Terms and Conditions

DRIVE WITH US

ABN: 23 803 781 283

Trading as: DRIVE WITH US

Last Updated: 16th March 2026

    1. Definitions and Interpretations

      1. Definitions

        Agreement means the agreement between the Supplier and the Customer for the provision of Services and incorporates these Terms.

        Booking means a reservation for Services made through the Supplier's website, booking platform, telephone, email or other method authorised by the Supplier.

        Customer means the person who makes a Booking and includes any person who participates in the Services, each of whom is jointly and severally bound by these Terms.

        Instructor means a licensed driving instructor engaged by the Supplier to provide the Services.

        Price means the amount payable by the Customer to the Supplier for a Booking, as notified to the Customer at the time the Booking is made or otherwise published by the Supplier from time to time, exclusive of GST.

        Services means the provision of driving lessons, driver training, driving test preparation and related instruction services.

        Supplier means Tanya Leonard ABN 23 803 781 283 trading as Drive With Us.

        Terms means these Terms and Conditions.

      2. Interpretations

        In these terms of trade, unless the context otherwise requires:

        1. a reference to writing includes email and other communication established through the Supplier's website (if any);
        2. the singular includes the plural and vice versa;
        3. a reference to a clause or paragraph is a reference to a clause or paragraph of these Terms;
        4. a reference to a party to these terms of trade or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns;
        5. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
        6. headings are for ease of reference only and do not affect the meaning or interpretation of these terms of trade; and
        7. if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
          1. if it involves a payment other than a payment which is due on demand must be done on the preceding Business Day; and
          2. in all other cases, must be done on the next Business Day.

    1. General

      1. These Terms apply to all Services provided by the Supplier.
      2. By making a Booking, the Customer acknowledges that they have read and agreed to be bound by these Terms.
      3. These Terms prevail over any inconsistent terms proposed by the Customer unless expressly agreed in writing by the Supplier.

    1. Bookings

      1. Bookings may be made through the Supplier's booking platform, website, telephone, email or other method authorised by the Supplier.
      2. All Bookings are subject to availability.
      3. A Booking is not confirmed until payment has been received or otherwise authorised by the Supplier.
      4. The Supplier reserves the right to refuse or cancel a Booking where:
        1. the requested time is unavailable;
        2. payment for the Booking has not been received or authorised;
        3. the Customer has previously breached these Terms; or
        4. circumstances arise beyond the Supplier's reasonable control.
      5. Where the Supplier cancels or reschedules a Booking, the Supplier will use reasonable endeavours to notify the Customer as soon as practicable and may, at its discretion:
        1. reschedule the Booking; or
        2. refund any part of the Price paid in respect of that Booking.

    1. Lesson Timing and Location

      1. Lessons will commence and conclude at the times specified in the relevant Booking.
      2. If the Customer arrives late, the lesson will nevertheless conclude at the originally scheduled time and the Price paid will not be reduced and no refund, credit, set-off or extension of time will be provided.
      3. The location for commencement and completion of the lesson will be as agreed at the time of the Booking.
      4. The Supplier may vary the lesson location where reasonably required due to traffic conditions, safety considerations or operational requirements.

    1. Price and Payment

      1. The Price for the Services will be the price notified at the time of Booking.
      2. Unless otherwise agreed in writing, payment must be made at the time the Booking is made.
      3. The Supplier may accept payment by credit card, debit card, electronic transfer or other payment methods determined by the Supplier.
      4. The Supplier may suspend or refuse to provide Services if payment has not been received.
      5. Unless otherwise stated, all Prices and any other amounts payable under this Agreement are exclusive of Goods and Services Tax ("GST"). If GST is payable, the Customer must pay to the Supplier an additional amount equal to the GST payable at the same time as the Price.
      6. In addition, the Supplier may charge additional fees where reasonably incurred as a result of:
        1. late cancellation or rescheduling of a Booking;
        2. failure of the Customer to attend a scheduled lesson;
        3. additional Services requested by the Customer; or
        4. delays caused by the Customer.
      7. The Supplier may, at its discretion, vary the Price at any time to reflect increases in operating costs, including (without limitation) fuel price increases, labour costs, insurance premiums, vehicle running and maintenance costs or other expenses associated with delivering the Services. The Supplier will provide reasonable notice of any such change. Where a Customer has purchased a Lesson Package or prepaid Services, the Supplier may apply a reasonable surcharge to remaining lessons or adjust the number or duration of lessons to reflect the increased costs.

