General Terms and Conditions
Term and Eligibility. The term of membership is for one year commencing on the date you activate your membership at jointventure.apple.com/activate for the initial year and, if you extend your membership and pay the Annual Fee, on each anniversary thereafter (each year an “Annual Term”). Membership expires at the end of the Annual Term unless you notify us that you wish to extend your membership prior to its expiration. If you do not renew your membership by the end of your Annual Term, but subsequently decide to purchase a new membership within one year of expiration, only those Apple products purchased directly from an Apple Retail Store or the Apple Online Store (except for iPhone) will be eligible for registration under Joint Venture. Joint Venture membership is offered to businesses only (that is, legally recognised entities such as sole proprietorships, partnerships, companies and associations), and Apple reserves the right to verify business status and reject or cancel membership in its reasonable discretion. Joint Venture Services are available only for Registered Apple Products owned by you and used in your business, and are not available in any manner for personal use or to third-party service providers seeking service for any Apple product owned by others. If Joint Venture is purchased by a minor (a person under 18), the minor’s parent or guardian must be present to agree to these Terms and Conditions, and must be present for the duration of any Joint Venture Service. Joint Venture Services are valid only at Apple Retail Store locations for Registered Apple Products owned and registered in your name. Your Joint Venture Services are not transferable to any other person or entity.
Additional “Get Trained” Terms. Services provided pursuant to Get Trained are available only at Apple Retail Store locations for you and your business’s direct employees. Training sessions and workshops are intended for informational purposes only and Apple makes no representation, undertaking, promise or warranty that any information provided during such training is appropriate for your business or should be relied upon by you. These services can be facilitated through your Registered Apple Products, or in some cases the Apple Retail Store may provide similar products (at its sole discretion) for the session if you do not wish to use your own.
Additional Equipment Loaner Terms. When participating in the Equipment Loaner Service, you represent, warrant, acknowledge and agree that (i) you shall keep the Loaner safe and secure and shall take all reasonable care of any Loaner; (ii) you shall return the Loaner when either we inform you that your Registered Mac Computer is available for collection from Apple or when it has been delivered to you (whichever is the earlier); (iii) if you do not return the Loaner, Apple may, in its sole and absolute discretion, pursue any rights and remedies available to it at law or in equity; (iv) you are responsible for any damage, loss or abuse of the Loaner while it is in your care and you will be responsible for the full purchase price of the Loaner in the event of loss, or the cost of repair or replacement in the event of damage or abuse; (v) the Loaner is solely a loaned product for your business use while your Registered Apple Product is being repaired or otherwise serviced by Apple; (vi) you must not use the Loaner for any unlawful purpose; and (vii) only software with valid licences shall be loaded on the Loaner. Further, you acknowledge that prior to returning the Loaner you will erase any and all files placed on the Loaner while it was in your possession, and you acknowledge and agree that Apple bears no responsibility or liability for any files or data remaining on the Loaner following its return. You further acknowledge that when the Loaner is returned, any remaining files — including, without limitation, any business and/or personal files and data — will be erased. It is your sole and exclusive responsibility to separately back up any files you wish to retain that were created while in possession of the Loaner.
When participating in the Equipment Loaner Service, YOU ACKNOWLEDGE THAT ALL SOFTWARE PROVIDED WITH THE LOANER IS LICENSED SPECIFICALLY TO APPLE FOR USE ON THE LOANER AND IS NOT TO BE REMOVED IN ANY MANNER FROM THE LOANER. YOU WILL NOT COPY OR OTHERWISE REPRODUCE, REVERSE ENGINEER, DISASSEMBLE OR DECOMPILE ANY SOFTWARE OR COMPONENTS PROVIDED WITH THE LOANER. All rights, title and interest in and to the Loaner shall at all times remain vested in Apple. Nothing in these Terms and Conditions or Apple’s relationship with you shall be construed as conveying to you any right, title or interest in or to the Loaner or any component thereof, except as expressly permitted by these Terms and Conditions, and only for the limited purpose specified herein. You may be required to agree to additional terms in order to take advantage of the Equipment Loaner Service. Loaner products are not available if your Registered Mac Computer is in Apple’s possession only for an Anytime Tune-Up service.
