Last updated April 15, 2024

Welcome to GrayJays! We’re excited that you’ve chosen to use our products and services, including our apps, driver training, driver’s education course, and website. We put a lot of effort into making your experience great, even down to these words, so we’re really happy you’re reading this.

We’ve put together these Terms of Service (referred to as “Terms” below) to clarify the rules governing our relationship with you. In our effort to foster a strong connection with you, we’ve tried our best to keep these Terms in simple English. However, there’s still some legal language included because these Terms create a legally binding agreement between you and GrayJays. Throughout these Terms, you’ll see terms like “we,” “us,” “our,” “GrayJays,” “GrayJays Driving,” and “GrayJays Driving School,” which all refer to GrayJays Driving school, Inc.: GrayJays Driving School, a company registered in Ontario and licensed by the Ministry to offer driver training in Canada.

In addition to these Terms, you also need to agree to our Privacy approach. We’ve detailed this in our Privacy Notice, which we kindly ask you to read too.

By using the Services, you’re agreeing to these Terms. If you don’t agree with them, then please refrain from using the Services.

One more thing before we proceed – THESE TERMS INCLUDE AN ARBITRATION CLAUSE. This means both you and GrayJays give up the right to go to court or file class actions in most cases. It’s important to read section 12 carefully and ensure you’re comfortable with it.

1. Who can use the Services

Our Services are designed for individuals old enough to legally hold a driver’s license or permit. You must be at least 16 years old to use the Services. If we discover that you’re under 16, we’ll need to deactivate your account, apologies for any inconvenience.

By using the Services, you confirm that:

– You’re capable of entering into a binding contract with GrayJays.

– You’ll follow these Terms and all relevant local, state, national, and international laws and regulations.

If you’re using the Services on behalf of a business or another entity, you affirm that you’re authorized to grant all licenses mentioned in these Terms and to agree to these Terms on behalf of the business or entity.

2. Your Safety

Driving is risky, and our aim is to enhance safety. Using a mobile device while driving is particularly hazardous. Our app includes a feature to log your drive. Start the log before getting in the car and then store your phone in a safe place like the trunk or glovebox where it won’t distract you. Never use the GrayJays app in a way that could divert your attention while driving.

3. Payments and Refunds

If you sign up for a paid product or service, you agree to pay the listed fees.

Our driving lessons are prepaid, meaning you pay for one or more lessons upfront. After payment, your account will be credited with the number of lesson hours included in your package. For example, a single lesson may include 2 hours, or a package of three lessons may include 6 hours. You can use these credits to book lessons anytime within twelve months. Any unused credits expire after 6 months. If they expire, you can repurchase them at a discounted price of $60 for a 2-hour lesson. This discount only applies to expired credits and not to fees like cancellation or change fees. Extra lessons can be bought at full price.

Refunds are available within three (3) months of purchase. If you want a refund, email contact@GrayJaysDrivingSchool.ca. Refund amounts are calculated based on the price paid minus the cost of lessons taken. For example, if you bought a package of three lessons for $550 and took two lessons valued at $200 each, the refund for the third lesson would be $150. Refunds are processed within 1 business day to your original payment method and may take a few days to appear on your credit card.

4. Cancellations and Re-bookings

To ensure a smooth scheduling process for instructors while offering flexibility for students, we’ve established a cancellation and change policy. Here’s how it works:

– Changes or cancellations made at least 48 hours before the lesson start time: Free of charge.

– Changes or cancellations made between 48 hours and 1 hour before the lesson start time: $40 fee.

– Within one hour of the lesson start time, no-shows, or changes/cancellations made after the lesson starts: Full lesson price charged.

This policy aims to strike a balance between instructor efficiency and student flexibility.

5. Changes to the Terms

As our business grows and evolves, we may need to adjust or update parts of these Terms. While we’ll try to notify you of major changes, it’s a good idea to check back periodically for any updates. By continuing to use the Services after changes are made, you agree to the updated Terms. As we introduce new services or features in the future, they will also be governed by these Terms.

6. Termination

We’re committed to enhancing our services continuously, which means we’re always innovating, adding or removing features, and fine-tuning functionalities. This dynamic environment also means we reserve the right to suspend or cease services altogether, and we may not always provide prior notice for such actions.

While we aim for long-term partnerships, we respect your autonomy. You have the freedom to terminate these Terms at any point, for any reason, by simply requesting the deletion of your account.

7. Guarantee, Disclaimer of Warranties

7.1 Disclaimer of Warranties. With respect to the Services, we operate under the principle of “as is,” acknowledging that they are currently undergoing active development. This means there may be occasional errors, bugs, inaccuracies, or other issues, and they may not always be fully functional.

To the maximum extent permitted by applicable law, both we and our suppliers and licensors disclaim all warranties, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither GrayJays nor its suppliers and licensors guarantee flawless performance or uninterrupted access to the Services. By using the Services, you accept these conditions and acknowledge that you do so at your own risk and discretion.

7.2 GrayJays Guarantee. We have full confidence in our instructors and believe you’ll have a fantastic learning experience with us. However, if for any reason you’re not satisfied with your lesson, we’re committed to making it right. Just inform us if the lesson didn’t meet your expectations, and we’ll take the necessary steps to address it.

