Terms & Conditions – The Learner Driving Guide
Learner Driving Guide is an online platform which delivers online teaching for the learner driving industry.
All instruction is performed by the UK’s most inspirational and advanced DVSA instructors.
Thank you for choosing Learner Driving Guide and welcome to the services operated by LDG Ltd via our subscription website available at www.learnerdrivingguide.co.uk
These Terms and Conditions apply to you the user upon registration of an account.
You have agreed by subscribing, downloading, accessing or using our services, that you are entering into a legally binding agreement with LDG Ltd regarding your use of our services.
By using our services, you also agree to the collection, processing and use of your information.
Please read these Terms and Conditions carefully before you use our services. We recommend that you print a copy for future reference.
If you do not agree to these Terms and Conditions, please do not subscribe to use our services.
1. GENERAL
These Terms and Conditions were last updated on 31st May 2022.
a) The Services are operated by LDG Ltd.
b) Further information about Learner Driving Guide, including how to contact us, is below and at www.learnerdrivingguide.co.uk.
c) You agree that you are at least 16 years old and that if you are between 16 years and 18 years old, your legal guardian has reviewed and agreed to these Terms and Conditions and is happy for you to access and/or use our services.
d) Our services are only available to legal residents of the United Kingdom and Ireland.
e) We reserve the right, from time to time, with or without notice, to change these Terms and Conditions at our sole discretion, and the latest version will appear on our website with the date that it was last updated. By using our service after any changes have been posted, you agree to the new Terms and Conditions.
2. THE LEARNER DRIVING GUIDE PRODUCT
In order to use the LDG Product and access classes you will need to create a LDG account and purchase a subscription.
3. RIGHTS WE GRANT YOU
a) The services and other material are owned and operated by LDG Ltd. Unless otherwise indicated, all content, information and other materials within our service, including our trademarks and logos, the visual interfaces, concept, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, ‘the materials’) are protected by relevant intellectual property rights and laws. All materials contained on our services are the property of LDG Ltd.
b) We grant you a limited, non-exclusive, non-transferable, revocable licence to make use of our services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the materials. We reserve all rights not expressly granted in these Terms and Conditions.
c) You agree not to remove, obscure or alter any of the materials appearing on any of our services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the materials.
d) If we find that you have made unauthorised use of the materials found on this service, we may terminate your licence at any time (and without notice).
4. YOUR USE OF OUR SERVICES
a) You must comply with the laws that apply to you in the location that you access our services from. If any laws applicable to you restrict or prohibit you from using our services, you must comply with those legal restrictions and/or, if applicable, stop accessing and using our services.
b) You warrant that all the information you provide to us on accessing and/or using our services is and shall remain true, correct and accurate at all times. You understand and agree that all content that you may upload, communicate or otherwise make available via our services is your sole responsibility.
c) You agree that when you create an account with LDG Ltd, you will take all steps necessary to protect your login details and keep them secret. You agree that you shall not give your login details to anyone else nor allow anyone else to use your login details or account. If you do not keep your login details secret, or if you share your account or details with someone else, you accept full responsibility for the consequences of this (including any un-authorised purchases).
d) You understand that to get the most from your membership LDG Productions are best visible on a laptop / tablet.
e) You agree that vehicles vary and that LDG teaching / techniques of driving may vary for every vehicle.
f) You agree that you will comply with any applicable third-party terms of agreement when using our services.
g) You agree that you will not:
i) impersonate any other person, conduct yourself in an offensive or abusive manner, or use our services for any unlawful purposes
ii) use our services for any commercial or business purpose or the benefit of any third party;
iii) sell, transfer or try to sell or transfer an account with us or any part of an account;
iv) contravene any regulations or requirements of any network connected to our services;
v) disrupt or interfere with our services or networks or servers that provide our service;
vi) use virtual private networks, false email addresses or any other means to mask your identity;
vii) attempt to access the accounts of other users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
viii) disable or modify any copy protection technology used on our services;
ix) not to alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the website or any of the services;
x) collect, harvest or ‘scrape’ any data from any web pages contained in our website;
xi) upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
xii) upload, share or submit any content that infringes any proprietary rights of any third party -including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
xiii) do or omit to do anything which would bring us, the services, our suppliers or other users into disrepute or in any way damage our or their reputation;
xiv) interfere with another user’s use and enjoyment of the website or the services; or
xv) use our services in any other way not permitted by these Terms and Conditions.
In conclusion, we may suspend, restrict or terminate your account and your access to our services with or without notice if we believe that you have breached any of these Terms and Conditions. This does not limit our right to take any other action against you that we consider appropriate to protect our rights.
5. COPYRIGHT INFRINGEMENT AND CONTENT TAKEDOWN
a) Please note that we have no obligation to monitor, review, filter, moderate or remove any content from our services. Nevertheless, we reserve the right to take any such actions.
b) If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our services, without your authorisation, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the ‘DMCA’) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, your notification must be in writing and contain the following information:
i) a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;
ii) a description of the works that you claim are infringing or where it is located on the services, with enough detail that we may verify its existence;
iii) a description of the copyright works that you claim have been infringed;
iv) your full name, address and telephone number and a valid email address on which you can be contacted;
v) a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, nor the law; and
vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.
vii)Please send the notice containing the above information by email to info@learnerdrivingguide.co.uk
c) Notwithstanding our position that we are not obliged to monitor any content uploaded to the Services (as referred to above), it is our policy to: (1) block access to or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (2) terminate repeat offenders’ use of the Services.
d) We have no control over and do not warrant in any way that the content or other information and materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on our services.
