WEBSITE & SERVICES TERMS AND CONDITIONS OF USE

1.About the Website
1.1.Welcome to WWW.AAKAR.COM.AU (the 'Website '). The Website Driving Knowledge & Skills (the 'Services ').
1.2.The Website is operated by Aakar International Aus. Pty. Ltd. PTY. LTD. (ABN 39131514764) . Access to and use of the Website, or any of its associated Products or Services, is provided by Aakar International Aus. Pty. Ltd.. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3.Aakar International Aus. Pty. Ltd. reserves the  right to  review and  change  any of the Terms by updating this page at its sole discretion. When Aakar International Aus. Pty. Ltd. updates the Terms, it will use reasonable   endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.


2.Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Aakar International Aus. Pty. Ltd. in the user interface.


3.Subscription to use the Services
3.1.In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription ') and pay the applicable fee for the selected Subscription (the 'Subscription Fee ').
3.2.In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3.Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account ').
3.4.As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a)Email address
(b)Preferred username
(c)Mailing address
(d)Telephone number
(e)Password

(f)DOB, Address, Driving Licence No & Photo Etc.
3.5.You warrant that any information you give to Aakar International Aus. Pty. Ltd.  in the course of completing the registration process will always be accurate, correct and up to date.
3.6.Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms. As a Member you will be granted immediate access to the  Services from  the  time you have completed the registration process until  the  subscription  period expires (the 'Subscription Period ').
3.7.You may not use the Services and may not accept the Terms if:
(a)you are not of legal age to form a binding contract with Aakar International Aus. Pty. Ltd.; or
(b)you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident  or from which you use the Services.


4.Your obligations as a Member
4.1.As a Member, you agree to comply with the following:
(a)you will use the Services only for purposes that are permitted by:
(i)the Terms; and
(ii)any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b)you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c)any use of your registration information by any other  person, or  third parties, is strictly prohibited. You agree to immediately notify Aakar International Aus. Pty. Ltd. of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d)access and use of the Website is limited, non-transferable and  allows for the sole use of the Website by you for the purposes of Aakar International Aus. Pty. Ltd. providing the Services;
(e)you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Aakar International Aus. Pty. Ltd.;
(f)you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g)you agree that commercial advertisements, affiliate links, and other forms  of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken  by Aakar International Aus. Pty. Ltd. for any illegal or unauthorised use of the Website; and

(h)you acknowledge and agree that any automated use of the Website or its Services is prohibited.


5.Payment
5.1.Where the option is given to you, you may make payment of the Subscription Fee by way of:
(a)PayPal ('PayPal ')
5.2.All payments made in the course of your use of the Services are made using Commonwealth Bank Australia . In using the Website, the Services or when making any payment in relation to your  use  of the  Services, you  warrant that you have read, understood and agree to be bound by the Commonwealth Bank Australia terms and conditions which are available on their website.
5.3.You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the  Subscription Fee .
5.4.You agree and  acknowledge  that Aakar  International Aus. Pty. Ltd. can  vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.


6.Refund Policy
Aakar International Aus. Pty. Ltd. will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Aakar International Aus. Pty. Ltd. makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in    the proportional amount of the Subscription Fee that  remains unused  by the  Member (the 'Refund ').


7.Copyright and Intellectual Property
7.1.The Website, the Services and all of the related products of Aakar International Aus. Pty. Ltd. are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design   elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Aakar International Aus. Pty. Ltd. or its contributors.
7.2.All trademarks, service marks and trade names are owned, registered and/or licensed by Aakar International Aus. Pty. Ltd., who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a)use the Website pursuant to the Terms;
(b)copy and store the Website and the material contained in the Website in

your device's cache memory; and
(c)print pages from the Website for your own personal and non-commercial use.
Aakar International Aus. Pty. Ltd. does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Aakar International Aus. Pty. Ltd..
7.3.Aakar International Aus. Pty. Ltd. retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a)business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b)a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c)a thing, system or process that is the subject of a patent, registered design  or copyright (or an adaptation or modification of such a thing, system or process),
to you.
7.4.You may not, without the prior written permission of Aakar  International Aus. Pty. Ltd. and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or  are  in the public domain.


