Terms & Conditions

Terms and conditions updated on 14/09/2023

Driving Instructors

This agreement applies as between you, the User of the Web Site and our IOS and Android Mobile Application (the “Services”) and Rated Driving, the provider of the Services.

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services. If you do not agree to be bound by these terms and conditions, you should stop using the Services immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content”means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Services;

“Rated Driving”means Rated Driving Instructors Ltd of The Carriage House, Mill Street, Maidstone, Kent, United Kingdom, ME15 6YE;

“Service”means collectively any online facilities, tools, services or information that Rated Driving makes available through the Services either now or in the future;

“System”means any online communications infrastructure that Rated Driving makes available through the Services either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”means any third party that accesses the Services and is not employed by Rated Driving and acting in the course of their employment.

2. Intellectual Property

1. All Content included on the Services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Rated Driving, our affiliates or other relevant third parties. By continuing to use the Services you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Services unless otherwise indicated on the Services or unless given express written permission to do so by Rated Driving.

3. Material from the Services may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3. Scope Of Application

1. The current Terms of Use at the time of the conclusion of the contract apply. We may update and change the Terms of Use from time to time. You can view the current version of the Terms of Use at any time under Terms of Use. For subsequent changes to the terms of use within the framework of an existing contractual relationship, the following applies: Rated Driving will inform you in good time about the planned change.

2. If the user does not object to the change within 4 weeks, this is considered as agreement to the changed terms of use. Rated Driving will specifically point out this consequence of silence for the user when notifying you of the planned changes. If you object to the change of the terms of use, Rated Driving is entitled to extraordinary termination. Conflicting, as well as deviating conditions will not be accepted, unless we expressly agree to their validity in writing.

3. The following terms of use also apply exclusively if we carry out the delivery and service without reservation in the knowledge of conflicting terms and/or terms that deviate from the following terms of use.

4. Description Of The Service

1. Using Rated Driving`s services users can create their own tutoring offers and/or request the offers of other users. After the free registration, the platform enables learners and instructors to create a profile, to search for other profiles and to inquire.

2. In order to use the service, it is necessary to register via the Rated Driving website or app. Without registration, the app cannot be fully used and instructors cannot be requested.

3. The registration of multiple accounts to one person is not permitted.

4. The tutoring offer may not refer to or advertise any other tutoring offers.

5. We reserve the right to delete corresponding accounts.

6. The success of the tutoring service is not owed. Rated Driving merely provides the mediation platform.

7. Upon request, the user is obliged to confirm his identity to Rated Driving by providing appropriate proof.

8. We do not guarantee that the service on Rated Driving or parts thereof are suitable for a particular purpose.

9. You must provide your ADI number when signing up to Rated Driving so we can validate you are on the ADI register. We will validate your ADI number with the DVSA by emailing crowncopyright@dvsa.gov.uk or using their website https://www.gov.uk/find-driving-schools-and-lessons.

10. If at any time you come off or removed from the ADI register, it is your sole responsibility to inform Rated Driving by emailing support@rateddriving.com so we freeze or terminate your account.

11. We reserve the right at any time and without notice to change, update, modify or discontinue, temporarily or permanently, the Service (or any part thereof).

5. Rated Driving Account

1. Registration is free of charge for learners. For instructors Rated Driving takes a 10% commission of the instructors hourly rate.

2. The use of Rated Driving is permitted to natural persons over the age of 18 who are capable of entering into a legally binding contract, as well as mature minors between the ages of 17 and 18 with the consent of their parents.

3. An account is not transferable. You confirm that all information you provide to Rated Driving during registration and/or completion is true, complete, accurate and current. You are responsible for updating any changes to the information you provide when registering and/or signing up for membership.

4. You acknowledge that you will maintain and update this information during the term and to keep it current.

5. Where you create an account via the Rated Driving website or app, you will be asked to protect it with a password. You agree that it is your responsibility to maintain the confidentiality and security of your password.

6. You understand and acknowledge that you are solely responsible and liable for any and all activities that occur under your Account. Unless you can prove that there has been no breach of your duty of care.

