Terms and Conditions

Tailwind Driver Training Academy Pty Ltd.

Effective date: 20 August 2024

Last Updated: 03 October 2026

Registered entity name: Tailwind Driver Training Academy Pty Ltd.
ABN: 74 680 099 674

About these Terms

These Terms and Conditions (Terms) apply to driving lessons, assessments, lesson packages, vouchers, driving-test services and other services supplied by Tailwind Driver Training Academy (Tailwind, we, us or our).

Tailwind Driver Training Academy Pty Ltd, ABN 74 680 099 674, trades as Tailwind Driver Training Academy. Our contact details are 0411 449 797 and info@tailwinddriving.com.au.

These Terms form part of the agreement between Tailwind and the person receiving the service (learner or you). If another person, including a parent or guardian, makes or pays for a booking, that person also agrees to these Terms and must ensure the learner is aware of them.

Acceptance of Terms

You accept these Terms when you book, purchase, reschedule or participate in a service, whether the booking is made through our website, by telephone, SMS, email or another agreed method. If you do not accept these Terms, you must not make or use a booking.

Bookings and Payments

Bookings are subject to instructor, vehicle and location availability. A requested time is not confirmed until Tailwind issues a booking confirmation.

The price payable is the price displayed or communicated when the booking is confirmed. All prices and transactions are in Australian dollars. Payment may be required in advance or by another time stated during booking.

Payments processed through Wix, a card provider, Afterpay or another third-party payment service are also subject to that provider's terms. Tailwind does not receive or store complete payment-card details when payment is processed by an external payment provider.

A booking may be refused or cancelled if payment is not received when due, subject to any rights the customer has under the Australian Consumer Law.

Pricing, Service Zones and Package Selection

Tailwind’s lesson pricing is consistent across our service areas. Available lesson durations vary according to the pick-up and drop-off locations and the package purchased.

Zone 1: Locations within approximately 7 km of Waitara. Packages provide for a minimum lesson duration of either 1 hour or 1.5 hours, depending on the package selected.
Zone 2: Locations within our service area approximately 7–15 km from Waitara. All packages require a minimum lesson duration of 1.5 hours.

Service zones are determined by the actual road travel distance from Waitara to the nominated pick-up and drop-off addresses, rather than the suburb name alone. Some addresses within a suburb generally listed under Zone 1 may fall within Zone 2. Tailwind will confirm the applicable zone where necessary.

Customers are responsible for providing accurate pick-up and drop-off addresses and selecting the appropriate zone package. If an incorrect zone package is purchased, Tailwind will transfer the customer’s unused package balance to the appropriate package for their service zone and notify them of the applicable minimum lesson duration before their next lesson.

The transfer will preserve the value of unused lessons or credit. Any additional payment, change to total remaining lesson hours or change to package expiry will be explained and agreed with the customer before the transfer is completed. Purchasing a Zone 1 package does not entitle a customer to 1-hour lessons at a Zone 2 location.

Changes to pick-up or drop-off addresses may require reassessment of the service zone and adjustment of the package or future bookings. All bookings remain subject to availability and the applicable minimum lesson duration.

Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.

Learner Eligibility and Responsibilities

At every lesson, the learner must:

hold a current and valid learner, provisional or full driver licence, or a valid overseas licence that legally permits driving in New South Wales;
carry the physical licence or an approved digital licence and present it to the instructor when requested;
comply with all licence conditions, including requirements relating to corrective lenses;
tell Tailwind promptly if the licence is suspended, cancelled, expired, restricted or otherwise becomes invalid;
be medically and physically fit to drive and disclose any condition, injury, medication or impairment that may materially affect safe driving;
not attend while affected by alcohol, illegal drugs, medication that impairs safe driving, serious fatigue or illness;
wear safe, secure and suitable footwear; and
follow road rules and the instructor's lawful and reasonable safety directions.

