Valid from: 21.8.2024
1. Introduction
1.1. Use of the website https://drivey.co.il , which is an advertising board and platform for locating quality driving instructors for various types of vehicle licenses, including private cars, motorcycles, buses, trucks, tractors/four-wheelers and any other type of vehicle (hereinafter: the “Site” or “Service”) is subject to the terms of use detailed below (hereinafter: the “Terms of Use”), including what is stated in the privacy policy and subject to all laws. Use of the website constitutes express consent on your part (hereinafter: the “Student” and/or the “User”) to the aforementioned terms.
1.2. Use of the site is for lawful purposes only and is permitted only to legally competent users or corporations. By using the site, the user declares that he and/or a natural guardian (father, mother) and/or another authorized representative on his behalf, in accordance with all laws, approves the terms of use of the site.
1.3. The purpose of the Terms of Use is to clarify the relationship between A.B. Proper Driving Ltd., C.P. 517017851, which is the operator of the site (hereinafter: “the Operator”) and any person and/or entity who accesses the site and/or uses the operator’s services. Use of the site constitutes your agreement to these instructions and terms and your obligation to act in accordance with them. If you do not agree to all of the terms of use, do not use the site. The operator reserves the right to terminate your use of the site if you fail to comply with one or more of the terms of use.
1.4. The Terms of Use determine your access to the Site and apply to any use you make of it, including the information, content and services that appear on it or the connectivity to other information sources provided on it or through it, as well as to any submission of information, and they constitute the legal basis for any engagement or action you take within this framework.
1.5. The Operator reserves the right to terminate your use of the Site if you fail to comply with one or more of the Terms of Use detailed below, and reserves the right to update the Terms of Use from time to time, at its sole discretion and without the need to provide any prior notice. It is clarified that the binding and determining version of the Terms of Use is the version published on the Site at the time of your use of the Site. Therefore, before performing any action on the Site, you are requested to read the Terms of Use, including the Privacy Policy, very carefully. If you do not agree to all of the Terms of Use, please refrain from using the Site.
1.6. In the Terms of Use and in all texts appearing on the Site, the singular shall also mean the plural and vice versa, and the masculine shall also mean the feminine and vice versa, all according to the context. The Terms of Use are formulated in the masculine for convenience only and do not constitute any harm and/or discrimination of any kind.
1.7. These Terms of Use constitute the entire agreement between the parties and supersede any prior agreement, proposal or representation, whether written or oral, regarding its subject matter. In the event of any conflict and/or inconsistency of any kind between the content of the Site and the provisions of the Terms of Use, the provisions of the Terms of Use shall prevail and apply.
1.8. It is hereby clarified that the operator may change and/or discontinue the website’s activity in whole or in part at any time at its sole discretion and without any need for prior notice, without the user having any claims against it as a result.
1.9. The service is active 24 hours a day, 7 days a week. However, the site may be down from time to time due to malfunctions beyond the operator’s control that may occur at any time and/or due to various maintenance work and/or other reasons, and the user will have no claims against the operator for this.
1.10. For any questions, clarifications, comments or problems relating to the service, you can contact the operator by email at: drivelycompany@gmail.com .
It is hereby clarified that changes may be made to the contact details specified above at the sole discretion of the operator and without prior notice, and the user will have no claims against it for this reason.
2. Settings
“Content” means the website, information about products, services, the online pages contained therein, the classification, arrangement and presentation of the information and any other form of illustration contained therein, in mailings and text messages.
“The Service” means driving lessons for various vehicle types and licenses, including accompanying instructions and guidelines, other related services, accompanying personal and/or professional support services, if and to the extent provided, and any changes and/or amendments to the above as may be made by the Operator from time to time at its sole discretion.
“Account” means the account opened within the Service in your name as a registered user, or any use made of our Service without opening an account.
“Site errors” means any disruption in the availability of the site caused by reasons beyond the direct control of the operator.
“Products” means all products that appear on the site that were uploaded on behalf of the teachers on the site, to the extent that they appear.
“Teachers” means the teachers who offer their services, as of the date of use of the Site.
“Your data” means all electronic data and/or information submitted by you and/or collected by the website operator during use of the website.
3. Services appearing on the site and communication with teachers
3.1. The site is a quality portal for locating driving instructors throughout the country for various types of vehicles, including: private cars, motorcycles, trucks, tractors/four-wheelers, public vehicles, buses, and any other vehicle, depending on the user’s geographic area.
