Terms of Use

1.About these terms

These terms are an agreement between you and Jarod Meijer, a sole trader trading as Ivarlo (ABN 33 159 532 314), of Level 1, 125 St Georges Terrace, Perth WA 6000 ("Ivarlo", "we", "us"). They cover the Ivarlo app, the website at ivarlo.com.au and everything we provide through them.

By creating an account, joining one with a code, or using the app, you agree to these terms and to our Privacy Policy. If you do not agree, please do not use Ivarlo.

Words we use:

• Account: one family's Ivarlo, holding one or more supervisors and one or more learners.
• Supervisor: an adult on the account who sits beside the learner and runs the lessons.
• Learner: the person learning to drive. Each learner has their own course and their own phone.
• Course: the lessons, checkpoints, prep packs and drills for one learner.
• Licence: the right to use the full course for one learner, bought once.

2.Who may use Ivarlo

• Supervisors must be 18 or over and able to enter a binding agreement. The supervisor who sets up the account is responsible for it.
• Learners must be 16 or over. For a learner under 18, the supervisor who sets up the account confirms they are the learner's parent or legal guardian, or have that person's permission, and accepts these terms for the learner. That supervisor is responsible for the learner's use of Ivarlo.
• Another supervisor who joins with a code accepts these terms when they join.
• Ivarlo's course is written for Western Australia. You can use it elsewhere, but its lessons follow Western Australian road rules and licensing.

3.What Ivarlo is, and what it is not

Ivarlo is a coaching app for supervising drivers. It gives you a lesson plan, the words to say in the car, prep for both of you, and a record of the hours you drive.

Ivarlo is not:

• a driving school, or a licensed driving instructor;
• a replacement for a qualified instructor, or a promise that a learner will pass;
• legal, medical or insurance advice;
• able to see what the car is doing. It knows only what is tapped on the phone.

Ivarlo does not save lives, guarantee a pass, or replace a qualified instructor.

Ivarlo's drive log is a record for your family. Keep any log book Transport WA requires, in the form it requires, and do not rely on Ivarlo's log as a substitute unless Transport WA says you can.

4.Your responsibilities in the car

The supervisor and the learner are responsible for every drive. Ivarlo is not in the car. Before and during each lesson, you agree that:

1. The supervisor meets every requirement Transport WA sets for a supervising driver, including the alcohol limit and any rule on phone use.
2. The learner holds a valid learner's permit, displays L-plates and follows the conditions of the permit.
3. The car is registered, roadworthy and insured for the learner to drive.
4. You choose where and when to practise, and only somewhere safe and lawful. A private car park needs its owner's permission.
5. The learner never uses Ivarlo while driving. Their phone is put away for the lesson.
6. The supervisor glances at the app only when it is safe to, and stops the car somewhere safe before reading anything longer.
7. Road rules, police directions, signs and the conditions in front of you always come before anything the app says.
8. You stop a lesson whenever either of you feels unsafe, tired or upset. Ivarlo will never count that against the learner.
9. Ivarlo's instructions are general. If one does not suit your car, the conditions or the learner on the day, do not follow it.

Both of you must be fit to drive or supervise on the day: not affected by alcohol, drugs, medication, illness or tiredness.

5.Road rules and the law come first

Transport WA's Drive Safe handbook and the law are the authority on road rules and licensing, not Ivarlo. Our lessons cite Drive Safe where they teach a rule, but the handbook and the law can change after we write a lesson, and an app cannot know when they have.

If anything in Ivarlo differs from the law or from the current Drive Safe, the law and the handbook are right. Check transport.wa.gov.au before relying on any rule, number or requirement.

Hours. Ivarlo shows three figures and keeps them apart:

A learner aged 25 or over has no logged-hours requirement in Western Australia. Anything Ivarlo marks as still to be confirmed with Transport WA is not settled, and you should check it yourself.

6.Your account

• Signing in. You sign in with a code we email to you. You can also set a password and turn on two-step sign-in in Settings.
• One person, one sign-in. Each supervisor and each learner signs in as themselves. Do not share a sign-in.
• Keep it accurate. Give us a real email address you can reach, and keep the learner's details (car, age band) up to date, because the course depends on them.
• Keep it secure. You are responsible for what happens under your sign-in. Tell us straight away at hello@ivarlo.com.au if you think someone else has used it.
• Invite codes. Only a supervisor can create one. A code is for the one person it was made for; give it to nobody else. A learner code joins one learner's phone to that learner's course.
• Removing people. A supervisor can remove a learner or another supervisor. The last supervisor cannot be removed, because an account needs one. Hours a removed supervisor supervised stay in the learner's log under their name.
• Deleting the account. A supervisor can delete the whole account in Settings. It removes every person and every learner's course from our servers and cannot be undone. Section 9 explains what happens to the licence and resit cover.

