Drivio Driving School – Terms and Conditions

Terms and Conditions
Sale of Services, Products and Vouchers

INTRODUCTION
1. DEFINITIONS
  1. Unless otherwise expressly stated, or as the context requires, the words and expressions listed below shall, when used in these Terms and Conditions, including this introduction, bear the meanings ascribed to them:
    1. “Contract” means collectively these Terms and Conditions and the Contract document. A Contract Document is either a Tax Invoice, Service Level Agreement or a signed Agreement. Such Contract shall be effective as soon as a Contract document is accepted by the Client, a Client file is opened, or the Client makes a payment;
    2. “Client” means the party to which Drivio undertakes to provide the Services, Products, Equipment and/or Vouchers on the terms and conditions contained herein. Client and Customer may be used interchangeably and carries the same meaning;
    3. “Equipment” means the simulators, electrical goods and vehicles provided to the Client by Drivio in accordance with these Terms and Conditions;
    4. “Vouchers” means the user access licences to the Equipment and Products;
    5. “Drivio” means Interactive Driving Academy (PTY) LTD (trading as Drivio), a company with limited liability incorporated under the laws of the Republic of South Africa and having company registration number 2015/014108/07, with the following domicilium:
      
      U19 Enterprise Building,
      Mark Shuttleworth Street
      Persequor,
      Pretoria
      Att: Mr Thivash Moodley
      E-mail: info@drivio.co.za;
    6. “Service/s” means all driver training services and related services, of whatsoever nature, provided by Drivio to the Client in accordance with these Terms and Conditions;
    7. “Fees” means the fees charged by Drivio to the Client for the provision of the Services; and
    8. “Terms and Conditions” means these standard terms and conditions and all appendices annexed hereto.

GENERAL STANDARD TERMS AND CONDITIONS
1. PURCHASE PRICE AND PAYMENT
  1. Notwithstanding any other provision in the Contract, if, prior to the commencement of the provision of the Services and/or the delivery of the Products and Vouchers there is an increase, of whatever nature, in the costs to enable Drivio to provide the Services and/or supply the Products, Equipment and Vouchers, Drivio shall be entitled to increase the Fees to cover such increases.
  2. In the event of any increase, Drivio shall give the Client fifteen (15) days’ notice of such an increase and, in that event, the Client may, by giving notice in writing to Drivio within seven (7) days of the dispatch of such notice by Drivio, cancel or terminate its order for the Services rendered and/or the Products, Equipment and Vouchers, insofar as Drivio has not commenced with the Services and the Client has not taken delivery of the Equipment and Vouchers.
  3. Unless the Client has given written notice within seven (7) days as provided for in above, the Client shall be deemed to have accepted the increase in Fees referred to.
  4. Should the Fees reflected on the Tax Invoice be incorrect due to a clerical error, then Drivio shall have the right to rectify such error.
  5. Upon receipt of the full payment for Services, Drivio shall issue tax invoices to the Client that reflect the Fees in respect of the Services rendered.
  6. The Client acknowledges that the terms of payment in respect of its contracts with Drivio require a deposit payment and the balance strictly as per the dates specified in the Contract and no later than 10 days from the date it becomes due.
  7. All learners licence packages purchased expire eight (8) weeks from date of first payment. A reinstatement fee, as specified in the Schedule of Fees, will be charged to reactivate access to the service.
  8. All drivers licence packages purchased expire twelve (12) weeks from the date of first payment. A reinstatement fee of R699 will be charged to reactivate access to the service.
2. REFUND POLICY
  1. Drivio charges a Refund Processing fee and deducts the cost of the Services already completed:
    1. Learners Training Processing fee as per the Schedule of Fees for the current calendar year. Drivers Training Refund Processing fee as per the Schedule of Fees for the current calendar year. Refund Processing requires fifteen (15) to thirty (30) days from date of acceptance of the refund amount.
3. CLAIMS
  1. No claims by the Customer will be recognised unless submitted in writing and received by Drivio within seven (7) days of the completion of the Service. Failure to communicate any such claim will constitute an acknowledgment that the Services rendered are in all respects of a level and nature satisfactory to the Customer.
  2. By accepting the Contract and paying for the Service, the Client warrants and acknowledges that:
    1. The Client is aware of the risk of learning to drive on the road and will ensure that all precautionary measures will be taken to protect Drivio’s personnel, property and Equipment;
    2. The Client accepts the conditions of this agreement and voluntarily assumes the risk inherent in taking part in the Service and will together with the Client’s heirs, executors and administrators hereby release Drivio, its employees, subcontractors and representatives, from any duty or care towards the Client, in connection with the Client’s participation in the Service, and from liability from all or any claims that could accrue to the Client or the Client’s heirs, executors and administrators arising out of the Client’s participation in the Service or in any related activities irrespective of whether such claim or claims arose through the negligence of any person, or from any of the risks, dangers or hazards inherent in the Service, Product, Equipment, or of any loss of, or damage to, any property from any cause whatsoever. The Client further indemnifies and hold harmless any associated person(s) against any claims howsoever the same may arise.
    3. The Client shall be liable for any or all damage(s) to Drivio’s property, caused by the Client, whilst participating in the service. Drivio shall, at its own discretion, decide whether or not to repair the damages through an insurance company. Should Drivio decide not to claim from the insurance provider, the Client shall be liable for the repair cost to ensure Drivio’s property is returned to its original condition prior to the damage.
  3. Claims in respect of any loss, including loss of profits, loss of savings or any other actual or consequential damages of whatever nature, arising from the provisions of the Services, use of the Equipment or otherwise, shall not be a ground for withholding payment of any amount due to Drivio and shall not give the Client any right of set-off against any payment due to Drivio.
4. DEFAULT
  1. Drivio shall have the right forthwith to terminate the Services and to claim from the Client immediate payment of any monies owing by the Client even if not due for payment and/or to cancel this contract under any of the following circumstances:
    1. if the Client fails to pay any amount due to Drivio on the due date;
    2. if the Client fails to fulfil any of its obligations in terms of this Contract;
5. DISCLAIMER AND LIABILITIES
  1. The Client indemnifies Drivio against any steps, including any fine or penalty, being taken against it or Drivio by any third party, including any Government, quasi-Government, or regulatory authority, to prevent the use of any Products, Equipment, Vouchers or otherwise as a direct or indirect result of Drivio rendering the Services and/or providing the Products or Equipment, owing to their failure to comply with any and all rules, regulations and laws applicable.
  2. Drivio does not give any warranty to the Client with respect to Services rendered and/or the condition and functionality of the Equipment in terms of this Contract, save as may be expressly provided for elsewhere herein or in any Contract Document that may refer to or incorporate this Contract by reference and all warranties not expressly so given are hereby excluded.
6. LEGAL COSTS
  In the event of an attorney being instructed to collect any overdue amounts owing by the Client or to take legal proceedings for the recovery of any amounts or otherwise arising out of this Contract or the cancellation thereof, the Client shall pay all attorney charges incurred by Drivio and its own Client costs.