The instructor may refuse to commence, or may immediately end, a lesson if the learner cannot demonstrate lawful eligibility to drive, appears unfit to drive, behaves dangerously or refuses to follow reasonable safety instructions. The lesson fee may remain payable where the learner's act or omission prevents the service from being safely provided, subject to applicable law and the circumstances.

Lesson Delivery and Instructor Authority

The instructor will plan the lesson according to the learner's experience, progress, safety needs, traffic conditions and learning objectives. The instructor may select or change the route, alter lesson activities, use the vehicle's dual controls, stop the vehicle or discontinue an activity whenever reasonably necessary for safety or effective instruction.

Lesson time may include an initial briefing, driving practice, instructor demonstrations, rest breaks reasonably required for safety, debriefing, progress feedback and completion of relevant records or logbook entries.

Tailwind does not guarantee that a learner will reach a particular skill level, become test-ready, obtain a licence or pass a driving test within a specific number of lessons. Progress depends on the learner's experience, practice, ability and other individual circumstances.

Pick-up and Drop-off Locations

Pick-up and drop-off locations must be agreed when the lesson is booked and must be within Tailwind's service area. The learner must provide a complete and accurate address and be ready at the agreed pick-up location at the scheduled start time.

Requests to change a pick-up or drop-off location must be made in advance and are subject to the instructor's approval, location, travel time and availability. A different drop-off location must be agreed before the lesson begins.

Travel between the agreed pick-up and drop-off locations forms part of the booked lesson time. Tailwind cannot guarantee arrival at a drop-off location by a particular time because traffic, roadworks, weather, emergencies and other circumstances may cause delays.

If the learner is not present at the agreed location, the instructor will make a reasonable attempt to contact the learner and may wait for up to 15 minutes. The lesson will still finish at its originally scheduled time. If the learner cannot be contacted or does not attend within that period, the booking may be treated as a non-attendance and the full lesson fee may be charged or the lesson deducted from a package.

If the instructor is delayed, Tailwind will notify the learner as soon as reasonably possible. Where practicable, lost lesson time will be added to the lesson, rescheduled or provided as an equivalent credit.

Account Terms

This page contains the most current version of the Terms of Service.

Accounts registered on the website by "bots" or other automated methods are not permitted and will be removed.
You are responsible for all activity that occurs from your account.
You agree that Tailwind Driver Training Academy can send you booking reminders, relevant information and other marketing via phone, SMS and/or email. You can opt out of any marketing.
You must not post or submit false information to the Service.
You are responsible for maintaining the security of your account and password. Tailwind Driver Training Academy cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You must not use the Service for any illegal or unauthorised purpose. You must not use this Service to violate any laws in your jurisdiction, including but not limited to copyright laws.
Tailwind Driver Training Academy has the right to suspend or terminate your account, refuse any current or future use of the Service, or any other Tailwind Driver Training Academy service, for any reason.
Violation of any of the terms or general conditions may result in the termination of your Account.

Cancellation, Rescheduling and Non-Attendance

Customer cancellations and changes. A lesson may be cancelled or rescheduled without a cancellation fee by giving Tailwind at least 24 hours' notice before the scheduled starting time. Notice must be given by telephone or SMS to 0411 449 797, or through another cancellation method expressly made available by Tailwind. The change is not confirmed until acknowledged by Tailwind.

Late cancellations. If less than 24 hours' notice is given, Tailwind may charge up to the full lesson fee or deduct the lesson from a prepaid package. Tailwind may waive or reduce the charge in exceptional circumstances at its reasonable discretion.

Non-attendance. If the learner does not attend and has not cancelled in accordance with these Terms, the booking may be treated as used and the full fee may be payable. This includes attending without a valid licence or being unable to participate safely because of intoxication or another condition within the learner's control.

Tailwind cancellations. If Tailwind cancels a lesson, the learner may choose to reschedule or receive a refund or account credit for the amount paid for that lesson. Tailwind may need to cancel or delay a lesson because of instructor illness, unsafe weather, vehicle problems, road closures or circumstances beyond its reasonable control.

