Terms & Conditions
Effective: June 2026
1. INTRODUCTION
1.1 These Terms and Conditions ("Terms") govern the use of the matching services provided by Empyria (UEN: 53489352W) ("the Company", "we", "our", or "us"). "L-plate.sg" is a trading name under which the Company provides the Services. References to "L-plate.sg" in any communication, listing, or payment instruction are references to the Company.
1.2 Definitions of Parties
1.2(a) The "Student" means the individual who is the intended recipient of driving instruction arranged through the Company's matching service. The Student is the person for whom the Match is made, and the person who will engage directly with the Instructor for driving lessons.
1.2(b) The "Engaging Party" means the person who communicates with the Company to arrange the matching service. The Engaging Party may be the Student or a third party (such as a parent, guardian, or family member) acting on the Student's behalf.
1.2(c) Where the Engaging Party is not the Student, the Engaging Party warrants that they have the authority to bind the Student to these Terms and to make decisions regarding the matching service on the Student's behalf. The Engaging Party further warrants that the Student has been informed of, or directed to, these Terms prior to or at the time of the Engaging Party's communication with the Company. The Engaging Party acts as the Student's authorized representative and does not, by virtue of that role, become an independent party to these Terms.
1.2(d) The Company shall take instructions from, and direct all communications to, the Engaging Party. The Engaging Party is authorised to make all decisions, raise disputes, specify preferences, and receive the Instructor's contact details on the Student's behalf, unless the Student subsequently assumes direct communication with the Company, in which case the Company shall take instructions from the Student.
1.2(e) Where payment is made by any person (whether the Student, the Engaging Party, or a third party), that person acts solely as a payment agent. The act of making payment binds the Student to these Terms but does not confer upon the payer any independent right to make decisions, raise disputes, or request refunds under these Terms, except to the extent that the payer is also the Engaging Party.
1.2(f) Unless otherwise specified, any reference in these Terms to notification of, or communication with, the Student shall be deemed satisfied by notification of, or communication with, the Engaging Party in accordance with sub-clause (d).
1.3 Empyria is not a driving school. The Company is not licensed under the Road Traffic (Driving Instructors and Driving Schools) Rules of Singapore or any related regulations under the Road Traffic Act 1961, and does not conduct driving lessons, provide instructional vehicles, or hold itself out as a driving school in any form. The Company operates solely as a matching service that connects Students with independent, freelance Private Driving Instructors (each, an "Instructor" as defined in Clause 1.6).
1.4 [Reserved]
1.5 Case-Specific Arrangements and Goodwill Arrangements. The Company may, at its discretion, make case-specific arrangements or goodwill arrangements to certain Students (for example, a complimentary Rematch), whether agreed before or after payment. Such arrangements apply only to the specific Student concerned, are valid only if expressly confirmed in writing by the Company, do not amend or waive any provision of these Terms, and shall not create a precedent or continuing obligation for the Company.
1.6 Definitions. For the purposes of these Terms:
"Completion of Service" means the point at which the Company provides the Student with the contact details of an Instructor.
"Engaging Party" has the meaning given in Clause 1.2(b).
"Discharge of Obligations" has the meaning given in Clause 2.6.
"Rematch" has the meaning given in Clause 2.7.
"Core Criteria" has the meaning given in Clause 2.10(b)(i).
"Match" means (a) the process by which the Company identifies an Instructor based on the Core Criteria (as defined in Clause 2.10(b)(i)) provided by the Student, and (b) the resulting pairing of the Student with such Instructor.
"Preferences" has the meaning given in Clause 2.10(b)(ii).
"Elevated Preferences" has the meaning given in Clause 2.10(b)(iii).
"Core Criteria Shortfall" has the meaning given in Clause 2.10(d).
"Agency Fees" has the meaning given in Clause 3.1.
"Matching Fee" has the meaning given in Clause 3.1(a).
"Administrative Fee" has the meaning given in Clause 3.1(b).
"Prioritisation Fee" has the meaning given in Clause 3.1(c).
"Non-Responsiveness Warranty" has the meaning given in Clause 4.3.
"Qualifying Defect" means any of the following verified conditions: an Instructor being deemed Unresponsive (Clause 4.3(a)), Material Discrepancy (Clause 6.7), Material Deviation (Clause 6.8), Language Mismatch (Clause 6.9), or Core Criteria Shortfall (Clause 2.10(d)).
"Unresponsive" has the meaning given in Clause 4.3(a).
"Exclusion List" has the meaning given in Clause 5.10(a).
"Instructor" means an independent, freelance Private Driving Instructor whose regulatory eligibility to teach has been verified by the Company in accordance with Clause 6.4.
"Material Discrepancy" has the meaning given in Clause 6.7(c).
