The following sets forth the terms and conditions of the agreement between SafeDrive Motoring Company Limited (trading as FlexiDrive), a company incorporated in Ireland with company number: 641183 and with a registered address at Unit 2, Courtyard Business Park, Blackrock, Dublin 18, Ireland ("FlexiDrive") and the learner drivers that have downloaded the FLEXIDRIVE app. (the “student” or “students”).
The FlexiDrive application is available through iOS and/or Android and/or through FlexiDrive’s website https://www.FlexiDrive.ie (hereinafter collectively referred to as the “FlexiDrive App”).
By using the FlexiDrive App, the student agrees to be bound by the terms and conditions set out below and the FlexiDrive Privacy Policy. These terms and conditions shall be referred to hereinafter as the “Terms”.
These General Terms and Conditions for Students ("Terms and Conditions") apply to the services which are offered by FLEXIDRIVE to the students ("FLEXIDRIVE Services") via the FLEXIDRIVE app or the FLEXIDRIVE website or via websites and apps operated by third party cooperation partners ("Third Party Website Services"). The usage of the Third Party Website Services may be subject to additional terms and conditions of such third party cooperation partners. The Terms and Conditions apply to students that use the FLEXIDRIVE Services in Ireland. The Terms and Conditions shall apply in addition to any other terms and conditions additionally agreed between the parties. Any individual agreements entered into by the parties shall prevail over the Terms and Conditions and any other terms and conditions. In order to register for and use the FLEXIDRIVE Services, the student is required to accept during the registration process these Terms and Conditions to be concluded between FLEXIDRIVE as the provider of the FLEXIDRIVE Services and the student.
1.1 FLEXIDRIVE Motoring Ltd offers the FLEXIDRIVE Services to the student. The FLEXIDRIVE Services consist solely of the procurement of driving lesson services performed by approved driving instructors. The FLEXIDRIVE Services are provided to the student via the FLEXIDRIVE application. the Services allow the student to send a booking request to potential driving instructors and to communicate directly with the instructor which has accepted a booking request. The actual driving lesson services are provided by the instructor and the respective lesson contract will be concluded between the student and the instructor. FLEXIDRIVE is neither responsible nor liable for the actual lesson services provided by the instructor.
1.2 Prior to using the FLEXIDRIVE Services, the student must register. Registration requires the student's correct and full first and last name, driver number, email address ("user name"), mailing address, phone number and password. Successful registration, including acceptance of these Terms and Conditions, is required to be able to use the FLEXIDRIVE Services. During the registration process, the student will be able to identify and correct input errors before completion of the registration.
1.3 FLEXIDRIVE does not charge the student any excess fees for the use of the FLEXIDRIVE Services other than purchasing their lessons.
1.4 To the extent the student uses web-enabled mobile end-devices, such as smartphones and tablet PCs (hereinafter referred to as "mobile end-devices") to use the FLEXIDRIVE Services, FLEXIDRIVE provides to the student free of charge software (hereafter referred to as "Application") subject to the requirement and conditions of these Terms and Conditions (in particular Sec. 7) which the student may install on the mobile end-device.
1.5 The student is, at his expense, solely responsible for the internet access necessary to access the FLEXIDRIVE Services, the technical requirements (including necessary updates), and the configuration and capability of the device (including mobile end-devices) for using the FLEXIDRIVE Services and the Application.
1.6 FLEXIDRIVE is not responsible for the correctness or completeness of the data being transmitted by the FLEXIDRIVE Services or for data reaching the student in a timely manner.
2.1 Upon student selection, the Application may determine the students location in order to provide the FLEXIDRIVE Services. The location service can be selected in the privacy settings of the FLEXIDRIVE app, the Third Party Website Services, and/or the mobile end-device.
2.2 If (i) the student has selected the location services, and (ii) the student has sent a booking request order via the FLEXIDRIVE Services, the FLEXIDRIVE Services convey the students booking request together with the current location of the student to the instructor in the proximity of the student in order to allow the instructor to decide whether or not he/she can accept the booking request.
2.3 If (i) the student has selected the location services, (ii) the student has sent a booking request via the FLEXIDRIVE Services, and (iii) the instructor has accepted the booking request, the FLEXIDRIVE Services convey the students current location together with the students name and telephone number to such instructor in order to allow the instructor contact the student in order to proceed with the lesson.
3.1 FLEXIDRIVE reserves the right to modify the FLEXIDRIVE Services at any time for the purposes of advancement and quality improvement. Furthermore, FLEXIDRIVE reserves the right to discontinue or suspend the FLEXIDRIVE Services at any time permanently or temporarily without notice. Information on any permanent or temporary suspension shall be provided only via the homepage at www.FLEXIDRIVE.ie.
3.2 The student shall have no right to the continuous and uninterrupted availability of the FLEXIDRIVE Services. The FLEXIDRIVE Services are provided on an "as is" and "as available" basis.