No cancellation fee will be imposed where doing so would be contrary to the Australian Consumer Law.

Late Arrival and Lesson Duration

If the learner arrives late, the lesson will ordinarily end at the original finish time so that later customers are not delayed. The full lesson fee may remain payable. The instructor is not required to extend the lesson, although an extension may be offered if scheduling permits.

If the instructor arrives late, the learner will receive the lost time, an agreed rescheduled period or an equivalent credit. If the delay is substantial and the lesson cannot reasonably proceed, the learner may reschedule or request a refund for the affected lesson.

Packages, Credits and Vouchers

Lesson packages are for the learner named at the time of purchase and may not be shared or transferred unless Tailwind agrees in writing.

A package booking cancelled with less than 24 hours' notice, or a non-attended package booking, may be deducted from the remaining package balance.

If a customer is entitled to a refund for the unused portion of a discounted package, Tailwind may recalculate lessons already used at the standard rate that applied when the package was purchased, provided this calculation was clearly disclosed before purchase and is permitted by law.

Account credits are not redeemable for cash unless required by law. Tailwind will consider reasonable requests for an extension, including where the customer could not use a credit because Tailwind lacked reasonable availability.

Vouchers are not redeemable for cash, refundable or transferable except where required by law. Any expiry date and material restrictions will be shown when the voucher is sold. Lost or stolen vouchers may be replaced only where Tailwind can verify the purchase and unused balance.

Modifications to Services and Prices

We may change prices for future bookings by updating our website or otherwise notifying customers. A price change will not affect a lesson that has already been booked and paid for, unless the customer agrees or the booking is materially changed.

Driving Tests and Use of Tailwind's Vehicle

This section applies where Tailwind agrees to provide a vehicle or related service for a driving test.

The learner is responsible for confirming test eligibility and ensuring the correct test date, time and location, unless Tailwind expressly agrees to manage a particular part of the booking.
The learner must promptly provide accurate test details and notify Tailwind of any change, cancellation or postponement.
Use of Tailwind's vehicle is subject to instructor and vehicle availability and to the learner demonstrating, in the instructor's reasonable professional judgment, that the vehicle can be used safely.
The instructor may refuse vehicle use if the learner is legally ineligible, unsafe, unfit to drive or has not demonstrated sufficient control of the vehicle. Any fee outcome will be determined reasonably in light of the circumstances and applicable law.
Government test fees and Transport for NSW decisions are outside Tailwind's control. Tailwind is not responsible for a test cancellation, delay or result caused by Transport for NSW, an examiner, road conditions or another external event.
If Tailwind's vehicle becomes unavailable, Tailwind will use reasonable efforts to provide a suitable alternative, reschedule the service or refund the amount paid for the unavailable Tailwind service.
Tailwind does not guarantee that the learner will pass. The result is determined independently by the testing authority.

Additional waiting time caused by a delayed test may incur an extra fee only where that fee was disclosed before booking or agreed with the customer.

Safety, Conduct and Ending a Lesson

Learners and accompanying persons must behave respectfully and must not threaten, abuse, harass or endanger an instructor or any other person. Tailwind may stop a lesson or refuse future bookings where reasonably necessary to protect safety, comply with law or respond to serious misconduct.

If Tailwind ends a lesson because of the learner's serious unsafe conduct, unlawful conduct or refusal to follow reasonable safety instructions, the full fee may remain payable. If Tailwind ends a lesson for reasons not caused by the learner, Tailwind will provide a reasonable rescheduling, credit or refund remedy.

Vehicle, Infringements and Damage

Tailwind is responsible for maintaining and insuring its training vehicle as required by law. The learner must take reasonable care of the vehicle and comply with the instructor's directions.