6. MEDICAL DISCLAIMER
You hereby waive or release any right to claim for any losses, and discharge LDG Ltd from any and all claims from injury. If you are between the ages of 16 and 18 years, you agree that your legal guardian has reviewed and agreed to the Medical Disclaimer.
7. LIMITATION OF LIABILITY
a) Nothing in these Terms and Conditions limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
b) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our services or any content within it, whether express or implied.
c) We will not be liable to you for any lack of performance, or the unavailability or failure of any of our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
d) Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant subscription and the losses that where foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms and Conditions.
e) Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms and Conditions shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.
f) We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our services or to your downloading of any content from it, or on any website linked to it.
g) We will not be liable for any damage that may be caused to any device on which you access or use our services that is caused in any way by our services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the services.
h) We assume no responsibility for the content of websites linked on our website or on our services. Such links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.
i) You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our services.
j) There may be times when our services or any part of it are not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.
k) We may change and/or update our services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the LDG Product. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the LDG Product then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the LDG Products or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
8. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify and hold LDG Ltd harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of:
a) your breach of these Terms and Conditions;
b) any allegation that any materials that you submit to or post on our services infringe or otherwise violate the rights of a third party; and
c) your access or use of our Services.
9. LDG SUBSCRIPTION
a) In order to access the LDG Productions and access all classes you will need to purchase a subscription. The charge for the subscriptions you can purchase shall be as stated at the time you place the order, except in the case of obvious error.
b) From time to time, LDG Ltd may offer a free trial subscription for access to the product (‘Free Trial Period’). The duration of the Free Trial Period will be clearly communicated at the point of activation.
c) Your subscription will automatically renew at the end of your subscription period until you decide to cancel. You must cancel at least 72 hours before the end of your subscription period, otherwise it will be automatically renewed for another period.
d) If you have a discount code, you must enter this and purchase your subscription on the website only. Your subscription will automatically renew at the full price for the relevant subscription at the end of your subscription period unless stated otherwise at the time of receiving your code.
e) You agree that all sales by us to you of subscriptions are final and that we will not refund any transaction once it has been made.
f) If you live in the European Union or United Kingdom, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
g) We may change the pricing for the subscriptions offered through the services at any time. You are only allowed to obtain subscriptions from us or our authorised partners through the services, and not in any other way.
h) Without limiting section 4.7, if we suspend or terminate your account in accordance with these Terms and Conditions you may lose the remainder of any subscription that you may have and we will not compensate you for this loss or make any refund to you.
i) Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability. If you are unsure whether you will be subject to additional charges then you should check with your bank before making a purchase.
10. YOUR RIGHT TO CANCEL LDG SUBSCRIPTION
a) LDG strongly advises to take a look at sample planner www.learnerdriversguide.co.uk/sample-planner/ to check you are happy with the LDG Product before purchasing your subscription.
b) Once membership is purchased the individual has full access to our website so refunds are no longer available.
c) Ending your subscription:
i) Once you have notified LDG Ltd that you no longer require a subscription, your subscription will expire at the end of your subscription period.
ii) LDG Ltd also recommends you notify your bank to stop any further payments for future subscriptions.
11. OTHER IMPORTANT TERMS
a) We collect personal information about you through your use of our services. All information that we collect about you is subject to our Privacy Policy.
b) These Terms and Conditions do not affect your legal rights. For further information about your legal rights, contact your local authority (for example, in the United Kingdom, this includes the Trading Standards Department or Citizen’s Advice Bureau).
c) If any part of these Terms is deemed to be unenforceable, the enforceability of any other part of these terms will not be affected.
d) This contract is between you and us. No other person has any rights to enforce any of its Terms and Conditions.
e) Provisions which by their terms or intent are to survive termination of these Terms and Conditions and will do so.
f) You may not assign, sub-licence or otherwise transfer your rights or obligations under these Terms and Conditions to anyone else.
g) You agree that we may assign or transfer any of our rights or obligations under these Terms and Conditions.
h) These Terms and Conditions set out the entire agreement between you and us concerning our services and they replace all earlier agreements and understandings between you and us.
i) These Terms and Conditions between you and us shall be governed by and interpreted in accordance with the laws of England and Wales.
j) The courts of England and Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or disagreements relating to these Terms and Conditions.
12. HOW TO CONTACT US AND FURTHER INFORMATION
a) If you have any feedback, questions, complaints or any requests for technical support, then please e-mail us at: info@learnerdrivingguide.co.uk
b) We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.
c) The Services are operated by LDG Limited (registered in the UK with company number: 10826550). Location: Welwyn Garden City, AL7 3LQ, UK.