The definitions and rules of interpretation in this clause apply to these terms:
Administration Fee: has the meaning set out in clause 6.
Charges: the charges for the Services as described in clause 5.1
Company: E-Marketing Services FZ LLE.
DVSA: The Driving Standards Agency.
DVTA: The Driver Vehicle Testing Agency.
Practical Driving Test: the DVSA / DVTA Practical Driving Test for vehicles in category B (Cars).
Services: the services provided by the Company to the User as described in clause 4.1
Theory Test: the DVSA / DVTA driving theory test.
User: the person who accesses the Site and/or subscribes for the Services
Disbursement: A non-VAT qualifying Test Fee paid by the Company direct to the DVSA / DVTA on behalf of the User.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a gender shall include a reference to the other gender.
Words in the singular shall include the plural and vice versa.
The User should read these terms carefully before the User starts to use the Site. By using the Site, the User indicates that he accepts these terms and that he agrees to abide by them. If the User does not agree to these terms, the User should refrain from using the Site.
The User's attention is drawn in particular to clause 6 of these terms.
The Site is operated by E-Marketing Services FZ LLE, Fujairah Tower E89, Sheikh Hamad Bin Abdullah Street, Fujairah, P.O BOX 4422.
Where the User has any complaint regarding the Site or the Services, the User should contact the Company. The Company shall endeavour to respond to all complaints within five working days from the date of receipt of the complaint.
Where the User makes a complaint, the User should provide his full name, address and telephone number and where applicable, his transaction reference number or ID.
The Company provides the following Services for Users who have paid the Charges:
arrangement of a Theory Test on behalf of the User; and/or
arrangement of a Practical Driving Test on behalf of the User and
provision of Official DVSA Revision Question material, DVSA Hazard Perception material and commercially produced driving test training material including Hazard Perception mock tests, training videos and explanatory videos for use by potential DVSA Theory and Practical Driving Test candidates.
The Services include, but are not limited to:-
The provision of Training Services as described at 4.2 above is undertaken by the leading UK provider of online Theory Test training.
The Services relate to the UK Theory Test and Practical Driving Test only and are not appropriate for use where the User wishes to pass his driving theory test or practical driving test in any other country.
Please note that the Company will search and attempt to book you the earliest possible test date but we cannot guarantee any specific dates as these are beyond our control. Please note that the Company will search and attempt to book you the earliest possible test date but we cannot guarantee any specific test centre.
The Services are only available to the User upon payment of a subscription fee or a one off charge ("Charges").
For details of the Charges, please see section 6.2.
Charges are payable by the User in advance, and cleared funds are required before a Theory Test or a Practical Driving Test is booked.
The Company does not administer the Theory Test and Practical Driving Test booking systems. Consequently, the Company charges a Training Package Fee and an administration fee in addition to the price of the Theory Test or the Practical Driving Test to cover the Company's costs and time involved in providing training packages, dealing with postal notifications, e-mails, telephone calls and text messages to and from the User, in connection with the Pass Protection Insurance and dealing with driving licence advice and queries, booking the Theory Test or Practical Driving Test, making alterations to the booked Theory Test or Practical Driving Test and obtaining cancellations of the booked Theory Test or Practical Driving Test, on behalf of the User.
The total Training & Booking Charge for the Theory Test is a charge of £33 for provision of training materials, the Company's administration fee (inclusive of VAT), together with a Disbursement to be paid by the Company to the DVSA / DVTA on behalf of the User in respect of the DVSA / DVTA Theory Test fee (£23.00).
The Charge for booking the Practical Driving Test for a weekday is the charge of £32.00 inclusive of VAT for provision of training materials and the Company's administration fee, together with a Disbursement to be paid by the Company to the DVSA / DVTA on behalf of the User in respect of the DVSA / DVTA Practical Driving Test fee (currently £62.00).
