Driving tests

Terms and conditions

Last updated: 12 December 2018

Accessing the websites

These terms and conditions outlined apply to all users of websites controlled by or owned by DT Driver Training Limited (the “Site”). We may update these terms at any time.

It is forbidden to use or cause to be used any automated website browsing systems such as spiders and robots that access the Site utilising requests that occur more rapidly than would be possible by one person accessing the Site using one conventional online browser (such as Google Chrome).

Operators of public search engines may allow their spiders to crawl the Site for the sole purpose of creating publicly searchable indices of the content of the Sites, but not caches or archives.

The Site contains a number of ‘Services’ which include quizzes and educational material which is a mixture of official NZTA Road Code questions, questions that DT Driver Training Ltd has created in conjunction with driving instructors and other experts, third-party courses and written material. The Site does not provide the quizzes in the exact same wording or visual representation as the learner licence test, and NZTA does not endorse it as such. Your use of the Services does not entitle you to be awarded any kind of licence, endorsement, certificate or qualification other than that given by DT Driver Training.

The Site does not provide the quizzes in the exact same wording or visual representation as the learner licence test, and NZTA does not endorse it as such. Your use of the Services does not entitle you to be awarded any kind of licence, endorsement, certificate or qualification other than that given by DT Driver Training.

You may use the Services only for lawful, authorised purposes. Administrative users (‘Managers’) are responsible for the actions of Employee Drivers they have invited.

In order to provide the Services to you, you provide us permission to store and transmit your data according to our Privacy Policy so that we can display it to you when you are logged in.

DT Driver Training Ltd reserves the right to use your name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential customers. If you do not want to be listed, please contact us stating that you don’t want to be used as a reference.

If you send us feedback or ideas for updates, you grant DT Driver Training Ltd an unlimited, irrevocable, perpetual, free licence to use it for any purpose without obligation to you.

Copyrights

Copyright (c) DT Driver Training Ltd (“we”, “us”, “our”). All Rights Reserved. The text, images, graphics, sound files, animation files, video files (the “Content”) and their arrangement on the Site are all subject to copyright and other intellectual property protection. The Content is owned by or licensed to DT Driver Training Ltd. These objects may not be copied for commercial use or distribution, nor may these objects be modified or re-posted to other sites. By using this Site you agree not for yourself or through or by way of assistance from any third party to distribute, copy, extract, or commercially exploit such material or content without prior consent. This Site contains media that may be subject to the copyright rights of its providers.

This Site may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content on these sites or their policies of use. We recommend you read and adhere to the terms, conditions and privacy policies of external websites that you visit.

If you believe that any materials on the website infringe your copyright or you are an agent for someone else’s copyright then let us know by requesting removal. We’ll investigate it as quickly as possible. To file a claim you must adhere to the Digital Millennium Copyright Act standards – you can look this up on the internet, but the crux is that you have to identify the work, provide evidence of the material’s original location, let us know how it infringes, and provide your contact information. If we find that the material does not infringe copyright, or you misrepresent your ownership (or your relation to the owner) then we reserve the right to recover costs from you for our investigation. If you believe that we removed some of your content or access was disabled to it unjustly please let us know following the same DMCA standards.

Trademarks and patents

Unless otherwise indicated, all marks displayed on the Site are subject to our trademark and patent rights.

No Warranties or Representations

The information on this website is provided by us “as is” and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies. We do not guarantee that using the Site will prevent you from having a vehicle accident; you must still exercise due care and caution in your driving and drive within the law.

Use of the Site is at your sole risk. DT Driver Training Ltd, its directors, employees and agents disclaim all warranties, express or implied in connection with the Site and your use thereof.

We do not guarantee that the Service will be available uninterrupted; sometimes technical issues are outside our control.

We are not responsible for and do not guarantee the accuracy of the data uploaded by users into their Training Log or Qualifications.

We are not responsible for and do not guarantee the accuracy of the descriptions and information supplied by businesses in the directory section.

