GeneralThese terms and conditions outline the terms and conditions for omg Storm and the omg Storm website (http://www.omgstorm.com.au). omg Storm is located at:12/13 Butcher Street Kwinana, Kwinana Beach 6167 – Western Australia, AustraliaInterpretationThe following terminology applies to these Terms and Conditions, Privacy Statement and any or all Agreements:“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to omg Storm. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.“Goods” shall mean Goods agreed to be supplied or supplied by omg Storm to the customer.All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.WebsiteBy accessing this website we assume you accept these terms and conditions in full.Do not continue to use omg Storm’s website if you do not accept all the terms and conditions stated on this page.CookiesWe employ the use of cookies. By using omg Storm’s website you consent to the use of cookies in accordance with omg Storm’s privacy policy.Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.Some of our affiliate / advertising partners may also use cookies.LicenseUnless otherwise stated, omg Storm and/or it’s licensors own the intellectual property rights for all material on omg Storm. All intellectual property rights are reserved.You may view and/or print pages from http://www.omgstorm.com.au for your own personal use subject to restrictions set in these terms and conditions.You must not:Republish material from http://www.omgstorm.com.auSell, rent or sub-license material from http://www.omgstorm.com.auReproduce, duplicate, or copy material from http://www.omgstorm.com.auRedistribute content from omg Storm (unless content is specifically made for redistribution).Hyperlinking to our ContentThe following organizations may link to our Web site without prior written approval:Government agencies;Search engines;News organisations;Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.These organisations may link to our home page, to publications or to other Web site information so long as the link:(a) is not in any way misleading;(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and(c) fits within the context of the linking party’s site.We may consider and approve in our sole discretion other link requests from the following types of organizations:Commonly-known consumer and/or business information sourcesAssociations or other groups representing charities, including charity giving sites,Online directory distributors;Internet portals;Accounting, law and consulting firms whose primary clients are businesses; andEducational institutions and trade associations.We will approve link requests from these organizations if we determine that:The link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed)The organization does not have an unsatisfactory record with us;The benefit to us from the visibility associated with the hyperlink outweighs the absence of omg Storm; andWhere the link is in the context of general resource information or is otherwise consistent with editorial contentin a newsletter or similar product furthering the mission of the organization.These organizations may link to our home page, to publications or to other Web site information so long as the link:Is not in any way misleading;Does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; andFits within the context of the linking party’s site.If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,you must notify us by sending an e-mail to
[email protected] include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.Approved organizations may hyperlink to our Web site as follows:By use of our corporate name; orBy use of the uniform resource locator (Web address) being linked to; orBy use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.No use of omg Storm’s logo or other artwork will be allowed for linking absent a trademark license agreement.IframesWithout prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.QuotationsAll quotations for the supply of Goods, however made, are not offers and are provided only as indicative statements of current price levels and are applicable for the date range on the quote.PricingWhere a firm price is stated in the form of acceptance of order then, unless otherwise stated, the price therein shall be binding for thirty (30) days from the date of the acceptance. If delivery is to be made after that date, omg Storm reserves the right to vary the price as it determines at any time prior to dispatch of the Goods. The Customer shall be notified of any increase price to apply and may terminate the order if the new price is not acceptable. All quoted and list prices are excluding delivery and excluding GST (which shall be added/included at time of sale).Orders and OwnershipOrders for goods will only be determined to be accepted if confirmed by omg Storm in writing or within other subsequent terms.Ownership of goods supplied by omg Storm will not be transferred to the customer unless payment has been made in full or an alternative arrangement agreed upon by omg Storm.The customer agrees to hold and store any goods supplied by omg Storm in an acceptable manner, assuming any liability for loss or damage because of negligence, until payment has been made in full.Return of Goodsomg Storm is only obliged to accept return of Goods that do not comply with the agreed Specification or Purchase Order.omg Storm will not accept return for Goods ordered in error or any Goods that have been damaged in any other way or where the Customer has not complied with all safety, care, disposal and manufacturing directions or requirements. The Customer is deemed to have accepted a delivery of Goods upon delivery (unless the Customer (within 7 days of delivery) has notified omg Storm in writing of its rejection of that delivery and the reasons for the rejection are accepted by omg Storm). The Customer warrants that it will inspect the Goods upon delivery to ensure that the Goods correspond with the Purchase Order or the Specifications. The Customer agrees that omg Storm is not required to accept the return of any Goods for credit however omg Storm reserves the right to credit the Customer’s account towards the Customer’s next Purchase Order where omg Storm has supplied Goods not in accordance with the Specification or Purchase Order (provided the Customer has notified omg Storm in writing (within agreed account terms) of its rejection of the delivery and omg Storm is willing to accept these reasons as outlined.omg Storm reserves the right to invoke a restocking fee of no more than 25% of the purchase order value to accommodate the costs of storage and handling of returns that may arise as a result of section 11.1 and 11.2 of the aforementioned terms and conditions.All goods being returned, or attempting to return, to omg Storm must be in a re-saleable condition, otherwise such the return will not be accepted by omg Storm.No returns will be reviewed nor accepted without confirmation of purchase and agreement by omg Storm.Reservation of RightsWe reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request.We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.Removal of links from our website. If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.Content LiabilityWe shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website.No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.DisclaimerTo the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:limit or exclude our or your liability for death or personal injury resulting from negligence;limit or exclude our or your liability for fraud or fraudulent misrepresentation;limit any of our or your liabilities in any way that is not permitted under applicable law; orexclude any of our or your liabilities that may not be excluded under applicable law.The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:Are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
