Terms & Conditions

The following sets forth the terms and conditions of the agreement between SafeDrive Motoring Company Limited (trading as FlexiDrive), a company incorporated in Ireland with company number: 641183 and with a registered address at Unit 2, Courtyard Business Park, Blackrock, Dublin 18, Ireland (“FlexiDrive“) and the driving instructors that have successfully applied to be a registered driving instructor with FlexiDrive (the “Instructor” or “Instructors”).

The FlexiDrive application is available through ios and/or Android and/or through FlexiDrive’s website https://www.FlexiDrive.ie (hereinafter collectively referred to as the “FlexiDrive App”).

By using the FlexiDrive App, the Instructor agrees to be bound by the terms and conditions set out below and the FlexiDrive Privacy Policy [INSERT LINK HERE]. These terms and conditions shall be referred to hereinafter as the “Terms”.

1. Term and Termination

The Terms shall remain in full force and effect until terminated by either party in accordance with this clause 1.

The Instructor may terminate his engagement with FlexiDrive by giving [5][1] days’ written notice by email to contact@flexidrive.ie[2].

FlexiDrive may terminate its engagement with the Instructor by giving 5 days written notice by email to the email address provided by the Instructor.

FlexiDrive may, at its absolute discretion, terminate its engagement with the Instructor, with immediate effect, where the Instructor has breached any of his/her obligations under the Terms. Such notice shall be delivered by email to the Instructor.

FlexiDrive may, at its absolute discretion, terminate the Instructor’s engagement with FlexiDrive with immediate effect by reason of negative feedback or reviews received from students, potential students or any other relevant member of the public. Such notice shall be delivered by email to the Instructor.

2. FlexiDrive Services

FlexiDrive procures potential students looking for driving lessons using the FlexiDrive App. The potential student will be free to choose his/her preference of Instructor from a selection listed on the FlexiDrive App (the “Booking”).

The Booking will then be referred to the selected Instructor who will provide the driving lesson(s) to the potential student as an independent contractor and will make all appropriate arrangements to fulfil the Booking. The use of the FlexiDrive App and the procurement of Bookings by FlexiDrive on behalf of the Instructors shall be hereinafter referred to as the “FlexiDrive Services”.

3. Engagement with FlexiDrive

The Instructor shall be retained by FlexiDrive as an “independent contractor” within the meaning of and for all the purposes of the said expression.

FlexiDrive accepts the Instructor’s right to engage in similar driving instructor type services for other companies. There is no restriction on Instructors engaging in a contract for services or a contract of service with any number of other companies at the same time as doing work for FlexiDrive.

FlexiDrive accepts the Instructor’s right to engage a substitute driving instructor to take a Booking should the Instructor be unavailable or otherwise at his/her sole discretion. Such person must be capable of performing the Instructor’s obligations under the Terms in all respects. For the avoidance of doubt the Instructor does not have to perform the contractual obligation himself or herself.

Subject always to the Terms, the Instructor shall have the right to control and direct the manner and method by which the Booking shall be fulfilled. The Instructor shall be free to select the routes taken, starting and finishing times and days of work;

The Instructor agrees that he/she will not be entitled to any pension, bonus or other fringe benefits from FlexiDrive and it is agreed that the Instructor shall be responsible for all income tax liabilities and PRSI/PAYE or similar contributions in respect of any fees paid to the Instructor and the Instructor agrees to indemnify FlexiDrive against all demands for any tax, including, but not limited to income tax, penalties and interest made against it in respect of the FlexiDrive Services and against the costs of dealing with such demands.

The Instructor hereby warrants and represents that any substitute driving instructor will have all necessary qualifications, insurance and licences to carry out the Booking.

FlexiDrive does not represent that it will utilise the services of the Instructor at all.

The Instructor agrees that FlexiDrive has no obligation to either the Instructor nor any potential student to ensure that a Booking or an Open Booking (as defined below) is carried out to an agreed standard or at all. For the avoidance of doubt, it is the responsibility of the Instructor to fulfil each Booking in accordance with the Terms.

