These Terms and Conditions govern the use of the Kimberley Driving School website and all services offered by Kimberley Driving School, including but not limited to learners licence preparation, learner booking services, theory training, practical video training, simulator training, Code 8 driving lessons, Code 10 driving lessons, Code 14 training where offered, combo courses, driver-only courses, booking support, transport arrangements and related services.
By using this website, submitting an enquiry, making a booking, registering for a course, paying any amount to Kimberley Driving School, attending lessons, or accepting any quote, invoice, booking confirmation or service from Kimberley Driving School, you agree to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, you must not use the website or book or use any Kimberley Driving School services.
Business Name: Kimberley Driving School
Trading Name: KDS
Physical Address: 14 Long Street, New Park, Kimberley, 8301
Email: info@kbydriving.co.za
Phone / WhatsApp: +27 61 868 3072
Office Hours: 8am – 5pm Mon – Fri
Website: kbydriving.co.za
If any of the above details change, the updated details published on the website or provided directly by Kimberley Driving School will apply.
In these Terms and Conditions, unless the context indicates otherwise:
“Applicant”, “Client”, “Student” or “You” means any person who uses the website, makes an enquiry, registers for a service, pays for a course, or attends training through Kimberley Driving School.
“KDS”, “Kimberley Driving School”, “we”, “us” or “our” means Kimberley Driving School.
“Course” means any training package, lesson bundle, learner service, combo course, driver-only course, theory programme, simulator programme, practical video training, or other service offered by KDS.
“Book Test Learners Service” means the specific learners-related service package that includes learners appointment and related assistance as advertised or quoted by KDS.
“DLTC” means the applicable Driving Licence Testing Centre or any licensing or testing authority involved in learners or driver testing.
“Out-of-bundle rate” means the standard lesson rate applied by KDS for lessons not covered by a valid package or for deductions from cancelled packages.
“Competent person” includes a parent or legal guardian where the applicant is under 18 years of age.
Kimberley Driving School provides structured driver education and related support services. These services may include:
KDS provides training, guidance and support, but does not guarantee that any applicant will pass a learners test or driver’s test on a first or any later attempt. Test outcomes depend on the applicant’s preparation, commitment, performance, compliance, attitude, competence, licensing authority requirements, testing conditions and other factors outside KDS’s control.
A booking or registration is considered confirmed once KDS has accepted the booking and any required payment, deposit, documents or confirmations have been received.
KDS may refuse, postpone or cancel a booking where:
If the applicant is under the age of 18, a parent, guardian or other competent person must consent to the booking, supply any required information, and where applicable sign any required forms or confirmations on the applicant’s behalf.
KDS may refuse to proceed with a booking for a minor until the necessary consent has been obtained.
The applicant warrants that all information provided to KDS is true, complete and accurate, including:
The applicant must immediately notify KDS if any contact details or personal details change. If KDS is unable to contact the applicant because outdated or incorrect information was supplied, KDS will not be responsible for resulting delays, missed appointments, lost bookings or course expiry.
It is the applicant’s responsibility to ensure that the correct code, service and course have been selected according to the applicant’s needs.
KDS may provide guidance, but the final responsibility for selecting the appropriate course remains with the applicant or the competent person acting for that applicant.
The applicant’s attitude, commitment, preparation and participation materially affect training progress and results.
All prices, package inclusions and service fees are as quoted, invoiced, advertised or otherwise confirmed by KDS from time to time.
Fees may include, depending on the package selected:
Official government, municipal, licensing, testing or card issue fees are not always included and may remain payable directly by the applicant unless KDS expressly states otherwise for a particular package.
KDS may update prices and fee structures from time to time, but no price update will affect a confirmed booking already accepted by KDS, unless the change relates to a third-party fee imposed by a testing station, municipality or similar authority.
All payments must be made in the method and by the due date specified by KDS.
Proof of payment must be sent to the contact details designated by KDS for payment allocation.
No booking, appointment, course activation, transport arrangement or service will be treated as fully confirmed until payment has been properly received and allocated.
Where a course is paid by monthly instalments:
Where a course terminates due to non-payment, KDS reserves the right to suspend services, cancel future bookings, and refuse further scheduling until the account has been regularised.
Proof of payment must be sent to the payment allocation contact details provided by KDS. KDS is not responsible for delays caused by missing, late, unclear or misdirected proof of payment.
If the payment reference is incorrect, incomplete or not traceable, KDS may delay allocating the payment until the issue has been resolved.
Unless expressly stated otherwise in writing, standard KDS courses are valid for a maximum period of 6 months from the date of registration or activation.
If a standard course is inactive for more than 6 months, it may automatically expire without further notice, and any unused amounts, hours or benefits may be forfeited, subject always to applicable law.
The Book Test Learners Service is valid for a maximum period of 3 months from the date of registration.
If this service remains incomplete or inactive beyond 3 months, it may expire and monies paid may be forfeited, subject always to applicable law.
