I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE1.1 Lysensy Inc. is an incorporated company
2. WEBSITE ACCESS AND TERMS 2.1 Website access: You may access some areas of the Website without registering your details with us. Most areas of the Website are open to everyone.2.2 Acceptance of Terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.2.3 Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an order through us or sign up with us.2.4 Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS3.1 Capacity and age: By placing an Order through the Website, you warrant that:3.1.1 You are legally capable of entering into binding contracts.
4. HOW TO BOOK A LESSON AND HOW PAYMENT IS PROCESSED4.1 Payment authorization: Where any payment you make is not authorized, your Order will not be processed or communicated to the relevant instructor.4.2 Processing your Order and instructor rejections: On receipt of your order, GoDribe will begin processing it by sending it to the relevant instructor and will notify you by email or/and SMS that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation email that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the instructor. We encourage all our instructors to accept all bookings and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if an instructor rejects your Order. However, instructors have the discretion to reject bookings at any time because they are too busy, due to conditions or for any other reason.
5. PRICE AND PAYMENT5.1 GST/HST and delivery costs: Prices will be as quoted on the Website. These prices include GST/HST, any additional charges will be added to the total amount due where applicable.5.2 Incorrect pricing: This Website contains a large number of driving instructors and their products and it is possible that some of them may include incorrect prices. In such an event, we accept no responsibility for incorrect information given by driving instructors. In this case, please contact the instructor to discuss the issue.5.3 Payment methods: Payment for bookings must be made by an accepted credit or debit card through the Website or in cash to the driving instructor.5.4 Card payments: If you pay by credit or debit card, please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.5.5 Credit and discount coupons: A credit or discount may apply to your Order if you use a promotional coupon or code recognized by the Website and endorsed by GoDribe, and you pay for any balance by credit or debit card. Please refer to our Coupon Terms & Conditions for the full terms and conditions applicable to the use of credit and discount coupons. Please note that because of standard banking procedures, your bank or card issuer will initially "Reserve" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will, therefore, be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant instructor will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.5.6 Rejected bookings: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorized, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the instructor (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant instructor will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE6.1 General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will, therefore, try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the "Need help?", "Help" or similar button or by calling the telephone number shown on the Website.6.2 Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorized, you may contact our Customer Care team as described above and they will attempt to contact the instructor in order to communicate your requests. However, there is no guarantee that we will be able to reach the instructor or that the instructor will agree to your requests as they may have already started processing your Order.6.3 Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by an instructor, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, Reviews) to reflect your experience. Reviews are an important part of our quality control process.6.4 Compensation: If you are dissatisfied with the quality of any Products or the service provided by an instructor and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the instructor directly to lodge your complaint and, where appropriate, follow the instructor’s own complaint procedures. If you are unable to contact the instructor, or the instructor refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your order and one of our Customer Care Advisers will attempt to contact the instructor in order to request compensation on your behalf. Please note that we have no control over instructors and the quality of the Products or services that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any instructor.
7. LICENSE7.1 Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:7.1.1 You must not misuse the Website (including by hacking or scraping).7.1.2 Unless otherwise stated, the copyright and other intellectual property rights in the Website and in the material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.7.1.3 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.7.1.4 You must ensure that our status as the author of the material on the Website is always acknowledged.7.1.5 You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.7.2 Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.7.3 Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. SERVICE ACCESS8.1 Website availability: While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.8.2 Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.8.3 Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
10. LINKS TO AND FROM OTHER WEBSITES10.1 Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.10.2 Linking permission: You may link to the Website's homepage (www.godribe.com), provided that: 10.2.1 you do so in a fair and legal way which does not damage or take advantage of our reputation;10.2.2 you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;10.2.3 any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));10.2.4 we have the right to withdraw linking permission at any time and for any reason.
