These Terms and Conditions of Use (the "Terms of Use") apply to the Evoke Pty Ltd ABN 70 603 939 395 (Evoke®) website located at www.evoke.limo (the "Website") and all associated websites linked to the Website. By using our Website and services you agree and accept the Terms of Use.

1. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as "Content"), including but not limited to the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Evoke, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Evoke does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Evoke and its employees, officers, agents and independent contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Evoke's express prior written consent.

Evoke and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. Evoke does not accept responsibility for any liability in respect of access to other content through the use of this Website.

2. Use of the Website

While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Evoke reserves its right to bar individuals thought to be conducting such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any other services offered on or through the Website by hacking or any other illegitimate means.

You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

You may not trace or seek to trace any information of any user or customer of Evoke, including any Evoke account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Evoke's systems or networks, or any systems or networks connected to the Website.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Evoke on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Evoke or others.

3. Confidentiality

Evoke does not guarantee that your use of this Website will be confidential. Evoke is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website.

Use of personal information has been documented within Evoke's Privacy Policy

4. Privacy

Evoke is committed to adopting the highest standards to safeguard our customers' personal information. Please refer to our Privacy Policy which sets out how and why we collect, use and disclose your personal information.

5. Links to Other Websites and to Evoke Website

This Website may contain links to other independent third-party websites ("Linked Websites"). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Evoke's control, and Evoke is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

6. Security

Evoke shall take all reasonable steps to ensure the security of your personal information. Please refer to our Privacy Policy for further information on how Evoke has endeavoured to ensure the security of Personal Information.

Evoke is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures.

7. Booking Confirmation

Your booking will not be confirmed until you receive a booking confirmation email. Please ensure you check all the details of this confirmation and contact us if anything is incorrect or if you haven't received your booking confirmation. Evoke will not be held liable for any loss incurred due to incorrect information being provided at the time of booking or insufficient travel time being allocated by the customer that may result in, but is not limited to the reorganisation of travel.

8. Courtesy Wait Times

(a) Airport Arrivals

A 30-minute grace period will be provided for Domestic Arrivals and a 60-minute grace period will be provided for International Arrivals. The grace period will commence from the actual flight arrival time, not the scheduled arrival time.

(b) Non-Airport Arrivals

A 10-minute grace period will be provided.

Wait times that exceed the grace period will be charged at $2 per one (1) minute.

If additional wait time is required, please let us know at the time of booking and we will endeavor to accommodate your request.

9. Flight Monitoring

Evoke will actively monitor your flight arrival time, as per the flight number that has been provided at the time of booking to ensure that your chauffeur arrives on time.

10. Airport Pickups

Sydney

• International Terminal: Your chauffeur will be holding a name board in the applicable Arrivals Hall that corresponds to your flight.
• Domestic Terminal 2: Your chauffeur will be holding a name board outside the exit doors opposite baggage carousel 2-5.
• Domestic Terminal 3: Your chauffeur will be holding a name board at the base of the escalators near baggage carousel 5.

Melbourne

• International Terminal: Your chauffeur will be holding a name board in the International Arrivals Hall. The designated meeting point is near Hudson Coffee shop.
• Domestic Terminal: Your chauffeur will be holding a name board at the base of the escalators.

Perth

• International Terminal: Your chauffeur will be holding a name board in the International Arrivals Hall.
• Domestic Terminal: Your chauffeur will be holding a name board as you enter the Arrivals Hall.

Adelaide

• International Terminal: Your chauffeur will be holding a name board in the International Arrivals Hall as you exit through Customs.
• Domestic Terminal: Your chauffeur will be holding a name board at the bottom of the escalators of the Arrivals Hall.

Brisbane

• International Terminal: Your chauffeur will be holding a name board as you exit left from the Customs and Quarantine Area. The designated meeting point is near Coffee Club.
• Domestic Terminal: Your chauffeur will be holding a name board near the baggage carousel for your flight.

Canberra

• International Terminal: Your chauffeur will be holding a name board as you come through the exit doors on the ground floor.
• Domestic Terminal: Your chauffeur will be holding a name board at the base of the escalators.

Darwin

• Your chauffeur will be holding a name board as you arrive through the exit doors.

11. Payment

Prices quoted at the time of booking are in Australian dollars ($AUD) and are inclusive of GST. You acknowledge that the quoted price does not include additional fees, including, but not limited to parking.

We accept Visa, MasterCard, American Express and Electronic Funds Transfer (EFT). Payment is required once your journey has been completed or after a "no show" (except for weddings and special events).

(a) Weddings and Special Events

• Incur a 50% non-refundable deposit at the time of booking, with the remaining balance owing payable 14 days prior to the date of your wedding or special event.
• There is a minimum hire of 2 hours for all wedding and special event bookings.

(b) Regular Users – Individuals and Corporate Accounts

For individuals or companies that use our services regularly and spend more than $2,000 per month, we provide a discounted rate and 14 days to settle payment upon receipt of the invoice. For more information, please contact us.

(c) Cancellations and Refunds

We understand that your plans may change and we will make every effort to accommodate our customers, particularly if the cancellation is due to reasons beyond your control.

In the event that you need to cancel your journey, we reserve the right to charge the following as a percentage of your journey fare.

Sedans & SUVs

I. Point-to-Point Transfers and Airport Transfers

II. Hourly

III. Weddings and Special Events

IV. Long Distance Transfers Outside of Metropolitan Areas

V. Half-Day & All-Day

Vans & Minibuses

If you need to cancel your booking, please contact us within the appropriate notice period for your service type to avoid a cancellation fee.

