Terms of Service

1. General Conditions

1.1 Driving lessons are provided by ASM Driver Intuition or by its contracted instructors. Where ASM Driver Intuition (ASMDI) is the provider, these terms govern the agreement between the participant ("you") and ASM Driving School. Where an instructor is the provider, that instructor provides the lessons in its own right, and these terms govern your agreement with the instructor. ASMDI or the instructor (as the case may be) is referred to as "we", "our" and "us" in these terms and conditions. By booking a driving lesson ("Lesson"), you accept these terms of service ("Terms").

1.2 These Terms may be varied from time to time and will be updated on the website at www.asmdriverintuition.com.au. You will be bound by the Terms you accept at the time of booking your lesson. If you book more than one lesson at the same time, the terms and conditions applicable at the time of booking will apply to each lesson booked at that time.

1.3 ASM Driver Intuition strives to:

a. support people to pursue their goals and maximise their independence and social and economic participation.

b. develop the capacity of people to participate in the community and in employment.

1.4 These Terms of Service will be applicable for as long as a client retains the services of ASM Driver Intuition or until services have been terminated by either party or until outstanding payment has been reconciled

2. Lesson Bookings

2.1 Lessons must be booked via one of the following channels authorised by us:

a. ASM Driver Intuition administrator on 08 8232 1111.

b. ASM Driver Intuition contracted instructor or representative.

c. ASM Driver Intuition online booking system.

2.2 Standard lesson bookings can be made up to 120 minutes prior to lesson time pending instructor availability. Lesson may be paid for at the beginning of the lesson or as otherwise agreed with the administrator of ASM Driver Intuition.

2.3 ASM Driver Intuition refer to Night lessons for any lesson conducted in part or after 7pm. Night lessons will incur a surcharge. Department for Infrastructure and Transport allow night time logbook entries to be made between sunset and sunrise. ASM is not required to ensure lessons after 7pm meet requirements for night time logbook pages in The Driver’s Companion.

2.4 We offer a variety of lesson products, however the accessibility of these products are dependent on the student’s skill level and experience.

2.5 Scheduled Lesson records are kept electronically and are a truthful representation of a client’s upcoming lesson or previously conducted lessons.

3. Payment Conditions

3.1 All bookings must be paid for in full prior to the commencement of the lesson unless otherwise agreed with ASM Driver Intuition Administrator.

3.2 ASM Driver Intuition will disclose the charges and fees prior to service. This includes but isn’t limited to notice periods or cancellation Terms.

3.3 Payment can be made by cash, cheque, credit card or Electronic Funds Transfer (EFT), Direct Deposit or a valid voucher issued by ASM Driver Intuition may be used. Payment acceptance varies by booking channel.

3.4 We reserve the right to offer certain lesson and package types where additional booking and refund restrictions may apply. If any additional booking or refund restrictions do apply, we will notify you at the time any offer is made.

3.5 By booking a lesson, you warrant to us that you are 18 or more years of age or otherwise possess legal parental or guardian consent and that you are authorised and able to make payment in the manner selected by you. You also warrant to us that all information given by you to us through any booking channel (including your name, contact and address details) is correct.

3.6 Overdue invoices may be charged an account keeping fee of $20.00 each month while such invoices remain outstanding.

3.7 Tax invoices will be electronically generated at the time of lesson booking. A standard 7 day invoice will be provided unless requirements dictate otherwise. This will be at the discretion of ASM Driver Intuition administrator or representative.

3.8 In the event an electronically generated invoice has not been received, the client will request directly with ASM Driver Intuition administrator within a 24 hours period of the completed scheduled lesson.

3.9 Credit card transactions are processed by STRIPE. ASM Driver Intuition does not store card details.

4. Fees and Cancellations/Rescheduled Bookings

4.1 You may cancel or reschedule your appointment without charge at any time leading up to 24 hours prior to your appointment.

4.2 Cancellations or reschedules within 24 hours of your lesson appointment will be charged 100% of the scheduled service price.

4.3 Cancellations within 72 hours of your Vehicle on Road Test, including no show of your appointment, you will be charged full price for the scheduled service

4.4 We reserve the right to reschedule a lesson subject to the provision of reasonable notice. We reserve the right to refuse a lesson where you are unfit to operate a vehicle as reasonably determined by us.