No extension is automatic. Any extension, deferment or reactivation is at KDS’s discretion and may be subject to additional fees, updated pricing, re-assessment, or the applicant meeting current operational requirements.
Refund requests are handled by KDS. Refunds are not automatic and will be considered in light of:
KDS may permit the transfer of ownership of a course from one applicant to another if the original applicant is unable to complete the course, including where the applicant relocates, provided:
If a standard course is cancelled:
If the Book Test Learners Service is cancelled:
KDS may refuse a full refund where:
Nothing in this clause excludes any consumer rights that cannot lawfully be excluded under South African law.
Where a package includes a learners appointment, transport or related support:
If an applicant misses learner transport, misses the learner appointment, or fails the learner test in circumstances covered by the package rules, a rebooking or new transport fee may apply before another booking is made.
Where municipal or official fees are included in a package, this will be communicated by KDS. Where they are not included, the applicant remains responsible for those fees.
Unless specifically stated otherwise in writing or in a company quote:
The applicant must ensure that all official bookings, fees, documents and related requirements are correctly attended to before test day.
KDS uses a structured curriculum and may require students to complete preparatory components before progressing to practical stages.
Depending on the course selected, the following may be compulsory:
Video lessons may be compulsory and unlimited for certain driver’s courses. Theory classes may be compulsory before any practical lesson takes place.
KDS may refuse to allow the applicant to continue to the next stage until the relevant compulsory component has been completed and passed.
For applicable services:
Applicants must study and prepare for learners tests and driver tests themselves. KDS provides support, but self-study and preparation remain the applicant’s responsibility.
Lesson dates and times are subject to instructor availability, vehicle availability, operational requirements, maintenance requirements, testing schedules and safety considerations.
Applicants must double-check and confirm each scheduled lesson with their instructor or with the KDS office at least 48 hours before the lesson takes place, as schedules may change for logistical reasons.
Applicants must report at least 20 minutes before the scheduled lesson or appointment time, unless KDS instructs otherwise.
Late arrival may shorten the lesson or result in forfeiture, depending on scheduling pressures and operational practicality.
Where required, the applicant must have the original learner’s licence with them for each lesson. No learner’s licence, no lesson. In such cases the scheduled lesson may be forfeited.
If an applicant needs to cancel a driving lesson, the cancellation must be made at least 48 hours in advance.
Cancellation notice must be sent both:
If proper notice is not given, the lesson may be forfeited.
No lesson will be postponed indefinitely. Any postponement remains subject to availability, operational practicality and KDS approval.
KDS may use combined, mimic, observation-based and practical training methods for training effectiveness and safety.
All beginner lessons may start on the car unless KDS decides otherwise for safety or training reasons.
For Code 10 beginners, KDS may structure training between car and truck in proportions determined by the learner’s progress, safety, assessment performance and readiness.
Truck lessons may not proceed until:
For Code 14 training, KDS may require the applicant to complete a Code 10 lesson first in order to assess competency.
KDS may prescribe minimum lesson requirements for certain codes before test readiness is considered.
For safety reasons, every applicant must be signed off by the instructor as:
before KDS will support progression to testing or certain higher-risk training phases.
The driver’s assessment and client training checklist must be completed and signed off where applicable.
If the applicant is not ready, KDS may require additional lessons, further preparation, more theory work, more simulator practice, more observation work, or another readiness assessment before testing.
Unless KDS instructs otherwise:
The applicant must arrive at the correct meeting point and at the required time.
All KDS staff, owners, instructors, officials and related personnel must be treated with respect.
The applicant must behave respectfully, lawfully and responsibly at all times during:
Abusive, threatening, aggressive, disrespectful, intoxicated or unsafe behaviour may result in refusal of service, removal from the lesson, suspension of training or termination of the package without refund, subject to applicable law.
No alcohol or drugs may be used before or during any lesson, test support, simulator session, theory session or related KDS activity.
KDS may refuse to proceed with training if an applicant appears intoxicated, impaired, medically unfit, dangerously fatigued or otherwise unsafe to train.
Applicants must wear suitable, safe and respectful clothing for all training sessions.
Thin-soled shoes and sneaker-type shoes are required unless KDS approves an alternative.
The following are not allowed during training unless expressly approved:
The applicant is responsible for:
Applicants may be required to obtain and use the K53 training manual, app, printed material, electronic material, WhatsApp material or other study tools designated by KDS.
ID photos, eye tests and related preparation items may be required before certain appointments are booked or attended.
KDS may assist with these items or direct the applicant to an optometrist or other provider, but the applicant remains responsible for ensuring that all required documents and requirements are completed correctly and on time.
Any cost of damage caused to a vehicle, simulator, equipment or property due to negligent, reckless, unlawful or deliberate conduct by the applicant may be recovered from the applicant or, where applicable, the competent person responsible for that applicant.
KDS retains the right to assess the circumstances and determine whether the damage arose from negligent conduct.
Nothing in this clause limits any rights the applicant may have under applicable law.
KDS may reschedule lessons, instructors, vehicles, appointments or training sequences where reasonably necessary because of:
KDS will try to notify applicants as soon as reasonably possible of any new date, time, location or arrangement.
If an applicant is not satisfied with the quality of service, training or support received, the applicant must notify KDS immediately.
KDS cannot properly investigate or address an issue if it is not brought to KDS’s attention within a reasonable time.
Complaints should be raised with the KDS office or the owners designated by KDS.
KDS values constructive recommendations and service feedback and may use such feedback to improve operations.
KDS may collect, store, use and process personal information necessary to:
KDS undertakes to handle personal information in accordance with its Privacy Policy and applicable law.
The applicant must read the KDS Privacy Policy, which forms part of the website’s legal framework.
Applicants must ensure that KDS can communicate with them on the main communication platforms designated by KDS, including WhatsApp where applicable.
KDS may use phone calls, WhatsApp, email, SMS or website forms for operational communication, including:
KDS is not responsible for missed communications caused by blocked numbers, unreachable devices, disabled WhatsApp access, full inboxes, or incorrect contact details supplied by the applicant.
Where the applicant has consented, KDS may use photographs or related visual material of the applicant for lawful marketing and promotional purposes.
If the applicant is under 18, such consent must be given by a competent person.
Consent for marketing use may be withdrawn for future use by notifying KDS in writing, but withdrawal will not affect uses already lawfully made before the withdrawal request was received.
By using the KDS website, the user agrees:
KDS makes reasonable efforts to keep website content accurate and current, but does not warrant that the website will always be error-free, uninterrupted, current or suitable for every user’s circumstances.
The website may contain links to third-party websites or services. KDS does not control and is not responsible for the content, availability, policies or practices of third-party websites.
Use of third-party sites is at the user’s own risk.
All website content, branding, text, layout, graphics, logos, images, training material, manuals, videos, course structures and related intellectual property remain the property of KDS or its licensors unless otherwise stated.
No person may copy, reproduce, republish, distribute, adapt, sell or commercially exploit KDS content without prior written consent, except where such use is expressly allowed by law.
By using the website or communicating electronically with KDS, you consent to receiving communications electronically, including by email, website notice, messaging platform or other digital means.
A communication sent to KDS will only be regarded as received when KDS has had a reasonable opportunity to access it and, where necessary, has acknowledged receipt or acted on it.
If you do not receive a reply within a reasonable time, you must follow up.
To the fullest extent permitted by law:
However, nothing in these Terms and Conditions excludes or limits any liability that cannot lawfully be excluded or limited under South African law.
The applicant agrees to indemnify and hold harmless KDS, its owners, instructors, employees and agents against claims, losses, damages and costs arising from:
except to the extent that such claim or loss arises from the unlawful conduct or gross negligence of KDS or any liability that may not be excluded by law.
KDS will not be in breach of these Terms and Conditions if it cannot perform or is delayed in performing because of events beyond its reasonable control, including:
In such cases, KDS may postpone, suspend, reschedule or adapt services as reasonably necessary.
KDS may amend these Terms and Conditions from time to time.
The updated version published on the website will apply from the effective date shown on that version, unless a different date is stated.
It is the user’s responsibility to check the Terms and Conditions from time to time.
These Terms and Conditions are governed by the laws of the Republic of South Africa.
Any dispute arising from these Terms and Conditions or the use of KDS services will be subject to the jurisdiction of the courts of South Africa, subject to any rights the consumer may have under applicable law.
If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision will be treated as severable and the remaining provisions will continue in full force and effect.
These Terms and Conditions, together with any accepted quote, invoice, booking confirmation, course schedule, Privacy Policy, Refund Policy and any written service-specific terms issued by KDS, form the entire agreement between KDS and the applicant in relation to the relevant website use or service.
If there is a conflict between these Terms and Conditions and a written, signed, service-specific agreement issued by KDS for a particular package, the service-specific agreement will apply to the extent of that conflict.
For all enquiries, scheduling issues, service concerns, complaints, payment queries or legal notices, please contact:
Kimberley Driving School
Phone / WhatsApp: [Insert final number]
Email: [Insert final email]
Address: [Insert final address]
This schedule records operational items presently reflected in KDS’s source agreements and may be updated from time to time by KDS, subject to applicable law and any confirmed quote.
Important Notice:
All fees and prices displayed are for general information purposes only and may change at any time without prior notice. While Kimberley Driving School endeavours to keep all pricing on the website accurate and up to date, the website may not always reflect the most current fees. Prices may vary, increase, or be adjusted from time to time. Kimberley Driving School will not be held liable for any reliance placed on outdated or incorrect pricing displayed on the website. Clients are encouraged to confirm all current fees directly with Kimberley Driving School before making any booking or payment.
