Terms & Policies.

1.1 In these Terms and Conditions, the following definitions apply:

• "ACOFEL", "Company", "we", "us", or "our" means ACOFEL PTY LTD ABN 13 697 803 544, a company incorporated in Australia, operating the Platform at www.acofel.com.
• "Platform" means the online marketplace operated by ACOFEL at www.acofel.com and any associated mobile applications, systems, and services that facilitate the connection between Learners and Instructors.
• "Learner" means any individual who registers on the Platform for the purpose of searching for, booking, and paying for driving lessons or driving test packages.
• "Instructor" means any individual or entity who registers on the Platform as a verified driving instructor for the purpose of listing, offering, and delivering driving lessons or driving test packages to Learners.
• "User" means any Learner, Instructor, or other individual who accesses or uses the Platform in any capacity.
• "Booking" means a confirmed reservation of a Lesson made by a Learner through the Platform, confirmed upon successful processing of payment by Stripe.
• "Lesson" means a driving lesson or driving test package offered by an Instructor through the Platform.
• "Platform Service Fee" means the fee charged by ACOFEL to Learners at the rate of 3.8% of the applicable Lesson price, as may be varied in accordance with clause 9.
• "Commission" means the fee charged by ACOFEL to Instructors at the rate of 24% of the applicable Lesson price, deducted from Instructor payouts, as may be varied in accordance with clause 9.
• "Stripe" means Stripe, Inc. and its affiliates, the third-party payment processing service used by ACOFEL to facilitate transactions on the Platform.
• "Stripe Processing Fee" means the fee charged by Stripe for processing payments, which is a third-party cost passed through to Instructors and is not a fee of ACOFEL.
• "Wallet" means the in-platform credit balance maintained for each Learner account, into which refunds, credits, and promotional amounts may be deposited and from which Learners may apply credits toward future Bookings.
• "Promotional Period" means any defined period during which ACOFEL offers reduced or zero commission rates, zero subscription fees, and/or zero administration fees to Instructors, as separately notified by ACOFEL.
• "Verified Instructor" means an Instructor who has successfully completed ACOFEL's onboarding verification process, the scope of which is described in the Instructor Agreement and clause 7 of these Terms.
• "Content" means any text, images, reviews, ratings, information, data, or other material uploaded, submitted, or transmitted by Users through the Platform.
• "Australian Consumer Law" or "ACL" means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
• "Loss" means any loss, damage, liability, cost, charge, expense, penalty, or outgoing of any kind, whether direct, indirect, consequential, special, or incidental.

1.2 In these Terms, unless the context otherwise requires: the singular includes the plural and vice versa; a reference to a statute includes all regulations, amendments, re-enactments, and subordinate legislation made under that statute; headings are for convenience only and do not affect interpretation; and the words "including", "for example", or "such as" are not words of limitation.

2.1 ACOFEL operates a two-sided online marketplace that provides technology infrastructure to connect Learners seeking driving instruction with Instructors offering such services. ACOFEL is not a driving school, driving instructor, transport authority, or provider of driving instruction services.

2.2 ACOFEL is not a party to any agreement for driving instruction entered into between a Learner and an Instructor. The contract for the provision of driving lessons is formed directly between the Learner and the relevant Instructor upon confirmation of a Booking.

2.3 ACOFEL does not employ, direct, supervise, or control Instructors in the performance of driving instruction services. Instructors are independent contractors who operate their own businesses and are solely responsible for the quality, safety, legality, and delivery of their services.

2.4 ACOFEL's role is limited to: (a) providing and maintaining the Platform; (b) facilitating the discovery and booking of Instructors by Learners; (c) processing payments between Learners and Instructors through Stripe; (d) administering the Wallet system; and (e) maintaining these Terms and associated policies.

2.5 Nothing in these Terms creates any employment, agency, partnership, joint venture, franchise, or fiduciary relationship between ACOFEL and any User.