7.Price and payment

Free to start. Every learner gets the first two courses of the first track free, from the cockpit drill to moving off and stopping. A learner who starts further along also gets the first course of the track they start in free. The Kitchen Table drills are free for everyone. The app marks what is free.

One-off prices, in Australian dollars, including GST:

There is no subscription and nothing else to buy. The price shown in the App Store or Google Play when you buy is the price you pay. We may change prices for future purchases; a change never affects one you have already made.

How you pay. You buy through the App Store or Google Play, under their terms. We use RevenueCat to record the purchase so it unlocks the course on every phone on the account. We never see your card details.

8.Refunds and your consumer rights

Apple and Google process refunds of in-app purchases under their own policies, and Ivarlo cannot refund a store purchase directly. To ask for one, use reportaproblem.apple.com or Google Play's order history.

Ivarlo comes with guarantees under the Australian Consumer Law that cannot be excluded. Nothing in these terms limits them. If Ivarlo fails one of those guarantees, contact us and we will help you get the remedy the law gives you, through Apple or Google or directly from us.

9.What a licence covers

• A licence gives one learner the full course, on every phone on the account, for as long as we offer Ivarlo (section 16).
• It belongs to the learner it was bought for. It cannot be moved to another learner, sold or shared outside the account. If that learner is removed from the account, their licence and resit cover end with them.
• Restore it from Settings after a reinstall or on a new phone; it is held by the account, not the phone.
• Deleting the account ends every licence and resit cover on it, and they cannot be restored. Subject to your rights under the Australian Consumer Law, deleting an account does not entitle you to a refund.

Revs, stamps and badges mark progress. They have no money value and cannot be exchanged, sold or transferred.

10.Resit cover

The promise. If a learner finishes the course and does not pass the first Practical Driving Assessment (PDA) they sit afterwards, Ivarlo pays the fee for their resit. We pay Transport WA's resit fee (currently A$120.50) or the amount actually paid, whichever is less.

This is not a pass guarantee. It pays one resit fee. It does not promise that anyone will pass.

All of these must be true:

1. A licence was bought for that learner.
2. The learner finished every lesson and every checkpoint from where they started, through to the Test Day Briefing.
3. The drive log shows 80 supervised hours, including 10 at night, with at least 20 of them driven in the app. Hours entered when you set up the account count towards the 80 but not the 20. This applies to learners 25 and over too: it is Ivarlo's condition, not the law's. Only time with the learner driving counts: time logged for a parked or planning stop, or for a drive the supervisor drove, does not.
4. The assessment was the first one the learner sat after finishing the course, and they did not pass it.
5. A supervisor on the account makes the claim, in the app or by emailing hello@ivarlo.com.au, within 90 days of the failed assessment, with proof of that result, the receipt for the resit fee, the resit booking reference, and an Australian PayID or bank account for the payment.

Limits. One claim per learner, ever. Cover cannot be moved to another learner or person. It pays the PDA resit fee only: not the hazard perception test, the theory test, lessons, car hire, travel or any other cost.

How we check a claim. A person at Ivarlo reads every claim and the documents with it. We may ask for more information. We may decline a claim if:

• the drive log shows lessons done faster than they could be driven, such as many lessons in one sitting, drives of a few minutes, or whole tracks finished in days;
• the documents do not match the claim; or
• information in the claim or the log is false.

If we decline, we will tell you why, and you can ask us to look again.

Payment. We pay an approved claim within 14 days to the account you give us, and delete those bank details as soon as it is paid. If the account is deleted before a claim is paid, the claim is withdrawn.

Resit cover is in addition to your rights under the Australian Consumer Law, and does not replace them.

11.Using Ivarlo fairly

You agree not to:

• record drives that did not happen, or record them differently from how they happened;
• share a sign-in or an invite code with anyone it was not made for;
• copy, publish, sell or share Ivarlo's lessons, scripts, prep packs or drills outside your family;
• try to reach another account's information, get around a purchase, or interfere with the app or our servers;
• copy, decompile or reverse engineer the app, except where the law allows it; or
• upload documents that are not genuine, not yours to share, or unlawful.

