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Terms and conditions

We hold your pre payed payment for one year after that you lose your money we won’t be able to refund you

 

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.MKdriving.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

DEFINITIONS AND INTERPRETATION

 

    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

2. INFORMATION ABOUT US

 

    1. Our Site, www.MKdriving.uk is [owned and] operated by Mate Kulcsar t/a MK Driving whose registered and main trading address is 18 Clare Close, Waterbeach, CB25 9PS.

 

3. ACCESS TO OUR SITE

 

    1. Access to Our Site is free of charge whereas access to the educational content could be granted via paid subscription.

    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4. INTELLECTUAL PROPERTY RIGHTS

 

    1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

    2. Subject to sub-Clause[s] 4.3 [and 4.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

    3. You may:

            1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

            2. Download Our Site (or any part of it) for caching;

            3. Print [one copy of any] page[s] from Our Site;

            4. Download extracts from pages on Our Site; and

            5. Save pages from Our Site for later and/or offline viewing.

    4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

    5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a consent from Us. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

    6. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

5. LINKS TO OUR SITE

 

    1. You may link to Our Site provided that:

            1. You do so in a fair and legal manner;

            2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

            3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

            4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

    2. You may not link to any page other than the homepage of Our Site. Deep-linking to other pages requires Our express written permission.

    3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us for further information.

    4. You may not link to Our Site from any other site the main content of which contains material that:

            1. is sexually explicit;

            2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

            3. promotes violence;

            4. promotes or assists in any form of unlawful activity;

            5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

            6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

            7. is calculated or is otherwise likely to deceive another person;

            8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

            9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);

            10. implies any form of affiliation with Us where none exists;

            11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

            12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

    5. The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

6. LINKS TO OTHER SITES

 

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

7. DISCLAIMERS

 

    1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to digital video content and services, including but not limited to animation, motion graphics and design, video production or pre-production.

    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

    3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

 

8. OUR LIABILITY

 

    1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

    2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

    3. Our Site is intended for non-commercial use only.  If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

    4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

    5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

    6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

9. VIRUSES, MALWARE AND SECURITY

 

    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

    6. By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

10. ACCEPTABLE USAGE POLICY

 

    1. You may only use Our Site in a manner that is lawful.  Specifically:

            1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

            2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

            3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

            4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

    2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

            1. suspend, whether temporarily or permanently, your right to access Our Site;

            2. issue you with a written warning;

            3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

            4. take further legal action against you as appropriate;

            5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

            6. any other actions which We deem reasonably appropriate (and lawful).

    3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

11. PRIVACY AND COOKIES

 

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.MKdriving.uk/cookie-policy and www.MKdriving.uk/privacy-policy policies are incorporated into these Terms and Conditions by this reference.

 

12. CHANGES TO THESE TERMS AND CONDITIONS

 

    1. We may alter these Terms and Conditions at any time.  If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

13. CONTACTING US

 

To contact Us, please email Us at mkdriving2022@outlook.com or using any of the methods provided on Our contact page at www.MKdriving.uk/contact.

 

14. COMMUNICATIONS FROM US

 

    1. If We have your contact details, we may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 30 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us via www.MKdriving.uk/contact.

 

15. DATA PROTECTION

 

    1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

    2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy www.MKdriving.uk

/privacy-policy and Cookie Policy www.MKdriving.uk/cookie-policy.

 

16. LAW AND JURISDICTION

 

    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.

relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.

​

1Definitions & Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.1.1     "School" means Mk Driving Cambridge;

1.1.2 "DVSA" means the Driving & Vehicle Standards Agency;

1.1.3 "Instructor / I / Me / My" means the driving instructor/s assigned to the Student;

1.1.4 "Price List" means Instructor's standard price list for driving tuition. The list is available on: https://www.mkdriving.uk/driving-lessons-2;

1.1.5 "Student / You / Your" means the individual recipient of driving tuition, as named in the Acceptance Clause of this document;

1.1.6 "Parent / Guardian" means an individual with legal responsibility for the Student, who will assume legal liability for the Student's actions or inaction in accordance with these Terms and Conditions, in the event that the Student is less than 18 years old on the date of signing this document; and

1.1.7 "Regulations" means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 "these Terms and Conditions" is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and

1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

1.4 Words signifying the singular number shall include the plural and vice versa;

1.5  References to any gender shall include the other gender;

2Driving Instructor

2.1 I am a self-employed independent driving instructor and am not employed by a driving school;

2.2 I am registered with the DVSA and am licenced to provide driving tuition.

2.3  Mk Driving Cambridge acts as agent for myself (your driving instructor) in receiving your payments for driving tuition other

than payments made directly by you to me (your driving instructor). Where Mk Driving Cambridge makes bookings with, or supplies any information or documentation to you, or processes any payments for your lessons, they act as the agent of me (your instructor).

