Terms & Conditions
- These Terms and conditions apply to all events booked through www.trackschool.com.au, booked by phone or otherwise.
- For the purposes of these Terms “customer” means any person over eighteen (18) years of age who participates in a Trackschool event and/ or who has paid for such participation and/or a person who has made a booking in respect of such participation and/or a guest, friend or relative of a direct participant in an event.
- By entering into a legal relationship with Trackschool, its servants or agents, the customer agrees to be bound by these Terms and Conditions. Legal relationship includes but is not limited to making a booking, making a payment or participating in a Trackshool event.
- Trackschool reserves the right to alter these Terms and Conditions, the services it offers and its pricing policy at any time without further notice.
Indemnity and waiver of rights
- Property Damage and loss suffered by Trackschool, its servants and agents
- If a customer causes track damage* to one or more of Trackschool’s cars, the customer is to pay an amount not greater than the insured value of the Trackschool cars so damaged plus the full costs of associated tow truck services.
- If a customer causes property damage to any property of Trackschool, its servants or agents or the property of the venue owner, the customer is to pay full equivalent replacement or repair costs.
- The customer is to pay all or any legal costs, fees and disbursements incurred by Trackschool, its servants and agents or the venue owner as a result of its enforcement of a debt under this Agreement against the customer.
- Voluntary Assumption of Risk
- The customer understands and accepts the nature and extent of the inherent risks involved in motor sport including the possibility of death, bodily injury, loss and property damage.
- In the event of death, personal injury and/or any other loss suffered, the customer waives all claims for damages and holds Trackschool harmless and unconditionally releases Trackschool, its officers, employees or agents from all legal liability to the full extent permitted by law.
- By participating in a Trackschool event the customer hereby declares himself or herself free of any physical or mental disability, disease or condition which could affect his/her safe participation as a driver or passenger in any Trackschool event.
- Responsibility to follow Instructions
- The customer understands and accepts his/her responsibility to follow Trackschool’s instructions on the basis that failure to do so may cause an accident.
- The customer undertakes to listen to and follow, to the best of his/her ability, all or any instructions from Trackschool’s officers, employees or agents.
- The customer accepts that any failure to follow instructions or any attempt to drive in a reckless, negligent or irresponsible manner will result in the customer being escorted from the circuit and forfeiture of the balance (if any) of the booked course.
- By making a booking or otherwise arranging for the participation of a minor under eighteen (18) years of age in a Trackschool event, the customer accepts that he/she is acting as guardian of that minor for the purposes of these Terms and Conditions.
- As guardian, the customer freely consents to the participation of the minor in a Trackschool event and freely waives all rights and accepts all obligations and risks as outlined under these Terms and Conditions in respect of the minor as if that minor was an adult customer.
- In consideration of the minor being accepted for participation in the Trackschool event, the customer agrees to fully and freely indemnify Trackschool, its officers, employees and agents in the same manner and to the same effect as if the minor was an adult.
*Track damage means bodywork and tyre damage, for example, from tyres locking up.
Fees, bookings and other procedures
- Trackschool requires full payment within one calendar month prior to booked track day.
- All fees received by Trackschool directly, by phone or via its website include GST and are non-refundable within 14 days of a booked date. Part or total refunds on cancellations with less than 14 days’ notice may be made at the discretion of Trackschool.
- A Customer may re-book a different date by giving notice to Trackschool no less than 14 days before the booked date.
- If any booking is made within 14 days of a booked date, full payment must be made and no date changes are permitted.
- A Customer may cancel a booking and receive a full refund less $40 cancellation fee by notifying Trackschool no less than 14 days before the booked event.
- Trackschool does not guarantee scheduled event dates. The Customer acknowledges that Trackschool may need to cancel events due to unsuitable track conditions, unsuitable weather conditions, technical problems or other events beyond Trackschool’s reasonable control.
- Under no circumstances will Trackschool be liable for any consequential losses which a customer may incur as a result of an event being delayed or rescheduled
- During an event, if any Trackschool car is damaged such that it is not safe to use, every reasonable effort will be made to provide a backup car however Trackschool does not guarantee the provision of a replacement car.
- The customer agrees to arrive in time for the full briefing session or forfeit all legal rights to participate in the Track Day in which they have been booked. The Customer agrees to fully assist Trackschool in its obligations under Occupational Health and Safety legislation by not arriving late or missing any portion of the Track Day briefing.
- All participant customers must wear long pants and enclosed shoes before they will be allowed to participate in an event.
