(Terms and Conditions of STORM FX’s website use and Sales Agreement).
a. Agreement means the terms and conditions set out below, covering your use of STORM FX’s website and any subsequent purchases or service agreements in circumstances where STORM FX agrees to supply you with goods and/or services that you have ordered through STORM FX’s website.
b. Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010.
c. Confirmation means a summary that STORM FX provides after you have submitted your order. The Confirmation may include a description of the goods and/or services, the quantity, specifications which may be described or attached in a manufacturers brochure, the expected delivery date, your delivery address, any applicable postage, delivery, insurance or other fees, GST and any special terms that may apply to the order.
d. Customer (‘you’ and ‘your’) means the legal entity that has authority to make an Order and enter into an Agreement with STORM FX.
e. Deliver (Delivered and Delivery shall be interpreted accordingly) means for STORM FX to deliver the Goods to your delivery address between the hours of 9 am and 5:30 pm Monday to Friday, but not including public holidays, at the delivery address you supply. In the case of electronic distribution, the email address you supply.
f. Good/s means the product that is provided by STORM FX as described on the Order.
g. ‘Including’ and ‘includes’ are not words of limitation.
h. Order means your request for Goods and/or Services to be supplied by STORM FX specifying product and/or service type and amount required.
i. Quote means a price for Goods and Services displayed or otherwise made known to you through STORM FX’s website or any other document STORM FX provides to you.
j. RMA means Return Merchant Authorisation.
k. Service/s means any design, consulting, hire or maintenance services that are provided by STORM FX as described on the Order.
l. STORM FX (‘us,’ ‘our’ and ‘we’) means the entity of STORM FX Distributions Pty Limited ABN: 46 109 602 244.
a. The STORM FX Website and any purchase made through our website is offered to you conditional on your acceptance, without modification, of the terms, conditions, and notices contained in this Agreement. This Agreement governs your use of our website and the purchase of Goods and Services from us and forms a contract of use between you and us. Your use of the STORM FX Website indicates that you have had sufficient opportunity to access these terms and conditions and that you have read and accepted this Agreement.
b. You confirm that any information provided by you for the purpose of purchasing Goods and Services on STORM FX’s website is true and correct. We reserve the right to cancel any order we deem fraudulent.
c. You may submit an Order using the third-party payment applications () on STORM FX’s website and pay for the Order by an authorised person or representative.
d. Once an Order has been submitted and a Confirmation sent, the Delivery of Goods and Services is conditional upon payment, in full unless prior arrangements have been made.
e. If you believe there is an error in the Confirmation we have sent you, you must provide us with written notice of the error within 1 business day from receipt of the Confirmation, otherwise the Order is deemed correct for the purposes of this Agreement.
f. Once a correct Order has been placed you may not cancel it.
2. SUPPLY OF GOODS
- i. STORM FX does not warrant or guarantee shipping times. While every effort is made to provide accurate time-frames and speedy service, variations may occur and we are not liable for delays made by third parties.
- ii. If a delivery time frame is critical and/or urgent, contact us and we will use our best endeavors to accommodate you, additional charges may apply.
- iii. If our courier is unable to deliver, we will contact you to arrange alternative shipment. Additional charges may apply in this case.
- iv. STORM FX does not ship to PO boxes.
- v. Due to unforeseen circumstances including flight delays, weather conditions or any other event that may constitute a force majeure, delivery times may be extended. Some rural areas may be particularly affected and extensive delay may result. We will not be liable for any delays in delivery caused by the carrier or unforeseen circumstances before or during transit.
- vi. For shipping outside Australia, local customs duties and additional clearance charges imposed by the receiving port are your responsibility.
- vii. You may arrange to have Orders collected from our offices in Sydney. Collected Orders incur no shipment charges.
- viii. You must inspect the Goods at the time of Delivery to ensure they conform to the Order specifications. If you do not believe the Goods meet the Order specifications, you must provide us with written notice of the mistake or defect within 48 hours of inspection.
- ix. Keep your invoice in a safe place as it is required for claims under warranty.
- i. All Goods supplied by STORM FX are subject to the manufacturer’s warranty unless otherwise specified.
