AppleCare+ for Apple Watch Edition
AppleCare+ for Apple Watch Hermès
New Zealand
Date prepared: 1st July, 2016
Apple Products, the AppleCare Protection Plan, AppleCare+, and New Zealand Consumer Law
When you purchase Apple hardware products, in addition to your statutory rights, including under the Consumer Guarantees Act 1993, you will receive coverage from the Apple Two-Year Limited Warranty.
By purchasing the optional AppleCare Protection Plan or AppleCare+ (“your AppleCare Plan”), you also obtain additional benefits. The terms and conditions of your AppleCare Plan are summarised below and set out in full in your original purchase receipt, your Plan Confirmation (if auto registration is not available) and in the terms contained in the Getting Started Guide (in your AppleCare Plan box or from www.apple.com/legal/sales-support/applecare/applecareplus/).
If you decide for any reason that you’d like to cancel your AppleCare Plan you can do this within 30 days after the date of your purchase (or at any time if we have materially failed to comply with our disclosure obligations under the Fair Trading Act 1986). Just visit the store you purchased the product from and they will refund the cost of your AppleCare Plan.
Summary of protections provided by New Zealand consumer law, the Apple Two-Year Limited Warranty, the AppleCare Protection Plan, and AppleCare+
New Zealand consumer law | Apple Two-Year Limited Warranty | AppleCare Protection Plan or AppleCare+ | |
Claim period for product faults | A reasonable period from date of delivery until the failure becomes apparent | Two years from date of purchase for Apple Watch Edition or Apple Watch Hermès | Three years from date of purchase for Apple Watch Edition or Apple Watch Hermès |
Global repair coverage | No | Yes (subject to availability) | Yes—If you take your Apple hardware with you when you travel and happen to need repair service, the AppleCare Protection Plan offers global repair coverage (subject to availability) |
Do it yourself parts | No | Yes | Yes (allowing you to service your own product) |
Telephone technical support | None | Two years from date of purchase for Apple Watch Edition or Apple Watch Hermès | Three years from date of purchase for Apple Watch Edition or Apple Watch Hermès |
* AppleCare+ is available for Apple Watch Edition or Apple Watch Hermès and includes the protection provided under the AppleCare Protection Plan. In addition, AppleCare+ covers accidental damage from handling on up to two (2) occasions, subject to payment of a service fee (as detailed in the Terms and Conditions).
Summary of New Zealand statutory consumer guarantees
Your rights and remedies under your AppleCare Plan operate alongside, and in addition to, your rights under New Zealand consumer law. A summary of your rights under the Consumer Guarantees Act 1993 is set out below.
Consumer guarantees in relation to goods | Consumer guarantees in relation to services |
The goods will be fit for a particular purpose and will do what we have told you they will do. | We will provide the services with reasonable care and skill. |
The goods will be of acceptable quality, reasonably durable and free of minor and major faults | The services will be fit for a particular purpose. |
The goods will arrive on time and in good conditions (if we are delivering them to you). | The services will be provided within a reasonable time and at a reasonable price. |
Under New Zealand consumer law, the remedy you are entitled to if a product fails to meet a consumer guarantee will depend on whether the failure to comply with the guarantee is serious or minor, and whether it can be fixed.
Your AppleCare Plan is provided to you by Apple Sales New Zealand. You can contact us at Apple Sales New Zealand, Level 15, 188 Quay Street, Auckland 1010; by phoning us on 0800 1 27753; or by e-mailing acpp@apple.com.
Where the failure is not serious, we may choose to offer you a refund, replacement, repair, or in the case of services, resupply. Where the failure is serious or, in the case of a product, makes that product unsafe, you can choose from one of the remedies set out below:
Remedies for serious failure with goods | Remedies for serious failure with services |
Return the product and ask for a refund. | Cancel the contract. |
Return the product and ask for an identical replacement, or one of similar value if reasonably available. | Keep the contract and negotiate a reduced price for the drop in value of the service—this may mean asking for some of your money back if you have already paid. |
Keep the product and ask for compensation for the drop in value caused by the problem. |
Where you incur extra costs from a failure relating to an Apple product you have purchased from us, we
will also pay you a reasonable amount for damage caused by any fault or for extra costs caused by the failure of the product.
If you discover a fault or failure in a product you have purchased from us, you should contact us on 0800 1 27753 or the store where you purchased your product from. Where the failure is serious, you must contact us and request a refund as soon as possible after you discover the failure otherwise you may lose your right to that refund.
You must also give us a reasonable time to repair the failure. We do not have to cover the cost of a repair if you do not contact us about the failure of the product first.
For more information about your AppleCare Plan and your rights under the Consumer Guarantees Act 1993, you can visit www.apple.com/nz/legal/statutory-warranty or www.consumeraffairs.govt.nz.
You should retain a copy of your receipt and any applicable Plan Confirmation as it forms part of your AppleCare Plan and includes important information such as the commencement date.
How Consumer Rights Affect this Plan
THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER PROTECTION LAWS AND REGULATIONS. THIS PLAN SHALL NOT PREJUDICE THE RIGHTS GRANTED BY APPLICABLE CONSUMER LAW, INCLUDING THE RIGHT TO RECEIVE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF THE NON-PERFORMANCE BY APPLE OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
1. The Plan
This service contract governs the hardware service and technical support provided to you by Apple under the above-mentioned plans (each referred to herein as the “Plan”) for an Apple Watch Edition or an Apple Watch Hermès and the Apple-branded accessories contained in its original packaging (“Covered Device”) listed on your proof of coverage document (“Plan Confirmation”).
2. When Coverage Begins and Ends
Coverage begins when you purchase the Plan. Coverage ends thirty-six (36) months from the date of retail purchase of your original Covered Device (“Plan Term”). Your Plan Confirmation will be provided to you at or about the time of purchase or sent to you automatically thereafter. The terms of this Plan, the original sales receipt for your Plan and the Plan Confirmation are each part of your service contract. To obtain a copy of your Plan Confirmation, follow the instructions and enter your Covered Device’s serial number at www.apple.com/nz/support/applecare/view. You can find the price of the Plan on the original sales receipt. Coverage under this Plan is additional to the coverage provided under applicable mandatory laws, the manufacturer’s hardware warranty and complimentary technical support.