The Charge for booking the Practical Driving Test for a Saturday, Sunday or a weekday evening is the charge of £32.00 inclusive of VAT for provision of training materials and the Company's administration fee, together with a Disbursement to be paid by the Company to the DVSA / DVTA on behalf of the User in respect of the DVSA / DVTA Practical Driving Test fee (currently £75.00).
The Charge for booking an extended Practical Driving Test for a weekday is the charge of £41.00 inclusive of VAT for provision of training materials and the Company's administration fee, together with a Disbursement to be paid by the Company to the DVSA / DVTA on behalf of the User in respect of the DVSA / DVTA Practical Driving Test fee (currently £124.00).
The Charge for booking an extended Practical Driving Test for a weekend is the charge of £41.00 inclusive of VAT for provision of training materials and the Company's administration fee, together with a Disbursement to be paid by the Company to the DVSA / DVTA on behalf of the User in respect of the DVSA / DVTA Practical Driving Test fee (currently £150.00).
The User agrees and accepts the Training Material and Administration Fee and shall not instruct the Company to book a Theory Test or a Practical Driving Test if he has any doubts and does not agree to paying the Training Material and Administration Fee.
The provision of Our Services to You is covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
These regulations govern the relationship between You and Us for the protection of both parties. We are required to:
Exceptions to the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - The consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following types of contract, amongst others: for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
By using our Services you expressly agree that we will commence provision of the Service immediately upon receipt of your instructions/order and that consequently there is no option to cancel Your order to Us under the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
All requests for the cancellation or re-scheduling of DVSA Tests booked by the Company must be made direct to the Company at firstname.lastname@example.org, giving five clear working days notice before the original appointment (Not including weekends, Public Holidays or the day of your Test). This requirement will ensure that we can keep track of your Test bookings and, in the case of a cancellation request, will allow us to quickly arrange any refund due to you. Where a User cancels a Test direct with the DVSA the User must also notify the Company of the cancellation in order to receive any refund due.
Notwithstanding clauses 7.1 and 7.2, the Company will refund the Test Fee, but not the Administration Fee where the User requests a cancellation of his Theory Test or Practical Driving Test after the Company has started to process the User's booking for a Theory Test or a Practical Driving Test, provided that the Company has obtained a refund from the DVSA in respect of such Theory Test or Practical Driving Test.
Where the User requires changes to be made to the Theory Test or Practical Driving Test which has been booked by the Company on behalf of the User, the Company shall endeavour to ensure that such changes are accepted by the DVSA. However, the Company does not guarantee that such changes will be accepted by the DVSA and shall not be held responsible for any delay or loss of Charges if the Theory Test or Practical Driving Test is not changed as requested. (The existing cancellation or rescheduling period set by the DVSA / DVTA is 3 clear working days from the date of the Theory Test or Practical Driving Test.)
The User is responsible for making all arrangements necessary for the User to have access to the Site.
The User shall add e-mails from the Company to his 'safe list' within his e-mail receiving facility. This will allow the Company to communicate booking details or queries in a timely and efficient manner.
The User is responsible for ensuring that he arrives at the Theory Test or Practical Driving Test on time, with the appropriate identification.
The forms of photographic identification acceptable for both the Theory Test and Practical Driving Test are as follows:
For England, Scotland and Wales (DVSA Tests):
REMEMBER: IF YOU DO NOT TAKE YOUR DRIVING LICENCE AND ACCEPTABLE PROOF OF IDENTITY WHEN YOU ARRIVE FOR YOUR TEST YOU WILL NOT BE ALLOWED TO TAKE IT AND YOU WILL LOSE YOUR TEST FEE.