- ii. Our Goods and Services come with certain guarantees which cannot be excluded under Australian Consumer Law. Nothing in this Agreement seeks to limit STORM FX’s statutory obligations.
- iii. We are not responsible for any costs or defects if:
- (1) you breach this Agreement;
- (2) you breach the manufacturer’s guidelines for use; or
- (3) the defect arises from fair wear and tear.
- iv. You must:
- (1) store, assemble, use and maintain Goods in accordance with any documentation provided with the Goods by STORM FX or any other supplier; and
- (2) not use or resell the Goods for a purpose which they were not designed or intended to be used.
- v. Any product images used on our website are for reference only and may not be relied on when making a purchase decision. All decisions made by you must be based on product descriptions only.
c. Returns on hardware
- i. When you receive your Order, ensure it is complete and all items are undamaged and accounted for and conform with the Confirmation and the invoice. Any claims for shortages, errors or damages must be advised to us within 48 hours of receipt.
- ii. Retain all boxes, packaging, manuals and inserts until you are certain that everything functions correctly.
- iii. Goods may not be returned to STORM FX without prior authorisation. The return of any Goods is subject to the following conditions:
- (1) for all returns, STORM FX must be notified within 48 hours of the invoice date and a RMA requested;
- (2) if your request is approved, a RMA will be issued;
- (3) Goods must be returned to our store or the warehouse elected on the RMA;
- (4) the RMA number must be clearly stated on outside of package label;
- (5) Goods must be returned complete, with all accessories, manuals and packaging and without evidence of usage. This is your responsibility;
- (6) Goods must be adequately packed by the customer and we take no responsibility for poorly packaged Goods that are damaged in transit during return;
- (7) ensure that data is backed up as we will not be responsible for any lost data;
- (8) Goods which have been damaged, tampered with or modified in any way cannot be returned under any circumstances;
- (9) we take no responsibility for returned Goods until received by us or an elected third-party;
- (10) all responsibility for the return of the Goods lies with the customer.
- iv. If you believe the Good/s are faulty then on their receipt, STORM FX will confirm the fault and repair or replace your Goods based on the terms and conditions of the manufacturer’s warranty conditions. We will endeavor to make this turn-around time as short as possible.
- v. The customer will bear the cost of reshipping returned Goods after repair or replacement. If Goods are returned as faulty, and no fault is found, a 25% re- stocking fee may apply.
- vi. Under Australian Consumer Law, you are not entitled to return Goods if there is no breach of a consumer guarantee. For example, if you:
- (1) found the Goods cheaper elsewhere;
- (2) were aware of the relevant fault before buying the Goods – such as if the fault was written on the packaging, or indicated in the photos or item description online;
- (3) damaged the Goods via misuse – for example, dropping the item;
- (4) used the Goods and the problem is a result of usual wear and tear overtime;
- (5) changed your mind;
- (6) if the Goods are incompatible, incorrectly ordered or unsuitable for your purpose.
- vii. Due to health and safety regulations, STORM FX does not accept returns of items such as headsets, ear pieces and headphones which have been opened and used, unless faulty and under warranty. For faulty goods under warranty, you will bear the cost of shipping returned Goods to us and after repair or replacement you will be responsible for the reshipping costs.
d. Returns on software
- i. Software returns will not be accepted by STORM FX unless the software is faulty. We will test the software for faults and defects.
- ii. If the software contains no faults or defects we will return the software to you. You will be responsible for any costs incurred
- iii. STORM FX recommends that you refer to manufacturer’s website for system requirements before purchasing software. It is your responsibility to ensure compatibility with your hardware, including hardware purchased from us on the same Order.
- iv. Autodesk’s policy for returns of software allow for up to thirty (30) days to return a purchase for a full refund on quarterly and annual subscription products and fifteen (15) days on monthly subscription products.
- v. Electronically distributed software returns are at the sole discretion of the manufacturer. We cannot be held liable for any costs incurred.
3. THIRD-PARTY WEBSITES AND PRODUCTS
- i. STORM FX’s website may contain links to third-party websites. We are expressly not responsible for any content contained on third-party websites. The existence of any third-party website appearing on our website does not imply any endorsement or approval of the third-party website, whatsoever.
