The Terms and Conditions (“Terms“) describe how Alert Driving, 93 Upper Georges Street, Dun Laoghaire, Co. Dublin, Ireland (“Company“, “we” and “our”) regulates your use of this website www.alertdriving.ie (the “Site“). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
TERMS AND CONDITIONS: LEARNING AND DRIVING
- 1. Learners must present for Driving Lesson/Assessment in good health and advise AlertDriving by e mail in advance if they have any medical considerations which may affect their driving or the health and safety of the instructor.
- 2. A driving lesson will not proceed if it is determined that the student is unfit to drive and poses a danger to themselves, the instructor or the public. The student will be charged the full cost of the lesson.
- 3. You must have your valid Learner Permit/Licence with you for each Lesson/Assessment otherwise the instructor will not proceed with the Driving Lesson/Assessment and you will be charged the full cost of the Lesson/Assessment.
- 4. Essential Driver Training [EDT] is only offered as the official Road Safety Authority, Essential Driver Training [EDT] course of 12, one hour sessions or the Reduced programme of 6, one hour sessions. EDT Sessions can not be purchased individually.
- 5. Once issued to you by the instructor, you are responsible for your EDT Logbook and must bring it with you for each EDT lesson. If you loose or misplace your EDT Logbook you will be charged an administration fee to replace/upload to the Road Safety Authority portal.
- 6. All Driving Lessons will be in an AlertDriving school vehicle unless it is agreed in advance with AlertDriving.ie that the Learner wishes to use their own vehicle for the lessons. In such a case all liability in respect of accidents and damage, however caused, shall be covered by the learners insurance. AlertDriving insurance will not extend to the learner driving any vehicle other than AlertDriving vehicles.
- 7. All Driving Lessons/Assessments will start and finish at a local point such as a Dart Station unless otherwise agreed in advance.
- 8. AlertDriving.ie provides driving tuition within the geographical areas outlined in this website.
- 9. If using your own vehicle for a Driving Lesson/Assessment your vehicle must be in a good roadworthy condition, safe to drive and clean. All lights must be correctly working. No dashboard warning lights showing. All tyres should be correctly inflated and must not be below the legal tyre tread depth requirements. All required discs must be valid and displayed. Otherwise the Lesson/Assessment can not proceed and you will be charged the full cost of the Lesson/Assessment.
- 10. AlertDriving reserves the right to record driving lessons for instructor training and safety.
- 11. Please allow for a 15 minute [plus or minus] variation on the agreed start and/or finish time of a scheduled Lesson/Assessment due to traffic or other unpredictable circumstances. Full duration of the Lesson/Assessment will always be given.
- 12. We reserve the right to cancel and rearrange a booked lesson for whatever reason such as but not limited to, weather considerations, traffic delays, vehicle breakdown, flat tyre or any other such development which would make it impossible for the lesson to run to schedule.
- 13. In the event of “An Act of God” AlertDriving.ie shall not be held liable for any loss whatsoever or howsoever incurred by the customer. This refers to any act or event which AlertDriving.ie has no control over and powerless to mitigate against. Under such circumstances, schedules, bookings and implied contractual agreements will be deemed null and void and AlertDriving.ie shall not be liable for any consequential loss incurred by the customer. No refunds will be given but AlertDriving will reschedule when possible and if unable to do so only then will offer a refund.
- 14. At all times we will abide by the Road Safety Authority rules and regulations relating to road safety and the provision of driving instruction
- 15. 48 hours notice is required from the customer to cancel a booked Lesson/Assessment otherwise the full cost of the lesson/Assessment will be charged. Any waiver of this rule is solely at the discretion of AlertDriving.
- 16. If a student fails to show for a driving lesson the full cost of the lesson will be charged.
- 17. If a student is late for a lesson, the lesson will be deemed to have started at the agreed time and any time lost by late arrival will not be made up for by the instructor.
- 18. In the event of a “No Show” by the customer, the instructor will wait for 15 minutes only unless the customer has made contact and advised of a delay.
- 19. No refunds are given to customers, who, for whatever reason, cannot attend the driving course/lessons/EDT they purchased.
- 20. Refunds will only be given if AlertDriving determines that it can not provide/reschedule the service which the customer has paid for. This does not apply to events outside Alert Driving’s control.
- 21. A customer who purchases a driving course/Gift Voucher has a period of seven days to cancel the purchase and will get a refund less an administration fee, provided they have not started the course/lessons within that period. Customers who have started a driving course/lessons, but, for whatever reason, can not continue will not be entitled to any refund for unused hours.
- 22. All Driving Lessons/Courses/Assessments must be paid in advance at time of booking. A booking is not considered confirmed until payment is received.
- 23. Gift Vouchers are valid for 5 years. Gift Vouchers are not refundable or transferable. We charge a monthly maintenance fee of €5.00 per month after the first twelve months if the voucher has not been initiated/used within that timeframe.
- 24.Gift Vouchers can be used for practice lessons, pre-tests or towards any EDT course you are purchasing.
- 25. Notwithstanding the above terms and conditions, AlertDriving.ie will make every effort to remedy any conflict, if possible, which may arise between AlertDriving.ie and a customer.
- 26. Purchasing a driving Course/Lesson/ Pre Test Training/ Gift Voucher implies acceptance of these Terms and Conditions.
- 27. AlertDriving reserves the right to review and/or amend Terms and Conditions without notice.
We accept Credit/Debit Card via PayPal and Bank Transfer.
The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims. We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees without any notification.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
THIRD PARTY SERVICES
The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“). The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.
PROHIBITED USES AND INTELLECTUAL PROPERTY
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.
TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us at: firstname.lastname@example.org.We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority or the Road Safety Authority www.rsa.ie
We welcome your comments or questions about this Terms. You may contact us in writing at email@example.com or 93 Upper Georges Street, Dun Laoghaire, Co. Dublin, Ireland.