3.2 Upon entering the page of each teacher and/or service, the student will be able to view various details about the teacher and his/her services as published by the teachers, including a photo of the teacher; a video clip; a connection to his/her social networks, Facebook, Instagram, YouTube, including reviews, etc.
3.3 A transaction that will be made following the publication of a service and/or product by a teacher on the site and/or following the student’s use of the site will be agreed upon directly between the student and the teacher, and does not include or bind the operator or anyone on its behalf as a party to the transaction or as responsible for it, even if information between the parties is transferred through the operator itself. For the avoidance of doubt, it is clarified that the operator serves as an advertising board and a platform for locating driving instructors only and does not provide driving services itself through this site. It is emphasized that there is no partnership relationship and/or employee-employer relationship between the operator and the teachers and/or anyone on their behalf.
3.4 The operator is not responsible for the content to the extent that it appears on behalf of the teachers who publish their details and/or services on the site, and it is the student’s responsibility to verify all relevant details regarding the service and/or teacher in which he is interested, including, but not limited to, its prices and/or rates (may be changed by the teacher); his experience; its suitability for vehicle types (whether manual and/or automatic); vehicle models; type of license (private/public vehicle/motorcycle/truck, etc.); preparation and method of preparation for theoretical tests (theory) and/or (test); the number of lessons provided by him; the number of tests the teacher submits to; the teacher’s cancellation and/or refund policy; suitability and/or interpersonal interaction between the teacher and the student, and more.
3.5 Any claim, claim or demand that the student and/or anyone on his behalf may have regarding such offers, products or services, their quality or results or their cancellation, including the number of lessons and/or tests (“tests”), etc., will be addressed by him directly to the teacher from whom the student learned, and he will not have any claim or demand whatsoever against the operator.
3.6 It is hereby clarified that the site may be updated every 24 hours and/or several days and/or another period of time defined by the operator’s software. Therefore, the operator has no ability to examine all information about the services and/or products uploaded and published on the site, if published, by the teachers and/or anyone on their behalf, and therefore is unable to perform the filtering and ensure compliance with these conditions.
3.7 The Operator carefully selects the teachers who offer services on the Site. It is hereby clarified that the selection of teachers and/or their services may change from time to time at the sole discretion of the Operator, and the User shall have no claim for any change in the composition of teachers, their number, the method of teaching, the geographical area, etc. For the avoidance of doubt, the services and the method of their provision and the conditions of study are provided by the teachers and in accordance with their discretion and not by the Operator, and the Operator has no control and/or responsibility for any inconsistency resulting from false information received from any teacher on the Site, including by virtue of the Consumer Protection Law, 5741-1981.
3.8 The foregoing does not detract from the Operator’s right to verify, examine and/or filter content uploaded by teachers as it deems appropriate to do so, from time to time.
3.9 It is clarified that the operator may change and/or update and/or cancel its contract with the teacher, without prior notice, without the student and/or anyone on his behalf having any claims against it as a result. In the event of termination of the contract with a teacher as stated, the operator will not be liable to the student or to any third party for damage or loss. The operator will do everything possible to inform the student of the termination of its contract with the teacher. In any case, the operator places additional teachers on the site.
3.10 In any case of publication of false and/or offensive information by the teacher, as well as with regard to offensive and/or harassing conduct on the part of the teacher, students are requested to inform the operator whose details appear in these terms of use. The operator reserves its rights against the teacher if necessary and at its sole discretion and without the student’s notification being required to take any legal action against the teacher.
4. User Obligations
4.1 The student undertakes to the operator not to send through the website to any third party whose details appear on the website and/or who advertises through the website, including teachers, any advertising and/or commercial material and/or any content that infringes or violates the proprietary rights of others, including copyrights or trademarks; any pornographic or sexually explicit content; any content whose publication is prohibited under the provisions of any law, including under court gag orders; any content that constitutes defamation of any person and/or corporation and/or entity and infringes upon their privacy; any computer software, computer code or application that includes computer viruses, hostile software, harmful applications and the like; passwords, usernames and other identifying information that enables the use of computer software, digital files, websites and services that require registration or payment, without such payment or registration; Any information of a harassing, offensive, hostile, threatening, vulgar or racist nature or content; any information that may mislead any third party; any information that is contrary to the accepted rules of use on the Internet or that may cause harm or injury to Internet users in general, and to users of the site and marketers in particular.