Responsibility for a traffic infringement, fine, toll, penalty, collision or damage will be determined according to applicable law and the circumstances. Nothing in these Terms makes the learner responsible for loss caused by Tailwind's negligence, vehicle defect or other matter for which Tailwind is legally responsible.

Prices, Refunds and Consumer Rights

Tailwind may change prices for future bookings by updating its website or notifying customers. A price change will not affect a service already confirmed and paid for unless the customer agrees or changes the booking in a way that affects the price.

Refund requests should be sent to info@tailwinddriving.com.au with the customer's name, booking details and reason for the request. Approved refunds will ordinarily be returned through the original payment method. Processing times may depend on the payment provider, including Afterpay.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded or modified.

Liability

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the booking was made. This limitation does not apply to liability that cannot legally be excluded, including applicable Australian Consumer Law rights, or to loss caused by fraud, wilful misconduct or negligence where liability cannot lawfully be limited.

Tailwind is not responsible for delay or failure caused by events outside its reasonable control, but will provide any remedy required by law and will take reasonable steps to minimise disruption.

Privacy and Communications

Tailwind may collect personal information reasonably required to administer bookings, provide instruction, process payments, maintain safety and business records, respond to enquiries and comply with law. Personal information will be handled in accordance with Tailwind's Privacy Policy, available on its website.

Tailwind may send service communications such as booking confirmations, reminders, changes and safety information. These messages are necessary to administer the service and are separate from marketing communications.

Where required, Tailwind will obtain consent before sending marketing email or SMS. Marketing messages will identify the sender and provide a way to unsubscribe. A customer may withdraw marketing consent at any time without affecting essential service communications.

Photos, videos, testimonials or identifying information will not be used for promotional purposes without separate appropriate consent. For a learner under 18, Tailwind may require verbal or written consent from a parent or guardian.

Dashcam and In-cabin Recording

Camera coverage and notice. Tailwind's training vehicle is fitted with a dashcam system that records the view in front of the vehicle, behind the vehicle and inside the passenger cabin. The system may also record sound inside or around the vehicle where audio recording is enabled. Recording may operate continuously while the vehicle is switched on or in use. A notice may also be displayed inside the vehicle.

Consent. The learner will be informed that recording occurs before or at the start of the lesson. By entering the vehicle and proceeding with the lesson after receiving this notice, the learner acknowledges and consents to the collection of the video footage and, where enabled and expressly notified, audio recording. Where the learner is under 18, the person making the booking confirms that they are authorised to accept these Terms and provide any required consent on the learner's behalf. If the learner does not consent, they or their parent or guardian must contact Tailwind before the lesson. Tailwind will explain whether the requested service can be provided without the relevant recording.

Passengers and other occupants. A customer who asks another person to accompany the learner must inform that person about the dashcam before they enter the vehicle. Tailwind may also provide a direct verbal or displayed notice to vehicle occupants. An accompanying person who does not agree to being recorded must not enter or remain in the vehicle while recording is operating.

Purposes of recording. Dashcam footage may be collected and used only where reasonably necessary for one or more of the following purposes:

protecting the safety and security of learners, instructors, passengers, the public and the vehicle;
recording road conditions, traffic events, collisions, near misses, damage, threats or other safety incidents;
investigating and responding to complaints, disputes, allegations or questions about a lesson or incident;
supporting insurance claims, legal proceedings, regulatory enquiries or reports to police or emergency services;
protecting Tailwind's lawful interests and establishing, exercising or defending legal claims; and
reviewing instructor conduct, service quality or safety practices, where this is reasonable and lawful.
No routine surveillance for unrelated purposes. Footage will not be used to monitor a learner for purposes unrelated to providing the service, safety, incident management, legal compliance or the other purposes stated above.

Marketing and publication. Dashcam footage, audio, still images or extracts that identify or could reasonably identify a learner or passenger will not be posted publicly, supplied to media, used in advertising, published on social media or used in promotional or testimonial content without separate, specific and freely given consent. Agreeing to a driving lesson or to safety recording does not amount to consent for marketing use. A parent or guardian's separate consent will be required before identifiable footage of a person under 18 is used for promotional purposes.

