GENERAL:

These terms and conditions apply to the resource booking app known as "Bookingintelligence".

In order to access the Bookingintelligence Application, you will have to agree to be bound by these terms and conditions. The material and information contained on our website in relation to the Bookingintelligence Application may only be accessed by you if you have agreed to these terms and conditions.

By proceeding to use the Bookingintelligence Application through our website, you:

1. agree to be legally bound by these terms and conditions; and
2. agree to be legally bound to the general terms and conditions applicable to our website (General Terms and Conditions). Any references to "our website", "the website", "this website" (or similar) in the General Terms and Conditions will include (and be deemed to include) a reference to all applications and other products accessed by you through our website, including the Bookingintelligence Application;
3. acknowledge that your usage of the Bookingintelligence Application may result in you being liable for certain charges. Please contact your account manager to discuss further; and
4. agree to pay all charges payable in respect of your usage of the Bookingintelligence Application.

USER CONDUCT: You must ensure that you comply at all times with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website (including your usage of the Bookingintelligence Application). We make no representations or warranties that the use of the Bookingintelligence Application complies with the laws of the country from which you access our website (and/or the Bookingintelligence Application) and you indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred arising out of or relating to your conduct, your use of the website, your breach of the General Terms and Conditions and/or these terms and conditions, or your breach of any rights of third parties or any applicable laws and regulations.

Without limiting the previous provisions of this paragraph (or any other provisions of the General Terms and Conditions), you shall be responsible to sgfleet in respect of all loss, liability, damage, cost or expense which the Group may suffer or incur directly or indirectly, wholly or in part, arising out of or in connection with your use or misuse of the Bookingintelligence Application or your use or misuse of any copyright or other intellectual property rights in or relating to the Bookingintelligence Application.

EXCLUSION OF LIABILITY: Access to and use of the Bookingintelligence Application or data or other information distributed by, downloaded or accessed from or through the Bookingintelligence Application (including making any bookings, accessing or managing any resources, taking or refraining from any action in reliance of the Bookingintelligence Application) is at your entire and own risk and we will not be liable for, and you will have no claims of any nature whatsoever against us for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether in respect of loss of data, interruption of business or any consequential or incidental damages or otherwise, arising out of or referable to or in connection with your access to and use of the website and/or the Bookingintelligence Application, including arising out of or referable to or in connection with a breakdown of the server or the availability, fulfilment, management or implementation of any transportation or other booking or resource service accessed through the Bookingintelligence Application. To the fullest extent permissible pursuant to applicable law, any liabilities imposed on us, or implied into these terms and conditions, under any law are hereby excluded. If any such legislation provides otherwise, then and to the extent possible, we limit our liability in respect of any claim to, at our option:

1. in the case of goods:
   1. the replacement of the goods or the supply of equivalent goods;
   2. the repair of the goods;
   3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
   4. the payment of having the goods repaired, and
2. in the case of services:
   1. the supply of the services again; or
   2. the payment of the cost of having the services supplied again.

We also disclaim, to the fullest extent permissible pursuant to any applicable law, all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement or that your usage of the Bookingintelligence Application is or will be error free. We do not warrant that the website or the server that operates it or the Bookingintelligence Application is or are free from viruses or other corrupted materials or that there will be no errors, occasional outages or disruption to service which may prevent you from accessing or using the Bookingintelligence Application.

DEFINITIONS:

In these terms and conditions:

Bookingintelligence Application

means the resource booking app known as "Bookingintelligence" that is operated and accessed through the website, which is owned and maintained by the Group.

General Terms and Conditions

means the general terms and conditions applicable to our website.

Group

means sgfleet and its associated companies.

sgfleet

means SG Fleet Australia Pty Limited.

we, us and our

means the Group.

website

means https://www.bookingintelligence.com/

you

means each booker of the Group that uses the Bookingintelligence Application and includes any person that you directly or indirectly authorise, permit or allow to access and use the Bookingintelligence Application (including your employees), and your and yours will be construed accordingly.

your

employees means those employees of yours that access the Bookingintelligence Application.