For Northern Ireland (DVTA Tests):
THE AGENCY MAY MAKE ENQUIRIES TO CONFIRM THE VALIDITY OF THE PHOTOGRAPHIC IDENTIFICATION AND OF THE PERSON CERTIFYING THE LIKENESS
WHO CAN CERTIFY A PHOTOGRAPH AS A TRUE LIKENESS?
|Justices of the Peace||Established Civil Servants|
|Members of Parliament||Police Officers|
|Bank Officials||District Council Councillors|
|Barristers or Solicitors||Ministers of Religion|
REMEMBER: IF YOU DO NOT TAKE YOUR DRIVING LICENCE OR ACCEPTABLE PROOF OF IDENTITY WHEN YOU ARRIVE FOR YOUR TEST YOU WILL NOT BE ALLOWED TO TAKE IT AND YOU WILL LOSE YOUR TEST FEE.
The User may use the Site only for lawful purposes. The User may not use the Site:
The User agrees:
These content standards apply to any and all material which the User contributes to the Site (Contributions), and to any interactive services associated with it.
The User must ensure that the personal information supplied by him in the online booking form for the Theory Tests corresponds exactly with the personal information contained in the User's Provisional Driving Licence. The Company shall not be responsible for loss or inconvenience caused as a result of the use of inaccurate details supplied by the User.
All other intellectual property rights included on the Site belong to the Company and the User has the right to access the same for the provision of the Services, but for no other purpose.
Infringement of any of the intellectual property rights in the Site and/or the materials associated with the Site may lead to criminal and/or civil sanctions being taken against the User.
The User's personal information and payment details will be protected in accordance with the Data Protection Act 1998.
The Company may disclose the identity of the User to any third party who is claiming that any material posted or uploaded by the User to the Site constitutes a violation of the third party's rights.
The Company will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by the User on the Site.
The Company has the right to remove any material or posting made by the User on the Site if, in the Company's opinion, such material does not comply with the content standards set out in clause 11 of these terms.
The User has the right to request a copy of any information held by the Company. The User must request the same in writing, using our contact us form.
The Company does not store any payment details.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
The User agrees and acknowledges that the Services are provided on an "as is" and "as available" basis because amongst other things (and both parties acknowledge that neither party shall be considered in breach of this agreement if and to the extent that such breach arises from the same):
the Company is reliant upon third party providers in providing all or part of the Services;
the Company is subject to events outside its reasonable control, including without limitation, governmental actions, war, acts of terrorism, riots, civil commotion, fire, flood, epidemic, labour disputes (including labour disputes involving the workforce or any part thereof of the party in question), restraints or delays affecting shipping or carriers, failure of suppliers, inability or delay in obtaining supplies of adequate or suitable materials, currency restrictions and acts of God;
the Site may suffer faults which are difficult or impossible to remedy or workaround and accordingly the Company cannot give guaranteed repair times; and
restrictions and controls placed upon the Company in relation to providing the Services (or any part of them) imposed under contract by the Company's third party suppliers, third party owners of the software or by applicable law, regulator, ombudsman or other competent authority.
Although the Company will endeavour to provide the Services using reasonable skill and care, the Company hereby excludes to the fullest extent permissible in law all conditions, warranties and stipulations, express (other than those set out in this clause) or implied, statutory, customary or otherwise which but for such exclusion would or might subsist in favour of the User.
The provisions of this clause 14 do not affect the Company's liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
The Company reserves the right to withdraw, change, modify or otherwise vary all or any part of the Services, for any reason, including without limitation, where any part of the Services infringes or otherwise breaches rights which may or do subject the Company to any claim by a third party or where necessary, to enable the Company to lawfully provide the Services.
The Company shall endeavour (but cannot guarantee) to notify the User as soon as reasonably practicable of any such withdrawal, change, modification or variation referred to in clause 14.5 where such withdrawal, change or modification or variation affects the functionality, configuration or method of use of the Services.
The following provisions in this clause 14 set out the Company's entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to the User in respect of:-
a breach of the Company's contractual obligations in respect of any of the Services;
a tortious act or omission of the Company's for which the Company is liable; or
an action arising out of a misrepresentation by or on behalf of the Company (other than a fraudulent misrepresentation);
arising in connection with the performance or contemplated performance of the Services.
