WEBSITE TERMS & CONDITIONS
1. INFORMATION ABOUT US
The website kimdrivertraining.co.uk (“Our Site”) is operated by Kim Driver Training (“We /Our / Us”), a private company limited by shares incorporated and registered in England and Wales with company number 12302397 whose registered office is Unit 2 City Limits, Danehill, Reading, Berkshire, England, RG6 4UP
2.1 This page, together with the documents referred to on this page (“Terms and Conditions”) govern the terms on which you may make use of Our Site, whether as a guest or a registered user. Please read these Terms and Conditions carefully before you use Our Site. By accessing any part of Our Site, you will be deemed to have accepted these Terms and Conditions in full and you agree to abide by them regardless of whether or not you choose to register on Our Site. If you do not agree to these Terms and Conditions, please refrain from using Our Site and leave Our Site immediately.
2.2 We may revise these Terms and Conditions at any time by posting an update on Our Site. Your continued use of Our Site after any such change constitutes your acceptance of the new Terms and Conditions and they will be binding on you. You should therefore check Our Site from time to time to review the current Terms and Conditions. These Terms and Conditions were most recently updated in May 2018. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on Our Site.
3. ACCESSING OUR SITE
3.1 We do not guarantee that Our Site, or any content on it, will always be available or uninterrupted and We will not be liable for any reason if Our Site is unavailable at any time or for any period. Access to Our Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair for any reason or for any other reasonable cause.
3.2 You are responsible for ensuring that all persons who access Our Site through your internet connections are aware of these Terms and Conditions, and that they comply with them.
3.3 From time to time, We may for any reason restrict access to some or all of Our Site, to users who have registered with us.
3.4 You are responsible for configuring your information technology, computer programmes, platform, mobile phone and other devices to access Our Site.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 We (and Our licensors as applicable) are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it (“Materials”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.3 You must not scrape, extract, download, upload, sell or offer for sale any part of Our Site or the Materials and you agree not to use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any part of Our Site or the Materials. You must not bypass robot exclusion headers or other similar measures that We may use to restrict access to, or caching of, Our Site.
4.4 Our status (and that of any identified contributors) as the authors of the Materials on Our Site must always be acknowledged.
4.5 You must not use any part of the Materials on Our Site for commercial purposes without obtaining a licence from Us or Our licensors.
4.7 You will not:
(a) attempt to interfere with the proper working of Our Site or monitor use of Our Site without Our prior written permission;
(b) take any action that imposes an unreasonable or disproportionately large load on Our Site infrastructure;
(c) decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within Our Site (except to the extent permitted by law);
(d) use any network monitoring or discovery software to determine Our Site architecture or extract information about usage, individual identities or users; or
(e) circumvent, disable or otherwise interfere with security-related features of Our Site including any features designed to prevent, limit or restrict use or copying of any Materials.
4.8 You agree that you will use the Materials only in accordance with the following permitted uses (except where otherwise agreed in writing with Us):
(a) viewing them on a computer screen and maintaining one physical copy, you may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organisation to the Materials;
(b) where (and only to the extent that) permission to download and store them is specifically granted in the relevant Materials, downloading and storing the content on the hard disk of your computer or portable media but not making any further transfer or copy of it; or
(c) making only such other use of them as may be specified in the Materials. 4.9 Other than as set out above or specifically authorised in writing by Us, you agree not to distribute, reproduce, modify, store, transfer, recirculate to any third party or in any other way
use any of the Materials including as part of any database (electronic or otherwise), library, news, information, archive, website or similar service) and for any commercial purposes (including to promote or encourage the sale of your goods or services).
For the avoidance of doubt, you will not:
(a) publish or disseminate unsolicited or unauthorised advertisements or promotional materials (including junk mail, spam, chain letters, pyramid schemes) on Our Site;
(b) remove any copyright or trade mark notices from any of the Materials;
(c) publish or disseminate material that does or may infringe the rights (including intellectual property rights) of any third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of Our Site by any person or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction; or
(d) publish or disseminate material that brings or may bring Us into dispute or disrepute or in any way damages the standing or reputation of any of the foregoing.