8.Privacy
8.1.Aakar International Aus. Pty. Ltd. takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Aakar International Aus. Pty. Ltd.'s Privacy Policy, which is available on the Website.


9.General Disclaimer
9.1.Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by  law,  including  the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2.Subject to this clause, and to the extent permitted by law:
(a)all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b)Aakar  International Aus. Pty. Ltd. will not be liable for  any special, indirect or consequential loss or damage (unless such loss or damage is  reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including

as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3.Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Aakar International Aus. Pty. Ltd. make any express or implied representation or warranty about the   Services or any products or Services (including the products or Services of Aakar International Aus. Pty. Ltd.) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a)failure of performance, error,  omission,  interruption,  deletion,  defect, failure to correct defects, delay in operation  or  transmission,  computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft,  destruction,  alteration  or unauthorised access to records;
(b)the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c)costs incurred as a result of you using the Website, the Services or any of the products of Aakar International Aus. Pty. Ltd.; and
(d)the Services or operation in respect to links which are provided for your convenience.


10.Education Services
10.1.By using our services, you agree that Aakar International Aus. Pty. Ltd. is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Aakar International Aus. Pty. Ltd. liable for any actions you take nor can you hold us or  any of  our  employees liable  for  any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Aakar International Aus. Pty. Ltd..
10.2.All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional,   financial or  legal advice. Results are not guaranteed and Aakar  International Aus. Pty. Ltd. takes no responsibility for your actions, choices or decisions.


11.Limitation of liability
11.1.Aakar International Aus. Pty. Ltd.'s total liability arising out of or  in connection with the Services or these Terms, however  arising,  including  under  contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2.You expressly understand and agree that Aakar International Aus. Pty. Ltd., its

affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.


12.Termination of Contract
12.1.The Terms will continue to apply until terminated by either you or by Aakar International Aus. Pty. Ltd. as set out below.
12.2.If you want to terminate the Terms, you may do so by:
(a)providing Aakar International Aus. Pty. Ltd. with 14 Days days' notice of your intention to terminate; and
(b)closing your accounts for all of the services which you use, where Aakar International Aus. Pty. Ltd. has made this option available to you.
Your notice should be sent, in writing, to Aakar International Aus. Pty. Ltd. via the 'Contact Us' link on our homepage.
12.3.Aakar International Aus. Pty. Ltd. may at any time, terminate the Terms with you if:
(a)you have breached any provision of the Terms or intend to breach any provision;
(b)Aakar International Aus. Pty. Ltd. is required to do so by law;
(c)the provision of the Services to you by Aakar International Aus. Pty. Ltd. is,  in the opinion of Aakar International Aus. Pty. Ltd., no longer commercially viable.
12.4.Subject to local applicable laws, Aakar International Aus. Pty. Ltd. reserves the right to discontinue  or  cancel your  membership at any time  and  may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Aakar International Aus. Pty. Ltd.'s name or reputation or violates the rights of those of another party.


13.Indemnity
13.1.You agree to indemnify Aakar International Aus. Pty. Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a)all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis)  incurred, suffered or arising out of or in connection with Your Content;
(b)any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c)any breach of the Terms. Dispute Resolution

14 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2.Notice:
A party to the Terms claiming a dispute ('Dispute ') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3.Resolution:
On receipt of that notice ('Notice ') by that other party, the parties to the Terms ('Parties ') must:
(a)Within 14 Days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b)If for any reason whatsoever, 14 Days days after the date of the Notice, the Dispute has not been resolved, the  Parties must either  agree upon selection  of a  mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c)The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d)The mediation will be held in Sydney , Australia.

14.4.Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5.Termination of Mediation:
If 3 months have elapsed after  the start of a mediation of the Dispute and the Dispute     has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.


