AUSTIN’S SCHOOL OF MOTORING Pupil Terms and Conditions
We reserve the right to change these Terms from time to time. Any changes to these terms will take effect immediately and shall be notified to you.
Your Instructor and AUSTIN’S SCHOOL OF MOTORING
Your instructor is a self-employed franchisee (“Your Instructor”) of Austin’s School of Motoring LLP trading as “AUSTIN’S SCHOOL OF MOTORING” (“AUSTIN’S SCHOOL OF MOTORING or ASoM”, “We”, “Us”, “our”).
Austin’s School of Motoring LLP acts as agent for Your Instructor in receiving Your online payments for driving tuition other than payments made directly by You to Your Instructor. Where AUSTIN’S SCHOOL OF MOTORING and “YOUR INSTRUCTOR” makes bookings with, or supplies any information or documentation to You, or processes any payments for Your lessons, they act as the agent of Your Instructor. The contract for driving tuition is solely between you (“You”) and Your Instructor.
Tuition is only available to persons who meet the following criteria:
AUSTIN’S SCHOOL OF MOTORING does not monitor or screen the content of information posted or received by you however, AUSTIN’S SCHOOL OF MOTORING reserves the right to suspend, block or remove any user content at any time, for any reason (including, but not limited to, receipt of third-party claims or allegations relating to such content or breach of this Agreement by you).
You must only use any ASoM approved channel when it is legal and safe to do so in accordance with all relevant traffic and highway laws, rules and codes.
You must ensure that any use of any ASoM approved channel only occurs when the vehicle you are in is stationery, with the engine switched off and parked in a safe place and you agree not to use a handheld device in contravention of the law or the Highway Code or other official safety recommendations.
Any ASoM approved channel may be used only for authorised purposes by users who have agreed to this Agreement. You must not corrupt, falsify or distort any content on any ASoM approved channel.
You are responsible for maintaining the confidentiality of login details associated with your use of any ASoM approved channel and shall take all reasonable steps to keep this information confidential.
Any personal data provided to us in connection with any ASoM approved channel is done so in accordance with our privacy notice.
If you give us information about another person, in doing so you confirm that they have authorised you to provide it to us and they consent to us processing their personal data (including any sensitive personal data) having been made aware of who we are and what we will use their data for, as set out in this notice. We reserve the right to request confirmation or to otherwise verify that you have such authorisation.
All rights, title and interest in the information recorded and entered into any ASoM approved channel is the property of AUSTIN’S SCHOOL OF MOTORING which acts as Data Controller.
All data and content added by you to any ASoM approved channel shall remain on your device until deleted by you.
We will use reasonable efforts to make any ASoM approved channel available at all times, however we make no guarantees and You acknowledge that any ASoM approved channel is made available over the mobile networks, the quality and availability of which may be outside of our control.
We cannot accept any responsibility whatsoever for the unavailability of any ASoM approved channel, or any difficulty or inability to access content. Any ASoM approved channel is provided “As is” without warranties, condition or representations of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement compatibility, security and accuracy.
AUSTIN’S SCHOOL OF MOTORING disclaims liability in connection with any technical problems you may experience whilst using any ASoM approved channel that may result in interruptions to the service provided by any ASoM approved channel.
Any ASoM approved channel shall become inactive after 60 days if not accessed and used. If you continue to use the telematics function of any ASoM approved channel after completion of your tuition, AUSTIN’S SCHOOL OF MOTORING shall continue to record and store the details of your
Anonymous telematics data shall be used for analytical and statistical purposes.
You will comply with all reasonable guidelines issued by AUSTIN’S SCHOOL OF MOTORING.
Any trademarks, copyright, and other intellectual property rights made available to you belong to AUSTIN’S SCHOOL OF MOTORING or its third party suppliers or licensors and do not belong to you. You will not (or encourage anyone else) in any circumstances to attempt to pass of the data made available on the App as your or their own.