4. Obligations of the Instructor

Before an Instructor may use the FlexiDrive Services, the Instructor shall properly and correctly register with FlexiDrive, furnishing accurate information and fully adhering to such registration procedures as may be put in place by FlexiDrive from time to time at its sole discretion. Only upon successful registration shall the Instructor be entitled to use the FlexiDrive App in accordance with the Terms and all applicable laws, rules and regulations.[3]

FlexiDrive shall provide the Instructor with access to the FlexiDrive App and certain services for internet-enabled portable terminal devices such as smart phones (hereinafter, “Terminal Devices“). The FlexiDrive App may be provided via a download link[4].

The Instructor will provide all necessary vehicles, tools and other equipment that may be required to fulfil the Bookings.

[The Instructor agrees that when he/she receives a Booking, the location of the Instructor will be displayed after localisation via the FlexiDrive App on a map. Instructor specific information, which may include the Instructor’s car registration and/or license plate number and evaluation rating will be displayed on the potential student’s Terminal Device. When the Instructor starts the FlexiDrive App, the Instructor’s location can be identified by all potential students using the FlexiDrive App. Instructors can set their status to “occupied” at any time using the FlexiDrive App.][5]

The scope of the FlexiDrive Services and use of the FlexiDrive App does not include the use of the required internet connection. FlexiDrive does not provide or maintain the networks over which the FlexiDrive Services are provided. It is the Instructor’s sole responsibility to arrange for internet access and to configure the Terminal Device for use with the FlexiDrive App. All associated costs and fees are the Instructor’s sole responsibility.

The Instructor agrees to maintain his/her vehicle in a clean and comfortable condition for the purpose of fulfilling each Booking.

The Instructor shall be responsible for all expenses incurred in the performance of his/her obligations under the Terms. This shall include but shall not be limited to vehicle, travel expenses, vehicle maintenance and repair costs, license fees and permits, insurance premiums, fuel, mobile phone expenses, sustenance and all salary, expenses, and other compensation paid to any employees or contract personnel that the Instructor may hire to complete to fulfil the Bookings or his/her other obligations under the Terms.

5. Instructor Indemnity

The Instructor agrees to indemnify, defend and hold FlexiDrive, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including legal fees, resulting from any breach of the Terms, breach of any warranty or any obligation of the Instructor related to the FlexiDrive Services.

6. Instructor Representations and Warranties

In its capacity as an independent contractor, the Instructor agrees, represents and warrants that:

he/she is in possession of all governmental licenses, approvals and qualifications necessary for the legal fulfilment of the Bookings. The Instructor shall furnish evidence of such licenses and approvals prior to commencing use of the FlexiDrive App and at any time thereafter at the request of FlexiDrive;

he/she will at all times have all necessary insurance policies in place to provide driving lessons in accordance with the Terms;

he/she will immediately report to FlexiDrive any changes with respect to the Instructor’s licence, insurance or any other matters that are relevant to the Instructor’s ability to provide driving lessons; and

he/she shall inform FlexiDrive completely and promptly in the event that the Instructor receives any information that any third party has brought or intends to bring a claim for damages against FlexiDrive resulting from the actions of the Instructor.

7. Billing for the FlexiDrive Services

FlexiDrive will accept payment from students via the FlexiDrive App, through the secure Stripe payment processor. An Instructor shall never accept nor ask for payment from students connected via the FlexiDrive App.

The Instructor will be paid a fixed fee for each Booking that has been fulfilled (the “Fee”). [The Fee shall be agreed between the parties from time to time].[6]

[The Instructor will receive one electronic credit for each Booking that has been fulfilled which credits shall be viewable by the Instructor on the FlexiDrive App.][7]

The Instructor shall send a weekly invoice to FlexiDrive detailing the number of Bookings that he/she has fulfilled in the previous week (the “Instructor Invoice”).

Subject to verification with the records of the FlexiDrive App, FlexiDrive shall discharge the Instructor Invoice via a PayPal credit payment within 30 days of receipt of the Instructor Invoice.

8. Open Bookings

In circumstances where a potential student does not specify their choice of Instructor, FlexiDrive may forward the lesson request (an “Open Booking”) to all available Instructors. Each Instructor will then be free to accept the Open Booking on a “first come first served” basis. The Instructor shall then perform the driving lesson in accordance with the student’s request.[8]

Each Instructor shall be free to accept Open Bookings. Once an Instructor has confirmed acceptance of an Open Booking, the Instructor shall carry out the Open Booking in accordance with student’s reservation. This shall include (but is not limited to) to picking up the student at the agreed place and at the agreed time and to conduct the lesson in the manner requested by the student.