(d) Amendments

If you need to amend your booking, please contact us as soon as possible before the scheduled service time and we will make every effort to accommodate your request, subject to vehicle availability. You will only be charged an additional fee if you would like to extend the length of your journey or period of hire. Amendments may be denied if it risks delaying another customer's service that has been pre-booked.

(e) No Shows

No shows will be charged 100% of the booking, plus any additional costs incurred, which may include, but is not limited to wait time and parking fees. If a customer is unable to locate the chauffeur for any reason, the customer should call us on 04888 EVOKE (0488 838 653) immediately.

(f) Public Holidays, Christmas Eve & New Years Eve

• Christmas Eve: 50% surcharge applicable.
• Christmas Day: 100% surcharge applicable.
• New Year's Eve: 50% surcharge applicable from 12:00 am to 3:59 pm, and 100% surcharge applicable from 4:00 pm to 11:59 pm.
• New Year's Day: 100% surcharge applicable from 12:00 am to 5:59 am, and 50% surcharge applicable from 6:00 am to 11:59 pm.
• All other Public Holidays: 30% surcharge applicable.

(g) After Hours/Early Morning Surcharge

+35% applies to pickups and drop offs between 11:00pm and 5:00am, which is considered late night and early morning.

(h) Gratuities

We do not charge gratuities to customers, however tips may be given to the chauffeur at the customer's discretion.

12. Food

Food may be consumed in our vehicles, provided you have the chauffeur's permission, or it has been agreed to at the time of booking.

13. Alcohol

No alcohol may be consumed in our vehicles and we will not be held liable for anyone that consumes alcohol in our vehicles or any consequences that may ensue.

14. Baby & Child Seats

We have baby capsules, child and booster seats available, accommodating newborns to 8 year olds. If a baby or child seat is required, please advise at the time of booking.

15. Lost or Damaged Personal Property

Evoke assumes no responsibility for personal property or any other item that is lost, damaged or misplaced in our vehicles. If an item is found after a journey, Evoke will contact the customer and return the item at no extra charge, provided delivery is within Sydney. The driver of our vehicles does have an obligation to deliver lost property within 24 hours of receiving or finding the lost property. In other cases, property may be handed to a police officer at a police station.

16. Vehicle Damage and Soiling

In the event that a customer or members of their party damages, soils or vomits on the interior or exterior of an Evoke vehicle, the customer will be required to pay all costs required to restore the vehicle to its pre-hire condition. These costs include, but are not limited to, cleaning, repair, detailing and loss of income if our vehicle has been put out of service.

17. Inappropriate Behaviour

In the event that a customer or members of their party are behaving in a manner that is anti-social or poses a threat to their own safety, the safety of other passengers or that of the chauffeur, their service will be terminated immediately without a refund and a police report will be submitted if necessary.

18. Health and Safety

In the interest of public safety and accordance with Australian law, the following are not permitted in our vehicles at any times:

• Smoking (including electronic smoking devices).
• Illegal material and substances.

Failure to comply will result in an immediate termination of services without a refund.

19. Animals

We only accept assistance animals or assistance animals in training.

20. Seatbelts

In accordance with Australian law, passengers must wear seatbelts when the vehicle is in motion. If the customer or members of the customer's party fail to correctly wear a seatbelt, the customer who booked the service will be held liable.

21. Unforeseen Circumstances

We are not liable for any loss or delay for circumstances outside of our control, including but not limited to:

• Weather conditions
• Traffic delays
• Vehicle breakdown
• Illness

In the event we are unable to fulfil your booking due to unforeseen circumstances, we will make every effort to find a substitute vehicle.

22. On-time Performance Guarantee

Evoke operates with an ‘on-time or money back' guarantee. If you make a booking and your chauffeur arrives after the designated time, you will not be charged for your trip.

23. Cancellation and Termination

If you have an account with us, you are solely responsible for the cancellation of your account. You can cancel your account at any time via email to hello@evoke.limo

Failure to pay your account will result in your account being terminated. We are not responsible for any loss you suffer as a result of such termination.

Evoke in its sole discretion may terminate your account and refuse any and all current or future use of the service, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. Evoke reserves the right to refuse service to anyone for any reason at any time.

24. Liability

The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms of Use can exclude or restrict the application of such laws but, to the extent that it can, Evoke does not give any guarantee or warranties or make any representation of any kind, express or implied. Subject to claims available under consumer protection laws, Evoke is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with our services.

For any claims relating to our services that cannot be excluded or restricted under consumer protection laws:

1. you will be entitled to a full refund or replacement services if there is a major failure by Evoke or the sub-contractor to comply with the consumer guarantees under the Australian consumer laws; and
2. for minor failures by Evoke to comply with the consumer guarantees under these laws, the liability of Evoke for any applicable claim will (at Evoke's discretion and to the maximum extent permitted by law) be limited to if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.

Evoke reserves the right to do the following, at any time, without notice:

1. modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
2. modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
3. to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

25. Indemnity

You must indemnify and hold harmless Evoke or its employee's, independent contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

1. any breach by you of these Terms of Use; or
2. reliance by you on any information obtained through the Website.

26. Applicable Law

The Website (excluding any linked third party Websites) is controlled by Evoke. By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in New South Wales.

Although this Website can be accessed throughout Australia and overseas, Evoke does not represent that the Content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this at your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

27. Contact Us

Evoke aims to provide an exceptional level of service to our customers at all times. If you feel you have cause for complaint or any suggestions for improvement, please email us at hello@evoke.limo or call us on 04888 EVOKE (0488 838 653) and we will endeavour to respond to you within two (2) business days.