11. DISCLAIMERS11.1 Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and Prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.11.2 Instructor actions and omissions: The legal contract for the supply and purchase of Products is between you and the instructor that you place your Order with. We have no control over the actions or omissions of any instructors. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:11.2.1 We do not give any undertaking that the Products ordered from any instructor through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.11.2.2 Timescales and availability are given by the instructors and are only estimates. We have no control over this.11.2.3 We encourage all our instructors to accept all bookings and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if an instructor rejects your Order. However, we do not guarantee that instructors will accept all bookings, and instructors have the discretion to reject bookings at any time because they are too busy, due to where conditions or for any other reason.11.2.4 The foregoing disclaimers do not affect your statutory rights against any instructor.11.3 Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
12. LIABILITY12.1 General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.12.2 Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of the use of the Service or the Website) for:12.2.1 any loss of profits, sales, business, or revenue;12.2.2 loss or corruption of data, information or software;12.2.3 loss of business opportunity;12.2.4 loss of anticipated savings;12.2.5 loss of goodwill; or12.2.6 any indirect or consequential loss.12.3 Limitation of liability: We accept no liability loss or damage12.4 Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, licence or otherwise use.
13. TERMINATION13.1 Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:13.1.1 you have used the Website in breach of paragraph 7.1 (Licence);13.1.2 you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);13.1.3 you have breached paragraph 10.2 (Links to and from other websites); or13.1.4 you have breached any other material terms of these Website Terms.13.2 Obligations upon termination: Upon termination or suspension, you must immediately destroy any downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication. You acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms, caused by events outside our reasonable control ("Force Majeure Event").15.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:15.2.1 strikes, lock-outs or other industrial action;15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;15.2.4 impossibility of the use of railways, shipping, aircraft, MOTOR transport or other means of public or private transport;15.2.5 impossibility of the use of public or private telecommunications networks; and15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.15.3 Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
17. GOVERNING LAW AND JURISDICTION17.1 These Website Terms shall be governed by and construed in accordance with Canadian laws. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Canadian courts.
18. Terms Specific for Driving
Instructors18.1 Terms applicable to all Instructor Profiles18.1.1When creating a driving instructor profile through the GoDribe Platform, you must (i) provide complete and accurate information about your Service (such as profile description, your location, your car and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by GoDribe. You are responsible for keeping your Profile information (including calendar availability) up-to-date at all times.18.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Lessons ("Lesson Fee”). Once a learner requests a booking, you may not request that the learner pays a higher price than in the booking request.18.1.3 Any terms and conditions included on your profile, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your profile.18.1.4 Pictures, animations or videos (collectively, "Images") used in your Profile must accurately reflect the quality and condition of your car and teaching experience. GoDribe reserves the right to require that profiles have a minimum number of Images of a certain format, size and resolution.18.1.5 The placement and ranking of driving instructors in search results on the GoDribe platform may vary and depend on a variety of factors, such as learner search parameters and preferences, driving instructor requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of additional services, and/or ease of booking.18.1.6 When you accept and choose to send a payment request via GoDribe and the learner pays this request, you are entering into a legally binding agreement with the learner and are required to provide your driving lesson to the learner as described in your profile when the booking request is made.18.1.7 GoDribe recommends that driving instructors obtain appropriate insurance for their business. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for.18.1.8 GoDribe has the right to update profiles that are lacking in high-quality photos, grammar and spelling mistakes on profiles. You approve GoDribe to use content (including text, photos, reviews) from your public driving school Facebook page or driving school website and other sources with information about your driving school.18.1.9 GoDribe will add reviews to instructor profiles from 3rd party sites, however will not add negative reviews from 3rd parties.18.1.10 If we receive several complaints from learners about the service instructors provide, GoDribe reserves the right to remove profiles until issues are resolved to a satisfactory level.18.1.11 Driving Instructors have the right to remove profiles whenever they want.18.1.12 When driving instructors pay for unlocking student contact details, they pay a GoDribe fee. However, if that student is unreachable or does not show up for the lesson, the driving instructor receives a free referral.18.1.13 If a driving instructor has any outstanding free referral fees as a result of a student who was unreachable or didn't show up to the lesson at the time of an instructor removing their profile, they will be refunded the full amount paid.18.1.14 GoDribe is allowed to remove any personal contact details shown on their profile such as email address, URLs or phone numbers. Sending phone numbers, websites or any direct contact information through GoDribe to any potential pupils to bypass accepting or paying for students is strictly forbidden.18.1.15 Any driving instructor that is a Potential Driving Instructor must declare this on their profile.18.2 UpFront Payments18.2.1GoDribe allows driving instructors to request lesson fee’s through the platform, optionally. Once this is paid, the driving instructor must deliver the lesson.18.2.2If the learner cancels the driving lesson within your cancellation period - you will receive the money for the lesson after there is proof the lesson was cancelled later than acceptable.18.2.3Driving instructors will receive the full upfront payment amount within 24 hours of the Learner confirming the lesson has been completed.
