1. Who we are and what this agreement covers
1.1 Learner Pass Pty Ltd (ABN 66 673 553 154) (“LearnerPass”, “we”, “our” or “us”) operates an online platform that helps learner drivers (“Learners”) find, book and pay for driving lessons provided by independent driving instructors (“Instructors”).
1.2 These terms apply to anyone who accesses or uses LearnerPass. Sections 1–5 and 9–13 apply to all users. Section 6 applies to Learners, and sections 7–8 apply to Instructors. Where a person acts in both roles, the obligations for each role apply to their corresponding activities.
1.3 LearnerPass operates the marketplace and associated booking, account and payment-management tools. LearnerPass does not itself provide driving instruction, employ Instructors to teach lessons, or guarantee that any particular Instructor or lesson slot will be available. The agreement to deliver a lesson is between the Learner and the Instructor, subject to LearnerPass’s platform and payment arrangements.
1.4 The Privacy Policy explains how personal information is managed. Additional published policies, the applicable booking terms and disclosed fee arrangements apply where expressly presented to the user. These Terms do not replace non-excludable rights under Australian law. If a specific disclosed booking condition and this document conflict, mandatory law prevails; otherwise the more specific booking condition applies only to the transaction it governs.
2. Accounts, eligibility and security — everyone
2.1 Users must provide accurate, complete account and contact details and keep them current. You must safeguard your login credentials, not share accounts or misuse another person's account, and promptly report suspected unauthorised access.
2.2 A Learner must hold an appropriate valid licence or learner permit for the lesson and meet the legal age and eligibility rules that apply in their jurisdiction. Learners under 18 must have any parental or guardian consent required by law and by the registration process. Instructors must satisfy all professional licensing, business and identity eligibility requirements described in section 7 before offering lessons.
2.3 We may request reasonable information to verify identity, account eligibility and compliance. An Instructor's public listing depends on approval and continuing compliance. Registration or approval does not guarantee a minimum number of bookings.
2.4 Users must not submit false information, interfere with the platform, scrape personal data, impersonate others, circumvent account or payment protections, harass others or use LearnerPass for unlawful purposes.
3. Platform use, availability and communication — everyone
3.1 Lessons, lesson types, availability, service suburbs, vehicle information, prices and any disclosed charges are shown through the Platform and may change for future bookings. A lesson is confirmed only when the Platform records a successful booking under its applicable checkout/payment flow.
3.2 Learners and Instructors must keep relevant booking information accurate, check notifications and contact the other party or LearnerPass promptly about issues affecting safe or timely delivery. An external message or verbal agreement does not by itself change the Platform's recorded booking or cancellation status.
3.3 Users must communicate respectfully. Threatening, discriminatory, unsafe, misleading or abusive conduct is prohibited. We may investigate reports and take proportionate action, including limiting listings or account access, while respecting applicable legal rights.
3.4 No user may solicit off-platform payment for a booking made through LearnerPass. Instructors remain free to operate independent businesses and teach customers they obtain independently, subject to section 8 on bookings introduced through the marketplace.
4. Prices, payments and cancellation rules — everyone
4.1 The applicable lesson price and any charges must be disclosed through the Platform before the Learner confirms a booking. Instructors manage their permitted lesson prices; LearnerPass administers platform fees under the Instructor's applicable disclosed fee arrangements. Amounts are in Australian dollars, and GST is included or identified as applicable. No conflicting price, fee or payout figure in an email or policy overrides the amount actually recorded for a transaction.
4.2 Learners generally pay through the Platform's approved payment processor rather than paying the Instructor directly for marketplace bookings. Failed or incomplete payments may leave a booking unconfirmed. The Platform records the resulting payment and booking status; a payment receipt alone does not change that status.
4.3 When a Learner cancels a lesson through the Platform at least 24 hours before its scheduled start, the current standard cancellation calculation provides a full eligible lesson refund or credit. When a Learner cancels at least 6 but less than 24 hours before, an Instructor-configured cancellation fee may be retained and the remainder returned as eligible credit. For cancellations less than 6 hours before the start, the standard calculation may provide no refund or credit for a change of mind. Exact amounts depend on the recorded booking and applicable transaction and must be shown before cancellation is confirmed. These windows do not remove statutory rights or remedies.
4.4 If an Instructor cancels or fails to deliver an agreed lesson, LearnerPass will arrange the applicable full credit, refund or other remedy through the Platform, subject to the circumstances and mandatory law. LearnerPass may review exceptional cases, payment disputes, safety concerns or corrections to recorded transactions.