Subject to clauses 14.7 and 14.9 to 14.11 (inclusive), the total liability which the Company shall owe to the User in respect of all claims under these terms shall not exceed the aggregate Charges paid by the User to the Company for the Services.
The Company shall in no circumstances be liable to the User for any consequential loss or (whether before or after termination of this agreement) be liable to the User for any loss of data and the User shall at all times keep adequate back up copies of the data and programs held or used by the User.
Notwithstanding anything to the contrary contained in this agreement relating to the Services, the Company's liability to the User for:
death or personal injury resulting from the negligence of the Company, its employees, agents or subcontractors;
shall not be limited, save that nothing in this clause 14 shall confer a right or remedy upon the User to which the User would not otherwise be entitled.
The exclusions from and limitations of liability set out in this clause 14 shall be considered severable. The validity or unenforceability of any one clause, sub-clause, paragraph of sub paragraph of this clause 14 shall not affect the validity or enforceability of any other part of this clause 14.
The provisions of this clause 14 shall survive the termination of the whole or a part of this agreement.
The User acknowledges that the above provisions of this clause 14 are reasonable and reflected in the price which would be higher without those provisions and the User will accept such risk.
The User must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. The User must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the User's identity to them. In the event of such a breach, the User's right to use the Site will cease immediately.
The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the User's computer equipment, computer programs, data or other proprietary material due to the User's use of the Site or to the User downloading of any material posted on it, or on any website linked to it.
Where the User wishes to remove his details from the Site, he must notify the Company in writing via contact us section of our sites. Following receipt of such notification, the Company shall, within a reasonable time, remove all history of the User's usage, search logs, preferences, email address and ID from the Site. The User acknowledges that this process cannot be reversed.
The Company will determine whether there has been a breach of these terms through the User's use of the Site. When a breach of these terms has occurred, the Company may take such action as it deems appropriate.
The Company excludes liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and the Company may take any other action the Company reasonably deems appropriate.
It is the Company's policy to obtain permission to link to other websites. The Company shall not be responsible for the content or reliability of any linked websites and does not necessarily endorse the views expressed within them. Listings of other websites should not be seen as endorsement of any kind. The Company cannot guarantee that links will work all of the time and the Company has no control over the availability of linked pages.
The Company endeavours to check and test material at all stages of production, however, the Company will not accept any liability for any loss, disruption or damage to the User's data or his computer system which may occur whilst using material from the Site. The company recommends that the User runs an anti-virus programme on all material downloaded from the Site.
The User shall indemnify, defend and hold the Company and its affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of the User's use of the Services, the violation of these terms, or the infringement by the User of any intellectual property or other right of any other person or entity.
These terms are governed by the laws of England and Wales and are exclusively subject to the courts in England and Wales.
The Company may update these Terms and the format and content of the Site from time to time and such changes shall become effective from the date upon which they are posted on the Site. Where the User continues to use the Site after the date on which the changes come into effect, the User's use of the Site will indicate the User's agreement to be bound by the new terms. Therefore the User should check these terms each time he revisits the Site.
A person who is not a party to these terms shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third parties) Act 1999.
To qualify for the practical test Pass Protect Scheme you need to have booked the practical test using the Site and provide us with a good quality, scanned copy of the original failure sheet proving that you had no more than 2 Minor Faults (Driving Faults) and 1 Serious Fault. This pass protection does not apply to you not passing the test due to one or more Dangerous Faults, abandoning the Test or not achieving the eyesight requirements of the Test.
We may, at our absolute discretion, require sight of your original failure report. If this is the case we will contact you to notify you of the address to which the report must be sent.
Providing you satisfy the above criteria we will book you the type of a particular test failed.
In compliance with the Provision of Services Regulations 2009 we operate a complaints handling policy. Complaints should be made by email addressed to Customer Services and sent to email@example.com. We will investigate and respond to your complaint within 5 working days.