3.1 By registering for an account on the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, the Cookie Policy, and all other policies published on the Platform, each of which is incorporated into these Terms by reference.

3.2 You must be at least 16 years of age to register as a Learner. If you are under 18 years of age, you represent and warrant that you have obtained the express consent of a parent or legal guardian to use the Platform, and that your parent or guardian has read and accepted these Terms on your behalf.

3.3 To register as an Instructor, you must be at least 18 years of age and hold all licences, accreditations, certifications, and clearances required by the laws of your state or territory of operation, as detailed in the Instructor Agreement.

3.4 By using the Platform, you represent and warrant that: (a) all registration information you provide is accurate, current, and complete; (b) you have the legal capacity to enter into a binding contract; (c) your use of the Platform does not violate any applicable law or regulation; and (d) you are not a person who has been previously suspended or permanently banned from the Platform.

3.5 ACOFEL reserves the right to refuse registration or access to the Platform to any person at its sole discretion, without being required to provide reasons.

4.1 To access the full features of the Platform, you must create an account by providing accurate information including your full legal name, email address, phone number, and any other information requested during the registration process.

4.2 Learners are also required to provide their residential address and, where applicable, their learner driver permit number and the state or territory in which they are undertaking instruction.

4.3 You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You must not share your credentials with any third party or permit any other person to access your account.

4.4 You agree to notify ACOFEL immediately at [email protected] upon becoming aware of any unauthorised access to or use of your account. ACOFEL will not be liable for any Loss arising from any unauthorised use of your account where you have failed to take reasonable precautions to protect your credentials.

4.5 You are responsible for all activity conducted through your account, including all Bookings made, payments processed, and Content submitted through your account.

4.6 ACOFEL reserves the right to suspend or terminate any account that it reasonably believes has been compromised, is being used fraudulently, or is in breach of these Terms.

5.1 ACOFEL operates a verification process for Instructors prior to their listing being made available on the Platform. The verification process is designed to confirm that Instructors hold the minimum credentials required by applicable law at the time of onboarding.

5.2 The term "Verified Instructor" on the Platform means that the Instructor has, as at the date of verification, provided ACOFEL with satisfactory evidence of: (a) a current and valid state or territory driving instructor licence or accreditation; (b) a completed Certificate IV in Motor Vehicle Driving Instruction or equivalent nationally recognised qualification; (c) a current National Police Criminal History Check dated no more than three (3) months prior to verification; (d) a current Working With Children Check (or equivalent, including Blue Card in Queensland and Working With Vulnerable People registration in the ACT); and (e) valid public liability insurance of no less than $5,000,000 AUD per occurrence.

5.3 ACOFEL's verification is a point-in-time assessment only. ACOFEL does not continuously monitor the ongoing validity of Instructor credentials. Learners are encouraged to ask Instructors to confirm their current licence status before commencing any Lesson.

5.4 The designation "Verified Instructor" does not constitute a warranty, representation, or guarantee by ACOFEL as to the quality, safety, suitability, or fitness for purpose of any Instructor's services. ACOFEL expressly disclaims any liability for the conduct, acts, or omissions of any Instructor during a Lesson.

5.5 Instructors are required to maintain the validity of all credentials at all times while listed on the Platform and to promptly notify ACOFEL of any suspension, cancellation, or adverse change to any licence, check, or insurance policy.

6.1 Learners may search for available Instructors by entering their location on the Platform. Search results display Verified Instructors operating in the relevant area, together with profile information, pricing, availability, and reviews.

6.2 To make a Booking, a Learner must select an Instructor, choose an available date and time, review the total price (inclusive of the Platform Service Fee), and complete payment via Stripe.

6.3 A Booking is confirmed only upon ACOFEL's receipt of successful payment confirmation from Stripe. ACOFEL will issue a booking confirmation to the Learner and Instructor by email and/or SMS upon confirmation.

6.4 Until a Booking is confirmed, no reservation is held and Instructor availability is not guaranteed. ACOFEL does not guarantee the availability of any particular Instructor at any time.