12.Who owns what

• Ours. Ivarlo owns the app, its course content, its design, the name Ivarlo and the characters Elle and Hattie. We give you a personal, non-exclusive, non-transferable licence to use the app for your family's learning while these terms apply.
• Transport WA's. Drive Safe and Transport WA's materials belong to the State of Western Australia. Ivarlo links to them and cites them; it does not reproduce them.
• Yours. What you put into Ivarlo (names, drive records, uploads) stays yours. You let us store and use it to provide Ivarlo, as our Privacy Policy describes.
• Your ideas. If you send us suggestions, we may use them without owing you anything.

13.Apple, Google and other services

If you got Ivarlo from the App Store:

1. These terms are between you and Ivarlo, not Apple. Ivarlo, not Apple, is responsible for the app and its content.
2. Your licence lets you use Ivarlo on Apple devices you own or control, as the App Store's Usage Rules allow, including through Family Sharing.
3. Apple has no obligation to provide support or maintenance for Ivarlo.
4. If Ivarlo fails a warranty that applies to it, you can tell Apple, and Apple will refund the purchase price. To the extent the law allows, Apple has no other warranty obligation for Ivarlo.
5. Ivarlo, not Apple, is responsible for any claim about the app, including product liability, failure to meet a legal or regulatory requirement, and consumer protection or privacy claims.
6. If anyone claims the app infringes their intellectual property, Ivarlo, not Apple, is responsible for dealing with it.
7. You confirm you are not in a country subject to a United States Government embargo and are not on a United States Government list of prohibited or restricted parties.
8. You must also follow any third-party terms that apply when you use Ivarlo, such as your mobile carrier's.
9. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

If you got Ivarlo from Google Play, Google Play's terms also apply to your purchase, and Google is not responsible for Ivarlo.

Other services. Ivarlo links to Transport WA and other websites. We do not run them and are not responsible for what they say or do. Ivarlo also relies on services run by others, such as hosting, email and notifications; we choose them with care, but cannot promise they will never fail.

14.Liability

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

Subject to that, and to the extent the law allows, Ivarlo is not liable for loss or damage that arises because:

• the supervisor, the learner or anyone else did not follow the law, Transport WA's requirements, or section 4;
• of how the car was driven, the condition of the car, or the road, traffic or weather on the day;
• of the result of any test or assessment, or any fine, penalty or insurance outcome; or
• of a failure of a service we do not control, such as the internet, a phone, an app store or Transport WA's systems.

We are also not liable for loss that was not reasonably foreseeable when you started using Ivarlo. Where our liability can be limited, it is limited to the amount you paid Ivarlo in the 12 months before the claim arose.

15.Suspending or ending an account

• You can stop using Ivarlo at any time, and a supervisor can delete the account in Settings.
• We may suspend or close an account, or a person's access to one, if they seriously or repeatedly break these terms, for example by recording false drives, making a false claim, or trying to reach another family's information. Unless the breach is serious or the law prevents it, we will tell you first and give you a chance to fix it.

16.Changes to Ivarlo

We improve lessons and features over time, and you may need to update the app to keep using it. We will not take away the course a licence was bought for.

If we ever stop offering Ivarlo, we will give at least 90 days' notice in the app and by email, keep the download of your logbook available until the end, and pay any resit cover claim that meets section 10 for a failed assessment sat before the end date.

17.Changes to these terms

We may update these terms when Ivarlo or the law changes. For a change that matters to you, we will tell you in the app or by email at least 30 days before it takes effect. A change will not reduce what a licence you have already bought includes, or the resit cover that came with it. If you do not accept a change, you can stop using Ivarlo and delete the account before it takes effect.

18.If you have a problem

Email hello@ivarlo.com.au first. We will acknowledge it within 7 days and try to resolve it within 30. If we cannot agree, you can contact Consumer Protection WA (consumerprotection.wa.gov.au), or take any other step the law allows.

19.Governing law

These terms are governed by the law of Western Australia. You and Ivarlo submit to the courts of Western Australia, and the courts that can hear appeals from them.

20.General

• If part of these terms cannot be enforced, the rest still applies.
• If we do not enforce a term straight away, we can still enforce it later.
• You cannot transfer your rights under these terms.
• Moving to a company. We intend to move Ivarlo to a company, Ivarlo Pty Ltd. When we do, this agreement, every licence and every resit cover passes to that company on the same terms, and we will tell you. You agree to that transfer now. We may also transfer our rights to a buyer of the Ivarlo business, who must honour them.
• These terms, the Privacy Policy and anything we tell you in the app at the time of purchase are the whole agreement about Ivarlo.

21.Contact

Ivarlo (Jarod Meijer, sole trader, ABN 33 159 532 314)
Level 1, 125 St Georges Terrace, Perth WA 6000, Australia
hello@ivarlo.com.au