Preventing Data Loss. You agree and understand that Apple shall not be responsible or liable for any loss, damage, corruption, disclosure or alteration of any files, software folders, data, programs or any of your confidential, proprietary, business and/or personal information or removable media (“Data”). You are responsible for any and all restoration and reconstruction of lost, damaged, corrupted or altered Data, and it is up to you to maintain and implement a complete Data backup and disaster recovery plan. You will ensure that any information or Data disclosed to Apple is not confidential or proprietary. YOU ARE OBLIGED TO TAKE ADEQUATE MEASURES TO AVERT AND REDUCE POTENTIAL DATA LOSS AND DAMAGES. IN PARTICULAR, BEFORE ANY PRODUCT IS BROUGHT IN FOR JOINT VENTURE SERVICE, IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA ON YOUR COMPUTER DISKS AND/OR DRIVES, AND REMOVE ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION, AND DISCONNECT MEDIA OR DEVICES SUCH AS CDS, DVDS, PC CARDS OR FLASH DRIVES.
Licensed Software. If any Joint Venture Service involves accessing, using or transferring data stored on a Mac Computer, old computer, iPhone, iPad or any other product, you represent, warrant and undertake that you have the legal right to access, copy or use any such data and to permit Apple to do so, and you authorise any such access, copy and use by Apple. You also represent, warrant and undertake that if any Joint Venture Service involves installing software on a product, you have the legal right to agree to the terms of any applicable software licence and you authorisse Apple to accept such terms on your behalf in performing the services.
Conduct. Apple reserves the right to refuse, limit or cancel any Joint Venture Service and/or membership for any reasonable cause — including, without limitation, if any individual participating in services in the opinion of Apple has displayed unreasonable behaviour; is deemed to be violent, abusive or disruptive; has provided false, misleading or fraudulent information; has sought and/or received services in a fraudulent or abusive manner; or has otherwise breached these Terms and Conditions.
You are Responsible for Your Personnel. As a Joint Venture member, you understand and agree that you are responsible and liable for the actions of your employees, associates, members, and/or any other representative or agent designated by you to receive Joint Venture Services (“Personnel”), and that you will indemnify Apple and its subsidiaries and affiliates — and their respective directors, officers, employees and agents — against any and all actions, demands, settlements, damages, liability, claims, suits, losses, costs and legal fees caused by, arising out of or resulting from: (a) any negligent act or omission by — or any wilful misconduct on the part of — you or your Personnel; (b) your or your Personnel’s failure to comply with any applicable law; (c) any bodily injury, personal injury, death or property damage caused by you or your Personnel; and (d) an allegation that anything provided by you or your Personnel misappropriated, violated or infringed any third party’s patent, copyright, trademark, trade secret, mask work, or other intellectual property or proprietary right.
Ownership of Materials. Ownership of all copyright and other intellectual property rights in the Apple training materials — including, without limitation, any documentation, data, technical information and know-how provided to you and/or your Personnel as part of Get Trained services — remains vested in Apple or its suppliers. All such information shall be held in confidence and may not be disclosed or copied to third parties without the express written permission of Apple or its suppliers.
Disclaimer of Warranties and Implied Terms. APPLE WARRANTS THAT THE JOINT VENTURE SERVICES SHALL BE PROVIDED WITH REASONABLE CARE AND SKILL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ALL DOCUMENTATION, PUBLICATIONS OR OTHER INFORMATION PROVIDED BY OR ON BEHALF OF APPLE ARE FURNISHED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AS TO ITS ACCURACY OR COMPLETENESS. THE WARRANTIES, TERMS, CONDITIONS AND REMEDIES CONTAINED IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS. EXCEPT AS PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE. APPLE SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) RESOLVE ANY SUPPORT INCIDENT WITHOUT RISK TO OR LOSS OF SOFTWARE PROGRAMS OR DATA, OR (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE APPLE’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD. NO APPLE EMPLOYEE OR AGENT IS AUTHORISED TO MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ITS AFFILIATES, EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS & CONDITIONS OR ANY COLLATERAL CONTRACT FOR: (i) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE; OR (ii) LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, INCLUDING BUT NOT LIMITED TO THE COSTS OF RECOVERING, REPROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA; OR (iii) THE INABILITY TO USE OR ACCESS YOUR REGISTERED APPLE PRODUCT OR ANY OTHER COMPUTER, EQUIPMENT, DEVICE, SOFTWARE, NETWORK OR SYSTEM; OR (iv) THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA; OR (v) ANY LOSS OF BUSINESS, PROFITS, CONTRACTS, REPUTATION, GOODWILL, REVENUE OR ANTICIPATED SAVINGS, IN EACH CASE HOWSOEVER ARISING, WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES AND WHETHER ARISING UNDER STATUTE OR ARISING IN OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ITS AFFILIATES’, EMPLOYEES’ AND AGENTS’ TOTAL AGGREGATE LIABILITY TO A CUSTOMER FOR ANY AND ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS & CONDITIONS — OR ANY COLLATERAL CONTRACT, WHETHER ARISING UNDER STATUTE OR ARISING IN OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE — SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR JOINT VENTURE MEMBERSHIP.
