These Terms and Conditions form a Contract between you and DrivingInstructor.co.uk You should understand that by agreeing to these Terms and Conditions, you are entering into a legally binding Contract. You may terminate your Contract at any time by terminating your membership.
Failure to comply with these Terms and Conditions will result in the immediate suspension of membership access to the DrivingInstructor.co.uk website and publication of the member’s individual website area, subject to investigation of said failure by the DrivingInstructor.co.uk adjudication panel.
These Terms and Conditions incorporate the entire Code of Practice as established by the Driving Standards Agency (D.S.A.). Although it is regarded by the DSA as a voluntary commitment, it is a condition of membership of this site that all ADIs agree to wholly adhere to the D.S.A.’s Code of Practice:
A Driving Instructor who gives lessons in a motor car in return for payment must be on the Register of Approved Driving Instructors. To gain entry to the register, prospective instructors need to pass a series of examinations administered by the Driving Standards Agency. Once fully qualified and on the register, ADIs are regularly tested by D.S.A to check their continued ability to give instruction to an acceptable standard.
The D.S.A and the driving instruction industry place great emphasis on professional standards and business ethics. The Code of Practice set out below has been agreed between the D.S.A and the main bodies representing ADIs; it is a framework within which all instructors on this site MUST operate.
By accepting these Terms and Conditions, you are making the following declarations:
a. I declare that I am a fully qualified Approved Driving Instructor, having passed all three parts of the D.S.A.’s Driving Instructor Test and holding a D.S.A. ‘Green’ badge.
b. I declare that at my last examination, whether the ADI Part 3 test or my latest Check Test, I have achieved a Grade 4, 5 or 6.
c. I declare that I will keep the administrators of this site informed of any changes to my status or Grades as soon as I am aware of them.
By accepting these Terms and Conditions, you are making the following declarations:
a. I will at all times behave in a professional manner towards pupils:
i. I will treat pupils with respect and consideration at all times;
ii. I will not harass pupils with calls if it is clear that they do not want to take lessons with me.
iii. I will be prompt for lessons and ensure that if I am delayed, I will inform the pupil in good time; I will maintain proper standards of personal hygiene and dress.
iv. I will avoid improper language or suggestions to pupils.
v. I will avoid physical contact with pupils except in an emergency or in the normal course of greeting.
b. Whilst reserving the right to decide against giving tuition, I will not act in any way which contravenes legislation on discrimination.
c. I will not discuss with others personal matters that a pupil has disclosed during a lesson. In respect of business matters for example which concern a driving school or where the lessons are being paid for by another person or company, information relevant to that person or company, while the third party has the right to it, will only be given with the pupil’s knowledge.
d. I will ensure that any vehicle driven or used for training is:
i. maintained in good mechanical order and condition;
ii. properly insured and taxed and certified as roadworthy (where appropriate);
iii. presented for all lessons and tests in a clean and tidy condition
e. I will continue my own professional development to the best of my ability.
By accepting these Terms and Conditions, you are making the following declarations:
a. I understand that the responsability to contact pupils lays with me and I will contact them in a timely fashion to offer them my services as a driving instructor.
b. I will safeguard and account for any monies paid in advance by the pupil in respect of driving lessons, test fees or for any other purpose and will make the details available on request.
c. I will provide pupils, on or before the first lesson, with a written copy of the terms of business to include:
i. legal indemnity of the school/instructor with full address and telephone number at which I or my representative can be contacted;
ii. the price and duration of lessons;
iii. the price and conditions for use of the school car for the practical driving test;
iv. the terms under which cancellation by either party may take place;
v. the procedure for complaints.
a. Payments and lesson bookings
i. DrivingInstructor.co.uk will provide you with introductions to potential pupils by way of an email and SMS with a pupils details. Converting the introduction into a long term customer is your responsibility.
ii. You will add credits to our system via the Learner Zone interface. Once credits are added there are no circumstances in which these credits will be refunded.
