APP STORE & ITUNES ACCOUNT BALANCE, ITUNES, APP STORE & ITUNES, AND APPLE MUSIC GIFT CARDS AND CODES, AND CONTENT CODES

The following terms and conditions are subject to statutory consumer protection laws, including the Consumer Guarantees Act 1993 (NZ) and the Competition and Consumer Act 2010 (Cth), which may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified (except to a limited extent). Any disclaimer of warranties and liability limitations applies subject to any rights you may have under such laws.

Gift Cards; App Store & iTunes Account Balance; Redemption; Add Funds:

iTunes, App Store and iTunes, and Apple Music Gift Cards and Codes are issued and are managed by Apple Pty Limited (“Apple”) and include App Store & iTunes Gift Codes (collectively “Store Credit”) that are automatically added to your store credit account (“Account”) balance when purchased directly from the iTunes Store, App Store, iBooks Store, or Apple Music (“Services”). Your Account balance represents the balance of all Store Credit that have been redeemed into your Account. When you have a Store Credit balance in your Account, purchases from the Services will first be deducted from your Account. Any unused balance will remain associated with your Account. If a purchase exceeds your Account balance, you will be asked to pay with another payment method. If your new payment method cannot cover the remaining amount, the transaction will be canceled.

APPLE ID: Use of Store Credit or Content Codes purchased in New Zealand requires an Apple ID and acceptance of the Services terms and conditions. An Apple ID is the account you use to access the Services.

Use of Account Balance: Store Credit can be loaded into your account by redeeming physical or digital gift cards into your Account balance or by adding funds to your Account balance through the Services.

You agree to not use a Store Credit in any manner that is misleading, deceptive, unfair, or otherwise harmful to Apple or its customers. We reserve the right, without notice to you, to void or deactivate Store Credit (including a portion of your Account balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use the Services, cancel or limit orders and bill alternative forms of payment if we suspect a Store Credit was obtained, used, or applied to an Apple ID fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

If you use the payment method on file with the Services to add funds to your Account balance, prior to charging the payment method on file, an authorization will occur for the amount of your purchase or reload transaction.

Restrictions: Store Credit are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts or Gift Cards; used for purchases on the Apple Online Store; or used in Apple Retail Stores. Gift Cards and Content Codes can only be used to purchase content from the Services. Unused balances are not transferable. Apple may provide you with information about the redemption status of Store Credit you purchase.

Store Credit and Content Codes purchased in New Zealand can only be redeemed into an Account in New Zealand.

If you choose to delete your Apple ID, you must spend your Account balance prior to closing the account.

Risk of Loss: Apple is not responsible for lost or stolen Store Credit or Content Codes. Risk of loss and title for Store Credit pass to the purchaser upon electronic transmission to the recipient. Risk of loss and title for Content Codes transmitted electronically pass upon electronic transmission from Apple; for avoidance of doubt, such recipient may not always be you.

Apple reserves the right to close accounts and request alternative forms of payment if a Store Credit or Content Code is fraudulently obtained or used on the Service.

Limitation of Liability; Disclaimer of Liabilities APPLE, AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO STORE CREDITS, CONTENT CODES, OR THE ITUNES STORE, APP STORE, APPLE MUSIC, OR IBOOKS STORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A STORE CREDIT OR CONTENT CODE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH STORE CREDIT OR CONTENT CODE. 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.

Waiver and Indemnity BY USING STORE CREDIT OR THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF STORE CREDIT OR THE SERVICES, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Governing Law: This Agreement and the relationship between you and Apple shall be governed by the laws of New South Wales.


Last updated: March 20, 2018