One to One Details (UK)
Important
Apple Retail UK Limited (“Apple”) provides the One to One services described herein to you (”you” or “customer”) on the following Terms and Conditions (“Terms and Conditions”). When you purchase One to One or receive any One to One services, you are agreeing to these Terms and Conditions.
Service Terms
One to One customers are entitled to book one-on-one personal training sessions with our available service staff in any Apple retail store. One to One personal training is intended for informational purposes only. Training can be done using your own Apple Macintosh computer (Mac), but if you do not wish to use your Mac a computer in the retail store can be used during the training session. Reservations are subject to availability on a first-come, first-served basis. Customers are limited to no more than one personal training appointment per calendar week (Monday — Sunday). Customers must book their reservations online using the Apple Store Concierge scheduling system. The system shows up to 14 days of availability. Customers may have only one upcoming reservation at any time. Personal training topics include all Apple consumer applications. Personal training for certain Apple pro applications is available in selected retail stores. Sessions start promptly at their scheduled time and instruction ends 50 minutes later, allowing up to 10 minutes for wrap-up. Arriving late to a session may result in its cancellation or rescheduling. Apple reserves the right to change the date or time of a session at any time, including replacing staff who may be scheduled to deliver the session.
General
One to One is only available for separate purchase at a Apple retail store for up to three Mac computers owned and registered in your name. Customers are limited to a single One to One membership per year. One to One will be valid for one year from the date of purchase. 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 the personal training session. One to One services are valid only at Apple retail store locations and cannot be used for service requests made through the online Apple Store, Apple Telesales (0800 039 1010), or any Apple reseller or service provider. Presentation of your One to One card and another form of identification may be required before One to One services are provided. One to One services are not transferable. Apple reserves the right to refuse, limit or cancel any One to One service and/or membership if a customer is deemed to be violent, abusive or disruptive; or has otherwise breached these Terms and Conditions. Any such refusal, limit or termination shall be without further liability to you.
You agree and understand it is necessary for Apple to collect, process and use your data in order to perform the service and support obligations under these One to One Terms and Conditions. Apple will protect your information in accordance with Apple’s Privacy Policy, available at www.apple.com/uk/legal/privacy and in accordance with the Data Protection Act 1998. If you wish to have access to the information Apple holds concerning you or if you want to make changes, go to www.apple.com/contact/myinfo to update your personal contact preferences or you may contact Apple at privacy@apple.com.
These Terms and Conditions are governed by the laws of the country where the One to One service is purchased, without regard to conflicts of law principles. Notwithstanding the foregoing, any service performed outside of the country where the One to One service is purchased shall be governed by the laws of the country where the One to One service is performed. The parties irrevocably submit to the exclusive jurisdiction of the country where the One to One service is purchased. You should keep copies of these Terms and Conditions, and any sales receipts or other materials, for your records. To the maximum extent permitted by applicable law, Apple reserves the right to substitute, cancel or add to any part of the Terms and Conditions, or end the offer, at any time without notice. A person who is not a customer of Apple has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
Data Protection and Authority
Apple and its affiliates are not liable for loss or corruption of data or your confidential, proprietary or personal information or removable media, except as required by applicable law. BEFORE YOU BRING IN YOUR MAC FOR ANY ONE TO ONE SERVICE, INCLUDING A BACK-UP CONSULTATION, YOU SHOULD MAKE A BACK-UP COPY OF YOUR DATA AND REMOVE FROM YOUR MAC ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION AND REMOVABLE MEDIA SUCH AS FLOPPY DISKS, CDS OR PC CARDS.
If any One to One service involves accessing, using or transferring data stored on your Mac, 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 Mac, 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
The One to One programme is not intended to be a warranty, and any repair or service needed based on the One to One services will be subject to any applicable warranty, extended service contract or any other applicable repair terms or conditions (including applicable fees). To the maximum extent permitted by law, and unless expressly stated otherwise, all One to One services, including any documentation, publications or other information provided therein by or on behalf of Apple to Customer, are furnished on an “AS-IS” basis without warranty of any kind as to its accuracy or completeness. OTHER THAN AS REQUIRED BY APPLICABLE LAW, 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 WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS (WHETHER EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS OR THE PROVISION OF THE ONE TO ONE SERVICES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANT-ABILITY, 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.
You acknowledge that you have not relied on or been induced to enter any agreement for the purchase of One to One by a representation, warranty or undertaking (whether contractual or otherwise) other than those expressly set out in these Terms and Conditions.
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 PROGRAMME OR SERVICES (WHETHER THROUGH NEGLIGENCE, TORT, BREACH OF CONTRACT OR OTHERWISE AND HOWEVER RISING), 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 PROGRAMME OR SERVICES SHALL NOT EXCEED £79. APPLE SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE ANY PRODUCTS OR EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA.
NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.