Storage and retention. Routine dashcam recordings may be automatically overwritten or deleted after the 64GB SD card is full. Footage relating to an incident, complaint, insurance matter, legal claim or regulatory requirement may be isolated and retained for longer, but only for as long as reasonably necessary or required by law. Because routine footage may be overwritten automatically, Tailwind cannot guarantee that footage will remain available unless Tailwind receives a prompt request to preserve it.

Security and access. Tailwind will take reasonable steps to protect retained recordings against misuse, loss and unauthorised access, modification or disclosure. Access will be limited to authorised persons who reasonably need it for an approved purpose. Recordings must not be copied, downloaded or shared except as permitted by these Terms, Tailwind's Privacy Policy or applicable law.

Disclosure. Tailwind may disclose relevant footage to police, emergency services, courts or tribunals, government or regulatory authorities, insurers, insurance investigators, legal advisers, professional advisers, technology or secure-storage providers, or another person where reasonably necessary for an authorised purpose or where required or permitted by law. Where practical, Tailwind will limit disclosure to the footage reasonably required.

Requests for access, preservation or deletion. A person may contact info@tailwinddriving.com.au to request access to footage relating to them, ask that relevant footage be preserved, or request deletion. Requests should include the lesson date, approximate time, vehicle and reason for the request. Tailwind will consider each request under applicable law, its Privacy Policy, the privacy and safety of other people, evidentiary obligations and any legal or insurance requirement. Tailwind may redact, blur, mute or withhold parts of a recording where reasonably necessary to protect another person or comply with law.

Audio recording. Conversations inside a vehicle may be private conversations protected by surveillance laws. Tailwind will not intentionally record audio unless it has provided appropriate notice and has a lawful basis to do so. Where consent is relied upon, the lesson must not proceed with audio recording if a required participant has clearly refused or withdrawn consent, unless another lawful exception applies. Turning off audio does not necessarily require Tailwind to turn off road-facing or cabin video where that video is lawfully and reasonably required for safety.

Further information about the handling of recordings is provided in Tailwind's Privacy Policy. Questions or complaints about dashcam recording may be directed to info@tailwinddriving.com.au or 0411 449 797.

Website Use and Intellectual Property

Website content is provided for general information and may be updated. Although Tailwind takes reasonable care, website content may contain errors or become out of date. Customers should contact Tailwind to confirm information that is material to a booking.

Unless otherwise stated, Tailwind owns or is licensed to use the website's text, branding, graphics, images and other content. Content may not be copied, republished, sold or commercially exploited without prior written permission, except as permitted by law.

Users must not interfere with the website, attempt unauthorised access, introduce malicious code or use the website unlawfully.

Complaints and Dispute Resolution

If you have a concern, please contact Tailwind promptly at info@tailwinddriving.com.au or 0411 449 797 and provide your name, booking details, a description of the issue and the outcome you are seeking. Tailwind will acknowledge and review the complaint within a reasonable time and will attempt to resolve it in good faith.

If a complaint cannot be resolved directly, either party may seek assistance from NSW Fair Trading or another appropriate dispute-resolution body. Nothing in this section limits either party's legal rights.

Changes to these Terms

Tailwind may update these Terms from time to time. The current version and effective date will be published on the website. Material changes will apply to future bookings and purchases unless the customer agrees otherwise or the change is required by law. Changes will not remove rights that have already accrued.

General

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply. A failure or delay in exercising a right does not waive that right.

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the courts and tribunals having jurisdiction in New South Wales, subject to any rights that allow a customer to bring a claim elsewhere.

Contact

Tailwind Driver Training Academy

ABN 74 680 099 674

Telephone: 0411 449 797

Email: info@tailwinddriving.com.au

Website: www.tailwinddriving.com.au