4.5 Cancellation credits may be recorded in the Learner's account and carry the expiry conditions disclosed when issued. Where applicable law requires a refund to the original payment method or another remedy, that legal entitlement is not replaced by account credit. We will not automatically confiscate valid credits solely because an account closes. Booking and refund history will be retained as required for dispute, accounting and legal purposes.
4.6 Learners should cancel using the Platform's cancellation feature or contact Support where it is unavailable. Telling an Instructor directly may help operationally but does not alone update the booking system or establish a completed cancellation.
5. Privacy, intellectual property and general obligations — everyone
5.1 We handle account, booking, payment and contact information under our Privacy Policy and applicable law. Only share another person's information for authorised lesson delivery or lawful purposes. Instructors must not export, publish, market to or otherwise misuse Learner data supplied through the Platform.
5.2 Do not disclose another person's sensitive, licence, identity or banking information outside an appropriate and secure channel. Health or fitness-to-drive information should be handled only where reasonably necessary for safety and in accordance with applicable privacy obligations.
5.3 LearnerPass and its licensor's own or license the Platform's software, branding, designs and content. We grant a limited, revocable, non-transferable right to use the Platform for its intended purposes while these Terms apply. You may not copy the service, extract its source code, scrape private records or remove ownership notices except where law permits.
5.4 Feedback may be used to improve the service, subject to privacy law and any intellectual property rights that cannot be transferred without consent.
6. Learner-specific obligations
6.1 Learners must bring and hold the required valid permit or licence, comply with applicable road rules, follow reasonable safety directions, and act with care while driving. Learners must not begin or continue a lesson while impaired by alcohol, drugs, fatigue or any other condition making it unsafe to drive.
6.2 Learners must advise the Instructor of any relevant safety limitation that could reasonably affect driving or lesson delivery, using a proportionate and privacy-respecting method. The Instructor may refuse or stop an unsafe lesson; any resulting charges or remedy will depend on the circumstances, applicable cancellation terms and law.
6.3 Learners must arrive on time, treat the Instructor and their vehicle respectfully, and take reasonable care of property. Responsibility for fines, damage or injury depends on the person's actual conduct, applicable insurance and law; it is not automatically assigned to the Learner in every case.
6.4 Learners should promptly report unsafe conduct, non-attendance, inaccurate lesson details or other service problems through Contact Support. LearnerPass may investigate, help resolve the dispute, and restrict or remove an Instructor listing where warranted.
7. Instructor-specific eligibility, service and safety obligations
7.1 An Instructor operates an independent business and is not an employee, agent, partner or joint venturer of LearnerPass merely by using the Platform. The Instructor is responsible for delivering their driving lessons lawfully and professionally, including checking the Learner's licence or permit before a lesson.
7.2 Instructors must keep their required instructor and driver licences, accreditation, registration, Australian Business Number, checks and permissions current, and promptly notify LearnerPass of suspension, expiry or a material change affecting eligibility or safety. Working-with-children, criminal-history or other checks apply where required by law or the Platform's clearly disclosed verification requirements.
7.3 Instructors must maintain suitable insurance for paid driving instruction, a registered and roadworthy vehicle, appropriate safety equipment and any dual controls required by applicable law or verified Platform vehicle standards. Required proof must be provided when reasonably requested. Approval or document review by LearnerPass does not transfer the Instructor's legal or insurance responsibilities to LearnerPass.
7.4 Instructors must keep profile descriptions, qualifications, vehicles, service areas, lesson types, rates and availability accurate; arrive on time; perform the agreed service safely and professionally; and treat Learners and staff with respect. Do not misuse phones, behave discriminatory or provide instruction while unfit to drive.
7.5 An Instructor is responsible for their own income tax, GST where applicable, legally required business contributions, permits, insurance and other business obligations. No minimum earnings, lesson volume or guaranteed payout date is promised.
8. Instructor-specific fees, bookings, payouts and conduct
8.1 Instructors set their lesson rates through the rates and permitted controls made available to them by LearnerPass. Any platform fee, payment-processing deduction or other applicable charge must be disclosed in the Instructor's accepted fee schedule or account before applying. The amount charged and any authorised manual override are determined by the Platform's recorded transaction, not by approximate figures in this document.
8.2 Any future fee changes will be communicated with the notice legally required or expressly agreed under the then-current Instructor fee arrangement. Changes do not retrospectively alter completed transactions or already confirmed bookings without a lawful basis and appropriate consent.