In the event that AUSTIN’S SCHOOL OF MOTORING reasonably believes that you are failing to comply with these terms and conditions it will have the right to suspend your use of their systems + lessons with immediate effect. The suspension may, at AUSTIN’S SCHOOL OF MOTORING’s sole discretion, remain in force until you are able to demonstrate to AUSTIN’S SCHOOL OF MOTORING’s reasonable satisfaction that these terms and conditions have not been and will not be breached by you.
We do not limit its liability to you for death or personal injury arising from its negligence, or for fraud, fraudulent misrepresentation or any other liability that cannot be excluded under Northern Irish law.
We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
These terms and conditions and any dispute, claim or obligation (whether contractual or noncontractual) arising out of or in connection with them, their subject matter or formation shall be governed by Northern Irish law. You agree that the Northern Irish courts shall have exclusive jurisdiction to settle any dispute or claim relating to your use of the App.
Restrictions on the use of any ASoM approved channel
You shall not and shall not authorise any third party to:
1. make copies of any ASoM approved channel; 2. modify, decompile, disassemble, translate into another computer language, create derivative work, access the source code, hack, decrypt, rename files, or otherwise reverse engineer any ASoM approved channel; 3. permit use of any ASoM approved channel by anyone other than Authorised Users; 4. incorporate any portion of any ASoM approved channel into any products which will be sold, licensed or transferred to a third party; 5. distribute, sell, lease, transfer, assign, trade, rent, lend or publish any ASoM approved channel or license, sublicense or cross-license it or any part thereof and/or copies thereof to others or otherwise make available to any third party any of the data made available to you via the App; 6. use any ASoM approved channel to post or otherwise transmit any materials that are harmful, fraudulent, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, pornographic, obscene, libellous, offensive or otherwise objectionable; or that promote discrimination, bigotry, racism, hatred, harassment or harm against an individual or group; or that promote illegal or harmful activities or substances; or that have the effect of harassing or stalking any person, or otherwise offend the acceptable use standards set by the AUSTIN’S SCHOOL OF MOTORING; 7. post or otherwise transmit any content through any ASoM approved channel that would negatively affect the functioning of the system, including without limitation (i) any harmful, disruptive or destructive files or computer programs; or (ii) would impose an unreasonable or disproportionately large load on the system’s infrastructure; 8. use any ASoM approved channel or any part thereof in violation of any law or regulation, or for any purpose other than that as expressly permitted in this Agreement; 9. access, use or copy all or any part of any ASoM approved channel in order to build a product or service which competes with any ASoM approved channel; 10. use any ASoM approved channel in any way that interrupts, impairs or renders any ASoM approved channel less efficient; or 11. access or attempt to access the accounts of others or to penetrate or attempt to penetrate any security measures.
You and Your Instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons.
You must notify Your Instructor of any matters which affect your ability or entitlement to have driving tuition, for example, but not limited to, any lack, or loss, of a valid UK provisional driving licence.
Cancellation of Lessons
If You or Your Instructor wish to cancel a lesson a minimum of 48 hours’ prior notice should be given. If Your Instructor cancels a lesson without giving this minimum period of notice Your Instructor shall rearrange the lesson. Cancellations made by You must be made through the Customer Service Centre or directly between You and Your Instructor. Please note that the CSC is not open on Sundays. Cancellation requests cannot be actioned outside of office hours.
If you do not give at least 48 hours’ notice of cancellation You will be charged for the lesson(s) concerned in full.
In the event of you having booked your driving test, the Driver and Vehicle Agency (DVA) requires you to give three clear working days to cancel your test. This may mean that you may lose your DVA test fee if your instructor says you’re not ready for your test within this three-day notice period.
Payments and Lesson Bookings
You must pay for any tuition at least 48 hours before the start of the lesson. Please note that the CSC is not open on Sundays. Payments cannot be taken outside office hours. You can use one of the following methods of payment:
1. Payment by credit or debit card online at www.austinsschoolofmotoring.com (for initial lesson Purchases only); 2. Payment by credit, or debit card or by validating a AUSTIN’S SCHOOL OF MOTORING voucher or gift card by telephoning the AUSTIN’S SCHOOL OF MOTORING Customer Service Centre on the number provided on our website or other social media channels.
