Terms and conditions for organisations and businesses (Driving lesson bookings only)

These terms and conditions (the Terms) govern access to and bookings made on our online booking platform (which can be found here) (the Platform) by any organisation or business (an Organisation) on behalf of their staff, and other individuals or end-users (each an Individual).

Our Platform enables an Organisation or an Individual to book driving tuition services (Driving Services) which will be provided by a third-party driving instructor who runs their own business (a Driving Instructor).

Any Driving Services booked through our Platform will be provided by a Driving Instructor under a separate contract between the Individual and the Driving Instructor. We simply enable bookings and receive payment via our Platform.

There are separate terms and conditions that govern the use of the Platform by an Individual and also govern the booking terms for Driving Services, including cancellations and refunds.  If you are an Individual, please refer to those terms and conditions which are available here.

We may change these Terms from time to time by publishing modified terms on our website. If this happens, any changes will take effect straight away. Your continued use of our Platform after a change has been posted will be deemed to signify your acceptance of the modified terms. 

These terms

1. These terms These Terms cover your use of the Platform, which enables you to (i) book Driving Services with Driving Instructors on behalf of an Individual (ii) make payments for those Driving Services on behalf of an Individual (iii) set up an Individual with their own profile or account on the Platform in order to enable them to book Driving Services for themself on the Platform and (iv) apply payment or credit to the profile or account of an Individual so that the Individual can use such payment or credit to book Driving Services for themself on the Platform (the Platform Services).

2. Our Privacy Policy, and our Website Terms are incorporated into these Terms and set out how we manage any data collected via our Platform and your use of the website upon which this Platform resides. Both our Privacy Policy and our Website Terms are subject to change from time to time in accordance with their terms. However, we will not use data collected from our Platform to communicate to Individuals about other product or services

3. You acknowledge and agree that we may process your personal data in accordance with our Privacy Policy and that you are authorised to provide us with the personal data of any Individual on whose behalf you are using the Platform Services. You must make any Individual associated with your Organisation aware that you will need to share their personal information with us in order to book Driving Services on their behalf or to set up a profile or account for the Individual on the Platform, including their name, email address, phone number, home address, driving licence stage and previous driving experience. In addition, you must notify any such Individual that we may share their lesson schedule, booking status and post-lesson notes with you in order to keep you updated and for your own internal reporting purposes.

4. These Terms represent an agreement between your Organisation and AA Driver Training Limited. By using the Platform Services, you agree to be bound by these Terms. If you do not accept these Terms, please do not use our Platform

1. We are AA Driver Training Limited (trading as the AA Driving School) and our registered office is at Level 5, 20 Viaduct Harbour Avenue, Auckland, 1010.

2. For any queries relating to Driving Services, we suggest that you contact the relevant Driving Instructor in the first instance. To speak to us about the Platform Services, please contact us AAdrivertaining@aa.co.nz

1. Any bookings for Driving Services made via our Platform will be governed by our Driving School - Terms and Conditions which can be found here. You must read and understand those terms and conditions as they govern various matters which may affect your ability to book Driving Services on behalf of an Individual, such as an Individual’s eligibility for lessons, special offers and discounts, changes to bookings, cancellations and refunds. We are not liable if you book Driving Services on behalf of an Individual and their lesson is cancelled without any refund in circumstances permitted by those terms and conditions, including, without limitation, because the Individual does not meet the eligibility criteria for the relevant lesson or they do not adhere to our code of conduct.

2. If any Platform Services are delayed by an event outside of our control or outside of the control of the AA group of companies, then we will contact you as soon as possible and take steps to minimise the effect of the delay. Provided we do this then we will not be liable for delays caused by the event, but if there is a substantial delay then you may contact us to end our contract with you.

3. We may have to suspend the Platform Services to: (i) deal with technical problems or make minor technical changes; or (ii) update the Platform Services to reflect changes in relevant laws and regulatory requirements.

1. The “Fees” are the sum(s) which you agree to pre-pay for Driving Services on behalf of an Individual associated with your Organisation and which we collect on behalf of Driving Instructors. The Fees include GST and are calculated in New Zealand dollars (NZD) unless stated otherwise. The Fees will be shown on the booking page on our Platform when you book any Driving Services or will be included on any invoice addressed to you for the payment of Driving Services.

2. You may top up your account by pre-paying additional funds to purchase additional Driving Services. You may also request a refund of pre-paid amounts for Driving Services not yet provided, subject to any applicable late cancellation fees. Pre purchase lesson vouchers/packages are valid for 24 months, at which point they will automatically transfer to account credit (NZD) based on their original purchase value.

3. Unless we have agreed that we will apply credit to your account and invoice you separately for that credit (either in advance of applying that credit or after applying that credit), all payments for Driving Services must be made on the Platform via a third-party payment platform that may change from time to time. You confirm that the payment card you use belongs to your Organisation or that you have been specifically authorised to use it to purchase the Driving Services. Where we invoice you separately for any credit that we apply to your account you must pay that invoice by the due date set out in that invoice.
4. Where payment is made via a third-party payment platform, we do not collect, hold or process your payment details at any time throughout the booking and your payments will be subject to the terms and conditions of the third party payment platform. 
5. We do not accept any responsibility for any payments made directly to Driving Instructors or any other third parties (whether for booking additional lessons or otherwise).

