Online driver training course terms and conditions
The online driver training course (Course) is provided by NRMA Driver Training Pty Limited ACN 122 086 248 (NRMA, we, our or us).
A business can set up an account with us, and nominate people to undertake the Course (Participant). Individuals other than Participants can register to undertake the Course themselves (Individual Participant), or can set up an account with us and nominate Participants. In these Terms, Participants and Individual Participants are referred to as Users, and businesses and individuals who nominate Participants are referred to as Customers.
The Course
The Course consists of 19 modules. Users must complete all modules to complete the Course.
Customers must provide the name and email address of all Participants to us. We will use this information to send a link to the Course to those Participants.
Users must register for the Course via a link sent to the User, within 36 hours of receiving the link. We may send updated links to Users if requested by the User or a Customer. Users must create their own password, and are responsible for the safety and security of that password.
If a User fails to complete the Course with 12 months of the link first being provided to them, their access to the Course will terminate and any fees paid (by them or a third party) will be forfeited. It is the Customer’s or User’s obligation (as applicable) to ensure that Users complete the Course within this period.
Users warrant that they are over 18, and hold a current Australian driver’s license (other than a learner licence). Customers warrant that any Participant nominated by them complies with these requirements.
Users and Customers acknowledge and agree that:
- the Customer is responsible and liable for each Participant’s use of the Service;
- we may remove access to the Course should unforeseen circumstances occur, in which case we will contact Customers and/or Users to arrange alternative access;
- they must comply with all applicable laws and regulations and codes of conduct when accessing the Course;
- we do not warrant that the Course is virus free, and Users must take their own precautions to protect their systems in this respect;
- the Course is not, and should not be used as, a substitute for hands-on driving experience;
- we do not warrant that access to the Course will be error free or uninterrupted; and
- access to the Course may be temporarily unavailable from time to time at our discretion for maintenance, upgrading or other reasons.
Customers and Users must not:
- share their link or other access details or credentials with any other person;
- do, or to attempt to do, or allow anything to be attempted or done which may disable, damage, provide unauthorised access to or otherwise interfere with the proper functioning of the Course;
- impersonate any person or entity;
- license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Course available to any third party, other as expressly permitted by these Terms;
- modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer, or hack the Course;
- use the Course in any unlawful manner;
- use the Course to knowingly transmit, post, upload, link to, send or store any viruses or any other similar harmful software, content that may be offensive, material that is in violation of any law, or content that may be offensive; or
- attempt to gain unauthorised access to any materials or data.
Access to and participation in the Course requires a high speed Internet connection. It is the responsibility of each User to procure and maintain the network connections that allow access to the Course.
Subject to any warranty or condition that cannot be excluded, restricted or modified by applicable law including the Competition and Consumer Act 2010 and the Australian Consumer Law (Non-Excludable Condition), we exclude all conditions and warranties which are not expressly included in these Terms.
Subject to Non-Excludable Condition, all content in the Course is provided as is, without any warranties of quality, accuracy, completeness or fitness for any particular purpose.
Payment
Unless otherwise agreed with us, all bookings must be paid for in full prior to a User commencing the course.
If a Customer wishes to cancel the Course it must do so before logins are sent and the Customer will receive a full refund for the relevant part of the Course fee. If a Customer cancels all or part of a Course after logins are sent, all fees relating to those logins are forfeited.
Subject to any Non-Excludable Condition, prices and availability of services are subject to change at any time without notice. We reserve the right to correct pricing errors at any time. If we discover a pricing error, we will attempt to notify Customers and Individual Participants as soon as possible about the error and refund any fees for the Course if that Customer or Individual Participant chooses not to proceed.
All prices are in Australian Dollars and inclusive of GST. Payments can be made with valid credit cards (Visa and MasterCard), via our secure payment gateway or BPAY.
Customers warrant to us that any purchase made by them from us under these Terms is not for the purpose of commercial resale.
Data analytics
All rights and interests in any information, results or data collected by us in the course of a User’s access to, participation in, and completion of, a Course (Data Analytics) will be owned by us. Where a business is granted the rights to create reports using Data Analytics, we hereby grant to Customers a royalty-free licence to use such data for their internal business purposes only.
Subject to Non-Excludable Condition, all Data Analytics are provided as is, without any warranties of quality, accuracy, completeness or fitness for any particular purpose.
Content
The intellectual property rights in all content of the Course belongs to us or our licensees. Nothing in these Terms grants any User or Customer any intellectual property or other rights in the content of a Course.
You must not reproduce any of the material contained in the Course other than expressly permitted in these Terms.
The NRMA & NRMA driver training logos are registered trademarks of us or our related bodies. Nothing in these Terms grants any license or right of use of such logo or trademark without our express written permission.
The information provided in the Course is general information and (subject to any Non-Excludable Condition) we do not guarantee the accuracy of the information as it may vary over time.
Certification
We will send a notification to the Customers upon the User’s completion of the Course. An additional fee may be payable if a Customer or User requires a certificate of completion of the Course. Any certificate of completion is a certificate of participation only and is not to be construed as a representation of any particular level of driving skill or qualifications.
The Course is not an accredited training program, and completion of the Course does not entitle a User to any accreditation.
Liability and Indemnity
Each User and Customer indemnifies and will keep indemnified NRMA from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands arising out of or in connection with its failure to comply with these Terms or any applicable laws.
Subject to any Non-Excludable Condition, we are not responsible or liable whatsoever whether in contract, tort, equity or otherwise for any loss or damage, however caused (including negligence) which:
- a Customer or User may suffer in connection with their use of the Course or any Data Analytics;
- arises from any action or omission of a Customer or User as a result of participating in and/or relying on any information contained on the Course or any Data Analytics; or
- arises as a result of any error, inadequacy, deficiency, flaw in or omission from the information provided in the Course or any Data Analytics.
We are not liable to any User, Customer or third party for any indirect or consequential losses, or for any actual or anticipated loss of opportunity, goodwill, productivity, business or savings.
Any loss of damage suffered by a Customer or User will be limited to the fees paid by that Customer or User in the immediately preceding 12 months.
Any breach by us of a Non-Excludable Condition is, to the extent permitted by law, restricted at our option, to the re-supply of the services or the payment of the cost of having those services re-supplied.
Privacy
When setting up an account, Customers must provide their full name, phone number, email address and billing details. Individual Participants must provide the same information when they register to under the Course themselves.
Customers must provide the Participant’s name and email address to us, and warrant that they have consent from the User to do so.
Customers may, and Participants acknowledge and agree that Customers may, access information associated with a Participant’s participation in a Course, including that Participant’s completion of any or all modules, and the number of attempts made to complete a module.
Any personal information provided by Customers or Users is governed by our Privacy Policy, available on the NRMA website (www.mynrma.com.au).