- The customer agrees that they may be refused entry, be requested to leave the grounds, or if necessary, be physically restrained or removed if, in the reasonable opinion of Trackschool, the customer is in breach of these Terms and Conditions, under the influence of alcohol or drugs or, for any reason, causing a disturbance or threatens the safety of the landholders and their employees, guests, participants, staff or any property of Trackschool, its servants or agents or the venue owner in any way.
- For the purposes of blood/alcohol analysis, the Customer agrees to have zero blood alcohol concentration and may be subjected to a breathalyser test. A strict zero alcohol policy for driver customers will be enforced by Trackschool.
- It is the customer’s responsibility to arrive on time and to make reasonable and timely enquiries as to where they should go.
- For safety reasons late customers will not be permitted to enter the course or interrupt instructors. Participants who arrive late will forfeit their booking and their payment is non-refundable.
- Participant customers must produce a current driver’s license (or learners permit) at all courses. Failure to do so will result in forfeiture of that course. Unlicensed customers cannot participate in any course. Learner customers must provide a fully licensed driver for the day.
- The name(s) and spelling on the booking confirmation is the name of the person registered to do the course and a certificate will only be presented in that name. If the listed name is not the name of the person attending on the day or is incorrectly spelt, it is the customer’s responsibility to advise Trackschool of the correct details at least 2 business days before the course.
- Dogs or pets of any kind are not permitted.
Non Attendance Policy
- If you do not attend your scheduled course without notice your payment will not be refunded.
- The customer undertakes to advise Trackschool’s personnel of any medical condition and/or allergies that could affect the Customer’s ability to participate in any event.
- If, prior to the event, the customer develops a condition/allergy which is such that it could be a safety risk to the customer and other participants, the customer must notify Trackschool and provide a detailed medical certificate in order to receive a refund at the discretion of Trackshool.
- The customer agrees that, in the absence of a medical condition, he or she will attend the session that has been booked in the customer’s name. By not attending an event on the scheduled date and time the customer agrees that he or she will be forfeiting the right to attend that, or any other replacement Trackschool course.
Observed Licence Tests
- Booking and participating in an observed licence test in no way guarantees success or compels Trackschool to issue an OLT.
- Candidates for an OLT must pass this test before being issued with an OLT by Trackschool.
- While Trackschool does not guarantee success at an OLT, Trackschool recommends one on one training and plenty of practice prior to sitting the OLT.
Gift Vouchers Policy
- Gift Vouchers are transferable. Gift vouchers may be transferred upon request. An administration fee of $40 applies.
- Gift vouchers apply to some Trackschool events. Trackschool reserves the right to discontinue the sale of any event purchased on a gift voucher. Re-issue of an equal-value gift voucher or full refund applies at the discretion of Trackschool.
- Trackschool Gift Vouchers are valid for 12 months from the date of purchase. Refunds (less $40 administration fee) are available to the original purchaser within 14 days of the date of purchase, thereafter gift vouchers are non refundable.
- To redeem your Trackschool Gift Voucher, you will need to make an online booking at www.trackschool.com.au and enter your booking code.Trackschool carries no responsibility to honour the Gift Voucher once the expiry date has passed.
- Gift Vouchers cannot be redeemed for cash and cannot be used in the purchase of another gift voucher.
- If your gift voucher has yet to expire, Trackschool will, upon request, extend the life of the gift voucher for an additional 3 months. This one-off extension carries an administration fee of $40.
- If you wish to re-activate your gift voucher within 90 days of expiry, Trackschool may, upon request, honour the gift voucher for an administration fee of $40.
The Privacy Act 1988 (Cth) and the National Privacy Principles form part of the service that is offered to you by TS. TS only comes into possession of and holds personal or confidential information in the course of business.
Any information that you provide which is of a personal, sensitive or confidential nature whether it relates to you personally or to your organisation will be treated as confidential by TS.
This means that TS takes all reasonable steps to protect all personal and confidential information from misuse, loss, unauthorised access and disclosure. We do this by securing the personal and confidential information in files, computer systems, safes, locked storage rooms, as we consider reasonable and appropriate. We also take advantage of modern technology, including firewalls and security databases, to ensure that only those whom an individual or organisation would reasonably expect will come into contact with the information.
We ensure that all of our offices are securely locked and protected after hours.
Trackschool (“TS”) and Big Red Bus Web Design (“BRB”) Disclaimer
1 The Agreement
Please read the following terms and conditions of agreement. By accessing or visiting this web site, you agree to be bound by the terms and conditions of this agreement. If you do not wish to be so bound, you must not access or visit this web site.
