General Terms and Conditions

You should read these terms and conditions carefully as they set out our and your legal rights in relation to the MHSM Website.

Our Website enables you to book driving tuition services which will be provided by a MHSM driving instructor under contract between the pupil and the driving instructor.

Drive-On Ltd is the Owner and Agent for all MHSM driving instructors when we enable bookings and receive payment via our Website.

We may change these terms from time to time by publishing modified terms on this Website. If this happens, any changes will take effect straight away.

• Your attention is specifically brought to the following important terms:

• If you’re looking for who we are and how to contact us, please see Paragraph 3;
• For your rights to change or cancel a booking, please see Paragraph 8 (you will need to notify us of changes or cancellations at least 48 hours before the lesson starts);
• For your rights to end this Agreement early, see Paragraph 11; and
• For details around limitations and exclusions of our liability, please see Paragraph 15.

Nothing in this Agreement will affect any statutory rights you may have as a consumer.

1. These terms

1.1. What these terms cover. These terms cover your use of the MHSM website (our “Website”) and on which we enable you to book driving tuition services with MHSM instructors and receive payments for driving tuition (“Website Services”).

1.2. Why you should read them. These terms, together with our Privacy Policy and Cookie Policy, constitute this “Agreement” and tell you who we are, how we provide the Website Services, how each of us can change or end this Agreement, what to do if there is a problem and other important information.

1.3. Your agreement for driving tuition is with your instructor. The contract for driving tuition is solely between you and your driving instructor and is separate to this Agreement. Your driving instructor is responsible for any obligations relating to the provision of driving tuition (including for bookings made using our Website/App).

1.4. Our agreement with you for Website Services. This Agreement is between you and Drive-On Ltd. and is for the Website Services which enable you to book driving tuition services with MHSM instructors and on which we receive payments from you.

1.5. Acceptance of this Agreement. By using the Website Services, you agree to be bound by this Agreement to the exclusion of all other terms and conditions. You also acknowledge and agree that we may process your personal data in accordance with our Privacy Policy and Cookie Policy (which are subject to change from time to time). If you do not accept the terms of this Agreement, please do not use our Website.

2. Who we are and how to contact us

2.1. Who we are. We are Drive-On Ltd (trading as MHSM Mill Hill School of Motoring), a limited company incorporated in England and Wales (company number 12839965) and our registered office is at 218 Deansbrook Rd, Edgware HA8 9DJ.

2.2. How to contact us. For any queries relating to driving tuition, we suggest that you contact your instructor in the first instance. To speak to us about the Website Services, please email drive@mhsm.co.uk

3. We act in the following capacity to

3.2.1. enable you to make bookings for driving tuition with your instructor;

3.2.2. supply any information or documentation to you; and/or

3.2.3. process any payments for your lessons.

4. Website Services

4.1. When you use our Website, we’ll let you know about the availability of an MHSM instructor operating in your area and the fees.

4.2. Responsibility for matters relating to lessons and tests lies solely with your instructor who are responsible for all matters relating to the provision of driving tuition. This means that you and your instructor will need to agree all matters relating to timing, location and content of driving lessons and tests.

4.3. Lessons can only be booked using our Website for an individual who meets ALL of the following criteria:

4.3.1. aged 17 or over, or aged 16 or over and receive the higher rate of Disability Living Allowance (mobility component); and

4.3.2. holds a valid UK provisional driving licence, full UK driving licence or overseas driving licence; and

4.3.3. is legally entitled to drive in the UK.

4.4. On your first lesson you must present your instructor with a valid driving licence. We may also ask you to provide details of your licence to us so that we can verify its validity.

4.5. Entitlement to drive. You must notify your instructor of any matters which affect your ability or entitlement to have driving tuition, including (without limitation) any lack of or loss of a valid UK provisional driving licence or other licence referenced in Paragraph 4.3.2.

