1. Acceptance
MG Driving School provides the website to you on the basis of the following terms and conditions ("Terms and Conditions"). By accessing any page on this MG Driving School Website, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be updated by MG Driving School from time to time by posting the updated Terms and Conditions without prior separate notification to you. You should check the Terms and Conditions each time you access the MG Driving School Website to check for updates.
2. MG Driving School Website
You will be able to obtain information about certain MG Driving School products and services on this MG Driving School Website and you may also submit queries to MG Driving School to receive more information.
3. Use
The MG Driving School Website and any support are provided to you at no charge and are for your personal and non-commercial use. Any support provided to you is for information purposes only. MG Driving School reserves the right to make changes to the MG Driving School Website; or not reply to any queries; or not provide any support in connection with the MG Driving School Website. MG Driving School does not wish to receive confidential or proprietary information from you via the MG Driving School Website. Subject to MG Driving School obligation under the Privacy Policy please note that any information or material sent to MG Driving School via the MG Driving School Website will be deemed to be not confidential. By sending MG Driving School any information or material, you grant MG Driving School an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that material or information, and you also agree that MG Driving School is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You undertake not to post to or send via this website any materials that are or could reasonably be construed as: (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licences and/or approvals; or (iv) violating any other law. You also agree not to transmit to or send via the website any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world. MG Driving School reserves the right to remove any materials from the website where it reasonably suspects that such material is prohibited by this Section 3 or is otherwise inappropriate. Notwithstanding the foregoing, you acknowledge that MG Driving School has no control over content on the website provided by other users neither does it purport to monitor the content of the website to ensure its accuracy, appropriateness or conformity with the principles outlined in these Terms and Conditions. You must not link to the MG Driving School Website other websites which are indecent or inappropriate, and you must forthwith remove any link if MG Driving School in its discretion so requests. You agree to indemnify MG Driving School and MG Driving School affiliates, directors and employees against any claim, demand, loss or damage suffered as a result of breach of this Section 3.
4. Disclaimer
MG Driving School hereby excludes all conditions, warranties, representations or other terms concerning the supply or purported supply of, failure to supply or delay in supplying any service in connection with the MG Driving School Website or that the MG Driving School Website is accurate, complete or up-to-date, which might but for this Section 4 have effect between MG Driving School and you, or would otherwise be implied into or incorporated into these Terms and Conditions or any collateral contract, whether by statute, common law or otherwise. You understand and agree that you are using the MG Driving School Website at your sole risk and that MG Driving School does not warrant that the MG Driving School Website will meet your requirements or that the MG Driving School Website will be uninterrupted, error free or secure. Any content or services provided via the MG Driving School Website or in connection with the MG Driving School Website by MG Driving School is done so on an "AS IS" and on an "AS AVAILABLE" basis and MG Driving School makes no representations or endorsement of any kind, whether express or implied, with respect to the MG Driving School Website for the content or services included in, or made available in connection with, this MG Driving School Website. MG Driving School reserves the right at its sole discretion, to amend or withdraw any content or services offered as part of the MG Driving School Website.
5. Liability
MG Driving School, any other party (whether or not involved in creating, producing, maintaining or delivering this MG Driving School Website), and any of MG Driving School company and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party, (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with this MG Driving School Website in any way or in connection with the use, inability to use or the results of use of this MG Driving School Website, any websites linked to this MG Driving School Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this MG Driving School Website or your downloading of any material from this MG Driving School Website or any websites linked to this MG Driving School Website. This shall not affect your statutory rights. Nothing in these Terms and Conditions shall exclude or limit MG Driving School 's liability for (i) death or personal injury caused by its negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.
6. Privacy Policy
If you choose to register on any part of this MG Driving School Website, you agree to provide MG Driving School with the accurate data as requested in the registration form. For details of our use and transfer of your personal data, please refer to this privacy policy.
The information provided in a form or otherwise via the MG Driving School Website will be used by MG Driving School for the purpose of providing the services that you have requested by way of the MG Driving School Website.
From time to time MG Driving School, MG Driving School affiliates or agents might use this information for marketing purposes or to inform you about other products and services, which we think might be of interest for you. You can specify whether you wish to receive such information in the appropriate box in your registration form.
We are committed to protecting your privacy. Your personal data is held on a secure computer and manual files shall not be processed for any other purpose than those set out in this Privacy Policy. The server MG Driving School uses to store this information is accessible to authorised staff only, is further connected to the Internet through a firewall and is therefore not accessible to the public.
