you the terms and conditions regarding your use of our Website and any related service or applications through which we provide content and or our Instructors deliver driving tuition which includes but is not limited to the use of an Instructors vehicle for related purposes (together referred to as “Driving lessons”) facilitated by us to you (collectively referred to as the “Service”). Please read these terms and conditions carefully before using any part of the Service. By accessing and using this Website, you agree to be bound by these terms and conditions.

Running a business can be scary business. There are many laws to protect the consumer and these terms and conditions are an attempt to protect our little family. We understand that there is a lot of legal terminology but it is imperative that you take the time to read through the provisions herein contained. We acknowledge that these terms and conditions are robust and are so to provide peace of mind to our employees, sub-contractors and trusted partners so that we may focus on the diligent performance of our duties and providing the highest quality service possible.

If you do not accept these terms and conditions in full please stop using this service immediately.

Introduction

This Website is operated by No Yelling Driving School Pty Ltd 98 145 375 819 (“we” or “us” or “No Yelling”), ACN 98 145 375 819, whose registered office is at Level 22, 69 Ann Street, Brisbane, QLD 4000, Australia. No Yelling is a business where the Driving lessons and associated Services are provided in collaboration with independent, government licensed driving instructors (our “Instructors”) and facilitated by us.

We are here to help

No Yelling 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 an agent, partner, 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. No Yelling 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 will receive a notification to confirm the receipt of your request. We will then assign to you an Instructor in your area, if and where an appropriate Instructor is available. Please ensure that you have given us a correct email address, as this is how we will communicate with you about your booking. Please also ensure that you provide your current address and telephone number to enable us to deliver accurate information about Instructor availability in your location and to arrange for the delivery of the Driving lessons. In using our Website you acknowledge that you are aware of and accept that if you fail to provide notice to the appointed instructor 24 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 the appointed Instructor and No Yelling 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. No Yelling is not liable, whatsoever, for any traffic infringements 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 infringement. No Yelling endeavours 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 No Yelling 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 include GST. Prices will vary between States and Territories. 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, 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 or via our in-car payment methods with one of our Instructors. Payment is made directly to No Yelling and is subsequently passed on by No Yelling to our Instructors upon satisfactory performance. We are authorised by our 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 etcetera. Note that all purchases made from No Yelling 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.

Cancellation

You have the right to cancel a booking within a reasonable time, being 24 hours in advance of your scheduled Driving lesson. Failure to cancel within this time will result in a cancelation fee being the whole price of the individual lesson scheduled. You may cancel a scheduled lesson by contacting your appointed Instructor directly. Additionally, No Yelling and its Instructors reserve the right to cancel a scheduled lesson provided that they inform or take reasonable steps to inform you 24 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 No Yelling in No Yelling’s reasonable discretion, No Yelling 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 No Yelling 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. No Yelling 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 license 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 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.

License

Subject to your compliance with these Terms, No Yelling grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to:

  1. access and use the Website on your personal device solely in connection with your use of the Services; and
  2. 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 No Yelling and No Yelling’s licensors.

Ownership

The Website and Services and all rights therein are and shall remain No Yelling’s property or the property of No Yelling’s licensors. Neither these Terms nor your use of the Website or Services convey or grant to you any rights:

  1. in or related to the Services except for the limited license granted above; or
  2. to use or reference in any manner No Yelling’s company names, logos, product and service names, trademarks or services marks or those of No Yelling’s licensors.

Restrictions

You may not:

  1. remove any copyright, trademark or other proprietary notices from any portion of the Website and related applications;
  2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by No Yelling; (iii) decompile, reverse engineer or disassemble the Website and related applications except as may be permitted by applicable law;
  3. link to, mirror or frame any portion of the Website or related Services;
  4. 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
  5. attempt to gain unauthorised access to or impair any aspect of the Website or Services or its related systems or networks.

Notices and communication

No Yelling 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 No Yelling by written communication to No Yelling’s registered address at Level 22, 69 Ann Street, Brisbane, QLD 4000, Australia or by email at info@noyelling.com.au. Such notice will be deemed to have been received upon the expiration of 48 hours, after mailing or posting, or 24 hours after sending, if sent by email or telephone. In continuing to use this Website and related Services you agree that No Yelling may contact you by telephone or text message (including by an automatic telephone dialling system) using any phone numbers or email address provided by you or on your behalf in connection with our Website and related applications and Services. You also acknowledge that you may opt out of receiving text messages from No Yelling at any time, either by texting the word “STOP” to the number from which you received contact, using the mobile device that is receiving the messages, or by emailing info@noyelling.com.au with said request. You acknowledge that opting out of receiving any communications may impact your use of the Website and Services.

User provided content

No Yelling may, at No Yelling’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to No Yelling 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 No Yelling, you grant No Yelling a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, 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 No Yelling’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:

  1. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant No Yelling the license to the User Content as set forth above; and
  2. neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor No Yelling’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 No Yelling in its sole discretion, whether or not such material may be protected by law. No Yelling may, but shall not be obligated to, review, monitor, or remove User Content, at No Yelling’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 No Yelling on an individual basis in arbitration. This will preclude you from bringing any class, collective, or representative action against No Yelling, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against No Yelling by someone else. In furtherance of this understanding and undertaking, you and No Yelling agree that any dispute, claim or controversy arising out of or relating to

  1. these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or
  2. 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 No Yelling, and not in a court of law.

Additionally, you acknowledge and agree that you and No Yelling 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 No Yelling 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 No Yelling 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. The party who desires to initiate arbitration must provide the other party with a written demand for Arbitration as specified and in accordance with the Commercial Arbitration Act (Queensland) 2013 and for international disputes, the International Arbitration Act 1974 (Cwlth) or the equivalent legislation at the applicable time. Unless No Yelling otherwise directs, the arbitration will be conducted in the jurisdiction of Queensland, Australia with all related costs to be borne by each party until such time as a decision as to costs is made by a third party arbitrator in the resolution of such matter.

Indemnity and limited liability

You agree to indemnify and hold No Yelling 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:

  1. your use of the Services or Driving lessons or related services or goods obtained through your use of the Website or related Services;
  2. your breach or violation of any of these terms;
  3. No Yelling’s use of your User Content; or
  4. 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, No Yelling 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, No Yelling 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 No Yelling has been advised of the possibility of such damages.

No Yelling shall not be liable for any damages, liability or losses arising out of:

  1. your use of or reliance on the Website and Services or your inability to access or use the Website and Services; or
  2. any transaction or relationship between you and any third party provider, even if No Yelling has been advised of the possibility of such damages.

No Yelling shall not be liable for delay or failure in performance resulting from causes beyond No Yelling’s reasonable control. In the circumstances that it is within our control, you shall be granted a to the extent of the delay or failure to perform. You hereby agree, that in no event shall No Yelling’s total liability to you in connection with the Services, for all damages, losses and causes of action, exceed one thousand dollars. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including under the competition and consumer act 2010 (cth), the statutory consumer guarantees under the australian consumer law, or similar laws in the states and territories of australia. notwithstanding the effect of this clause, no yelling 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.” No Yelling 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, No Yelling 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. No Yelling 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 No Yelling as a result of No Yelling having undertaken the professional costs of drafting this said agreement between the parties.

Variations of terms and conditions

No Yelling 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

The Queensland courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of Queensland.

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.