4.5 We reserve the right to refuse a lesson where you do not meet the requirements to operate a vehicle by the Department for Infrastructure and Transport

5. Promotions, Discounts & Free Tuition

5.1 Any discounts or free lesson are not transferable or redeemable for cash.

5.2 At times we may run varying promotions and in certain cases additional or different rules may apply. If additional or different rules do apply, we will notify you at the time of the promotion.

5.3 Discounted lessons are valid for 12 calendar months from invoice date. Additional fees may apply after this time.

5.4 Promotions and/or discounts are applicable on full priced items and services.

6. Gift Vouchers

6.1 Are non-refundable, not redeemable for cash. They are not transferable and cannot be resold. Cancellation and promotional conditions apply.

6.2 Are Valid for 12 calendar months from invoice date.

7. Lessons

7.1 Driving lessons commence and end at the pre-determined pick-up/drop off point, determined at the time of booking the lesson. The duration of a standard driving lesson is 60 minutes, 90 minutes and 120 minutes, including lesson briefing and de-briefing.

7.2 Intensive lesson are 240 and 480 minutes, including lesson briefing and de-briefing and a lesson break will occur every two hours.

7.3 Driving lessons will commence at the scheduled appointment time or when ASM Driver Intuition, contractor or representative arrive at the agreed pick up location.

7.4 Late attendance by you will be deducted from the scheduled appointment time.

8. Provision of Lessons

8.1 You must hold a current South Australian driving permit (Class C) or equivalent overseas license and carry it with you at all times during a lesson.

8.2 An overseas licence holder must source an English translation of their permit where applicable.

8.3 You must not wear high heels, thongs or other footwear which in the opinion of the instructor may cause safety concerns with the foot controls. A flat, enclosed and secure shoe is recommended.

8.4 Mobile phones must be switched off or do not disturb must be in place prior to entering the training or testing vehicle.

8.5 You must be ready to commence the lesson at the agreed time. Your instructor will wait 15 minutes and may at the instructor's reasonable discretion deduct this from the total lesson time. If you arrive outside these times, your instructor may use reasonable discretion not to proceed with the lesson and in such circumstances you will be liable for the cost of the lesson.

8.6 While every endeavour is made to commence the lesson at the scheduled time and with the scheduled instructor, no responsibility can be taken for circumstances beyond our control which may delay the start time or result in a change of instructor. If there are circumstances beyond our control which have delayed the start time of your lesson, we will offer you the full lesson time or, if that is not possible, we will offer you a lesson at another time.

8.7 You must comply with the instructions or directions of your instructor at all times, before or during a lesson.

8.8 We reserve the right to terminate a lesson if:

a. you engage in any behaviour that your instructor determines is reckless; or

b. you fail to comply with the instructions or directions of your instructor before or during a lesson; or

c. you fail to comply with any special conditions on your licence, i.e. wearing of glasses/contacts; or

d. your instructor has assessed your driving skills and competence and deems you to be unfit or unsafe to drive.

In the event that a lesson is terminated under the circumstances listed above you will be required to pay the full cost of the terminated lesson. If an expiation notice is issued pertaining to actions caused by a client, responsibility for its payment and imposed consequences lies with the client.

8.9 If and when you are deemed competent by your instructor, ASM Driver Intuition will arrange your Vehicle on Road Test provided full payment for your driving test is received prior to the driving test being booked.

8.10 The decision to sit a Vehicle on Road Test is determined by you. ASM Driver Intuition, contractor or representative will provide guidance in this process. Your decision is made by you in regards to your personal circumstances.

8.11 You will only be permitted to sit for a Vehicle on Road Test once you have a valid South Australian driver’s permit.

8.12 Vehicle on Road Test location will consider Department of Infrastructure and Transport regulations, your proximity to a test hub, available Authorised Examiner, yourself and ASM Driver Intuition.

9. Vehicles

9.1 Use Of Own Vehicle: If you are driving in your own, your instructor must first assess that your vehicle is roadworthy (only a basic external inspection will be carried out). It is your obligation to ensure that your vehicle complies with the following requirements:

a. the registration of your vehicle is valid and current. You acknowledge that it is illegal to drive an unregistered vehicle and warrant that your vehicle is registered.

b. you hold current compulsory third party insurance and comprehensive insurance cover for your vehicle.

c. the tyres are correctly inflated (air pressures must reflect the manufacturer's recommendation as a minimum), have appropriate levels of tread and are not damaged.

d. all indicators and brake lights are working.

e. the warning device is in working order

f. seats and seat belts are in good working order and are not damaged or twisted.

g. any loose items in the cabin of the vehicle are stowed in the cargo (boot) area.

h. the windows and interior are clean.