- ii. Third-party websites are subject to their own terms and conditions which you may be bound to, as separate and distinct from this Agreement. STORM FX will not be held responsible for any damage or liability arising from any third-party websites. You should make your own investigations with respect to the suitability of linked websites for you.
- i. You acknowledge that you may be purchasing Goods subject to third-party terms and conditions. Any such terms and conditions are in addition this Agreement and it is your responsibility to read and comply with third-party product terms and conditions.
- ii. You must not do, or seek to do, any action that may put STORM FX at risk of breaching product terms and conditions, relating to any third parties.
- iii. You cannot claim any amount from STORM FX for loss or damage that is otherwise covered by third-party product terms and conditions.
a. By purchasing Goods that carry automatically renewed subscriptions, you authorise STORM FX to renew successive product licenses or subscriptions on equal terms of the original Agreement until you cancel.
b. The renewal price may be changed before the next renewal date if we provide you with written notice via email. You may cancel the automatic renewal if you do not agree to the change but you must do so following the strict requirements contained in the email.
d. You may cancel your auto-renewal via email: [email protected] or telephone:
+612 9955 5145 for products other than Autodesk. For all Autodesk auto-renew software you are responsible for cancelling in either your Autodesk Portal or via your account on the STORM FX e-store (if that is where you purchased the software). Autodesk has stipulated that auto-renew licenses need to be cancelled seven (7) days prior to expiration. Any variation from these time limits are at the sole discretion of Autodesk. STORM FX cannot be held liable for any costs incurred.
Chaos Group cancellation policy on Auto-Renew software purchases: Software may be cancelled at any time before the software renewal anniversary date. If the software is not cancelled before the anniversary date your credit card will be automatically charged and no refund for that period will be accepted.
Cancellations need to be done in your STORM FX online account. Any variation from these time limits are at the sole discretion of Chaos Group. STORM FX cannot be held liable for any costs incurred.
5. SERVICES – where applicable
a. Any services we provide pursuant to an Order are subject to the fees as agreed between you and STORM FX on the Order.
b. Fees may be either a time based or fixed fee structure, as agreed between you and Strom FX.
c. We will use all reasonable efforts to render services by the Delivery date/s specified on the Order.
d. You agree to provide STORM FX with reasonable access to information, materials, personnel, equipment or facilities to the extent such access is necessary for the performance of our services.
- i. We shall be excused from delivering services until all such requirements are provided.
e. There is a mutual agreement between you and STORM FX that all projects, know-how and business, technical and financial information obtained from services that each provides the other constitutes confidential information.
- i. Information that is rightfully in either STORM FX’s possession or in your possession, or that was or has lawfully become public knowledge is not considered confidential information.
f. If requested, we will provide you with time sheets and any expense claims for your approval.
g. You must back up all necessary data prior to STORM FX performing services. We are expressly not liable for any information lost by you during performance of our services.
h. Upon receipt of full and final payment for Services, we grant you a perpetual, non- transferable, worldwide, royalty free license to use any materials that were newly created during STORM FX’s performance of Services, for the personal or internal use of you only, unless otherwise agreed. For the sake of clarity, you cannot on-sell the license.
a. If you are purchasing Goods from us, you warrant that:
- i. any credit card information you supply is true, complete and correct;
- ii. charges you incur will be honoured by your credit card company;
- iii. you will pay charges you incur at the price Quoted on the website including any shipping fees or applicable taxes.
b. For the purchase of Goods; you must pay STORM FX the amount due prior to the Delivery.
c. For the purchase of Services; you must pay STORM FX the amount due either prior to the Expected Date of Delivery or as otherwise agreed to between you and us.
- i. We will issue you with a tax invoice as per the agreed payment structure.
- ii. If you fail to make payment in accordance with the terms set out in the invoice, we reserve the right to:
- (1) suspend delivery of any Goods or Services until payment is received; and
- (2) charge you a late payment fee to cover the reasonable costs associated with late payment including business loan interest, operational costs. This cost will be calculated using Westpac’s company lending interest rate plus 1%.
d. Any money amounts presented on our website or invoices are in Australian currency unless otherwise stated.
e. All amounts payable by you to STORM FX must be paid in Australian currency unless otherwise stated.