    1. Cancellation and Rescheduling

      1. The Customer may cancel or reschedule a Booking by providing at least 24 hours' notice prior to the scheduled lesson time.
      2. Where less than twenty-four (24) hours' notice is provided, the Supplier may treat the Booking as cancelled and the Price paid for the Booking will be forfeited.
      3. Failure to attend a scheduled lesson will be treated as a no-show, and the Price will not be refunded or credited.
      4. The Supplier may cancel or reschedule a lesson where necessary due to:
        1. instructor illness or unavailability;
        2. vehicle breakdown or mechanical issues;
        3. unsafe weather or road conditions;
        4. safety concerns; or
        5. circumstances beyond the Supplier's reasonable control.
      5. Where the Supplier cancels or reschedules a Booking under this clause, the Supplier may, at its discretion:
        1. reschedule the lesson; or
        2. apply the Price as credit toward a future Booking.

    1. Lesson Packages

      1. Where the Supplier offers packages consisting of multiple driving lessons ("Lesson Package"), the total Price payable for the Lesson Package will be the amount notified at the time of purchase.
      2. Unless otherwise stated in writing by the Supplier, Lesson Packages:
        1. must be used within twelve (12) months from the date of purchase; and
        2. will expire automatically after that period.
      3. Any unused lessons remaining after expiry of a Lesson Package will be forfeited and will not be refundable or redeemable for cash.
      4. Lesson Packages are non-transferable unless the Supplier agrees otherwise in writing.
      5. Where a Lesson Package has been partially used and the Customer seeks a refund, the Supplier may deduct the full standard Price for each lesson already used before calculating any refund payable.

    1. Promotional Offers and Gift Vouchers

      1. From time to time the Supplier may offer promotions, discounts or gift vouchers.
      2. Gift vouchers:
        1. must be redeemed within the expiry date stated on the voucher;
        2. are non-refundable; and
        3. cannot be redeemed for cash.
      3. Promotional offers may be withdrawn or varied by the Supplier at any time.

    1. Customer Obligations and Warranties

      1. The Customer warrants that:
        1. they hold a valid learner permit or driver licence required by law;
        2. they will carry their learner permit or driver licence during each lesson and produce it to the Instructor upon request;
        3. they are legally permitted to operate a motor vehicle and are not disqualified, suspended or otherwise restricted from driving;
        4. they are medically and physically fit to operate a motor vehicle;
        5. they are not affected by any illness, medical condition, medication, alcohol or drugs that may impair driving ability;
        6. they will comply with all applicable road laws and traffic regulations;
        7. they will follow all lawful instructions given by the Instructor;
        8. they will conduct themselves in a safe and responsible manner during the Services.

    1. Compliance with South Australian Law

      1. The Customer must comply with all applicable laws including:
        1. Motor Vehicles Act 1959 (SA)
        2. Road Traffic Act 1961 (SA)
        3. Road Traffic (Drivers Licensing) Regulations 2019 (SA)
        4. any other applicable road safety laws.
      2. The Customer acknowledges that they are responsible for complying with any licence conditions that apply to them under the laws referred to in clause 10.1.
      3. The Supplier and Instructor may refuse to commence or continue a lesson if the Customer fails to comply with any applicable law or licence condition.