iii. Following the first booking, we will email and SMS to inform you of each and every future booking, at which point a credit will automatically be deducted from your account.
iv. It is your responsibility to ensure that you make contact with the pupil referred to you to arrange a booking with them.
v. If the pupils contact details which are passed to you are invalid then you can request that the credit related to this pupil be credited to your account.
vi. We do not store credit card details nor do we share customer details with any 3rd parties.
vii. If you have no credits in your account your account will be placed on hold and you will not recieve any further introductions.
a. Price changes
i. The price of Pupil referrals will be the prevailing cost as specified by DrivingInstructor.co.uk at the time you take up membership.
ii. You will be notified of any changes to the price of Pupil referrals, at least one month before those changes are implemented.
b. New pupil numbers
i. The number of pupils you will recieve is determined by
a, the number of credits you have in your account
b, the amount of introductions you have already had that day (introductions are limited to 10 a day)
c, wether or not you have put your account on hold
ii. Placing your account on hold can be done on the homepage of the learner zone when you have logged in.
You should switch your Status to ‘STOP’
• if you have a full booking pad;
• if you have a holiday booked;
• if you are experiencing a period of sickness.
iii. Pupils introductions will be delivered as and when they search on the site and their postcode matches the postcodes listed in your account. Note we cannot be responsible for non delivery if there are no pupils searches for your postcode areas.
c. Transferability of Pupils
Pupils are non-transferrable for the first lesson booked. If you are unable to attend a booking referred to you, you must let your pupil know as soon as possible.
d. Liability
Driving Instructor.co.uk are not liable to you for any loss or damage caused where, and to the extent that:
i. there is no breach of a legal duty owed to You by the relevant person or body;
ii. such loss or damage is not a reasonably foreseeable result of such a breach;
iii. any such loss or damage, or increase in the same, results from any breach or omission by you;
iv. any such loss or damage results from circumstances or matters outside of the reasonable control of the relevant person or body.
e. Data
i. Data protection
This policy has been developed because we want you to feel confident about the privacy and security of your personal information entered on our website. We follow strict security procedures in the storage and disclosure of your information as required by law. Our security procedures mean that we may ask for proof of your identity before we will disclose information about you, or to you, be this on our website or over the telephone.
ii. Information disclosure
Our comparison technology will disclose the information you have entered into the DrivingInstructor.co.uk website to the public so that they may make choices regarding which Driving Instructor they wish to employ. We will also be using your data for our own research and for tracking your progress. By using our website you are giving us permission to use your data in this way. Except as set out in this Privacy Statement, we will not disclose any of your information to other parties without your permission unless we are legally required to do so by, for example, a court order or for the purposes of prevention of fraud or other crime. By submitting information into our website, you consent to the processing of this data about you by us and the product providers. We may also use the information you supply to keep you informed of current or new products and services, or to remind you when your renewal is due. If you are not happy for your data to be used in this way, you can write to us to request that we remove your details from our contact list. If you have further queries with regards to your personal data, please feel free to email us at dataprotection@DrivingInstructor.co.uk or write to the Data Protection Officer at the address given below.
iii. Unsolicited emails and phone calls
If you click through to a third party website from our website, we cannot guarantee you will not be contacted by these parties. We recommend that you read their Terms & Conditions regarding your right to opt-in or out of receiving further contact from them.
iv. Your personal data DrivingInstructor.co.uk complies with and is registered under the data protection laws in the United Kingdom and takes all reasonable care to prevent any unauthorised access to your personal data. Under the terms of the Data Protection Act 1998, you have a number of rights. If you require a copy of the information we have concerning you, please write to the Data Protection Officer and enclose a cheque for the administration fee of £10.00 made payable to DrivingInstructor.co.uk. We are entitled to charge you this fee to cover our administrative costs. We reserve the right to amend or modify this privacy statement at any time and in response to changes in applicable data protection and privacy legislation.
v. How we use your personal data
Your personal information is used for the purpose of offering a choice of rated Driving Instructors registered on the website with whom Learner Drivers may book a Driving Lesson. Additionally, DrivingInstructor.co.uk and other carefully selected third parties may use your information to keep you informed by post, telephone, SMS or email about current and new products and services which may be of interest to you. If you are not happy for your data to be used in this way, please write to us to request that we remove your details from our contact list. If you have further queries with regards to your personal data, please feel free to email us at dataprotection@DrivingInstructor.co.uk or write to the Data Protection Officer at the address given below.
vi. Monitoring
Monitoring or recording of your calls, emails, text messages and other communications may take place in accordance with UK law, and in particular for business purposes, such as for quality control and training; processing necessary for the entering into or the performance of a contract; to prevent unauthorised use of our telecommunication systems and websites; to ensure effective systems operation; to meet any legal obligation; in order to prevent or detect crime; and for the purposes of the legitimate interests of the data controller. Please visit the following websites for further information www.ico.gov.uk† and www.berr.gov.uk†.
vii. Confidentiality
We will endeavour to treat all your personal information as private and confidential. Other than under the terms of this Privacy Statement we will not disclose any of your information to anyone. We would like to bring your attention though to our obligations to disclose information in the following four exceptional cases permitted by law. These are where we are legally compelled to do so; where there is a duty to the public to disclose; where disclosure is required to protect our interest; and where disclosure is made at your request or with your consent. Should you take the decision to make a complaint about the service we have provided, we may be obliged to forward details about your complaint, including your personal information, to the relevant ombudsman in existence at the time. You can be assured that they are similarly obliged to adhere to the Data Protection Act 1998 and keep your information strictly confidential.
viii. Law
These terms of trading are subject to English law and to the exclusive jurisdiction of the English courts. You acknowledge that by providing data to us, you consent to the processing of your data in accordance with this privacy and security statement.
By accepting these Terms and Conditions, you are making the following declarations:
a. I will at all times, to the best of my ability, endeavour to teach the pupil correct driving skills according to D.S.A.'s recommended syllabus, taking all reasonable care, using skill and diligence in instructing pupils in all relevant aspects of traffic and driver education.
b. I will check a pupil's entitlement to drive the vehicle and his or her ability to read a number plate at the statutory distance on the first lesson and when booking the driving test.
c. I will complete the pupil’s learning log at the end of each lesson.
d. When presenting a pupil for the practical test, I will ensure that the pupil has all the necessary documentation to enable the pupil to take the test and that the vehicle is roadworthy.
e. I will advise pupils when to apply for their theory and practical driving tests, taking account of local waiting times and forecast of pupils' potential for achieving the driving test pass standard.
f. I will not cancel or re-arrange a driving test without the pupil's agreement. In the event of my decision to withhold the use of the school car for the driving test, I will give sufficient notice to the pupil to avoid loss of the D.S.A test fee.
By accepting these Terms and Conditions, you are making the following declarations:
a. I will ensure that any advertising of driving tuition I may undertake shall be honest; claims made shall be capable of verification and comply with the codes of practice set down by the Advertising Standards Authority.
b. I will ensure that any advertising I may do that refers to pupils' pass rates should not be open to misinterpretation and the basis on which the calculation is made should be made clear.
c. I will not mislead the public over services provided by the school, my qualifications and the likely cost of lessons which will be necessary to reach the standard required by the Driving Standards Agency’s driving test.
By accepting these Terms and Conditions, you are making the following declaration: I agree to wholly comply with DrivingInstructor.co.uk’s Conciliation Policy as published below:
CONCILIATION POLICY
a. Complaints by pupils should be made in the first instance to the Driving Instructor/Driving School following the complaints procedure issued.
b. Failing agreement or settlement of a dispute, reference should be made to the complaints procedure on this site. Our panel will consider the matter and advise accordingly.
c. Failing agreement or settlement of a dispute via either of the above routes, reference should be made to the D.S.A.'s Registrar of Approved Driving Instructors who will consider the matter and advise accordingly. Should the Registrar not be able to settle the dispute he or she may set up a panel, with representatives from the A.D.I. industry, to consider the matter further or advise that the matter should be referred to the courts or other statutory body to be determined.
