Terms of Service

Thank you for choosing Driving-Tests.ca! These Terms of Service (“TOS”) govern the use of Driving-Tests.ca (Driving Tests or “we”) online at driving-tests.ca, including mobile devices.

These TOS represent a binding contract, and by creating an account or other otherwise accessing Driving Tests, you agree to the TOS. The TOS incorporate the provisions of the Privacy Policy, so please review it as well. If you do not agree to be bound by the TOS, you must stop using Driving Tests.

1. Consent to the TOS and Account Registration

The TOS apply to users of Driving Tests as well as individuals whose payment details are used to subscribe to paid Driving Tests accounts (collectively referred to as, “you”).

  1. Registration. Driving Tests provides a personalized content and training experience. When you create an account, we require you to provide limited information about you, including your email address and a password (“Account Information”). We may use your Account Information to send you periodic newsletters and other email communications about customer service, new product offers and other matters. You may choose to opt out of much of this email correspondence; however, we will still send you emails regarding account issues. We do not provide your personal information to third parties for their marketing purposes. Please see our Privacy Policy for further information.

  2. Use of Driving Tests by Minors. Children under 18 or the age of majority in their jurisdiction of residence (“Minors”) may use Driving Tests, but use by such Minors shall only be done with the guidance, supervision, and consent of their parents, guardians, and/or authorized school officials. We rely on parents and guardians to ensure Minors only use Driving Tests if they can understand their rights and responsibilities as stated in the TOS. If you are a parent or guardian and you provide your consent to a Minor’s use of Driving Tests, you agree to be bound by the Minor’s use of Driving Tests and by the TOS.

  3. Account Confidentiality. You agree that you have the responsibility for maintaining the confidentiality and security of your Account Information. You agree to notify us immediately of any unauthorized use of your Account Information.

  4. No Guarantee of Availability of Tests or Questions. As part of our process to continuously improve Driving Tests, we may remove certain tests, questions or features, or enable new tests, questions or features. We reserve the right to make modifications to Driving Tests at our discretion.

2. Intellectual Property

Driving Tests, including, but not limited to, text, graphics, and images (collectively “Content”), is proprietary and protected by Canadian copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. Driving Tests is also protected as a collective work or compilation under Canadian copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in Driving Tests. You agree that, without our prior written consent, you may not download, copy or store Content in any form outside of Driving Tests and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of the Content. You acknowledge that Driving Tests has been developed, compiled, prepared, revised, selected, and arranged by Driving-Tests.ca through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Driving-Tests and such others. You agree to protect the proprietary rights of Driving Tests and all others having rights in Driving Tests during and after the term of this agreement and to comply with all reasonable written requests made by Driving Tests or its suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in Driving Tests. You agree to notify Driving Tests immediately upon becoming aware of any unauthorized access or use of Driving Tests by any individual or entity or of any claim that Driving Tests infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Driving Tests shall, as between you and Driving Tests, at all times be and remain the sole and exclusive property of Driving Tests.

You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with our consent, and you acknowledge that you have no ownership rights in or to any of such items. You agree that all data and algorithms and associated servers are “trade secrets” as defined, without limitation, in the Canada Uniform Trade Secrets Act.

3. Your License to Use Driving Tests

We provide you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal use of Driving Tests, subject to the TOS. This license is available to you as long as you are not barred from Driving Tests by applicable law, or your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Driving Tests. Driving Tests reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

4. Restrictions and Prohibited Uses

Driving Tests is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except as provided in the TOS, you shall not:

  • Attempt to impersonate another person or use as a Driving Tests user name a name subject to any rights of another person without appropriate authorization;
  • Use, share or distribute Driving Tests for your own scientific or clinical research purposes without our prior express written consent;
  • Violate or attempt to violate Driving Tests’ security features, including accessing content not intended for you, logging into a server or account that you are not authorized to access, or probing, scanning, or testing the vulnerability of Driving Tests or associated systems and networks;
  • Re-circulate, distribute, recompile, decompile, disassemble, reverse engineer, store, transmit, publish, copy, download, make or distribute Driving Tests, or any portion thereof, or any derivative work from, including Driving Tests’ source code;
  • Use Driving Tests to affect our ability to realize revenue in connection with Driving Tests or compete with the business of Driving Tests or its affiliates;
  • Scrape, access, monitor, or copy any content or information on Driving Tests by accessing Driving Tests in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of Driving Tests through a browser or mobile device or accessing Driving Tests through any approved API;
  • Violate the restrictions in any robot exclusion headers of Driving Tests, if any, or bypass or circumvent other measures employed to prevent or limit access to Driving Tests;
  • Use Driving Tests in any manner that could harm, take over, disable, overburden, or otherwise impair any of our computer systems;
  • Interfere with any other party’s use and enjoyment of Driving Tests, or any of the content, information, or services provided through Driving Tests;
  • Use Driving Tests, the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Driving Tests or its affiliates, in unsolicited mailings or spam material or to operate contests;
  • Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate;
  • Post or transmit any communications intended to obtain personal information from any other user, including minors;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of Driving Tests or on any materials copied from Driving Tests; or
  • Use Driving Tests to violate any laws, for any illegal purposes or in any manner inconsistent with the provisions of the TOS.

