Terms of Use

Last Updated: 29/05/2025

1. Acceptance of Terms

Welcome to MarkandSon. By accessing and using our website, you agree to be bound by these Terms of Use, our Privacy Policy, Cookie Policy, and any other policies referenced herein. If you do not agree with any part of these terms, please do not use our website or services.

2. Changes to Terms

We reserve the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting on our website. Your continued use of our website following the posting of revised Terms of Use means you accept those changes. We will notify you of significant changes by updating the "Last Updated" date at the top of this page.

3. Intellectual Property Rights

All content on this website, including text, graphics, logos, images, videos, audio clips, digital downloads, and software, is the property of OceanKing or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You may access, view, download, and print content from our website for your personal, non-commercial use only, provided you do not modify or delete any copyright, trademark, or other proprietary notices. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the content on this website is strictly prohibited without our prior written consent.

4. User Conduct

When using our website, you agree not to:

• Violate any applicable laws, regulations, or these Terms of Use
• Infringe the rights of any third party, including intellectual property rights
• Attempt to gain unauthorized access to any part of our website or systems
• Use our website to transmit malware, viruses, or other harmful code
• Interfere with or disrupt the integrity or performance of our website
• Collect or harvest any information from our website, including personal information, without authorization
• Impersonate any person or entity or misrepresent your affiliation with a person or entity

5. Products and Services

Our website provides information about OceanKing's boat products and related services. All product specifications, pricing, and availability information is subject to change without notice. Colors displayed on our website may vary slightly from actual products due to digital display limitations.

Product descriptions, prices, and availability may contain typographical errors or inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

6. Disclaimer of Warranties

To the maximum extent permitted by law, our website and all content, materials, products, and services available through our website are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied.

We do not warrant that our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the servers that make it available are free of viruses or other harmful components.

Under the Australian Consumer Law, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services. Nothing in these Terms of Use will be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

7. Limitation of Liability

To the maximum extent permitted by law, OceanKing and its officers, directors, employees, agents, and suppliers will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our website
• Any conduct or content of any third party on our website
• Any content obtained from our website
• Unauthorized access, use, or alteration of your transmissions or content

In any event, our total liability to you for all claims arising from or relating to these Terms of Use or your use of our website will not exceed the amount you have paid to us for products or services purchased through our website, or AUD $100 if you have not purchased anything from us.

8. Indemnification

You agree to indemnify, defend, and hold harmless OceanKing and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our website.

9. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by OceanKing. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that OceanKing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales (NSW), Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in NSW, Australia for the resolution of any disputes arising out of or relating to these Terms of Use or your use of our website.

11. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. Termination

We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Contact Information

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

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