"Reasonable Proximity" has the meaning given in Clause 6.8(b).
"Material Deviation" has the meaning given in Clause 6.8(c).
"Language Mismatch" has the meaning given in Clause 6.9(b).
"Material Amendment" has the meaning given in Clause 8.1(b).
"Force Majeure Event" has the meaning given in Clause 16.1.
1.7 Binding of the Student. The Student shall be bound by these Terms in full upon the earlier of:
(a) the Engaging Party's communication with the Company to arrange the matching service;
(b) payment of the Agency Fees; or
(c) the Student's acceptance of the matched Instructor's contact details or any communication with the Instructor.
The Student may not disclaim or avoid any provision of these Terms on the basis that the Engaging Party conducted the engagement or made payment on their behalf, or on the basis that the Student did not communicate with the Company directly.
1.8 Interpretation
1.8(a) All references to "days" in these Terms mean calendar days, inclusive of weekends and public holidays, unless expressly stated otherwise.
1.8(b) All references to time shall be to Singapore Standard Time (SST / UTC+8).
1.8(c) Where a deadline falls on a specific day, it shall expire at 11:59 PM SST on that day, unless otherwise stated.
1.8(d) Where a period is expressed as "within" a specified number of days, the period shall commence on the day immediately following the triggering event and shall include the final day.
1.9 Governing Language. These Terms are drafted in the English language. The English version shall prevail in the event of any inconsistency with any translation. All communications between the Company and the Student shall be conducted in English. The Student is responsible for ensuring they fully understand these Terms and, where necessary, obtaining independent translation or advice at their own cost.
2. DESCRIPTION OF SERVICES
2.1 The Company provides a matching service that connects Students seeking driving instruction with independent Private Driving Instructors.
2.2 The Company's role is limited to identifying and matching a Student with an Instructor based on the information provided by the Student.
2.3 Booking Assistance as a Courtesy. Subject to the Discharge of Obligations under Clause 2.6, any subsequent assistance provided by the Company to help coordinate or facilitate the booking of the Student's first lesson is provided solely as a gratuitous courtesy. Such assistance does not constitute a continuation of the Company's core service, nor does it imply control, management, or responsibility over the Instructor's schedule or responsiveness. Assistance is provided on a 'non-reliance' basis and does not form part of the consideration for the Agency Fees.
2.4 [Reserved]
2.5 The Company does not guarantee any specific outcomes and makes no representation or warranty regarding the quality, reliability, or performance of any Instructor.
2.6 Post-Completion Discharge. Upon Completion of Service, the Company’s contractual obligations are deemed fully discharged ("Discharge of Obligations"). This means the Company has fulfilled its primary contractual duty and owes no further performance or service to the Student. Except as expressly provided elsewhere in these Terms, the Company shall not be responsible or liable for any further communication, coordination, disputes, or arrangements between the Student and the Instructor. Any issue arising after the provision of contact details—including but not limited to the Instructor’s subsequent availability, scheduling, conduct, fees, or cancellations—shall be solely between the Student and the Instructor. Subject to the foregoing, no post-completion circumstance shall be deemed to:
(a) invalidate the Match;
(b) reopen or reverse the Discharge of Obligations; or
(c) give rise to any refund, rematch, replacement Instructor, or liability of any kind against the Company.
2.7 Application of Terms to Rematches. For the avoidance of doubt, any rematch or replacement Instructor provided by the Company ("Rematch") shall be deemed a separate and distinct "Match" for operational purposes. Consequently, the definition of Completion of Service, the Discharge of Obligations (Clause 2.6), and the Non-Responsiveness Warranty (Clause 4.3) shall apply to the Rematch as a new instance, with all applicable timelines and notification windows resetting from the date the Rematch details are provided. However, where a Rematch is designated as "Complimentary" or "Goodwill" by the Company, it shall not attract new Agency Fees, notwithstanding Clause 3.3.
2.7(a) The provision of a complimentary Rematch is the Company's primary remedy where a provided Instructor presents a Qualifying Defect. Consequently, a refund is not available immediately upon the first occurrence of such an event.
2.7(b) A refund shall only be available if the Rematch also results in a Qualifying Defect. In such an event, the Student may elect to receive a refund pursuant to Clause 4.1(c).
2.8 Company Administrative Errors
2.8(a) Where the Company, through its own administrative error, provides the Student with incorrect Instructor contact details or matches the Student with an Instructor whose licence class does not correspond to the Student's requested licence class, such provision shall not constitute valid Completion of Service. The Company shall rectify the error by providing a replacement Match at no additional cost to the Student. No refund shall be available under this clause.