6.5 The contract for driving instruction services is formed between the Learner and the Instructor upon issuance of the booking confirmation. ACOFEL is not a party to that contract and has no obligations under it.

6.6 Instructors set their own pricing for Lessons. ACOFEL does not control, set, or recommend Instructor pricing. Prices displayed on the Platform include the Platform Service Fee charged to the Learner.

6.7 Learners must hold a current and valid learner driver permit, provisional licence, or other driver's licence type that lawfully permits them to undertake driving instruction in the relevant state or territory, for the duration of all Bookings. It is the Learner's sole responsibility to ensure their permit is current and valid. Instructors are required to verify this at the commencement of each Lesson.

7.1 By making a Booking, a Learner agrees to:

• arrive at the agreed pickup location on time for the scheduled Lesson. Instructors are not obligated to extend Lesson time due to Learner tardiness;
• present their current and valid learner driver permit or licence to the Instructor upon request at the commencement of each Lesson;
• not attend a Lesson while under the influence of alcohol, any illicit drug, or any prescribed medication that may impair their capacity to drive safely;
• disclose any medical condition, disability, or other factor that may affect their ability to participate safely in a Lesson before it commences;
• follow all lawful directions and safety instructions given by the Instructor during the Lesson;
• treat the Instructor with respect and professionalism at all times;
• not engage in any conduct that is aggressive, threatening, abusive, discriminatory, or unlawful during a Lesson; and
• accept responsibility for any fines, penalties, infringement notices, or legal consequences arising from the Learner's conduct or actions during a Lesson.

7.2 A Learner who attends a Lesson without a valid permit will not be entitled to a refund for that Lesson. The Instructor has the right to terminate the Lesson immediately in such circumstances.

7.3 A Learner who attends a Lesson in an impaired state will not be entitled to a refund for that Lesson. The Instructor has the right to terminate the Lesson immediately and to notify ACOFEL of the incident.

8.1 By registering as an Instructor and accepting Bookings through the Platform, an Instructor agrees to:

• maintain all licences, accreditations, clearances, and insurance required by applicable laws at all times;
• promptly notify ACOFEL of any suspension, cancellation, restriction, or adverse change to any licence, accreditation, Working With Children Check, police clearance, or insurance policy;
• verify that each Learner holds a current and valid permit or licence before commencing each Lesson;
• deliver all booked Lessons in a professional, competent, and safe manner;
• operate a roadworthy, insured, and appropriately equipped vehicle at all times during Lessons;
• treat all Learners with respect, professionalism, and without discrimination;
• not contact Learners outside the Platform for the purpose of soliciting bookings or directing Learners to book outside the Platform; and
• comply with all applicable road transport legislation, safety standards, and state or territory-specific requirements relevant to driving instruction.

8.2 Instructors who operate in Queensland and provide instruction to persons under 18 years of age are required to comply with the Child Safe Organisations Act 2024 (Qld) and must implement all required Child Safe Standards no later than 1 April 2026.

8.3 ACOFEL may suspend or remove an Instructor from the Platform at any time, without prior notice, upon becoming aware of any failure to maintain required credentials, any allegation of misconduct, or any conduct that ACOFEL reasonably considers to pose a safety risk to Learners or the public.

9.1 ACOFEL charges a Platform Service Fee of 3.8% of the applicable Lesson price to Learners. The Platform Service Fee is included in the total amount displayed to the Learner at the time of booking and is charged at the time of payment.

9.2 ACOFEL charges a Commission of 24% of the applicable Lesson price to Instructors. The Commission is deducted from the Instructor's payout after successful delivery of the Lesson, as confirmed by the Platform.

9.3 In addition to the Commission, a Stripe Processing Fee will be deducted from the Instructor's payout. The Stripe Processing Fee is charged by Stripe as a third-party payment processor and is not a fee of ACOFEL. The applicable Stripe Processing Fee rate is determined by Stripe and may vary depending on the payment method used by the Learner. ACOFEL will display or communicate the applicable Stripe Processing Fee to Instructors at the time of payout or in the Instructor dashboard.

