iTunes Store

TERMS OF SALE

AUSTRALIAN SALES ONLY

Purchases from the iTunes Store are available only in Australia. If you are not in Australia you may not use or attempt to use the service. iTunes may use technologies to verify such compliance.

The iTunes Store is provided by Apple Pty Limited (ABN 46 002 510 054) ("iTunes").

SALES TO END USERS ONLY

The iTunes Store sells Products to end user customers only.

CANCELLATION POLICY

All Sales are final. The iTunes Store service commences immediately when you begin to download content from the iTunes Store and you will not have a right to cancel your contract once the service commences.

TECHNICAL STEPS - 1-Click®

1-Click is a registered service mark of Amazon.com, Inc., used under license. 1-Click is a convenient feature that allows you to purchase from the iTunes Store with a single click of your mouse or other input device. When accessing the iTunes Store on your computer, 1-Click purchasing may be activated for all your transactions by selecting the "Don't ask me about buying ... again" check box in the "Are you sure you want to buy and download ... ?" dialog box that appears when a "Buy" button is clicked. (You may reset this selection at any time by clicking "Reset Warnings" in your Account.) When accessing the iTunes Store on your iPod using Wi-Fi, 1-Click is activated for each transaction by pressing the button showing the price of the Product, which reveals the "Buy" button. When 1-Click purchasing is activated, clicking the "Buy" button will start the download immediately and complete your purchase transaction without any further steps. Purchases using 1-Click are subject to these Terms of Sale, including the Cancellation Policy set forth herein. When accessing the iTunes Store on your computer, you may turn off 1-Click and instead purchase using a shopping cart by selecting "Buy using a Shopping Cart" under the "Store" tab in your preferences menu within the iTunes application. Using a shopping cart allows you to review and change the Products you have selected for purchase before completing the transaction. The shopping cart functionality is not available when accessing the iTunes Store on your iPod.

PAYMENT METHODS

The iTunes Store accepts credit and debit cards and iTunes Store Gift Certificates, iTunes Cards, and Allowances balances as forms of payment. If a credit or debit card is being used for a purchase, iTunes may obtain a pre-approval from the credit or debit card company for an amount up to the amount of the order. Billing to your credit or debit card occurs at the time of purchase or shortly thereafter. If the balance from an iTunes Store Gift Certificate, iTunes Card, or Allowance is used for an iTunes Store Purchase, the amount is deducted from your account or your iTunes Card (as the case may be) at the time of purchase. If the total amount of the purchase is greater than the balance available in your Gift Certificate, iTunes Card or Allowance, your credit card or debit card will be charged for the balance.

The iTunes Store accepts the following credit cards: Visa, MasterCard and American Express.

PLEASE NOTE:

We are unable to accept credit or debit cards issued by banks outside of Australia or prepaid gift cards issued by credit card companies.

Credit cards and cheque cards have daily spending limits that may prevent the processing of your order.

If a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another payment card.

BILLING

If you are purchasing using 1-Click, your order may be authorised and billed in gradual increments during one purchasing session as you click the “Buy Now” button. Depending on the size of your order, this may appear as multiple orders and billings on your credit card statement.

If you use the Shopping Cart functionality, you will have one order that authorises and bills as a single purchase.

PRE-ORDERS

By pre-ordering Products, you are authorizing the iTunes Store to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available, by going to your Account page and clicking Manage Pre-orders.

GOODS AND SERVICES TAX ("GST")

iTunes Store purchases are subject to GST. No customers are eligible for tax exemptions for purchases made on the iTunes Store.