19. Terms Specific for Learner Drivers19.1 Terms applicable to all Learner Drivers requesting Driving Instructors via Instructor Profiles19.1.1 If your requested driving instructor is unable to accept your booking request, GoDribe reserves the right to send your First Name, Pickup Location and Availability to other suitable driving instructors who could potentially match your criteria.
4. SECURITY AND DATA RETENTION4.1 We take steps to protect your information from unauthorized access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.4.2 Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorized transactions entered into using your name and password.4.3 The transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
5. ACCESSING AND UPDATING5.1 You have the right to see the information we hold about you ("Access Request") and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in paragraph 7 below. In the event that you make an Access Request, we reserve the right to charge a fee of twenty dollars ($20.00) to meet our costs in providing you with details of the information we hold about you.
III. GoDribe Coupon TERMS & CONDITIONS
General1 The following general terms and conditions (the "General Coupon Terms") will apply to all coupons issued by GoDribe from time to time for use on the Website, including coupons with a credit value ("Paycode Coupons") and promotional discount coupons ("Discount Coupons", and together with Paycode Coupons, ("Coupons").2 Individual Coupons will also be subject to, and the General Coupon Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Coupon Terms") that will be specified on the Coupon or at the time the Coupon is issued.3 Coupons may only be redeemed towards online bookings from instructors made through the Website.
Miscellaneous1 Coupons may not be exchanged for cash.2 We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Coupon or any failure or inability of a customer or household to use a Coupon for any reason.3 We reserve the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Coupons or to vary or terminate the operation of a Coupon at any time without notice.4 All standard terms and conditions from time to time for the use of the Website and the Service apply.
V. Gift Cards Conditions
These terms and conditions will also apply to the purchase and redemption of our Gift Certificates available at www.godribe.com (‘Website’) Lysensy Inc. (“GoDribe”, “Our”, “We” or “Us”)
1. Rules1.1 The use of gift card fall under the following terms and conditions:In order to purchase a Gift Card, you will need to register an account with us through our Website.Gift Cards ordered through our Website will be delivered automatically by electronic means to the email address you specify at the time of order. Our Gift Cards include unique numbers and configurable patterns. Our Gift Cards must be redeemed on our Website, as full or part payment of products from our Website.All our usual terms and conditions and policies apply to Gift Certificates (also referred to as Gift Cards.). A Gift Card cannot be used to purchase further Gift Cards. When ordering a Gift Card, you should ensure to enter the gifter’s email address correctly. We cannot be held responsible if the address is entered incorrectly and someone other than the intended recipient uses the Gift Card.Site offers and promotions (including gifts with purchase and discounts) do not apply when purchasing gift coupons.You can check the balance of the Gift Certificate by logging into your account (please note, this only applies if you register for an account).All Gift Certificates are dated and expire 12 months from the date of issue.Gift Certificates cannot be exchanged for cash. Gift Certificates may only be redeemed against products purchased in the same currency as the Gift Certificate.Where Products purchased online with a Gift Certificate are returned, monies owing will be refunded by a Gift Certificate.We are not responsible if a Gift Certificate is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.1.2 When driving instructors accept driving lessons with prepaid gift cards attached. Driving Instructors will receive the gift card value into their Bank Accounts by which means they prefer. However, by accepting the student GoDribe will transfer the funds to the driving instructor, if the situation changes for whatever reason and the driving instructor can no longer take the student the funds must be transferred back to GoDribe. If the driving student cancels before their first lesson and decides not to have any driving lessons with the driving instructor that they had initially chosen; The driving instructor must transfer funds back to GoDribe. Although if this is within 48 hours of the driving students first lesson they can deduct the price of the driving lesson due to loss of business.1.3 Questions, comments and requests regarding Gift Coupon Terms and Conditions are welcomed; please contact us.