Terms of Use - Mist-swan

Acceptance of Terms

Welcome to Mist-swan. By accessing and using this website and our services, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website after changes are posted constitutes acceptance of the modified terms.

Description of Services

Mist-swan provides fuel analysis and consulting services to businesses and individuals. Our services include:

Fuel type comparison and analysis
Economic viability assessments
Vehicle and fleet fuel optimization consulting
Alternative fuel feasibility studies
Educational content and resources about fuel technologies

Service descriptions on our website are for informational purposes. Actual service deliverables are defined in individual service agreements established after consultation.

Use of Website

Permitted Use

You may use our website for lawful purposes only. Specifically, you agree to:

Use the website in compliance with all applicable laws and regulations
Provide accurate information when submitting forms or requests
Respect the intellectual property rights of Mist-swan and third parties
Maintain the security and confidentiality of any account credentials

Prohibited Use

You agree not to:

Use the website in any way that could damage, disable, or impair its operation
Attempt to gain unauthorized access to any part of the website or related systems
Use automated systems or software to extract data from the website
Transmit any harmful code, viruses, or malicious software
Impersonate any person or entity or misrepresent your affiliation
Collect or harvest information about other users without their consent
Use the website for any illegal or unauthorized purpose

Intellectual Property Rights

All content on this website, including text, graphics, logos, images, software, and other materials, is the property of Mist-swan or its content suppliers and is protected by Australian and international copyright laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from this website without our express written permission.

Limited personal, non-commercial use of website content is permitted for purposes such as reviewing information about our services. Any other use requires prior written authorization.

Service Engagement and Payment

Engagement of our fuel analysis services constitutes a separate agreement between you and Mist-swan. Service terms, deliverables, timelines, and payment obligations will be specified in individual service agreements or proposals.

Pricing displayed on our website is in Australian Dollars (AUD) and is subject to change without notice. Final pricing will be confirmed in writing before service commencement.

Payment terms vary by service type and will be specified in your service agreement. We accept various payment methods as communicated during the engagement process.

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Mist-swan disclaims all warranties, express or implied, including but not limited to:

Warranties of merchantability and fitness for a particular purpose
Warranties regarding accuracy, reliability, or completeness of information
Warranties that the website will be uninterrupted, secure, or error-free
Warranties regarding results that may be obtained from use of services

While we strive to provide accurate and reliable information and analysis, we make no guarantees about the accuracy, completeness, or timeliness of information provided through our website or services.

Limitation of Liability

To the fullest extent permitted by law, Mist-swan, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to:

Your use of or inability to use the website or services
Any errors or omissions in website content
Any unauthorized access to or use of our servers or personal information
Any interruption or cessation of transmission to or from the website
Business decisions made based on information or analysis provided

Our total liability for any claim arising from your use of the website or services shall not exceed the amount you paid for the specific service giving rise to the claim, or AUD $100, whichever is greater.

Some jurisdictions do not allow limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Professional Advice Disclaimer

Information and analysis provided by Mist-swan is for consulting and educational purposes only. Our services do not constitute:

Professional mechanical or automotive engineering advice
Financial or investment advice
Legal advice or regulatory compliance guidance
Guarantees of future performance or results

You should consult with qualified professionals in relevant fields before making significant business or personal decisions based on our analysis. We recommend consulting with automotive specialists, financial advisors, and legal counsel as appropriate for your situation.

Third-Party Links

Our website may contain links to third-party websites or resources. These links are provided for your convenience only. We do not endorse and are not responsible for:

The content, accuracy, or opinions expressed on third-party websites
The privacy practices of third-party websites
Any products or services available through third-party websites

Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

Indemnification

You agree to indemnify, defend, and hold harmless Mist-swan, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising from:

Your use of the website or services
Your violation of these Terms of Use
Your violation of any rights of another party
Any content you submit or transmit through the website

Termination

We reserve the right to terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including breach of these Terms of Use.

Upon termination, your right to use the website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions.

Any disputes arising from these terms or your use of the website shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Severability

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

Entire Agreement

These Terms of Use, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Mist-swan regarding use of our website and services, and supersede all prior agreements and understandings.

Contact Information

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

Mist-swan
127 Collins Street
Melbourne VIC 3000
Australia
Email: [email protected]