4.6. What happens if you do not give required information to us. We will ask you to provide certain information to us or your instructor (as applicable). If you do not provide this within a reasonable time or if you provide incomplete or incorrect information, then we may either end this Agreement (and Paragraph 12 will apply) or charge you a reasonable additional sum for extra work required as a result. We are not responsible for any failures or delays caused by you not giving us information we need within a reasonable time of us asking for it.

4.7. We are not responsible for delays outside our control. If any Website Services are delayed by an event outside of the control of Drive-On Ltd. or MHSM, then we will contact you as soon as possible and take steps to minimise the effect of the delay. Provided we do this then we will not be liable for delays caused by the event, but if there is a risk of substantial delay then you may contact us to end this Agreement and receive a refund for any sums you have paid in advance for tuition not already received.

4.8. Our rights to suspend the Website Services. We may have to suspend the Website Services to:

4.8.1. deal with technical problems or make minor technical changes;

4.8.2. update the Website Services to reflect changes in relevant laws and regulatory requirements; and/or

4.8.3. make changes to the Website Services as requested by you or notified by us to you (see Paragraph 10).

4.9. Your rights if we suspend the Website Services. We will contact you in advance to tell you we will be suspending the Website Services, unless the problem is urgent or an emergency. You may contact us to end this Agreement if we suspend it, or tell you that we are going to suspend it, for a period of more than 30 days and we will refund any sums you have paid in advance for tuition not already received.

4.10. We may also suspend the Website Services if you do not pay. If you do not pay us when you are supposed to (see Paragraph 5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Website Services and you will not be entitled to associated driving tuition until you have paid us the outstanding amounts.

5. Payment and lesson bookings

5.1. Fees. The “Fees” are the sum(s) which you agree to pre-pay for driving lessons and which we collect. The Fees include VAT and are calculated in pounds sterling (£) (GBP) unless stated otherwise. The Fees will be shown on the booking page on our Website when you book your driving lesson(s), provided that additional Fees may be due if certain events occur (please see Paragraph 6).

5.2. Topping up your account. You may top up your account by pre-paying additional funds to purchase additional driving lessons. You may also request a refund of pre-paid amounts for driving tuition not yet provided, subject to any applicable late cancellation fees (please see Paragraphs 8 and 9 for further details.

5.3. Minimum number of lessons. You may be required to pre-pay for a minimum number of lessons as notified to you on our Website during the booking process.

5.4. Booking fee. The Fees include a booking fee (as notified to you on our Website before you make a payment) on the purchase price of your initial lesson package, and all future top-ups.

5.5. Payment method. If you book driving lessons using our Website Services then you must pay using the payment methods specified on our Website from time to time. We cannot accept other forms of payment and do not have any responsibility or liability for payments made by any other means (including if you pay your instructor directly – see Paragraph 5.10).

5.6. Third party payment platform. All payments are made via a third party payment platform that may change from time to time. You will be notified of the third party payment platform at the time your payment information is required, so please read any applicable third party terms carefully. You confirm that the payment card you use is yours or that you have been specifically authorised to use it to purchase the driving lesson(s).

5.7. Payment data. We do not collect, hold or process your payment details at any time throughout the booking of your Service and your payments will be subject to the terms and conditions of the third party payment platform.

5.8. When payment is due. You must pre-pay the Fees due for driving tuition at least 48 hours before the start of the lesson.

5.9. What happens if we get the price wrong. It is possible that, despite our best efforts, some of the driving lessons may be incorrectly priced. If the correct price at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end this Agreement and/or cancel associated booking(s) and will refund you any sums you have pre-paid for tuition not yet received.

5.10. Payments to instructors. We do not accept any responsibility for any payments made directly to instructors or any other third parties (whether for booking additional lessons or otherwise).

6. Price changes

6.1. Price validity. The Fees for pre-paid tuition are based on the lesson price at the time when your booking is confirmed and except as outlined in Paragraph 6.2, the lesson price will be valid for 6 months after that date. Any unused lessons remaining after 6 months have elapsed will be subject to any lesson price increase applied prior to the lessons being taken which shall become payable by you.

6.2. Adjustments to pre-paid amounts due. Where you’ve prepaid, you’ll either be required to pay any additional amounts beyond the cost of your prepaid lessons or receive a refund of some of your prepayments.