2.4  The contract for driving tuition is solely between you (‘you’) and myself (your instructor).

3Driving Lessons:  Booking, Cancellation & Delays

3.1       A lesson will only be made available to You if You have a pre-booked appointment for it. You should book a lesson with Me in person at my address or elsewhere, or by phone, by email, via social media, or through My website. It shall be Your and My responsibility to agree on all matters relating to each lesson including, but not limited to, date, time, location, and duration;

3.2 Your request to book a lesson will be an offer, but whether I accept any request will be for Me to decide at My discretion. Only if and when I tell You that I accept Your request for any particular lesson(s) will there be a binding contract between You and Me for that/those lesson(s);

3.3       If You wish to make a booking for two or more lessons by means of a single booking, and at My discretion, I accept that booking, My contract with You will be for all of the lessons concerned;

3.4       I will not reserve any lesson slots or guarantee regularity of lessons over any period of time or on any particular date and/or time except that I will reserve a particular lesson slot for You if and when I accept a booking for it from You. Nevertheless, I shall use reasonable endeavors to make available regular lesson slots for You;

3.5       If You know You are going to be late for a lesson, You should contact Me to tell Me. If You arrive (or are not ready) later than 15 minutes after the scheduled start time for Your booked lesson, I will try to provide that lesson but if I decide that I cannot do so, the lesson will be treated as cancelled without notice by You and, if I then decide to make a charge for that lesson cancelled without notice, sub-Clause 3.7 below will apply;

3.6       You may cancel a lesson without charge if You give Me at least 48 hours prior notice of the cancellation and if You do so I will refund to You any sum You paid Me in advance;

3.7       If You do not give Me at least 48 hours prior notice of cancellation of a lesson, I will be entitled to charge You for any net financial loss that I suffer due to Your cancellation but not more than 100% of the full price of the lesson. I will be entitled to deduct that charge from any sum You paid Me in advance, and I shall refund the balance to You;

3.8 If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a lesson without giving Me at least 48 hours prior notice, I will consider the circumstances and in My discretion decide whether to waive any charge for late cancellation that I am entitled to make under sub-Clauses 3.5 and 3.7;

3.9 If I wish to cancel a lesson, I may do so without incurring any liability to You (and You will not have to pay for that lesson) if I give You at least 48 hours prior notice, but if I do not give You at least that minimum notice, I shall be liable for and shall credit You with an additional lesson at no charge;

3.10 Notwithstanding sub-Clause 3.9, I may, without incurring any liability to You, cancel a booked lesson at any time before the start time of that lesson, where either:

3.10.1   due to my illness, unavailability of a suitable vehicle, or other reason beyond My reasonable control, I am not available or able to provide the lesson fully or properly. If I cancel a lesson in such circumstances, I will refund to You in full any advance payment that You have made to Me for that lesson; or

3.10.2   I have reason to believe that You are not fit to drive at the time of the lesson due to any factors including, but not limited to, alcohol, drugs (whether prescribed or otherwise), illness or other medical condition.If I cancel the lesson for such reason, I shall be entitled, at My discretion, either to charge You for that lesson or not to do so but in deciding whether to charge You I shall act reasonably;

3.11     I will use all reasonable endeavours to start a lesson at the time which You have booked but the start may be delayed by overrun of a previous lesson or by other circumstances. If a delay to the start is at least 30 minutes, or if at any time before or after You or I arrive for a lesson I notify You that there will be a delay of at least that time, You may cancel and will not have to pay for that lesson and I will refund to You in full any advance payment that You have made to Me for that lesson. If, however, in those circumstances You do not cancel the lesson, I shall add on to the lesson the time by which the start is delayed at no charge to You or, if that does not suit You, I shall add it on to a subsequent lesson, or if You do not book a further lesson I will refund a part of the fee for that lesson in proportion to the part of the lesson not added on; and

3.12     Where the contract I make with You is not made on My premises, the Regulations give You the rights set out in this sub-Clause 3.12, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel any lesson(s) during the 14 day period after I accept the booking for it/them, but if the booking includes any lesson(s) on a date which is before the end of that period and if You have expressly requested Me to provide any such lesson(s) and I do so, You may not cancel that or those requested lesson(s) and You must pay for them in accordance with Clause 5, and You may then only cancel any other lesson(s) covered by that booking. If You request that any lesson be cancelled, You must confirm this in any way convenient to You. If You cancel any lesson(s) as allowed by this Sub-clause 3.12, and You have already made

any payment(s) to Me for the lesson(s), I will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the lesson(s) that You have received.

