Contact Us

Phone no:	07 4946 7533
Fax no:	07 4948 8609
Freecall:	1800 810 116
International Phone no:	+61 7 4946 7533
International Fax no:	+61 7 4948 8609
Email:	bookings@prosail.com.au
Web address:	http://www.prosail.com.au
Postal Address :	PO Box 973 Airlie Beach QLD 4802
Trading Address :	20 Stewart Drive, Cannonvale QLD 4802 Australia
ABN:	90 114 145 774

Prosail Terms and Conditions

1. DEFINITIONS

Branded Site - refers to a site that is owned and operated by a third party, and all or part of that site is branded into the Prosail Network. May also be used in plural to indicate a collection of some or all such sites.

Linked Site - refers to sites that are are linked to from the Prosail Network that not part of the Prosail Network. May also be used in plural to indicate a collection of some or all such sites.

Prosail - refers to the company Prosail Queensland Pty Ltd, including but not limited to the business, its employees and agents and its assets.

Prosail Network - refers to the collection of individual websites branded under Prosail or NEXT Sail. Also refered to as "the Network".

Prosail Site - refers to any individual website that is part of the Prosail Network. May also be used in plural to indicate a collection of some or all such sites.

2. TERMS OF USE

Please read these Terms of Use carefully before using the Network. By using the Network, you signify your agreement to these Terms of Use. If you do not agree with any of these Terms of Use, do not use the Network.

Prosail reserves the right, in its sole discretion, to modify, alter, change, discontinue or otherwise update any aspect or feature of the Network, including these Terms of Use, at any time without notice. The headings used in these Terms of Use are used for convenience only and do not limit or otherwise affect these Terms of Use.

3. LINKED & BRANDED SITES

This site may contain links to other sites on the Internet.. The Linked Sites are for your convenience only and you access them at your own risk. Prosail is not responsible for the content of any Linked Site, and makes no representation or warranty regarding any other web sites or the contents or materials on such sites. Inclusion of a link in the Network does not imply Prosail’s endorsement of the site.

Some Linked Sites may be branded into the Network for aesthetic reasons. Branded Sites are Linked Sites in every way, shape and form.

4. INTELLECTUAL PROPERTY

The contents of the Network, including but not limited to text, graphics and icons are copyrighted materials owned or controlled by Prosail. Any of the trademarks, logos, trade names or service marks displayed in the Network are registered of Prosail. All rights reserved. Nothing contained on the Network should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this site without the written permission of Prosail .

5. DISCLAIMER/LIMITATION OF LIABILITY

You expressly agree that use of the Network is at your own risk. Prosail does not warrant that the site will be uninterrupted or error free; nor does Prosail make any warranty as to the results that may be obtained from use of this site, or as to the accuracy or reliability of any information provided through this site. The materials in Prosail’s site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible under law, Prosail disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Prosail assumes no responsibility and shall not be liable for any damages, claim loss or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, virus, communication failure or use of this site, whether for breach of contract, tortious behavior (including strict liability), negligence or under any other cause of action. In no event will Prosail be liable in contract, in tort (including for its own negligence) or under any other legal theory for any damages, including without limitation, direct, indirect, incidental, special, punitive, exemplary, consequential or similar damages, including without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Network or any site linked to from the Network.

6. PRICING

All prices displayed on the Network are indicative prices only and may change at any point in time without notice. Actual prices may vary from indicative prices displayed on the Network for a variety of reasons, including but not limited to; seasonal variation, operator price adjstments, special or unusual client requirements, changes in government tariffs, regulations, taxes and fees.

Actual prices may be advised during communication with Prosail or at confirmation of your online booking.. Until a payment has been processed and confirmation issued, the price remains subject to immediate change without notice. Some products offered on the Network may also attract additional taxes, levys, tariffs and management fees which will be payable at the time of use.

7. AMENDMENTS OR CHANGES

Any changes made after a booking has been made may be subject to cancellation fees (see our cancellation policy) and any applicable booking amendment fees. No changes can be made seven ( 7) days prior to departure and are subject to availability and at the discretion of Prosail.

8. DEPOSITS, BALANCES & SECURITY

In order to secure a booking, Prosail will require full payment, or at our discretion a nominated deposit only. Regardless of how payment is made, a credit card may be required to secure a booking. Prosail assumes no responsibility for the booking and cancellation policies of the operators on our linked sites.

9. CANCELLATION POLICY & REFUNDS

Prosail cancellation policy is 21 days prior to departure results in full cancellation fees to apply. A non refundable deposit of 20% is required to confirm a booking with the remaining balance due thirty (30) days prior to departure. If you are departing with-in thirty (30) days when making the booking then full payment will be required at the time of making the booking. The 20% deposit is non-refundable regardless of the number of days notice that has been given.

All refunds resulting from cancellations may be subject to an administration fee and any charges incurred in securing your booking.

10. INDEMNIFICATION

You shall defend and indemnify Prosail and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable attorney fees, brought by third parties as a result of your use of the Network.

11. JURISDICTION

These Terms of Use shall be governed by, construed and enforced with the laws in force in the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts in the State of Queensland, Australia in the event of any claim or dispute arising between you and Prosail in connection with the Network. If any provision in these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of the remaining terms.

Privacy Policy

ProSail respects your privacy and recognises your right to protection of all personal information you provide us with, including your name, address, telephone number and e-mail address.

The personal information we collect about you is used by us:

To provide you with information that you have requested and to keep you updated with new information and specials from time to time relating to Marg's Home-Shop.

To communicate with you generally if required.

To enable us to ship the products to you that you have purchased from us.

Security

ProSail believe that the responsible use of personal information collected on our website is critical to our business objectives and reputation. Any personal information that is provided will be used only to process orders and is protected by our secure server. We want you to shop online at ProSail with complete confidence. We have therefore created the following security system for our shoppers:

Our payment processing system Money Direct uses SSL (Secure Sockets Layer) technology - the industry standard for encryption technology. SSL is the system that is used by all reputable e-commerce sites. SSL technology is compatible with most browsers. SSL encrypts all information (e.g. your credit card number) passed from your browser to our payment gateway, making it almost impossible to be intercepted by an unauthorised party, as long as your browser and local network supports the use of encrypted data transmissions.

In order to maintain security of this information, credit card details will not be stored on our servers, but only used on an individual transaction basis (i.e., customers enter their credit-card details each time they order). ProSail will not have access to credit card details entered on the web.

ProSail will take all appropriate and reasonable steps to protect the information shared with us.