9.4 Instructor payouts will be processed within ten (10) to fifteen (15) business days following confirmation of Lesson delivery, subject to any holds, disputes, or refund claims arising in relation to the relevant Booking.

9.5 ACOFEL reserves the right to vary the Platform Service Fee, Commission rate, or any other fees upon providing not less than 30 days' written notice to affected Users by email or in-platform notification. Continued use of the Platform after the expiry of the notice period constitutes acceptance of the revised fee structure.

9.6 All amounts on the Platform are denominated in Australian Dollars (AUD) and are inclusive of GST where applicable. Learners from outside Australia may be subject to currency conversion charges applied by their financial institution, for which ACOFEL accepts no responsibility.

9.7 Effective 23 August 2026, ACOFEL no longer offers a price-beat, price-match, or any other price guarantee in respect of Lesson prices listed on the Platform. Any reference to such a guarantee in ACOFEL's past or present marketing or advertising material is void and of no effect from that date. This clause does not affect any right or remedy a User may have under the Australian Consumer Law.

9.8 For further information regarding our pricing, price guarantee policy, or to obtain details about our most competitive rates, we recommend contacting our support team. Before purchasing any driving lessons, driving test packages, or lesson bundles, we strongly advise you to speak with our team to discuss pricing options. This will ensure you receive the best available package tailored to your needs. For assistance, please contact us on 1300 720 757.

10.1 From time to time, ACOFEL may offer Promotional Periods during which Instructors are not charged a Commission, subscription fee, or administration fee for Bookings made through the Platform. Any such Promotional Period will be separately notified to eligible Instructors and will specify: (a) the commencement and end date of the Promotional Period; (b) the categories of Bookings to which the promotion applies; and (c) any other conditions applicable to the promotion.

10.2 Notwithstanding any Promotional Period, the Stripe Processing Fee remains payable by Instructors in respect of all Bookings made during the Promotional Period. The Stripe Processing Fee is a third-party cost charged by Stripe and is not waived by ACOFEL's promotional arrangements.

10.3 ACOFEL's promotional offerings do not constitute a permanent amendment to these Terms. Upon expiry of a Promotional Period, the standard Commission rate and fee structure set out in clause 9 shall apply automatically, without further notice.

10.4 ACOFEL makes no representation or warranty that any Promotional Period will continue for any minimum duration or that any Promotional Period will be offered again in the future.

11.1 All payments on the Platform are processed by Stripe, Inc. By making or receiving payment through the Platform, Users agree to be bound by Stripe's terms of service, available at www.stripe.com/au/legal.

11.2 ACOFEL is not a bank, financial institution, or authorised deposit-taking institution. ACOFEL does not hold funds on trust for Users and is not responsible for any failure, delay, or error in payment processing attributable to Stripe or to any User's financial institution.

11.3 Payments made by Learners are processed and held pending Lesson delivery. Instructors will not receive payment for a Lesson until ACOFEL has received confirmation of delivery.

11.4 Payment data, including card details, is processed and stored by Stripe in accordance with Stripe's privacy policy and PCI DSS compliance standards. ACOFEL does not store Learner card details on its own systems.

11.5 Because Stripe operates servers in the United States, the processing of payment transactions may result in your payment data being subject to the laws of the United States, including the USA PATRIOT Act. ACOFEL discloses this in accordance with its obligations under the Privacy Act 1988 (Cth).

11.6 ACOFEL reserves the right to place a hold on any transaction, or to withhold a payout to an Instructor, where it reasonably suspects fraudulent activity, a dispute, or a breach of these Terms.

12.1 Refunds processed in accordance with clause 13, together with any promotional credits applied by ACOFEL, are deposited into the Learner's Wallet.