7. You acknowledge and agree that the Account is for your personal use only or, in the case of a minor, for the use of the Member only and that you may not make your Account and/or password available to any third party.

6. Obligations To Cooperate And Conduct

1. You are obliged to observe all applicable laws and other legal regulations of the United Kingdom when using Rated Driving`s Services.

2. You are prohibited from publishing data or content that violates legal regulations or infringes on the intellectual property rights or other rights of third parties.

3. You may not use software or other techniques or procedures in connection with the use of Rated Driving that are likely to impair the operation, security and availability of the services and their platform.

7. Non-Circumvention

1. You agree that you will not (a) notify or actively solicit any Learner with respect to any further transactions or business outside the Rated Driving Services (b) release the name and/or account information for any Learner to any other party unless required by court order, an authorised governmental or self-regulatory entity to do so (c) not to accept or offer any “cash in hand” transactions.

2. You further agree, that you will not, directly or indirectly, contact, deal with or otherwise become involved with any Learner introduced, directly or indirectly, by or through Rated Driving, its officers, directors, agents or associates, for the purpose of avoiding the payment to Rated Driving of profits, fees or otherwise, without the specific written approval of Rated Driving.

3. You are required to notify us immediately if a Learner has offered you to circumvent Rated Driving.

4. Rated Driving has a zero tolerance policy towards circumvention. You agree that Rated Driving has the right to terminate your account without your permission and claim the full sums owed with immediate effect.

5. Any violation of this Clause 7 shall be deemed an attempt to circumvent Rated Driving, and the party so violating this Clause 7 shall be liable for damages in favour of Rated Driving.

8. Money Back Guarantee

Rated Driving offers Learners a no-obligation, “100% Moneyback guarantee” covering 1 hour (60 minutes) of your first driving lesson which starts on the Day of your First Driving Lesson and ends within 24 hours of the end of your First Driving Lesson. During this Period, a first-time user can simply contact us by email (support@rateddriving.com) and after telling our Customer Service Team the reason why our services have not been as expected, receive a full refund and will be rebooked with a new instructor.

9. Refund Policy for Driving Instructors

This Refund Policy applies to all driving instructors who use Rated Driving and outlines the steps to be taken when a refund has been agreed upon between a driving instructor and a learner driver.

Refund Agreement

  1. Initiation: When a refund is necessary, the amount and conditions of the refund must first be agreed upon between the driving instructor and the learner driver. The agreement should clearly specify the number of hours to be refunded and the corresponding amount of money to be returned.

  2. Notification: The driving instructor must promptly notify Rated Driving of the refund agreement, providing all relevant details including the agreed refund amount and the learner driver’s details.

Payment to Rated Driving

  1. Transfer Requirement: Once the refund hours and amount have been agreed with the learner driver, the driving instructor must transfer the agreed refund amount to Rated Driving within 5 days of the agreement.

  2. Method of Payment: The driving instructor will be provided with the necessary bank details or payment instructions by Rated Driving to complete the transfer. It is crucial that the payment is made accurately and within the specified timeframe to avoid any delays in the refund process.

Compliance

  • Timeliness: Failure to transfer the agreed refund amount within the specified 5-day period may result in penalties or restrictions on the driving instructor’s account, as per Rated Driving’s terms and conditions.

Payment Default

In the event of non-payment by the due date, Rated Driving Instructors Ltd. reserves the right to take all necessary steps to recover the outstanding amounts.

This may include referral to a collection agency or legal action. The defaulter will be liable for all costs associated with such recovery efforts, including but not limited to legal fees, collection agency fees, and any other related costs.

Enforcement Costs

Should it become necessary for Rated Driving Instructors Ltd. to enforce these Terms & Conditions due to a breach by either a learner driver or a driving instructor, including but not limited to the collection of overdue payments, the party in breach will be responsible for all related costs and expenses incurred by Rated Driving Instructors Ltd., including reasonable legal fees, collection agency fees, and court costs.

