Avian Driving School Website Terms of Use
Last Updated: [01/01/2025]
Table of Contents
Acceptance of Terms
Eligibility for Service Usage
Your Safety
Payments and Refunds
Cancellations and Re-bookings
Lateness and No-Shows
Reservations for Road Tests
Service Availability and Modifications
Force Majeure
No Waiver
Outcome Disclaimer
Intellectual Property
Changes to the Terms
Termination
Guarantee and Disclaimer of Warranties
Limitation of Liability
General Representation and Warranty
Indemnification
Choice of Law
Dispute Resolution and Arbitration
Severability
Final Terms
Conclusion
Contact Information
1. Acceptance of Terms
By enrolling in our courses, booking lessons, or otherwise using our website and mobile applications (collectively, the “Services”), you agree to these Terms of Service (the “Terms”).
These Terms form a legally binding agreement between you and Avian Driving School, Inc. If you do not agree to these Terms, please refrain from using our Services.
Important: These Terms include an arbitration clause (see Section 20). Please review this clause carefully before using our Services.
Your agreement with us also includes our Privacy Notice, which is provided in a separate document.
2. Eligibility for Service Usage
To use our Services, you must:
Possess the legal capacity to hold a driver’s license or permit.
Be at least 16 years of age.
Provide accurate and complete registration information.
If using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
If you do not meet these criteria, we reserve the right to deactivate your account.
3. Your Safety
Driving is inherently hazardous. To enhance your safety, please follow these guidelines:
Mobile Device Use: Our app features a drive log. Start the log before you begin driving and secure your phone to avoid distractions.
Safe Operation: Do not use the app in any manner that could divert your attention from driving.
4. Payments and Refunds
General Payment Terms
Prepaid Lessons: Driving lessons are prepaid. When you book, you pay for a set number of lessons (e.g., one lesson = 45 minutes; three lessons = 2 hours and 15 minutes).
Credit Expiration: Lesson credits must be used within twelve (12) months. Unused credits expire after that period.
Refund Window: Refunds are available within six (6) months of purchase. To request a refund, please contact us at info@aviandrivingschool.com.
Refund Calculation
Refunds for packages are calculated by deducting the current full cost of any lessons taken from the original package price.
Example: If you purchase five lessons for $399 and complete two lessons (each valued at $60), your refund for the remaining lessons would be $279.
Note: Refunds will be processed within 1–2 weeks via check, once approved by a manager.
Special Refund Provisions
Prepaid Courses: If you withdraw or if the school is unable to complete the course, refunds will be issued minus:
An enrollment fee (not to exceed $10 or 10% of the total cost, whichever is greater).
The per-lesson charge for any lessons already taken.
5. Cancellations and Re-bookings
Flexibility: You can cancel or reschedule lessons free of charge if you notify us at least 24 hours before your scheduled lesson.
Late Cancellations/Changes: Cancellations or changes made within 24 hours of a lesson, or no-shows, will incur a charge equal to the full lesson price.
Road Test Cancellations: Must be made at least 72 hours (3 days) before the scheduled appointment.
Same-Day Cancellations: Cancelling on the same day results in forfeiture of the lesson.
Business Hours: Cancellations or new appointments must be made Monday through Saturday between 9 am and 6 pm.
Example: If a class is scheduled for Monday, it must be rescheduled by Saturday before 4 pm.
Credit/Gift Certificate Validity: All credits, deposits, and gift certificates expire after one year.
6. Lateness and No-Shows
For All Students
Meeting Time: You are expected to meet your instructor at the designated location on time.
Student Lateness: If you are late, your instructor will wait up to 15 minutes. After 15 minutes, the lesson will be forfeited.
Instructor Lateness: If the instructor is late, please wait 15 minutes before calling the school. Your lesson time begins when the instructor arrives.
For Minors
A responsible adult must accompany minors and provide proof of identification.
Special Pick-Up Arrangements
If Avian Driving School arranges pick-up for students within a 5-minute drive, note that lessons outside this area may require a double lesson (1½ hours).
7. Reservations for Road Tests
Deposit: A deposit of $135.00 is required two weeks in advance to reserve a road test vehicle.
Expiration: All packages, including road test reservations, expire within one (1) year.
Road Test Policies:
Confirmation: Road tests must be confirmed three (3) days before the appointment.
No-Show: Failure to appear after confirmation results in forfeiture of the deposit and a new deposit requirement.
Documentation: Ensure your driver’s permit, photo identification, and any required items (e.g., glasses) are in order.
Rescheduling: If the DMV refuses your test due to expired or invalid documentation, the road test is forfeited and a $15 reschedule fee applies.
Additional Fees: Early appointments or tests in different counties may incur extra charges, including travel fees and tolls.
Time-Specific Arrangements:
For road tests from 9:00 am to 11:00 am, arrive at Avian Driving School by 7:00 am.
For tests from 1:00 pm to 3:15 pm, arrive by 11:30 am.
Office Requirement: All road tests must be reported to the Avian Driving School office. If you are late, the road test will be forfeited.
Pickup Note: We will contact you a day before the test to arrange pickup. Escorted pickup is limited to a 5-minute wait.