4.1 The student will purchase driving lessons in the form of credits, i.e 1 credit = 1 lesson. These credits can be purchased via credit/debit card within the FLEXIDRIVE application.
4.2 If the student fails to turn up for a lesson, their credit is non-refundable. If the instructor fails to show up, the credit will be reissued to the student FLEXIDRIVE account.
4.3 The payment for the driving lesson service will be authorized by the student through the Application, for example through the following processes: (i) the student opens the Application on his mobile phone and enters the identification code within the Application, or (ii) the student opens the Application on his mobile phone by entering his Application login password (password set by the student upon the registration) and the identification code is already pre-stored in the Application. In this case, the student confirms his authorization for the payment in accordance with his mobile phone's functions.
4.4 If the student chooses PayPal as payment method, he/she shall pay the final amount specified by him/her in the payment process to FLEXIDRIVE, excluding the disclosure of his/her bank details to FLEXIDRIVE. The payment by PayPal involves an automatic debit process (electronic direct debit system) or charging process (credit card payment) exclusively between the student and PayPal itself. Under the PayPal terms and conditions of use, additional fees may be charged to the student when using the PayPal service. In order to use the PayPal payment service for payments to FLEXIDRIVE, the student must open a PayPal account with PayPal and confirm the PayPal payment to FLEXIDRIVE when making the payment. Under the PayPal terms and conditions of use, PayPal expressly reserves the right to debit the student's PayPal account with the different payment amounts during the payment process.
4.5 Immediately after setting and using his/her authorization method, the student is obliged to take all reasonable precautions to protect the authorization method against unauthorized access by any third party in case the authorization method is a password or code. In particular, the student is not authorized to disclose his/her authorization password or code to any third party and, in the event of such unauthorized disclosure, shall be fully responsible for any activity on their account by a third party.
4.6 FLEXIDRIVE expressly reserves the right to refrain from offering certain payment methods in any individual case.
4.7 FLEXIDRIVE expressly reserves the right to block the user account or the feature "FLEXIDRIVE-Payment" for a student permanently or temporarily or to require the student to set a new authorization method for security reasons or if there is the suspicion of an unauthorized or fraudulent use of the user account or of the student's authorization method.
4.8 The processing of the payment initiated via "FLEXIDRIVE Payment" is the responsibility of the payment services provider or payment agent. In the case of false entries or erroneous entries by the student and in the case of technical interruptions in the payment process, the student shall contact the payment service provider and/or payment agent and the student agrees that FLEXIDRIVE shall have no liability in respect of such issues.
4.9 If the student chooses to pay the fare by way of direct debit system, he/she shall ensure that there are sufficient funds in the bank account to be debited. If the funds in the bank account are not sufficient at the time FLEXIDRIVE tries to debit the account, the student shall be responsible for any associated fees and costs (e.g. costs of the charge-back) incurred by FLEXIDRIVE as a consequence of the insufficient bank account funds.
4.10 If the student breaches Sec. 4.7 and if FLEXIDRIVE incurs damages due to the student's violation of that duty, FLEXIDRIVE expressly reserves the right to assert damage claims against the student in compliance with applicable law for any damages, losses or costs. After the student has sent a Blocking Notification to FLEXIDRIVE, FLEXIDRIVE shall be responsible for the damages incurred from the use of the blocked user account itself.
5.1 The Terms and Conditions shall commence on the date of acceptance by the student and shall remain in force until terminated in accordance with its terms.
5.2 Both parties have the right to terminate the Terms and Conditions at any time by giving notice in writing (including via email).
6.1 FLEXIDRIVE shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for: (i) any economic losses (including loss of revenues, profits, contracts, data, business or anticipated savings); (ii) any loss of goodwill or reputation; (iii) any special or indirect or consequential losses; (iv) losses and/or damage not caused by its breach; (v) the actions or inactions of any students; (vi) the actions or inactions of other instructors; or (vii) failure to provide any services or to meet any of its obligations under these Terms and Conditions where such failure is due to events beyond FLEXIDRIVE's control (for example a network failure) or failure of a third party service provider (e.g. a payment services provider).
6.2 Nothing in these Terms and Conditions shall limit or exclude FLEXIDRIVE's liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
6.3 The student shall be obliged to take adequate measures to mitigate damages, in particular regularly backing up his/her data stored on the mobile end-device to reduce the potential damages in case of data loss.
7.1 FLEXIDRIVE and its respective licensors reserve any copyright and other intellectual property rights in the software used for the Application. Subject to the conditions of the Terms and Conditions, FLEXIDRIVE grants the student a limited right to install the Application on the mobile end-device of the student and to use the Application for the sole purposes of using the FLEXIDRIVE Services as permitted by the Terms and Conditions. In particular, the student is not permitted to translate, adapt, arrange, re-arrange or otherwise modify, to make copies of, to distribute, to rent out, to borrow, to lend, to sublicense, to publicly display, to make available to the public or to publicly perform the Application, or copies thereof. Furthermore, the student shall not reverse engineer, decompile or disassemble the Application unless permitted by applicable law.