10. Term And Termination

The contract is concluded for an indefinite period. The contract can be terminated at any time contracting party to the end of the month. The termination has to be sent by e-mail to support@rateddriving.com to be made.

11. User Generated Contributions

1. The Services may invite you to chat, contribute to, to message and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

2. Contributions may be viewable by other users of the Services. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

b) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Web Site, and other users of the Web Site to use your Contributions in any manner contemplated by the Web Site and these Terms and Conditions.

c) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Web Site and these Terms and Conditions.

d) your Contributions are not false, inaccurate, or misleading.

e) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

f) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

g) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

h) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

i) your Contributions do not violate any applicable law, regulation, or rule.

j) your Contributions do not violate the privacy or publicity rights of any third party.

k) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

l) your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

m) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

n) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

o) Any use of the Web Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Web Site.

12. Contribution License

1. By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web Site.

4. You are solely responsible for your Contributions to the Web Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

5. We have the right, in our sole and absolute discretion,

a) to edit, redact, or otherwise change any Contributions;

b) to re-categorize any Contributions to place them in more appropriate locations on the Web Site; and

c) to pre-screen or delete any Contributions at any time and for any reason, without notice.

6. We have no obligation to monitor your Contributions.

13. Granting Of Rights

1. The user grants Rated Driving free of charge the non-exclusive right, unlimited in time, geography and the user the non-exclusive, temporally, geographically and content-wise unrestricted right to exploit the content in particular to make the contents publicly accessible, to reproduce, to distribute and to and to edit it as described below, as far as this is necessary for the implementation of the this contract is necessary for the implementation of the listing on Rated Driving regulated in this contract. The aforementioned granting of rights includes the right to reproduce the contents in any print media (e.g. magazines, newspapers, trade press, posters, etc.).

2. (e.g. magazines, newspapers, trade press, posters, flyers, brochures, newsletters); the right to combine the contents with other with other content (text, images, hyperlinks, trademarks, logos, etc.) and other advertising material and to and to use these links in accordance with this agreement; the right to edit the contents or have them or have it edited, in particular to reduce it, enlarge it, divide it, shorten it, modify it and use it in accordance with this agreement and to use these adaptations in accordance with this agreement (Rated Driving will not change the content statements and information of the user to the advertisement);

14. Warranty

1. Rated Driving assumes no responsibility for the accuracy and timeliness of the data that which the user enters into the Rated Driving databases. The Rated Driving databases are at least 95% available on a monthly average. Due to the implementation of necessary maintenance work and improvements, it may occur that individual functions are briefly not be available for a short period of time.

2. Rated Driving is exempt from the obligation to perform in cases of force majeure. Force majeure is defined as all unforeseen events as well as such events whose effects on the fulfilment of the fulfilment of the contract are not the responsibility of either party. Such events include in particular lawful industrial action, also in third party companies, official measures, breakdown of communication networks and gateways of other operators, disruptions in the area of line providers, other technical disruptions, even if these circumstances occur in the area of subcontractors, subcontractors or their subcontractors or at operators of sub node computers authorised by the supplier. Claims arise for the user in the case of failures not caused by Rated Driving for which Rated Driving is not responsible.

15. Privacy

1. For the purposes of applicable data protection legislation, Rated Driving will process any personal data you have provided to it in accordance Privacy Policy available on the Rated Driving website or on request from Rated Driving.

2. You agree that, if you have provided Rated Driving with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Rated Driving and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Rated Driving’s website or otherwise provided a copy of it to the third party. You agree to indemnify Rated Driving in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

16. Disclaimers

1. Rated Driving makes no warranty or representation that the Services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

2. No part of this Service is intended to constitute advice and the Content of the Services should not be relied upon when making any decisions or taking any action of any kind.

17. Availability of the Services

1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

2. Rated Driving accepts no liability for any disruption or non-availability of the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18. Limitation of Liability

1. To the maximum extent permitted by law, Rated Driving accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Services or any information contained therein. Users should be aware that they use the Services and its Content at their own risk.

2. Nothing in these terms and conditions excludes or restricts Rated Driving’s liability for death or personal injury resulting from any negligence or fraud on the part of Rated Driving.

3. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21. Notices

All notices / communications shall be given to us either by email to support@rateddriving.com. Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22. Law and Jurisdiction

These terms and conditions and the relationship between you and Rated Driving shall be governed by and construed in accordance with the Law of England and Wales and Rated Driving and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Learners

This agreement applies as between you, the User of the Web Site and our IOS and Android Mobile Application (the “Services”) and Rated Driving, the provider of the Services. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services. If you do not agree to be bound by these terms and conditions, you should stop using the Services immediately.

1. Definitions and Interpretation

1. In this Agreement the following terms shall have the following meanings:

“Content”means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Services;

“Rated Driving”means Rated Driving Instructors Ltd of The Carriage House, Mill Street, Maidstone, Kent, United Kingdom, ME15 6YE;

“Service”means collectively any online facilities, tools, services or information that Rated Driving makes available through the Services either now or in the future;

“System”means any online communications infrastructure that Rated Driving makes available through the Services either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”means any third party that accesses the Services and is not employed by Rated Driving and acting in the course of their employment;

2. Intellectual Property

1. All Content included on the Services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Rated Driving, our affiliates or other relevant third parties. By continuing to use the Services you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Services unless otherwise indicated on the Services or unless given express written permission to do so by Rated Driving.

3. Material from the Services may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3. Scope Of Application

1. The current Terms of Use at the time of the conclusion of the contract apply. We may update and change the Terms of Use from time to time. You can view the current version of the Terms of Use at any time under Terms of Use. For subsequent changes to the terms of use within the framework of an existing contractual relationship, the following applies: Rated Driving will inform you in good time about the planned change. If the user does not object to the change within 4 weeks, this is considered as agreement to the changed terms of use. Rated Driving will specifically point out this consequence of silence for the user when notifying you of the planned changes. If you object to the change of the terms of use, Rated Driving is entitled to extraordinary termination. Conflicting, as well as deviating conditions will not be accepted, unless we expressly agree to their validity in writing.

2. The following terms of use also apply exclusively if we carry out the delivery and service without reservation in the knowledge of conflicting terms and/or terms that deviate from the following terms of use.

4. Description Of The Service

1. Using Rated Driving`s services users can create their own tutoring offers and/or request the offers of other users. After the free registration, the platform enables learners and instructors to create a profile, to search for other profiles and to inquire.

2. In order to use the service, it is necessary to register via the Rated Driving website or app. Without registration, the app cannot be fully used and instructors cannot be requested.

3. The registration of multiple accounts to one person is not permitted.

4. The tutoring offer may not refer to or advertise any other tutoring offers.

5. We reserve the right to delete corresponding accounts.

6. The success of the tutoring service is not owed. Rated Driving merely provides the mediation platform.

7. Upon request, the user is obliged to confirm his identity to Rated Driving by providing appropriate proof.

8. We do not guarantee that the service on Rated Driving or parts thereof are suitable for a particular purpose.

9. We reserve the right at any time and without notice to change, update, modify or discontinue, temporarily or permanently, the Service (or any part thereof).

5. Rated Driving Account

1. Registration is free of charge for learners.

2. The use of Rated Driving is permitted to natural persons over the age of 18 who are capable of entering into a legally binding contract, as well as mature minors between the ages of 17 and 18 with the consent of their parents.

3. An account is not transferable. You confirm that all information you provide to Rated Driving during registration and/or completion is true, complete, accurate and current. You are responsible for updating any changes to the information you provide when registering and/or signing up for membership.

4. You acknowledge that you will maintain and update this information during the term and to keep it current.

5. Where you create an account via the Rated Driving website or app, you will be asked to protect it with a password. You agree that it is your responsibility to maintain the confidentiality and security of your password.

6. You understand and acknowledge that you are solely responsible and liable for any and all activities that occur under your Account. Unless you can prove that there has been no breach of your duty of care.

7. You acknowledge and agree that the Account is for your personal use only or, in the case of a minor, for the use of the Member only and that you may not make your Account and/or password available to any third party.

6. Obligations To Cooperate And Conduct

1. You are obliged to observe all applicable laws and other legal regulations of the United Kingdom when using Rated Driving`s Services.

2. You are prohibited from publishing data or content that violates legal regulations or infringes on the intellectual property rights or other rights of third parties.

3. You may not use software or other techniques or procedures in connection with the use of Rated Driving that are likely to impair the operation, security and availability of the services and their platform.

4. As a condition of commencing your initial driving lesson, it is mandatory that you disclose to your driving instructor any restrictions or fees that may arise from the collection or drop-off at your designated pickup or drop-off address. In the event that the driving instructor incurs a penalty due to your failure to provide such information, you hereby agree to assume full liability for all costs associated with said penalty.

7. User Generated Contributions

1. The Services may invite you to chat, contribute to, to message and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

2. Contributions may be viewable by other users of the Services. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

b) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Web Site, and other users of the Web Site to use your Contributions in any manner contemplated by the Web Site and these Terms and Conditions.

c) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Web Site and these Terms and Conditions.

d) your Contributions are not false, inaccurate, or misleading.

e) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

f) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

g) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

h) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

i) your Contributions do not violate any applicable law, regulation, or rule.

j) your Contributions do not violate the privacy or publicity rights of any third party.

k) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

l) your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

m) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

n) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

3. Any use of the Web Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Web Site.

8. Contribution Licence

1. By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web Site.

4. You are solely responsible for your Contributions to the Web Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

5. We have the right, in our sole and absolute discretion,

a) to edit, redact, or otherwise change any Contributions;

b) to re-categorize any Contributions to place them in more appropriate locations on the Web Site; and

c) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

9. Guidelines For Reviews

1. We may provide you areas on the Web Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

a) you should have first-hand experience with the person/entity being reviewed;

b) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

c) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

d) your reviews should not contain references to illegal activity;

e) you should not be affiliated with competitors if posting negative reviews;

f) you should not make any conclusions as to the legality of conduct;

g) you may not post any false or misleading statements;

2. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

3. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

4. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

10. Term And Termination

The contract is concluded for an indefinite period. The contract can be terminated at any time contracting party to the end of the month. The termination has to be sent by e-mail to support@rateddriving.com to be made.

11. Granting Of Rights

1. The user grants Rated Driving free of charge the non-exclusive right, unlimited in time, geography and the user the non-exclusive, temporally, geographically and content-wise unrestricted right to exploit the content in particular to make the contents publicly accessible, to reproduce, to distribute and to and to edit it as described below, as far as this is necessary for the implementation of the this contract is necessary for the implementation of the listing on Rated Driving regulated in this contract. The aforementioned granting of rights includes the right to reproduce the contents in any print media (e.g. magazines, newspapers, trade press, posters, etc.).

2. (e.g. magazines, newspapers, trade press, posters, flyers, brochures, newsletters); the right to combine the contents with other with other content (text, images, hyperlinks, trademarks, logos, etc.) and other advertising material and to and to use these links in accordance with this agreement; the right to edit the contents or have them or have it edited, in particular to reduce it, enlarge it, divide it, shorten it, modify it and use it in accordance with this agreement and to use these adaptations in accordance with this agreement (Rated Driving will not change the content statements and information of the user to the advertisement);

12. Warranty

1. Rated Driving assumes no responsibility for the accuracy and timeliness of the data that which the user enters into the Rated Driving databases. The Rated Driving databases are at least 95% available on a monthly average. Due to the implementation of necessary maintenance work and improvements, it may occur that individual functions are briefly not be available for a short period of time.

2. Rated Driving is exempt from the obligation to perform in cases of force majeure. Force majeure is defined as all unforeseen events as well as such events whose effects on the fulfilment of the fulfilment of the contract are not the responsibility of either party. Such events include in particular lawful industrial action, also in third party companies, official measures, breakdown of communication networks and gateways of other operators, disruptions in the area of line providers, other technical disruptions, even if these circumstances occur in the area of subcontractors, subcontractors or their subcontractors or at operators of sub node computers authorised by the supplier. Claims arise for the user in the case of failures not caused by Rated Driving for which Rated Driving is not responsible.

