1) PassSmart allows Learner Drivers to find a Driving Instructor and to arrange driving lessons at a price agreeable to both parties. Driving Instructors can create online profiles to market their service.
2) PassSmart and PassSmart.com are trading names of Holiday Extras Limited, whose registered office, and postal address is Newingreen, Hythe, Kent CT21 4JF, company number 01693250 and VAT number 844 2814 25, registered in England and Wales.?PASSSMART is a registered trademark of Holiday Extras Limited.
3) The terms and conditions and the pages on the PassSmart.com website to which the terms refer, constitute a contract that governs the relationship between the User and PassSmart.com. Please check this site frequently as revised terms and conditions will cancel and replace previous terms and conditions.
4) Please read these Terms and Conditions carefully. Registration for PassSmart services implies full and complete acceptance of these Terms and Conditions.
5) PassSmart is accessible via the internet, mobile devices and landline telephones. Some features of are offered free of charge , other services are paid for by Learner Drivers or Driving Instructors
Definitions
6)Learner Driver is anyone looking to appoint a Driving Instructor to teach them, or someone else, to drive a manual or automatic motor car.
Driving Instructor is someone who is registered as an Approved Driving Instructor (ADI) by the Driving Standards Agency (DSA).
Match a Match occurs when a quote from a Driving Instructor has been accepted by a Learner Driver who has passed on their details to the Driving Instructor [and has paid for the lessons].
you or your means the person or persons using this site.
us , our or we, refers to PassSmart.
user a Learner Driver or Driving Instructor that has registered to use the site
Registering
7) To register as a PassSmart user in order either to obtain or give quotes for lessons you must either be an ADI registered Driving Instructor or be a Learner Driver who has either applied for or holds a provisional driving licence.
8) Anyone registering another person warrants that they have that persons permission to do so.
Using the site
9) Users are entirely responsible for their use of the content they post on the site and the consequences of doing so. PassSmart is not and will not be liable for any consequences suffered as a result of a users activity and requires all users to indemnify it against the consequences of any action it may face as a result of their actions.
10) Users acknowledge that they should ensure information is up to date and accurate and that PassSmart may remove any information or content that it considers out of date or otherwise unacceptable and that messages may be automatically deleted after 30 days.
11) We will always try to ensure that the information on our site is up to date and accurate but no warranty or guarantee is offered and it is your responsibility to check all information, especially regarding provisional licences and driving tests.
12) Users will respect the intellectual property rights relating to all content on the site, and will make no unauthorised use of of such property.
13) Users must not post, disseminate, or broadcast in any form whatsoever inaccurate or false information or content or anything that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting violence, political, racist or xenophobic behaviour and, in general any content that is contrary to the purpose of PassSmart.com, current rules and laws in force or acceptable norms and standards.
14) Users must not do, nor permit to be done, anything that enables a user to contact another user directly.
15) Users must not post or in any other way provide links to third party or User websites.
16) The User authorises PassSmart.com to modify, in its absolute discretion, any content in order to conform with the look and feel of the PassSmart.com Services and grants PassSmart a licence to use such content and warrants that the User is entitled to post such material.
Lessons
17) Learner Drivers and Driving Instructors who enter a contract after the acceptance of an offer from a Driving Instructor should carefully confirm all details such as time, date, meeting place, duration, costs, payment and cancellation and other terms and conditions which may apply, documents that must be produced (including but not limited to provisional licence and proof of passing theory test and similar) are correct. We accept no liability whatsoever for any of these matters.
18) It is the responsibility of the Learner Driver to notify the Driving Instructor of anything which may affect their ability or entitlement to undertake driving tuition, for example, but not limited to, any lack, or loss, of a valid provisional driving licence. The consequences of not doing so may result in criminal as well as civil liability.
19) It is the responsibility of the Driving Instructor to check that the Learner Driver has the necessary provisional licence.
20) By using the quote function of the website both the Learner Driver and Driving Instructor agree to honour the price offered and accepted on PassSmart.com.
21)
Termination
22) A user may at any time and without the need to provide any reason end his/her use of PassSmart.com by requesting closure of his/her account in the area of the PassSmart.com website designated for such purposes. Such a request will be deemed effective from the first working day after receipt by PassSmart.com of the request. Such a request will not trigger any reimbursement of any financial obligations.
23) Where a User of PassSmart.com commits a serious breach, PassSmart.com will terminate the Users account without prior notification or warning. Such termination will have the same effects as a termination by the User. The User will be informed by email of the termination or the confirmation of pending termination.
Liability
24) Holiday Extras Ltd will only accept responsibility in circumstances where we owe you a legal duty of care. As we will not be a party to the contract between the Learner Driver and the Driving Instructor we will not be responsible for any matters relating to the lessons, the vehicle, the quality of instruction, the conduct of the Driving Instructor or Learner Driver, the arrangements for the lessons (including payment or refunds) or any other matters outside the provision of the services of this site and then strictly in line with these terms and conditions. Links to third party websites are provided for convenience only but PassSmart accepts no responsibility for the content of such sites.
25) In the event that any action is brought against PassSmart.com due to any actions by the User against the law or against the General Terms and Conditions of use, the User shall assume all responsibility.
Privacy
26) Please see our Privacy Policy for full details of what information we collect from you and how we handle and store all of your information. If you are looking for details on how we use cookies then please see our Cookie Policy.
27) We will use any information you provide to identify you when you contact us and in the administration and provision of services. This will include making contact and other details available to Driving Instructors in connection with the PassSmart.com services.
28) We will contact you by email, phone, text or multimedia messages about products and services offered by us and selected partners, but we will only do this if you have given your permission.
UK Governing law
29) These terms and conditions and any contract of which they form part will be governed by English law and the parties will submit to the exclusive jurisdiction of the English Courts.
