No Yelling Driving School Terms and Conditions – Driving Lessons Policy

Welcome to No Yelling Driving School’s website and applications (together, our “Website”). These Terms and Conditions govern your use of our Website and the related services and applications through which No Yelling facilitates the connection between learner drivers and independent driving instructors.

Driving tuition, including the use of an Instructor’s vehicle for driving lessons and related purposes (collectively referred to as “Driving Lessons”), is provided by independent Driving Instructors and facilitated through No Yelling’s platform (collectively referred to as the “Service”).

Please read these Terms and Conditions carefully before using any part of the Service. By accessing or using our Website or Service, you agree to be bound by these Terms and Conditions.

Running a business can be challenging, and there are many laws designed to protect consumers. These Terms and Conditions are intended to clearly explain the relationship between you, No Yelling and our independent Driving Instructors.

We understand that some legal terminology is necessary, and we encourage you to take the time to read these Terms and Conditions carefully.

If you do not accept these Terms and Conditions in full, please stop using the Service immediately.

Introduction

This Website is operated by No Yelling Driving School Pty Ltd, ABN 98 145 375 819 (“we”, “us” or “No Yelling”), whose registered office is at Level 38, 71 Eagle Street, Brisbane, QLD 4000, Australia.

No Yelling operates an independent platform through which Driving Lessons and associated services are provided by independent, appropriately licensed Driving Instructors (“Instructors”) and facilitated by No Yelling.

We Are Here to Help

No Yelling is an independent online platform that facilitates the connection between learner drivers and qualified professional Driving Instructors.

No Yelling does not itself provide Driving Lessons and does not operate as the agent, partner, joint venturer or employer of Driving Instructors.

Our Service provides a simple, safe, secure and convenient platform designed to connect Students with Driving Instructors and assist Students in becoming competent and confident drivers.

No Yelling undertakes marketing and administrative activities in connection with Driving Lessons on behalf of our Instructors, facilitates bookings and communications, may accept payments on their behalf and assists in facilitating the ongoing relationship between Students and Instructors.

Driving Instructors operate independently and are responsible for the Driving Lessons and driving instruction they provide.

Booking Lessons

When you make a booking through our Website, you will receive a notification confirming receipt of your request.

We will then seek to assign an Instructor in your area, subject to the availability of an appropriate Instructor.

Please ensure that you provide a correct email address, current address and telephone number so that we and/or your Instructor can communicate with you regarding your booking, Instructor availability and the delivery of your Driving Lessons.

By using our Website, you acknowledge and accept that if you fail to provide at least 24 hours’ notice to your appointed Instructor before a scheduled Driving Lesson, the amount paid or payable for that Driving Lesson may be forfeited in full.

Enforcement of this cancellation requirement is at the discretion of the appointed Instructor and, where applicable, No Yelling in its role facilitating the booking.

Instructors also reserve the right to reschedule appointed lesson times without charge or penalty to the Student, provided reasonable notice is given.

Driving Lessons

Our Service and the availability of Driving Lessons are subject to Instructor availability.

We reserve the right to offer or arrange an alternative Instructor if the Instructor originally assigned to you becomes unavailable for any reason.

No Yelling is not liable for any traffic infringement incurred by you during a Driving Lesson or otherwise while using the Service. You remain responsible for any fines, penalties or other amounts payable as a result of an infringement for which you are legally responsible.

No Yelling endeavours to facilitate a high-quality experience and may act as your first point of contact if there is a concern regarding the quality or manner in which a Driving Lesson or related Service has been delivered.

Instructors using the No Yelling platform are expected to maintain appropriate standards of professionalism and care and to comply with applicable licensing and regulatory requirements.

If you have comments or concerns relating to an Instructor, Driving Lesson or any other part of the Service, please contact us using the contact details provided below.

Price and Payment

The price of any Driving Lessons will be listed on our Website. Prices displayed on our Website are exclusive of GST unless otherwise stated. Prices may vary between States and Territories.

No Yelling is an independent online platform that facilitates the connection between Students and independent Driving Instructors. Driving Lessons are provided directly by the appointed Driving Instructor and not by No Yelling.

Each Driving Instructor is responsible for their own invoicing, taxation and GST obligations in accordance with their individual GST registration status. Where applicable, the Driving Instructor is responsible for accounting for GST in relation to the Driving Lessons they provide.

No Yelling may facilitate and accept payment for Driving Lessons on behalf of our Instructors. Payment of the applicable lesson price to No Yelling will discharge the Student’s obligation to pay that amount to the appointed Driving Instructor.

Where No Yelling directly invoices a corporate or business customer, GST will be added to the advertised Website price where applicable and will be shown on the relevant tax invoice.

Prices are liable to change at any time, but changes will not affect bookings for which you have already received confirmation, except in the case of an obvious pricing error, in which case we will notify you as soon as reasonably practicable.

You may, in limited circumstances, be charged additional costs above those advertised on our Website, including but not limited to road tolls and other costs incurred in connection with a Driving Lesson.