The cost of prepaid tuition is based on the lesson price in force at the time of booking and with the exception of the circumstances set out below, will be honoured for 12 months thereafter irrespective of any price increase that may occur between the date of booking and when the lessons are taken. Any unused lessons remaining after 12 months have elapsed shall have any lesson price increase applied prior to the lessons which shall become payable by You.
Circumstances where, if You have prepaid, You will be either be required to pay an additional amount beyond the cost of Your pre-paid lessons or receive a refund of some of Your prepayments (as applicable):
Short Notice Test Bookings
A “Short Notice Test” is when there is two weeks or less from the date of the first planned lesson to the date of Your booked test.
Special offers and discounts
AUSTIN’S SCHOOL OF MOTORING presents a great range of offers and discounts to new and existing learner pupils on learning to drive and other related products.
AUSTIN’S SCHOOL OF MOTORING reserves the right to introduce (and to withdraw) special offers from time to time. Introductory offers are only available to new learner pupils, cannot be used in conjunction with other offers and are not transferable.
Refund Policy and Warranty
You are entitled to cancel Your prepaid tuition at any time (for the provisions relating to the cancellation of individual lessons please see the “Cancellation of Lessons” above). If You have not taken any lesson(s) at the time of cancellation You will be entitled to a full refund of any amounts paid to AUSTIN’S SCHOOL OF MOTORING, subject to the below.
If You have paid Your Instructor for the tuition You wish to cancel Your Instructor will refund you adhering to the same principles as set out above.
If you have paid using a prepaid gift card or AUSTIN’S SCHOOL OF MOTORING voucher, We will not be able to proceed to any refund after redemption of the card or voucher.
Transferability of Lessons
You cannot sell or transfer lessons which have been purchased in Your name to any other person.
Your lessons are only valid if they are purchased through the channels outlined in the Payments and Lesson Bookings section set out above. If Your lessons have been purchased through another source, please contact us immediately on the number provided on our website. In the event that some or all of Your lessons were not purchased in accordance with the foregoing terms, AUSTIN’S SCHOOL OF MOTORING reserve the right to suspend these lessons in Your account, with immediate effect.
An investigation will then be conducted by the AUSTIN’S SCHOOL OF MOTORING in order to check the validity of the purchase. Where the results of the investigation determine that the lessons are not valid they will not be provided to You and the AUSTIN’S SCHOOL OF MOTORING shall have no liability in these circumstances.
Limitation of Liability
Your Instructor AUSTIN’S SCHOOL OF MOTORING and/or DVA are not liable to You for any loss or damage caused where, and to the extent that:
Nothing in these Terms and Conditions will affect any statutory rights You may have as a consumer.
Your Instructor will carry the appropriate motor insurance, should You be involved in a collision as a learner driver whilst in control of driving the Instructor’s tuition vehicle.
If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please contact the Customer Service Centre on the number provided on our website.
Where the Customer Service Centre is unable to resolve Your complaint to Your satisfaction, You will be entitled to refer the matter to Our Escalations Team who will use all reasonable endeavours to resolve your complaint within five working days.
Your contract is between You and Your Instructor.
In the rare event of any problem arising, You should resolve this with Your instructor immediately. We recommend no further lessons are taken until the matter is resolved.
In the unlikely event that You are unable to reach a satisfactory conclusion, We will be happy to investigate further until the matter is resolved. Please note that We will require evidence of any financial transactions and lesson times before We are able to investigate.
Therefore, it is imperative that Your Driver Record (provided to You by Your Instructor) details are kept accurate and up to date. Should You require Us to investigate any matter, please contact Our Special Investigations Team by one of the following methods.
Post: AUSTIN’S SCHOOL OF MOTORING, 7 Albert Drive, Belfast, BT6 9JH.
