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Terms & Conditions

Table of Contents

1. Scope of Application

2. Services

3. Conclusion of the Service Contract

4. Use of the Services

5. User Registration

6. User Account

7. Messages

8. Payment

9. Coupon/Vouchers Codes

10. Warranty Duties

11. Liability Disclaimer

12. Change of Prices and GTC

13. Applicable Law and Jurisdiction

1. Scope of Application

Drivegate is a product of In-novate GmbH, a limited company incorporated under Swiss law and has its headquarters in Switzerland, CH-8873 Amden, Dorfstrasse 49. In-novate GmbH is registered under the number CHE-496.810.344 in the commercial register of the Canton of St. Gallen.

2. Services

//www.drivegate.com' style='color. #1B1B1B; font-weight. 600; text-decoration. underline;'>www.drivegate.com or utilizing our mobile application, through which driving schools can advertise, market, sell, promote, and/or offer their products and services for order, purchase, reservation, rent, or hire, and through which relevant visitors of the platform can discover, search, compare, and make an order, reservation, purchase, or payment.

3. Conclusion of the Service Contract

By using or utilizing the driving school service (e.g., by booking a driving lesson through the Drivegate platform), you enter into a direct (legally binding) contractual relationship with the driving instructor in which you make a reservation or purchase a product or service (as applicable). From the point at which you make your booking, we act solely as an intermediary between you and the driving instructor. We transmit the relevant details of your booking to the relevant driving school(s), and send you a confirmation email for and on behalf of the driving school. Drivegate does not (re)sell, rent out, offer any (driving training) product or service. Drivegate acts only as an intermediary and does not take any liability or claims arising from the contracts between the driving instructor and the student.

4. Use of the Services

Registration and use of the services is only permitted for legally unlimited capable natural persons, incorporated companies and distinct legal entities.

5. User Registration

Each person/corporation is obligated to provide truthful, accurate, current, and complete information. The platform provider is authorized to obtain information from third parties regarding the user related to this agreement. Currently, only certified driving instructors/driving schools are allowed to offer their services on the platform. The Platform provider reserves the right to reject the registration of a user without providing any reason. To register and process the subsequent booking or ordering of Services, the customer is required to have read and accepted the terms and conditions. The customer must confirm that he/she has taken notice of the privacy policy.

6. User Account

With the completion of the registration process and therefore with the conclusion of the contractual agreement, the user will be granted access to his Drivegate user account. The user must not share the access credentials of his user account with any third party and is obliged to store them safely to prevent any access by another unauthorized third party. The user account is non-transferrable. If any of these terms are violated by the user, Drivegate reserves the right to suspend any account at any time. Drivegate assumes no liability in this regard.

7. Messages

With the completion of your registration, you agree that within the scope of normal business operations you may be sent text messages (SMS) and emails. You can opt out from receiving SMS/emails from Drivegate at any time. You are aware that the opting-out from our SMS- or email-service might have adverse effects on the use of our services.

8. Payment

If available, certain providers offer the option for bookings to be paid during the booking process, in accordance with their payment policy, by secure online payment. For certain products and services, Drivegate facilitates payment for the relevant product or service through third-party payment processors on behalf of the provider. Drivegate never acts as the merchant of record. Payments are processed safely from the customer's credit/debit card or bank account to the driving school/driving instructor's bank account. Any payment facilitated and transferred to the provider by Drivegate will constitute payment of (part of) the booking price for the relevant product or service.

9. Coupon/Vouchers Codes

(i) may only be used legally and by the specified audience and for the specified purpose; (ii) may not be duplicated, sold, or transferred in any form or made available to the public unless expressly approved by Drivegate; (iii) may be blocked by Drivegate at any time for any reason without any liability for Drivegate; (iv) may only be used in accordance with the special conditions specified by Drivegate for the respective coupon code; (v) may not be paid out in cash; and (vi) may expire before redemption. Drivegate reserves the right to withhold or deduct credits or other features or benefits received by you or another user through the use of coupon/voucher codes if Drivegate determines or believes that the use or redemption of the coupon/voucher was due to error, fraud, illegality, or in violation of the applicable terms and conditions for the coupon/voucher code or these terms and conditions.

10. Warranty Duties

The platform provider guarantees the diligent execution of its services and commits to executing them in accordance with the latest technical standards. The liability of Drivegate is limited to damages that can be attributed to intentional breaches of contractual obligations or gross negligence of its employees. Users of the platform are aware that errors can occur even with careful software development and maintenance. Drivegate is not liable for consequential damages, lost profits and data loss, or for damages as a result of service interruptions, unless these are caused by gross negligence or intent for the employees. Drivegate will carry out planned system interruptions, if possible, at off-peak times. The platform provider may interrupt operations if this is necessary for important reasons, such as malfunctions or the risk of misuse. If possible, information about interruptions will be announced on the website. The platform provider is not liable for defects or disruptions for which it is not responsible, especially not for security defects or operational failures of providers or third-party companies with which it cooperates or is dependent. Furthermore, Drivegate is not liable for force of circumstances, improper actions, and disregard for risks for users or third parties, excessive use, unsuitable operating resources of providers or customers or third parties, extreme environmental influences, or interventions by the contract partner. The platform operator informs users on his website about risks that are allegedly sent in his name (spam, phishing, etc.) to the best of his knowledge and belief, and, if possible, provides security precautions. Users acknowledge that the platform operator registers data that is necessary for the fulfillment of the contract and stores it within the framework of the legal archiving obligations and evaluates it for statistical purposes if necessary. The platform operator undertakes not to disclose the data about the users to third parties for non-contractual purposes.

11. Liability Disclaimer

violence, threat, harassment, discrimination, hate speech, endangerment, invasion of privacy, human trafficking, exploitation of children, and obscenity in relation to Drivegate (or its employees and agents), the lesson provider (or its employees and agents), driving students and/or third parties, or (v) other circumstances that—at Drivegate’s sole discretion—reasonably justify Drivegate taking any of the measures above..

12. Change of Prices and GTC

The prices can be adjusted at any time. In the event of significant changes and adjustments to the GTC after the conclusion of the contract that are disadvantageous to the user, the user shall be informed of the changes and adjustments. If the changes and adjustments to the GTC are disadvantageous for the user, the user can terminate the contract until the changes and adjustments come into effect at that time. If they fail to do so, they accept the changes. The new GTC fully replaces the GTC that was previously in force.

13. Applicable Law and Jurisdiction

Subject to other statutory provisions, the agreements in connection with these GTC shall be governed exclusively by Swiss law, excluding the Vienna Sales Convention and the conflict-of-law rules of the IPRG. For all disputes arising in connection with the present agreement, the place of fulfillment, the place of debt collection, and the exclusive place of jurisdiction for all disputes shall be the courts in St. Gallen, Switzerland, unless otherwise specified.

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