1. About the Website

• Welcome to driveezpro.ca. It is a product of ency CONSULTING INC hereafter also referred to as “ency” who has developed and owns the software. It is registered with the trade name DriveEZ, having identification number 100072801.
• DriveEZ website allows you to access and use the comprehensive driving school management software designed to streamline and automate the operations of driving schools. This solution is provided to customers on a Software-as-a-Service (SaaS) basis. It comprises of 3 interfaces website, mobile app for instructors and mobile app for students. Instructor and student apps are available for android on google play and iOS on apple store.
• Access to and use of the website, or any of its associated products or services, is provided by subscription of the services. These terms apply to your school, users, and end users, please read these terms and conditions (terms) carefully. By using, browsing and/or reading the website, this signifies that your school, users, and end users have read, understood, and agree to be bound by the terms. If your school, users, and end users do not agree with the terms, they must cease usage of the website, or any of associated products or services, immediately.
• Your school, users, and end users accept the terms by remaining on the website and associated products or services.
• ency reserves the right to review and change any of the terms at its sole discretion. When ency updates the terms, it will use reasonable endeavours to provide you with notice of updates to the terms. Any changes to the terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the terms for your records.

2.About the Service

• DriveEZ is a comprehensive driving school management software.
• Account subscriptions are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these terms apply unless otherwise agreed or amended by account-specific terms.
• Some accounts or add on services may be governed by a separate agreement with ency, which may amend the terms of use. For the avoidance of doubt these terms apply unless otherwise agreed or amended by the terms of an applicable agreement.

3.Acceptable use of the Service

• DriveEZ, its related features, and website must only be used lawfully. ency reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service to engage in any act that would disrupt the access, availability, and security of DriveEZ and other ency services, including but not limited to:
• Tampering with, reverse-engineering, or hacking our servers.
• Continue to use DriveEZ services without registering and activating registered students.
• Modifying, disabling, or compromising the performance of DriveEZ or other ency services.
• Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
• Storage/upload of unreasonable number of documents.
• Compromising the integrity of our system, including probing, scanning, and testing the vulnerability of our system unless expressly permitted by ency.
• For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
• To stalk, harass or threaten users and any member of the public.
• To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with ency or any third party.
• To access or search any part of the Service, or any other Service owned by ency other than our publicly supported interface, or otherwise allowed for in an applicable agreement.
• To post, upload, share, or otherwise circulate content in violation of ency’s content policy.

4.Security and Data Privacy

ency takes your privacy seriously and information provided through your use of the website and/or services are subject to ency’s Privacy Policy, which is available on the website Privacy Policy . The Privacy Policy also addresses ency’s processes, policies, and obligations in respect of DriveEZ security breaches.

5.Data Use

ency collects, stores, and processes your data on DriveEZ. The data is used to provide services to you, as well as to facilitate ency’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by ency. The Privacy Policy also addresses ency's processes, policies, and obligations in respect of data encryption and removal requests. We may send operations information, marketing material or information that we think may be relevant or of interest to you. You consent to receive such information via email, notification, text messages, chat messages, phone calls, etc. You may opt out of receiving future communications at any time by reaching out to us at support@driveezpro.ca . If you choose to opt out of receiving marketing communications, we may still communicate with you for other non-marketing business purposes.

6.Subscription to use the Service

• In order to access the services, you must first register yourself with DriveEZ by reaching out to sales@driveezpro.ca.
• Registration to DriveEZ is open only to Driving Schools / Independent Instructors.
• As a part of the registration process, or as a part of your continued use of the services, you may be required to provide personal information about your school, users, or end users (such as identification or contact details), including but not limited to name, emailid, phone no, address and other details as required to avail services offered by DriveEZ or required by school/law related to attaining a driving license.
• As a registered user of DriveEZ you agree to be bound by the terms.
• You may not use the services and may not accept the terms if:
• You are not of legal age to form a binding contract with ency Consulting Inc; or
• You are a person barred from receiving the services under the laws of Canada or other countries including the country in which you are resident or from which you use the services.

