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Theory Academy Service Agreement

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1. OUR SERVICES

1.1 Our services and products. We provide an online facility via our website (www.studytheory.co.uk) which allows you to book your driving theory test online. We also provide online practice theory tests and e-books (including the Highway Code e-book and traffic signs e-book) to you, including via our website, for you to complete before sitting your actual driving theory test.

1.2 Our digital content. To help you prepare for your driving theory test (and any resits you may take), we provide digital content in the form of practice theory tests on our website and e-books. The practice tests we provide are for illustrative purposes only and are designed to contain examples of the types of questions that you may be asked in your actual test. Unfortunately, our practice tests do not cover the hazard perception element of a theory test. The e-books that we provide may be subject to change as regulations and driving rules change.

1.3 FAILURE TO ATTEND BOOKED TEST AND HOW TO MAKE CHANGES TO YOUR BOOKING. Unfortunately we cannot provide a free retest where you have failed to attend your driving theory test booking. It is important that you let us know if you cannot attend your booked driving theory test or that you want to rearrange it as soon as possible and we will try to reschedule it on your behalf and let you know if this is possible (please see clause 5 for more details). If you miss your appointment without letting us know, or on short notice (see clause 5 for what “short notice” means), then you will not be eligible for a free retest and will have to pay in full for the retest.

1.4 You can also amend your booking yourself by using the government driving theory test website, the details of which will be contained in your driving theory test booking confirmation (although you should note that restrictions will also apply in relation to cancelling or amending your booking on short notice and we would recommend that you familiarise yourself with any restrictions on the government driving theory test website when you have received your driving theory test booking confirmation).

1.5 Unavailable Dates & Times. If the selected time & date of your test becomes unavailable you will be informed and placed on our priority list to automatically reschedule your booking for the next available slot at the same test centre. We are not responsible for issues relating to unavailable dates and cancellations that occur due to covid delays, restrictions and other 3rd party issues outside of our control.

1.6 Incorrect customer details. Please ensure the details you have provided are correct as we are not held responsible for issues relating to incorrect details entered by you (the customer) that may affect your booking. This agreement provides confirmation that you are responsible and no refund shall be provided for issues related to this.

2. OUR CONTRACT WITH YOU

2.1 Submitting your order online. By submitting the online order form to book your driving theory test and to access our online practice tests, you are making an offer to us to purchase these services and products in accordance with these terms. If you are under the age of 18 any order must either be made on your behalf by a parent or legal guardian or under the supervision of a parent or legal guardian.

2.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

2.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you. This could be for a number of reasons including (for example) that we have identified an error in the price or description of the product, because the product is no longer available or because we are no longer offering theory tests at your preferred theory test centre or an appointment is no longer available on your preferred theory test date. We will try our best to suggest suitable alternatives for you where possible.

2.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

2.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK and for customers with a valid provisional UK driving licence and number. Unfortunately, we do not accept orders from outside the UK.

3. Rights to make changes

3.1 YOUR RIGHTS TO MAKE CHANGES, If you wish to make a change to the date, time or driving centre for your booked driving theory test, please contact us as soon as possible before your appointment. We will let you know if the change is possible and if there are any additional costs. In order to amend, rearrange or cancel your booking, you will need to provide at least 3 clear full working days’ notice of the date of your booked driving theory test. For example, if your booking is on a Friday, you will need to provide us with notice of cancellation or rearrangement on the Monday (unless this is a public holiday, in which case on the previous working day). Although we will do our best to make any changes, we cannot guarantee that you will be able to change your appointment once it is booked as this is booked through a third party and will be subject to their terms.

3.2 OUR RIGHTS TO MAKE CHANGES, We may change the product:
3.2.1 to reflect changes in relevant laws and regulatory requirements for example to make sure that any digital content is up-to-date with the current driving rules, regulations or requirements or to make sure that the practice tests contains the types of questions that may be asked in your actual test; and
3.2.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

3.3 More significant changes to the products and these terms. In addition, as we informed you when you submitted your online order form, in rare circumstances we may need to make changes to the time or date of your booked driving theory test, or the venue. If we do need to make changes to your booked test, we will give you as much notice as possible and provide you with alternative options where possible. If you are unhappy with the changes, you may contact us to end the contract before the changes take effect and receive a refund for your booking.

3.4 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

4. PROVIDING THE PRODUCTS

4.1 When we will provide the products.
4.1.1 Driving Theory Test. We will arrange the booking of your driving theory test shortly after we accept your order, which will be arranged to take place on the date and time agreed with you.
4.1.2 Practice Driving Theory Tests and other digital content. We will make the practice theory tests and e-books available for access by you as soon as we accept your order.

4.2 We are not responsible for delays outside our control. If your booked test is delayed or cancelled by an event outside of our control (for example if the test centre cannot fulfil the booking) or if you cannot access the practice tests for a reason outside of our control (for example if there is an internet shortage or an issue that due to a fault with the internet of that nature), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Alternatively, where possible, you can rearrange your test booking and we will help you with alternative options.