GIFT CERTIFICATE PURCHASES

Gift Certificates may be redeemed for iTunes Store purchases only and are non-refundable. They cannot be used for purchases on the Apple Online Store or Apple authorised resellers. Purchases for Gift Certificates may be purchased only in whole dollar increments or designated amounts. Gift Certificates may not be used to purchase other Gift Certificates, iTunes Cards or Allowances.

iTUNES MOBILE UPGRADE PURCHASES

Purchases of the iTunes Mobile Upgrade must be made using a credit card. Gift Certificates, Allowance Accounts and iTunes Cards may not be used to purchase the iTunes Mobile Upgrade. Compatible mobile phone (sold separately by third parties) required. Actual capacity provided by the iTunes Mobile Upgrade may be limited by the available flash memory storage capacity of your mobile phone (additional flash memory storage capacity may be sold separately by third parties). Mobile service provided separately by third parties (fees may apply). iTunes 4.9 or higher required. The iTunes Mobile Upgrade may be used only with a single compatible mobile phone and is not transferable to another phone. iTunes Mobile Upgrade sale is complete upon download of the software. For additional information, please visit iTunes Mobile page and Mobile FAQ.

ALLOWANCES

Allowances are for purchases on the iTunes Store only. Allowances may not be used for purchases on the Apple Online Store or Apple authorised resellers. Allowances are non-refundable. Allowances may not be used to purchase Gift Certificates or other Allowances.

iTUNES CARDS

iTunes Cards are for purchases on the iTunes Store only. iTunes Cards may not be used for purchases on the Apple Online Store or in Apple Retail Stores. iTunes Cards are non-refundable. iTunes Cards may not be used to purchase Gift Certificates, Allowances or other iTunes Cards.

DORMANT GIFT CERTIFICATES, iTUNES CARDS AND ALLOWANCES

Gift Certificates, Allowances and iTunes Cards, and unused portions of Gift Certificates, Allowances and iTunes Cards, expire on the later of, two years from the date of issuance, and two years from the date of last activity if applied to an iTunes Store Account.

GIFTS

Gifts purchased from the iTunes Store in Australia may be purchased only for, and redeemed only by, residents of Australia. Gifts are non-refundable. Gifts may not be purchased with iTunes Cards, Gift Certificates or Allowance Accounts.

COMPLETE MY ALBUM ("CMA")

If you have acquired select songs or music videos from the iTunes Store, Apple may offer you the ability to "complete" the corresponding album (if any) by purchasing the remaining songs or music videos of the album at a price that is less than the full album price. Please note that for some albums (where the full album price equals the sum of the single prices of all its songs), completing the album using CMA does not reduce your price for the remaining songs or music videos compared to buying them individually. CMA may not be available for all songs or music videos you have acquired or will acquire from the iTunes Store, and availability of particular CMA offers is subject to change without notice. Albums that are no longer available for sale on the iTunes Store, partial albums and certain other albums are not eligible for CMA. Songs or music videos acquired through free promotions are not eligible for CMA, except in the case of certain select free content code promotions. CMA is not available for any content acquired from the iTunes Store other than songs and music videos. Except in the case of special promotions that Apple may conduct at its discretion, you will have no more than 180 days from the time you acquire your first CMA-eligible song or video off a particular CMA-eligible album to accept that CMA offer.

For more information about CMA, please read the FAQ at http://docs.info.apple.com/article.html?artnum=305232.

ITUNES PLUS

Select songs or music videos may be available on the iTunes Store in the iTunes Plus format. iTunes Plus content does not contain security technology that restricts your usage of such content, and is encoded at a higher audio bit rate than the DRM-protected songs or music videos available on the iTunes Store. iTunes Plus content also is subject to fewer Usage Rules; please see the iTunes Store Terms of Service for details.

You may upgrade, solely in a single transaction at a specified total price, all of the songs and music videos you previously have purchased from the iTunes Store that are eligible for upgrade at the time. Songs or music videos may be eligible for upgrade only if the same song or music video is available for sale on the iTunes Store in the iTunes Plus format at the time of the upgrade. The eligibility of particular songs and music videos for upgrade to iTunes Plus and your total upgrade offer are subject to change at any time. Before you upgrade, you will be shown the total price for the upgrade, and will have an opportunity to review the specific content that will be upgraded. The upgraded iTunes Plus versions of your content will replace the DRM-protected versions in your iTunes library, and the DRM-protected files will be moved to your Trash or Recycling Bin folder. For more information on how the upgrade price is calculated and details about the replacement of the DRM-protected versions, please review the FAQ (see below).