7.Payment Fees/ Methods

• Subject to the terms of any applicable Software License Agreement, the subscription fees, activation charges, other charges, and platform fee may be paid by all payment methods available on the website and may change from time to time.
• In addition to other payment modes, you can accept online payments from end-users, you may choose to use your own payment gateway or DriveEZ can create an account for you.
• DriveEZ chooses to use an online payment gateway to accept subscription fees, activation charges, other charges, and platform fee from you and your end users if and when applicable.
• Payments made in the course of your use of DriveEZ may be made using third-party applications and services not owned, operated, or otherwise controlled by ency. You acknowledge and agree that ency will not be liable for any losses or damage arising from the operations of third-party payment applications and services.
• You further acknowledge and warrant that you have read, understood, and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for DriveEZ services.
• You acknowledge and agree that where a request for the payment of the subscription fees, activation charges, other charges, and platform fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges.
• You agree and acknowledge that ency can vary the subscription fees, activation charges, other charges, and platform fee at any time and that the varied subscription fees, activation charges, other charges, and platform fee will come into effect following the conclusion of the existing subscription or date/time identified by ency.

8.Refund Policy

ency Consulting Inc will only provide you with a refund of the subscription fee in the event they are unable to continue to provide the services or if the manager of ency decides, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the subscription fee that remains unused by the member.

9.Copyright and Intellectual Property

• The website, the services and all of the related products of ency Consulting Inc are subject to copyright. The material on the website is protected by copyright under the law. Unless otherwise indicated, all rights (including copyright) in the services and compilation of the website (including but not limited to text, graphics, logos, button icons, video, images, audio clips, website code, scripts, design elements and interactive features) or the services are owned or controlled for these purposes and are reserved by ency or its contributors.
• All trademarks, service marks and trade names are owned, registered and/or licensed by ency, who grants to you non-exclusive, royalty-free, revocable license whilst you are a user to:
• Use the website pursuant to the terms;
• Copy and store the website and the material contained on the website in your device's cache memory; and
• Print pages from the website for your own personal and non-commercial use.
• ency does not grant you any other rights whatsoever in relation to the website or the services. All other rights are expressly reserved by ency.
• ency retains all rights, title, and interest in and to the website and all related services. Nothing you do on or in relation to the website will transfer any:
• Business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
• A right to use or exploit a business name, trading name, domain name, trademark, or software design, features, workflows, system flows or UX/UI designs or
• A thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.
• You may not, without the prior written permission of ency and the permission of any other relevant rights owners: engage in unauthorized access, broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the services or third-party services for any purpose, unless otherwise provided by these terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

10.General Disclaimer

• Nothing in the terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
• All terms, guarantees, warranties, representations, or conditions which are not expressly stated in the terms are excluded; and
• ency will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services or these terms (including as a result of not being able to use the services or the late supply of the services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• Use of the website and the services is at your own risk. Everything on the website and the services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of ency make any express or implied representation or warranty about the services or any products or services (including the products or services of ency) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;
• The accuracy, suitability, or currency of any information on the website, the services, or any of its services related products (including third party material and advertisements on the website);
• Costs incurred as a result of you using the website, the services or any of the products of ency; and
• The services or operation in respect to links which are provided for your convenience.

11.Limitation of Liability

• ency Consulting Inc's total liability arising out of or in connection with the services or these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost to reinstate the services to you or subscription fees paid by you to ency Consulting Inc which ever is lower.
• You expressly understand and agree that ency, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or stored data or business reputation and any other intangible loss.

12.Termination of Contract

• The terms will continue to apply until terminated by either you or by ency as set out below.
• If you want to terminate the terms, you may do so by providing ency with 30 days’ notice of your intention to terminate, that will also give you enough time to download any and all data that you have stored in DriveEZ.
• Notices should be sent in writing to support@driveezpro.ca.
• After completion of notice period followed by termination ency may delete your account on Driveez followed by deleting any and all data you may have stored on DriveEZ.
• ency may at any time, terminate the terms with you if:
• You continue to use DriveEZ without registering and activating registered students.
• If you fail to register and activate registered students for 3 consecutive months.
• You have breached any provision of the terms or intend to breach any provision.
• ency is required to do so by law;
• The provision of the services to you by ency is, in the opinion of ency, no longer commercially viable.
• Subject to local applicable laws, ency reserves the right to discontinue or cancel your subscription or account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the website or the services without notice if you breach any provision of the terms or any applicable law or if your conduct impacts ency Consulting Inc's name or reputation or violates the rights of those of another party.

13.Indemnity

You agree to indemnify ency, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your content;
• Any direct or indirect consequences of you accessing, using, or transacting on the website or attempts to do so; and/or
• Any breach of the Terms.

14.Venue and Jurisdiction

The services offered by ency Consulting Inc is intended to be used by users globally. In the event of any dispute arising out of or in relation to the website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Ontario, Canada.

15.Governing Law

The terms are governed by the laws of Ontario, Canada. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Ontario, Canada without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16.Severance

If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the terms shall remain in force.