Terms of Service
GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE DRIVING SCHOOL OFFICE WEBSITE AND WEB APPLICATION
Last Updated on 11th February 2022
ACCEPTANCE OF THE TERMS
Thank you for using DRIVING SCHOOL OFFICE, the full business management suite for driving schools, ADIs and their pupils. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the DRIVING SCHOOL OFFICE website at drivingschooloffice.co.uk and web application app.drivingschooloffice.co.uk (the “Website”), including but not limited to delivery of information via the Website.
Please read these Terms carefully.
By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Best & Partners, a trading entity for the individual partners responsible for the management of the website, Best & Partners operate under the laws of the United Kingdom. Do not access or use the Website if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website; or
Actually using the Services. In this case, you understand and agree that DRIVING SCHOOL OFFICE will treat your use of the Services as an acceptance of the Terms.
Best & Partners is a commercial company, providing the Services offered through the Website.
"We" or "us" refers to Best & Partners.
DRIVING SCHOOL OFFICE
“DRIVING SCHOOL OFFICE” is a web-based Internet platform, owned by Best & Partners, a partnership registered under the laws of the United Kingdom, having its seat and registered office at 1 Enterprise Road, Roundswell, Barnstaple, Devon, EX31 3YB, which enables users to use the Services of the Website, which are the subject of these Terms of Service.
"User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services, including without limitation a user having access to the User Account features of the Website.
"Services" include any and all services, which DRIVING SCHOOL OFFICE may offer to the User, through the Website.
"User Account" is a separate part of the Website, containing User information required by DRIVING SCHOOL OFFICE during registration, driving school data, pupil’s appointments and others. The User Account is accessed by the User through entering an email and a password.
"Content" will include (but is not limited to) images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.
"Your Content" or "User Content" is the content, submitted by you, as a User of the Website. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as images, User Account information, calendar data and any other materials that you publicly display or are displayed in your User Account profile.
DRIVING SCHOOL OFFICE Content
"DRIVING SCHOOL OFFICE" means content that DRIVING SCHOOL OFFICE creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than DRIVING SCHOOL OFFICE or its Users and is available in or through the Services.
USING THE SERVICES
You hereby represent and warrant that you are at least sixteen (16) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Third Party Integration
Users have the opportunity to synchronise their Driving School Office calendar with Google Calendar. This allows driving instructors to easily access their booked classes through the Google interface. Users also have the opportunity to synchronise their Driving School Office account with their own Stripe payment account to handle payments from within the website.
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. Despite the fact that we value security highly and have made a two-step authentication process available during login, you agree to notify us immediately of any unauthorised use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
Communications from DRIVING SCHOOL OFFICE
By creating a User Account, you agree to receive certain communications in connection with the Website, our products and services.
CHANGES TO THE TERMS
DRIVING SCHOOL OFFICE may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. When Driving School Office makes changes to their terms of service you will be required to give us your renewed consent upon first signing into your Driving School Office account. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
TRANSLATION OF THE TERMS
DRIVING SCHOOL OFFICE may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with DRIVING SCHOOL OFFICE. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
Responsibility for Your Content
You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information, i.e. driving hours, calendar data and other events. You may not imply that the content published is in any way motivated, sponsored or endorsed by DRIVING SCHOOL OFFICE.
You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
Right to use Your Content
By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content on the territory of the European Union. This includes the right to sub-license and transfer.
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.
You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.
Ownership of Content
As between you and DRIVING SCHOOL OFFICE, you own Your Content. We own the DRIVING SCHOOL OFFICE Content, including, among others, visual interfaces, interactive features, graphics, calendars, design, compilations, including (but not limited to) our database of user content and other DRIVING SCHOOL OFFICE Content, computer code, products, software, and all other elements and components of the Website, excluding User Content and Third Party Content. We also own the copyrights, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the DRIVING SCHOOL OFFICE Content, the Website, including the Driving School Office registered Community Trademark. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the DRIVING SCHOOL OFFICE Content, in whole or in part, except as expressly authorised by us.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:
Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Violates those Terms;
Violates any applicable law;
Threatens, harms, harasses others, or promotes discrimination;
Promotes a business or other commercial venture or event, or otherwise uses the Website for commercial purposes, except in the case of driving schools that promote their own entity;
Engages in keyword spamming, or otherwise attempts to manipulate the Website's search results;
Solicits personal information from minors, or submits or transmits pornography.
