Terms of Use

Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Fern-spark ("Company", "we", "us", or "our") concerning your access to and use of the fern-spark.com website and any related services.

By accessing or using our website, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you must not access or use our website.

Use of Website

Our website is intended to provide information about our energy consulting services and to facilitate communication with potential and existing clients. You may use our website for lawful purposes only and in accordance with these Terms of Use.

You agree not to:

• Use the website in any way that violates any applicable law or regulation
• Attempt to gain unauthorised access to any part of the website or its systems
• Interfere with or disrupt the integrity or performance of the website
• Transmit any viruses, malware, or other malicious code
• Use any automated means to access the website without our permission
• Copy, modify, or distribute any content from the website without authorisation
• Impersonate any person or entity or misrepresent your affiliation

Intellectual Property

The content on our website, including text, graphics, logos, images, and software, is the property of Fern-spark or our licensors and is protected by Australian and international copyright and trademark laws.

You may view, download, and print content from our website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from our website without our prior written consent.

Services and Pricing

Information about our services and pricing displayed on the website is for general information purposes only. Prices are indicative and may vary based on specific project requirements, location, and complexity. Final pricing will be confirmed in writing before any engagement commences.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

User Submissions

When you submit information through our contact forms or other communication channels, you grant us a non-exclusive, royalty-free license to use, reproduce, and process that information for the purpose of responding to your inquiry and providing our services.

You represent and warrant that any information you submit is accurate, complete, and does not violate any third-party rights or applicable laws.

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that the website will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or completeness of any content

Energy savings projections and recommendations provided through our services are estimates based on typical conditions and may vary depending on individual circumstances, weather patterns, equipment performance, and other factors. We do not guarantee specific results or outcomes.

Limitation of Liability

To the maximum extent permitted by applicable law, Fern-spark and its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our website or services.

Our total liability for any claims arising from these Terms of Use or your use of our website shall not exceed the amount you paid to us for services in the twelve months preceding the claim.

Nothing in these Terms of Use excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence.

Indemnification

You agree to indemnify, defend, and hold harmless Fern-spark and its directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of our website or services
• Your violation of these Terms of Use
• Your violation of any rights of a third party
• Any content you submit through our website

Third-Party Links

Our website may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the content of these websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of Queensland for the resolution of any disputes arising from these Terms of Use or your use of our website.

Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Waiver

Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Fern-spark.

Changes to Terms

We reserve the right to modify these Terms of Use at any time. We will notify users of any material changes by updating the "Last updated" date at the top of this page. Your continued use of the website after any changes indicates your acceptance of the modified terms.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

Fern-spark
Level 4, 127 Creek Street
Brisbane QLD 4000
Australia
Email: [email protected]