12.2 Wallet credits may be applied toward the payment of future Bookings made through the Platform. Wallet credits have no cash value and are not redeemable for cash except where required by law.

12.3 Wallet credits do not expire, provided the Learner's account remains active and in good standing.

12.4 Promotional credits added to a Learner's Wallet by ACOFEL are non-refundable and may be subject to additional terms and conditions notified at the time the promotional credit is applied.

12.5 Where a Learner's account is terminated, ACOFEL will assess any remaining Wallet balance on a case-by-case basis. Wallet credits arising from Learner-paid amounts may be refunded to the original payment method upon written request, subject to verification of the Learner's identity and the origin of the credit. Promotional credits will be forfeited upon account termination.

12.6 Notwithstanding clause 12.2, where Australian Consumer Law entitles a Learner to a remedy that takes the form of a monetary refund, ACOFEL will provide a refund to the original payment method upon request, regardless of whether the refund has already been deposited to the Wallet.

12.7 Upon confirmation of Lesson delivery, Instructors will receive their Initial Payouts in Instructor's Wallet, from which funds may be withdrawn to their nominated bank account, subject to any deductions for refunds, disputes, or other adjustments as outlined in these Terms.

13.1 All cancellation requests must be submitted through the cancellation function within the Platform. Direct notification to an Instructor does not constitute a valid cancellation for the purposes of these Terms.

13.2 The following cancellation policy applies to all Bookings:

(a) Cancellation by Learner — more than 24 hours before the scheduled Lesson start time: The Learner will receive a full refund of the Lesson price (inclusive of the Platform Service Fee) credited to their Wallet. The refund will be processed within ten (10) to fifteen (15) business days of the cancellation.

(b) Cancellation by Learner — within 24 hours of the scheduled Lesson start time: No refund is ordinarily available. The Instructor has authority to determine, in their absolute discretion, whether to release all or part of the Lesson fee to the Learner's Wallet. Where the Instructor elects not to release the funds, the Instructor retains the relevant amount (less Commission) as compensation for the late cancellation. A Learner who disputes an Instructor's decision to retain funds in circumstances that the Learner considers unreasonable may submit a dispute to ACOFEL within seven (7) days of the scheduled Lesson date, in accordance with clause 22. ACOFEL's decision on any such dispute is final, subject to applicable law.

(c) Cancellation or non-delivery by Instructor: If an Instructor cancels a Booking at any time, or fails to appear at the agreed pickup location within 15 minutes of the scheduled start time without providing prior notice to the Learner, the Learner will receive a full refund of the Lesson price credited to their Wallet, regardless of when the cancellation occurs.

(d) Exceptional circumstances: ACOFEL reserves the right, in its sole discretion, to issue full or partial refunds in exceptional circumstances, including without limitation events of severe weather, declared emergencies, or verified medical emergencies affecting either party to a Booking. Requests for exceptional circumstance refunds must be submitted within 48 hours of the relevant Lesson date.

13.3 Refunds issued under this clause will be credited to the Learner's Wallet as the default mechanism. Where a Learner requests a refund to their original payment method and the request is consistent with their rights under applicable law or ACOFEL's discretion, ACOFEL will process the refund accordingly within ten (10) to fifteen (15) business days. Stripe processing times may affect the actual date of receipt.

13.4 Repeated late cancellations or no-shows by a Learner may result in restrictions being placed on the Learner's account, including suspension of the ability to make new Bookings.

13.5 Nothing in this clause 13 limits any rights a User may have under the Australian Consumer Law, including any right to a refund where a service fails to meet a consumer guarantee.

14.1 Learners acknowledge and agree that it is a legal requirement in all Australian states and territories to hold a current and valid learner driver permit or licence appropriate to the class of vehicle being used during instruction, for the duration of any Lesson.

14.2 ACOFEL does not verify whether a Learner holds a valid permit at the time of Booking. It is the Learner's sole responsibility to ensure their permit is current and valid before attending any Lesson.