7. Special offers and discounts

7.1. Special offers. From time to time, we may provide offers and discounts for new and existing learner pupils. Additional terms and conditions apply and we reserve the right to introduce and withdraw offers from time to time without notice. All offers remain subject to availability.

7.2. Introductory offers. Introductory offers are only available to new learner pupils who have not previously booked lessons with MHSM and are only applied to a pupil’s very first booking. They can’t be used in conjunction with other offers and aren’t transferable.

8. Changes to bookings

8.1. If you want to cancel a booking. You must give your instructor a minimum of 48 hours’ prior notice of cancellation for any driving lesson. If you are unable to speak with your instructor, you are able to cancel lessons using our Website provided that you are giving 48 hours’ prior notice.

8.2. What happens if you don’t give 48 hours’ notice. If you don’t give at least 48 hours’ notice of cancellation before the lesson start time then you’ll be charged for those lesson(s) in full, provided that this does not affect any rights you may have to cancel this Agreement under the statutory 14-day cooling off period (see Paragraph 11.3).

8.3. Cancellation of driving tests. The Driver and Vehicle Standards Agency (DVSA) requires you to give three clear working days to cancel your test. This may mean that you may lose your DVSA test fee if don’t cancel it in time and/or if your instructor says you’re not ready for your test within this three-day notice period.

8.4. If your instructor cancels a lesson. If your instructor cancels a lesson then they’ll endeavour to rearrange the lesson with you. If they don’t do this then please contact them or you can re-schedule the lesson time using our Website. If you have any issues please contact us via email.

8.5. Replacement instructors. Your instructor may arrange for a replacement driving instructor to provide your lesson and they will let you know the name of the replacement instructor in advance of the lesson. If you do not wish to undertake the lesson with the replacement instructor then please let your main instructor know so that they can make other arrangements.

8.6. We may need to make changes to a booking. There may be occasions where we will need to change or cancel a booking. If this occurs, we will let you know and endeavour to re-book your lessons at your earliest convenience.

9. Refunds

9.1. Statutory rights. Nothing in this Paragraph 9 will affect any statutory rights to a refund that you may have as a consumer.

9.2. Refunds of amounts pre-paid to us. You can request a full refund of amounts pre-paid to us for unused driving tuition using the Website Services, subject to the following:

9.2.1. you won’t be eligible for a refund on any lessons which have already been taken at the time of cancellation;

9.2.2. if you cancel pre-paid tuition within 48 hours of the lesson time then you won’t be eligible for a refund on those lessons;

9.2.3. where possible, we’ll refund you using the same method you used to pay for your lessons. If for any reason we’re not able to do this, we’ll refund you by any other method we think is appropriate;

9.2.4. we may request additional information from you to confirm your identity to comply with the Money Laundering Regulations 2007. We’ll use this information to make sure we follow our Merchant Operating Instructions for card collection facilities;

9.2.5. refunds may take up to 10 working days to reach you or your account;

9.2.6. refund of partial block bookings will be made pro rata on any lessons not taken, provided that if any block bookings were subject to a discount based on a minimum number of lesson bookings then any lessons already taken will be charged at non-discounted pricing if you have not met the minimum booking criteria for the offer; and

9.2.7. in the event of a ‘buy one, get one free’ or similar offer, no refund will take place once the first lesson has been taken.

9.3. Refunds of amounts paid to your instructor directly. If you’ve paid your instructor directly for the tuition that you want to cancel, then you should speak to your instructor as we have no responsibility for those direct payments (see Paragraph 5.10 for more information).

10. Our rights to make changes

10.1. Changes to these terms. We may change the terms of this Agreement at any time by publishing modified terms on our Website. Your use of our Website after a change has been posted will be deemed to signify your acceptance of the modified terms of this Agreement. We recommend you print a copy of this Agreement and retain a copy for your records.

10.2. There may be occasions where we will need to change or cancel a booking (see Paragraph 8.6) or make changes to the Website Services.