4.10 You will not post to Our Site any link that takes a user to material that contravenes any of the restrictions set out above;
5. RELIANCE ON INFORMATION POSTED
You acknowledge that whilst We endeavour to ensure that the Materials posted on Our Site is provided for general information only, the Materials are not intended to address your particular requirements and do not constitute any form of advice or recommendation by Us. You acknowledge that the Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decision and professional advice should be obtained before making any such decision. We therefore disclaim all liability and responsibility arising from any reliance placed on such Materials by any user of Our Site.
6. OUR SITE CHANGES REGULARLY
We make reasonable efforts to update the information and content on Our Site, however, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Site is accurate, complete or up to date.
7. SUSPENSION OF ACCESS AND INDEMNITIES
7.1 Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw, cancel, amend or suspend the service We provide on Our Site or your access to all or any part of Our Site without notice if We believe you have not complied with these Terms and Conditions or for any other reason.
7.2 Without prejudice to paragraph 7.1, you agree to compensate Us in respect of any claims, losses, expenses and liabilities (including legal fees) which arise from or in relation to your use of Our Site or the Materials (or any use of the same by any third party using your username or password) or any breach of paragraph 4.
8. OUR LIABILITY
8.1 The Material displayed free of charge on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We, and third parties connected to Us hereby expressly exclude all conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any Materials posted on it.
8.2 We will not be liable to you for any loss or damage caused by Us or Our employees or subcontractors in circumstances where:
(a) there is no breach of a legal duty of care owed to you by Us or Our employees or subcontractors;
(b) you can show that there has been a breach of a legal duty of care owed to you by Us or Our employees or subcontractors, but such loss or damage does not flow naturally as a consequence of that breach; or
(c) in respect of any increase to your loss or damage arising from or relating to your actions.
8.3 In the event that you are dissatisfied with, or dispute these Terms and Conditions, Us and/or the Materials, to the maximum extent permitted by law, your sole right and exclusive remedy is to cease to use Our Site, even if that right or remedy is deemed to fail of its essential purpose. You confirm that We have no other obligation, liability or responsibility to you or any other party.
8.4 Without prejudice to paragraphs 8.1, 8.2 and 8.3 but subject to paragraph 8.5, any liability of Us arising from or in relation to your use of Our Site or the Materials (whether in tort, contract or otherwise) will be limited to one hundred pounds sterling (£100) unless We otherwise agree in writing.
8.5 Nothing in these Terms and Conditions will operate to exclude or limit Our liability for death or personal injury caused by the negligence of Us or Our employees or subcontractors, for any fraudulent misrepresentation by any of the foregoing or for any other liability which cannot be excluded or limited by applicable law.
9. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
(including personal data) provided by you is accurate and up to date.
9.3 To update data provided to Us please email email@example.com
10. TRANSACTIONS OR OTHER ACTIONS CONCLUDED THROUGH OUR SITE
10a. All Training our subject to Kim Driver Training’s Terms and conditions.
There is a 7 day cooling off period once you have paid your invoice however this becomes void if you request or require any Training related information, bookings or Training related materials.
10b. All courses will need to be paid within 24 hours of receiving the invoice.
Your Training process will begin 7 days after you have paid the invoice.
10c. Refund Policy
Once your Training Process has commenced and/or
1. The D2 & D4 Forms have Posted to you
2. Subscription to your Online Revision has commenced
3. Medical Arranged & Booked
4. Theory, Hazard Perception and/or Driver CPC Module 2 has been arranged and booked
5. Training dates have been sent to you.
6. Training Materials sent to you i.e WhatsApp Videos, emails , show me tell me Questions, Driver cpc paperwork, anything sent to you from Kim Driver Training .
Then all refund fees will be subject to administration fees plus the costs of Training Materials, and fees of all Training related bookings .
7. If a refund is requested within 4 weeks of you paying your invoice you will receive 75%of your fees paid less all costs stated above
7a. If a refund is requested within 8 weeks of you paying your invoice you will receive 50% of your fees paid less all costs stated above.