All purchases are subject to a 12-month expiry period from the purchase date. If a purchase has not been redeemed before its expiry, the remaining entitlement will expire.

All gratuities are voluntary.

Cancellation

You have the right to cancel a booking by providing at least 24 hours’ notice before your scheduled Driving Lesson.

Failure to cancel within this period may result in a cancellation fee equal to the full price of the individual lesson scheduled.

You may cancel a scheduled lesson by contacting your appointed Instructor directly.

No Yelling and its Instructors also reserve the right to cancel or reschedule a scheduled lesson, provided reasonable steps are taken to notify you in advance.

You will not be charged for a cancellation made by No Yelling or an Instructor in accordance with this clause.

Repair or Cleaning Fees

You are responsible for the reasonable cost of repairing damage to, or necessary cleaning of, the property of a third-party provider, including an Instructor’s vehicle or other property, where the damage or cleaning requirement results from your use of the Service and is beyond normal wear and tear.

If an Instructor reports the need for repair or cleaning and the request is verified by No Yelling acting reasonably, No Yelling may facilitate payment of the reasonable repair or cleaning cost on behalf of the Instructor using your designated payment method.

Any such amounts facilitated by No Yelling will be transferred to the applicable third-party provider and are non-refundable, subject to your rights under applicable law.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use our Website and Services.

Your internet, mobile network, data and messaging rates and fees may apply when accessing or using our Website or related Services.

You are responsible for acquiring and maintaining compatible hardware or devices necessary to access and use the Services and any applicable updates.

No Yelling does not guarantee that the Website or Services, or any portion of them, will function on every particular device or hardware configuration.

Our Website and related Services may also experience malfunctions, interruptions or delays inherent in the use of the internet and electronic communications.

User Requirements and Conduct

You must hold a valid learner licence or other licence appropriate to the Driving Lesson being undertaken and must carry it with you where required by law.

You agree to comply with all applicable laws when accessing or using the Website and related Services and may only access or use the Services for lawful purposes.

You must not cause nuisance, annoyance, inconvenience, damage or loss to an Instructor, third-party provider or any other person in connection with your use of the Services.

You may be asked to provide proof of identity, licensing or other appropriate qualification to access or use the Services.

You acknowledge that you may be denied access to or use of the Services if you refuse to provide reasonably requested proof of identity or appropriate licensing or qualification.

Licence

Subject to your compliance with these Terms, No Yelling grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable licence to:

access and use the Website on your personal device solely in connection with your use of the Services; and
access and use any content, information and related materials made available through the Services solely for your personal, non-commercial use.

Any rights not expressly granted under these Terms are reserved by No Yelling and No Yelling’s licensors.

Ownership

The Website, Services and all associated rights remain the property of No Yelling or No Yelling’s licensors.

Neither these Terms nor your use of the Website or Services conveys or grants to you any rights:

in or related to the Website or Services except for the limited licence expressly granted under these Terms; or
to use or reference No Yelling’s company name, logos, product or service names, trademarks, service marks or other intellectual property except with No Yelling’s prior written permission.

Restrictions

You may not:

remove any copyright, trademark or other proprietary notice from any portion of the Website or related applications;
reproduce, modify, prepare derivative works based on, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any portion of the Website or Services except as expressly permitted by No Yelling;
decompile, reverse engineer, disassemble or otherwise attempt to derive the source code or underlying structure of the Website or related applications, except to the extent expressly permitted by applicable law;
link to, mirror or frame any portion of the Website or related Services without No Yelling’s prior written permission;
cause or launch any program, script, automated process or other technology for the purpose of scraping, indexing, surveying, data mining or otherwise extracting information from any portion of the Website or related applications without No Yelling’s prior written permission;
take any action that places an unreasonable or disproportionately large burden on, interferes with, disrupts or impairs the operation, security or functionality of the Website, Services or related systems or networks;
attempt to gain unauthorised access to the Website, Services, user accounts, computer systems or networks connected to the Website or Services;
use the Website or Services for any unlawful, fraudulent, misleading or unauthorised purpose; or
attempt to circumvent, disable or interfere with any security-related feature or other measure designed to protect the Website, Services, No Yelling, our Instructors or other users.

Notices and Communication

No Yelling may give notice by means of a general notice on its Website or through the Services, by email to the email address you provide, 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 38, 71 Eagle Street, Brisbane, QLD 4000, Australia or by email to info@noyelling.com.au.

Unless otherwise required by law, notices will be deemed received within a reasonable period following delivery.

By continuing to use the Website and related Services, you agree that No Yelling may contact you by telephone, email or text message using contact details provided by you or on your behalf in connection with the Website and Services.

You may opt out of receiving marketing text messages from No Yelling at any time by following the opt-out instructions contained in the message or by contacting us at info@noyelling.com.au.

You acknowledge that opting out of certain operational communications may affect our ability to facilitate your bookings or your use of the Services.