10.3. If you are not happy with any change we have made to a booking, the Website Services or this Agreement then you can contact us to cancel your booking(s) and receive a refund for any driving tuition paid for but not received.

11. Your rights to end this agreement

11.1. You can always end your Agreement with us. Your rights when you end this Agreement will depend on what you have purchased, how we are performing and when you decide to end this Agreement:

11.1.1. If what you have bought is faulty or misdescribed, you may have a statutory right to end this Agreement, to get the service re-performed or to get some or all of your money back;

11.1.2. If you want to end this Agreement because of something we have done or have told you that we are going to do, see Paragraph 11.2;

11.1.3. If you are a consumer and have just changed your mind about the services, see Paragraph 11.3. You may be able to get a refund if you are within the 14-day cooling-off period, but this may be subject to deductions.

11.2. Ending this Agreement because of something we have done or are going to do. If you are ending this Agreement for a reason set out at Paragraphs 11.2.1 to 11.2.5 below then this Agreement will end immediately, and we will refund you in full for any driving tuition which has not been provided. The reasons are:

11.2.1. we have told you about an upcoming change to the Website Services or these terms which you do not agree to (see Paragraph 10);

11.2.2. we have told you about an error in the Fees or description of driving tuition services and you do not wish to proceed;

11.2.3. there is a risk that supply of the Website Services may be significantly delayed because of events outside our control;

11.2.4. we have suspended supply of the Website Services for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

11.2.5. you have a legal right to end this Agreement because of something we have done wrong.

11.3. Exercising your right to change your mind if you are a consumer (14-day cooling off period). If you are a consumer then where you book and pay for driving tuition using the Website Services, you may have a statutory right to cancel this Agreement within 14 days and receive a refund.

11.4. When does the cooling off period start? If you are a consumer then the 14-day cooling off period starts when you enter into this Agreement, which is the earlier of when you first book or pre-pay for driving tuition using the Website Services.

11.5. When consumers do not have the right to change their minds. You do not have a right to change your mind in respect of services (including driving tuition) once they have been performed, even if the cancellation period is still running. This means that if you cancel then you will not be entitled for a refund for any lessons provided up until the time you tell us that you have changed your mind.

11.6. How we will refund consumers. If you are a consumer entitled to a refund under the 14-day statutory cooling off period then we will refund you amounts pre-paid for driving tuition by the same method you used for payment within 10 working days of you telling us that you wish to cancel this Agreement and want a refund, provided that we may deduct Fees due for services already provided when you told us that you had changed your mind.

12. Our rights to end this agreement

12.1. We may end this Agreement if you break it. We may end this Agreement at any time by writing to you if:

12.1.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or

12.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Website Services; or

12.1.3. if you otherwise break the terms of this Agreement.

12.2. You must compensate us if you break this Agreement. If we end this Agreement in the situations set out in Paragraph 12.1 then we will refund any money you have pre-paid for lessons that have not been taken, but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking this Agreement.

13. Transferability of lessons or pre-payments

You can’t sell or transfer lessons which have been purchased in your name (or any lesson pre-payments) to any other person.

14. Fraud prevention

14.1. Your lessons are only valid if they’re paid for using the methods outlined in Paragraph 5.5 above and otherwise in accordance with these terms. If they’ve been purchased through another source then please contact us immediately via email.

14.2. We can suspend or cancel lessons that were not purchased correctly. If we determine that any of your lessons weren’t purchased or pre-paid for in accordance with this Agreement, we reserve the right to suspend or cancel these lessons in your account in the Website Services without notice and neither we nor your instructor will have any obligation or liability in connection with any payments made for those lessons.

15. Our responsibility for loss and damage

15.1. We are not responsible for certain losses. We (Drive-on Ltd.) are not responsible for the following losses incurred by you (or anyone else using the Website Services):

15.1.1. Losses arising from the driving tuition. As we only provide the Website Services, we (Drive-On Ltd) are not responsible for any loss or damage arising from any driving tuition provided by your instructor as this is performed under a separate contract between you and your instructor.