2.8(b) For the avoidance of doubt, a Company administrative error under this clause is limited to objectively verifiable errors attributable to the Company (e.g., incorrect phone number, wrong licence class). It does not extend to the Student's subjective dissatisfaction with the matched Instructor, nor to matters within the Instructor's control (e.g., subsequent changes to the Instructor's availability, fees, or licence status).
2.9 Communication During Matching
2.9(a) The Company shall provide the Student with updates on the progress of the matching process upon reasonable request by the Student.
2.9(b) Where no update has been requested, the Company shall notify the Student upon the successful identification of an Instructor Match.
2.9(c) The Company is not obligated to provide unsolicited progress updates, respond to repeated follow-up enquiries within a period shorter than seven (7) days, or furnish details of its internal matching processes.
2.10 Student Preferences
2.10(a) The Student may specify preferences for the matching process, including but not limited to preferred language of instruction, gender of Instructor, or specific geographical requirements. The Company shall use reasonable efforts to accommodate stated preferences but does not guarantee that all preferences can be met.
2.10(b) Preferences are classified as follows:
(i) Core Criteria: Licence class and general location (e.g., nearest driving centre or HDB Town). Core Criteria form part of the matching requirements and a failure to meet Core Criteria shall entitle the Student to the remedies under the relevant provisions of these Terms (e.g., Clause 6.8 for location).
(ii) Preferences: All other stated preferences (e.g., language, gender, specific time slots, teaching style). Preferences are treated on a best-efforts basis. The Company's inability to accommodate a Preference shall not constitute grounds for a refund, rematch, or claim against the Company, provided the Core Criteria have been met.
(iii) Elevated Preferences: Where the Student expressly identifies a Preference as a hard requirement prior to the Match, and the Company acknowledges that requirement in writing, such Preference shall be treated as a Core Criterion for that engagement only. In the absence of such written acknowledgment, all Preferences remain on a best-efforts basis pursuant to sub-clause (ii).
2.10(c) Where the Student has not specified a particular Preference, the Company shall match at its discretion and no claim shall arise from the absence of any unstated attribute.
2.10(d) Where a Match fails to meet a Core Criterion (including an Elevated Preference treated as a Core Criterion under sub-clause (iii)) and no specific remedy is provided elsewhere in these Terms (a "Core Criteria Shortfall"), the Company shall provide the Student with a complimentary Rematch. No refund shall be available under this clause, except as provided in Clause 4.1(c).
3. FEES AND PAYMENT TERMS
3.1 The fees charged by the Company ("Agency Fees") comprise:
(a) Matching Fee – payable for the matching service resulting in Completion of Service (provision of the Instructor's contact details);
(b) Administrative Fee – covering communication, processing, and operational support costs; and
(c) Prioritisation Fee – charged by default for the expedited processing of the Student's matching request ahead of other Students who have not opted for prioritisation. The Prioritisation Fee is optional. The Student may opt out of the Prioritisation Fee at any time prior to making payment by notifying the Company, and the Company shall process the engagement without prioritisation at no penalty to the Student.
3.2 If the Company is unable to Match and provide the contact details of an Instructor within thirty (30) days from the date of payment, the Student shall be eligible for a refund of the Prioritisation Fee only, provided the Student submits a written refund request within seven (7) days after the expiry of the 30-day period. If no such request is made within that seven (7) day window, the Student's right to a refund under this Clause 3.2 shall lapse, and no other Agency Fee shall be refundable under this Clause 3.2. For the avoidance of doubt, this Clause 3.2 is without prejudice to, and does not limit, the Student's entitlement to a full refund of the Agency Fees (including the Prioritisation Fee) under Clause 4.1(a).
3.3 Each set of Agency Fees applies to one (1) Instructor only. Requests for additional Instructor Matches require new Agency Fees.
3.4 Instructors determine their own lesson fees independently. Such fees are separate from the Agency Fees and are payable directly to the Instructor. The Company endeavours to verify Instructor fee information but does not warrant accuracy, as Instructors may update their rates without prior notice. Except as provided in Clause 6.7 (Material Discrepancies), the Company shall not be liable for any discrepancy between quoted and actual Instructor rates.
3.5 The Company reserves the right to impose additional administrative or service fees from time to time, which will be disclosed prior to collection.
3.6 All Agency Fees are denominated in Singapore Dollars (SGD) and are payable in full prior to Matching.
3.7 All Agency Fees remain non-refundable and non-transferable except as otherwise expressly provided in these Terms.
3.8 Notwithstanding Clause 3.7, in the event of a proven accidental duplicate payment or overpayment in excess of the quoted Agency Fees, the Company shall refund the excess amount to the Student.
