One to One Terms and Conditions (AU)
Important. Apple Pty Limited (“Apple”) provides the One to One services described herein to you (”you” or “member”) on the following terms and conditions (“Terms and Conditions”). When you purchase a One to One membership or receive any One to One service you are agreeing to these terms and conditions.
The rights described in these Terms and Conditions in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Competition and Consumer Act 2010 (CTH) and other applicable Australian consumer protection laws and regulations. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
General. One to One membership is only available at the time of purchase to those customers who buy a new, Apple Certified Refurbished or Clearance Apple Macintosh computer (“Mac” or “eligible Apple Product”) in an Apple Retail Store, from the Apple Online Store (www.apple.com/au) or by calling 133-622. For the purpose of these Terms and Conditions, the “time of purchase” extends for 14 days from the date of purchase. If you return your eligible Apple Product under the terms of Apple’s Sales & Refund Policy, you will receive a full refund on your One to One membership and your account will be deactivated. Members are limited to a single One to One membership per year. Your One to One membership expires one year from the date of activation. If One to One is purchased by a minor (under 18) or on a minor’s behalf, an adult must be present to agree to these Terms and Conditions. An adult must be present with a minor under the age of 14 for the duration of any One to One service. One to One services are valid only at Apple Retail Store locations for eligible Apple Products owned and registered in your name, and cannot be used for service requests made through the Apple Online Store or by calling 133-622, or through any Apple reseller or service provider. One to One membership and services are nontransferable. Apple reserves the right to refuse, limit or cancel any One to One service and/or membership for any reasonable cause — including, without limitation, if in the opinion of Apple a member is using One to One services in conjunction with offensive, illegal or otherwise inappropriate content or material; displays unreasonable, abusive or disruptive behaviour; requires unusual or extensive services or training beyond the scope of these terms and conditions or Apple’s typical service offerings; or has otherwise breached these terms and conditions.
These Terms and Conditions are governed by the laws of New South Wales, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales. You should keep copies of these terms and conditions, and any sales receipts or other materials, for your records. Apple reserves the right to substitute, change, cancel or add to any part of these terms and conditions at any time without notice. Visit www.apple.com/au/retail/learn/one-to-one/terms.html for the most current Terms and Conditions.
Service Terms. One to One services consist of Data Migration, Personal Training and Open Training. One to One services are available on a first-come, first-served basis and subject to availability of service staff in our Apple Retail Stores.
Data Migration. One to One members are entitled to Data Migration services for one (1) Mac purchased from an Apple Retail Store, on the Apple Online Store or by calling 133-622, if requested within the first sixty (60) days of your membership, including any renewals. Data Migration includes the data transfer of files from your old computer (PC or Mac) to your Mac. To be eligible for One to One Data Migration, your original computer must start up properly and be virus-free. In addition, any PC must be running Windows XP Service Pack 3 or later and have a working Ethernet port. If you’re migrating from a Mac, your system must be running Mac OS X 10.6.8 or later and have a working Ethernet, Firewire, Thunderbolt or USB port. If you put any data or information on your Mac prior to your Data Migration, it will be erased and the Mac will be restored to its factory condition prior to transferring the data from your old computer. Upon your request, we will install any compatible Apple hardware that was purchased in conjunction with your Mac. We will also assist with installing software that was purchased in conjunction with your Mac in a Personal Training or Open Training session that you schedule with the Apple Retail Store. Data Migration services include the transfer and integration of your email, contacts, calendars, music, photos, bookmarks and documents from your personal user account, and not the accounts of others you might store on your old computer. Apple does not guarantee the transfer of all data from a personal computer to your Mac, as certain data — including, without limitation, certain email, contact and calendar applications — may not be supported. One to One Data Migration is available only at Apple Retail Store locations, for Mac computers owned and registered in your name, and running the latest version of OS X.
Personal Training and Open Training. Personal Training and Open Training sessions (collectively or individually, “Training Session(s)”) are intended for informational purposes only. You can participate in any of these Training Sessions by using your own eligible Apple Product or, subject to availability, an eligible Apple Product that may be provided to you by the Apple Retail Store. Personal Training sessions are individual sessions between the One to One member and an Apple employee. Open Training sessions also occur in a group environment, with a trainer available to provide assistance and answer questions as each member works on an individual project. Training Session schedules and topics are determined by Apple and subject to change in Apple’s reasonable discretion. Reservations for Training Sessions are subject to availability on a first-come, first-served basis; therefore, Apple makes no guarantee as to the minimum number of Training Sessions you may be able to attend during the term of your membership. Members must book their reservations online using their personal One to One page or the Apple Store App (downloadable from the iTunes App Store). The One to One reservation system shows up to 14 days of availability. Members may have no more than one Personal Training and one Open Training session reserved at any given time. After the completion of your session, you may schedule your next. Personal Training sessions are offered in 30- and 60-minute increments and include up to five to 10 minutes to gather belongings and draw the session to a close. Arriving late to a Personal Training session may result in its cancellation or rescheduling. Open Training Sessions are offered in 90-minute increments. Please note: by utilising One to One services, you understand and agree that the duration of an offered Training Session is an approximation and that the actual duration of any session may need to be shortened from time to time in order to reasonably maintain timely scheduling. Further, Apple reserves the right, in its reasonable discretion, to replace scheduled trainers and to change, postpone or cancel the date and time of any Training Session (for example, during periods of increased traffic).
Preventing Data Loss. You understand and agree that Apple shall not be liable for any loss, damage, corruption, disclosure or alteration of any files, folders, data or 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. You ensure that any information or Data disclosed to Apple is not confidential or proprietary. YOU ARE ENCOURAGED AND EXPECTED TO TAKE ADEQUATE MEASURES TO AVERT AND REDUCE POTENTIAL DATA LOSS AND DAMAGES. IN PARTICULAR, BEFORE YOU BRING IN YOUR ELIGIBLE APPLE PRODUCT FOR ANY ONE TO ONE SERVICE, INCLUDING DATA MIGRATION, IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA ON YOUR COMPUTER DISKS AND/OR DRIVES; REMOVE ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION; AND DISCONNECT MEDIA OR DEVICES SUCH AS CDS, DVDS, PC CARDS OR FLASH DRIVES.
Installing Software. If any One to One service involves accessing, using or transferring data stored on your eligible Apple Product or old computer, you represent that you have the legal right to access, copy or use any such data and to permit Apple to do so, and authorise any such use by Apple. You also agree that if any One to One service involves installing software on your eligible Apple Product, you have the legal right to agree to the terms of any applicable software licence and authorise Apple to accept such terms on your behalf in performing the services.
Warranty. To the maximum extent permitted by law, all One to One services — including any documentation, publications or other information provided therein by or on behalf of Apple to a member — are furnished on an “as is” basis without warranty of any kind as to their accuracy or completeness. THE WARRANTIES, 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, AS 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. No Apple employee or agent is authorised to make any modification, extension or addition to this warranty.
Limitation of Liability. APPLE AND ITS AFFILIATES, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE ONE TO ONE PROGRAM OR SERVICES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA, OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, OR ANY LOSS OF BUSINESS, PROFITS, REVENUE, OR ANTICIPATED SAVINGS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ITS AFFILIATES’, EMPLOYEES’, AND AGENTS’ TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS ARISING UNDER THE ONE TO ONE PROGRAM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR ONE TO ONE 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.
Nothing in these Terms and Conditions will reduce your statutory rights.