Website Terms and Conditions of Use
About the Website
- Welcome to SanDisk Professional Academy (‘Website‘). The Website provides unique content in the form of blogs, tips and tricks, tutorials for creative professionals.
- The Website is operated by SanDisk Professional. Access to and use of the Website, or any of its associated Products or Services, is provided by SanDisk Professional. Please read these terms and conditions (‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- SanDisk Professional reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SanDisk Professional updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SanDisk Professional in the user interface.
Copyright and Intellectual Property
- The Website, the content and all of the related products of SanDisk Professional are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by SanDisk Professional or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by SanDisk Professional, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
SanDisk Professional does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by SanDisk Professional.
- SanDisk Professional retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of SanDisk Professional and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- In order to become a member of SanDisk Professional Academy, it is necessary for you to disclose personal information, including your name, email address, phone number, and any other information reasonably requested in order for us to provide you with the best possible service.
- Upon registering as a member to SanDisk Professional Academy, members acknowledge and agree to receive email marketing materials and relevant content from SanDisk Professional and SanDisk Professional Academy, as per the nature of the website. Members reserve the right to opt out of this mailing list or refine their mailing interests at any time.
- Members acknowledge that data may be collected and shared with an approved Western Digital Reseller/Retail Partner in order for SanDisk Professional to refer any enquiries to their customer service team, relating to deals and product bundles exclusive to SanDisk Professional Academy members. Information will only be shared upon enquiry from the member, and this is limited to full name, contact number, email address and any contextual information reasonably required to provide you customer service.
- Members acknowledge that the SanDisk Professional Academy online chat feature is monitored and managed by product specialists from the approved Western Digital Reseller/Retail partner, and any information passed via this chat will be shared with such partner for product enquiries. SanDisk Professional will have access to any conversations had via the online chat service.
Third Party Websites
- You may be able to link to third parties’ sites (“Linked Sites”) from SanDisk Professional Academy, such as member websites/ social media, blog sources and approved Western Digital Reseller/Retail partners for product purchases or enquiries. Linked sites are not reviewed, controlled, or examined by SanDisk Professional Academy in any way and SanDisk Professional is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.
- In no event shall SanDisk Professional be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. SanDisk Professional reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SanDisk Professional shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Membership Obligations and Content Usage
- Members must be at least 18 years of age.
- Members are responsible for all activity that occurs under your membership, and you agree to always maintain the security and secrecy of your username and password.
- Members may only possess one membership.
- Content generated and shared on the Website by the member shall remain as the property of the member. However, member acknowledges and grant permission to licence content to SanDisk Professional for the purpose of sharing on the SanDisk Professional Academy Website, newsletters and its social media channels only.
- This includes a limited, non-exclusive, royalty free, right and license to feature content generated by the Member to be shared for purposes limited to Facebook, Instagram, Twitter, YouTube, LinkedIn and brand website homepage and blogs.
- Members will be properly credited for any work shared by SanDisk Professional.
- Content can be used for these purposes only without further notice or consent from you, and without the requirement of payment to you or any other person or entity.
- As a member, you agree not to upload defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the brands in its sole discretion, whether or not such material may be protected by law.
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause 5, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- SanDisk Professional will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SanDisk Professional make any express or implied representation or warranty about the content or any products or content (including the products or content of SanDisk Professional) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the content or any of the products of SanDisk Professional; and
- the content or operation in respect to links which are provided for your convenience.
Limitation of Liability
- SanDisk Professional is a subsidiary of parent company Western Digital, and therefore any liability lies with Western Digital.
- SanDisk Professional’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
- You expressly understand and agree that SanDisk Professional, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- You acknowledge and agree that SanDisk Professional holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
- SanDisk Professional Academy does not own the Content posted by Users via the Service and does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will SanDisk Professional be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, messaged or otherwise transmitted via the Service.
- You acknowledge that the online chat service hosted on SanDisk Professional Academy is monitored and managed by an approved Western Digital Reseller/Retail Partner. You expressly agree that SanDisk Professional is not liable for any direct, indirect, incidental, special consequential or exemplary damages arising from product support or customer service provided by this partner on this chat service. Any disputes or claims that arise are subject to the Terms and Conditions found on the Western Digital Reseller/Retail Partner
Termination of Contract
- If you want to terminate the Terms, you may do so at any time by logging into your account and deleting your membership.
- We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms.
- Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
- All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- SanDisk Professional may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- SanDisk Professional is required to do so by law;
- SanDisk Professional is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by SanDisk Professional, is in the opinion of SanDisk Professional, no longer commercially viable.
- Subject to local applicable laws, SanDisk Professional reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SanDisk Professional’s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and SanDisk Professional have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify SanDisk Professional, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:
- Within 90 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 90 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the xx or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 30 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by SanDisk Professional are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.