1. If you are terminating these Terms for one of the following reasons then these Terms will end immediately, and we will refund you in full for any Driving Services which have been paid for but not yet provided. The reasons are: (i) we have told you about an upcoming change to the Platform Services or amended these Terms in a manner which you do not agree to; (ii) the supply of the Platform Services has been significantly delayed because of events outside our control; (iii) we have suspended supply of the Platform Services for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or (iv) you have a legal right to end these Terms because of something we have done wrong.

1. We may terminate these Terms at any time by writing to you if: (i) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or (ii) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Platform Services; or (iii)  if you or one of your Authorised Users otherwise breaches these Terms.

2. If we terminate these Terms in the situations set out in Paragraph 6.1 then we will refund any money you have pre-paid for lessons that have not been taken, but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breach of these Terms.

1. You can only transfer lessons which have been purchased or pre-paid in one Individual’s name to another Individual if they are also associated with your Organisation.

1. We are not responsible for the following losses incurred by you (or anyone else using the Platform Services):

• As we only provide the Platform Services, we are not responsible for any loss or damage arising from any Driving Services provided by a Driving Instructor as this is performed under a separate contract between an Individual and a Driving instructor. 
• Losses caused by a delaying event outside our control. As long as we comply with the steps set out in Paragraph 3.2.
• Losses which are avoidable. This includes losses caused by you or which you could have avoided by taking reasonable action (including by following our reasonable instructions relating to the Platform Services).
• Consequential losses. This includes any loss of actual or anticipated income or profits, or any special, indirect or consequential loss or damage of any kind howsoever arising and whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, whether or not such loss or damage is foreseeable, foreseen or known and whether or not we had been advised of or were aware that such damages may be incurred.

2. We do not exclude or limit in any way our liability where it would be unlawful to do so. We do not exclude our liability for: (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
3. Limitation on our liability. Subject to Paragraphs 8.1 and 8.2, the most that we will pay you in relation to losses that you incur under these Terms is limited to $1,000 or the total Fees paid by you (whichever is greater).
4. Nothing in these Terms will affect any of your statutory rights.

1. On registering with our Platform, certain persons within your Organisation will be authorised by your Organisation to access and use the Platform on behalf of your Organisation (each an Authorised User).  Each Authorised User will be issued with access credentials which must be used to access your Organisation’s account. Those access credentials are personal to that Authorised User and are not transferable under any circumstances. You must not authorise or permit any other person to use your account. You must ensure that each of your Authorised Users takes reasonable care to protect and keep confidential your access credentials and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of any access credentials. If any Authorised User leaves employment with you or their engagement with you ends, you must contact us to ensure their access credentials are terminated immediately. You will be responsible for any act or omission of any of your Authorised Users. Authorised User accounts will be set up with a 30 day timeout feature, as such, users logging in less frequently will need to contact AA Driver Training to get their access reinstated by emailing AADrivertraining@aa.co.nz

2. Your access credentials are the method used by us to identify you and are very important. You are responsible for all information posted on our Platform by anyone using any username and password associated with your Organisation and any payments due as a result of the use of the Platform Services or our Platform by anyone using any username and password associated with your Organisation.
3. You may not adapt or circumvent any systems in place in connection with our Platform.  

1. We do not guarantee that our Platform will be uninterrupted or fault free, that defects will be corrected or that our Platform or that the service that makes them available are free from viruses, errors or anything else which may have a harmful effect on any technology.  We may, without notice, suspend our Platform for repair, maintenance, improvement or for any other reason whatsoever. 

1. We may transfer all or part of our rights or obligations under these Terms to someone else, provided that we will take reasonable steps to ensure that your rights under these Terms are not prejudiced. You may only transfer your rights or obligations under these Terms with our prior written consent.

2. These Terms are between you and us (being AA Driver Training Limited). None of the terms and conditions of these Terms are enforceable by anyone else other than you and us, provided that these Terms may be enforced by any member of the AA group of companies.

3.  If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

4. If these Terms end whether by expiry or termination then this will not affect our right to receive any money which you owe to us under it.
5. Our failure to enforce or rely on any of the terms and conditions of these Terms on a particular occasion or occasions will not prevent us from subsequently relying on or enforcing them.
6. The headings used in these Terms are for convenience only and shall not affect the interpretation of their contents. Any words following the terms “including”, “in particular”, “for example” or any similar expression are illustrative and will not limit the sense of the words preceding those terms.
7. These Terms are governed by the laws of New Zealand and you can only bring legal proceedings in respect of the Platform Services in the courts of New Zealand.
8. We may send all notices under these Terms by email to the most recent email address you have supplied to us.