TERMS AND CONDITIONS
THE LEGAL AGREEMENT SET OUT BELOW GOVERNS YOUR PURCHASE OF CONTENT IN BULK FOR USE IN CONNECTION WITH THE VOLUME PURCHASE PROGRAMME. TO AGREE TO THESE TERMS, CLICK "AGREE". IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE", AND DO NOT USE THE VOLUME PURCHASE PROGRAMME.
A. THE VOLUME PURCHASE PROGRAMME TERMS OF SALE
Apple Pty Ltd. ("iTunes") is the provider of the Volume Purchase Programme (the "VPP Service"), which (a) for the App Store and Mac App Store (collectively, "App Store"), permits approved business and educational institutions to purchase App Store Products in bulk solely for distribution to, and use by, persons employed by or affiliated with the institution, such as contractors, employees, agents, and, in the case of educational institutions, enrolled students authorised by you in accordance with the App Store Terms and Conditions, or (b) for the iBooks Store, permits either (i) approved educational institutions that are schools or school districts (excluding without limitation libraries) to purchase iBooks Store Products in bulk, solely for distribution to, and use by, persons who are either employees, faculty or teacher's aides (regardless of whether they are directly employed by the institution) at the institution or registered as students at the institution, or (ii) institutions solely for distribution to, and use by, persons employed by or affiliated with the institution, such as contractors, employees and agents, in accordance with the iBooks Store Terms and Conditions, as applicable. Such App Store Products and iBooks Store Products purchased in bulk are collectively defined as "Volume Content". The end users affiliated with your institution to which you distribute the Volume Content including without limitation accounts created as Managed Apple IDs (“MAIDs”) are collectively defined as "Authorised End Users". You agree that your use of the VPP Service and the Volume Content will be subject to these terms ("VPP Terms") as well as the terms and conditions and usage rules applicable to iTunes, the App Store and the iBooks Store (http://www.apple.com/legal/internet-services/itunes/ww/) which are hereby incorporated by reference (collectively, "Terms"). In the event of any conflict or inconsistency, the VPP Terms shall control.
VOLUME PURCHASE PROGRAMME APPLE ID
You agree that you will only use the VPP Service-specific Apple ID ("VPP Apple ID") or appropriately-privileged MAID for the purpose of purchasing, managing and distributing Volume Content from the VPP Service. You agree to provide accurate information in order to set up your VPP Apple ID or MAID, such as company name, physical address, D-U-N-S number, corporate payment information or other information as requested. For more information about the enrolment process, please visit (http://www.apple.com/au/business/vpp/) or (http://www.apple.com/au/education/volume-purchase-programme/), as applicable.
Your VPP Apple ID (as opposed to your password, which you should not disclose to anyone) will be used by content providers to verify your account for custom content distribution through the VPP Service. For more information, please visit (http://www.apple.com/au/business/vpp/) .
AUSTRALIA SALES ONLY
The Service is available to you only in Australia, its territories, and possessions, and Content Codes may only be redeemed by your Authorised End Users in Australia. App Store Volume Content Codes may only be distributed to your Authorised End Users in Australia, but App Store Volume Content may be assigned via Managed Distribution to your Authorised End Users in any country where such Volume Content is commercially available, subject to change at any time. Your use of the VPP Service for the purchase of app content is solely with the App Store in Australia, and any subsequent downloads or assignments shall not create a separate agreement or sales transaction between you and any other iTunes entity. You agree that you shall not use the VPP Service to circumvent the laws of any country or restrictions set forth by providers of the Volume Content.
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you or the purchasing authority associated with your MAID will pay for all Volume Content you purchase through the VPP Service, that if you are using a MAID, you are authorised to make such purchases on behalf of the purchasing authority associated with your MAID, and that Apple may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Apple with a valid payment method for payment of all fees. All fees will be billed to the payment method you designate during the registration process.
Your total price will include the price of the Volume Content plus any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. We will charge tax only in states where digital goods are taxable. You understand and agree that you shall be responsible for determining and paying any taxes or levies resulting from your assignment of App Store Products to Authorised End Users in territories other than the territory in which Your VPP Apple ID is registered.
If your order is being placed on behalf of a tax-exempt organisation or individual, please contact iTunes Store Support at (http://www.apple.com/au/support/itunes/vpp/). Please be prepared to provide proof of state tax-exempt status for the state where the product is purchased.
All sales are final.
Prices for Volume Content offered via the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
If an App Store Product or iBooks Store Product becomes unavailable following a transaction but prior to initial download, your sole remedy is a refund. Should such refund be granted, Apple reserves the right to disable unused Content Codes and also the ability to assign Volume Content via Managed Distribution. If technical problems prevent or unreasonably delay delivery of your Volume Content, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Apple.
VOLUME PURCHASE PROGRAMME CREDIT
Volume Purchase Programme Credit is issued and managed by Apple Pty Limited ("Issuer").
Volume Purchase Programme Credit and unused balances are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, Gift Certificates, or iTunes Cards; used to provide Allowances; used for purchases on the Apple Online Store; or used in Apple Retail Stores. Unused balances are not transferable.