    1. Instructor Authority

      1. The Instructor has full authority regarding the conduct of the lesson and the safe operation of the vehicle during the provision of the Services.
      2. The Customer must comply with all lawful directions given by the Instructor.
      3. The Instructor may suspend or terminate a lesson immediately if the Customer:
        1. fails to follow instructions;
        2. behaves dangerously or irresponsibly;
        3. appears impaired by alcohol, drugs or medication; or
        4. otherwise poses a safety risk.
      4. If a lesson is suspended or terminated under this clause, the Supplier or Instructor may immediately end the lesson without liability and the Price paid for the relevant Booking may be forfeited. The Customer will not be entitled to any refund, credit, set-off or rescheduling of that Booking.

    1. Risk Acknowledgement and Assumption of Responsibility

      1. The Customer expressly acknowledges and agrees that learning to operate a motor vehicle involves inherent risks, including the risk of collision, property damage, personal injury or death to the Customer, the Instructor or other road users.
      2. The Customer voluntarily accepts and assumes all risks associated with participating in the Services and operating a motor vehicle during a lesson.
      3. The Customer acknowledges that they remain the person in control of the motor vehicle and are responsible for their driving conduct, decisions and actions while driving.
      4. The Customer acknowledges that the Instructor may provide directions, supervision or physical intervention (including the use of dual controls or other safety systems) for safety purposes, however such intervention does not transfer responsibility for the operation of the vehicle from the Customer to the Instructor.
      5. The Customer acknowledges that the Supplier provides the Services in reliance on the acknowledgements and assumptions of risk given in this clause.

    1. Vehicle Damage and Traffic Offences

      1. The Customer acknowledges and agrees that while participating in the Services they are the person operating the motor vehicle and remain responsible for their driving conduct, decisions and actions while driving. The Customer is responsible for any traffic infringement, fine or penalty incurred while operating a vehicle during the Services.
      2. The Supplier maintains insurance for vehicles used in the Services. However the Customer may be liable for the applicable insurance excess where damage occurs as a result of the Customer's negligent, reckless or unlawful conduct.
      3. If insurance does not cover the full cost of the damage, the Customer may be liable for reasonable repair or replacement costs.
      4. Any insurance excess or recoverable costs must be paid within seven (7) days of written demand.

    1. Insurance Excess Limitation

      1. Vehicles used in the provision of the Services are insured by the Supplier.
      2. The Customer acknowledges that such insurance policies may include an insurance excess payable in the event of an accident or damage to the vehicle.
      3. Where damage to a vehicle occurs as a result of the Customer's negligent, reckless or unlawful conduct, the Customer may be liable to pay the applicable insurance excess.
      4. The Customer's liability under clause 14.3 will not exceed the amount of the insurance excess applicable under the Supplier's insurance policy at the time of the incident.
      5. The Supplier will notify the Customer in writing of the applicable insurance excess amount if a claim arises.
      6. Any insurance excess payable must be paid within seven (7) days of written demand.

    1. Indemnity

      1. The Customer indemnifies and must keep indemnified the Supplier and the Instructor against any loss, liability, damage, cost or expense (including legal costs on a full indemnity basis) suffered or incurred by the Supplier or the Instructor arising out of or in connection with:
        1. any breach of these Terms by the Customer;
        2. the Customer's negligent, reckless or unlawful conduct while driving;
        3. damage caused to any vehicle, property or infrastructure;
        4. any act or omission of the Customer that causes or contributes to personal injury, illness or death to any person, including the Instructor or any third party;
        5. any claim, demand, action or proceeding brought by a third party arising out of or in connection with the Customer's operation of a motor vehicle during the Services; or
        6. any traffic infringement, penalty or offence committed by the Customer.
      2. This indemnity is a continuing obligation and survives the completion of the Services, termination of this Agreement and the cancellation of any Booking.
      3. The Supplier may recover any amount payable under this clause as a debt due and payable.
      4. The indemnity in this clause applies regardless of whether the loss, damage or claim arises during or after the provision of the Services and survives termination of this Agreement.

