ProCare Details (UK)
Important
Apple Retail UK Limited (“Apple”) provides the ProCare services described herein to you (”you” or “customer”) on the following Terms and Conditions (“Terms and Conditions”). When you purchase ProCare or receive any ProCare services, you are agreeing to these Terms and Conditions.
Service Terms
Complete Set-up
ProCare customers are entitled to the set-up of their new Apple Macintosh computer (Mac). Complete Set-up includes the data transfer of files from your old computer (PC or Mac) to your new Mac. To be eligible, customers must purchase their new Mac from an Apple retail store. Your old computer must be in working condition, have an Ethernet port, and run Windows 98 or later or Mac OS 8.5 or later. We will install your additional software if you have appropriate documentation showing proof of your licence. Customers are required to complete the Complete Set-up form and consult a Mac Genius prior to dropping off their equipment.
Advance Reservations
ProCare customers are entitled to schedule standard Genius Bar reservations up to 14 days in advance. Mac Genius consultation is intended for informational purposes only and for services pursuant to Apple’s standard Mac Genius programme. Advance reservations are subject to availability, on a first-come, first-served basis. Customers are entitled to no more than three advance reservations per week.
Fast Track
ProCare customers are entitled to same-day consultation and repair drop-off services at the Genius Bar. To receive a Fast Track priority consultation with a Mac Genius, the customer must present a valid ProCare card at the Genius Bar. Fast Track is designed for quick technical consultations or repair drop-offs. Advance reservations are not necessary for Fast Track consultations, but they are recommended. Fast Track is subject to Mac Genius availability.
Rapid Repairs
ProCare customers are entitled to Rapid Repair and are given priority over standard in-store repairs. Rapid Repairs are done on a first-come, first-served basis and apply only to products that can be repaired in an Apple retail store. Additional terms and fees may apply for repair services. Please see www.apple.com/uk/retail/procare/repair/ for standard in-store repair Terms and Conditions. Certain repairs will not qualify for Rapid Repair service. See a Mac Genius for details.
Yearly Tune-up
ProCare customers are entitled to an annual preventative maintenance service tune-up for each Mac owned and registered in their name. The tune-up includes software updates for licensed Apple software where no paid upgrades are required. System diagnostics will be run to ensure your Mac and all of its components are functioning properly. Eligible Mac computers must be running Mac OS X v10.2 or later. ProCare customers are also entitled to standard LCD and keyboard cleaning.
Back-up Consultation
ProCare customers are entitled to make a reservation for an annual back-up consultation for a Mac owned and registered in their name. The consultation will provide the customer with an overview of the tools and processes involved in performing a data back-up on their Mac (“Data Back-up”) and may include recommendations for the separate purchase of additional hardware or software. Back-up consultations are intended for informational purposes only. ProCare customers are responsible for the actual back-up and integrity of their data at all times, including during a back-up consultation, and should not rely upon this consultation as a means to receive a Data Back-up from Apple. THIS IS NOT A DATA BACK-UP SERVICE.
General
ProCare is only available for separate purchase at an Apple retail store for up to three Apple Mac computers owned and registered in your name. Customers are limited to one ProCare membership per year. ProCare will be valid for one year from the date of purchase. If ProCare 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 in-store services. ProCare 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 ProCare card and another form of identification may be required before ProCare services are provided. ProCare services are not transferable. Apple reserves the right to refuse, limit or cancel any ProCare 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 ProCare 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 ProCare service is purchased, without regard to conflicts of law principles. Notwithstanding the foregoing, any ProCare service performed outside of the country where the ProCare service is purchased shall be governed by the laws of the country where the ProCare service is performed. The parties irrevocably submit to the exclusive jurisdiction of the country where the ProCare 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 PROCARE 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 ProCare 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 ProCare 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 ProCare programme is not intended to be a warranty, and any repair or service needed based on the ProCare 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 ProCare 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 PROCARE SERVICES, 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.
You acknowledge that you have not relied on or been induced to enter any agreement for the purchase of ProCare 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 PROCARE 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 PROCARE PROGRAMME OR SERVICES SHALL NOT EXCEED £77. 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.