3. What is Covered?
3.1 Hardware Service
If during the Plan Term, you submit a valid claim by notifying Apple that (i) a defect in materials and workmanship has arisen in the Covered Device, or (ii) the capacity of the Covered Device’s battery to hold an electrical charge is less than eighty percent (80%) of its original specifications, Apple will either (a) repair the defect at no charge, using new parts or parts that are equivalent to new in performance and reliability, or (b) exchange the Covered Device, with a replacement product that is new or equivalent to new in performance and reliability. All replacement products provided under this Plan will at a minimum be functionally equivalent to the original product. If Apple exchanges the Covered Device, the original product becomes Apple’s property and the replacement product is your property, with coverage for the remaining period of the Plan.
3.2 Accidental Damage from Handling
If during the Plan Term you submit a valid claim notifying Apple that the Covered Device has failed due to accidental damage from handling (“ADH”), Apple will, subject to the service fee described below, either (i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Device with a replacement product that is new or equivalent to new in performance and reliability (both individually known as a “Service Event”). ADH coverage will expire prior to the end of the Plan Term and all of Apple’s obligations to you under this section 3.2 will be fulfilled in their entirety once Apple, as a result of ADH claims, has provided to you two (2) Service Events. ADH coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional external event (e.g. drops and damage caused by liquid contact) that arises from your normal daily usage of the Covered Device as intended for such Covered Device.
Important: ADH coverage does not include (a) protection against normal wear and tear, theft, misplacement, reckless, abusive, willful or intentional conduct associated with handling and use of the Covered Device, (b) protection against any other act or result not covered by the Plan, as described in Section 4.2 below, or (c) any resultant damage to the Covered Device that arises from one or more conditions described in Section 3.2 (a) or (b). Apple may ask you to provide an explanation of where and when the accident occurred with a detailed description of the actual event. Apple will deny your claim if you fail to pay the service fee or fail to provide information relating to the accident when asked.
- Under AppleCare+ for Apple Watch Edition, you will pay a NZ$ 139 service fee including applicable tax for each ADH claim.
- Under AppleCare+ for Apple Watch Hermès, you will pay a NZ$ 139 service fee including applicable tax for each ADH claim.
Depending on your country or jurisdiction of purchase, the ADH coverage under the Plan may be provided to you as a benefit under an arrangement which Apple has entered into with the relevant insurer named in Section 13 under the country or jurisdiction that you purchased the Plan in (“Insurer”).
3.3 Technical Support
During the Plan Term, Apple will provide you with access to telephone and web-based technical support resources. Your Technical Support coverage starts on expiration of the complimentary technical support cover provided by the manufacturer, which starts on the date you purchase the Covered Device. Technical support may include assistance with installation, launch, configuration, troubleshooting, and recovery (except for data recovery), including storing, retrieving, and managing files; interpreting system error messages; and determining when hardware service is required or ADH coverage may be applicable. Apple will provide support for the then-current version of the supported software, and the prior Major Release. For purposes of this section, the term "Major Release" means a significant version of software that is commercially released by Apple in a release number format such as "1.0" or "2.0" and which is not in beta or pre-release form.
3.4 Scope of Technical Support
Under the Plan, Apple will provide technical support for the following:
(i) Covered Device,
(ii) Operating system (“OS”) and software applications that are pre-installed with the Covered Device (“Consumer Software”),
(iii) Apple-branded software applications that are designed to operate with the Covered Device, (also referred to as "Consumer Software"), and
(iv) Connectivity issues between the Covered Device and a compatible wireless device that meets the Covered Device’s connectivity specification.
4. What is not Covered?
4.1 Hardware Service and ADH Coverage Area
Under AppleCare+ for Apple Watch Edition or AppleCare+ for Apple Watch Hermès, hardware service and ADH coverage may be restricted to the country or jurisdiction where the Covered Device was originally purchased.
4.2 Hardware Coverage and ADH Coverage
(i) The Plan does not apply to installation, removal or disposal of the Covered Device, or provision of equipment while the Covered Device is being serviced.
(ii) The Plan does not apply to damage caused by (a) a product that is not the Covered Device, (b) abuse, misuse, fire, earthquake or other external causes except as described in section 3.2 above, (c) operating the Covered Device outside the permitted or intended uses described by the manufacturer, or (d) service performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”).
(iii) The Plan does not apply to a product with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer.
(iv) The Plan does not apply to Covered Device that has been lost or stolen. This Plan only applies to Covered Device returned to Apple in its entirety.
(v) The Plan does not apply to cosmetic damage to the Covered Device, including but not limited to scratches and dents that do not otherwise affect the functionality of the Covered Device.
(vi) The Plan does not apply to preventative maintenance on the Covered Device.
(vii) The Plan does not apply to defects caused by normal wear and tear or which is otherwise due to normal aging of the product, and
(viii) The Plan does not apply to a pre-existing condition on any Covered Device if you purchased the Plan after you purchased the Covered Device.
Important: Do not open the Covered Device, as damage caused as a result of opening the equipment is not covered by this Plan. Only Apple or an authorized service provider should perform service on the Covered Device.
4.3 Technical Support
(i) The Plan does not include Technical Support for issues that could be resolved by upgrading software to the then current version.
(ii) The Plan does not include Technical Support for third-party products or their effects on or interactions with the Covered Device, the OS or Consumer Software.
(iii) The Plan does not include Technical Support for your use of a computer or operating system that is not related to Consumer Software or to connectivity issues with the Covered Device.
(iv) The Plan does not include Technical Support for Apple software other than the OS or Consumer Software, as covered under the Plan.
(v) The Plan does not include Technical Support for OS software or any Apple-branded software designated as “beta”, “prerelease,” or “preview” or similarly labeled software, and
(vi) The Plan does not include Technical Support for damage to, or loss of any software or data that was residing or recorded on the Covered Device. The Plan does not cover the recovery or reinstallation of software programs and user data.
5. How to Obtain Service and Support?
You may obtain hardware services, which include those relating to ADH coverage and technical support. To obtain such services or support, please access the Apple website (www.apple.com/nz/support/) or call the telephone numer listed below. If you call, you will need to give the Apple technical support representative who answers your call the Plan Agreement Number or Covered Device serial number before you can receive assistance. You need to keep your Plan Confirmation document and the original sales receipt for your Covered Device and your Plan, as it will be required if there is any question as to your Covered Device’s eligibility for coverage.