CMA may be available for iTunes Plus content, subject to the CMA terms and conditions set forth above. In order to "complete" an iTunes Plus album based on a purchase of a corresponding DRM-protected song or music video, you first must upgrade all of your eligible content to iTunes Plus, as described above. Please note that another, potentially less costly alternative may be for you simply to purchase the full iTunes Plus album, instead of using CMA. Upgrading prior purchases to iTunes Plus does not affect the time limits applicable to CMA availability.

For more information about iTunes Plus, please read the FAQ at http://phobos.apple.com/WebObjects/MZStore.woa/wa/iTunesPlusFAQPage.

iPOD GAMES

iPod Games currently available on the iTunes Store are compatible only with iPod classics, 3rd generation iPod nanos, and 5th generation (video) iPods. The Games will not function on any other device, including your personal computer. Updates to your existing compatible iPod's firmware may render your purchased version of a Game incompatible with that iPod. Games purchased from the iTunes Store may not be compatible with future generations of the iPod, and iTunes makes no guarantee of such forward compatibility.

SOFTWARE

Software products purchased from the iTunes Store are subject to purchaser’s prior acceptance of the terms of any end-user agreements or other terms and conditions required for use of such products.

UPGRADES

The latest version of the iTunes software is recommended to access the iTunes Store. From time to time, an upgrade to the latest version of the iTunes software may be required in order to make purchases from the iTunes Store, to download Products previously purchased from the iTunes Store (for example, Products in your download queue) or to take advantage of new features of the iTunes Store. The latest version of the iTunes software is available for download at no charge, and the minimum system requirements for running it are provided, at http://www.apple.com/au/itunes/download/. Use of iTunes software is subject to acceptance of its software license agreement presented at the time of installation. For any additional questions regarding required upgrades, please contact iTunes Store Customer Service (see below).

iTunes reserves the right to enhance Products purchased from the iTunes Store, including Products purchased but not yet downloaded. Among other things, such enhancements may result in larger file sizes (requiring, for example, longer download times and additional disk space for storage).

PRICES

The iTunes Store endeavours to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable GST (in effect on the day of download). iTunes reserves the right to change prices for Products offered on the iTunes Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

CONTENT AVAILABILITY

The iTunes Store makes every effort to provide a broad content offering. For this reason, iTunes reserves the right to change content options without notice. On occasion, a Product may become unavailable following purchase but prior to download. Your sole remedy in such cases is a refund of the purchase price paid for the unavailable Product. Please contact iTunes Store Customer Service for assistance in such cases (see below).

FOR ASSISTANCE WITH ORDERS - iTUNES STORE CUSTOMER SERVICE

For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here: http://www.apple.com/au/support/itunes/store/. If you cannot find the answers you are seeking in our robust knowledge base, you can send us an email by visiting the following URL http://www.apple.com/au/support/itunes/store/email/, and completing the email form. Responses to emails will be provided as soon as possible.

CONTENT USAGE RULES

Your use of any Products purchased from the iTunes Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.

OTHER TERMS AND CONDITIONS

iTunes is not responsible for typographic errors.

iTunes reserves the right to change the terms and conditions of sale at the iTunes Store at any time. Revised Terms of Sale will be made available on our website. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.

These terms and conditions and all sales on the iTunes Store are governed by the laws of New South Wales.

If any of the terms in these Terms of Sale are not valid or legally enforceable, the other terms will not be affected.

About us: Our ABN is 46 002 510 054 and our registered office is at Level 13, Capital Centre, 255 Pitt Street, Sydney NSW 2000, Australia.

View the iTunes Store Gift Certificate, iTunes Cards, Content Codes and Allowance Terms and Conditions at http://www.apple.com/legal/itunes/au/gifts.html