Small pieces of information known as cookies will be installed on your computer to collect statistical information including navigation paths, number of visits, returning customers and hits per page. The only personal information that a cookie can contain is information that you provide yourself. They cannot read data off your hard disk. We use these cookies to help us determine the usefulness of the information that we provide and to see how user-friendly our website is. MG Driving School does not share the information that it gathers from cookies with other non- MG Driving School entities or sell it to third parties. If you prefer not to receive cookies from our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse cookies by turning them off in your browser. You have the right to access, correct, update, or delete your data by accessing the appropriate link to your profile or by submitting a request to mgodyn@mail.com.
We will only hold your personal information for the duration necessary to allow us to provide the services that you have requested or for any additional period as required by law.
This Privacy Policy may be amended by MG Driving School from time to time. We will notify you of any material changes affecting our use of our personal data.
7. Trademark
You must not display or use in any manner MG Driving School or MG Driving School trademarks or logos without MG Driving School prior written permission.
8. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with Irish law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Irish courts.
9. Copyright
Copyright © MG Driving School 2013. All rights reserved. It is strictly prohibited to copy, redistribute, republish or modify any materials or software contained on the MG Driving School Website or in subsequent support without the prior written consent of MG Driving School.
Terms and conditions relating to driving lessons etc.
1. Interpretation and application
In these terms and conditions (the “Conditions”) “We”, “Us” or “Our” means MG Driving School (Registered Office: 113 Heather Hill Road, Carlow, co. Carlow, Ireland - Registered in Ireland) and “You” or “Your” means you the customer. You must read these Conditions in full as they set out the complete terms upon which We have agreed to provide, and You have agreed to obtain, driving tuition from Us. In particular, You should read and accustom yourself with the follow sections: Your responsibilities (clause 4) and Lesson Cancellation Policy (clause 8), which will apply to You. We and Your Instructor reserve the right to charge for any lessons affected by Your failure to comply with any of these Conditions.
2. About Your Instructor
The contract for driving tuition is solely between You and Your Instructor. You and Your Instructor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons. Approved Driving Instructors (ADI’s) are governed within the industry by the Road Safety Authority. Also, Essential Driver Training (EDT) logbooks are issued by the Road Safety Authority. You must notify Your Instructor of any matters which affect your ability or entitlement to have driving tuition, for example, but not limited to, any lack, or loss, of a valid learner permit licence.
3. Driving Lessons (on the road tuition)
Driving lessons are only available to persons who meet the following criteria:
- aged 17 and over; and
- who hold a valid Irish Learner Permit (“Licence”); and
- who are legally entitled to drive in Republic of Ireland.
4. Your responsibilities
- if You take On the Road lessons, it is Your responsibility to ensure that You have the appropriate Licence and the Licence must be presented to Your Instructor prior to the commencement of Your tuition.
- Your Instructor reserves the right to refuse to provide You with tuition or to cancel any lessons You have agreed to or booked, without liability, if You fail to provide him/her with the Licence prior to Your first lesson.
- Your On the Road tuition is governed by a contract between You and Your Instructor. Accordingly, You and Your Instructor are responsible for arranging the date, time, pick-up location and duration of Your lessons.
- You will treat Your Instructor with respect and follow Your Instructor’s reasonable instructions, particularly with regard to matters affecting Your health and safety.
5. Your Instructor’s responsibilities
Your instructor will:
a) provide You with driving tuition at the hourly rate communicated to You;
b) design a course of lessons to match Your specific driving and learning needs from Your first lesson right through to Your practical test;
c) provide You with on-road driving lessons which will last two hours or such other duration as You and Your Instructor will agree in advance;
d) provide a presentable, modern, properly maintained and dual controlled car for each lesson;
e) give You relevant feedback during Your lessons and record Your development in the RSA Log Book at the end of each lesson;
f) monitor Your progress, advise and recommend what is, in their opinion, the appropriate time to apply for Your practical driving test and where required, they will advise whether it should be subsequently rescheduled;
g) provide training on a one-to-one basis with no other learner in the car;
h) honour the full time booked for each lesson, which should include an introduction, practical training and a debrief at the end of Your lesson;
i) at all times conduct themselves in a professional manner including:
- being courteous and considerate to You;
- avoiding physical contact except in an emergency;
- not smoking during Your lessons;
- restricting mobile phone use to; emergencies or for Your benefit;
- reserve the right to cancel a lesson or finish a lesson early on grounds of road safety;
- not discriminate against You and will always abide by the law;
- endeavour to be on time at the agreed pick-up point and be available for the full duration of the lesson booking, subject to any circumstances beyond their control;
- endeavour to give You 48 hours notice should a lesson need to be rescheduled;
- respond professionally to any worries or issues that You may have and try to resolve them to Your satisfaction.