8. Service Availability and Modifications
Avian Driving School reserves the right to modify, suspend, or discontinue any part of the Services at any time without notice.
The Services are provided “as is” and may be subject to changes, interruptions, or errors. We do not guarantee uninterrupted or error-free operation of the Services.
9. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions (“Force Majeure”).
In the event of a Force Majeure, the affected party shall notify the other party as soon as possible, and the time for performance shall be extended by a period equal to the delay.
10. No Waiver
No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof.
A single or partial exercise of any right shall not preclude the future exercise of any other right.
11. Outcome Disclaimer
While we strive to provide high-quality driver education and training, Avian Driving School does not guarantee that the Services will result in a successful driving test or any particular outcome.
Your progress and results depend on your individual efforts and external factors.
12. Intellectual Property
All materials provided through the Services, including but not limited to training modules, course content, videos, and software, are the intellectual property of Avian Driving School or its licensors.
Unauthorized reproduction, distribution, or modification of any materials is strictly prohibited.
13. Changes to the Terms
Avian Driving School reserves the right to modify these Terms at any time.
Significant changes will be communicated, but we recommend you review these Terms periodically.
Your continued use of our Services after any changes constitutes acceptance of the updated Terms.
14. Termination
We may suspend or terminate Services or your account at our discretion without prior notice.
You may also terminate your account by requesting its deletion.
Termination does not relieve you of any obligations incurred prior to termination.
15. Guarantee and Disclaimer of Warranties
15.1 Disclaimer of Warranties
The Services are provided “as is.”
While we strive for quality, our Services are under active development and may contain errors, bugs, or inaccuracies.
Avian Driving School, its suppliers, and licensors disclaim all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Your use of our Services is at your own risk.
15.2 Avian Driving School Guarantee
We are confident in our instructors and your learning experience.
If you are dissatisfied with a lesson, please notify us immediately. You may choose to redo the lesson with the same or a different instructor or opt for a refund for that lesson.
This guarantee applies only to the most recent lesson received.
16. Limitation of Liability
In no event shall Avian Driving School or its suppliers or licensors be liable for:
Special, incidental, or consequential damages.
The cost of procuring substitute products or services.
Interruption of use, loss, or corruption of data.
Any amount exceeding the fees paid by you within the 12 months preceding the claim.
This limitation applies to all claims under any legal theory, except as prohibited by applicable law.
17. General Representation and Warranty
You represent that:
Your use of the Services will comply with these Terms, the separate Avian Driving School Privacy Notice, and all applicable laws.
Your use of the Services will not infringe upon any third-party rights, including intellectual property rights.
18. Indemnification
You agree to indemnify and hold harmless Avian Driving School, its contractors, licensors, and their directors, officers, employees, and agents from any claims, expenses (including attorney’s fees), or damages arising out of your use of the Services or any violation of these Terms.
19. Choice of Law
These Terms are governed by New York law without regard to conflict of law principles.
Any disputes related to these Terms will be resolved in state or federal courts located in New York.
20. Dispute Resolution and Arbitration
20.1 Binding Arbitration Agreement
All disputes arising from these Terms shall be settled through binding arbitration in accordance with the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Important: By accepting these Terms, you waive your right to a trial by jury and the right to participate in class actions.
20.2 Exceptions
Either party may still pursue individual claims in small claims court or seek injunctive relief in court to assist with arbitration.
Claims related to intellectual property infringement may be brought in court.
20.3 Arbitration Process
Notice: Before initiating arbitration, you must send a written Notice of Arbitration to Avian Driving School at:
Avian Driving School
5 E Gun Hill Rd, Bronx, NY 10467The Notice must include a description of the dispute and the specific relief sought.
Both parties agree to attempt to resolve disputes directly within 30 days before arbitration begins.
Fees: If your claim does not exceed $10,000, you may choose between document-based, telephone, or in-person hearings (within your billing address county). For claims above $10,000, fees will be determined per AAA rules.
If your claim is deemed frivolous, you may be responsible for all arbitration fees as determined by AAA rules.
20.4 No Class Actions
You agree to pursue any claims solely in an individual capacity. The arbitrator is not permitted to consolidate claims or preside over any class or representative action.
20.5 Modifications
Should Avian Driving School alter this arbitration provision (except for address changes), you may reject the change by providing written notice within 30 days. If you do so, your account will be terminated, and the previous arbitration terms will remain in effect.
21. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted to reflect the parties’ original intent, and the remainder of the Terms will remain in full force and effect.
A waiver of any breach or provision in one instance does not constitute a waiver of any future breach or provision.
22. Final Terms
These Terms, together with the separate Privacy Notice, constitute the entire agreement between you and Avian Driving School regarding the Services.
Any modifications to these Terms must be made in writing or posted as a revised version on our website.
Avian Driving School may assign its rights under these Terms without restriction, whereas you may assign your rights only with our written consent.
23. Conclusion
Thank you for reading our Terms of Service. We appreciate your trust in Avian Driving School and look forward to helping you succeed in your driving education. Should you have any questions or concerns about these Terms, please refer to the Contact Information below.
24. Contact Information
For any inquiries related to these Terms, please contact:
Avian Driving School
5 E Gun Hill Rd, Bronx, NY 10467
Email: Contact@aviandrivingschool.com