If You still feel dissatisfied, You may contact the Driver and Vehicle Standards Agency on 0300 200 1122 who may be able to help you further.
Use of Your Personal Data
This privacy notice lets you know what happens to any personal data that you give to Us, or any that We may collect from or about you. It applies to all cases/examples where We collect your personal data.
We are Austin’s School of Motoring LLP. We are a data controller of your personal data.
We will have a dedicated data protection officer (“DPO”). You can contact the DPO by writing to the above address, marking it for the attention of the DPO, or by using the contact details in your welcome documentation or going to the Contact Us section of our website
1. What kinds of personal information about you do we process?
Personal information that we’ll process in connection with all of our products and services, if relevant, includes:
2. What is the source of your personal information?
We’ll collect personal information from the following general sources:
From you directly, and any information from family members, associates or beneficiaries of products and services;
3. What do we use your personal data for?
We use your personal data, including any of the personal data listed in section 1 above, for the following purposes:
4. What are the legal grounds for our processing of your personal information (including when we share it with others)?
We rely on the following legal bases to use your personal data:
1) Where it is needed to provide you with our products or services, such as:
a) Assessing an application for a product or service you hold with us, including consider whether or not to offer you the product, the price, the payment methods available and the conditions to attach; b) Managing products and services you hold with us, or an application for one; c) Updating your records, tracing your whereabouts to contact you about your account and doing this for recovering debt (where appropriate); d) Sharing your personal information with business partners and services providers when you apply for a product to help manage your product; e) All stages and activities relevant to managing the product or service including enquiry, application, administration and management of accounts, illustrations, requests for transfers of equity, setting up/changing/removing guarantors; and f) For some of our profiling and other automated decision making to decide whether to offer you a product and/or service, particular payment method and the price or terms of this.
2) Where it is in our legitimate interests to do so, such as:
a) Managing your products and services relating to that, updating your records, tracing your whereabouts to contact you about your account and doing this for recovering debt (where appropriate); b) To perform, test the performance of, our products, services and internal processes; c) To follow guidance and recommended best practice of government and regulatory bodies; d) For management and audit of our business operations including accounting; e) To carry out searches at Credit Reference Agencies pre-application, at the application stage, and after that. Where you have been introduced to us by a broker or other intermediary they may do these searches on our behalf; f) To carry out monitoring and to keep records of our communications with you and our staff (see below); g) To administer our good governance requirements and those of other members of our Group, such as internal reporting and compliance obligations or administration required for AGM processes; h) For market research and analysis and developing statistics; i) For direct marketing communications and related profiling to help us to offer you relevant products and services, including deciding whether or not to offer you certain products and service. We’ll send marketing to you by SMS, email, phone, post and social media and digital channels (e.g. using Facebook Custom Audiences and Google Custom Match); j) Subject to the appropriate controls, to provide insight and analysis of our customers to business partners either as part of providing products or services, helping us improve products or services, or to assess or to improve the operating of our businesses; k) For some of our profiling and other automated decision making; and l) When we share your personal information with these other people or organisations other than for providing products and services to you, as necessary for running our business or comply with legal or regulatory obligations.
3) To comply with our legal obligations.
4) With your consent or explicit consent:
a) For some direct marketing communications; b) For some of our profiling and other automated decision making; and c) For some of our processing of special categories of personal data such as about your health, if you are a vulnerable customer or some criminal records information.
5) For a public interest, such as:
a) Processing of your special categories of personal data such as about your health, criminal records information (including alleged offences), or if you are a vulnerable customer.
5. When do we share your personal information with other organisations?
We may share information with the following third parties for the purposes listed above:
6. How and when can you withdraw your consent?
Where we’re relying upon your consent to process personal data, you can withdraw this at any time by contacting us using the contact details in your welcome documentation or going to the Contact Us section of our website.
7. Is your personal information transferred outside the UK or the EEA?
We’re based in the UK, but sometimes your personal information may be transferred outside the European Economic Area. If we do so, we’ll make sure that suitable safeguards are in place, for example by using approved contractual agreements, unless certain exceptions apply.