    1. Vehicle Condition and Cleanliness

      1. The Customer must take reasonable care of any vehicle used during the provision of the Services.
      2. The Customer must not:
        1. smoke in the vehicle;
        2. consume alcohol or prohibited substances; or
        3. intentionally damage or misuse the vehicle.
      3. Where the vehicle requires cleaning, repair or deodorising as a result of the Customer's conduct (including vomiting, spillage, smoking or other contamination), the Supplier may charge the Customer the reasonable cost of cleaning or repair.

    1. Mobile Phones and Driver Distractions

      1. While operating a motor vehicle during the provision of the Services, the Customer must not:
        1. use a mobile phone or other electronic device in a manner prohibited by law; or
        2. engage in any behaviour that may distract the Customer from safely operating the vehicle.
      2. The Customer must comply with all lawful directions of the Instructor regarding the use of electronic devices during lessons.

    1. Behaviour and Conduct

      1. The Customer must behave in a respectful and appropriate manner towards the Instructor at all times.
      2. The Supplier operates a zero tolerance policy in relation to:
        1. abusive or threatening behaviour;
        2. harassment or discrimination; or
        3. unsafe conduct during lessons.
      3. The Instructor may terminate a lesson immediately if such conduct occurs and the Price for that Booking may be forfeited.

    1. Parent or Guardian Consent (Minors)

      1. Where the Customer is under eighteen (18) years of age, a parent or legal guardian must consent to the Customer participating in the Services.
      2. The parent or guardian:
        1. agrees to be bound by these Terms;
        2. accepts responsibility for payment of the Price; and
        3. agrees to indemnify the Supplier in accordance with clause 15.
      3. The Supplier may require written consent from the parent or guardian before providing Services to a minor.

    1. Health and Safety

      1. The Customer must immediately notify the Supplier or Instructor if they:
        1. suffer from any medical condition that may affect their ability to drive safely;
        2. are taking medication that may impair driving ability; or
        3. experience illness or fatigue that may affect driving performance.
      2. The Instructor may refuse to commence or continue a lesson if the Instructor reasonably believes that the Customer's physical or mental condition may present a safety risk.

    1. Additional Costs Caused by the Customer

      1. The Customer is responsible for any reasonable costs incurred by the Supplier arising from the Customer's conduct, including but not limited to:
        1. towing costs;
        2. vehicle recovery costs;
        3. cleaning costs;
        4. insurance excess; or
        5. damage repair costs not covered by insurance.
      2. Any such costs will be payable within seven (7) days of written demand.

    1. Vehicle Safety Systems

      1. Vehicles used by the Supplier may be fitted with dual controls or other safety systems.
      2. The Customer acknowledges that the Instructor may use these safety systems where reasonably necessary to prevent an accident or unsafe driving situation.
      3. The use of safety systems does not transfer responsibility for driving from the Customer to the Instructor.

    1. Driving Test Services

      1. The Supplier may provide services in connection with the Customer undertaking a government driving test, including the use of the Supplier's vehicle ("Test Services").
      2. Where Test Services are booked, the Customer must ensure they:
        1. hold a valid learner permit or driver licence;
        2. meet all legal eligibility requirements for the relevant driving test; and
        3. attend the relevant testing authority at the scheduled time.
      3. The Supplier is not responsible for the outcome of any driving test undertaken by the Customer.
      4. Where the Customer fails to attend a scheduled driving test appointment or is refused the test by the relevant testing authority due to the Customer's ineligibility or failure to produce required documentation:
        1. the Booking will be treated as cancelled by the Customer; and
        2. the Price paid for the Test Services may be forfeited.
      5. If the Supplier's vehicle is booked for a driving test and the Customer cancels the Booking with less than 48 hours' notice, the Supplier may charge the full Price for the relevant Booking.

    1. Instructor Substitution

      1. The Supplier may, where reasonably necessary due to operational requirements, substitute or replace an instructor anytime without notice or consent from the Customer.
      2. Where reasonably practicable, the Supplier will notify the Customer of any change of Instructor prior to the scheduled lesson.
      3. The substitution of an Instructor does not constitute cancellation of the Booking.