6. Service Options
6.1 Apple will provide hardware services to you through one or more of these options:
(i) Carry-in service. Carry-in service is available for most Covered Device. Return the Covered Device to an Apple-owned retail store location or to an AASP that offers carry-in service. Service will be performed for you at the store, or the store may send the Covered Device to an Apple repair service (“ARS”) site for service. Once you are notified that service is complete, you will promptly retrieve the Covered Device.
(ii) Mail-in service. Direct mail-in service is available for most Covered Device. If Apple determines that your Covered Device is eligible for mail-in service, Apple will send you prepaid waybills (and if you no longer have the original packaging, packaging material) and you will ship the Covered Device to an ARS site in accordance with Apple’s instructions. Once service is complete, the ARS site will return the Covered Device to you. Apple will pay for shipping to and from your location if you follow all instructions.
(iii) Express Replacement Service (“ERS”) or do-it-yourself (“DIY”) parts service. ERS is available for certain Covered Device. DIY parts service is available for many Covered Device parts or accessories, and this will allow you to service your own Covered Device. If ERS or DIY parts service is available in the circumstances, the following process will apply.
(a) Service where Apple requires return of the replaced Covered Device or part. Apple may require a credit card authorization to serve as security for the retail price of the replacement Covered Device or part and applicable shipping costs. If you are not able to provide credit card authorization, service may not be available to you and Apple will offer an alternative arrangement for service. Apple will ship replacement Equipment or a part to you with installation instructions, if such are applicable, and any requirements for the return of the replaced Covered Device or part. If you follow the instructions, Apple will cancel the credit card authorization, so you will not be charged for the Covered Device or part and shipping to and from your location. If you fail to return the replaced Covered Device or part as instructed or return a replaced Covered Device or part that is ineligible for service, Apple will charge the credit card for the authorized amount.
(b) Service where Apple does not require return of the replaced product or part. Apple will ship you free of charge a replacement product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product or part.
(c) Apple is not responsible for any labor costs you incur in respect to ERS or DIY parts service. Should you require further assistance, you should contact Apple at the telephone number listed below.
6.2 Apple reserves the right to change the method by which Apple may provide repair or replacement service to you, and your Covered Device’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where you request service. Service options, parts availability and response times may vary according to country. If service is not available for the Covered Device in a country that is not the country of purchase, you may be responsible for shipping and handling charges to facilitate service to a country where service is available. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Apple may repair or exchange products and parts with comparable products and parts that comply with local standards.
7. Your Responsibilities
To receive service or support under the Plan, you agree to comply with each of the terms listed below.
(i) You will provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, if requested.
(ii) You will provide information about the symptoms and causes of the issues with the Covered Device.
(iii) You will respond to requests for information, including but not limited to the Covered Device serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Device, any error messages displayed, the actions which were taken before the Covered Device experienced the issue and the steps taken to resolve the issue.
(iv) You will follow instructions Apple gives you, including but not limited to refraining from sending Apple products and accessories that are not subject to repair or replacement service and packing the Covered Device in accordance with shipping instructions.
(v) You will update software to currently published releases prior to seeking service.
(vi) You will make sure to back up software and data residing on the Covered Device. DURING HARDWARE SERVICE, APPLE WILL DELETE THE CONTENTS OF THE COVERED DEVICE AND REFORMAT THE STORAGE MEDIA. Apple will return your Covered Device or provide a replacement as the Covered Device was originally configured, subject to applicable updates. Apple may install OS updates as part of hardware service that will prevent the Covered Device from reverting to an earlier version of the OS. Third party applications installed on the Covered Device may not be compatible or work with the Covered Device as a result of the OS update. You will be responsible for reinstalling all other software programs, data and passwords.
8. Payments
You are responsible to pay all amounts due under this Plan including taxes and other government fees.
If you purchased this Plan on an installment basis (”Installment Plan”), the installment payments must be paid before you can receive Hardware Coverage and Technical Support.
If there is an agreement in place between you and a reseller (”Payment Plan Agreement”), you can receive the Hardware Coverage and Technical Support from the time you enter into the Payment Plan Agreement. You must pay your instalments in accordance with the terms and conditions of your Payment Plan Agreement. If you have not paid any instalment arrears by the date requested in the arrears notice, the reseller may request on your behalf that Apple cancel your Plan. Apple will cancel your Plan with immediate effect on receipt of such a request from the reseller.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ITS EMPLOYEES AND AGENTS AND THE INSURER WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED DEVICE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM APPLE’S OR THE INSURER’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF APPLE AND ITS EMPLOYEES AND AGENT’S AND THE INSURER’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. APPLE SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED DEVICE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, APPLE’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED DEVICE OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Cancellation
10.1 You may cancel this Plan at any time for any reason.
(i) If there is no Payment Plan Agreement in place between you and a reseller.
If you decide to cancel this Plan, you may call Apple at the telephone number below to do so, or you may send written notice with your Plan Agreement Number to the location appropriate to your country of purchase listed in Section 13 below. You must send a copy of the Plan’s original proof of purchase with your notice. Unless local law provides otherwise, if you cancel within thirty (30) days of your Plan’s purchase, or receipt of this Plan, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan. If you cancel more than thirty (30) days after your receipt of this Plan, you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Plan Term from the Plan’s date of purchase, less (a) the applicable cancellation fee listed in Section 13 below or ten percent (10%) of the pro-rata amount, whichever is less, and (b) the value of any service provided to you under the Plan. Unless applicable local law provides otherwise, Apple may cancel this Plan (both on its own behalf and on behalf of the Insurer) for fraud or material misrepresentation. Unless applicable local law provides otherwise, Apple may also cancel this Plan if service parts for the Covered Device are not available, upon thirty (30) days prior written notice. If Apple cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.
(ii) If there is a Payment Plan Agreement in place between you and a reseller.
If you decide to cancel this Plan, you must contact the reseller and request that the reseller cancel your Plan on your behalf. If the reseller cancels your plan on your behalf within thirty (30) days of the date of purchase of your Plan, you will receive a refund from the reseller of the whole amount you paid for the plan less the value of any service provided under the Plan. If you cancel more than thirty (30) days after your receipt of this Plan, you will not be entitled to receive a refund of any payments you have made.