4.2 In the event of malicious and/or negligent use and/or any other harmful use by the student and/or anyone on his behalf of the service provided on the site and/or due to a violation of these terms of use, the operator will be entitled to act against the student, including by blocking him from using the site without any prior notice and in accordance with its discretion, and the student will have no claims against the operator for this. The student will also be required to indemnify the operator, its employees, managers, shareholders or anyone on their behalf for any damage, loss, loss of profit, payment or expense incurred by them – including attorney’s fees and legal expenses.
4.3 For the sake of good order, it is clarified that it is the student’s responsibility to cancel and/or change a lesson with the teacher, including the date and time, a reasonable amount of time in advance with the teacher and in order not to harm the teacher and his obligations, all in accordance with the teacher’s policy as communicated to the student and in accordance with his sole discretion. For the avoidance of doubt, the operator has no connection and/or responsibility for the lesson cancellation policy implemented by the teacher. The student and/or anyone on his behalf waives in advance any claim against the operator resulting from this.
5. Intellectual property
5.1 All intellectual property rights, including moral rights, economic rights, copyrights, trademarks, trade names, patents, designs, trade secrets and any other right in relation to the website, including, but not limited to, the content, design, editing and the manner in which the information appearing on the website is presented and edited, are reserved exclusively to the operator.
5.2 Without derogating from the above, the site, the contents, the online pages contained therein, the classification, arrangement and presentation of the information, advertisements and mailings sent by the operator, including the classification, arrangement and presentation of the information and advertisements appearing therein and any other form of illustration contained on the site and in the said mailings, are the exclusive property of the operator.
5.3 You may not copy and/or reproduce and/or reproduce and/or prepare derivative works and/or modify and/or adapt the content of the website in whole or in part for the purpose of distribution, publication, presentation, performance, transfer, broadcast, making available to the public, sale and/or any other action without obtaining prior written permission from the operator.
5.4 The site may not be used except for purposes intended for the student’s private and personal needs, as distinct from commercial needs. There is a blanket prohibition on using the site, its contents, for any other purpose, including the promotion, marketing and advertising of businesses and commercial entities.
5.5 The student undertakes not to publicly publish the content and/or part of it, except under the conditions specified on the site. The student also undertakes not to publicly publish any product and/or output of the information, whether it is printed or provided as a file on magnetic media or in any other form, and not to copy and/or reproduce and/or prepare derivative works and/or alter and/or adapt the content of the site in whole or in part for the purpose of distribution, publication, display, performance, transfer, broadcast, making available to the public, sale and/or any other action without obtaining prior written permission from the operator.
5.6 Ownership and intellectual property rights in third-party content, including images that appear on the Site, as well as reviews and information, as well as images that appear on the Site, are the property of the content owners, and may be subject to terms of use of third parties who have legally granted the Operator a license regarding such content (hereinafter: “Third-Party Agreements”).
5.7 The Operator does not claim ownership and/or copyright rights and does not assume any responsibility for any type of such content displayed on the Site. The Student acknowledges that the terms of such third-party agreements will bind him in connection with his use of the Service, including any future changes to the third-party agreements.
5.8 The Operator respects the rights of third parties and takes the necessary steps to avoid violating any rights of third parties. If the rights of a third party are violated in good faith, a violation of intellectual property rights can be reported to the Operator in the details that appear in these Terms of Use.
5.9 The provisions regarding intellectual property and the operator’s disclaimer will remain in effect after the end of use of this website.
6. Prohibition of using content for commercial purposes
It is clarified that commercial use of the content appearing on the site is prohibited, including, but not limited to, distribution, copying, duplication and/or use of the content for the purposes of transferring a competing product, including and in particular, the aforementioned prohibition on transferring to a teacher that is not included and/or appears on the site, as well as for any other business need, without the prior written permission of the operator. It is emphasized that the operator grants the student a license to use the content only and not the rights to the content as it is and as it appears on the site.
- Posting comments
- The operator’s website offers the option of publishing blogs and/or recommendations by the student.
- It is hereby clarified that in order to enable the existence of a cultural and relevant discourse, as well as to ensure clean and appropriate language, and to prevent abuse of the opportunities open to the student to express himself on the site, the site operator and/or someone on its behalf may review this content before publishing it and prevent its publication.
