Terms and Conditions of Use
MARSK Pty Ltd. warrants that all personal information submitted by visitors to the web site will remain the confidential property of the site owners and will not be intentionally sold or given to any third party under any circumstances.
Restrictions on use of content and intellectual property the web site:
Public use of the web site:
User license to MARSK:
By posting any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to MARSK a perpetual, royalty free, nonexclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material: 1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of MARSK and any other party authorised by MARSK all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of MARSK, and expense of the user, the user will execute and deliver to MARSK such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Advertising, links to third party websites and ecommerce offers:
Limitation of liability and Disclaimer:
The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by MARSK of goods or services on the web site which cannot be excluded, restricted or modified (“Nonexcludable Rights”). MARSK does not exclude any Nonexcludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Nonexcludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) MARSK and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) MARSK does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) MARSK does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not MARSK) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of MARSK) will MARSK or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that MARSK does not exert control over users of the web site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, MARSK’S liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of MARSK to the following: in the case of services supplied or offered by MARSK, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by MARSK, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.