15.Venue and Jurisdiction
The Services offered by Aakar International Aus. Pty. Ltd. is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.


16.Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever  nature arising  out of or  in  any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of  this governing law clause is not contested. The Terms shall be binding to  the  benefit of the  parties hereto and their successors and assigns.


17.Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and   reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality  or bargaining power or general grounds of restraint of trade.


18.Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

19.Prices and Refund policy
19.1 Each driving session's duration is 45 min only 

19.2  Published prices will be applicable from 8AM-3PM, Mon-Fri

19.3 Loading charges will apply per session up to $ 30.00 per session, if the allocated time is before 8AM or after 3PM as well as any weekends, This includes school holidays, long weekend ,Public Holidays,Instructor day off  & pickup spot more than five min driving from Hornsby SNSW.

19.4 If you enroll with Aakar Driving School and you pay any amount/buy any package with us for learning and you want a refund for not learning, then $50+GST admin & phone assistance fee may apply, refund is only applicable if our management approves.

19.5 Each individual session's price is $65 only 

19.6 Any package or advance payment you make, will have an expiration date of one year from the date of purchase if it hasn't been consumed. This is not transferable or refundable. 

19.7 Slots are only subject to availability.

19.8 Any driving session that has been booked for you, can be rescheduled within 48 hours notice but if you cancel all sessions or discontinue learning, a $50 admin fee will apply. 

19.9 Special T&Cs and levy may apply time to time as per the situation because of COVID-19

19.1.1 All prices published exclude GST.

19.1.2 Any service we provide i.e SNSW test booking,change test slot,cancel test & VFS licence verification etc. will be chargeable according to the time spent on the service. If you provide us with your SNSW test booking details or any VFS verification details by email or SMS, it will be considered as your consent for us to provide you with this service and change it accordingly. 

19.1.3  Introductory sessions include assessment. This is the start of learning and understanding the target at the end of our teaching. We enrol the student in a basic/affordable course unless specified ( this course includes brief things about the car including petrol fillling, tyre air pressure check, engine brief and car features, general road rules explations, some parking, good control of vehicle, driving with confidence, stress free driving, safe practice on road & passsing the road test with NSW). 

19.1.4 The package price is only applicable if you pay the entire amount all at once. 

19.1.5 Published price only Auto teaching , manual teaching charge $ 10 per session extra 

19.1.6 All driving sessions are one-to-one sessions except for the exemption of Keys2drive lesson where a supervisor is required to accoumpany the learner for the lesson.

19.1.7 If the supervisor wants to accompany the student, they will need to sign a concent form before the session. 

19.1.8 Session price only includes instructor's time, fuel,vehicle cleaning  & depreciation of car. Any damage of the car or in case of an accident an excess fee of $3000 is payable. An optional $50+GST insurance (valid for 1 months) is available for purchase to waive off any excess fee in case of an accident and even at fault during driving lessons only and when the instructor is present in the car with you. 

19.1.9 Use of car for test does not include the  instructor's time. It only includes vehicle cleaning, fuel, depreciation of car and mandatory insurance charges required for to cover any damages during the driving test. This is mandatory because the driving instructor is not present in the vehicle to control any situations and also because the learner will be with a third party in the car (the assessor).

19.2.1 Please ensure you take all your belongings with you after the lesson. Any time consumed by the instructor to drop off belongings back to your house will be chargeable. If the lost item is not valuable then they will be donated to the Salvation Army after two days. 

19.2.2 Package price is only applicable if you schedule all session fix time and date at the time of purchase, package are not refundable,adjustable or makeup class if not conduct as per schedule and need to schedule in one year from date of purchase will have an expiration date of one year from the date of purchase if it hasn't been consumed.

19.2.3 Any driving session that has been booked for you, can be rescheduled within 24 hours notice but if you cancel/No show it will fully charged

19.2.4 Any session we conduct 60 min price will $ 90.00 per hour + GST