11. Transfer of Plan
Subject to the restrictions set forth below, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (a) you transfer to the other party the original proof of purchase, the Plan's Confirmation, the Plan’s printed materials and this service contract; (b) you notify Apple of the transfer by sending or e-mailing notice of transfer to the location appropriate for your country as listed in section 13 below, and (c) the other party accepts the terms of this service contract. When notifying Apple of the transfer, you must provide the Plan Agreement Number, the serial number of the Covered Device, and the name, address, telephone number and e-mail address of the new owner.
12. General Terms
(i) Apple may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(ii) Apple is not responsible for any failures or delays in performing under the Plan that are due to events outside Apple’s reasonable control.
(iii) You are not required to perform preventative maintenance on the Covered Device to receive service under the Plan.
(iv) This Plan is offered and valid only in the countries listed in Section 13 below. Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all states and territories, and is not available where prohibited by law.
(v) In carrying out its obligations Apple may, at its discretion and solely for the purposes of monitoring the quality of Apple’s response, record part or all of the calls between you and Apple.
(vi) You agree that any information or data disclosed to Apple under this Plan is not confidential or proprietary to you. Furthermore, you agree that Apple may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies, the Insurer or service providers in accordance with the Apple Customer Privacy Policy.
(vii) Apple has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to Apple regarding the processing of data, and Apple will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If you do not agree with the above or if you have questions regarding the processing of your data, contact Apple at the telephone numbers provided.
(viii) Apple will protect your information in accordance with Apple Customer Privacy Policy available at www.apple.com/nz/privacy/privacy-policy/. If you wish to have access to the information that Apple holds concerning you or if you want to make changes, access appleid.apple.com/nz to update your personal contact preferences or you may contact Apple at URL www.apple.com/nz/privacy/contact.
(ix) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Apple’s (and, where applicable, the Insurer’s) entire understanding with respect to the Plan.
(x) Apple is not obligated to renew this Plan. If Apple does offer to renew this Plan, it will determine the price and terms.
(xi) There is no informal dispute settlement process available under this Plan.
(xii) For Plans sold in New Zealand, “Apple” is Apple Sales New Zealand and the legal and financial obligor for Plans sold New Zealand is Apple Sales New Zealand.
(xiv) The laws of New Zealand govern this Plan.
13. New Zealand Information:
The rights described in this Plan are in addition to the statutory rights to which you may be entitled under the Consumer Guarantees Act 1993 (“CGA”). Under the CGA, you are entitled to choose a refund, a replacement, or to keep the goods (in which case we will pay an amount to cover any loss in value of the goods) where there is a serious failure or if the goods become unsafe to use. If the failure of the goods is not serious, we may choose to refund, repair or replace the goods. You are also entitled to a reasonable amount as compensation for any damage or extra costs resulting from the failure of the goods. Parties to Contract – Apple Sales New Zealand at PO Box A2629, Sydney South, NSW 1235 (“Apple”) and (for the purpose of the ADH coverage) AIG Insurance New Zealand Limited of Level 19, The AIG Building, 42 Shortland Street, Auckland, an insurance company authorized to carry on general insurance business in New Zealand (as “Insurer”). When Coverage Begins and Ends (Section 2) – the summary of protections provided by New Zealand consumer law provided to you at the time you purchased the Plan also forms part of your service contract. Cancellation (Section 10) – Cancel by sending written notice to AppleCare Administration, Apple Sales New Zealand at PO Box A2629, Sydney South, NSW 1235. If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, less (i) a cancellation fee of $50 (New Zealand Dollars) or 10 per cent of the pro-rata amount, whichever is less and (ii) the value of any service provided to you under the Plan. Transfer (Section 11) – Transfer by sending or e-mailing written notice to AppleCare Administration, Apple Sales New Zealand at PO Box A2629, Sydney South, NSW 1235 or acpp@apple.com respectively. General terms (Section 12) – This plan is offered and valid only in New Zealand. The ADH coverage is provided to you pursuant to a group insurance policy that Apple has purchased from the Insurer. Apple Sales New Zealand is the sole policyholder. For ADH coverage, the Insurer appoints Apple to provide the Service Events under section 3.2 of this Plan and covers the costs of such Service Events in excess of your service fee. The service fee is payable to, and retained by, Apple Sales New Zealand.
CONTACT US
Telephone Numbers
0800 1 27753
* Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date local and international contact information at www.apple.com/contact/phone_contacts.html. Toll-free numbers are not available in all countries.
070116 AC+ for Edition New Zealand v1.1
AppleCare+ for Apple Watch Edition
New Zealand
Apple Products, the AppleCare Protection Plan, AppleCare+, and New Zealand Consumer Law
When you purchase Apple hardware products, in addition to your statutory rights, including under the Consumer Guarantees Act 1993, you will receive coverage from the Apple One-Year Limited Warranty.
By purchasing the optional AppleCare Protection Plan or AppleCare+ (“your AppleCare Plan”), you also obtain additional benefits. The terms and conditions of your AppleCare Plan are summarised below and set out in full in your original purchase receipt, your Plan Confirmation (if auto registration is not available) and in the terms contained in the Getting Started Guide (in your AppleCare Plan box or from www.apple.com/legal/applecare).
If you decide for any reason that you’d like to cancel your AppleCare Plan you can do this within 30 days after the date of your purchase (or at any time if we have materially failed to comply with our disclosure obligations under the Fair Trading Act 1986). Just visit the store you purchased the product from and they will refund the cost of your AppleCare Plan.
Summary of protections provided by New Zealand consumer law, the Apple One-Year Limited Warranty, the AppleCare Protection Plan, and AppleCare+
New Zealand consumer law | Apple One-Year Limited Warranty | AppleCare Protection Plan or AppleCare + | |
Claim period for product faults | A reasonable period from date of delivery until the failure becomes apparent | One year from date of purchase | Three years assured from date of purchase for Mac or Apple Display or two years assured from date of purchase for Apple TV, iPad, iPhone or iPod, Apple Watch or Apple Watch Sport |
Global repair coverage | No | Yes (subject to availability) | Yes—If you take your Apple hardware with you when you travel and happen to need repair service, the AppleCare Protection Plan offers global repair coverage (subject to availability) |
Do it yourself parts | No | Yes | Yes (allowing you to service your own product) |
Telephone technical support | None | 90 days from date of purchase for iPhone, iPad and iPod 1 year from date of purchase for Apple Watch and Apple Watch Sport | Three years from date of purchase for Mac or Apple Display or two years from date of purchase for Apple TV, iPad, iPhone or iPod, Apple Watch or Apple Watch Sport |
* AppleCare+ is available for iPad, iPhone, iPod touch, Apple Watch and Apple Watch Sport and includes the protection provided under the AppleCare Protection Plan. In addition, AppleCare+ covers accidental damage from handling on up to two (2) occasions, subject to payment of a service fee (as detailed in the Terms and Conditions).