4.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, accurate information which is required to book your driving theory test (including information contained on your provisional driving licence). This information is contained in our online form, however we will contact you in writing to ask for any further information we may require to complete your booking. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for you missing your booking, or being unable to sit your test, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

4.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product (such as our practice tests) to:
4.4.1 deal with technical problems or make minor technical changes; or
4.4.2 update the product to reflect changes in relevant laws and regulatory requirements; or

4.5 Suspending the product to carry out maintenance. There may be occasions when we have to suspend the supply of a product (for example our practice tests) or temporarily suspend access to our website to carry out maintenance work (for example where there are technical problems). We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. Where we do have to carry out non-urgent maintenance, we will carry out the maintenance during specific hours which are communicated to you in advance (for example between 10pm and 2am).

4.6 Your rights if we suspend the supply of products. If we have to suspend the product, for example the practice tests, for longer than 72 hours in any 30 day period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 72 hours and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

4.7 We may also suspend or withhold supply of the products if you do not pay or if there is a problem with payment. If you do not pay us for the products when you are supposed to (see clause 13.4) or if there is an issue with payment and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend or withhold the supply of any products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending or withholding supply of the products. We will not charge you for the products during the period for which they are suspended.

5. YOUR RIGHTS TO END THE CONTRACT

5.1 You may be able to end your contract with us in different ways. Where you are able to end the contract, your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
5.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 in terms and conditions.
5.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2 in terms and conditions;
5.1.3 If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
5.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.

5.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 2.2 to 2.4 below the contract will end immediately and we will refund for any products which have not been provided, The reasons are:
5.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
5.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed (see clause 13.3 in the terms and conditions);
5.2.3 There is a risk that supply of the products may be significantly delayed because of events outside our control (for example, the test centre near you is no longer providing driving theory tests or the test centre cannot accommodate bookings at that time);
5.2.4 We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 72 hours;

5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days however our digital content cannot be returned once it has been downloaded or streamed via for example email, online account or website therefore you waive your right to cancel and the 14 day cooling off period is waived. These rights, under the Consumer Contracts Regulations 2013.

5.4 You do not have a right to change your mind where:
5.4.1 you have accessed or started to use our online practice tests or digital content, or where we have provided our digital content to you immediately and you agreed to us doing this during the order process or
5.4.2 you have booked a driving theory test which is due to take place during the 14 day cancellation period and you attend and sit that test.

5.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
5.5.1 Have you booked a driving theory test? If so, you have 14 days after the day we email you to confirm we accept your order to change your mind. However, once we have started to provide the services (for example, where we take steps to book your test with the DVSA) and you cancel the contract, you must pay us for the services provided up until the time you tell us that you have changed your mind. If you have booked your driving theory test to take place during the 14 day cancellation period, in order to get a refund of the proportion of the price of the booked driving theory test (i.e. the amount of our price that is dedicated to the booked driving theory test) you will need to cancel the contract within 3 clear working days of the date of your booked test (for example if your booking is to take place on a Friday, you will need to cancel the contract with us on the Monday (unless the Monday is a public holiday in which case the previous working day)). This is because we will be unable to obtain a refund of the price of the booked test from the DVSA if we provide short notice to them. For information on the practice tests and digital content see clause 9.5.2.
5.5.2 Our practice tests and digital content. You have 14 days to change your mind after the day we email you to accept your order, or, if earlier, until you start using or streaming our practice tests. However, if we delivered the digital content to you immediately or made the practice tests available to you immediately (for example by email), and you agreed to this when ordering, you will not have a right to change your mind.

5.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content (including our e-books and practice tests) is completed when the product is delivered, downloaded or streamed and paid for (so, where we have delivered digital content to you, this part of the contract will be completed and you will not be able to end it and obtain a refund). A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. Where you do end the contract or part of the contract, it will end immediately and we will refund any sums paid by you for products or services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract, including the cost paid for booking your driving theory test if we cannot recover this from the DVSA (such as if you are wanting to end the contract within short notice of your booked driving theory test – see clause 5) and a reasonable sum for our costs for work carried out.

5.7 Refund Policy. We have a discretionary Refund Policy. Like most website businesses, we do not grant refunds because the economic cost of opening, establishing, processing and maintaining a customer’s account, practice material as well as incurring other 3rd party costs. Therefore, we issue refunds only in rare, meritorious cases, in our sole and exclusive discretion. We issue a refund for qualifying customers of the Pass Guarantee Programme at which only the cost of the booking (£23) is refunded.

5.8 PASS GUARANTEE AND HOW TO QUALIFY FOR A FREE RETEST.Where you sit your driving theory test on your allocated date and fail the test, you will only be eligible for a free retest (and any subsequent free retests) if you satisfy the terms of this clause (as set out to you when you submitted your order online). These terms must be satisfied by you to be eligible for each retest you need to take. As our services do not include hazard perception tests, you will not be eligible for a free retest if you fail that element of your theory test. To qualify for each free retest the following conditions must apply:-
1 you have booked your driving theory test online via our website;
2 prior to sitting (and resitting) each driving theory test, you successfully passed a minimum of 10 practice tests on our website;
3 you turned up to your driving theory test booking on your allocated date and time and sat and failed the test (and didn’t miss the appointment); and
4 you failed the theory element of the driving theory test, and not the hazard perception element of the test.

Acceptance of Agreement:

Acceptance of this agreement confirms that you have read and understood the above & the Terms and Conditions. By accessing this web site and using the services, you are agreeing to be bound by these Terms and Conditions, along with the Privacy Policy and related site provisions. We reserve the right to discontinue this program without advance notice at our sole discretion.

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May 2, 2022 1:42 pm BST

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