By accepting these Terms and Conditions, you are making the following declaration:
I agree to wholly comply with DrivingInstructor.co.uk’s Online Communication and Behaviour Policy as published below:
ONLINE COMMUNICATION AND BEHAVIOUR POLICY
This policy applies to use of (herein referred to as “internet postings” on) the following:
• All areas of this site
• Multi-media and social networking websites such as MySpace, facebook, Yahoo! Groups, Twitter and YouTube
• Blogs and forums whether external to, or hosted by DrivingInstructor.co.uk a. Engagement
i. On any internet postings appertaining to the learner driver training industry you must clearly identify yourself.
ii. If you are posting your point of view on any site, you should neither claim nor imply you are speaking on behalf of DrivingInstructor.co.uk. In special circumstances, you may be authorised to write on behalf of DrivingInstructor.co.uk but you must have this authorisation in writing before doing so.
iii. Where you identify yourself as a member of DrivingInstructor.co.uk on any internet postings or blogs, you must include a disclaimer that the views are your own and not those of DrivingInstructor.co.uk, e.g. “the views expressed on this post are mine and do not necessarily reflect the views of DrivingInstructor.co.uk”.
iv. If you are going to post any online material through social media, it is always wise to ensure that the material is accurate, truthful, and without factual error. If you can, you should provide hyperlinks to credible sources that could support whatever point you make.
v. Be courteous at all times. You may find, from time to time that bloggers and other online influencers post statements you disagree with. In these circumstances, you may wish to voice your opinion, but do so in a way which avoids escalating the conversation to a heated, personal argument:
1. Express yourself reasonably, factually, and with good humour;
2. Be understanding of and give credit to the other person's point of view;
3. Avoid credibility attacks, whether personal or professional, by avoiding entering into communication with hostile or aggressive online personas.
vi. If a blogger or any other online influencer posts a statement you disagree with, never indulge in bullying or harassment of the blogger, follow the rules in v. above.
vii. The rules stated in ‘5. Advertising’ above apply to any material you publish online, whether on this site or any other.
viii. If you realise that you’ve made
a mistake, be quick to admit it, apologise and correct it.
b. Legal responsibilities
i. You should be aware that:
1. You are responsible for your posts and if they are found to be defamatory, harassing, or in violation of any other applicable law, you may be subject to prosecution;
2. If you make postings which include confidential or copyrighted information (music, videos, text, etc.) belonging to third parties, you may be subject to prosecution.
ii. You agree that DrivingInstructor.co.uk shall not be liable, under any circumstances, for any errors, omissions, loss or damages claimed or incurred due to any of your internet postings.
iii. Before sharing a comment, post, picture or video about a customer or colleague through any type of social media, his/her consent is not only a courtesy, it is a legal requirement.
c. Copyright DrivingInstructor.co.uk’s logos or trademarks are subject to copyright protection. You should not include these in any of your internet postings.
All pupils referred to you via this site will be invited to complete survey questions about your service and standards. Questions therein will relate to the matters dealt with in Sections 1, 2, 3, 5 and 6 above.
Your results will be posted and updated regularly on this site. You will be expected to maintain a standard of service as indicated by your results. Should you fall short at any time, you will be informed and you will be allowed a period of one month to re-establish the required standard. Should you fail to do so, your membership may be suspended or terminated.
DrivingInstructor.co.uk is the on-line website of DrivingInstructor.co.uk. UK Office: Reeds Mill, Atlas Wynd, Yarm TS15 9AD Copyright © 2010 DrivingInstructor.co.uk. All Rights Reserved