    1. Mobile Communications During Lessons

      1. The Instructor may use mobile communication devices where reasonably necessary for:
        1. navigation;
        2. receiving operational communications; or
        3. emergency purposes.
      2. The Instructor will ensure that any use of such devices complies with applicable road laws.

    1. Recording Devices, Telematics and Use of Recordings

      1. Vehicles used in the provision of the Services may be fitted with dash cameras, audio recording devices, telematics systems, GPS tracking or other recording or monitoring equipment for safety, training, insurance and operational purposes.
      2. The Customer acknowledges and consents to the collection and recording of video, audio, location data, vehicle telemetry data and driving behaviour data during the provision of the Services.
      3. The Supplier may collect, store, access and use recordings or data obtained from such devices for purposes including:
        1. safety monitoring and driver training;
        2. investigation of incidents, accidents or complaints;
        3. insurance claims or risk management;
        4. legal proceedings or regulatory compliance;
        5. improving driver instruction and training methods; and
        6. internal training or quality assurance purposes.
      4. Subject to applicable privacy laws, the Supplier may also use recordings, images or footage obtained during the provision of the Services for training, educational or promotional purposes.
      5. The Supplier will not publish any recording that clearly identifies the Customer for promotional purposes without obtaining the Customer's prior consent unless such publication is permitted by law.
      6. Recordings or data collected under this clause may be disclosed to insurers, legal advisers, law enforcement agencies, regulatory authorities or other relevant parties where reasonably necessary in connection with an accident, complaint, investigation, claim or legal proceeding.
      7. All recordings and data collected under this clause remain the property of the Supplier and will be handled in accordance with the Supplier's Privacy Policy and applicable privacy legislation.

    1. Electronic Communications

      1. The Customer agrees that the Supplier may communicate with the Customer electronically for the purposes of administering Bookings and providing Services.
      2. Electronic communications may include:
        1. booking confirmations;
        2. reminders;
        3. invoices and receipts; and
        4. updates relating to Bookings.

    1. Assignment

      1. The Supplier may, at its discretion and without the Customer's consent, assign, transfer, novate or subcontract its rights or obligations under this Agreement (including in respect of any Booking or lesson).
      2. The Customer must not assign, transfer or otherwise deal with its rights or obligations under this Agreement without the prior written consent of the Supplier.

    1. Intellectual Property

      1. All intellectual property rights in the Supplier's website, branding, materials, documents, videos, lesson resources, recordings and other content provided in connection with the Services remain the property of the Supplier or its licensors. The Customer must not copy, reproduce, publish, adapt, distribute or otherwise use any such material for any commercial purpose without the Supplier's prior written consent.

    1. Limitation of Liability

      1. To the maximum extent permitted by law, the Supplier will not be liable for any indirect, consequential, incidental or economic loss arising out of or in connection with the provision of the Services, including any loss of opportunity, loss of income, loss of profits or other financial loss suffered by the Customer.
      2. Nothing in these Terms excludes, restricts or modifies any rights or remedies that the Customer may have under the Competition and Consumer Act 2010 (Cth) or any other applicable law which cannot lawfully be excluded.
      3. To the maximum extent permitted by law, the Supplier's total liability arising out of or in connection with the Services is limited, at the Supplier's option, to either:
        1. re-supplying the Services; or
        2. refunding of the Price paid for the relevant Booking,

        with the Supplier's total liability arising out of or in connection with the Services will not exceed the Price paid by the Customer for the relevant Booking.

      4. The Customer acknowledges that the Supplier provides the Services in reliance on the warranties, acknowledgements and assumptions of risk given by the Customer under these Terms.

    1. Force Majeure

      1. If circumstances beyond the Supplier's control prevent or hinder its provision of the Services, the Supplier is free from any obligation to provide the Services while those circumstances continue. The Supplier may elect to terminate the Agreement or keep the Agreement on foot until such circumstances have ceased.
      2. Circumstances beyond the Supplier's control include, but are not limited to, instructor illness or unavailability, vehicle breakdown or mechanical failure, unsafe weather or road conditions, traffic disruptions or road closures, accidents, natural disasters, fire, flood, strikes, lockouts, riots, war, acts of God, epidemic or pandemic, government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems ("Force Majeure Event").
      3. If the Supplier is unable to fulfill their obligations under the Agreement occasioned by any Force Majeure Event, the Supplier may terminate the Agreement upon providing fourteen (14) days written notice.
      4. The Supplier shall not be liable to the Customer for any loss caused by any failure to observe the terms and conditions of any Agreement where such failure is occasioned by any Force Majeure Event.

    1. Termination

      1. The Supplier may suspend or terminate the provision of the Services immediately where the Customer:
        1. breaches these Terms;
        2. fails to comply with the Instructor's directions;
        3. behaves in a manner that poses a risk to safety;
        4. fails to make payment when required; or
        5. fails to produce a valid learner permit or driver licence when requested by the Instructor prior to or during the provision of the Services.
      2. Where the Services are suspended or terminated under this clause, the Supplier may cancel the relevant Booking and the Price paid for that Booking may be forfeited.
      3. The Supplier may terminate this Agreement, or any Booking, at any time for convenience by giving not less than fourteen (14) days' written notice to the Customer. In that event, the Supplier may, at its discretion, refund, credit or adjust any unused portion of the Price.

  1. Miscellaneous

    1. Jurisdiction

      These Terms are governed by the laws of the state or territory where the Supplier's registered office is situated and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that state or territory.

    2. Whole Agreement

      These Terms and any Booking or changes to Bookings agreed to in writing by the Supplier represent the whole agreement between the parties relating to the subject matter of these terms.

    3. Prior Representation

      These Terms supersede all oral and written negotiations and communications by and on behalf of either of the parties.

    4. Delay

      A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.

    5. Notice

      1. A notice or other communication required or permitted to be given by one party to another must be in writing and delivered to that party or that party's legal practitioner in one of the following ways:
        1. delivered personally; or
        2. posted by pre-paid mail to their address specified in the relevant Quote or Agreement (or as varied pursuant to this paragraph) when it will be treated as having been received on the second business day after posting; or
        3. sent by email to their email address, when it will be treated as received when it enters the recipient's information system.
      2. A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.

    6. Severance

      Any Agreement entered into by the parties shall, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:

      1. that provision shall, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
      2. if the provision or part of it cannot be effectively read down, that provision or part of it shall be deemed to be void and severable and the remaining provisions of the Agreement shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability; and
      3. to the extent permitted by law, the parties must act in good faith to reach agreement as to a replacement valid and enforceable provision.

    7. Counterparts

      Any Agreement entered into by the parties may be signed or executed by any number of counterparts (including via facsimile and email) each of which will be an original but such counterparts taken together constitute one and the same instrument and the date of the Agreement will be the date on which it is executed by the last party.

    8. Relationship of the parties

      1. The parties acknowledge that nothing contained or implied in an Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
      2. The Agreement between the parties is intended as a contract of service and not any other relationship and, in particular, not the relationship of employer and employee, principal and agent or the relationship of partnership.

    9. Amended Terms

      The Customer agrees that the Supplier may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for the Supplier to provide Goods or Services to the Customer.

    10. Privacy Consent

      By making a Booking, placing an order or otherwise using the Services, the Customer acknowledges that the Supplier's Privacy Policy and Website Terms and Conditions are available on the Supplier's website. The Customer agrees that those documents apply to the Customer's use of the Supplier's website and to the Supplier's collection, use and disclosure of personal information. The Customer is taken to have read and accepted the Supplier's Privacy Policy and Website Terms and Conditions as published on the Supplier's website and as amended from time to time.