13. Privacy

1. For the purposes of applicable data protection legislation, Rated Driving will process any personal data you have provided to it in accordance Privacy Policy available on the Rated Driving website or on request from Rated Driving.

2. You agree that, if you have provided Rated Driving with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Rated Driving and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Rated Driving’s website or otherwise provided a copy of it to the third party. You agree to indemnify Rated Driving in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

14. Disclaimers

1. Rated Driving makes no warranty or representation that the Services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

2. No part of this Service is intended to constitute advice and the Content of the Services should not be relied upon when making any decisions or taking any action of any kind.

15. Availability of the Services

1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

2. Rated Driving accepts no liability for any disruption or non-availability of the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

16. Non-Circumvention

1. You agree that you will not (a) notify or actively solicit any Instructor with respect to any further transactions or business outside the Rated Driving Services (b) release the name and/or account information of any Instructor to any other party unless required by court order, an authorised governmental or self-regulatory entity to do so (c) not to accept or offer any “cash in hand” transactions.

2. You further agree, that you will not, directly or indirectly, contact, deal with or otherwise become involved with any Instructor introduced, directly or indirectly, by or through Rated Driving, its officers, directors, agents or associates, for the purpose of avoiding the payment to Rated Driving of profits, fees or otherwise, without the specific written approval of Rated Driving.

3. You are required to notify us immediately if a instructor has offered you to circumvent Rated Driving.

4. Rated Driving has a zero tolerance policy towards circumvention. You agree that Rated Driving has the right to terminate your account without your permission and claim the full sums owed with immediate effect.

5. Any violation of this Clause 16 shall be deemed an attempt to circumvent Rated Driving, and the party so violating this Clause 16 shall be liable for damages in favour of Rated Driving.

17. Money Back Guarantee

Rated Driving offers Learners a no-obligation, “100% Moneyback guarantee” that covers the first hour of your First Driving Lesson and ends within 24 hours of the end of your First Driving Lesson. During this Period, a first time user can simply contact us by email (support@rateddriving.com) and after telling our Customer Service Team the reason why our services have not been as expected, receive a full refund and will be rebooked with a new instructor.

18. Refund Policy

At Rated Driving, we strive to ensure a transparent and fair refund process for our customers. Please carefully review the conditions and steps outlined below if you wish to request a refund:

How to Request a Refund:

  1. Email us at support@rateddriving.com or use the learner support chat.
  2. Ensure you’ve confirmed with your driving instructor the number of hours and total value for the refund.

Eligibility:

  • Payments made within the last 30 days will be refunded according to the agreed number of hours and total value between the learner and instructor.
  • Payments made over 30 days ago but within 60 days will be refunded 50% of the outstanding amount.
  • Payments made more than 60 days ago are not eligible for a refund.

Processing Time:

  • Refunds will be processed within 7-14 business days.

Discounted Packages:

  1. Refunds on discounted block bookings are calculated using the standard hourly rate. For instance, if the standard rate is £35 per hour, but a block booking offers 10 hours for £310 (£31 per hour): If you have used 5 hours and request a refund for the remaining 5, your refund will be based on the standard rate. Calculation: £310 (block rate) – £175 (5 hours x £35) = £135 refund.

Please Note:

  1. Refunds are issued by Rated Driving on behalf of the driving instructor.
  2. Funds will be returned to the original bank account from which the payment was made.

19. Cancellation Policy

You agree that you will give a minimum of 48 hours notice to the driving instructor via the chat on the Rated Driving app if you need to cancel your booked driving lesson. You agree that if you do not give at least 48 hours notice to the driving instructor that the payment that you have made for your booked driving lesson will be non-refundable.

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Notices

All notices/communications shall be given to us either by email to support@rateddriving.com. Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

23. Law and Jurisdiction

These terms and conditions and the relationship between you and Rated Driving shall be governed by and construed in accordance with the Law of England and Wales and Rated Driving and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.