YOU MAY HAVE RIGHTS UNDER STATUTORY CONSUMER PROTECTION LAWS INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CTH). THE FOLLOWING DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS APPLY SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER SUCH LAWS.
IF APPLE IS LIABLE TO YOU UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR STATE LEGISLATION, TO THE EXTENT TO WHICH APPLE IS ENTITLED TO DO SO, APPLE LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO, IN THE CASE OF GOODS, AT APPLE’S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT APPLE’S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
Service Limitations. Apple reserves the right to refrain from providing any or all requested Joint Venture Services and to instead refund your payment in whole or in part, on the basis that your technical needs or the extent of services required are unusual or extensive, or beyond the scope of these Terms and Conditions, as reasonably determined by Apple.
Force Majeure. Apple will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.
Waiver. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default.
Severability. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect. If permitted by law, the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and the economic effect of the Terms and Conditions.
Cancellation and Change in Terms and Conditions. Subject to applicable law, Apple reserves the right to substitute, change, terminate or add to these Terms and Conditions upon not less than 30 days notice. Amendments to these Terms and Conditions will be reflected on the Joint Venture website and at www.apple.com/au/retail/business/jointventure/terms.html, and you should check them from time to time. If Apple terminates these Terms and Conditions or your membership, you will receive a prorated refund for the unexpired term. Without limiting any other right or remedy, Apple may terminate these Terms and Conditions immediately if you make a misrepresentation or breach any of the Terms and Conditions. If Apple terminates these Terms and Conditions due to your material misrepresentation or material breach, the sums paid for Joint Venture will be non-refundable without limiting any other remedy Apple may have. You may cancel your membership at any time for any reason, by calling, visiting or providing written notice to your local Apple Retail Store. Unless applicable law provides otherwise, if you cancel within 14 days of purchase, you will receive a full refund. If you cancel more than 14 days after purchase, the sums paid for Joint Venture will be nonrefundable. All terms and conditions, limitations, exclusions and warranties contained herein that, by their sense and context are intended to survive the termination of these Terms and Conditions, shall so survive.
Governing Law. The construction, validity and performance of these Terms and Conditions — and all non-contractual obligations arising from or connected with this these Terms and Conditions — are governed by the laws of the state of New South Wales without regard to conflicts of law principles, and the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts of New South Wales with respect to any dispute arising hereunder. You should keep copies of these Terms and Conditions, and any sales receipts or other materials, for your records.
Complete Agreement. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between Apple and you with regard to the Joint Venture program and the services provided thereunder, and supersedes all prior negotiations, agreements, arrangements and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Apple unless made in writing and signed by an authorised representative of Apple. Any term or condition on any order or other document submitted by you shall be of no force or effect whatsoever, and is specifically rejected. No representation, undertaking or promise shall be taken to have been given or implied by anything said or written in negotiations between the parties prior to the date of the contract between us. You shall not have any remedy in respect of any untrue statement made by Apple upon which you relied in entering into these Terms and Conditions (unless such untrue statement was made fraudulently or was related to a fundamental matter including a matter fundamental to Apple’s ability to perform its obligations under these Terms and Conditions) and your only remedies shall be for breach of contract as provided in these Terms and Conditions. Misrepresentations as to fundamental matters shall be subject to the terms of the limitations and exclusions of liability set out in these Terms and Conditions.
Not a legal joint venture. The relationship between Apple and you is that of independent contractors dealing at arm’s length. Nothing in these Terms and Conditions shall constitute the parties as partners, joint venturers or co-owners, or constitute either party as the agent, employee or representative of the other, or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same. You further agree and understand that by purchasing a Joint Venture membership you shall not use trademarks, service marks, trade names, logos, or product names or services owned by or licensed to Apple in connection with your business in any manner whatsoever, or act in any manner that implies an endorsement of your company by Apple or a legal joint venture between you and Apple.
Nothing in these Terms and Conditions will reduce your statutory rights.