Summary of New Zealand statutory consumer guarantees
Your rights and remedies under your AppleCare Plan operate alongside, and in addition to, your rights under New Zealand consumer law. A summary of your rights under the Consumer Guarantees Act 1993 is set out below.
Consumer guarantees in relation to goods | Consumer guarantees in relation to services |
The goods will be fit for a particular purpose and will do what we have told you they will do. | We will provide the services with reasonable care and skill. |
The goods will be of acceptable quality, reasonably durable and free of minor and major faults | The services will be fit for a particular purpose. |
The goods will arrive on time and in good conditions (if we are delivering them to you). | The services will be provided within a reasonable time and at a reasonable price. |
Under New Zealand consumer law, the remedy you are entitled to if a product fails to meet a consumer guarantee will depend on whether the failure to comply with the guarantee is serious or minor, and whether it can be fixed.
Your AppleCare Plan is provided to you by Apple Sales New Zealand. You can contact us at Apple Sales New Zealand, Level 15, 188 Quay Street, Auckland 1010; by phoning us on 0800 692 7753; or by emailing acpp@apple.com.
Where the failure is not serious, we may choose to offer you a refund, replacement, repair, or in the case of services, resupply. Where the failure is serious or, in the case of a product, makes that product unsafe, you can choose from one of the remedies set out below:
Remedies for serious failure with goods | Remedies for serious failure with services |
Return the product and ask for a refund. | Cancel the contract. |
Return the product and ask for an identical replacement, or one of similar value if reasonably available. | Keep the contract and negotiate a reduced price for the drop in value of the service—this may mean asking for some of your money back if you have already paid. |
Keep the product and ask for compensation for the drop in value caused by the problem. |
Where you incur extra costs from a failure relating to an Apple product you have purchased from us, we will also pay you a reasonable amount for damage caused by any fault or for extra costs caused by the failure of the product.
If you discover a fault or failure in a product you have purchased from us, you should contact us on 0800 692 7753 or the store where you purchased your product from. Where the failure is serious, you must contact us and request a refund as soon as possible after you discover the failure otherwise you may lose your right to that refund.
You must also give us a reasonable time to repair the failure. We do not have to cover the cost of a repair if you do not contact us about the failure of the product first.
For more information about your AppleCare Plan and your rights under the Consumer Guarantees Act 1993, you can visit www.apple.com/nz/legal/statutory-warranty or www.consumeraffairs.govt.nz.
You should retain a copy of your receipt and any applicable Plan Confirmation as it forms part of your AppleCare Plan and includes important information such as the commencement date.
How Consumer Rights Affect this Plan
THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER PROTECTION LAWS AND REGULATIONS. THIS PLAN SHALL NOT PREJUDICE THE RIGHTS GRANTED BY APPLICABLE CONSUMER LAW, INCLUDING THE RIGHT TO RECEIVE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF THE NON-PERFORMANCE BY APPLE OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
1. The Plan
This service contract governs the hardware service and technical support provided to you by Apple under the above-mentioned plan (referred to herein as the “Plan”) for an Apple Watch Edition and the accessories contained in its original packaging (“Covered Device”) listed on your proof of coverage document (“Plan Confirmation”).
2. When Coverage Begins and Ends
Coverage begins when you purchase the Plan. Coverage ends thirty-six (36) months from the date of retail purchase of your original Covered Device (“Plan Term”). Your Plan Confirmation will be provided to you at or about the time of purchase or sent to you automatically thereafter. The terms of this Plan, the original sales receipt for your Plan and the Plan Confirmation are each part of your service contract. To obtain a copy of your Plan Confirmation, follow the instructions and enter your Covered Device’s serial number at www.apple.com/support/applecare/view. You can find the price of the Plan on the original sales receipt. Coverage under this Plan is additional to the coverage provided under applicable mandatory laws, the manufacturer’s hardware warranty and complimentary technical support.
3. What is Covered?
3.1 Hardware Service
If during the Plan Term, you submit a valid claim by notifying Apple that (i) a defect in materials and workmanship has arisen in the Covered Device, or (ii) the capacity of the Covered Device’s battery to hold an electrical charge is less than eighty percent (80%) of its original specifications, Apple will either (a) repair the defect at no charge, using new parts or parts that are equivalent to new in performance and reliability, or (b) exchange the Covered Device, with a replacement product that is new or equivalent to new in performance and reliability. All replacement products provided under this Plan will at a minimum be functionally equivalent to the original product. If Apple exchanges the Covered Device, the original product becomes Apple’s property and the replacement product is your property, with coverage for the remaining period of the Plan.
3.2 Accidental Damage from Handling
If during the Plan Term you submit a valid claim notifying Apple that the Covered Device has failed due to accidental damage from handling (“ADH”), Apple will, subject to the service fee described below, either (i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Device with a replacement product that is new or equivalent to new in performance and reliability (both individually known as a “Service Event”). ADH coverage will expire prior to the end of the Plan Term and all of Apple’s obligations to you under this section 3.2 will be fulfilled in their entirety once Apple, as a result of ADH claims, has provided to you two (2) Service Events. ADH coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional external event (e.g. drops and damage caused by liquid contact other than as a result of defect in material and workmanship) that arises from your normal daily usage of the Covered Device as intended for such Covered Device.
Important: ADH coverage does not include (a) protection against normal wear and tear, theft, misplacement, reckless, abusive, willful or intentional conduct associated with handling and use of the Covered Device, (b) protection against any other act or result not covered by the Plan, as described in Section 4.2 below, or (c) any resultant damage to the Covered Device that arises from one or more conditions described in Section 3.2 (a) or (b). Apple may ask you to provide an explanation of where and when the accident occurred with a detailed description of the actual event. Apple will deny your claim if you fail to pay the service fee or fail to provide information relating to the accident when asked.
- Under AppleCare+ for Apple Watch Edition, you will pay a A$1500 / HK$7800 / NZ$1700 / SGD$1500 service fee including applicable tax for each ADH claim.
