Terms & Services

                                          (” we, us, our ”) offers its services from its website drivingonlinesupport.co.uk (”the Site”). We provide review services for driving licence applications independent from any government body. A full list of the types of applications we deal with and the services that we offer can be found on the homepage of the Site (the ” Services ”). Please note that we are not affiliated with the Official DVLA, the UK Government or any official body. We are a third-party company offering a complete online processing and validation service on your application. The services that we provide are not mandatory when applying for a driving licence and are available from the official government agency portal, which is the Official DVLA website, with which we are not affiliated, for a lower cost or free of charge. The fee charged for our checking service is additional to any DVLA fee. By using the Site, you agree to comply with and be legally bound by these terms and conditions ( ”Terms” ). These Terms govern your access to and use of the Site and Services and all other content and constitute a binding legal agreement between you and us. Please also read carefully our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site and Services. Failure to use the Site and Services in accordance with these Terms may subject you to civil penalties. You understand and agree that we are not a party to any agreements entered into between you and the DVLA or any other legal entity, nor are we an authority for approving driving licence applications. These Terms also apply to any correspondence by email between you and us.

Interpretation

Definitions. In these Terms, the following definitions apply:

  • Application: the DVLA application that you select (as set out in the table at clause 2.1) and request our assistance within reviewing and filing at the DVLA.
  • Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
  • Commencement Date: the day that the contract comes into existence as set out in Clause 2.
  • Contract: the contract between us and you for the supply of the Services in accordance with these Terms.
  • Force Majeure Event: has the meaning given to it in Clause 9.
  • Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • Order: your final submission to us for the supply of Services.
  • Services: the services supplied by us to you in reviewing the Application that you select, determining whether anything needs to be deleted, changed or added, and filing the Application at the DVLA.

Construction. In these Terms, the following rules apply:

  1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
  2. A reference to a party includes its personal representatives, successors or permitted assigns;
  3. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
  4. Any phrase introduced by the terms including, include, in particular, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
  5. A reference to writing or written includes emails.

Supply of services

An Order constitutes an offer by you to purchase Services in accordance with these Terms.

An Order is made when you select one of the Applications from the Site, which, at the time of writing, includes the following

 

Please note that the Quoted Prices may no longer be correct, and should not be relied upon.

  1. Once you have selected which Application you wish to instruct us on, you will enter various details about you that we will require in order to file the Application at the DVLA. Only once all this information is supplied will the Order be complete.
  2. Upon submitting the Order, which constitutes an offer by you, we shall debit your bank account by the Quoted Price using the card details provided to us in your Order (“Payment”). If the payment fails, we will continue to try to debit the Quoted Price from the same bank account until the payment is made and the Quoted Price has been transferred from your bank account to ours in cleared funds. Payment clearing with the Quoted Price received by us shall be deemed as our acceptance of your offer and the Contract shall form.
  3. Upon the Contract forming, you will receive an email that confirms that your order has been received and payment has completed. That written acceptance by email will be sent to the email address you supplied us when completing the Order.
  4. Once your order has been reviewed, we will prepare the Application you selected so that it is ready to be filed at the DVLA.
  5. The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us that is not set out in the Contract.
  6. Any descriptions of the Application and/or Services contained in any of our marketing material is issued or published for the sole purpose of giving an approximate idea of the Services we offer. They shall not form part of the Contract or have any contractual force.
  7. Any quotation given by us shall not constitute an offer, but shall merely be deemed to be an invitation to treat. An offer is only when you complete an Order in accordance with this Clause 2.
  8. Once the contract is formed, we shall provide the Services to you in accordance with the details of each Application as set out on the Site. The title of each Application should be interpreted literally as to what we shall supply.
  9. We shall use all reasonable endeavours to meet any performance dates, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
  10. We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
  11. We warrant to you that the Services will be provided using reasonable care and skill.
  12. There may be times that the Site is not available for you to use. This may be because we are updating or carrying out maintenance to the Site or it may be for a reason beyond our control. A delay in providing the Services may result from such delay.