We are not responsible for and do not guarantee the efficacy or accuracy of any third-party courses or modules supplied to us. Your use of information provided in a course is at your own risk. The maximum extent of our liability is the price you paid for the course.

We will supply a certificate of achievement on completion of the theory component of any course but this does not constitute evidence that the user themselves completed the course.

If we offer a free course we reserve the right to remove access to that free course without giving notice.

If we offer a paid course, we reserve the right to remove access to the course and refund you for unused course licences.

Queries regarding courses should be addressed to the course provider listed on the specific course page.

Damages, legality and disputes

In no event will we be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Site. We do not warrant that the material contained in this site will be error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Legal and Privacy terms are intended to be effective, then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Legal and Privacy terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These terms shall be governed by and construed in accordance with the laws of New Zealand. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of New Zealand.

Termination

These terms will continue in full effect unless or until your account or these terms are terminated. We reserve the right to deactivate your account if:

  • You request it
  • You violate the terms of service
  • You don’t renew your account
  • You don’t log in for at least one year.

No Licenses

We have sought to achieve an innovative and informative Internet site. However, we must protect our intellectual property, including our patents, trademarks and copyrights. Accordingly, please appreciate that this Internet site has granted no license to our intellectual property.

Payments

Driver accounts

You can use certain Services on the Site for free, but you can also choose to pay for a course licence which grants access to more features. You will be required to select a payment plan and provide accurate information regarding your credit card. In order to renew your account, you need to keep your payment information up-to-date. You agree to pay DT Driver Training Ltd in accordance with the pricing schedule and you authorise DT Driver Training Ltd and its third-party payment processors to bill your credit card in advance on a periodic basis. Charges will appear on your credit card as ‘DT Driver Training’

Credit card

If you pay using a credit card, access will be granted immediately to the services.

Bank transfer

If you pay directly via bank transfer, access will be manually granted within 48 hours of receiving the payment to our account.

Invoices

In the case of clients that are invoiced, invoices must be paid before the due date to ensure the continuation of the Services. If you pay via invoice, payment is due within 7 days unless otherwise agreed. Payments exceeding 60 days overdue will be referred to a debt collection agency and collection costs will be added to the invoice.

One course licence is valid for one person. You must not allow multiple people to use one course licence. You must not use a course licence to demonstrate the training modules in a classroom or group situation where those people do not have their own individual course licences without prior approval.

Directory listings

You may submit a free directory listing or a paid one. Paid directory listings can be paid directly to our bank account or via Paypal, after which they will be manually approved within 48 hours of receiving the payment to our account. If you pay via Paypal, the payment will be to Darren Cottingham via Paypal.

Only one free directory listing per company is allowed. The title of the directory listing should be the business name – i.e. your business trading name, not a list of your services.

Referrers, resellers and agents

Reseller terms and conditions are here. Authorised parties (‘resellers’) can:

  1. make bulk purchases of course licences to supply to their clients, or
  2. can arrange directly with us to establish a client account and be remitted a referral fee based on the number of nominated course licences purchased by the client.
  3. sell management services to help companies monitor data created by their drivers
  4. display a DT Authorised Reseller badge on their website

The referral fee is paid to the reseller for the first year of any one course licence.

The reseller must not prevent a client renewing by withholding login credentials, or purposely let a client account expire in order to renew under a separate company name or user.

All accounts must be paid up-front before being released to the client.

Obligations

You must have an active account in DT Driver Training otherwise your referrals cannot be calculated.

Any person that the reseller gives their login credentials to (e.g. an employee) must also agree to be bound by these terms.

The reseller and DT Driver Training Limited are independent contractors and nothing in these terms creates any partnership, joint venture, franchise, agency, or employment relationship between the parties. The reseller cannot make or accept offers on our behalf.

The reseller may use the DT brand and marketing resources made available to you. The reseller does not acquire any trademark, copyright or other rights to these materials, and may not print, download or repurpose DT Driver Training’s training material, or reverse engineer any of our systems.

The reseller must never imply that it is acting on behalf of DT Driver Training Limited or DT Driver Training or misrepresent its relationship with DT Driver Training Limited.