Depending on your country or jurisdiction of purchase, the ADH coverage under the Plan may be provided to you as a benefit under an arrangement which Apple has entered into with the relevant insurer named in Section 12 under the country or jurisdiction that you purchased the Plan in (“Insurer”).
3.3 Technical Support
During the Plan Term, Apple will provide you with access to telephone and web-based technical support resources. Your Technical Support coverage starts on expiration of the complimentary technical support cover provided by the manufacturer, which starts on the date you purchase the Covered Device. Technical support may include assistance with installation, launch, configuration, troubleshooting, and recovery (except for data recovery), including storing, retrieving, and managing files; interpreting system error messages; and determining when hardware service is required or ADH coverage may be applicable. Apple will provide support for the then-current version of the supported software, and the prior Major Release. For purposes of this section, the term "Major Release" means a significant version of software that is commercially released by Apple in a release number format such as "1.0" or "2.0" and which is not in beta or pre-release form.
3.4 Scope of Technical Support
Under the Plan, Apple will provide technical support for the following:
(i) Covered Device,
(ii) Operating system (“OS”) and software applications that are pre-installed with the Covered Device (“Consumer Software”),
(iii) Apple-branded software applications that are designed to operate with the Covered Device, (also referred to as "Consumer Software"), and
(iv) Connectivity issues between the Covered Device and a compatible wireless device that meets the Covered Device’s connectivity specification.
4. What is not Covered?
4.1 Hardware Service and ADH Coverage Area.
Under AppleCare+ for Apple Watch Edition, hardware service and ADH coverage may be restricted to the country or jurisdiction where the Covered Device was originally purchased.
4.2 Hardware Coverage and ADH Coverage.
(i) The Plan does not apply to installation, removal or disposal of the Covered Device, or provision of equipment while the Covered Device is being serviced.
(ii) The Plan does not apply to damage caused by (a) a product that is not the Covered Device, (b) abuse, misuse, fire, earthquake or other external causes except as described in section 3.2 above, (c) operating the Covered Device outside the permitted or intended uses described by the manufacturer, or (d) service performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”).
(iii) The Plan does not apply to a product with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer.
(iv) The Plan does not apply to Covered Device that has been lost or stolen. This Plan only applies to Covered Device returned to Apple in its entirety.
(v) The Plan does not apply to cosmetic damage to the Covered Device, including but not limited to scratches and dents that do not otherwise affect the functionality of the Covered Device.
(vi) The Plan does not apply to preventative maintenance on the Covered Device.
(vii) The Plan does not apply to defects caused by normal wear and tear or which is otherwise due to normal aging of the product, and
(viii) The Plan does not apply to a pre-existing condition on any Covered Device if you purchased the Plan after you purchased the Covered Device.
Important: Do not open the Covered Device, as damage caused as a result of opening the equipment is not covered by this Plan. Only Apple or an authorized service provider should perform service on the Covered Device.
4.3 Technical Support.
(i) The Plan does not include Technical Support for issues that could be resolved by upgrading software to the then current version.
(ii) The Plan does not include Technical Support for third-party products or their effects on or interactions with the Covered Device, the OS or Consumer Software.
(iii) The Plan does not include Technical Support for your use of a computer or operating system that is not related to Consumer Software or to connectivity issues with the Covered Device.
(iv) The Plan does not include Technical Support for Apple software other than the OS or Consumer Software, as covered under the Plan.
(v) The Plan does not include Technical Support for OS software or any Apple-branded software designated as “beta”, “prerelease,” or “preview” or similarly labeled software, and
(vi) The Plan does not include Technical Support for damage to, or loss of any software or data that was residing or recorded on the Covered Device. The Plan does not cover the recovery or reinstallation of software programs and user data.
5. How to Obtain Service and Support?
You may obtain hardware services, which include those relating to ADH coverage and technical support. To obtain such services or support, please access the Apple website (www.apple.com/support/country/) or call the telephone number listed below. If you call, you will need to give the Apple technical support representative who answers your call the Plan Agreement Number or Covered Device serial number before you can receive assistance. You need to keep your Plan Confirmation document and the original sales receipt for your Covered Device and your Plan, as it will be required if there is any question as to your Covered Device’s eligibility for coverage.
6. Service Options.
6.1 Apple will provide hardware services to you through one or more of these options:
(i) Carry-in service. Carry-in service is available for most Covered Device. Return the Covered Device to an Apple-owned retail store location or to an AASP that offers carry-in service. Service will be performed for you at the store, or the store may send the Covered Device to an Apple repair service (“ARS”) site for service. Once you are notified that service is complete, you will promptly retrieve the Covered Device.
(ii) Mail-in service. Direct mail-in service is available for most Covered Device. If Apple determines that your Covered Device is eligible for mail-in service, Apple will send you prepaid way bills (and if you no longer have the original packaging, packaging material) and you will ship the Covered Device to an ARS site in accordance with Apple’s instructions. Once service is complete, the ARS site will return the Covered Device to you. Apple will pay for shipping to and from your location if you follow all instructions.
(iii) Express Replacement Service (“ERS”) or do-it-yourself (“DIY”) parts service. ERS is available for certain Covered Device. DIY parts service is available for many Covered Device parts or accessories, and this will allow you to service your own Covered Device. If ERS or DIY parts service is available in the circumstances, the following process will apply.
(a) Service where Apple requires return of the replaced Covered Device or part. Apple may require a credit card authorization to serve as security for the retail price of the replacement Covered Device or part and applicable shipping costs. If you are not able to provide credit card authorization, service may not be available to you and Apple will offer an alternative arrangement for service. Apple will ship replacement Equipment or a part to you with installation instructions, if such are applicable, and any requirements for the return of the replaced Covered Device or part. If you follow the instructions, Apple will cancel the credit card authorization, so you will not be charged for the Covered Device or part and shipping to and from your location. If you fail to return the replaced Covered Device or part as instructed or return a replaced Covered Device or part that is ineligible for service, Apple will charge the credit card for the authorized amount.
(b) Service where Apple does not require return of the replaced product or part. Apple will ship you free of charge a replacement product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product or part.
(c) Apple is not responsible for any labor costs you incur in respect to ERS or DIY parts service. Should you require further assistance, you should contact Apple at the telephone number listed below.
