Terms of Service

By using this website ("Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service") with Fifth Gear Motoring - ABN 69 661 073 481.

Terms and Agreements

Below includes

·         Customer System Access Agreement

·         Additional Terms and Conditions for Scheduled Services

Customer System Access Agreement

(Effective from 12:01 PM, 31 March 2025)

These terms and conditions ("Agreement") set out the guidelines between you ("the user") and Fifth Gear Motoring Pty Ltd ("the Company"), ABN 69 661 073 481, located at Unit 16/169 Newcastle St, Fyshwick 2609. By registering for an online account, you acknowledge and agree to comply with this Agreement. The Agreement is effective from the date of account creation or first use and remains in effect until it is officially terminated.

Your engagement with the Company is governed by this Agreement, and all interactions you have with service providers are solely between you and them. The Company acts as a digital platform to facilitate these interactions, with service providers operating independently and using the Company’s administrative resources.

By agreeing to this Agreement, you are granted access to the Company’s systems for scheduling services, making purchases, and managing bookings with selected service providers. The Company is not responsible for the conduct, omissions, or actions of any service provider. Any loss, injury, damage, or inconvenience whether physical, emotional, or financial related to a scheduled service is not the Company’s responsibility.

By using the Company's systems, you agree to:

• Use the platform to explore service options, choose a provider, and arrange bookings, whether online, by phone, or through customer support.
• Acknowledge that service offerings may change, be modified, or be discontinued at any time without prior notice.
• Ensure full payment is made at the time of booking and confirm that you have the authority to use the chosen payment method.
• Verify that you hold any necessary licences or permits required to undertake the scheduled service.
• Use the Company’s digital services as intended, recognising that it operates as an administrative platform only.
• Keep personal account details accurate and up to date.
• Understand that when a service is purchased, a credit ("Voucher") of equivalent value will be stored in your account, which can be applied to bookings with your chosen provider. Refunds are subject to refund terms and conditions.
• Recognise that the Company or service provider’s liability in cases of breach is limited to either re-providing the service or refunding the applicable amount in accordance with cancellation policies.
• Permit the Company to utilise funds allocated to Vouchers or scheduled services while they remain in your account.
• Acknowledge that Vouchers for discounted services expire 12 months after purchase.
• Acknowledge that Vouchers for full-priced services expire 24 months after purchase.
• Understand that upon expiry, credits will be forfeited to the Company.
• Accept that refunding unused credits incurs an administration fee of $20 for the first refund and $10 for each additional refund.
• Agree that third-party payment processing fees, including surcharges, are non-refundable.

Accept that this Agreement may be terminated if:

• a. You breach its terms,
• b. You are legally unable to undertake the booked service,
• c. You complete your service and deactivate your account,
• d. The Company deems termination necessary.

Agree that a service provider’s personal information is solely for service completion and record-keeping purposes.

Indemnify and hold the Company harmless from any claims, damages, or legal actions arising from your conduct or negligence.

Indemnify and hold the service provider harmless from any claims, damages, or legal actions arising from your conduct or negligence.

Recognise that neither party is liable for obligations unfulfilled due to circumstances beyond reasonable control (e.g., natural disasters, strikes, pandemics, war).

Require the affected party in a Force Majeure Event to take reasonable steps to mitigate impacts and notify the other party within five (5) days.

Understand that a failure or delay by the Company in enforcing any right does not constitute a waiver of those rights.

Agree not to assign, lease, or transfer this Agreement without written consent from the Company.

Accept that the Company may update the Agreement at any time, with continued use of the system constituting acceptance of any changes.

Agree to receive official communications through email, SMS, websites, or other electronic means as determined by the Company.

Acknowledge that this Agreement constitutes the entire understanding between the parties and overrides any previous agreements, whether written or verbal.

By continuing to use the Company's services, you confirm that you have read, understood, and agreed to these terms and conditions.

Additional Terms and Conditions for Scheduled Services

 

Updated Terms & Conditions

The company reserves the right to update these terms at any time. Updates will be published on the website and will replace previous versions.

Currency & GST

All prices are in Australian Dollars (AUD) and include GST where applicable.

Account Balances

You may request a refund of unused credits, subject to a 10-business-day processing period for a full account audit. Refunds are issued via the original payment method. If your service was funded by an organisation, you are not personally entitled to a refund. Refunds may be subject to fees as per the customer agreement.