7. LIMITATION OF LIABILITY AND INDEMNITY
a. To the full extent permitted by law, STORM FX’s liability to you in contract, tort (including negligence), breach of duty (statutory or otherwise), is expressly limited to the direct loss and will never exceed the amount paid by you under the Order.
b. To the full extent permitted by law, STORM FX is not liable for:
- i. Any indirect loss i.e. loss of profits or goodwill;
- ii. Any special, incidental or consequential damages; and/or
- iii. Any third-party loss, unless prohibited by Australian consumer law.
c. You indemnify STORM FX from any liability arising from actions, proceedings, claims or demands to the extent they were caused either indirectly or directly by:
- i. A breach by you; and/or
- ii. Any wilful, unlawful or negligent action by you, your agents or your contractors.
d. All product and service information from STORM FX’s website is provided “as is” or “as available.” The information or services provided by STORM FX may contain bugs, errors, problems or other limitations. STORM FX and affiliated parties bear no liability, whatsoever, for your use of any information or service.
8. INTELLECUTAL PROPERTY AND COPYRIGHT
a. All rights related to STORM FX’s website including, but not limited to, the content, design, graphics, code, compilation, organisation and any like matters are protected under applicable copyright, trademark, registered trademark and intellectual property law.
b. Use of, copying, publication or redistribution of any part of our website by you is strictly prohibited. Posting information or materials on the website is not a waiver of any rights STORM FX holds.
c. Unless we have provided our express consent, you must not use, copy, adapt, translate, manufacture or otherwise exercise any intellectual property right over any of STORM FX’s patents, trademarks, service marks, logos, industrial designs, illustrations, drawings, proposals or copyright materials.
d. You have a limited, non-exclusive license to view, download and print content for your personal use only. No part of this website’s content is to be used for republication, sale, distribution, sublicense, assignment, as a basis for derivative works or any other like purpose.
9. MODIFICATION OF THIS AGREEMENT
a. We reserve the right to change or modify the terms, conditions and notices of this Agreement, under which your use of STORM FX’s website are governed. You should check this Agreement regularly to ensure you are aware of any changes made.
b. In relation to terms and conditions that govern the purchase of Goods and Services, are the terms and conditions that apply as at the date on the Order.
10. NO UNLAWFUL OR PROHIBITED USE
a. In using our website, you warrant to STORM FX that you will not use its website in an unlawful manner or in a way that is prohibited by this Agreement or by law.
b. Further to clause 10 a, you warrant that you will not use our website in any manner that may expose STORM FX to any risk in relation to breaching the law.
c. You may not use STORM FX’s website in any manner which may damage, disable, overburden or impair the operation of the website or otherwise interfere with any third- party’s use of enjoyment of STORM FX’s website.
11. DELAYS OR OUTAGES
a. STORM FX is not responsible for any delays or interruptions to its website. Every commercially reasonable effort will be made to keep delays and outages to a minimum.
b. STORM FX reserves its right to discontinue its website without notice. STORM FX is not responsible for any loss, cost, damage or liability resulting from such discontinuance.
12. MITIGATION OF LOSS
a. In relation to legitimate claims arising from this Agreement, you must make every reasonable effort to mitigate your loss, damage or expenses.
13. EXCLUSION OF COMPETITORS
a. You are excluded from using STORM FX’s website in any way that competes with the business of STORM FX, including use of information for any purpose that is not personal. If you breach this term, STORM FX will hold you responsible for any damages or loss of profits.
b. STORM FX reserves its right to exclude any person from using its website and information at its sole discretion.
a. If any provision of this Agreement is held to be invalid or unenforceable then it may either be read down to the extent required to be operational or severed from this Agreement leaving the remaining clauses to embody the entire Agreement.
15. APPLICABLE LAW
a. This Agreement is exclusively governed by the laws of New South Wales, Australia. In accepting the terms of this Agreement, you consent to the exclusive jurisdiction and venue of New South Wales Australia for all disputes arising out of or relating to this Agreement.