- The student undertakes to provide reliable, up-to-date, responsible information that is not misleading in any way, in accordance with the learning experience with the teacher.
For the avoidance of doubt, the student undertakes not to publish on the site:
- Any content that infringes or violates the proprietary rights of others – including copyrights and trademarks;
- Passwords, usernames and other details that enable the use of computer software, digital files, websites or services that require registration or payment, without such payment or registration;
- Any content that constitutes defamation of a teacher and/or any entity, or that violates his privacy or good name, or is of a harassing, insulting, hostile, pornographic and/or sexual nature, threatening or rude;
8. Liability and Disclaimer
8.1 The operator does not guarantee that the links on the site and/or in the mailings sent to the student will be correct and will lead to an active website. The presence of a particular link on the site does not mean that the content of the site is reliable and/or complete and/or up-to-date, and the operator will not bear any responsibility in this regard. Without derogating from the above, the operator is not responsible for any damage, indirect or direct, that may be caused to the student and/or his property as a result of using and/or relying on the information and content that appears on the sites that he reached through or through the use or link existing on the site.
8.2 The services on the site may be interrupted and/or accompanied by errors and/or may not be provided as scheduled without interruptions and interruptions. The operator does not warrant that the site will be immune from illegal access to the operator’s computers, damage, malfunctions, failures in hardware, software or communication lines at the operator or any of its suppliers, or will be damaged for any other reason. The operator will not bear any responsibility, of any kind, for any damage, direct or indirect, caused to the student and/or teacher and/or any third party, or to their property as a result.
8.3 The information and services available within the framework of the service provided on the site may include inaccuracies or typographical errors. The operator does not warrant and does not represent that the service will be uninterrupted or error-free, or that errors will be corrected, or that the service or the server that provides the service will be free of viruses or other harmful components. The operator does not warrant and/or represent that the use or the results of the use of the service or the materials provided through the service will be accurate, correct, reliable or trustworthy in any way.
8.4 The operator will not be liable for any damage or harm, direct or indirect, of any kind, to the extent that it is caused to the student as a result of using and relying on the content and service offered and published by the teachers on the site, to the extent that it is published by them. The student will not have any claim for his reliance on the information published by the teachers on the site and for the fact that as a result he did not use other services, including, but not limited to, purchasing products and/or services other than those he chose to purchase or purchasing from additional locations. The student will not have any claim regarding information published on the site, and the operator will not be liable to the student regarding information published on the site and/or information that came to a third party through the site, including any information uploaded by the teachers, including by virtue of the Consumer Protection Law, 5741-1981.
8.5 It is clarified that the contents on the site are not binding in any way and do not constitute professional advice and/or a substitute for professional advice in any way. It is clarified that the operator has no control over the sources of information and content and therefore the operator does not bear any responsibility for the information and content published by the teachers on the site, to the extent that they are published, and the operator does not guarantee their quality, correctness, validity, completeness, accuracy and/or suitability for any purpose.
8.6 The student expressly agrees that the operator will not be responsible in any way for unauthorized access to or changes made to the student’s information or messages, whether sent or received by him or not.
8.7 The Operator is not responsible for the content of commercial offers from third parties that appear on the Site, including the products offered by the teachers and/or any third parties. Any claim, claim or demand from a student regarding such offers, products or services, their receipt or their results, will be directed by him directly to the third party, including the teacher from whom he received the offer or purchased the service, and he will not have any claim or demand against the Operator and/or anyone on its behalf.
9. Direct Mailing
9.1 The Operator may offer the student to join the Operator’s mailing list in order to offer and/or inform him, among other things, about publications, innovations, personal benefits and other messages that are intended to update you about the Operator’s activities and various services, including via email and text messages (hereinafter: “Direct Mailing”).
9.2 For the avoidance of doubt, it is clarified that the provisions regarding direct mailing are subject to the provisions of the law, including the provisions of the Communications Law (Telecommunications and Broadcasting), 1982.
10. Period and termination; conditions for cancellation and/or cessation of use of the site by the operator
10.1 These Terms of Use will come into effect on the day any use of the Site is made, and will continue until the end of the use of the services and the engagement with the teachers appearing on the Site, subject to the provisions above and below.