4. REFUND AND ADJUSTMENT POLICY
4.1 Refunds shall be granted only under the following circumstances:
(a) The Company is unable to Match the Student and provide the contact details of an Instructor within sixty (60) days from the date of payment. In such a case, the Student shall be entitled to a full refund of the Agency Fees paid, less any amount already refunded to the Student under Clause 3.2.
(b) The Company is unable to Match and provide the contact details of an Instructor within thirty (30) days from the date of payment, in which case only the Prioritisation Fee shall be refunded, subject to the procedure and strict timelines set out in Clause 3.2.
(c) Where a Student has accepted a complimentary Rematch provided upon a Qualifying Defect, and that Rematch also results in a Qualifying Defect, the Student shall be eligible for a full refund of the Agency Fees. For the avoidance of doubt:
(i) Standard Procedure: The Company generally seeks to resolve such failures by offering a subsequent Rematch.
(ii) Student Choice: However, the Student is under no obligation to accept a subsequent Rematch. The Student may, at their sole option, reject the subsequent Rematch and demand a full refund. If the Student accepts a subsequent Rematch, the provisions of this Clause 4.1(c) shall apply recursively to that new Match.
4.2 The Company shall not be liable to refund any fees or bear responsibility for payments made directly by the Student to any Instructor.
4.3 Non-Responsiveness Warranty. Notwithstanding Clause 2.6, the Company provides a limited warranty strictly regarding initial Instructor responsiveness.
4.3(a) Warranty Scope: The Company warrants that the provided Instructor will be responsive to initial contact attempts. For the purposes of this clause, an Instructor is deemed "Unresponsive" only if they:
(i) Fail to reply to the Student's initial contact attempts entirely, provided the Student has made at least two (2) text messages and two (2) phone calls, sent on at least two (2) separate days;
(ii) Respond but explicitly refuse to accept new students or declare total unavailability (offering zero lesson slots); or
(iii) Respond but:
(A) fail to offer at least one (1) lesson slot within ten (10) days of the Instructor's first response to the Student, provided the Student has sent at least one (1) follow-up message and made at least one (1) follow-up call to the Instructor after the fifth (5th) day following the Instructor's first response; or
(B) offer one (1) lesson slot within such period but, where that first offered slot does not result in the commencement of the Student's first driving lesson, fail to offer at least one (1) further lesson slot within ten (10) days of the Reference Date, provided the Student has sent at least one (1) follow-up message and made at least one (1) follow-up call to the Instructor after the fifth (5th) day following the Reference Date.
For the purposes of this sub-clause (B), the "Reference Date" means the earlier of (i) the date on which either the Student or the Instructor cancels, or notifies the other that they will not proceed with, the first offered slot; and (ii) the date on which the first offered slot was scheduled to take place.
4.3(b) Notification Procedure: Where the Instructor is deemed Unresponsive under sub-clause (a) and the Student has made the documented contact attempts required under the applicable limb of sub-clause (a), the Student must notify the Company within ten (10) days of the date on which the Instructor is deemed Unresponsive. The Company will attempt to contact the Instructor once on the Student's behalf. If the Instructor remains Unresponsive for a further seven (7) days, the Company will offer the Student a complimentary Rematch. Except as provided in Clause 4.1(c), no refunds shall be provided under this clause.
4.3(c) Evidence Requirement: All requests must be supported by unedited screenshots of both text and call attempts showing timestamps. The Company reserves the right to verify such evidence.
4.3(d) Exclusions: This warranty does not apply if:
(i) The Instructor has responded and offered at least two (2) lesson slots that fall within sixty (60) days of the date of offer and within standard lesson hours (7:00 AM to 9:00 PM), and the Student declines due to scheduling, location, unstated vehicle, or personal preferences. Where the Student has stated their availability (whether as a Preference or Elevated Preference), the offered slots must fall within the Student's stated availability. Where the Student has not stated their availability, any slot offered within standard lesson hours shall be deemed to fall within the Student's availability; or
(ii) The Student fails to reply to the Instructor's response within the period and subject to the provisions of Clause 5.6.
(iii) The Student fails to attend a lesson slot offered by the Instructor that the Student had accepted, or that was otherwise scheduled to proceed, without having cancelled or rescheduled it with the Instructor at least twenty-four (24) hours in advance (a "no-show").
4.3(e) Termination of Warranty: This warranty is automatically voided and terminated upon the commencement of the Student's first driving lesson with the Instructor. Any non-responsiveness or dispute arising after the first lesson (e.g., after the 2nd or 3rd lesson) falls under Clause 2.6 (Discharge of Obligations) and shall not entitle the Student to any rematch, refund, or claim against the Company.
