Term and Conditions

The parties, the Website, access and legal documentation
1. This website ("Website") is owned and operated by StormComm Pty Ltd Pty Ltd Trading as Lightstorm Computers (ABN 91 083 948 207) ("Lightstorm").

2. Access to this Website by each Customer is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document ("Terms of Use").

3. Lightstorm reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should refer to them periodically of your own accord but also pay particular attention to any notice by Lightstorm that they have been amended.

General Commercial Terms
1. This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Authorised Purposes"): a) access as presented on this Website information about Lightstorm, the terms of the relationship between the Customer and Lightstorm, and the goods and/or services presented on this Website, and b) communicate to Lightstorm the Customer's desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorised Purposes.

2. Notwithstanding anything in the Terms of Use or any other agreement between the Customer and StormComm, all orders and pricing made available on this Website are subject to acceptance and confirmation by Lightstorm No order will be deemed to be accepted by Lightstorm until such acceptance has been confirmed to the Customer.

3. If the Customer wishes to retain a hard copy of any order or pricing on this Website, the Customer may print the relevant order or pricing confirmation as provided for on this Website using any industry standard web browser or e-mail client.

4. The decision by Lightstorm whether or not to accept or fulfil or honour any order or any pricing will be based entirely upon the Customer's account and credit status at the relevant time. It will also be based upon market fluctuations as well as the exchange rate. Orders accepted by Lightstorm will be confirmed by e-mail to the Customer. Lightstorm reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the Customer's account or credit status. Lightstorm also reserves the right to change any advertised pricing at any time without notice.

7. If the Customer wishes to cancel any order, it must do so be telephoning its Lightstorm customer sales representative or account manager. Orders may normally be cancelled within 30 minutes of placement, but no order will be cancelled after it has left Lightstorm’s premises for shipping regardless of when this occurs.

8. Lightstorm ‘s Customer Returns Procedure will apply to all items which the Customer wishes to return.

Product Information, advertising and links to third party websites

1. This Website contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. With the exception of information relating to Lightstorm pricing, all product information has been provided by the relevant original equipment manufacturer and/or vendor and not Lightstorm, and Lightstorm has included it on this Website as a convenience only. The Customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor before purchase.

2. This Website contains hyperlinks and pointers to other websites operated by third parties. These linked websites are not controlled by Lightstorm, and Lightstorm is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Website does not imply any endorsement of the linked website by Lightstorm, its affiliates or their directors or employees. The Customer links to any such website entirely at their own risk.

3. This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by Lightstorm, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

4. In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's website and executing the relevant transaction. Such offers are made by the third party advertisers and not Lightstorm, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party websites.

Disclaimer and limitation of liability

1. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by Lightstorm of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). Lightstorm does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

2. Except as provided for by the Non-excludable Rights: a) this Website (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied, b) Lightstorm 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) Lightstorm does not warrant that any functions on this Website (including inter alia the Customer's access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components, d) Lightstorm does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

3. Under no circumstances (including but not limited to any act or omission on the part of Lightstorm) will Lightstorm or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.

4. To the fullest extent permitted by law, Lightstorm ‘s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Lightstorm to the following:
in the case of services supplied or offered by Lightstorm,
(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 Lightstorm,
(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.

Termination

The Terms of Use are effective until terminated by Lightstorm, and Lightstorm may terminate this agreement and the Customer's access to the Network at any time without notice. In the event of termination, the Customer is no longer authorised to access this Website, but all restrictions imposed on the Customer and all Lightstorm disclaimers and limitations of liability set out in the Terms of Use will survive.

Other

1. The Terms of Use embody the entire agreement between the Customer and Lightstorm in respect of the Customer's access to, and use of, this Website and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter. This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. The Customer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

2. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

3. All rights not expressly granted herein are reserved.

Trademarks of Lightstorm and its affiliates

1. All trade marks on this Website, registered or otherwise, are trade marks of their respective owners.

2. Lightstorm and the Lightstorm logo’s are trademarks of StormComm Pty Ltd.