7b. If a refund is requested within 3 months of you paying your invoice you will receive 25% of your fees paid less all costs stated above .
7c. If a refund is requested within 4 months of you paying your invoice you will receive 0% of your fees paid less all costs stated above.
10d. If the DVLA Medical is failed we will require proof of the DVLA Letter to refund any monies due.
10e. Kim Driver Training hold the right to change your course due to weather conditions, DVSA strikes, vehicle breakdown, Covid related Tiers,Lockdowns or illness to instructors or any other unseen circumstances.
10f. If it has been deemed after your Driver Training that you are Not ready for your Driving test then this will be cancelled and all fees forfeited.
10g. If you can not attend your training course or any appointment that has been arranged for you then all fees will be forfeited.
10h. If you have booked a package deal then the monies payed can be used for retests, up until the monies are all used. At this point the package deal will cease and you will then be required to pay the full cost for your next course.
10.i Additional terms may apply to:
(a) any purchases you make via Our Site;
(b) registration on Our Site including for any email alert or other related services;
(c) any promotion, competition or draw appearing on Our Site.
11. VIRUSES, HACKING AND OTHER OFFENCES
11.1 You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of service attack or a distributed denial-of service (“DDOS”) attack.
11.2 By breaching paragraph 11.1, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
11.3 We use reasonable endeavours to ensure that Our Site does not contain or promulgate any viruses or other malicious code. However, We do not guarantee that Our Site will be free from bugs, viruses or malicious code and We will not be liable for any loss or damage caused by a DDOS attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any Material posted on it, or on any website linked to it. We therefore recommend that you use your own virus protection software virus check all such materials regularly for the presence of viruses and other malicious code.
12. LINKING TO OUR SITE
12.1 Links on Our Site to third party websites are provided solely for your convenience and should not be interpreted as approval by Us of those linked websites or information that you may obtain from them. We have not reviewed any such third party websites and We do not control or take any responsibility for their content or availability. We do not endorse or make any representations about any such third party websites or any material found thereon or any results that may be obtained from your use of the same. If you decide to access any such third party website, you do so entirely at your own risk.
12.2 You may link to the homepage of Our Site only, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it and, on condition that you do not replicate the home page of Our Site. In linking to Our Site you must not:
(a) create a frame or any other browser or border environment around Our Site;
(b) imply any endorsement, association or approval by Us other than its written consent or misrepresent your relationship with Us;
(c) use any logos or trademarks displayed on Our Site without Our express written permission;
(d) link from a website that is not owned by you; or
(e) link from a website that contains content which would contravene of paragraph 4.9 or that infringes the intellectual property rights of any person or does not comply with all applicable laws and regulations.
12.3 You may link to other pages of Our Site only with Our prior written consent and subject always to the same conditions as set out in paragraph 12.2.
12.4 We reserve the right to withdraw linking permission without notice.
12.5 If you wish to make any use of material on Our Site other than that set out, please address
your request to firstname.lastname@example.org
13.1 You should contact Us by email using email@example.com if
(a) you wish to complain about information, content or Materials on Our Site;
(b) you are seeking permission to link to other pages of Our Site;
(c) you object to the publication of any Material posted or made available on Our Site; or
(d) you have any other queries.
14.1 No failure or delay by Us to exercise any right or remedy provided in these Terms and Conditions or by law shall constitute a waiver by Us of that or any other right or remedy, nor shall it prevent or restrict the further exercise by Us of that or any other right or remedy. No
single or partial exercise of any right or remedy by Us shall prevent or restrict the further exercise of that or any other right or remedy.
14.2 These Terms of and Conditions are governed by English law (including non-contractual disputes or claims) and you can bring legal proceedings in respect of these Terms and Conditions and Our Site in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms and Conditions and Our Site in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms and Conditions and Our Site in either the Northern Irish or the English courts.
14.3 If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of the Terms and Conditions which will remain in full force and effect.
performance or other equitable relief for any threatened or actual breach of these Terms and Conditions.