Volume Purchase Programme Credit purchased in Australia may be redeemed through the Service only in Australia.
Volume Purchase Programme Credit cash value is 1/10 of one cent.
Neither Issuer nor iTunes is responsible for lost or stolen Volume Purchase Programme Credit.
iTunes reserves the right to close accounts and request alternative forms of payment if a Volume Purchase Programme Credit is fraudulently obtained or used on the Service.
ITUNES, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO VOLUME PURCHASE PROGRAMME CREDIT, THE VOLUME PURCHASE PROGRAMME, THE APP STORE, THE IBOOKS STORE, OR THE ITUNES STORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT SUCH VOLUME PURCHASE PROGRAMME CREDIT IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH VOLUME PURCHASE PROGRAMME CREDIT. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Risk of loss and title for Volume Purchase Programme Credit transmitted electronically pass to the purchaser in Australia upon electronic transmission to the recipient.
Apple reserves the right to change content options (including eligibility for particular features) without notice.
As iTunes may audit the purchases of customers through the VPP Service to ensure that only eligible purchases have been ordered and that all purchase conditions and usage rules have been observed, you agree to keep complete and accurate records of all uses of the Volume Content you purchased. Should an audit disclose after delivery (or should Apple otherwise discover) that you were not an eligible purchaser at the time you placed your order or that you have not observed all of the conditions applicable to your purchase, iTunes may:
• Disable your VPP Apple ID or MAID;
• If you placed your order by credit card, to charge to your credit card the difference between the amount you paid for the delivered goods and the price that iTunes charged the general public for the same goods via the VPP Service, in effect on the date that you placed your order; and
• If you paid by a means other than credit card, to (a) invoice you for the difference between the amount that you paid for the delivered goods and the price that iTunes charged the general public for the same goods via the VPP Service, payable in fifteen days from the date of the invoice, and (b), should you fail to pay the invoice when due, institute legal action against you in a court of competent jurisdiction, with the prevailing party entitled to attorneys' fees.
Should iTunes not offer the specific products that you purchased through the VPP Service, your payment method will be charged or you will be invoiced the difference between the amount you paid for the delivered goods and the price that iTunes charged the general public for the closest equivalent goods via the Service, in effect on the date that you placed your order.
iTunes shall have the right to request supplementary information and audit relevant records to confirm your compliance with the Terms.
Upon completion of your purchase of Volume Content, you will be entitled to assign the specific iBooks Store Products or App Store Products that you have purchased in the quantity selected, each of which may be assigned to an iTunes or MAID account owned or controlled by you or one of your Authorised End Users or, in the case of App Store Volume Content, to a unique device owned or controlled by you or one of your Authorised End Users. This entitlement will not expire, subject to availability of the specific products. Using a VPP Apple ID with a mobile device management system ("MDM"), you will be able to invite your Authorised End Users to associate their iTunes account or device with your VPP Apple ID and, upon the Authorised End User's acceptance, you may assign iBooks Store Products and App Store Products to them or, in the case of App Store Products, to their devices. In order to receive a product, your Authorised End Users must have valid iTunes or MAID accounts (subject to acceptance of the Terms), and compatible hardware, software and Internet access.
For iBooks Store Products: You may not use the iBooks Store Product in a library-type lending scenario. YOU UNDERSTAND AND AGREE THAT THE OWNER OF THE ITUNES ACCOUNT TO WHICH AN IBOOKS STORE PRODUCT IS ASSIGNED WILL BECOME THE OWNER OF THAT PRODUCT AND SHALL BE ENTITLED TO ALL ASSOCIATED RIGHTS, SUBJECT TO THE TERMS. SUCH PRODUCTS ARE NON-TRANSFERABLE.
For App Store Products: You will retain ownership of each App Store Product regardless of whether it has been assigned to an Authorised End User's iTunes Account, MAID or a specific device ID. You may revoke the assignment and re-assign the App Store Product to another Authorised End User or device ID subject to certain programme limitations. Once you have revoked an assignment from a particular user or device, that user or device will no longer be authorised to use the App Store Product.
For VPP Apple ID purchases, iTunes may provide you with Content Codes in the quantity you specify when making your purchase, each of which may be redeemed (i) on the App Store for a specific App Store Product purchased; or (ii) on the iBooks Store for a specific iBooks Store Product purchased. The Content Codes shall be provided to you electronically via email upon execution of your purchase and such Content Codes shall immediately become active for redemption by your Authorised End Users and shall not expire, subject to availability. You and/or your Authorised End Users may redeem the Content Code only in accordance with the Terms. Each Content Code for an App Store Product must be redeemed to an iTunes account owned and controlled by your organisation or by one of your Authorised End Users. Each Content Code for an iBooks Store Product must be redeemed to an account owned or controlled by the Authorised End User. YOU UNDERSTAND AND AGREE THAT THE OWNER OF THE REDEEMING ITUNES ACCOUNT WILL BECOME (i) FOR AN APP STORE PRODUCT, THE LICENSEE OF THAT COPY OF THE PRODUCT; AND (ii) FOR AN IBOOKS STORE PRODUCT, THE OWNER OF THAT COPY OF THE PRODUCT, AND SHALL BE ENTITLED TO ALL ASSOCIATED RIGHTS. SUCH LICENSES OR PRODUCTS ARE NON-TRANSFERABLE.