4.4 Voluntary Cancellation
4.4(a) Where the Student requests cancellation of the matching service after payment has been made but prior to Completion of Service, the Agency Fees shall remain non-refundable. For the avoidance of doubt, the Student's change of mind, change in personal circumstances (including but not limited to obtaining a driving licence through alternative means, relocation, or loss of interest), or any reason unrelated to the Company's performance shall not constitute grounds for a refund.
4.4(b) Notwithstanding sub-clause (a), the Company may, at its sole and absolute discretion, offer a partial or full refund as a goodwill gesture pursuant to Clause 1.5. Any such offer shall not create a precedent or continuing obligation.
4.5 Change of Requirements
4.5(a) Where the Student materially changes their matching requirements after payment (including but not limited to preferred location, availability, licence class, or vehicle type), the Company shall use reasonable efforts to accommodate the revised requirements.
4.5(b) A material change of requirements shall restart the matching timeline for the purposes of Clauses 3.2 and 4.1. The revised timeline shall run from the date the Company acknowledges the updated requirements in writing.
4.5(c) The Company reserves the right to treat a material change of requirements as a new engagement requiring fresh Agency Fees, where the change involves a different licence class, or a location outside the same HDB Town or Planning Area as the original request. Changes within the same HDB Town or Planning Area shall be accommodated within the existing engagement. The Company shall notify the Student before proceeding on this basis.
5. STUDENT RESPONSIBILITIES
5.1 The Student is responsible for ensuring that all required documents are valid and complete prior to the commencement of lessons, including but not limited to a valid Provisional Driving Licence (PDL) and, where applicable, a valid account with a driving school.
5.2 The Company shall not be liable for any loss, delay, or issue arising from missing, invalid, or incomplete documentation.
5.3 The Student is solely responsible for all payments made directly to the Instructor, including lesson or enrolment fees, and for ensuring accuracy in any such transactions.
5.4 The Student is solely responsible for arranging and confirming all lesson bookings directly with the Instructor. Any booking assistance provided by the Company under Clause 2.3 is a courtesy only and does not transfer responsibility to the Company.
5.5 Information Disclaimer. Any general guidance, information, or materials provided by the Company regarding licensing requirements, account creation, or lesson preparation are offered for convenience and based on information reasonably believed to be accurate at the time. Such information does not constitute professional or authoritative advice, and the Company shall not be liable for any inaccuracies, omissions, or changes in external requirements, provided the Company has acted in good faith. The Student acknowledges that they must independently verify all requirements with the relevant authorities. No reliance should be placed on this information.
5.6 Where the Instructor has responded to the Student (whether via call, text, or other means), the Student must reply, confirm, or follow up within ten (10) days. If the Student does not engage in communication within this period, the Student shall satisfy the Company that they have not abandoned the Match. Failure to engage within this period shall void the Non-Responsiveness Warranty under Clause 4.3 and any goodwill arrangements, and the Company shall have no further liability regarding the Match.
5.7 Representations and Warranties. By engaging the Company's services (whether directly or through an Engaging Party), the Student represents and warrants that:
(a) All information provided to the Company (including but not limited to preferred location, availability, licence class, and contact details) is true, accurate, and complete at the time of providing such information. Any Match made in reliance on information subsequently found to be inaccurate, incomplete, or misleading shall be deemed valid and shall not entitle the Student to any refund, rematch, or claim against the Company;
(b) The Student is at least eighteen (18) years of age and has the legal capacity to enter into a binding contract under the laws of Singapore; and
(c) The payment made to the Company is duly authorised by the account holder, and the person making payment is lawfully entitled to use the payment method employed. Where the Student is not the person making payment, this warranty shall be deemed given by the Engaging Party or the person making payment, as applicable, on behalf of the Student.
5.8 Student Conduct
5.8(a) The Student shall engage with the Company, its representatives, and any Instructor introduced through the Company's services in a respectful and lawful manner at all times.
5.8(b) The Company reserves the right to immediately terminate the engagement and cease all services where the Student:
(i) Engages in illegal, threatening, abusive, harassing, or discriminatory conduct toward the Company or its representatives, or toward any Instructor introduced through the Company's services;
(ii) Provides fraudulent documentation or knowingly false information; or
(iii) Uses the Company's services for any purpose other than the genuine arrangement of private driving instruction.
5.8(c) Where termination under sub-clause (b) occurs prior to Completion of Service:
(i) for conduct under sub-clause (b)(ii) (fraud), no refund shall be available;
(ii) for conduct under sub-clauses (b)(i) or (b)(iii), the Administrative Fee shall be retained by the Company as a minimum, and the Company may, at its discretion, refund the remaining Agency Fees in whole or in part.
5.8(d) Where termination under sub-clause (b) occurs after Completion of Service but prior to the commencement of the Student's first driving lesson:
(i) the Non-Responsiveness Warranty under Clause 4.3 and any goodwill arrangements shall be immediately void;
(ii) the Discharge of Obligations under Clause 2.6 shall apply in full; and
(iii) no refund shall be available.
