Terms and Conditions

These Terms and Conditions may be varied by RACQ from time to time. We will use reasonable endeavours to notify you of any changes to these Terms and Conditions by placing a notice on our website. You will be bound by the Terms and Conditions you accept at the time of booking your Activity with RACQ.
In these Terms and Conditions, a reference to RACQ is a reference to RACQ–QUEENSLAND DRIVINGEXCELLENCE CENTRE PTY LTD ABN 96 605 970 107 and its related bodies corporate (RACQ Group) and the contractors, agents, officers and employees of any member of the RACQ Group.

  1. General

    • We reserve the right to suspend or terminate any Activity or any component of an Activity or your participation in it, including if deemed unsafe to perform. Except where the cancellation results from your breach of these terms or unsafe or inappropriate behaviour, RACQ will refund the fees you paid in relation to the Activity in the event of a cancellation.
    • We will not be liable for any delay in performing, or any failure to carry out an Activity or any component of an Activity to the extent that such delay or failure results from events or circumstances outside our reasonable control.
    • Depending on location and availability, timeframes may be changed at short notice. RACQ will make reasonable efforts to get in contact with you to inform you of the timeframe change. In the event RACQ cannot get hold of you, we will get in contact via email to notify these changes.
    • You must follow all lawful directions of RACQ or its representatives in relation to the conduct of the Activity.
    • Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
      • to cancel your service contract with us; and
      • to a refund for the unused portion, or to compensation for its reduced value.

      You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

      If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

    • These terms and conditions do not purport to exclude any guarantees or rights which, by law, cannot be excluded.
    • Participants may be required to provide a signed acknowledgement, waiver or indemnity in order to participate in an Activity (signed by a Parent/Guardian where the participant is a minor).

  2. Inspection

    The terms and conditions in this section apply where your Activity includes a weight assessment of your vehicle and/or caravan.
    • Your weight assessment report can only relate to th
    • e configuration of the vehicle and caravan (if applicable) at the time of the weighing.
    • Your weight assessment is a guide and provided for educational purposes only.
    • There are some vehicles or caravans that we either cannot weigh. This might be because of size of the vehicle or caravan. We will attempt to advise where this might occur prior to conducting a weight assessment.
    • By its nature, an assessment can only consider the vehicle as at the time of inspection. Weight variances may
      arise after the time of the inspection which were not identifiable at the time of inspection.
    • Your weight assessment does not constitute an expert’s report and may not be used in any legal proceedings
      without RACQ’s prior written consent (which may be given or refused in its absolute discretion).

  3. Liability

    • Certain State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), imply warranties and conditions or impose obligations which cannot be excluded, restricted or otherwise modified.
    • There Terms and Conditions do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. Other than those statutory provisions, we exclude all conditions and warranties which may be implied by law.
    • To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which
      cannot be excluded is restricted at our option to the resupply of services supplied or offered by us or the payment of the cost of having those services re-supplied.
    • To the extent permitted by law, RACQ will not be liable to you or any third parties for any claim (whether in contract, tort, including negligence, or statute) for any loss, damage, injury or death to any person or property arising out of or relating to the services provided by RACQ, including for any damage to any vehicle or caravan, except to the extent directly caused or contributed to by RACQ’s acts or omissions. Neither party will be liable in any circumstances to you or any third parties for any demurrage, loss of use, prospective profits or special, indirect or consequential damages.
    • You agree that to the extent permitted by law, RACQ’s maximum liability to you in relation to damage to property directly caused or contributed to by RACQ is the lower of the cost of repairing that property and the value of that property and otherwise is limited to the fees paid by you for the services provided. If the services provided to you are defective, RACQ shall, at its option, either resupply the services or refund the fee paid.

  4. Privacy

    • RACQ collects, holds and discloses your personal information (such as your name, address, email address and vehicle details) in accordance with the RACQ Privacy Policy which is available at: https://www.racq.com.au/privacy
    • If you have any questions or comments regarding your privacy in relation to RACQ, please contact us on 13 1905 or email us at privacy@racq.com.au. If you wish to make a complaint or otherwise do not agree with a decision made by RACQ in relation to the access or update of your personal information please write to:
      Privacy Officer, Group Risk & Compliance, PO Box 4 Springwood QLD 4127.

Participant Acknowledgement – Adult (over 18 years)

In consideration of being permitted to participate as a driver (hereafter a Participant) in the driver training activity in which I am enrolled at the RACQ Mobility Centre (Activity), I declare and agree as follows:

  1. I understand the nature of the Activity and that I participate in the Activity voluntarily and at my own risk except to the extent directly caused or contributed to by RACQ;
  2. I am not required to participate in the Activity as a term of my employment, or by reason of a policy or expectation of my employer or any other entity and I have not, and will not, receive any inducement or reward for entering into this agreement or agreeing to any particular terms of this agreement;
  3. I acknowledge that the Activity may involve driving a vehicle or being a passenger in a vehicle that is in close proximity to other vehicles and equipment;
  4. I am in good health and condition to participate in the Activity and I have no condition that may be incompatible with my participation in the Activity (including any physical or psychological condition, disease or disorder);
  5. I am not under the influence of any medication, alcohol or other drugs and will not be under any such influence during my participation in the Activity;
  6. I hold a valid driving licence and I will make my licence available to RACQ upon request;
  7. I will at all times during my participation in the Activity and at all times while I am at the RACQ Mobility Centre (including whilst entering or exiting the RACQ Mobility Centre) exercise a high degree of care and caution for my own safety and the safety of other persons;
  8. if at any time I believe conditions to be unsafe for myself or any other person, I will immediately discontinue further participation in the Activity;
  9. I understand and accept that there are dangers inherent in the Activity including dangers which may result in physical injury or death to me or others and property damage to my property and the property of others;
  10. I must comply with all instructions, directions, policies and procedures issued by RACQ-Queensland Driving Excellence Centre Pty Ltd (RACQ) in connection with the RACQ Mobility Centre or the Activity
  11. RACQ may at any time, and without giving reasons, suspend or terminate the Activity;
  12. I indemnify and release RACQ and its related bodies corporate and their respective officers, employees, agents and contractors from all liability for any injury, illness death suffered by me or and others, and for any damage to my property and any damage to the property of others caused by me in connection with the Activity except to the extent directly caused by the act or omission of RACQ;
  13. I indemnify and keep indemnified RACQ and its related bodies corporate and their respective officers, employees, agents and contractors from and against any liability, claims, demands, loss or damage they may suffer or incur in connection with my negligent act or omission in connection with the Activity;
  14. to the extent permitted by law, to the extent RACQ or its related bodies corporate or their respective officers, employees or agents have any liability to me in connection with the Activity in relation to damage to property directly caused or contributed to by RACQ is the lower of the cost of repairing that property and the value of that property and otherwise is limited to the payment of the cost of having the services supplied to me again;
  15. I accept the Terms and Conditions associated with the Activity provided to me by RACQ (if any);
  16. each clause of this agreement is severable from each other clause and the invalidity or unenforceability of any clause will not affect the validity or enforceability of any other clause; and
  17. this agreement is governed by the laws of Queensland.

I understand that this is an important legal document, which I have read carefully before signing.

I am satisfied that I understand this document and that I have obtained, or had adequate opportunity to obtain, independent legal advice about this agreement before signing it.

Executed as a deed poll.

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