You may distribute the Content Codes only to your Authorised End Users and you agree to make the following Authorised End User Terms and Conditions as applicable for the purchased content type readily available on the instrument used to distribute the Content Codes (e.g. certificate, card, email):
"Code is redeemable only on the App Store for Australia. Requires an iTunes account, subject to prior acceptance of licence and usage terms. Compatible software and hardware, and internet access (fees may apply) required. Not for resale. Full terms apply; see http://www.apple.com/legal/internet-services/itunes/ww/. For more information, see http://www.apple.com/au/support/."
"Code is redeemable only on the iBooks Store for Australia. Requires an iTunes account, subject to prior acceptance of licence and usage terms. Compatible software and hardware, and internet access (fees may apply) required. Not for resale. Full terms apply; see http://www.apple.com/legal/itunes/ww/. For more information, see http://www.apple.com/au/support/."
VOLUME CONTENT RESTRICTIONS
You may not resell or accept any form of compensation in exchange for distribution of Volume Content nor may you distribute or authorise distribution of the Volume Content to anyone other than your Authorised End Users. You shall be solely responsible for your use of the Volume Content, and for any loss or liability to the content provider or iTunes therefrom. You may not export iBooks Store or App Store Volume Content for use outside of Australia, nor represent that you have the right or ability to do so; you may, however, assign App Store Volume Content to end-users outside of Australia solely to the extent permitted by these VPP Terms. Risk of loss and transfer of title for the Volume Content pass to you upon electronic transmission to you. iTunes reserves the right to close any and all applicable iTunes accounts and request alternative forms of payment if Apple determines the Volume Content is fraudulently obtained or used. By using the VPP Service, you agree that you are acquiring Volume Content for use by you and your Authorised End Users on your behalf.
Volume Content and unused balances are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, Gift Certificates or iTunes Cards; used to provide Allowances; used for purchases on the Apple Online Store; or used in Apple Retail Stores. Unused balances are not transferable.
Volume Content is available through the Service only in Australia, but App Store Volume Content may be assigned to Authorised End Users in other jurisdictions where the App Store Volume Content is currently available.
Neither Issuer nor iTunes is responsible for lost or stolen Content Codes.
ITUNES, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO VOLUME CONTENT, THE VOLUME PURCHASE PROGRAMME FOR BUSINESS, THE APP STORE, OR THE IBOOKS STORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT ANY CONTENT CODE, OR ANY PRODUCT OTHERWISE PURCHASED AS VOLUME CONTENT IS NONFUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH CONTENT CODE OR VOLUME CONTENT. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF ANY ENTITY YOU REPRESENT, AND TO LEGALLY BIND SUCH ENTITY TO THE TERMS AND OBLIGATIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
To the extent permitted by applicable law, you agree to indemnify and hold harmless iTunes, and upon iTunes's request, defend iTunes, its directors, officers, employees, independent contractors and agents (each an "iTunes Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs, including without limitation attorneys' fees and court costs, (collectively, "Losses") incurred by an iTunes Indemnified Party and arising from or related to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty made in this Agreement; (ii) Your use of the VPP Service. In no event may you enter into any settlement or like agreement with a third party that affects iTunes's rights or binds Apple in any way, without the prior written consent of iTunes. iTunes is not responsible for typographic errors.
Last updated: 27 October, 2016
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B. ADDENDUM TO APP STORE TERMS AND CONDITIONS
You agree that your authorisation is limited to purchasing Volume Content solely for use by your Authorised End Users in accordance with the Terms. Solely as an accommodation to you, iTunes agrees to permit you to use a single Content Code to sync an App Store Product to multiple devices, up to the number of codes you have purchased (instead of having to redeem a separate code), provided that you meet the following terms:
• You agree to sync no more copies than the number of codes you purchased.
• You agree that you shall be fully responsible for any use of and any loss or harm to iTunes or third parties arising from the codes you purchased and/or sync.
• You agree to keep complete and accurate records of all uses of the codes you purchased.
• You understand that this accommodation may only be available for a limited period of time and iTunes makes no guarantee regarding forward compatibility with future versions of iOS or the availability of this accommodation for new product versions.
• iTunes shall have the right to request supplementary information and audit relevant records to confirm your compliance with these Terms.
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C. ADDENDUM TO IBOOKS STORE TERMS AND CONDITIONS
If you are an educational institution, you agree that your authorisation is limited to purchasing multiple copies of iBooks Store Products solely for use by individuals who are employees, faculty or teacher's aides (regardless of whether they are directly employed by the institution) at the institution or registered as students at your school or school district, in accordance with the iBooks Store Terms and Conditions. Solely as an accommodation to you, iTunes agrees to permit you to purchase multiple copies of the same iBooks Store Product and distribute them for redemption by persons who are either employees, faculty or teacher's aides (regardless of whether they are directly employed by the institution) at the institution or registered as students at your school or school district.
Last updated 27 October, 2016