8.3 LearnerPass collects permitted booking payments and arranges payment to Instructors through its approved payment provider, subject to confirmation, refunds, chargebacks, fraud reviews, fees and processing requirements. Actual payout timing and deductions are governed by the agreed account settings and transaction record. An Instructor should report any discrepancy through Support.
8.4 Marketplace-introduced Learner bookings must be recorded and paid through the Platform rather than diverted off-platform to avoid fees. This does not prohibit an Instructor from using other marketplaces or serving independently sourced clients. Any longer-term non-circumvention restriction requires explicit review for fairness and scope before becoming effective.
8.5 Instructors must respect Learner privacy, not collect unnecessary sensitive data, comply with the applicable published Code of Conduct and cooperate reasonably with support, refunds, safety investigations and lawful requests concerning completed or disputed lessons.
9. Service problems, complaints and disputes
9.1 Please use Contact Support to report booking discrepancies, refunds, unsafe conduct, suspected fraud or account issues. Provide relevant booking references and information without unnecessarily sharing private payment or identity documents.
9.2 LearnerPass may seek information from both parties, investigate platform transactions, make administrative account and payment adjustments within its agreed authority, and assist resolution. LearnerPass does not purport to make an unchallengeable final legal determination of a dispute between a Learner and Instructor.
9.3 Nothing in these Terms removes access to statutory remedies, regulators, tribunals or courts. Where a law requires a particular refund, remedy or process, that rule prevails.
10. Suspension, account closure and existing obligations
10.1 Users may request account closure. LearnerPass may suspend access temporarily to address credible security, compliance or safety risks, and may terminate an account for serious or repeated breaches, legal ineligibility, fraudulent activity or other substantiated grounds. Where practicable and appropriate, we will explain the reason and provide a reasonable opportunity to respond.
10.2 An Instructor may stop using the Platform, subject to reasonably dealing with already confirmed bookings and any agreed notice period. LearnerPass may stop offering marketplace access on reasonable notice, except where immediate action is needed for safety, illegality, fraud or a material breach. Any proposed 30-day notice period for ordinary Instructor termination requires confirmation before these Terms are adopted.
10.3 Closing an account does not extinguish rights to lawful refunds, valid credits, amounts properly owing, mandatory record retention or the resolution of existing complaints. The parties must cooperate reasonably to address outstanding bookings, customer communication, authorised payout adjustments and data access or deletion requests.
11. Liability and statutory rights
11.1 LearnerPass is a marketplace operator, and independent Instructors provide the driving instruction. Responsibility for an event is assessed according to each party's actual acts, omissions, contractual duties, insurance and applicable law.
11.2 To the extent permitted by law, the parties are not liable for loss that is remote or not reasonably foreseeable. Nothing in this document excludes, restricts or modifies a consumer guarantee, remedy or other right that cannot lawfully be excluded, including under the Australian Consumer Law.
11.3 No fixed-dollar liability cap or blanket exclusion of injury, negligence, fraud, gross misconduct or statutory obligations is asserted by this draft. Any enforceable limitation of liability must be separately reviewed by Australian legal counsel, considering consumer and small-business unfair contract term protections.
11.4 A user is responsible, to the extent required by law, for losses directly caused by their unlawful, fraudulent or negligent conduct or material breach. Nothing here creates a blanket indemnity covering LearnerPass's own wrongful conduct.
12. Changes, notices and interpretation
12.1 We may revise these Terms for future use, but will give reasonable notice of material changes, explain when they become effective, and provide an appropriate choice to stop future use. Changes do not unilaterally remove accrued rights, existing lawful credits or agreed rights in already completed transactions.
12.2 Operational notices may be provided through the account or the email address registered to it. Legal notices must satisfy any mandatory form, timing and delivery requirements that apply.
12.3 If a provision is unenforceable, the remaining lawful provisions continue where possible. A failure to enforce a right is not automatically a waiver. Neither party may assign personal responsibilities without required consent, except for lawful changes associated with a business transfer with appropriate safeguards.
12.4 These Terms are interpreted under applicable Australian law. Any dispute may be brought before a court, tribunal or regulator with lawful jurisdiction; no provision attempts to remove an Australian consumer's statutory forum rights.
13. Contact and support
13.1 For questions about these Terms, bookings or account access, visit the public Help Centre, submit a request using Contact Support, or email support@learnerpass.com.au.
13.2 By registering or booking through LearnerPass, you agree to the terms that were presented and accepted for your relevant role and transaction, subject to mandatory law. When this consolidated document is approved, LearnerPass must verify that the appropriate version is presented and acceptance recorded for learners and instructors.