2.1.1. Copyright in this web site rests with TS and BRB unless otherwise stated.
2.1.2. You may NOT download and use photographic images or video from this web site for any purpose whatsoever. Photographic images or video from this or any other linked website are not to be used for commercial purposes and must not be downloaded, reproduced, distributed or transmitted to any person or incorporated into any publication without the prior written permission of TS and BRB.
2.2 Disclaimer: general
TS and BRB accept no liability or responsibility to any person or entity as a consequence of acting upon or in any way relying upon the information or material contained in this web site. You agree that the use of this web site is at your sole risk and you understand that you are solely responsible for any damage to your computer system or for any loss of data that results from any material and/or data downloaded from this website or otherwise. TS and BRB do not warrant that any defects in this web site will be corrected or that this web site or the server that makes it available will be free of viruses or other harmful elements. As a user or visitor to this web site you agree to take full responsibility for all costs associated with its use and you agree to fully indemnify TS and BRB against all claims and damages arising directly or indirectly from or related to your access and use of this web site.
2.3 Content: accuracy and currency and subject to change
All effort has been made to ensure the accuracy and currency of information contained within this web site. TS and BRB give no assurance and do not warrant the accuracy, completeness, currency, non-infringement or availability of information on this web site and take no responsibility for circumstances which may affect the accuracy or currency of information on this web site. If you consider any information inaccurate or misleading in any way TS and BRB bear no legal responsibility but invite you to contact this webmaster at BRB. TS and BRB reserve the right to make changes to web site content at any time and without notice and shall bear no legal responsibility for technical inaccuracies or typographical errors which may occur.
2.4 Content: general comment
All web site content is general comment only. Information posted on this web site must not be construed as professional advice. Web site content is not intended to replace consultation with a qualified professional and does not purport to answer particular questions. No person or entity shall rely on any information contained in this web site. It is recommended that users and visitors to this web site obtain specific advice from a qualified professional.
2.5 Content: no warranties or contract
No information on this web site shall create a warranty. This web site is provided on an “as is” or “with all faults” basis without warranties of any kind, express or implied. This disclaimer applies to, but is not limited to, title, merchantability, fitness for a particular purpose and any warranty which may otherwise arise from a trade practice, course of dealing or usage. This web site is not intended to be a contract, explicit or implied.
2.6 Content: no representations or endorsements
All Web site references to legal entities; their products or services; hypertext links to other web sites; or mentions/images of trade names or trademarks are provided solely for the purpose of convenience and do not constitute or imply any representation or endorsement by TS or BRB who are not responsible for the web site content, practices, products or services of any other unrelated legal entity and are not liable for any resulting damage or injury.
2.7 Content: links to other sites
This web site may contain links or references to other web sites. TS and BRB are not responsible for the accuracy, legality or copyright compliance of any information contained therein.
2.8 Web site: access at own risk
Persons or entities who access or visit this web site assume all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances, including negligence, shall TS or BRB be liable for any direct, indirect, incidental, special or consequential damages or loss of profits that result from the use or inability to use this website and/or any other websites which are linked to this site. TS and BRB bear no legal liability for such events as interruptions, file deletions, viruses, defects, performance or communication failures, theft or unauthorised access which may occur from accessing or using this web site.
2.9 Third Party Services and Products: no warranty
In the course of business, TS and BRB use services and products including but not limited to software which have been produced and/or supplied by third parties (“Third Party Products”). TS and BRB do not give any warranty in relation to Third Party Services and Products, whether disclosed on this web site or not, including any warranty as to their features, performance, merchantability or fitness for purpose and are not liable for any claim or breach arising in relation to Third Party Services and Products.
3 Web site: security features and indemnity
By accessing or visiting this web site, you agree to observe and maintain the confidentiality of all security features relating to the use of this web site (including passwords, access arrangements, etc). TS and BRB will not be liable for damages arising from any unauthorised breach or disclosure of these security features. You agree to indemnify TS and BRB for any loss or liability incurred by them arising from any unlawful, unauthorised or improper access or use of this web site or any breach of these terms by you or your employees, staff, contractors or agents.
4 Web site: availability
TS and BRB do not guarantee constant availability of access to this web site and accept no liability for down time or access failure for whatever reason. You agree to take no legal action against TS or BRB for any loss incurred as a result of failure to access this web site.
5 Internet: transmission security
While every reasonable effort has been made to protect data transmission over the Internet, this cannot be guaranteed as totally secure. You agree that all information sent to TS or BRB is transmitted at your own risk.
6 Governing Law
These terms and conditions will be governed by and constructed according to the laws of New South Wales, Australia. The imitations of liability mentioned in this agreement shall be limited to the maximum extent permitted by law.
TS and BRB includes associated entities, related companies and all principals, directors, employees, staff, contractors and agents of all of them.