10.2 The operator may at any time give notice to terminate the student’s engagement and/or use of the site, including in the following cases and at its sole discretion: (1) The student and/or someone on his behalf endangers the teacher and acts in a manner that clearly proves that he does not comply with and/or cooperates with the traffic laws and/or the teacher’s instructions and/or guidelines and/or and/or does not intend to do so or that he is unable to comply with them; (2) The student is unavailable and/or does not attend lessons scheduled with the teacher and cancels lessons without frequent notice; (3) An act of gross negligence and/or risk on the part of the student and/or someone on his behalf, including harm and/or physical and/or verbal violence and/or inappropriate behavior towards the teacher; harassment and/or violation of any other legal provision; (3) In the event that the student violates one or more of his obligations and/or declarations under these Terms of Use.
10.3 In addition, in the event that reports and/or complaints are received by the operator regarding the student’s conduct towards the teacher, a notice regarding the termination of the contract will be given to the student, either by the operator and/or the teacher himself.
10.4 The Operator may change these Terms from time to time at its sole discretion. The responsibility to keep up to date with such changes lies with the student by accessing these Terms of Use from time to time. Use of the Service at any time constitutes acceptance of the updated and revised Terms, as they appear at that time.
11. General , Jurisdiction and Notices
11.1 These Terms of Use, including the Privacy Policy, constitute the entire agreement between the parties and supersede any prior agreement, proposal or representation, whether written or oral, with respect to its subject matter. No modification, amendment or waiver of any provision of this Agreement shall be effective unless made in writing and signed or electronically confirmed by the party against whom such modification, amendment or waiver is claimed.
11.2 The user account on the site is personal and non-transferable.
11.3 The information and service are offered to the user as they are AS-IS, and the student agrees and confirms that the operator, its employees, managers, shareholders or anyone on their behalf will not be liable for any damage, direct or indirect, that may be caused to him and/or a third party related to him due to use of the information and/or due to his reliance on information displayed on the site.
11.4 These Terms of Use shall be governed solely by the laws of the State of Israel. The exclusive place of jurisdiction for any matter regarding these Terms of Use and Use shall be the competent court in the city of Netanya and/or the Central District only.
11.5 Any message sent from one party to the other will be considered to have reached its destination on the day it was sent by email/WhatsApp/app or to the other party’s registered address when the sending party has confirmation of delivery.
T.L.H.
Contract agreement with a driving instructor
DRIVELY.CO.IL portal
Signed at___________ on ___________
Between: A.B. Proper Driving Ltd., C.F. 517017851 through its owner Oren Bechor
Phone: 054-4253811
Email: drivelycompany@gmail.com
(hereinafter referred to as the ” Company “)
on the one hand
Between:
Full name:___________________
City: ______________________
Phone: ____________________
Email: ___________________
(hereinafter referred to as ” the teacher”)
on the other hand
Whereas the Company, which operates a business/internet portal for locating driving instructors throughout the country in various vehicles, known as ” DRIVELY ” (and in Hebrew: “Drively”) through a website whose address is: https://drivey.co.il (hereinafter: the ” Website “), contacted the instructor to obtain his services for driving lessons that will be published on the Website and for the Company’s customers, in accordance with the details of this Agreement (hereinafter: the ” Services “);
Whereas the Teacher wishes to provide the Company and the Company wishes to receive from the Teacher, as an independent service provider, the services in accordance with and subject to the provisions of this Agreement;
Whereas the parties wish to regulate all of their rights and obligations between them for the purpose of the engagement and its success;
Therefore, it was declared, stipulated and agreed between the parties as follows :
1. Teacher’s declarations and commitments
1.1. The teacher declares that he has the necessary skills and experience to provide driving services and undertakes to fulfill his duties in accordance with this agreement with professionalism, safety, dedication and full availability for the company’s customers and/or students.
1.2. The teacher will provide the following services for the company:
Driving lessons on a private and/or public vehicle and/or on any other and/or additional vehicle of any kind, in accordance with the students’ needs, including submitting the students to a theoretical (theory) and practical (test) test, as well as any other required matter and action arising from the provision of the lessons and the need for the student’s full and professional training in driving, subject to the terms of this agreement.
1.3. The Teacher declares that there is no impediment under any law and/or agreement to his entering into this agreement and the performance of the services pursuant to it, and that he is not in any conflict of interest between the provision of the services and the fulfillment of other duties and/or additional occupations of his outside the scope of the provision of the services, including his personal affairs, and that he undertakes to refrain from any action that may give rise to a conflict of interest in the scope of the provision of the services to the Company.