7.2 FLEXIDRIVE and its respective licensors reserve any copyright and other intellectual property rights with regard to the content of the FLEXIDRIVE website and FLEXIDRIVE app, in particular texts, illustrations, graphics, layouts, pictures, audio and video as well as their selection and arrangement, and any other information on the FLEXIDRIVE website and FLEXIDRIVE app (collectively "Website Contents"). Website Contents may not be translated, adapted, arranged, re-arranged or otherwise modified, copied, distributed, rented, borrowed, lent, sublicensed, publicly displayed, made available to the public, or to publicly performed or used in any other way without FLEXIDRIVE's prior written consent. The student is only permitted to make technically necessary copies of the Website Content for the purpose of browsing (access to the FLEXIDRIVE website and FLEXIDRIVE app and display of the Website Contents). Any rights to marks used on the FLEXIDRIVE website and FLEXIDRIVE app (trademarks, trade names and titles) are reserved by their respective owners.
8.1 The student shall use the FLEXIDRIVE Services in compliance with applicable laws and regulations, shall not impair, overload or damage the FLEXIDRIVE Services and shall not jeopardize or bypass the intended purpose of the FLEXIDRIVE Services. The student shall neither personally nor through third parties bypass or modify the security precautions of the FLEXIDRIVE Services.
8.2 The student shall keep his/her username and password safe and not disclose them to third parties or provide third parties with access to the student-restricted areas of the FLEXIDRIVE Services. The student is solely responsible for the confidentiality and security of his/her user account with the FLEXIDRIVE Services. The student must immediately report any unauthorized use of the FLEXIDRIVE Services, of which he/she is aware, to FLEXIDRIVE.
8.3 Personal data of third parties transmitted or disclosed to the student (in particular personal data of instructors) may be used by the student only for purposes of receiving the driving lesson services through the FLEXIDRIVE Services. Any other use of such personal data, including disclosing the personal data to third parties, is not permitted without FLEXIDRIVE's prior written consent or unless required by applicable law.
9.1 The responsibility of student-generated content and non-student generated third party content published and transmitted by the student through the FLEXIDRIVE Services lies solely with the publishing student.
9.2 Any student-generated content or third party content must not be harmful, unlawful, harassing, threatening, defamatory, libelous, abusive, violent, obscene, hateful, racially or ethnically offensive, or otherwise objectionable in accordance with any FLEXIDRIVE content policies which may be in place from time to time.
9.3 FLEXIDRIVE has the right, and may be obliged by law, to remove any student-generated content or third party content that violates section 9.2. However, FLEXIDRIVE is not required to verify the content. Any reliance on third party generated content, such as reviews, is solely at the student's risk and the student agrees that FLEXIDRIVE shall have no liability relating to the accuracy, truthfulness or veracity of any such third-party content. FLEXIDRIVE assumes no responsibility for any third-party content published on or transferred via the FLEXIDRIVE Services and will not be liable to the student for any loss or damage that may arise in relation to any reliance on such third party content.
10.1 In the event a provision of these Terms and Conditions is invalid, unenforceable or the Terms and Conditions contain a gap, this shall not affect the validity of the remaining provisions of the Terms and Conditions.
10.2 The contractual relationship between the student and FLEXIDRIVE, including the construction of the Terms and Conditions, shall be governed by Irish law. Subject to section 10.4, the exclusive venue for any and all legal disputes arising out of or in connection with these Terms and Conditions for all parties involved shall be the Irish courts. Mandatory consumer protection law remains unaffected.
10.3 FLEXIDRIVE may amend these Terms and Conditions from time to time and will publish any amendments on the FLEXIDRIVE website.
10.4 The EU Commission has created an Internet platform for online dispute resolution ("OS-Platform"). The OS-Platform has been set up by the EU to help unsatisfied customers. The Student can use the OS-Platform to make a complaint about a good or service the student bought over the Internet and find a neutral third party ("dispute resolution body") to handle the dispute. The Student can access the OS-Platform via the following link: ec.europa.eu/consumers/odr.
10.5 The Student may not assign or transfer these Terms and Conditions or their user account without FLEXIDRIVE's prior written consent. Any attempt by the student to assign or transfer these Terms and Conditions or user account, without such consent, will be void. FLEXIDRIVE may assign or transfer these Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
10.6 Any notices or other communications required under these Terms and Conditions, including those regarding any amendment to these Terms and Conditions, will be in writing and given: (i) by FLEXIDRIVE via e-mail (in each case to the address that the student provides) or (ii) by posting to on the FLEXIDRIVE website at www.FLEXIDRIVE.ie. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
10.7 The failure of FLEXIDRIVE to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of FLEXIDRIVE. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.
As of: March 2025
© SafeDrive Motoring Ltd.
Ashgrove House,
Ashgrove Industrial Estate,
Kill Avenue,
Dun Laoghaire, Dublin 18
Registered seat: Dublin
CRO no. 641173
email: contact@flexidrive.ie