You have the option to redo your lesson with either the same instructor or a different one, based on your preference. Alternatively, if you prefer, you can receive a refund for the lesson. Please note that this offer applies to the most recent lesson only, so it’s essential to notify us promptly after your lesson if there’s anything we can improve upon.

Your satisfaction is our priority, and we’re dedicated to ensuring you receive the best possible learning experience.

8. Limitation of Liability

Under no circumstances will GrayJays, along with its suppliers or licensors, be liable for any matter covered by these Terms, whether under contract, negligence, or other legal theories, for:

(i) Special, incidental, or consequential damages.

(ii) Costs associated with acquiring substitute products or services.

(iii) Interruption of use or loss or corruption of data; or

(iv) Amounts exceeding the fees paid to GrayJays under these Terms in the twelve-month period preceding the cause of action.

GrayJays assumes no liability for any failure or delay due to circumstances beyond their reasonable control. However, this provision does not apply to the extent prohibited by applicable law.

Your understanding and acceptance of these terms are vital, as they ensure a clear understanding of our mutual responsibilities and obligations.

9. General Representation and Warranty

You affirm and guarantee that (i) your utilization of the Services will strictly adhere to the GrayJays Privacy Notice, these Terms, and all pertinent laws and regulations, including local statutes governing online behavior and content acceptability in your jurisdiction, as well as laws concerning the export of technical data from Canada or your country of residence; (ii) your use of the Services will not violate or appropriate the intellectual property rights of any third party.

Your commitment to these provisions ensures compliance with legal standards and fosters an environment of respect for intellectual property rights and online conduct.

10. Indemnification

By agreeing to these Terms, you consent to indemnify and shield GrayJays, its contractors, licensors, and their respective directors, officers, employees, and agents from any and all claims and expenses, including attorney fees, arising from your utilization of the Services. This includes, but is not limited to, any breach of these Terms.

Your acceptance of this indemnity provision underscores your commitment to take responsibility for any consequences arising from your use of the Services, ensuring mutual respect for our platform and its stakeholders.

11. Choice of Law

Unless otherwise provided by applicable law, these Terms and your access to or use of the Services shall be governed by Ontario law, excluding its conflict of law principles. Any disputes arising from or related to these Terms shall be resolved in the state and federal courts of Ontario.

This provision ensures that legal matters related to your use of the Services are handled within the appropriate jurisdiction, promoting clarity and consistency in dispute resolution.

12. Dispute Resolution and Arbitration

12.1.Generally. To streamline dispute resolution between you and GrayJays, both parties agree to resolve any disputes arising from these Terms through binding arbitration, with exceptions outlined in Section 12.2. Arbitration offers a less formal process than court, utilizing a neutral arbitrator instead of a judge or jury. Discovery may be more limited, and court review is typically restricted. Arbitrators have the authority to award damages and relief similar to a court.

This arbitration agreement covers all claims stemming from these Terms, regardless of legal basis or timing. By agreeing to these Terms, both parties waive the right to a trial by jury or participation in class action lawsuits.

This approach prioritizes efficiency and cost-effectiveness in dispute resolution, ensuring fairness and clarity for all involved parties. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GRAYJAYS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12.2.Exceptions. While Section 12.1 governs dispute resolution, it does not waive, limit, or prevent either party from: (a) pursuing an individual action in small claims court; (b) seeking enforcement through relevant federal, state, or local agencies where available; (c) seeking injunctive relief in court to support arbitration; or (d) filing a lawsuit in court to address intellectual property infringement claims.

This provision ensures that parties maintain specific rights to pursue legal actions under certain circumstances, preserving fairness and upholding essential legal principles.

12.3.No Class Actions. YOU AND GRAYJAYS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GrayJays agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

12.4.Modifications to this Arbitration Provision. In the event GrayJays modifies this arbitration provision, excluding changes to GrayJays’s address for Notice of Arbitration, you have the option to reject the alteration by sending written notice within 30 days to GrayJays’s designated address. Upon rejection, your GrayJays account will be promptly terminated, and the arbitration provision, as it stood before the changes you declined, will remain in effect.

13. Severability

If any portion of these Terms is deemed invalid or unenforceable, it will be interpreted to reflect the original intent of the parties, and the remaining sections will remain fully effective. A waiver by either party of any term or condition, or a breach thereof, will not waive such term or condition for any subsequent breaches. Each instance of waiver will be considered separately.

14. Final Terms

You have the option to assign your rights under these Terms to any party that consents to and agrees to adhere to its terms and conditions. GrayJays retains the right to assign its rights under these Terms without any conditions. These Terms will remain binding and beneficial for the parties, as well as their successors and permitted assigns.

This agreement, along with our Privacy Notice, constitutes the complete understanding between GrayJays and you regarding the subject matter discussed herein. Any modifications to these Terms must be made through a written amendment signed by an authorized executive of GrayJays or by GrayJays posting a revised version.

15. Conclusion

Thank you for reaching the end of these Terms. Your time and attention are greatly appreciated, and we’re grateful for your use of our Services. Our team is dedicated to providing you with the best experience possible.

Should you have any questions or concerns about the information presented here, please don’t hesitate to contact us at contact@GrayJaysDrivingSchool.com. We’re here to assist you in any way we can.

Once again, thank you for choosing GrayJays. We look forward to serving you and ensuring your satisfaction with our Services.

Warm regards,

The GrayJays Team