(Service contract involving sequential performance for instruction, training or assistance)

The consumer may cancel this contract at any time by sending the form attached hereto or another notice in writing for that purpose to the merchant.

This contract is cancelled, without further formality, upon the sending of the form or notice.

If the consumer cancels this contract before the merchant has begun the performance of his principal obligation, the consumer has no charge or penalty to pay.

If the consumer cancels this contract after the merchant has begun the performance of his principal obligation, the consumer must pay only:
(a) the price of the services rendered to him, computed on the basis of the rate stipulated in the contract; and
(b) the less of the following 2 sums: $50, or a sum representing not more than 10% of the price of the services that were not rendered to him.
Within 10 days following the cancellation of the contract, the merchant must restore to the consumer the money he owes him.
It is in the consumer's interest to refer to sections 190 to 196 of the Consumer Protection Act (R.S.Q., c. P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.

1. THE STUDENT DECLARATION

The student declares that:
• he/she is at least 16 years old or will be 16 years old on the date of the first in car lesson given by the school;
• he/she has obtained the learner’s licence from the S.A.A.Q., if so required by the law; and
• he/she holds another class of driving licence, identified in the present contract, as the case may be.
 
However, the student who applies to the S.A.A.Q. for a Competence Certificate authorizing him/her to drive a moped on a public road and who agrees to follow a driving course that will help him/her to obtain this certificate declares to be at least 14 years old on the date of his/her first lesson.

2. S.A.A.Q. SKILL TESTS

The student recognizes that having successfully completed the driving course for a vehicle under the present contract relating to the class of driver’s licence he/she wishes to request from the S.A.A.Q. does not guarantee his/her passing the S.A.A.Q.’s skill test pertaining to such licence.

3. ADDITIONAL COURSES

Theoretical courses, practical driving lessons and any other service or product offered by the school may be provided to the student upon request and, as the case may be, will be subject to a separate contract.

The total amount to be paid by the student under this contract does not and cannot include the cost of transportation to or from the student's home or other agreed-upon meeting point, to one of the addresses where the school provides the service under this contract.

4. STUDENT BELOW 18 YEARS OLD

The person having parental authority who signs this contract for the student under the age of eighteen (18) years old:
- is doing so as the mandatory and surety of the student;
- is solidary debtor of the school for all obligations of the student; and
- waives any benefit of division and benefit of discussion.
Students under the age of eighteen (18) years who signs this contract declares that any holder of parental authority for him/her authorized him/her to sign this contract, to take the requested course and is solidary debtor of the school for all obligations of the student.

5. CONDITIONS OF TERMINATION

The school reserves the right to unilaterally terminate, at its discretion, this contract. As the case may be, the school will repay any advances it may have received in excess of what it has earned, without being liable for any other injury that the student party may have suffered because of this termination by the school, even if such termination is done without a serious reason or at an inopportune moment.

6. CANCELLATION

The student is not entitled to the resolution of the contract beyond the cases prescribed by law to which the parties cannot derogate by contract. In addition to these cases, the school may, at its discretion, cancel this contract and reimburse to the student the amount paid, for instance if the amount paid for a service of the school is inaccurate, notably because the publication of an erroneous price or any human error or failure of a computer system.

7. CONDITIONS FOR REFUND OR EXCHANGE

The student cannot obtain an exchange or refund other than in cases prescribed by law to which the parties cannot derogate by contract. In addition to these cases, the school may, at its discretion, grant an exchange or a refund to the student.

8. PERSONAL INFORMATION

The student grants to GROUPE TECNIC 2000 INC. the same rights as those that the school has regarding the student's personal information.

Collection: The school only collects personal information necessary to the object of the student’s file, which consists of the execution of this agreement and all commercial aspects related to this execution. The student consents to the collection of such personal information from third parties, including GROUPE TECNIC 2000 INC., or by them.

Use: In addition to cases otherwise permitted by law, the use of personal information of students mainly consists of:
• ensuring the planning and implementation of the services that the school delivers to the student and the payment for these services;
• helping to improve the services that the school delivers to its customers, including the development, promotion, implementation and evaluation of them;
• contacting the student to inform him/her about the services of the school;
• performing audits, data analysis and research in-house or in collaboration with companies affiliated with the school, including to better understand the needs and expectations of the customers of the school;
• occasionally allowing communication or use, for commercial prospection, nominative lists of customers of the school by promotional partners of the school or GROUPE TECNIC 2000 INC., to the extent that these partners undertake to use or communicate such lists only for these purposes, for a limited time.
 
Communication: In addition to the cases otherwise allowed by law, the student authorizes the school and its affiliated companies, including GROUPE TECNIC 2000 INC., (i) to communicate with each other information about him/her, and (ii) use this information as indicated here.
Access: The student’s record is kept at the main office of the school. All employees, officers, mandatories, agents and other authorized representatives of the school can have access to the student’s record. The student can access it by going in person at the main office of the school during its normal business hours and can have any personal information about him/her corrected, by presenting the relevant supporting documents when the school requires them.

9. DISCLAIMER OF WARRANTIES

The school excludes all warranties that can be excluded by contract between the parties that would otherwise be applicable by operation of the law.

10. DISCLAIMER

The school excludes its liability for any damage caused to the student, subject to the damages for which the school cannot exclude its liability because of the operation of the law.

11. NULLITY OF A CLAUSE

All the provisions set forth in this Agreement are an integral part of it. If anyone of them, or if any part of anyone of them, violates a provision of the laws of Quebec or Canada, that provision or part of this provision is deemed null and void but its nullity will not affect the validity of the other provisions of the contract.

12. CONTRACT BY INTERNET

When the contract is concluded via the Internet, it meets all the specific requirements of the Consumer Protection Act applicable to distance contracts.

13. MODIFICATIONS

The student cannot change the terms of this Agreement at any time whatsoever. At any time and without notice, the school may change the terms of this contract with respect to future sales.

14. LAW

The laws of the Province of Quebec and the applicable laws of Canada govern the terms of this Agreement. The parties agree to the jurisdiction of the courts of the Province of Quebec in the event of litigation.
 

CANCELLATION FORM


(CONSUMER PROTECTION ACT, S. 190 and 204)

 
 
To: _________________________________
[Name of school]
Address: _________________________________
[Address of school]
Date:_________________________________
[Date of sending of this form]
By virtue of section 193 or 204 of the Consumer Protection Act, I cancel the contract no. __________________ [number of the contract if indicated] concluded on __________________ date when the contract was made] __________________ at [place where the contract was made].
Name: _________________________________
[Name of student]
Address: _________________________________
[Address of student]
Signature: _________________________________
[Signature of student]