14.3 An Instructor is legally required to refuse to deliver a Lesson to any Learner who does not present a valid permit at the commencement of the Lesson. In such circumstances, the Learner will not be entitled to any refund.

14.4 If a Learner's permit or licence is suspended, cancelled, or expires during a package of pre-paid Lessons, any undelivered Lessons will be suspended pending reinstatement of the Learner's permit. ACOFEL will work with the Learner and Instructor to reschedule suspended Lessons within a reasonable period.

15.1 Users may submit Content to the Platform, including Instructor reviews, ratings, profile descriptions, and communications. By submitting Content, you grant ACOFEL a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, display, distribute, and adapt that Content in connection with the operation and promotion of the Platform.

15.2 You represent and warrant that any Content you submit: (a) is accurate and based on your genuine first-hand experience; (b) does not infringe any third party's intellectual property rights; (c) is not defamatory, misleading, offensive, discriminatory, or otherwise unlawful; and (d) does not contain any personal information of a third party without their consent.

15.3 Users must not submit Content that is false, fabricated, incentivised, or commercially motivated. The submission of fake reviews or ratings, or the coercion, threatening, or inducement of another User to submit a particular review, is a serious breach of these Terms and may result in immediate account termination.

15.4 ACOFEL reserves the right, without notice or liability, to remove, edit, or decline to publish any Content that it reasonably considers to be in breach of these Terms, applicable law, or ACOFEL's Community Guidelines.

15.5 Users must not use the Platform to: (a) engage in harassment, intimidation, or abuse of other Users; (b) disseminate spam, unsolicited messages, or promotional material; (c) upload malware, viruses, or any code designed to disrupt or damage the Platform; (d) circumvent or attempt to circumvent the Platform's payment system; (e) misrepresent their identity or impersonate any other person; or (f) engage in any activity that is unlawful under Australian law or the law of any applicable jurisdiction.

16.1 Instructors are strictly prohibited from soliciting, accepting, or facilitating bookings from Learners they have met through the Platform outside of the Platform's booking system. This prohibition applies during the period of registration as an Instructor and for a period of twelve (12) months following the termination or expiration of the Instructor's registration, in respect of any Learner with whom the Instructor was connected through the Platform.

16.2 Learners are similarly prohibited from soliciting or completing arrangements with Instructors they have discovered through the Platform outside of the Platform's booking system.

16.3 A breach of this clause by an Instructor will result in immediate termination of the Instructor's account and may give rise to a claim by ACOFEL for loss of Commission revenue.

16.4 This clause does not restrict Instructors from conducting independent driving instruction businesses with clients they have sourced through means entirely unrelated to the Platform.

17.1 All intellectual property rights in the Platform, including without limitation the software, source code, interface design, branding, trade marks, logos, database, documentation, and all Content created by ACOFEL, are owned by or licensed to ACOFEL PTY LTD. All rights not expressly granted are reserved.

17.2 ACOFEL grants each User a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purposes contemplated by these Terms. This licence does not include the right to: (a) sublicense, sell, resell, or otherwise commercially exploit the Platform; (b) copy, modify, adapt, or create derivative works of the Platform or any part thereof; (c) reverse engineer or decompile any part of the Platform; or (d) use any automated systems, bots, or scrapers to access the Platform.

17.3 ACOFEL, the ACOFEL logo, and any associated trade marks are the exclusive property of ACOFEL PTY LTD. No User may use ACOFEL's trade marks, logos, or branding without ACOFEL's prior written consent.

17.4 Any feedback, suggestions, or ideas submitted by Users to ACOFEL may be used by ACOFEL freely and without restriction or compensation to the User.

18.1 ACOFEL will use commercially reasonable efforts to maintain the availability and functionality of the Platform. However, ACOFEL does not warrant that the Platform will be available at all times, free from errors, or that any defect will be corrected within a particular timeframe.

18.2 ACOFEL may suspend access to the Platform or particular features thereof for the purposes of maintenance, upgrades, security patching, or for any other operational reason, with or without prior notice. ACOFEL will use reasonable efforts to conduct planned maintenance outside of peak usage hours and to provide advance notice where practicable.

18.3 ACOFEL is not liable for any Loss suffered by any User as a result of Platform downtime, maintenance, or unavailability, including any Booking that cannot be made, confirmed, or managed during a period of unavailability.

18.4 The Platform may rely on or interface with Third Party Services, including cloud hosting providers, mapping services, and the Stripe payment platform. ACOFEL is not responsible for the availability, accuracy, or performance of any Third Party Service.

19.1 To the maximum extent permitted by law, the Platform and all services provided through it are made available on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including without limitation any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

19.2 ACOFEL does not warrant or represent that: (a) any Instructor listed on the Platform is suitable, safe, or competent for any particular Learner's needs; (b) any Lesson will result in the Learner passing a driving test or obtaining a licence; (c) search results or recommendations are exhaustive or ordered by any particular measure of quality; or (d) information provided by Instructors on the Platform is accurate or current.

19.3 ACOFEL is not responsible for any road accident, vehicle damage, personal injury, death, or other physical harm that occurs during or in connection with a Lesson. Learners and Instructors participate in driving lessons at their own risk, subject to applicable law.

19.4 Nothing in this clause limits ACOFEL's liability under the Australian Consumer Law or affects any consumer guarantees to which a User is entitled by law.

20.1 To the maximum extent permitted by law, ACOFEL's aggregate liability to any User for all claims arising out of or in connection with these Terms, the Platform, or any Booking, whether in contract, tort (including negligence), statute, or otherwise, is limited to the total amount of fees paid by that User to ACOFEL in the twelve (12) months immediately preceding the event giving rise to the claim, or AUD $500, whichever is greater.

20.2 To the maximum extent permitted by law, ACOFEL is not liable for any: (a) indirect, incidental, special, consequential, or punitive loss; (b) loss of revenue, profit, business, data, or goodwill; (c) loss or damage arising from a User's reliance on information on the Platform; (d) loss arising from the conduct, acts, or omissions of any Instructor or Learner; (e) loss arising from the failure, unavailability, or delay of any Third Party Service including Stripe; or (f) loss of or corruption of data.

20.3 Nothing in these Terms limits ACOFEL's liability for: (a) death or personal injury caused by ACOFEL's negligence; (b) fraud or fraudulent misrepresentation by ACOFEL; or (c) any liability that cannot be excluded or limited under Australian Consumer Law or any other applicable law.

20.4 Where Australian Consumer Law applies and ACOFEL's liability cannot be excluded, ACOFEL's liability is limited, at ACOFEL's option, to: (a) the resupply of the relevant service; or (b) the cost of having the relevant service resupplied.

21.1 Each User agrees to indemnify, defend, and hold harmless ACOFEL, its directors, officers, employees, agents, licensors, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the User's breach of these Terms or any other ACOFEL policy; (b) the User's use of the Platform in a manner not authorised by these Terms; (c) any Content submitted by the User; (d) the User's violation of any applicable law or regulation; or (e) any claim brought by a third party arising from the User's conduct on or in connection with the Platform.

21.2 Instructors separately agree to indemnify ACOFEL against any claim, penalty, fine, or liability arising from the Instructor's failure to maintain valid licences, accreditations, clearances, or insurance, or from the Instructor's conduct during a Lesson.

22.1 If you have a complaint or dispute arising from your use of the Platform or from a Booking, you must first submit the complaint to ACOFEL through the Platform's support function or by emailing [email protected]. ACOFEL will acknowledge your complaint within ten (10) to fifteen (15) business days and will endeavour to resolve it within twenty-five (25) to thirty (30) business days.