6.2 Apple reserves the right to change the method by which Apple may provide repair or replacement service to you, and your Covered Device’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where you request service. Service options, parts availability and response times may vary according to country. If service is not available for the Covered Device in a country that is not the country of purchase, you may be responsible for shipping and handling charges to facilitate service to a country where service is available. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Apple may repair or exchange products and parts with comparable products and parts that comply with local standards.
7. Your Responsibilities
To receive service or support under the Plan, you agree to comply with each of the terms listed below.
(i) You will provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, if requested.
(ii) You will provide information about the symptoms and causes of the issues with the Covered Device.
(iii) You will respond to requests for information, including but not limited to the Covered Device serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Device, any error messages displayed, the actions which were taken before the Covered Device experienced the issue and the steps taken to resolve the issue.
(iv) You will follow instructions Apple gives you, including but not limited to refraining from sending Apple products and accessories that are not subject to repair or replacement service and packing the Covered Device in accordance with shipping instructions.
(v) You will update software to currently published releases prior to seeking service.
(vi) You will make sure to back up software and data residing on the Covered Device. DURING HARDWARE SERVICE, APPLE WILL DELETE THE CONTENTS OF THE COVERED DEVICE AND REFORMAT THE STORAGE MEDIA. Apple will return your Covered Device or provide a replacement as the Covered Device was originally configured, subject to applicable updates. Apple may install OS updates as part of hardware service that will prevent the Covered Device from reverting to an earlier version of the OS. Third party applications installed on the Covered Device may not be compatible or work with the Covered Device as a result of the OS update. You will be responsible for reinstalling all other software programs, data and passwords.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ITS EMPLOYEES AND AGENTS AND THE INSURER WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED DEVICE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM APPLE’S OR THE INSURER’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF APPLE AND ITS EMPLOYEES AND AGENT’S AND THE INSURER’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. APPLE SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED DEVICE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, APPLE’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED DEVICE OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Cancellation
You may cancel this Plan at any time for any reason. If you decide to cancel this Plan, you may call Apple at the telephone number below to do so, or you may send or fax written notice with your Plan Agreement Number to the location appropriate to your country of purchase listed in Section 12 below. You must send a copy of the Plan’s original proof of purchase with your notice. Unless local law provides otherwise, if you cancel within thirty (30) days of your Plan’s purchase, or receipt of this Plan, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan. If you cancel more than thirty (30) days after your receipt of this Plan, you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Plan Term from the Plan’s date of purchase, less (a) the applicable cancellation fee listed in Section 12 below or ten percent (10%) of the pro-rata amount, whichever is less, and (b) the value of any service provided to you under the Plan. Unless applicable local law provides otherwise, Apple may cancel this Plan (both on its own behalf and on behalf of the Insurer) for fraud or material misrepresentation. Unless applicable local law provides otherwise, Apple may also cancel this Plan if service parts for the Covered Device are not available, upon thirty (30) days prior written notice. If Apple cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.
10. Transfer of Plan
Subject to the restrictions set forth below, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (a) you transfer to the other party the original proof of purchase, the Plan's Confirmation, the Plan’s printed materials and this service contract; (b) you notify Apple of the transfer by sending, faxing or e-mailing notice of transfer to the location appropriate for your country as listed in section 12 below, and (c) the other party accepts the terms of this service contract. When notifying Apple of the transfer, you must provide the Plan Agreement Number, the serial number of the Covered Device, and the name, address, telephone number and email address of the new owner.
11. General Terms
(i) Apple may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(ii) Apple is not responsible for any failures or delays in performing under the Plan that are due to events outside Apple’s reasonable control.
(iii) You are not required to perform preventative maintenance on the Covered Device to receive service under the Plan.
(iv) This Plan is offered and valid only in the countries listed in Section 12 below. Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all states and territories, and is not available where prohibited by law.
(v) In carrying out its obligations Apple may, at its discretion and solely for the purposes of monitoring the quality of Apple’s response, record part or all of the calls between you and Apple.
(vi) You agree that any information or data disclosed to Apple under this Plan is not confidential or proprietary to you. Furthermore, you agree that Apple may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies, the Insurer or service providers in accordance with the Apple Customer Privacy Policy.
(vii) Apple has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to Apple regarding the processing of data, and Apple will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If you do not agree with the above or if you have questions regarding the processing of your data, contact Apple at the telephone numbers provided.
(viii) Apple will protect your information in accordance with Apple Customer Privacy Policy available at http://www.apple.com/legal/privacy/. If you wish to have access to the information that Apple holds concerning you or if you want to make changes, access URL https://appleid.apple.com to update your personal contact preferences or you may contact Apple at URL www.apple.com/privacy/contact.
(ix) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Apple’s (and, where applicable, the Insurer’s) entire understanding with respect to the Plan.
(x) Apple is not obligated to renew this Plan. If Apple does offer to renew this Plan, it will determine the price and terms.
(xi) There is no informal dispute settlement process available under this Plan.
(xii) For Plans sold in Australia, Hong Kong, New Zealand or Singapore, “Apple” is the entity listed in section 12 below and the legal and financial obligor for Plans sold in Australia, Hong Kong, New Zealand and Singapore is the entity listed in Section 12 below.
(xiv) The governing law of this Plan will be the law of the country listed in section 12 below for the country in which the Plan was purchased.
12. Country and Jurisdiction Variations
The following country and jurisdiction variations will control if inconsistent with any other provisions of this Plan:
Australia: The rights described in this Plan in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Parties to Contract – Apple Pty Limited at PO Box A2629, Sydney South, NSW, 1235 (“Apple”) and (for the purpose of the ADH coverage) AIG Australia Limited (ABN 93 004 727 753, AFS Licence No 381686) of Level 12 717 Bourke Street Docklands Vic 3008 (as "Insurer") – Cancellation (Section 9) – Cancel by sending written notice to AppleCare Administration, Apple Pty Limited at PO Box A2629, Sydney South, NSW 1235. If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, less (i) a cancellation fee of $50 (Australia Dollars) or 10 percent of the pro-rata amount, whichever is less and (ii) the value of any service provided to you under the Plan. Transfer (Section 10) – Transfer by sending written notice to AppleCare Administration, Apple Pty Limited at PO Box A2629, Sydney South, NSW, 1235. General Terms (Section 11) – This plan is offered and valid only in Australia. The ADH coverage is provided to you pursuant to a group insurance policy that Apple Pty Limited has purchased from the Insurer. For ADH coverage, the Insurer has provided you with a Product Disclosure Statement (PDS). A copy of the PDS can also be accessed at www.apple.com/legal/sales-support/applecare/applecareplus/docs/applecareplus_au_pds.html and form part of the coverage under 3.2. The Insurer appoints Apple to provide the Service Events under section 3.2 of this Plan and covers the costs of such Service Events in excess of your service fee. For ADH coverage cancellation within the 30 days of purchase as set out in this Plan incorporates and is subject to the cooling off rights under the Corporations Act (2001) (Cth) for a general insurance product.