Violating any of these restrictions or engaging in prohibited uses is grounds for immediate termination of your Driving Tests account. It may also subject you to civil or criminal penalties.

5. Payments, Refunds and Renewals

  1. Overview. You may access parts of Driving Tests for free, and other services and products require payment of subscription fees. We offer a few different types of pricing plans, and the specific pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase (e.g., monthly, semi-monthly, quarterly). If you have questions regarding your plan following your purchase, please refer to your Account page and the confirmation email sent to you after your purchase.

    Our subscription plans are billed in one payment for the term. This means, for example, that if you purchase a monthly plan, you will be charged for the full month’s payment each month; if you purchase a semi-monthly or quarterly plan, you will be charged for the entire semi-monthly or quarterly term at one time. Please note that we may use a third-party payment processor to facilitate your payments.

  2. Refund Policy. No refunds will be provided for Driving Tests subscriptions made online at Driving-Tests.ca. Driving Tests reserves the right to provide a refund at our own discretion.

  3. Renewals. Driving Tests subscriptions made online at driving-tests.ca do not renew automatically. If you wish to renew your subscription, you must login into your account on driving-tests.ca and perform the renewal yourself, manually. If you signed up with a promotion, your renewal rate may be higher than your initial rate.

  4. Payment Information. By providing payment information to us, you agree that the payment information is valid and (1) in your name or (2) in the name of an individual who has authorized you to use their payment information for your subscription purchase.

If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request, and if we determine that the payment should be refunded. This may cause interruption to or termination of your Driving Tests service.

6. Your Content and Feedback

Some sections of Driving Tests either now or in the future may allow you to post or submit content and materials for publication on Driving Tests. You are solely responsible for all content and materials that you post or submit to Driving Tests for such purposes (“Your Content”), and acknowledge that once published, Your Content cannot always be withdrawn. When using Driving Tests, you shall not submit, upload, post, or otherwise make available any material that violates the Restrictions contained in Section 4 above.

By uploading Your Content, you are representing that you own Your Content, and that you will indemnify Driving Tests, its subsidiaries, and affiliates for all claims resulting from Your Content.

You assume all risks associated with Your Content, and Driving Tests takes no responsibility and assumes no liability for any content you submit. Driving Tests may, but is not required to, monitor the content on its site using any means to screen, block, filter, edit or remove content. Driving Tests may terminate or suspend users’ accounts or delete, edit or remove content that Driving Tests, in its sole discretion, deems illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable.

For Your Content, you agree that Driving Tests, its subsidiaries, and affiliates have a non-exclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display Your Content throughout the world in any form, media, or technology now known or hereafter developed. You assign Driving Tests the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the TOS, scraped, copied, or distributed content from Driving Tests that has been provided to us by you and for which you have not granted such third parties a separate license to use.

We appreciate when you provide us feedback through customer service, by email or social features, but please be aware that we may use any feedback, comments, or suggestions without any obligations to you.

7. Warranty Disclaimer

YOU AGREE THAT USE OF DRIVING TESTS IS AT YOUR OWN SOLE RISK AND THAT DRIVING TESTS AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIVING TESTS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING DRIVING TESTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT.

DRIVING TESTS MAINTAINS DRIVING-TESTS.CA ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO DRIVING-TESTS.CA. DRIVING-TESTS.CA MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. YOU WILL NOT HOLD DRIVING TESTS RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) DRIVING TESTS, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS, DEVICES, OR DATA. EXCEPT AS PROVIDED IN THESE TOS, YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT, BASED IN PROPERTY OR OTHERWISE, TO ANY DATA CREATED THROUGH OR GENERATED BY YOUR ACCESS TO OR USE OF DRIVING TESTS.