22.2 If a Learner disputes an Instructor's decision to retain funds following a within-24-hour cancellation, the Learner must submit a dispute request to ACOFEL within seven (7) days of the relevant scheduled Lesson date, providing full details of the circumstances. ACOFEL will review the dispute and may, at its discretion, require supporting evidence from both parties. ACOFEL's written determination will be issued within ten (10) to fifteen (15) business days and is final and binding, subject to applicable law.

22.3 If a dispute is not resolved through ACOFEL's internal complaints process, the parties agree to attempt mediation before commencing any legal proceedings. The mediation shall be conducted in accordance with the Resolution Institute's Mediation Rules, with the mediator to be agreed between the parties or, failing agreement, appointed by the Resolution Institute.

22.4 Nothing in this clause prevents a User from making a complaint to the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, or any other relevant regulatory authority.

23.1 Either party may terminate these Terms by closing the relevant account. Learners may close their account at any time via the account settings. Instructors may close their account subject to the terms of the Instructor Agreement.

23.2 ACOFEL may suspend or terminate a User's access to the Platform immediately and without notice where: (a) the User has breached these Terms or any other ACOFEL policy; (b) ACOFEL has reason to believe the User is engaged in fraudulent, unlawful, or harmful activity; (c) an Instructor has failed to maintain valid credentials or insurance; (d) a pattern of unresolved complaints has been received regarding the User; or (e) ACOFEL is required to do so by applicable law or a court order.

23.3 ACOFEL may terminate a User's account for any reason upon 30 days' written notice in circumstances not covered by clause 23.2.

23.4 Upon termination: (a) the User's licence to access the Platform is revoked immediately; (b) all confirmed Bookings that have not yet been delivered shall be cancelled and refunds processed in accordance with clause 13; (c) outstanding Instructor payouts for delivered Lessons will be processed within 30 business days of termination, subject to any outstanding dispute or withholding; and (d) clauses 16, 17, 19, 20, 21, 22, 24, and 25 survive termination of these Terms.

24.1 ACOFEL reserves the right to amend these Terms at any time. Where an amendment materially affects a User's rights or obligations, ACOFEL will provide not less than 30 days' written notice of the change by email to the User's registered email address and/or by in-platform notification.

24.2 For minor or administrative amendments that do not materially affect User rights, ACOFEL may update these Terms with immediate effect by posting the updated version on the Platform and updating the "Last Updated" date.

24.3 A User's continued use of the Platform after the expiry of any notice period, or after the date of posting of a minor amendment, constitutes their acceptance of the amended Terms. If a User does not accept the amended Terms, they must cease using the Platform and close their account.

24.4 The version of these Terms in force at the time of any Booking governs that Booking for all purposes.

25.1 Governing Law. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

25.2 Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, Instructor Agreement (where applicable), Refund and Cancellation Policy, Community Guidelines, Disclaimer Policy, Copyright and DMCA Policy, and SMS and Email Communications Policy, constitute the entire agreement between the parties in relation to the Platform and supersede all prior agreements, representations, or understandings, whether oral or written.

25.3 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

25.4 Waiver. A failure or delay by ACOFEL to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent breach.

25.5 Assignment. ACOFEL may assign or novate its rights and obligations under these Terms without notice to Users in connection with a merger, acquisition, or sale of substantially all of ACOFEL's assets. Users may not assign any rights or obligations under these Terms without ACOFEL's prior written consent.

25.6 Force Majeure. ACOFEL will not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by an event or circumstance beyond ACOFEL's reasonable control, including without limitation natural disasters, pandemics, government actions, telecommunications failures, or third-party system outages.

25.7 Australian Consumer Law Savings Clause. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by law (including the Australian Consumer Law) which cannot lawfully be excluded or limited. If any such guarantee or warranty applies, ACOFEL's liability for breach of it is limited to the extent permitted by law as set out in clause 20.4.

25.8 Contact. All inquiries, complaints, or notices to ACOFEL under these Terms should be directed to: ACOFEL PTY LTD, U 163 18-20 EDINBURGH ST OAKLEIGH VIC 3166, Australia. Email: [email protected]. For general support: [email protected].