Password Security

You must maintain the security of your login credentials and not share them with anyone. The company is not liable for unauthorised access. Passwords can be reset via two-factor authentication if required.

Individual Scheduled Services

All one-on-one driving lessons require a minimum of 24 hours’ notice for cancellation or rescheduling. To cancel or reschedule, use your online account, which is accessible 24/7 via the website linked to your account.

Cancellations via phone, email, SMS, or voicemail are only processed on the next business day. If this falls within 24 hours of your lesson, you will forfeit the session. To avoid forfeiting your lesson, always cancel or reschedule at least 24 hours in advance through your online account. You may reschedule cancelled lessons as often as necessary, provided the 24-hour notice period is met.

Grouped Scheduled Services

For group courses (sessions with multiple students), a minimum of 72 hours’ notice is required for cancellations or rescheduling. Use your online account to cancel, available 24/7.

Cancellations via phone, email, SMS, or voicemail are processed on the next business day. If this occurs within 24 hours of the course, you will forfeit your fee. To avoid this, cancel or reschedule with at least 72 hours’ notice via your online account. Group courses may be rescheduled as often as needed, as long as the 72-hour notice requirement is met.

Payment

All services, gift vouchers, packages, or products must be paid in full at the time of booking. Payment can be made via account credit, vouchers, or credit cards. Different payment methods may incur different fees. Any applicable surcharges are non-refundable.

Booking Confirmation

Your booking is confirmed at the time of scheduling. Any follow-up communication (emails, SMS, etc.) is for courtesy purposes only.

Incorrect Suburb Selection

When booking a lesson, ensure your suburb selection is accurate. If an incorrect suburb is entered, and your provider does not service your area, your lesson may be forfeited.

Social Media Authority

By using the website and maintaining an active account, you authorise the company to use images, quotes, testimonials, or other media on related social media platforms. No financial inducement or future compensation is provided. Only first names will be used where possible.

You can withdraw this authority at any time by contacting the company or by choosing not to provide images, testimonials, or related media. If you are under 18, this authority must be granted by a legally authorised adult.

Additional Fees

A fee of $88 Inc GST per hour may apply for extraordinary administrative costs, with a minimum charge of one hour. Additional time is charged in 15-minute increments.

Recording of Communications

All communications, including emails, SMS, voicemails, and phone calls, may be recorded and stored indefinitely for customer service improvement.

Promotional Services

Promotional vouchers provided by the company are valid for a single service and have no financial value. They cannot be redeemed for cash, transferred, or cancelled. Promotional vouchers expire one month from the issue date.

Dispute Resolution

If you are dissatisfied with a service, you must formally raise your concern in writing. Our customer service team is not authorised to issue refunds or resolve disputes directly. Submit disputes via email to [email protected], including:

• Your name, email, and phone number
• Student name, suburb, and client number or email
• Details of the issue (date, time, etc.)
• The resolution you are seeking

Limitation of Liability

These terms do not exclude any statutory rights under Australian law. Except where prohibited by law or due to negligence, our liability for any loss, damage, or liability (including to third parties).

You agree to indemnify the company against any loss, damage, or liability arising from:

• Your breach of these terms
• Use of your property for the service

This clause remains in effect even after termination of the agreement.

No Warranties

For driving-related services:

• A service provider may recommend a government driving test, but we do not guarantee a pass.
• No warranty is provided regarding test outcomes in any state or territory.

Applicable Law

This agreement is governed by the laws of the Australian Capital Territory.

Code of Conduct

When participating in a driving service, you agree to:

• Arrive on time or notify the provider in advance
• Be capable of safely controlling the vehicle
• Hold a valid learner’s permit or overseas equivalent. Overseas licences are subject to conditions that are set out by state law.
• Ensure your vehicle is registered, roadworthy, and insured (if using your own car)
• Wear appropriate footwear (no bare feet, high heels, or unsafe footwear)
• Keep mobile phones switched off during the lesson
• Follow all road rules and any licence restrictions
• Behave appropriately and treat the provider with respect
• Not allow unauthorised passengers in the vehicle
• Be in a fit condition to drive (not under the influence of alcohol, drugs, or fatigue)

Failure to adhere to the Code of Conduct may result in cancellation of your lesson, and fees may be forfeited.

 

Modifications to Services and Prices

• Fifth Gear Motoring reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services are subject to change with or without notice.
• Fifth Gear Motoring shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.