I. the windscreen is not cracked and shows no signs of damage.

j. the vehicle has sufficient petrol to last the course of the lesson (minimum requirement - a quarter of a tank).

9.2. Instructor Supplied Vehicle: Driving lessons are provided in an automatic transmission vehicles.

9.3. Instructor supplied vehicles may contain global positioning and monitoring systems with the capacity to identify the location of the vehicle and the manner in which it is operated.

9.4 Instructor supplied vehicle may have a video recording device. You may make a request for filming to be suspended in a lesson. An instructor will use reasonable judgment on this request, it may be rejected.

9.5 A Test vehicle may have a video recording device in use. In booking a Vehicle on Road Test, a test candidate agrees to the use of video documentation for auditing purposes.

10. Driving Wellness

10.1 In the interests of safety, your instructor will assess your driving skills and competence.

10.2 If necessary, your instructor may refer you to another instructor or request an Auditors for further assessment of your driving skills.

10.3 If at any time you are assessed as unfit or unsafe to drive during a lesson, your instructor may terminate the lesson immediately and may assume control of the vehicle.

10.4 Because the safety of Instructors and participants is paramount, Instructors will not enter into any discussions with you regarding an unfit or unsafe driving outcome. If you wish to lodge a complaint about the way in which an assessment was made, please contact ASM Driver Intuition on 08 8232 1111.

11. Limitation of Liability, Insurance

11.1 Certain State and Commonwealth legislation, including the Consumer and Competition Act 2010 (Cth), imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. Otherwise we exclude all conditions and warranties which may be implied by law.

11.2 To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, is restricted, our option, to:

a. the re-supply of the lessons; or

b. the payment of the cost of having the lessons re-supplied.

11.3 Except for any liability which cannot be excluded by law or that is caused by our negligence, we, our related bodies corporate and our and their officers, employees, franchisees, contractors and agents shall not be liable for any loss, damage or liability whatsoever which is suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained as a result of:

a. you participating in a lesson as part of the driving lesson; or

b. your failure or refusal to follow an instruction or direction of your instructor before or during a lesson; or c. you being assessed by your instructor as an unfit or unsafe driver; or

d. your instructor terminating a lesson.

e. you continuing to drive after you have been assessed as unfit or unsafe to drive by your instructor; or

f. your vehicle being assessed by your instructor as being unsafe to drive and/or un-roadworthy.

11.4 You indemnify and agree to keep us and our related bodies corporate and our and their officers, employees, contractors, franchisees and agents indemnified against any loss, damage, liability, costs and expenses in connection with your breach of these terms and conditions or any other legal obligation by you.

11.5 Neither we nor our driving instructors accept any liability whatsoever for personal property that is left in any instructor supplied vehicle, your vehicle or on our premises.

11.6 If driving lessons take place in your own vehicle, you warrant that you are covered by compulsory third party insurance and that your vehicle is covered by comprehensive insurance.

11.7 We do not accept any responsibility whatsoever for the outcome of any driving test or assessments you take.

11.8 We do not take any responsibility for driving outcomes once training has concluded.

12. Dispute Resolution

12.1 ASM Driver Intuition will act in the best interests of the client, ensuring that participants are informed, empowered and able to maximise choice and control. ASM Driver Intuition will not limit that person's access to information, opportunities and choice and control.

12.2 ASM Driver Intuition has an obligation to provide to the client the services they advertise and they contract to deliver. When a client is not satisfied with the service provided by ASM Driver Intuition they have recourse to lodge complaints under Australian Consumer Law (ACL), and South Australian's Fair Trading Act 1987.

12.3 Consumer and Business Services require that people with complaints first approach ASM Driver Intuition to try to resolve the issue.

12.4 Unsatisfactory outcomes with ASM Driver Intuition may be referred to Australian Driver Trainer’s Association of South Australia

12.5 If the complaint is not satisfactorily resolved a complaint can be made in writing to the Registrar of Motor Vehicles, Department for Infrastructure and Transport, GPO Box 1533, Adelaide, 5001.

12.6 For issues regarding discrimination, the client should contact the Office of the Commissioner for Equal Opportunity or the Australian Human Rights Commission or South Australian Police.

12.7 For complaints of a criminal nature, such as fraud, assault or sexual harassment, the complaint should be reported to the South Australian Police.