If an Instructor is unable to carry out an Open Booking that he/she has accepted, the Instructor shall cancel the Open Booking via the FlexiDrive App without delay. FlexiDrive will then offer this Open Booking to other Instructors.

The Instructor shall indemnify FlexiDrive against any claims arising from the Instructor’s failure to fulfil an Open Booking.[9]

9. Software

The Instructor shall neither personally nor through third parties bypass nor modify the security precautions of the FlexiDrive App.

All intellectual property rights in the FlexiDrive App shall remain with FlexiDrive. The Instructor acknowledges that it has no right to have access to the FlexiDrive App in source-code form. The FlexiDrive App provided to the Instructor must not be copied, modified, regressed, decompiled, reverse engineered and/or distributed.

The Instructor shall keep his/her user name and password safe and shall not disclose such details to third parties or provide them with access to the FlexiDrive App. The Instructor shall be solely responsible for the confidentiality and security of his/her account. Any unauthorised third-party use must immediately be reported to FlexiDrive.

FlexiDrive reserves the right to revise, change and/or update the FlexiDrive App in any manner in order to develop it further and improve it qualitatively. It is the Instructor’s responsibility to assure that the latest version of the FlexiDrive App is installed on the Instructor’s Terminal Device.

For the provision of the FlexiDrive Services, the current location of the student looking for a lesson and the Instructor will be tracked, provided that the tracking function has been activated on their Terminal Devices.[10]

10. Intellectual Property

FlexiDrive’s product names, service names, slogans or logos referenced on FlexiDrive’s websites and/or in the FlexiDrive App are trademarks or registered trademarks of FlexiDrive. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.

FlexiDrive’s product names, service names, slogans or logos referenced on FlexiDrive’s websites and/or in the FlexiDrive App are trademarks or registered trademarks of FlexiDrive. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.

FlexiDrive’s product names, service names, slogans or logos referenced on FlexiDrive’s websites and/or in the FlexiDrive App are trademarks or registered trademarks of FlexiDrive. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.

FlexiDrive’s product names, service names, slogans or logos referenced on FlexiDrive’s websites and/or in the FlexiDrive App are trademarks or registered trademarks of FlexiDrive. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.

FlexiDrive’s product names, service names, slogans or logos referenced on FlexiDrive’s websites and/or in the FlexiDrive App are trademarks or registered trademarks of FlexiDrive. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.

The Instructor agrees to treat as secret and confidential and agrees not to disclose or allow to be disclosed to any person or otherwise make use of or permit to be made use of any unpublished information relating to FlexiDrive’s technology, or other know-how, business plans or finances or any such information relating to a subsidiary, supplier, customer of FlexiDrive where the information was received during the period of engagement with FlexiDrive and upon termination of his/her engagement with FlexiDrive for whatever reason the Instructor shall deliver up to FlexiDrive all working papers, computer discs and tapes or other material and copies provided to or prepared by him that relate to FlexiDrive.

12. Exclusion

In the event of any breach of any obligations of the Instructor under these Terms or any applicable law, the Instructor may be temporarily or permanently excluded from the use of the FlexiDrive App and the FlexiDrive Services or from individual partial aspects of the FlexiDrive Services at the sole discretion of FlexiDrive.

13. Evaluations

The Instructor agrees that students may evaluate the Instructor and the vehicle. FlexiDrive makes no warranties or representation that the evaluations provided by Students will be objective or fair.

The Instructor agrees that students may evaluate the Instructor and the vehicle. FlexiDrive makes no warranties or representation that the evaluations provided by Students will be objective or fair.

The Instructor agrees that students may evaluate the Instructor and the vehicle. FlexiDrive makes no warranties or representation that the evaluations provided by Students will be objective or fair.

The Instructor agrees that students may evaluate the Instructor and the vehicle. FlexiDrive makes no warranties or representation that the evaluations provided by Students will be objective or fair.

14. Limitation of Liability

Nothing in these Terms shall exclude or limit in any way the liability of either party:

15. Miscellaneous

These Terms and the privacy policy constitute the entire agreement between the parties.