5.8(e) Where termination under sub-clause (b) occurs after Completion of Service and after commencement of the Student's first lesson, the Discharge of Obligations under Clause 2.6 shall apply and the Company shall bear no liability for any consequence arising from the termination of the Student-Instructor relationship.
5.9 Post-Completion Abandonment. Where Completion of Service has occurred and the Student fails to contact the Instructor or otherwise act on the Match within fourteen (14) days of Completion of Service, the Match shall be deemed abandoned. Upon abandonment:
(a) the Discharge of Obligations under Clause 2.6 shall apply in full;
(b) the Non-Responsiveness Warranty under Clause 4.3 and any goodwill arrangements shall be void;
(c) the Student shall not be entitled to any refund; and
(d) any subsequent request for a new Match shall constitute a new engagement and shall be subject to new Agency Fees.
5.10 Instructor Exclusions
5.10(a) The Student may, prior to or at the time of the matching request, provide the Company with a list of Instructors with whom the Student does not wish to be matched ("Exclusion List").
5.10(b) The Company shall not match the Student with any Instructor on the Exclusion List.
5.10(c) Where the Student did not include an Instructor on the Exclusion List, the Student shall not subsequently claim any prior relationship, familiarity, or prior engagement with that Instructor as grounds for a refund, rematch, or complaint under any provision of these Terms, including the Non-Responsiveness Warranty under Clause 4.3. The Match shall be deemed valid and the Student must either proceed with the Match or treat it as a voluntary cancellation under Clause 4.4.
6. INSTRUCTOR MATTERS
6.1 Instructors are independent freelancers. They are not employees, agents, or representatives of the Company, and the Company does not supervise, monitor, manage, or control their conduct, character, teaching methods, day-to-day activities, or schedules. Nothing in these Terms shall be construed as creating any employment, or agency relationship between the Company and any Instructor.
6.2 The Company shall not be responsible for any unavailability, illness, retirement, or vehicle maintenance issues affecting an Instructor's ability to conduct lessons.
6.3 The Company checks the Instructor's regulatory eligibility to teach as set out in Clause 6.4. However, subject to Clause 6.1, the Student acknowledges that:
(a) The Student acknowledges and accepts the limitations on the Company's role as set out in Clause 6.1; and
(b) The Company makes no representation as to the Instructor's personal suitability or professionalism beyond their regulatory standing. Any issue arising from the Instructor's behaviour (including but not limited to verbal, physical, or professional misconduct) is solely between the Student and the Instructor, and the Company shall not be liable for the same. Any issues or disputes arising from Instructor behaviour do not give rise to any refund, rematch, or liability against the Company.
6.3(c) Notwithstanding Clause 6.3(b), where an Instructor has been formally charged with a criminal offence arising from or in connection with their conduct toward the Student during or in relation to driving instruction, the Company shall:
(i) cease all future matching of that Instructor pending the outcome of any proceedings. Where the Instructor is convicted, the cessation shall be permanent;
(ii) cooperate with the relevant authorities upon reasonable request, regardless of the status of any proceedings; and
(iii) at the Company's discretion, offer the Student either a complimentary Rematch with a different Instructor or a partial refund of the Agency Fees, without admission of liability.
The provision of a remedy under this clause does not constitute an acceptance of responsibility for the Instructor's conduct, and the Company shall not be vicariously liable for any act or omission of the Instructor.
6.4 The Company conducts verification of the Instructor's licensing status using available regulatory records and data as of the date of the Match. The Student acknowledges that regulatory databases are updated periodically. Consequently:
(a) Our verification reflects the Instructor's standing as of the most current official data release. Please note that real-time status changes (e.g., a recent suspension) occurring after this date may not be immediately reflected in official records; and
(b) The Company shall not be liable for any revocation, suspension, or lapse of licensure affecting an Instructor that is not yet reflected in the records available to the Company at the time of the Match.
6.5 Without limiting Clause 2.5, the Company is not liable for any teaching outcomes, student performance, or success in driving tests.
6.6 Without limiting Clause 6.2, the Company is unable to guarantee the continued availability of any Instructor. While the Company reasonably expects that Instructors who accept new students will continue lessons in good faith, ongoing arrangements remain solely between the Student and the Instructor.
6.7 As noted in Clause 3.4, the Company does not warrant the accuracy of Instructor fee estimates. The following provisions govern discrepancies between the Company's estimate and the Instructor's actual fees:
6.7(a) Calculation Basis: For the purposes of this Clause, discrepancies shall be calculated as follows:
(i) Fixed Quotes: Against the specific figure provided.