Apple Pty Limited operates as a Group Purchasing Body under ASIC Class Order CO/081. As a Group Purchasing entity, Apple is obliged to provide you with a disclosure statement which can be accessed at /legal/sales-support/applecare/applecareplus/docs/applecareplus_au_pn.html. Apple is not authorised to provide any financial advice in respect of the ADH.
The governing law for the Plan is the law in the State of New South Wales whose courts have non-exclusive jurisdiction to hear any disputes between the parties to this Plan.
Hong Kong: Parties to Contract – Apple Asia Limited of 2401 Tower One, Times Square, Causeway Bay, Hong Kong (“Apple”) and (for the purpose of the ADH coverage) AIG Insurance Hong Kong Limited of 46F, One Island East, 18 Westlands Road, Hong Kong (as “Insurer”), an insurance company authorized to carry on general insurance business in and from Hong Kong under the Hong Kong Insurance Companies Ordinance and regulated by the Office of the Commissioner of Insurance. Cancellation (Section 9) – Cancel by sending written notice to AppleCare Administration, Apple Asia Limited of 2401 Tower One, Times Square, Causeway Bay, Hong Kong. If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, less (i) a cancellation fee of $195 (Hong Kong Dollars) or 10 percent of the pro-rata amount, whichever is less and (ii) the value of any service provided to you under the Plan. Transfer (Section 10) – Transfer by sending written notice to AppleCare Administration, Apple Asia Limited of 2401 One Tower One, Times Square, Causeway Bay, Hong Kong. General Terms (Section 11) – This plan is offered and valid only in Hong Kong. The laws of the Special Administrative Region of Hong Kong govern this Plan. In Hong Kong, Apple is the obligor in relation to all obligations under this Plan apart from the ADH coverage. For ADH coverage, the Insurer appoints Apple to provide the Service Events under section 3.2 of this Plan and covers the costs of such Service Events in excess of your service fee.
New Zealand: The rights described in this Plan are in addition to the statutory rights to which you may be entitled under the Consumer Guarantees Act 1993 (“CGA”). Under the CGA, you are entitled to choose a refund, a replacement, or to keep the goods (in which case we will pay an amount to cover any loss in value of the goods) where there is a serious failure or if the goods become unsafe to use. If the failure of the goods is not serious, we may choose to refund, repair or replace the goods. You are also entitled to a reasonable amount as compensation for any damage or extra costs resulting from the failure of the goods. Parties to Contract – Apple Sales New Zealand at PO Box A2629, Sydney South, NSW 1235 (“Apple”) and (for the purpose of the ADH coverage) AIG Insurance New Zealand Limited of Level 19, The AIG Building, 42 Shortland Street, Auckland, an insurance company authorized to carry on general insurance business in New Zealand (as “Insurer”). When Coverage Begins and Ends (Section 2) – the summary of protections provided by New Zealand consumer law provided to you at the time you purchased the Plan also forms part of your service contract. Cancellation (Section 9) – Cancel by sending written notice to AppleCare Administration, Apple Sales New Zealand at PO Box A2629, Sydney South, NSW 1235. If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, less (i) a cancellation fee of $50 (New Zealand Dollars) or 10 per cent of the pro-rata amount, whichever is less and (ii) the value of any service provided to you under the Plan. Transfer (Section 10) – Transfer by sending written notice to AppleCare Administration, Apple Sales New Zealand at PO Box A2629, Sydney South, NSW 1235. General terms (Section 11) – This plan is offered and valid only in New Zealand. The ADH coverage is provided to you pursuant to a group insurance policy that Apple has purchased from the Insurer. Apple Sales New Zealand is the sole policyholder. For ADH coverage, the Insurer appoints Apple to provide the Service Events under section 3.2 of this Plan and covers the costs of such Service Events in excess of your service fee. The service fee is payable to, and retained by, Apple Sales New Zealand. The laws of New Zealand govern this Plan.
Singapore: Parties to Contract – Apple South Asia Pte. Ltd. of 7 Ang Mo Kio Street 64, Singapore, 569086 (“Apple”) and (for the purpose of the ADH coverage) AIG Asia Pacific Insurance Pte. Ltd. of 78 Shenton Way #09-16 Singapore 079120 (as “Insurer”), an insurance company authorized to carry on general insurance business in Singapore. Cancellation (Section 9) – Cancel by sending written notice to AppleCare Administration, Apple South Asia Pte. Ltd. of 7 Ang Mo Kio Street 64, Singapore 569086. If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, less (i) a cancellation fee of $45 (Singapore Dollars) or 10 per cent of the pro-rata amount, whichever is less and (ii) the value of any service provided to you under the Plan. Transfer (Section 10) – Transfer by sending written notice to AppleCare Administration, Apple South Asia Pte. Ltd. of 7 Ang Mo Kio Street 64, Singapore 569086. General terms (Section 11) – This plan is offered and valid only in Singapore. The laws of the Republic of Singapore govern this Plan. The ADH coverage is provided to you pursuant to a group insurance policy that Apple South Asia Pte. Ltd. has purchased from the Insurer.
CONTACT US
Australia
1-300-321-456
Monday - Friday 9:00 am – 9:00 pm
Saturday 9:00 am – 6:00 pm Australian eastern standard time*
Hong Kong
2112-0099
Monday - Friday 9:00 am – 9:00 pm
Saturday 9:00 am – 6:00pm Hong Kong time zone*
New Zealand
00800-7666-7666
Monday - Friday 9:00 am – 9:00 pm
Saturday 11:00 am – 8:00 pm New Zealand standard time*
Singapore
800-186-1087 or (65) 6835-1812
Monday - Friday 9:00 am – 9:00 pm
Saturday 9:00 am – 6:00 pm Singapore time zone*
* Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date local and international contact information at www.apple.com/contact/phone_contacts.html. Toll-free numbers are not available in all countries.
052715 AC+ for Edition APAC English V 1.0