15.1.2. Unforeseeable loss and damage. Loss or damage is not foreseeable it was not obvious that it would happen and nothing you said to us before we accepted your booking meant we should have expected it.

15.1.3. Losses caused by a delaying event outside our control. As long as we comply with the steps set out in Paragraph 4.7.

15.1.4. Losses which are avoidable. This includes losses caused by you or which you could have avoided by taking reasonable action (including by following our reasonable instructions relating to the Website Services).

15.1.5. Business losses. This includes any loss or damage relating to any business interest that you (or anyone else using the Website Services) may have, including without limitation any loss suffered in connection with your trade, business, craft or profession, loss of revenue, loss of profit, loss of business, loss of anticipated savings, business interruption, loss of goodwill or reputation, or loss of business opportunity whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise.

15.2. We do not exclude or limit in any way our liability where it would be unlawful to do so. We do not exclude our liability for:

15.2.1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

15.2.2. fraud or fraudulent misrepresentation;

15.2.3. any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

15.3. Limitation on our liability. Subject to Paragraphs 15.1 and 15.2, the most that we (Drive-On Ltd) will pay you in relation to losses that you incur under this Agreement is limited to £2,000 or the total Fees paid by you (whichever is greater).

15.4. Statutory rights. Nothing in this Agreement will affect any statutory rights you may have as a consumer.

16. Insurance

16.1. Your instructor will have appropriate motor vehicle insurance which will provide cover should you be involved in a collision as a learner driver whilst in control of driving the instructor’s tuition vehicle.

17. Short notice test package

17.1. What is a short notice test? A short notice test is when there’s two weeks or less from the date of the first planned lesson to the date of your booked test.

17.2. A short notice test package consists of five hours of instructor and tuition vehicle time as a minimum. This includes a two-hour driving assessment and a further three hours covering the day of your driving test. As a minimum, you’ll need to pay for five hours of tuition before any lessons can be booked. Additional hours bought within the short notice test period will be charged at the instructor’s standard hourly tuition rate plus £5.

17.3. If you fail your test. If you fail your test and need more lessons, these will be charged at your instructor’s standard hourly tuition rate.

17.4. Cancelling a short notice test package. You must give your instructor a minimum of 48 hours’ prior notice of cancellation – please see Paragraph 8 (Changes to Bookings) and 9 (Refunds) for further information.

17.5. Initial assessment. During the initial two-hour assessment lesson, you’ll be evaluated by your instructor. If, after this, the instructor tells you that you’re not ready for the test, they’re under no obligation to take you. Your instructor will advise you of the next steps needed to become test ready and this may mean that you have to purchase additional driving lessons.

17.6. Rescheduling your test. The DVSA requires you to give three clear working days to cancel or re-schedule your test. This means that you may lose your DVSA test fee if your instructor says that you’re not ready for the test after the initial two-hour assessment lesson. In these circumstances, neither we nor your instructor are liable for the cost of any lost driving test fee.

17.7. Unused pre-paid tuition. If you decide to reschedule your test to a later date, you can use the unused pre-paid hour(s) for further tuition toward the new test date.

18. Your account

18.1. Account credentials. On registering with our Website, you are issued with access credentials which must be used to access your account. Your access credentials are personal to you and are not transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your access credentials and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of any access credentials.

18.2. Responsibility for content. Your access credentials are the method used by us to identify you and are very important. You are responsible for all information posted on our Website by anyone using your username and password and any payments due as a result of the use of the Website Services by anyone using your username and password. You may not adapt or circumvent any systems in place in connection with our Website.

19. Third party websites

19.1. Links to third party websites. Our Website may contain links or reference to third party websites, which include third party goods and services. We have no control over these third party websites and therefore assume no responsibility of any content, material or information contained in them or any goods and services offered via them.

19.2. Use of third party websites. The inclusion of a hyperlink or reference to a third party website does not constitute an endorsement of such third party’s website, products or services. Your use of any third party website may be governed by the terms and conditions of that third party website and you should read these carefully before using the third party website.