1.4 In accordance with the registration track that the teacher will register for, as detailed on the Company’s website and in Appendix A to this Agreement, the Company will issue the teacher a virtual telephone number and call recording with the option of saving the teacher’s details for contacts, and will also publish a digital business card for the teacher in accordance with the contact details that the teacher will provide for the purpose of contacting him.
1.5 The teacher declares that these details are reliable, updated and correct as of the date of the contract, and it is the teacher’s responsibility to inform the company of any changes that may be made to one or more of these details and/or any other details that may be required by the company, from time to time.
1.6 The teacher declares that all materials and documents that he will transmit to the company as part of his services to it do not and do not violate the rights of third parties, including intellectual property rights (copyrights, trademarks, etc.); protection of privacy and/or defamation, and all other matters required by law.
1.7 The Teacher declares that he will be available to inquiries from the Company and/or anyone on its behalf to clarify various issues, as well as to provide relevant materials and information in accordance with the Company’s requirements, including by telephone, email or in any other way, and will ensure that answers and/or clarifications are provided as needed in a manner that will prevent delays in the provision of his services, the subject of this agreement, and/or harm to the Company’s customers.
1.8 The teacher declares that he will be available for driving lessons and for the student’s inquiries, including requests to cancel and/or update lessons from time to time. Notification regarding cancellation and/or change of the date of driving lessons will be made in advance with the student, including confirmation of acceptance by the student, provided that the student is given an alternative date as close as possible in order to maintain the continuity and success of the lesson.
2 Lack of employment relationships
2.1 The teacher hereby declares that he is an independent contractor who provides services and does not enter into any employer-employee relationship with the company, and this agreement and its terms and conditions do not create an employer-employee relationship or any other arrangement between the service provider and the company/or anyone on its behalf. Therefore, the relationship between the parties is regulated as a relationship of “client” and “contractor” and not as an employer-employee relationship.
2.2 The teacher hereby undertakes to compensate the company for any damage caused to the company, if the company is charged any payment for an employee-employer relationship between him and the teacher.
3 Payment terms
3.1 Payment to the Company is in accordance with and subject to the registration tracks published by the Company as of the date of the contract.
3.2 It is clarified and agreed that the consideration that the Teacher will receive from providing his services to the Company’s clients constitutes the final and absolute consideration for the provision of the services by the Teacher. The Teacher hereby declares that he will not be entitled to any other compensation and/or additional consideration from the Company, except for the payment as stated.
3.3 Income tax, National Insurance and any other tax payments in accordance with any law will be paid by the teacher and under his sole responsibility. There is no employment relationship between the parties, as stated in Section 2 above.
4 Confidentiality; Intellectual Property; Absence of Conflict of Interest
4.1 The teacher declares that he is aware and agrees that during the term of this agreement he may be exposed to professional-commercial information of the company, including information of the company’s customers and suppliers, as well as to various commercial relationships.
4.2 It is hereby clarified and agreed that all information and/or content and the like to which the Teacher will be exposed, including all intellectual property rights, including moral rights, economic rights, copyrights, trademarks, trade names, trade secrets and any other right, are the exclusive property of the Company and/or its customers and/or suppliers, as the case may be.
4.3 The teacher will not transfer them to a third party, directly and/or indirectly, and will not make personal and/or commercial use of them outside the framework of providing services to the company, except with prior written approval, and that he will not be found to have a conflict of interest and will not compete with the operator and/or be associated with another company competing with it, for at least 12 months from the date of termination of the engagement under this agreement.
4.4 It is clarified and agreed that the Company may publish on its websites, from time to time, recommendations and/or opinions and/or successes of students, without prior notice to the teacher.
4.5 Any publication by the teacher on his sites will be subject to the Company’s prior approval, with the Company being entitled to request that the publication be given credit and/or mention to the Company.
5 Limitation of Liability, Indemnity
5.1 It is clarified that in any case the Company will not bear any responsibility for all the actions and/or omissions of the teacher arising from the provision of his services to the student, including, but not limited to, claims by students and/or clients and any other person relating to the Company, for violation of privacy and/or defamation and/or sexual harassment and/or physical and/or verbal violence and/or and/or wrongdoing and/or offense of any kind and type by law, as well as claims for damage and/or negligence and/or risk to the life of the student or anyone on his behalf, and the Company will not have any responsibility regarding claims in the above and other matters.