PROVISIONS SPECIFIC TO SERVICES
1. NATURE OF THE SERVICES
  The nature and extent of the Services provided by Drivio to the Client shall be set out in the Contract Document.
2. SERVICES
  1. Each Service shall be deemed to be a separate request for Services made from the Client to Drivio.
  2. Whilst every effort will be made by Drivio to provide the Services in accordance with the Contract Document:
    1. Any failure to timeously render or complete a Service, and any failure to obtain the objective of the provision of such Service shall not affect the validity of this Contract ; and
    2. Drivio does not guarantee the timeous provision or completion of the Services on any specific date; and
    3. Drivio shall have the right to cancel this Contract should its fulfilment be rendered impossible, impeded or frustrated by means of a strike, lock out, civil commotion, war, Force Majeure, operation of law, regulations or order(s) made by any statutory or other duly constituted authorities. Drivio shall not be held liable for any damages during these unrests and this does not afford the Client the opportunity to cancel any request for Services as a result of Drivio’s inability to provide such Services timeously.
    4. If any amount due and payable by the Client to Drivio is in arrears, Drivio shall have the right, until such amount has been paid, to suspend Services being rendered under this and/or any other Contract in force between Drivio and the Client.
  3. Services not postponed or cancelled ninety-six (96) hours prior to the Service start time, shall be forfeited to defray the wasted costs of the Service. In the event of an emergency supported by proof, i.e. death, medical certificate, Employers letter, examination timetable stamped and signed by a representative at the learning institute or an accident report by the police will the Service be reinstated. Postponement of the Services requires written notification from both parties to ensure the Service is not forfeited.
  4. Clients’ requesting Drivio’s assistance to secure a booking at the Driver Licence Testing Centre (DLTC), shall not coerce Drivio to accept the Clients’ existing booking. Drivio will make the required booking(s) at the DLTC on behalf of the Client.
  5. Drop-off and Pick-up of clients. These services will only be rendered during off-peak times and when there is no scheduled load shedding. For Pick-up within 5 km of the store, the service starts when the instructor leaves the store and ends when the client is returned to the pick-up point. For clients beyond 5km from the store, the client shall be eligible to compensate Drivio for this service.
  6. Learners and Driving Tests postponed by the Driver Licence Testing Centre, due to its incapacity to perform the test, shall be deemed as no fault of Drivio. The Client shall be liable for the Service fees for a second attempt to perform the test.

ENTIRE CONTRACT
1. This Contract constitutes the entire contract between the parties hereto. No alterations, amendments or variations to this Contract shall be regarded as valid and binding unless reduced to writing and signed by the parties hereto.
2. No relaxation or indulgence shown by any party to the other shall be regarded as a waiver of that party's rights as contained in this contract.

SEVERABILITY
If any provision in these Terms and Conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions shall remain of force and effect.
VALIDITY
The Contract is valid for twelve (12) months from either the date of first payment for the Service(s) or the date of delivery of the first Service, whichever is earlier.