20. Our responsibility for this Website

20.1. We do not guarantee that our Website will be uninterrupted or fault free, that defects will be corrected or that our Website or that the service that makes them available are free from viruses, errors or anything else which may have a harmful effect on any technology.

20.2. Suspension of our Website. We may, without notice, suspend our Website for repair, maintenance, improvement or for any other reason whatsoever.

21. Intellectual property rights

21.1. Who owns the materials on this Website. All materials presented on our Website, unless specifically indicated otherwise, are under owned by us or our licensors and we reserve all rights in any such materials (including copyright, trademarks, registered designs, design rights, domain names, database rights, patents, trade names and all other intellectual property rights). You can download or print a single copy of the contents on our Website, but you may not reproduce or redistribute materials, in whole or in part, on this Website without our prior written permission.

21.2. Who owns brands and logos on this Website. All brands and logos used on this Website are the registered property of Drive-On Ltd. You have no right to use, replicate or produce any of the brands or logos, other than as expressly detailed in this Paragraph 21.

22. Data submitted by you

22.1. Your ownership of content you upload. You retain ownership of copyright in content that you submit to our Website. You grant us a world-wide, non-exclusive, royalty free, non-terminable licence to use, copy, distribute, publish and transmit such content in any manner and for any purpose.

22.2. We accept no liability for content or data supplied by any user for display on our Website. If you submit content or data for display on our Website then you are responsible for ensuring that the content or data is accurate, complete and up to date and for updating that content or data where necessary. This is to ensure that no content or data is uploaded or submitted which is untrue, defamatory, obscene, abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. You warrant that you have taken all reasonable precautions to ensure that any content and data you upload or otherwise submit to our Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of our Website or any other technology.

22.3. We can remove material. We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on our Website that we consider to constitute a misuse of our Website or which is otherwise harmful to other users of our Website.

23. Other important terms

23.1. We may transfer this Agreement to someone else. We may transfer all or part of our rights or obligations under this agreement to someone else, provided that we will take reasonable steps to ensure that your rights under this agreement are not prejudiced.

23.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or obligations under this Agreement with our prior written consent.

23.3. Nobody else has any rights under this Agreement. This Agreement is between you and us (being Drive-On Ltd). None of the terms and conditions of this Agreement are enforceable by anyone else other than you and us.

23.4. If a court finds part of this Agreement illegal, the rest will continue in force. If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this Agreement shall not be affected.

23.5. Effect of termination. If this Agreement ends whether by expiry or termination then this will not affect our right to receive any money which you owe to us under it.

23.6. Even if we delay in enforcing this Agreement, we can still enforce it later. Our failure to enforce or non-reliance on any of the terms and conditions of this Agreement on a particular occasion or occasions will not prevent us from subsequently relying on or enforcing them.

23.7. Headings and interpretation. The headings used in the terms and conditions of this Agreement are for convenience only and shall not affect the interpretation of their contents. Any words following the terms “including”, “in particular”, “for example” or any similar expression are illustrative and will not limit the sense of the words preceding those terms.

23.8. Which laws apply and where can you bring proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the Website Services in the courts of England or Wales.

23.9. Where we may send notices. We may send all notices under this Agreement by email to the most recent email address you have supplied to us.

24. Customer care and complaints

24.1. Speaking to your instructor. In the event of any problem arising with the driving tuition, you should speak to your instructor as they provide your driving tuition.

24.2. If you want to change lessons. If you would like to change to a different package please notify us via email or via the Contact Us page on the website.

24.3. How to tell us about problems with the Website Services. If you have any questions or complaints about the Website Services, please contact us via Email.

24.4. Our complaints department. If we are not able to resolve your complaint, you can formerly contact our Complaints department by email or by post using the addresses below. We may require evidence of any financial transactions and lesson times before we’re able to investigate. You should therefore keep your Driver Record (given to you by your instructor) details accurate and up to date.

Email: drive@mhsm.co.uk

Post: Drive-On Ltd, 218 Deansbrook Road, Edgware HA8 9DJ