5.2 The teacher undertakes to indemnify the company and/or any of its representatives for any expense and/or loss incurred by the company, and the company will pay as a result of any claim and/or lawsuit by a client and/or student and/or third party regarding the provisions of this agreement and/or regarding any other act and/or omission of the teacher, including anything arising from this agreement and/or by law.
5.3 It is clarified that the validity of the provisions regarding limitation of liability and intellectual property, as stated in sections 4-5 above, will continue even after the termination of the agreement between the parties.
6. Period and termination; cancellation and/or termination of engagement
6.1 The contract between the parties will continue from the date of its signing, subject to the fulfillment of the provisions of this agreement and in accordance with the needs of the operator, the demand in the geographical area and the satisfaction of the company. Notice of termination and/or cessation of the contract as aforesaid will be given 30 days in advance and in writing.
6.2 Notwithstanding the above, the Operator shall be entitled at any time to immediately terminate its engagement with the Teacher without prior notice in the following cases: (1) The Teacher acts in a manner that clearly proves that he is not qualified to teach driving, including in a manner that endangers the life of the student and/or anyone on his behalf; is not knowledgeable and/or acts in accordance with traffic laws and/or does not intend to do so or is unable to comply with them; (2) The Teacher is unavailable and/or does not attend lessons scheduled with the Student and cancels lessons without prior notice and/or on a regular basis; (3) An act of gross negligence and/or risk on the part of the Teacher and/or anyone on his behalf, including physical and/or verbal harm and/or violence towards the Teacher; Harassment, including sexual harassment, and violation of any other legal provision; (4) The Teacher acts in a conflict of interest and/or while engaging in unfair competition towards the Company; (5) In the event that the teacher violates one or more of his obligations and/or statements under these Terms of Use.
6.3 In addition, in the event that reports and/or complaints are received by the operator regarding the teacher’s conduct towards the student and/or anyone on his behalf, notice regarding the termination of the contract, as stated, will be given to the teacher and in accordance with her sole discretion.
6.4 In these cases, the operator will be entitled to immediately block the teacher’s access to the website and/or other platforms owned by it.
7. Miscellaneous
7.1 This Agreement shall be governed by the provisions of Israeli law. The competent court in the city of Netanya and/or the Central District shall have exclusive jurisdiction in any dispute relating to this Agreement.
7.2 This agreement, including its appendices, includes everything agreed upon between the parties and supersedes any agreement, summary, correspondence or various understandings between the parties on the matters regulated therein.
7.3 The Teacher shall not be entitled to assign and/or transfer and/or transfer his obligations or rights under this Agreement, or any part thereof, whether for consideration or not, without prior written consent from the Company.
7.4 Any message sent from one party to the other at the parties’ addresses as specified in the introduction to this agreement will be deemed to have reached its destination on the day it is sent by email/WhatsApp/app or to the other party’s registered address when the sending party has confirmation of delivery.
And in witness whereof the parties hereto have signed:
| ________________________ | ________________________ | |
The company
| The teacher |
Appendix “A”
DRIVELY registration routes
| Basic Driveli | Silver Drives | Gold Drives | |
| Prices/Service Details | 499 shekels per month | 799 shekels per month | 1399 shekels per month |
| Search bar with the driving instructor’s name including phone number and location | |||
| A digital business card includes the teacher’s name, photo, video, connection to his social networks, Facebook, Instagram, YouTube. Includes a virtual phone number and call recording with the option to save your details to contacts. | |||
| A CRM system that allows you to know with complete transparency about the number of entries to your card, the number of calls, contact hours, and more. | |||
| Drively app for WhatsApp – a system that will answer you when you are not available. It will send a message with your business card and all your social networks to the customer’s WhatsApp automatically (valid for Android only). If the customer has a phone, the app will send an SMS message. | |||
Advertising on Drively’s social networks
| |||
| Informative advertising article on the Drively website and Drively’s social networks with a one-year commitment. | |||
| A personal video of the recommending student/teacher with his/her vehicle to be uploaded to Drively’s Instagram and Facebook. |
The price does not include VAT as per law.
The paid course has a minimum commitment of 4 months.
Our advertising and exposure system will advertise your business on all of our media channels according to the company’s decision and/or according to the package selected. A 10% discount will be given for annual payment in advance.
*Registration tracks are as listed on the company website as of the date of joining.
* The Company reserves the right to update and/or cancel one or more of the registration tracks and their terms from time to time and at its sole discretion.