YOU ACKNOWLEDGE THERE IS A RISK OF DATA LOSS, INCLUDING CATASTROPHIC DISK FAILURE WHICH COULD RESULT IN A LOSS OF ALL DATA. YOU AGREE THAT YOU WILL NOT HOLD DRIVING TESTS RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH LOSS.

We strive to make Driving Tests accessible on many web browsers and devices and we may update the technologies that we use for Driving Tests. Because technologies vary widely and rapidly change, we are not able to guarantee that Driving Tests will function on all systems or network services either now or for future versions of Driving Tests. You are responsible for ensuring that your equipment and network function with Driving Tests.

8. Limitation of Liability

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DRIVING TESTS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO DRIVING TESTS FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID YOU TO SUBSCRIBE TO DRIVING TESTS; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF DRIVING TESTS; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. DRIVING TESTS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH DRIVING TESTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DRIVING TESTS AND YOU. YOU UNDERSTAND THAT DRIVING TESTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

9. Liquidated Damages

You agree that it would be difficult to ascertain the exact amount of damages that we would suffer as the result of the theft of Content, especially if stolen Content is exploited for commercial use on a website or any other digital medium. Therefore, you agree that, in the event you steal, copy without authorization, or otherwise misappropriate Content, Driving Tests is entitled to recover from you liquidated damages in the amount of five thousand ($5,000.00) dollars per graphic or image, and twenty thousand ($20,000.00) dollars per exercise, or application that is stolen, copied without authorization, or otherwise misappropriated. You agree that this amount represents a reasonable, minimal, estimate of the damage that Driving Tests would suffer but does not in any way limit actual damages, if so pursued. ANY ACTION BY DRIVING TESTS TO ENFORCE THIS SECTION SHALL NOT BE DEEMED A WAIVER OF OUR RIGHT TO PURSUE, AT OUR SOLE DISCRETION, ANY AND ALL OTHER REMEDIES AVAILABLE TO IT UNDER THIS AGREEMENT OR BY LAW.

10. Irreparable Injury

You agree that any actual or threatened breach of the TOS or infringement of proprietary or other third party rights by you would cause irreparable injury to Driving Tests and would therefore entitle Driving Tests to injunctive relief without any additional showing of irreparable injury or harm.

11. Indemnity

You will indemnify and hold Driving Tests, its parents, subsidiaries, affiliates, officers and/or employees (“Driving Tests Indemnified Parties”), harmless, including by paying costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to Driving Tests, the violation of the TOS by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

12. Using Social Features and Links to Third Party Sites

Driving Tests may enable social features that allow you to communicate with other users or our employees, including some social features provided by third parties. Similarly, we may link to third party sites.

These links and third party social features are provided for your convenience only and we cannot make guarantees about their accuracy, reliability, or privacy. Should you choose to access them, you do so voluntarily and assume all risk. In addition, your use of those sites and features may be subject to the terms and privacy policies of those third parties.

13. Cancelling Your Account

You may cancel your account at any time by accessing the “My Account” link on Driving-Tests.ca or contacting customer service. For information about the availability of refunds, please review our Payment Policy. We reserve the right to limit or terminate your account if we believe you are in violation of the TOS.

14. General

  1. Severability and Waiver. If any part of the TOS is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect and enforceable. A waiver by either party of any term or condition in the TOS or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  2. Governing Law, Jurisdiction and Venue. You agree that the TOS are governed by and construed in accordance with the laws of the province of Ontario without regard to conflict of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and provincial courts located in and serving Toronto, Ontario as the legal forum for any dispute arising out of the TOS and/or or your access to or use of Driving Tests to the extent that such dispute is not precluded as an Arbitral Claim.

  3. Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide notice to you either by email, by posting a notification on Driving-Tests.ca or by posting an updated TOS on Driving-Tests.ca. Please note that, for existing users, unless otherwise provided by applicable law, your continued use of Driving Tests following the effective date means that you agree with, and consent to be bound by, the updated TOS.

  4. Miscellaneous. Both parties agree that the TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS, and that all modifications to the TOS must be in a writing signed by both parties. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by Driving Tests on Driving-Tests.ca, the TOS shall govern, unless otherwise indicated. Section 14 shall survive any termination of the TOS.

Our Terms of Service was last updated on .

Online Driving Tests 2017