Services are provided to you by Driving Test Genie (“DTG” “us” “we”) on the following Terms and Conditions which you accept by using the service. References to “you” and “your” mean the learner driver who is taking the driving test.
1. You agree to us changing your driving test date and time on your behalf by signing up for the service and providing us with your driving licence number and test reference details and you grant us permission to log in to the Driver and Vehicles Standards Agency (“DVSA”) website using the details that you provide.
2. DTG has no affiliation with the DVSA and therefore we cannot guarantee to find you an earlier test date. Save those liabilities which cannot legally be limited, DTG shall have no liability to you for failure or inability to provide alternate test dates. In any event, our maximum liability shall not exceed the amount you have paid to us.
3. You agree to us:
• passing your information to the DVSA
• sending you emails to the email address you provide when you register for the service
• sending emails to the email address registered with your payment for the service
• sending SMS messages to the mobile phone number you provide when you register for the service
• sharing your information with your instructor as identified by any DTG voucher code or other correspondence
• sharing your information with a parent, guardian, spouse or partner
• sharing your information with the person who paid DTG for your account
• corresponding with you via instant chat services when we make them available
Other than the above, your details will not be shared with any third parties.
4. DTG cannot provide specific dates and times for your driving test. We check for cancellations and make them available to you by SMS message. We will reserve a cancellation on your behalf and send you an SMS advising you of the date and time. Due to the DVSA system, reservations can only be held for 10 minutes. We cannot be held responsible for delays in the delivery of SMS or email messages. Delays are unusual but may mean SMS and emails are delivered to you or received from you after the reservation period has expired.
5. We are not liable for any expenses or compensation caused by you incorrectly assuming that your test has or has not been changed. When you attempt to accept a new test date it is your responsibility to:
• check with the DVSA that any changes made or attempted to be made by us have been completed successfully
• cancel the test date if your circumstances change
6. It is your responsibility to attend the test centre in good time for your test in a suitable vehicle and with all the documents that the DVSA require. Please check before your test on the DVSA website or consult your instructor. We cannot be held liable or responsible for any driving tests that are cancelled due to you or your instructor failing to adhere to DVSA test Terms and Conditions.
7. We cannot be held liable or responsible if the DVSA changes or cancels your driving test for any reason including but not limited to, adverse weather or unavailability of your instructor or DVSA examiner.
8. Unpaid Trial accounts can be upgraded at any time. Paid Premium accounts cannot be downgraded and any upgrade fees paid are non-refundable save as described in Clause 11.
9. Paid accounts can only be used to search for tests on behalf of one person, the owner of the driving licence used on the account registration page. We reserve the right to cancel or suspend accounts that contravene this clause and no refund will be given.
10. In line with Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you may cancel your purchase and request a refund only if the service to find you a new test date has not begun. For the avoidance of doubt, the service to find you a new test date normally begins as soon as you enter your details and preferences.
11. If your purchase was made with a PayPal payment, at DTG sole discretion we may offer a refund provided that:
1. we are unable to offer you any cancellations in the 30 days following your payment, provided that at the time of payment
i. your driving licence, test reference and mobile phone number details were correct and
ii. you had booked and paid for a valid future test with DVSA
2. you, or someone else on your behalf (including other driving test cancellation services) have not changed your driving test date from that originally identified by us
3. you have not set the DTG service to search only for
i. Pre 9am cancellations and/or
ii. Saturday / Sunday cancellations
4. your test date is more than 45 days away at the time of your payment
5. your payment was made in the 6 months preceding the date of your request
6. if you cancel your test with DVSA after signing up, and we can no longer search for you, a refund will not be due on the account
Refunds offered will be net of transaction costs including but not limited to PayPal fees
12. If your purchase was made in our app using an Apple in-app purchase, you can request a full refund from Apple providing you submit your request for a refund within the first 14 days of creating a paid account with DTG. Refund requests must be sent directly to Apple by following the instructions on https://support.apple.com/en-gb/HT204084. The refund policy for in-app purchases is set by Apple and they decide who qualifies for a refund. As refunds are completely at Apple’s discretion, DTG are unable to assist if your refund request is rejected. For full details of Apple’s current terms and conditions that apply to in-app purchases, please see https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html
13. DTG may record and retain all details of your usage of the service including, but not limited to, your personal details, the date and time of cancellations that are found for you, electronic, email and other correspondence, SMS messages and instant chat messages.
14. All software and services are provided by DGT on an ‘as is’ and ‘as available’ basis with no warranties of any kind. Your statutory rights are not affected.
15. All content included on the DTG website including, but not limited to, text, images and logos are protected by international copyright law and are the property of DTG
16. All programs are the property and copyright of DTG and unless explicitly permitted in writing by DTG attempts to reverse engineer, disassemble or decompile any program are prohibited by law
17. Third Party Commissions
a. Commission payment amounts are subject to change and you will be notified in advance by email or on the website.
b. It is your responsibility to determine what, if any, taxes apply to the payments you receive, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. DTG is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
c. Commissions are paid within 30 days.
d. If an end user attempts to register using multiple referrer links, commission will be paid on a last click basis with the last referrer receiving the commission.
e. DTG is liable for a maximum of one instance of paid commission for each paid subscription.
f. You waive your right to any commission if
i. the contact or payments details you provide at the time of registration are incorrect or incomplete
ii. voucher codes are posted on discount or voucher code websites