(ii) Ranges: Where a price range was quoted (e.g., "$50-$60"), the discrepancy shall be calculated against the highest figure in that range.
(iii) Multiple Components: Where the Instructor charges multiple fee types (e.g., a One-Time Enrolment Fee and a Recurring Lesson Fee), the discrepancy threshold shall apply to each component individually. A Material Discrepancy in any single mandatory fee component shall trigger the remedy in Clause 6.7(c).
6.7(b) Minor Discrepancies: A discrepancy between the estimated (or upper limit) and actual Instructor fees of 15% or less shall not invalidate the Match nor constitute grounds for a refund or Rematch.
6.7(c) Material Discrepancies: Where the Instructor's actual fees exceed the Company's estimate (or upper limit) by more than 15%, this shall constitute a "Material Discrepancy". Upon a verified Material Discrepancy, the Student may request, and the Company shall provide, a complimentary Rematch. Except as provided in Clause 4.1(c), no refunds shall be provided under this clause.
6.8 The Company provides the Student with an estimated meet-up location (e.g., a specific Driving Centre or MRT station) based on the Instructor's profile. However, the Student acknowledges that the Instructor retains the sole discretion to determine the exact meet-up point.
6.8(a) Permissible Deviation: A discrepancy between the location indicated by the Company and the Instructor's actual required meet-up point shall not constitute grounds for a refund or Rematch, provided the actual location is within Reasonable Proximity of the indicated location.
6.8(b) Definition of Reasonable Proximity: For the purposes of this clause, "Reasonable Proximity" means any location that is:
(i) Within the same HDB Town or Planning Area as the Company's indicated location (e.g., Company indicated Woodlands/SSDC, actual meet-up is Admiralty); or
(ii) Within a 3km radius (measured in a straight line) of the Company's indicated location.
6.8(c) Material Deviation: Where the Instructor's required location differs materially (e.g., a completely different town outside the definition of Reasonable Proximity) from the location indicated by the Company, this shall constitute a "Material Deviation". Upon a verified Material Deviation, the Company shall provide the Student with a complimentary Rematch. Except as provided in Clause 4.1(c), no refunds shall be provided under this clause.
6.9 Instructor Language
6.9(a) Where the Student has specified a language preference for their Instructor, the Company shall use reasonable efforts to match the Student with an Instructor who communicates in the requested language. However, the Company does not warrant that all Instructors will be proficient in any particular language.
6.9(b) Where the Company has confirmed, based on available information, that the matched Instructor communicates in a particular language, and the Instructor is subsequently found to be unable to give verbal instructions, explain traffic rules, or communicate safety-critical information in the confirmed language during a lesson, this shall constitute a "Language Mismatch". Upon verified Language Mismatch, the Company shall provide the Student with a complimentary Rematch. No refund shall be available under this clause, except as provided in Clause 4.1(c).
6.9(c) Where no specific language preference was stated by the Student, the default language of instruction is at the Instructor's discretion, and no Rematch or refund shall be available on language grounds.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by the Unfair Contract Terms Act, the Company shall not be liable for any indirect, incidental, or consequential losses arising from or in connection with the use of its matching services.
7.2 The Company's total liability, whether in contract, tort, or otherwise, shall not exceed the total amount of Agency Fees paid by the Student to the Company.
7.3 All exclusions and limitations of liability under this Clause 7 shall survive the termination, completion, or expiry of the Company's services and continue to apply to the maximum extent permitted by law.
7.4 Mandatory Liability. Nothing in these Terms shall limit or exclude the Company's liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation.
7.5 General Exclusion. Subject to Clause 7.4, the Company shall not be liable for any injury, accident, property damage, or loss of any kind suffered by the Student arising from or in connection with any driving lesson, vehicle use, or interaction with the Instructor. The Student acknowledges that the Company is a matching service only, and all physical risks associated with driving lessons are assumed directly by the Student and the Instructor.
8. AMENDMENTS
8.1 Amendments and Application of New Terms. The Company reserves the right to modify or update these Terms at any time.
8.1(a) Where a Student has not yet made payment, the latest version of the Terms shall apply upon payment.
8.1(b) Where a Student has made payment but Completion of Service has yet to occur, the Company shall notify the Student of any amendment to Clauses 3 (Fees), 4 (Refunds), 7 (Liability), or 15 (Confidentiality), or any amendment that increases the Student's obligations or reduces the Company's obligations or liability (a "Material Amendment"). If the Student expressly rejects the Material Amendment within fourteen (14) days of notification, the Company shall cease all matching efforts and process a full refund. If the Student does not respond within fourteen (14) days, provided the Company has made at least two (2) notification attempts via WhatsApp, the Student shall be deemed to have accepted the Material Amendment.