The reseller must not use any referral to violate any laws or for any illegal or unauthorised purpose.

Customers remain the property of DT Driver Training Limited and are bound in agreement with DT Driver Training Limited. Accordingly, you must not misrepresent our terms of business.

Payments to resellers are made at the end of the month following receiving cleared funds from the client.

To become a reseller, contact us.

Disputes

If you dispute any charges you must let DT Driver Training Ltd know within 10 working days of payment. All amounts paid are non-refundable* and we reserve the right to change our prices in the future. If we increase our prices you will be notified at least 30 days before the change is due to take effect. Your continued use of the Services after the price change takes effect constitutes your agreement to pay the changed amount.

*Refundable Learner Licence Plus accounts

If you purchase a Learner Licence Plus account and do not pass the New Zealand learner licence theory test for either car (class 1), motorbike (class 6) or heavy vehicles (classes 2-5) the first time, you are entitled to be refunded an amount not exceeding the cost of one year’s access to the Learner Licence Plus account at the time you purchased or renewed it.

  • You can only be refunded once for each Learner Licence Plus account you purchased.
  • You must have purchased the account before the date of your learner licence test.
  • You must have completed all questions correctly in the modules for the licence you are taking, e.g. if you are taking a car licence, you must complete all the modules on the Car page.
  • You must have completed all questions correctly in the Learner Licence Plus course.

To be eligible for a refund you must contact us using the contact us form and we will respond with instructions for how to supply proof.

API keys

In order to use our API you need to generate an API key. You are responsible for keeping the API key secure and you must not let it be used by any unauthorised party.

Use of the APIs must be lawful and ethical, and in a manner that does not damage or adversely affect our reputation.

Any data we supply or make available to you as a result of your access to the API is supplied on an ‘as is’ basis without warranties of any kind.

Your use of the data is at your sole risk and is for business purposes only, and therefore is not covered under the Consumer Guarantees Act 1993.

We reserve the right to change the structure and means of supply of the data at any time or to add or remove API endpoints.

We reserve the right to terminate your access to the API if you breach any of our terms and conditions.

You must not make any more than 200 API data calls per day. API usage is throttled and exceeding these limits will return an error code.

We may charge a fee to set up the API and ongoing fees for API access.

To the maximum extent permitted by law, we exclude all warranties, representations and conditions in relation to the API (whether express or implied), including any warranties of availability, merchantability, fitness for purpose or non-infringement.

We do not warrant or represent that the APIs will operate without interruption, will be error-free, will meet your requirements or that all errors can or will be corrected.

To the maximum extent permitted by law, we exclude all liability to you and any third party for any loss, damage, cost or expense suffered or incurred by you or them arising directly or indirectly from your use of, or access to, the API or otherwise arising in connection with these terms, and whether in contract, tort (including negligence), statute or otherwise, and even if we have been advised of the possibility of such loss, damage, cost or expense.

If we’re liable to you or any third party under or in connection with these Terms for any reason, our maximum aggregate liability, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees you paid us in the 12 months preceding the date on which our liability first arose.

You indemnify us from and against any claim, proceeding, damage, liability, loss, cost or expense (including legal costs on a solicitor and own client basis), whether arising in contract, tort (including for negligence), statute or otherwise, arising out of or in connection with your or your customer’s breach of these terms or any act or omission by you or your customer in relation to the APIs.

General

We will not be held responsible for any delay or failure to comply with our obligations under these terms if the delay or failure arises from any cause which is beyond our reasonable control.

The Site is controlled and operated in New Zealand. These Conditions and all matters connected with any order you place on the Website are governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to all matters connected with or arising out of the Site or any order you place on the Site. Customers who access the Site from outside New Zealand do so at their own risk and on their own initiative and are responsible for compliance with their own local laws, to the extent that any local laws are applicable.

Nothing in these terms in any way is an attempt to restrict or affect your statutory rights under New Zealand law.

Contacting us

You can use the contact form to send us an email, or mail us at:

PO Box 90411

Victoria Street West

Auckland 1142

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