3.13     COVID

  The following extra conditions must be adhered to during the COVID pandemic period:

  • All students must arrive at the instructors car with face masks fitted and hands sanitised, before entering the vehicle;

  • Any student displaying signs of illness, will not be allowed to enter our tuition vehicles;

  • Any student who does not comply with above will not be allowed to enter the vehicle and consequently the lesson fees are still to becharged by the instructor;

  • Your driving instructor will ensure their vehicle controls have been sanitised prior to each student entering the vehicle and throughoutthe duration of the lessons wear PPE.

Postponement of lessons:

If the government changes the R rate scale of safety, we may have to change lesson dates accordingly.

We will not be held responsible or liable should anyone become infected following a driving lesson in one of our instructor tuition cars.

4Lessons:  Location & Length

4.1       Driving lessons should be booked between the Student (You) and the Instructor (Me) following an initial pre-booking made through the School (Mk Driving Cambridge). It shall be the responsibility of the Student and the Instructor to agree upon all matters relating to the lesson including, but not limited to date, time, location and duration.

4.2       I may choose a location which requires additional travel in the interests of road safety. In such cases, if You wish to be picked up and taken to that location by Me, travel time will form part of the lesson time;

4.3 The minimum length of a lesson will be 1 hour and, if You and I agree, it may be increased by increments of 30 minutes.

5Fees & Payment

5.1 You must pay My fees for all lessons, and I will charge for lessons on an hourly basis. You can obtain information on current lesson fees from: www.cambridgedrivingacademy.com ;

5.2 I may change My fees without prior notice but if I increase or reduce the fees between the time You book a lesson and the date of

the lesson and You pay for it in advance of the lesson, the price increase or reduction will not apply to that lesson but where there is a decrease I may in my discretion decide to refund You the amount of the decrease;

5.3 You shall make payment to Me of My fees in advance by bank transfer, online payment or cash.

5.4 If You request a refund for lessons remaining from a prepaid discounted block, refunds will be pro-rata and the discount will not be

applied.

5.5       No payments can be made directly to the School. Any sums received by the School's Deposit Account is handled on the Instructor’s behalf and transferred within 48 hours to the Instructor by the School.

6My Obligations

I shall, at all times:

6.1 use My reasonable endeavours to provide driving instruction at the agreed lesson times;

6.2 use My reasonable endeavours to train You to a high standard, but shall not be responsible for any errors made by You;

6.3  be professional and courteous towards You and other road users;

6.4 act in accordance with the DVSA Code of Practice for Approved Driving Instructors (a copy of which You can obtain from Me on request); and

6.5     act in accordance with the law.

7Your Obligations

7.1 You must hold a valid UK driving licence (either provisional or full);

7.2 You must always have Your driving licence with You during lessons;

7.3 If You have been banned from driving and are training for a retest, You must be legally entitled to take tuition and must present proof to Me of that entitlement;

7.4 You must demonstrate Your ability to read a number plate from the distance specified in the Highway Code;

7.5 You must always wear any relevant prescribed glasses or contact lenses;

7.6 You must inform Me of any medical conditions or prescribed medication which may affect Your driving ability; and

7.7       If You fail to comply with one or more of sub-Clauses 7.2 to 7.7 above, or I find that you are not a “consumer” (as defined in Clause 1 above), I may immediately cancel one or more lessons. If I do so, I may in My discretion still charge for the cancelled lessons.

8Vehicles & Insurance

8.1       I shall ensure that all vehicles that I provide are fitted with dual controls, are fully roadworthy, taxed, have a valid MOT (where relevant), and are fully insured for the purposes of driving instruction;

8.2 You may request to use Your own vehicle. Whether You use Your own vehicle is for Me to decide at My sole discretion. You must provide proof to Me of Your vehicle’s roadworthiness, tax, valid MOT (where relevant) and suitable insurance for the purposes of driving instruction.