8.1(c) Where Completion of Service has already occurred (the Instructor's contact details have been provided), the version of the Terms accepted at the time of payment shall continue to apply.
8.2 Any such modification shall take effect upon publication on the Company's official platform or upon direct notification to the Student, as applicable.
9. DISPUTE RESOLUTION AND GOVERNING LAW
9.1 In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute amicably through negotiation.
9.2 Should negotiation or mediation fail, the dispute shall be submitted to the exclusive jurisdiction of the Courts of the Republic of Singapore, without prejudice to the right of either party to commence proceedings before the Small Claims Tribunal where such proceedings are permitted under the Small Claims Tribunals Act 1984.
9.3 These Terms shall be governed by and construed in accordance with the laws of Singapore.
10. ELECTRONIC TRANSACTIONS
10.1 Pursuant to the Electronic Transactions Act 2010, any communication, notice, or agreement executed through electronic means (including email, WhatsApp, or online forms) shall be deemed valid and legally binding.
10.2 Electronic records maintained by either party (including but not limited to WhatsApp messages, call logs, screenshots, and payment confirmations) shall be admissible as evidence of transactions and communications between the Student and the Company.
11. THIRD-PARTY RIGHTS
11.1 Nothing in these Terms shall confer any right on any third party to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 2001.
12. SEVERABILITY
12.1 If any provision of these Terms is found by a court or authority of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
13. ENTIRE AGREEMENT
13.1 These Terms form the entire agreement between the Student and the Company.
13.2 Any additional or case-specific arrangement is valid only if confirmed in writing by the Company (including by electronic means such as email, WhatsApp, or SMS).
13.3 No oral or informal communication, discussion, or understanding not recorded in writing shall create any additional contractual obligation on the Company beyond those set out in these Terms. Nothing in this clause shall exclude or restrict any liability for fraudulent or negligent misrepresentation.
14. HEADINGS
14.1 Headings and sub-headings are for convenience only and shall not affect the meaning or interpretation of these Terms.
15. CONFIDENTIALITY AND RESTRICTED USE OF INSTRUCTOR DETAILS
15.1 The Instructor contact details provided by the Company are furnished solely for the purpose of the Student arranging their own private driving instruction. The Student shall not, without the prior written consent of the Company:
(a) Share, distribute, publish, or otherwise disclose the Instructor's contact details to any third party;
(b) Use the Instructor's contact details to facilitate the arrangement of driving instruction for any person other than the Student; or
(c) Use the Company's services, or any information obtained through the Company's services, for any commercial purpose including but not limited to the compilation of instructor databases, recruitment of instructors, or the operation of a competing or similar matching service.
15.2 Where the Company reasonably determines that a breach of this clause has occurred, the Company reserves the right to:
(a) Immediately cease all services to the Student without refund; and
(b) Pursue a claim against the Student for liquidated damages, which the parties agree represents a genuine pre-estimate of the Company's loss, calculated as the Agency Fees that would have been payable for each additional person introduced to the Instructor in circumvention of the Company's services, up to a maximum of five (5) times the Agency Fees paid by the Student. This liquidated damages provision represents the Company's sole and exhaustive contractual remedy for a breach of Clause 15.1, and the Company shall not be entitled to claim general damages for the same breach.
16. FORCE MAJEURE
16.1 The Company shall not be liable for any delay or failure in performing its obligations under these Terms where such delay or failure results from circumstances beyond the Company's reasonable control ("Force Majeure Event"), including but not limited to:
(a) Acts of God, natural disasters, epidemics, or pandemics;
(b) Government orders, regulations, restrictions, or directives (including but not limited to movement restrictions, lockdowns, or changes to driving instruction regulations);
(c) Changes to regulatory requirements affecting the Company's ability to operate or the Instructor's ability to conduct lessons;
(d) War, civil unrest, terrorism, or national emergency;
(e) Widespread failure of telecommunications or internet services; or
(f) Any other event or circumstance not within the Company's reasonable control.
16.2 In the event of a Force Majeure Event:
(a) All timelines under these Terms shall be tolled (suspended) for the duration of the Force Majeure Event;
(b) The Company shall notify the Student of the Force Majeure Event and its expected impact within seven (7) days of the Company becoming aware of the Force Majeure Event, or as soon as reasonably practicable if the Force Majeure Event itself prevents timely notification; and
(c) If the Force Majeure Event continues for a period exceeding ninety (90) days, either party may terminate the engagement by written notice, in which case the Student shall be entitled to a refund of the Agency Fees paid, less the Administrative Fee (which shall be retained by the Company to cover administrative and processing costs already incurred). For the avoidance of doubt, the Matching Fee and the Prioritisation Fee (if applicable) shall be refunded in full.