Apart from that, the User agrees not to:
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website or its Content.
Use any robot, spider, site or mobile app search/retrieval application in the Website;
Make attempts to reverse engineer any portion of the Website;
Remove or modify any IP rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
Record, process, or mine information about other Users and clients;
Attempt to gain unauthorised access to the Website, the User Accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means;
Use the Website or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of DRIVING SCHOOL OFFICE, and this action should be considered as if it was included in this clause.
RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.
THIRD PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent through the Website to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and Third Party Content. Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by DRIVING SCHOOL OFFICE and DRIVING SCHOOL OFFICE is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website.
You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Website may contain such advertising information or promotional material or other material submitted to DRIVING SCHOOL OFFICE by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than DRIVING SCHOOL OFFICE, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. DRIVING SCHOOL OFFICE will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website.
USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against DRIVING SCHOOL OFFICE and its users, any claims and assertions of any moral rights contained in such Feedback.
Payment is done exclusively by credit/debit card and all transactions are handled through Stripe. We accept Visa, MasterCard, Maestro, American Express. All payments made to us are processed by Stripe (https://stripe.com/).
Driving schools are charged depending on their size in terms of number of instructors. Pupils also have the opportunity to pay for their lessons with driving school members through the Website. DRIVING SCHOOL OFFICE only acts as an intermediary between pupils and driving schools and only accepts payments from pupils on behalf of driving school members. DRIVING SCHOOL OFFICE does not hold any payments made to driving schools in its own accounts. We nevertheless charge customers £0.30 per transaction, in addition to the fees Stripe imposes on each payment. For more information about Stripe fees, please visit https://stripe.com/gb/pricing.
All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. Following clearance, payment will be debited from your account upon receipt of your subscription by DRIVING SCHOOL OFFICE.
If the issuer of your payment card refuses to authorise payment to Best & Partners, we will not be able to process your subscription request and a message will appear informing you that the transaction cannot be processed. Best & Partners, together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Website are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the Best Group UK Limited server.
Additional charges for text message reminders may be imposed. Each text message is charged at a flat fee rate of £0.05 plus VAT.
DRIVING SCHOOL OFFICE cannot offer a refund of any unused subscription, for which a User has already paid. Subscriptions may be cancelled at the end of each billing cycle and with a notice of termination sent to DRIVING SCHOOL OFFICE.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorised users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, Best & Partners DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. DRIVING SCHOOL OFFICE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE DRIVING SCHOOL OFFICE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, INCLUDING DRIVING INSTRUCTORS AND DRIVING SCHOOLS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH DRIVING SCHOOL OFFICE, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORISED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANISATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
DRIVING SCHOOL OFFICE MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS THAT CAN BE SEEN ON THE WEBSITE OR OTHER USERS OF THE SERVICES. DRIVING SCHOOL OFFICE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE.
YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
DRIVING SCHOOL OFFICE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO DRIVING SCHOOL OFFICE FOR ACCESSING THE WEBSITE AND THE SERVICES.
DRIVING SCHOOL OFFICE DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website and the Services shall be resolved individually, without resort to any form of class action.
Any and all claims, judgements, and awards shall be limited to the actual out-of-pocket amount paid by you to DRIVING SCHOOL OFFICE for accessing the Website and the Services, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of DRIVING SCHOOL OFFICE.
This Agreement and all rights and obligations in connection with it are governed by English law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent courts of England and Wales
You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website or providing DRIVING SCHOOL OFFICE with a notice of termination.
We may close your User Account, suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind with a 60 days’ prior notice. Any such action could prevent you from accessing your User Account, the Website, Your Content, DRIVING SCHOOL OFFICE Content and/or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms, by email or through the Website.
Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and DRIVING SCHOOL OFFICE regarding the use of the Website.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
In order to address a question, to resolve a complaint regarding the Website or the DRIVING SCHOOL OFFICE Services, or to receive further information regarding the Services, please contact DRIVING SCHOOL OFFICE using one of the following methods:
Address: Best & Partners, 1 Enterprise Road, Roundswell, Barnstaple, Devon, EX31 3YB
Telephone: 0330 113 2450