6. Lesson Cancellation Policy
You must give Us or Your Instructor at least 48 hours notice (the “Minimum Notice”) if You wish to cancel or rearrange a driving lesson, otherwise You will be liable to pay for 100% of the lesson fee.
Where You have pre-paid for any lesson but fail to attend or provide the Minimum Notice to cancel or rearrange the lesson, it will be counted as lesson taken for the purposes of the lesson cancellation policy and You will be liable for the lesson fee.
You will not be able to sell or transfer any driving lessons which You have pre-paid for to any third party, without obtaining Our prior consent.
7. Insurance
If You are taking On the Road driving lessons in car provided by MG Driving School, Your instructor will carry the appropriate motor insurance.
8. Price Changes
We reserve the right to change the price of all. Our learner driver products/lessons (including special offer prices).
9. Payment
You must pay for Your product(s), good(s) or lesson(s) in advance.
10.Acknowledgement
You acknowledge that it is Your responsibility to ask for and to obtain appropriate receipts or other proofs, in relation to all payments You make to Your Instructor. Where We are able to, We will endeavour to assist with any discrepancies in payments You have made without ever accepting liability for the same.
We accept no responsibility or liability for any payments however made, being lost, delayed, misappropriated, rejected, tampered with, being short of the required amount or any overpayment on Your part. It is Your responsibility to ensure that You have sufficient funds to make all payments to Us and to ensure that You have paid Us the correct amount.
11.Refund Policy
You are entitled to cancel Your driving lessons at any time giving 48 hrs notice (see clause 6.1). If You have not taken any lesson(s) at the time of cancellation You will be entitled to a full refund of any amounts paid, subject to deduction of the Refund Charge (clause 11.3).
If You have taken lesson(s) at the time of cancellation You will not be eligible for a refund on any lessons taken.
Where it is possible to do so, We will refund You using the same method You used to pay for your lessons. If for any reason We are unable to refund You using the same method with which You paid, We reserve the right to refund You by any other method We deem appropriate.
Gift Vouchers are non-refundable and valid for one year only.
12.Limitation of Liability
Neither We, Your Instructor, nor MG Driving School shall be liable to You for any loss or damage caused where, and to the extent that: there is no breach of a legal duty owed to You by the relevant person or body; such loss or damage is not a reasonably foreseeable result of such a breach; any such loss or damage, or increase in the same, results from any breach or omission by You; any such loss or damage results from circumstances or matters outside of the reasonable control of the relevant person or body Neither We, Your Instructor, nor MG Driving School shall, in any event, be liable for losses relating to any business interests You may have including, without limitation, lost profits, loss of opportunity or business or business interruption. You are reminded that neither We nor MG Driving School are parties to the contract for driving tuition itself, which is between You and Your Instructor. This does not affect any liability that We and/or MG Driving School may have for any loss or damage You may incur which is caused directly as a result of any breach (including negligence) by it or them of any legal duty owed by it or them to You. Nothing in these terms and conditions will affect any statutory rights You may have as a consumer.
We do not guarantee to provide or procure the provision of any of the services referred to in these Conditions if We are prevented from doing so in circumstances beyond Our reasonable control, including without limitations, the activities of civil government authorities, third party industrial disputes, internal industrial disputes where. We have taken the reasonable steps to prevent the effects of such action on any of the services set out in these Conditions but have been unable to do so; acts of God, or severe weather conditions We reserve the right to make reasonable changes to the services referred to in these Conditions and to these Conditions for any reason We deem necessary.
Where We do make any such changes, We will give You reasonable notice of the changes. If as a direct result of such changes the services We provide to You are substantially varied to Your detriment, and where We are satisfied of the same, You may cancel Your agreement with Us by giving not less than 30 days’ notice in writing to our address.
Any refunds that You may be entitled to will be dealt with in accordance with Our Refund Policy set out above. If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity,voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect.
13.Data Protection Notice
Any personal data you provide will be held securely and in accordance with the Data Protection Act. We will use your personal date for the purpose(s) for which you have provided it. It may also be used for marketing, offering renewals, research and statistical purposes and crime prevention. We may however need to disclose personal data to a third party so that the service you requested could be provided. Your data may be disclosed to regulatory bodies for the purposes of monitoring and/or enforcing compliance with any regulatory rules/codes. If you give us information about another person, in doing so you confirm that they have given you permission to provide it to us to be able to process their personal data (including any sensitive personal data) and also that you have told them who we are and what we will use their data for, as set out in this notice.
14.Complaints Procedure
If You have any concerns or complaints about any part of Your driving tuition which cannot be resolved with Your Instructor, please contact us.