9Driving Tests

9.1 I shall discuss driving tests with You and inform You when I feel that You are ready to take a test;

9.2       You shall be responsible for booking theory and practical tests. It shall be Your responsibility to check the details of the test on Your DVSA confirmation letter;

9.3 If You book a test, You must check with Me before booking to ensure that I consider that You are ready for a test;

9.4 The DVSA test fee for the practical driving test does not include My fees for My time and/or the use of My vehicle;

9.5       You must inform Me of all details of Your test including, but not limited to, its date and location at least 14 days before Your test date;

9.6       When You attend a test, You must take all required documentation with You. If You do not, Your test may be cancelled and You would then lose Your test fees;

9.7       Unless I feel that My vehicle is unsuitable for a Student to use for their practical test or Clause 9.10 applies, I generally permit Students to use My vehicle for their test, but whether I permit You to do so for Your test will be in my discretion;

9.8 If I have given You permission to use My vehicle for Your test but it breaks down or is otherwise unavailable or unusable on the date of the test, I shall use My reasonable endeavours to arrange an alternative vehicle. If this is not possible, I shall pay for the replacement test;

9.9 If Your test is cancelled by the DVSA giving You insufficient time to provide Me with the required cancellation notice of a booking, You must still pay My fees for My time and/or the use of My vehicle. In that case, I shall advise You on claiming compensation from the DVSA for the cost of those fees; and

9.10     If You have a test booked and, in My opinion, You do not make the expected progress in Your lessons between the date of booking and the test date, I may decide not to permit You to use My vehicle for Your test and I will not be responsible for any fees that You pay for the test which are lost.

10Cancellation & Termination

10.1 I may, in my discretion, terminate Your tuition if Your conduct, progress or commitment consistently falls below the standards that I reasonably expect;

10.2 You may, at any time, subject to Your meeting the requirements of Clause 3 as to giving notice of Your cancellation of lessons, terminate Your tuition by Me; and

10.3 Where sub-clause 10.1 or 10.2 applies, I shall refund to You any fees for lessons that You have paid me in advance.

11Liability

11.1     I will be responsible for any foreseeable loss or damage that You may suffer as a result of My breach of these Terms and Conditions or as a result of My negligence. Loss or damage is foreseeable if it is an obvious consequence of My breach or negligence or if it is contemplated by You and Me when My contract with You is created. I will not be responsible for any loss or damage that is not foreseeable;

11.2 I provide tuition only for Your personal and private use/purposes. I will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;

11.3 Nothing in these Terms and Conditions is intended to or will exclude or limit My liability for death or personal injury caused by My negligence or for fraud or fraudulent misrepresentation;

11.4     Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or My liability to You, under:

11.4.1 the Consumer Rights Act 2015;

11.4.2  the Regulations;

11.4.3 the Consumer Protection Act 1987; or

11.4.4 any other consumer protection legislation; as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standards Office.

12Changes to Terms & Conditions

12.1     I may from time to time change these Terms and Conditions without giving You notice, but I will use My reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

13Your Personal Information (Data Protection)

13.1     All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Mk Driving Cambridge.

14Regulations

14.1     I am required by the Regulations to ensure that certain information is given or made available to You as a Consumer before I make My contract with You (i.e. before I accept Your request to book any lesson) except where that information is already apparent from the context of the transaction. I have included the information itself either in these Terms and Conditions for You to see now, or I will make it available to You before I accept Your request to book a lesson. All of that information will, as required by the Regulations, be part of the terms of My contract with You as a Consumer.

15Information

15.1   As required by the Regulations:

15.2 all of the information described in Clause 14; and

15.3     any other information which I give to You about tuition or other services or Me which You take into account when deciding to book a lesson or when making any other decision about My tuition or other services;

15.4 will be part of the terms of My contract with You as a Consumer.

16Complaints

16.1 I always welcome feedback from My Students and, whilst I always use all reasonable endeavours to ensure that I provide a

high standard of tuition and service to Students, I nevertheless want to hear from You if You have any cause for complaint. If

You have any complaint about My tuition or other services or any other complaint about Me, please raise the matter with Me in person, by phone, email or post.

17No Waiver

17.1     No failure or delay by Me or You in exercising any rights under these Terms and Conditions means that I or You have waived that right, and no waiver by Me or You of a breach of any provision of these Terms and Conditions means that I or You will waive any subsequent breach of the same or any other provision.

18Severance

18.1     If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

19Law & Jurisdiction

19.1     These Terms and Conditions, the Contract, and the relationship between you and I (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

19.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause

19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

19.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

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