Your obligations

You shall:

  • Ensure that the information you include in your Order is complete and accurate;
  • Co-operate with us in all matters relating to the Application and/or Services; and
  • Provide us with such information and materials as we may reasonably require to supply the Services and complete the Application, and ensure that such information is accurate in all material respects including any changes to the information that may occur during the period in which we supply the Services;

You warrant that:

  • You are eligible to apply for a driving licence at the DVLA and that you have complied with all applicable law and legislation.
  • All personal information you provide is to your knowledge accurate and up to date; and
  • You are aware that you can file an application to the DVLA directly without the need for our Services and that we take a fee for our Services.

If our performance of any of our obligations in respect of the Services is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Customer Default”):

  • We shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default(s), and to rely on the Customer Default(s) to relieve us from the performance of any of our obligations to the extent the Customer Default(s) prevents or delays our performance of any of our obligations;
  • We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations; and
  • You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from a Customer Default.

Payment

  1. The charges for our Services may vary from time to time. The fee we charge for our Services will only be binding and form a term of the Contract once we accept the Order made by you as described in clause 2.3.
  2. A change in a Quoted Price may occur for several reasons, including changes in taxes, duties and fees.
  3. All amounts payable by you under the Contract are exclusive of amounts in respect of value-added tax chargeable from time to time (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
  4. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you as to our full discretion.

Intellectual property rights

  1. All Intellectual Property Rights in, arising out of or in connection with the Site and our Services shall be owned by us.
  2. You acknowledge that in respect of any third party Intellectual Property Rights in the Services, your use of any such Intellectual Property Rights is conditional on us obtaining a written licence from the relevant licensor on such terms as will entitle us to license such rights to you.

Confidentiality

We shall keep in strict confidence all information obtained about you when you submitted the Order. We may disclose any confidential information that we are required to disclose by law or any governmental or regulatory authority or by a court of competent jurisdiction. This clause 6 shall survive termination of the Contract.

Limitation of liability

  1. We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
  2. Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid as Payment for the Services.
  3. The terms implied by Part II of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
  4. This clause 7 shall survive termination of the Contract.

Termination

  1. You have the right to cancel this Agreement at any time up to the end of thirty working days after the day on which we have received and accepted your application, subject to the following provisions.
  2. IMPORTANT – You do not have the right to cancel the Agreement if the provision of our Services, including checking, filling or posting your application, begins with your express agreement before the end of the thirty days cancellation period. By applying for the service you require on the Website you expressly agree that your right to cancel is restricted and not applicable once we have commenced performance of the services you have requested, and you acknowledge that these services may be provided immediately or very shortly after you order them on the Website
  3. To exercise your right of cancellation, you may give written notice to us by email, at our email address contact@drivingonlinesupport.co.uk

Refund policy

  1. Subject to your cancellation rights explained above you will not be entitled to any refund of monies paid to us in accordance with these Terms unless we have been unable to provide the Services to you, except where the fault does not lie with us or we are not given the opportunity to rectify the fault in order to subsequently provide the Services.
  2. Your statutory rights are unaffected.

Force majeure

  1. For the purposes of this Contract, a Force Majeure Event means an event beyond the reasonable control of us including but not limited to failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
  2. We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
  3. If the Force Majeure Event prevents us from providing any of the Services for more than 4 weeks, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.

General

  1. Assignment and other dealings.
  2. Notices
  3. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
  4. Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  5. No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
  6. Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
  7. Variation. Any of these Terms may be changed from time to time by us. The latest version of these Terms will only come into force when an update on the Site.
  8. Privacy. The terms of our privacy policy form part of these Terms and you agree to be bound by them.
  9. Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  10. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

Benefits

  1. Once your application to become a Member is accepted by us, it will result in a legally binding contract once you receive our confirmation letter and welcome pack via email.
  2. Membership is only available to UK Residents.
  3. The duration of your Membership is 12 months from the date of subscription and will run until either the main Member or Driving Licence exercises their right to cancel.
  4. As a Member, you will receive Admin assistance for all your Driving Licence applications, Legal assistance on any Driving Licence issue, Your Driving Licence protected in case of loss, Loyalty program

These terms are governed by English law and (subject to your rights as a consumer to bring proceedings elsewhere) you can bring legal proceedings in respect of the products in the English courts.