8. How do we share your information with credit reference agencies?
To process your application, we’ll perform credit and identity checks on you with one or more credit reference agencies (CRAs). Where you take insurance, financial or credit from us we may also make periodic searches at CRAs to manage your account with us. To do this, we’ll supply your personal information to CRAs and they will give us information about you. This will include information from your credit application and about your financial situation and financial history. CRAs will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.
We’ll use this information to:
We’ll continue to exchange information about you with CRAs while you have a relationship with us. We’ll also notify the CRAs about your settled accounts. If you borrow and don’t repay in full and on time, CRAs will record the outstanding debt. This information may be given to other organisations by CRAs. The identities of the CRAs, their role as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail on our website.
When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.
If you’re making a joint application, or tell us that you have a spouse or financial associate, we’ll link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging the application. CRAs will also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.
9. How do we share your information with Fraud Prevention Agencies?
This is explained in a separate leaflet available on our website or by using the contact details in your welcome documentation.
10. What should you do if your personal information changes?
You should tell us so that we can update our records. The contact details for this purpose are in your welcome documentation. We’ll then update your records if we can.
11. Do you have to provide your personal information to us?
We’re unable to provide you with our products or services if you do not provide certain information to us. In cases where providing some personal information is optional, we’ll make this clear.
12. Do we do any monitoring involving processing of your personal information?
In this section, monitoring means any: listening to recording of, viewing of, intercepting of, or taking and keeping records (as the case may be) of calls, email, text messages, social media messages, in person face to face meetings and other communications.
We may monitor where permitted by law and we’ll do this where the law requires it, or to comply with regulatory rules, to prevent or detect crime, in the interests of protecting the security of our communications systems and procedures, and for quality control and staff training purposes. This information may be shared for the purposes described above.
13. What about other automated decision making?
We sometimes make decisions about you using only technology, where none of our employees or any other individuals have been involved. For instance, we may do this to: decide whether to offer you a product or service, to determine the risk of doing so, the price we will offer, whether to offer you credit, what terms and condition to offer you, assess lending, insurance and business risks, or to assess what payment methods we can offer you. We may also do this using data from other parts of the business, including product or services details (including usage of them or claims made) and telematics data captured including on your vehicle, driving behaviour and location information.
We’ll do this where it is necessary for entering into or performing the relevant contract, is authorised by laws that apply to us, or is based on your explicit consent.
14. For how long is your personal information retained by us?
15. What are your rights under data protection laws?
Here is a list of the rights that all individuals have under data protection laws. They don’t apply in all circumstances. If you wish to use any of them, we’ll explain at that time if they are engaged or not. The right of data portability is only relevant from May 2018.
You have the right to complain to the Information Commissioner’s Office which enforces data protection laws - https://ico.org.uk/.
You can contact our DPO for more details on all the above.
16. Your right to object
You have the right to object to certain purposes for processing, in particular to data processed for direct marketing purposes and to data processed for certain reasons based on our legitimate interests. You can contact us using the contact details in your welcome documentation to exercise these rights.
17. What are your marketing preferences and what do they mean?
We may use your home address, phone numbers, email address and social media or digital channels (e.g. Facebook, Google and message facilities in other platforms) to contact you according to your marketing preferences. You can stop our marketing at any time by contacting us using the details below or by following the instructions in the communication.
Changes to this privacy notice
We may change this privacy notice from time to time by updating this page in order to reflect changes in the law and/or our privacy practices. We encourage you to check this privacy notice for changes whenever you revisit our website.
If you have any questions about this privacy notice, or if you wish to exercise your rights or contact the DPO, you can use the contact details in your welcome documentation or you can go to the Contact Us section of our website.
“Force Majeure” means an event or sequence of events beyond our reasonable control preventing or delaying us from performing our obligations. We will not be liable if delayed in or prevented from performing our obligations under these Terms and Conditions due to Force Majeure.
A waiver of any rights under these Terms and Conditions or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach.
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