Terms and Conditions

1.1 These Terms and Conditions ("Terms") govern your use of the DrivingTestSwap platform ("Service", "Platform", "Website") operated by DrivingTestSwap ("we", "us", "our", "Company").

1.2 By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not use our Service.

1.3 We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

1.4 You must be at least 17 years old and eligible to book a driving test in the UK to use this Service.

2.1 What We Provide: DrivingTestSwap is a matching platform that connects UK driving test candidates who wish to exchange their booked test appointments through the Driver and Vehicle Standards Agency (DVSA) official change of appointment system.

2.2 What We Do NOT Provide:

• We do NOT book, change, or cancel driving tests on your behalf
• We do NOT have direct access to DVSA systems
• We do NOT guarantee you will find a match
• We do NOT guarantee DVSA will approve any swap
• We are NOT affiliated with, endorsed by, or connected to DVSA

2.3 Subscription Service: You are paying for access to our matching algorithm and platform features for a specified period. Your subscription fee covers:

• Access to our automated matching system
• Storage and comparison of your test preferences
• Notification services (email and/or SMS based on tier)
• Platform maintenance and support
• Attempted matching based on your subscription tier frequency (Starter: every 6 hours, Plus: every 2 hours, Pro: every 30 minutes)

2.4 No Guarantee of Match: Payment does NOT guarantee you will find a compatible match. We provide the service of attempting to match you with compatible users, but successful matching depends on:

• Availability of compatible users on the platform
• Geographic proximity and test centre overlap
• Date and time compatibility
• Both parties accepting the match within 48 hours
• DVSA approval of the swap (outside our control)

3.1 Official DVSA Change Process: All test appointment changes MUST be made through DVSA's official channels. DrivingTestSwap facilitates introductions only.

3.2 Your Responsibility: YOU are solely responsible for:

• Verifying your match partner's details are accurate
• Contacting DVSA (0300 200 1122) to request the appointment swap
• Following DVSA's instructions exactly
• Ensuring both parties call DVSA within agreed timeframes
• Confirming the swap has been approved by DVSA
• Paying any fees DVSA may charge for the swap

3.3 DVSA Approval: DVSA reserves the right to refuse any swap request. We have no control over DVSA decisions and are not liable if DVSA refuses a swap.

3.4 Booking Reference Accuracy: You warrant that all information provided (booking reference, test date, test centre) is accurate and current. Providing false information is grounds for immediate account termination without refund.

4.1 Subscription Tiers:

• Starter (£12): 1 desired test centre, matching every 6 hours, email notifications, 7-day match attempt guarantee
• Plus (£24): 3 desired test centres, matching every 2 hours, email + SMS notifications, 48-hour match attempt guarantee
• Pro (£39): 5 desired test centres, matching every 30 minutes, email + SMS notifications, 24-hour match attempt guarantee

4.2 "Match Guarantee" Clarification: The "match guarantee" refers to the timeframe within which we will ATTEMPT to find you matches. It does NOT guarantee you will receive a match. If no match is found within the guarantee period, you may request a refund as per section 4.5.

4.3 Payment Processing: Payments are processed securely through Stripe or GoCardless. By subscribing, you authorize recurring charges until cancellation.

4.4 Subscription Period: Subscriptions are monthly and renew automatically unless cancelled. You may cancel at any time, but no pro-rata refunds are given for partial months.

4.5 Refund Policy:

• No Match Within Guarantee Period: If you do not receive ANY match within your tier's guarantee period, you may request a full refund within 7 days of the guarantee expiry. Contact support through our internal messaging system with your account details.
• Match Found But Declined: If you receive a match but decline it, or if your match partner declines, you are NOT eligible for a refund. We have fulfilled our service by finding a potential match.
• Match Accepted But DVSA Refuses: If both parties accept a match but DVSA refuses the swap, you are NOT eligible for a refund. DVSA decisions are outside our control.
• Completed Swap: Once you have successfully completed a swap through DVSA and marked it as complete on our platform, NO refunds are available under any circumstances.
• Technical Issues: If our platform experiences extended downtime (more than 48 consecutive hours) preventing matching, affected users may receive pro-rata credits.
• Cancellation: You may cancel your subscription at any time through your account settings or Stripe/GoCardless customer portal. Cancellation takes effect at the end of the current billing period.

4.6 Price Changes: We reserve the right to change subscription prices with 30 days' notice to existing subscribers. Price changes do not affect current billing periods.

4.7 Failed Payments: If payment fails, your account will be suspended after 7 days. You will lose access to active matches and the platform until payment is resolved.

5.1 Accurate Information: You must provide accurate, current, and complete information. False information is grounds for immediate termination.

5.2 One Active Test Per Account: You may only have ONE active test listing at a time. Multiple listings for the same test or creating multiple accounts is prohibited.

