WEBSITE TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the Terms and Conditions on which we may provide online lessons, tests and other services and products through the website www.1driver.co.uk (the “Site”). Please read these Terms and Conditions carefully and make sure that you understand them, before registering your account with us or placing any order with us for any services or products.
You should print a copy of these Terms and Conditions for future reference.
1. INFORMATION ABOUT US
The Site is operated by UAB DrivingED ("DrivingED" or “us”). UAB DrivingED company number 302653177, VAT number is LT100006295419.
2. BASIS OF CONTRACT
2.1. By placing an order through the Site, you warrant that you are legally capable of entering into binding contracts.
2.2. Your order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms our acceptance of your order and adding credits to your account (“Confirmation”). The contract between you and us (“Contract”) will only be formed on Confirmation.
2.3. Payments made to us in under any Contract are non-refundable.
2.4. If you enter into any Contract as a consumer, no provision of these Terms and Conditions shall affect your statutory rights as a consumer.
3. QUALITY AND PROVISION OF PRODUCTS AND SERVICES
3.1. Unless we are prevented from doing so by a Force Majeure Event, we will provide products and services which:
3.1.1. conform materially with their specific description (if any);
3.1.2. in the case of services, are carried out with reasonable care and skill; and
3.1.3. are fit for any purpose advertised, provided that we do not warrant that your use of our services will be uninterrupted or error-free; nor that the services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and we will not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.
3.2. You must not share, sell, transfer, rent or sublicense any service or part of any service to any third party.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce in connection with any products or services will belong to us absolutely (provided that Crown copyright material on the Site is reproduced under licence from the Driving Standards Agency, which does not accept any responsibility for the accuracy of the reproductions).
4.2. You may not use the materials, documents or other items detailed in clause 4.1 for any commercial purpose.
5. PRICE AND PAYMENT
5.1. The price of any products or services will be as quoted on the Site from time to time, except in cases of obvious error. Prices include VAT.
5.2. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
5.3. Products and services ordered through the Site may be paid for by credit or debit card or via PayPal. We accept payment with Visa, MasterCard, American Express and Discover cards.
5.4. You expressly agree that we may make credits available to you immediately after accepting your order. As a result, subject to applicable law, you will have no right to cancel or to a “cooling off period” in respect of your purchase of credits, which purchase shall be complete as soon as we make those credits available.
6. OUR LIABILITY
6.1. Subject to clause 6.2, if we fail to comply with these Terms and Conditions, we shall only be liable to you for the price paid by you in respect of any goods or services and we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.
6.2. Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
7. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and 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.
8. NOTICES
All notices given by you to us must be given to DrivingED at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 7 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under any Contract is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11. GENERAL
11.1. No waiver of any of right or default under the Contract will be effective unless communicated in writing. A waiver by us of any default will not constitute a waiver of any subsequent default.
11.2. If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
11.3. These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. You acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
11.4. We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Confirmation.
11.5. A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
11.6. Contracts for the purchase of goods or services through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
UAB DrivingED is registered in Lithuania under company number 302653177 and has its registered office at Subaciaus str. 12-8, Vilnius 01302, Lithuania. DrivingED’s VAT number is LT100006295419.
You should print a copy of these Terms and Conditions for future reference.
1. INFORMATION ABOUT US
The Site is operated by UAB DrivingED ("DrivingED" or “us”). UAB DrivingED company number 302653177, VAT number is LT100006295419.
2. BASIS OF CONTRACT
2.1. By placing an order through the Site, you warrant that you are legally capable of entering into binding contracts.
2.2. Your order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms our acceptance of your order and adding credits to your account (“Confirmation”). The contract between you and us (“Contract”) will only be formed on Confirmation.
2.3. Payments made to us in under any Contract are non-refundable.
2.4. If you enter into any Contract as a consumer, no provision of these Terms and Conditions shall affect your statutory rights as a consumer.
3. QUALITY AND PROVISION OF PRODUCTS AND SERVICES
3.1. Unless we are prevented from doing so by a Force Majeure Event, we will provide products and services which:
3.1.1. conform materially with their specific description (if any);
3.1.2. in the case of services, are carried out with reasonable care and skill; and
3.1.3. are fit for any purpose advertised, provided that we do not warrant that your use of our services will be uninterrupted or error-free; nor that the services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and we will not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.
3.2. You must not share, sell, transfer, rent or sublicense any service or part of any service to any third party.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce in connection with any products or services will belong to us absolutely (provided that Crown copyright material on the Site is reproduced under licence from the Driving Standards Agency, which does not accept any responsibility for the accuracy of the reproductions).
4.2. You may not use the materials, documents or other items detailed in clause 4.1 for any commercial purpose.
5. PRICE AND PAYMENT
5.1. The price of any products or services will be as quoted on the Site from time to time, except in cases of obvious error. Prices include VAT.
5.2. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
5.3. Products and services ordered through the Site may be paid for by credit or debit card or via PayPal. We accept payment with Visa, MasterCard, American Express and Discover cards.
5.4. You expressly agree that we may make credits available to you immediately after accepting your order. As a result, subject to applicable law, you will have no right to cancel or to a “cooling off period” in respect of your purchase of credits, which purchase shall be complete as soon as we make those credits available.
6. OUR LIABILITY
6.1. Subject to clause 6.2, if we fail to comply with these Terms and Conditions, we shall only be liable to you for the price paid by you in respect of any goods or services and we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.
6.2. Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
7. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and 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.
8. NOTICES
All notices given by you to us must be given to DrivingED at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 7 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under any Contract is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11. GENERAL
11.1. No waiver of any of right or default under the Contract will be effective unless communicated in writing. A waiver by us of any default will not constitute a waiver of any subsequent default.
11.2. If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
11.3. These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. You acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
11.4. We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Confirmation.
11.5. A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
11.6. Contracts for the purchase of goods or services through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
UAB DrivingED is registered in Lithuania under company number 302653177 and has its registered office at Subaciaus str. 12-8, Vilnius 01302, Lithuania. DrivingED’s VAT number is LT100006295419.