User-Provided Content

No Yelling may, at its discretion, permit you to submit, upload, publish or otherwise make available through the Website or related Services textual, audio and/or visual content and information, including commentary, reviews, feedback, support requests and 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 and royalty-free licence, with the right to sublicense, to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform and otherwise use such User Content in connection with the Website, Services and No Yelling’s business, subject to applicable law.

You represent and warrant that:

you own the User Content or otherwise have all rights, licences, consents and permissions necessary to provide it and grant the rights described above; and
the User Content, your provision of the User Content and No Yelling’s permitted use of the User Content will not infringe or violate any third party’s intellectual property, proprietary, privacy or other rights or any applicable law.

You agree not to provide User Content that is defamatory, unlawful, hateful, violent, obscene, pornographic or otherwise inappropriate.

No Yelling may, but is not obligated to, review, monitor or remove User Content where reasonably considered necessary or appropriate.

Arbitration Agreement

To the extent permitted by law, you and No Yelling agree that disputes arising out of or relating to these Terms or your access to or use of the Services may be resolved through arbitration where agreed or otherwise applicable.

Any arbitration will be conducted in accordance with applicable Australian law, including the Commercial Arbitration Act 2013 (Qld), where applicable.

Unless otherwise agreed, arbitration will take place in Queensland, Australia.

Nothing in this section is intended to exclude, restrict or modify any right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where appropriate.

Indemnity and Limited Liability

To the extent permitted by law, you agree to indemnify and hold harmless No Yelling and its officers, directors, employees and agents from claims, demands, losses, liabilities and reasonable expenses arising out of or in connection with:

your misuse of the Website or Services;
your breach of these Terms;
No Yelling’s permitted use of your User Content; or
your violation of the rights of any third party, including an Instructor or other third-party provider.

Driving Lessons are provided by independent Driving Instructors. To the extent permitted by law, No Yelling is not responsible for loss or damage arising directly from the acts or omissions of an independent Instructor in providing Driving Lessons, including matters involving an Instructor’s vehicle, except to the extent that liability cannot lawfully be excluded.

No Yelling will not be liable for indirect, incidental, special or consequential loss arising from your use of the Website or Services to the extent such liability may lawfully be excluded.

No Yelling will not be liable for loss arising solely from:

your use of or reliance on the Website or Services or your inability to access or use them; or
a transaction or relationship between you and an independent third-party provider,

except to the extent that such liability cannot lawfully be excluded.

No Yelling is not responsible for delay or failure in performance resulting from circumstances beyond its reasonable control.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or other applicable State or Territory legislation.

Where appropriate, No Yelling will assist in facilitating the resolution of issues arising between Students and Instructors in connection with Driving Lessons arranged through the platform.

Events Outside Our Control

No party will be liable to the other for delay or non-performance of its obligations arising from circumstances beyond its reasonable control, including natural disasters, governmental action, war, fire, flood, severe weather, civil disturbance, widespread telecommunications or technology failures, or other events beyond that party’s reasonable control.

Nothing in this clause excuses a payment obligation that has already arisen, except where otherwise required by applicable law.

Disclaimer

The Website and platform Services are provided on an “as is” and “as available” basis.

To the extent permitted by law, No Yelling makes no representation, warranty or guarantee regarding the continuous availability or uninterrupted operation of the Website or platform Services.

No Yelling does not guarantee the availability of a particular Instructor or that an Instructor will be able to accept a particular booking, date, time or location.

Driving Lessons are provided by independent Driving Instructors. No Yelling does not guarantee any particular result from a Driving Lesson, including that a Student will obtain or retain a driver licence or pass a driving assessment or test.

Nothing in this Disclaimer or these Terms excludes, restricts or modifies any guarantee, right or remedy available under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.

Severability

If any provision of these Terms is determined to be illegal, invalid or unenforceable, that provision will be severed or read down to the extent necessary, and the remaining provisions will continue in full force and effect.

Where reasonably possible, the parties will interpret these Terms in a manner that gives effect to their intended purpose while complying with applicable law.

Entire Agreement

These Terms contain the agreement between you and No Yelling relating to your use of the Website and Services and supersede prior agreements, arrangements or understandings relating to that subject matter.

These Terms are to be read and interpreted as a whole.

Nothing in this section excludes any representation, guarantee, right or remedy that cannot lawfully be excluded under applicable law.

Variations to Terms and Conditions

No Yelling may revise these Terms from time to time by updating this page.

Where appropriate, changes will take effect from the date the revised Terms are published on the Website.

Your continued use of the Website or Services after revised Terms take effect constitutes your acceptance of those revised Terms, subject to any rights you may have under applicable law.

You are encouraged to review this page periodically to remain informed of any changes.

Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Queensland, Australia.

Subject to any rights you may have under applicable law, the courts of Queensland will have jurisdiction in relation to disputes arising from or relating to these Terms, the Website or Services.

Acceptance

You acknowledge that you have read and understood these Terms and Conditions.

By accessing, using or continuing to use the Website or related Services, you agree to be bound by these Terms and Conditions to the fullest extent permitted by law.