5.3 Match Acceptance: If you accept a match, you commit to:

• Contacting DVSA within 48 hours
• Being available for your match partner to contact you
• Following through with the swap process in good faith
• Updating the match status accurately on our platform

5.4 Prohibited Conduct:

• Accepting a match with no intention to complete the swap
• Sharing match partner information outside the swap purpose
• Harassing, threatening, or abusing other users
• Attempting to circumvent the platform (e.g., arranging swaps outside DrivingTestSwap)
• Using the platform for any illegal purpose
• Attempting to scrape, hack, or reverse engineer the platform
• Creating fake accounts or using bots
• Selling or transferring your account to others

5.5 Account Security: You are responsible for maintaining the confidentiality of your account credentials. Any activity under your account is your responsibility.

6.1 Service "AS IS": The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

6.2 No Liability for Third-Party Actions: We are NOT liable for:

• DVSA refusing a swap request
• DVSA system downtime or errors
• Match partners failing to complete swaps
• Match partners providing false information
• Match partners' conduct or communications
• Loss of test fees if a swap fails
• Inability to take a test due to failed swap

6.3 Maximum Liability: Our total liability to you for any claims arising from use of the Service is limited to the amount you paid for your subscription in the 12 months preceding the claim. This includes claims for:

• Service interruptions or errors
• Data loss or corruption
• Missed matches due to technical issues
• Any indirect, consequential, or incidental damages

6.4 No Liability for Consequential Damages: We are NOT liable for any indirect damages including but not limited to:

• Loss of earnings due to delayed test
• Additional driving lesson costs
• Travel costs for test centres
• Emotional distress
• Lost opportunities

6.5 UK Law Statutory Rights: Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded under UK law.

6.6 Platform Downtime: We strive for 99% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be notified in advance where possible.

7.1 Platform Ownership: All content, features, and functionality of the Service (including but not limited to text, graphics, logos, icons, images, audio clips, software, and matching algorithms) are owned by DrivingTestSwap and protected by UK and international copyright, trademark, and other intellectual property laws.

7.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial use only.

7.3 Restrictions: You may NOT:

• Copy, modify, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Use the Service to build a competing product
• Remove copyright or proprietary notices

8.1 Privacy Policy: Our collection, use, and protection of your personal data is governed by our Privacy Policy, which forms part of these Terms.

8.2 UK GDPR Compliance: We comply with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.

8.3 Data Sharing: When you accept a match, you consent to us sharing your contact details (name, email, phone if applicable) with your match partner for the sole purpose of completing the DVSA swap.

8.4 Data Retention: We retain your data as outlined in our Privacy Policy. You may request data deletion subject to legal retention requirements.

9.1 Your Right to Terminate: You may terminate your account at any time by cancelling your subscription and requesting account deletion.

9.2 Our Right to Terminate: We may suspend or terminate your account immediately without refund if you:

• Breach these Terms
• Provide false information
• Engage in prohibited conduct
• Fail to pay subscription fees
• Abuse or harass other users or staff
• Use the Service for illegal purposes

9.3 Effect of Termination: Upon termination:

• Access to the Service is immediately revoked
• Active matches may be cancelled
• No refunds are provided except as required by law
• Your data will be handled according to our Privacy Policy

10.1 Electronic Communications: By using the Service, you consent to receive electronic communications from us, including emails and (for Plus/Pro tiers) SMS messages.

10.2 Service Notifications: We will send you notifications about matches, account status, and important service updates. These cannot be opted out of while you have an active subscription.

10.3 Marketing Communications: We may send promotional emails. You can opt out of these at any time via the unsubscribe link.

10.4 SMS Charges: Standard SMS rates may apply. We do not charge for SMS notifications, but your mobile carrier may.

11.1 Governing Law: These Terms are governed by the laws of England and Wales.

11.2 Jurisdiction: Any disputes arising from these Terms or use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11.3 Informal Resolution: Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting our support team through our internal messaging system (accessible via your dashboard).

11.4 Alternative Dispute Resolution: If you are a consumer, you may also have the right to refer disputes to alternative dispute resolution providers.

12.1 Consumer Contracts Regulations: If you are a consumer (not purchasing for business purposes), you have certain rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

12.2 14-Day Cooling Off Period: You have the right to cancel your subscription within 14 days of purchase for a full refund, UNLESS:

• You have created an active listing and begun using the Service
• You have received and accepted a match
• You expressly requested the Service begin immediately (which you consent to by creating a listing)

12.3 Digital Content Rights: Under the Consumer Rights Act 2015, digital content must be as described, fit for purpose, and of satisfactory quality. If our Service fails to meet these standards, you may be entitled to a repair, replacement, or refund.

12.4 Unfair Terms: If any term is found to be unfair under the Consumer Rights Act 2015, it will not apply to you, but this will not affect the validity of the remaining terms.

13.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and DrivingTestSwap.

13.2 Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force.

13.3 Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

13.4 Assignment: You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

13.5 Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control, including but not limited to acts of God, government actions, natural disasters, or DVSA system changes.

13.6 Contact Information: For questions about these Terms, contact us through: