Apple AppleCare Protection Plan for Mac: Terms and Conditions

AppleCare Protection Plan for Mac (“APP for Mac”)

AppleCare Protection Plan for iPod (“APP for iPod”)

AppleCare Protection Plan for Apple Display (“APP for Apple Display”)

AppleCare Protection Plan for Apple TV (“APP for Apple TV”)

Europe/Middle East/Africa

Terms and Conditions

How Consumer Rights Affect this Plan

FOR CONSUMERS, WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR

COUNTRIES, THE BENEFITS CONFERRED BY THE ABOVE-MENTIONED PLANS ARE IN ADDITION TO ALL

RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.

NONE OF THE TERMS OF THIS PLAN WILL BE DETRIMENTAL TO THE RIGHTS GRANTED TO CONSUMERS

BY APPLICABLE MANDATORY RULES, INCLUDING BUT NOT LIMITED TO THE RIGHT TO CLAIM FOR

THE APPLICATION OF THE REMEDIES SET FORTH BY WARRANTY RULES AND THE RIGHT TO CLAIM

FOR THE REIMBURSEMENTS OF DAMAGES IN CASE OF FULL OR PARTIAL BREACH OR NOT-CORRECT

FULFILLMENT BY APPLE OF ITS CONTRACTUAL OBLIGATIONS. FOR FURTHER INFORMATION PLEASE

REFER TO SECTION 12 (“Country Variation”) BELOW.

1. The Plan

This service contract governs the hardware services and technical support provided to you by

Apple Distribution International or its successor in title (“Apple”) under the above-mentioned

plans (each referred to herein as the “Plan”) for the Apple-branded product and the accessories

contained in its original packaging (“Covered Equipment”) listed on your proof of coverage

document (“Plan Confirmation”).

2. When Coverage Begins and Ends

Coverage begins when you purchase the Plan and ends on the date specified in your Plan

Confirmation (“Coverage Period”). To obtain your Plan Confirmation, register your Covered

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7. Your Responsibilities

To receive service or support under the Plan, you agree to comply with the following:

(i) Provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, if

requested;

(ii) Provide information about the symptoms and causes of the issues with the Covered Equipment;

(iii) Respond to requests for information, including but not limited to the Covered Equipment serial

number, model, version of the operating system and software installed, any peripherals devices

connected or installed on the Covered Equipment, any error messages displayed, actions taken

before the Covered Equipment experienced the issue and steps taken to resolve the issue;

(iv) 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 Equipment in accordance with shipping instructions;

(v) Update software to currently published releases prior to seeking service; and

(vi) Make sure to backup software and data residing on the Covered Equipment. APPLE MAY

REINSTALL THE COVERED EQUIPMENT’S ORIGINAL SOFTWARE CONFIGURATION AND

SUBSEQUENT UPDATE RELEASES WHILE PERFORMING SERVICE, WHICH WILL RESULT IN THE

DELETION OF ALL SOFTWARE AND DATA THAT RESIDED ON THE COVERED EQUIPMENT PRIOR

TO SERVICE. DURING APP FOR IPOD SERVICE, APPLE WILL DELETE THE CONTENTS OF THE IPOD

AND REFORMAT THE STORAGE MEDIA. Apple will return your iPod or provide a replacement

iPod as the iPod was originally configured, subject to applicable updates. Apple may install iPod

OS updates as part of hardware service that will prevent the iPod from reverting to an earlier

version of the iPod OS. Third party applications installed on the iPod may not be compatible or

work with the iPod as a result of the iPod OS update. You will be responsible for reinstalling all

other software programs, data and passwords.

8. Limitation of Liability

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. NOTHING IN THIS PLAN SHALL

PREJUDICE CONSUMER RIGHTS GRANTED BY THE APPLICABLE MANDATORY LAWS, INCLUDING

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CONSUMER RIGHTS TO SEEK DAMAGES IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR

INADEQUATE PERFORMANCE BY APPLE OF ANY OF ITS CONTRACTUAL OBLIGATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ITS EMPLOYEES AND

AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER

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 OBLIGATIONS UNDER THIS PLAN. TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF APPLE AND ITS EMPLOYEES

AND AGENT’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 EQUIPMENT 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. NOTHING IN THIS

AGREEMENT SHALL EXCLUDE OR LIMIT APPLE’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY

CAUSED BY ITS NEGLIGENCE, OR (II) FRAUD).

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 EQUIPMENT OR

SUPPLY OF THE SERVICE. SOME COUNTRIES, 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, call Apple

at the telephone number listed in the Getting Started Guide, or send or fax written notice with

your Plan Agreement Number to Apple Customer Support, Hollyhill Industrial Estate, Hollyhill,

Cork, Republic of Ireland (fax number: +353-(0)21-428-3917). A copy of the Plan’s original proof of

purchase must accompany your notice. Unless local law provides otherwise, if you cancel within

thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs

later, you will receive a full refund less the value of any service provided under the Plan. Unless

local law provides otherwise, if you cancel more than thirty (30) days after your receipt of this

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Plan, you will receive a pro rata refund of the original purchase price, based on the percentage of

unexpired Coverage Period 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. This cancellation fee will not be

applicable when cancellation is based on a statutory Consumer right of withdrawal or consumer

right of return (such as during a statutory cooling off period). Unless applicable local law provides

otherwise, Apple may cancel this Plan for fraud or material misrepresentation. Unless applicable

local law provides otherwise, Apple may also cancel this Plan if service parts for the Covered

Equipment become unavailable, 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

(i) With Transfer of Covered Equipment to New Owner. 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) the transfer includes the original Proof of Purchase, the

Plan’s Confirmation and all of the Plan’s packaging material, including printed materials and

these Terms and Conditions; (b) you notify Apple of the transfer by sending or faxing notice

of transfer to Apple Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of

Ireland (fax number: +353 (0)21 428 3917; and (c) the party receiving the Plan accepts the

Terms and Conditions of the Plan. When notifying Apple of the transfer of the Plan, you must

provide the Plan Agreement Number, the serial number of the Covered Equipment being

transferred and the name, address, telephone number and email address of the new owner.

(ii) With Transfer From Original Covered Equipment to New Covered Equipment. You may make a

one time, permanent transfer of the coverage under the Plan to a new Apple product that

is owned and purchased by you within thirty (30) days of the Covered Equipment purchase.

The new product must be eligible for coverage under the Plan and at the time of transfer

both products must be covered under the Apple one (1) year limited warranty. Apple

will issue a Plan Confirmation for the new product, which will then become the Covered

Equipment. When notifying Apple of the transfer, you must provide the Plan Agreement

Number, the serial numbers and Proof of Purchase of the products being transferred by

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sending or faxing, where available, notice of transfer to Apple as set forth in the section

immediately above.

11. General

(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 Equipment to

receive service under the Plan.

(iv) This Plan is offered and valid only if you are a resident of a country in which Apple or its

affiliated companies offers the Plan that are set forth here:

http://www.apple.com/legal/applecare/countrylist.html. This Plan is not offered to persons

who have not reached the age of majority. This Plan 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 or service providers located in countries where data protection laws may be less

comprehensive than your country of residence, including but not limited to Australia, Canada,

countries of the European Union, India, Japan, the People’s Republic of China and the U.S.

(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 how your data may be impacted by being processed in this way, contact Apple at

the telephone numbers provided in the Guide.

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(viii) Apple will protect your information in accordance with Apple Customer Privacy Policy

available at URL www.apple.com/legal/warranty/privacy. If you wish to have access to

the information that Apple holds concerning you or if you want to make changes, access

URL www.apple.com/contact/myinfo to update your personal contact preferences or you

may contact Appl’s European data controller at privacyeurope@apple.com.

(ix) The terms of the Plan, including the original sales receipt of the Plan and the Plan

Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or

other document, and constitute your and Apple’s entire understanding with respect to the

Plan.

(x) You must purchase and register the Plan while your Covered Equipment is within Apple’s One

Year Limited warranty. Apple is not obligated to renew this Plan. If Apple does offer a renewal,

it will determine the price and terms.

(xi) There is no informal dispute settlement process available under this Plan.

(xii) The financial obligations of this Plan are backed by Apple Distribution International, Hollyhill

Industrial Estate, Hollyhill, Cork, Republic of Ireland. Should Apple Distribution International

fail to meet those obligations, Apple Operations Europe, a company registered under the laws

of the Republic of Ireland, would assume such obligations.

(xiii) In the event any section or portion of a section of these terms and conditions are deemed

invalid, void or unenforceable, that section or portion of a section shall be severed from these

terms and conditions, and the remaining terms and conditions shall continue in full force and

effect.

(xiv) These terms and conditions shall be governed by and construed under the laws of the

country in which the Plan was purchased. This choice of law does not include the conflicts

of laws provisions thereof nor the UN Sales Convention. (xv) There is no deductible payment

due in respect of a claim made under this Plan.

(xvi) The Plan will not be cancelled due to pre-existing conditions in the Covered Equipment that

are eligible for service under this Plan.

12. Country, Province and State Variations

The following country variations will control if inconsistent with any provision of this Plan:

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United Kingdom

Section 8 - Section 8 is replaced by the following provisions:

8.1 - Apple is not responsible for ensuring that the Plan is suitable for your required purpose.

8.2 - Nothing in these Terms and Conditions shall limit or exclude Apple’s liability (i) for death

or personal injury caused by its negligence or (ii) for fraud or (iii) any liability which cannot be

excluded by law.

8.3 - Subject to clauses 8.2 and 8.4, Apple will not be liable whether in contract, tort (including

negligence) or otherwise for any loss or damage caused by it or its employees or agents under

and / or in connection with this Plan:

i) where such loss or damage is not a reasonably foreseeable result of any such breach; or

ii) for any increase in loss or damage resulting from breach by you of any term of this Plan;

or

iii) for any losses that relate to a business operated by you (including without limitation lost

data, lost profits or business interruption).

8.4 Subject to clause 8.2, if you are not a consumer, (i) Apple’s maximum liability whether in

contract, tort (including negligence) or otherwise for any loss or damage caused by it or its

employees or agents under and / or in connection with this Plan shall be limited to a sum

equivalent to the amount which you paid Apple for the Plan.

8.5 – These terms and conditions do not affect your statutory rights as a consumer, nor your right

to cancel the Plan as per Section 9. For further information about your statutory rights contact

your local Trading Standards Department or Citizens’ Advice Bureau.

Section 9 - You have the right to cancel this Plan within forty-five (45) days of purchase and

receive a full refund unless you have received support or services under the Plan. After the 45-day

cancellation period, you may cancel the Plan at any time within the Plan’s term and obtain a pro

rata refund of the Plan’s original purchase price, based on the remaining period of full unexpired

months of cover provided by the Plan. If you have received service and support, the Plan will

continue in accordance with these Terms and Conditions.

Section 11 (ix) is replaced with the following:

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If you are a consumer: These terms and conditions together with any previous written or oral

representations given or made by Apple or any representative of Apple constitute your and

Apple’s entire understanding with respect to the Plan. Such terms shall prevail over any conflicting,

additional, or other terms of any purchase order or other document submitted by you.

If you are not a consumer: The terms of the Plan, including the original sales receipt of the Plan

and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase

order or other document, and constitute your and Apple’s entire understanding with respect to

the Plan. Any other warranties, conditions and / or terms which might otherwise be implied into

these terms and conditions are hereby excluded to the fullest extent permitted by law.

IRELAND

Section 8 - Section 8 is replaced by the following:

8.1- If you are a consumer, nothing in these Terms and Conditions shall limit or exclude our

liability for breach of any term implied by statute.

8.2 - If you are not a consumer:

- these Terms and Conditions set out the full extent of our obligations and liabilities in respect

of the Plan;

- there are no warranties, conditions or other terms that are binding on us except as expressly

stated in these Terms and Conditions; and

- any warranty, conditions or other term concerning the Plan which might otherwise be

implied into or incorporated in these Terms and Conditions by statute, common law or

otherwise (including without limitation any implied term as to quality, fitness for purpose,

reasonable care and skill) is hereby expressly excluded. In particular, Apple will not be

responsible for ensuring that the Plan is suitable for your purposes.

8.3 - Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal

injury caused by our negligence or for fraud.

8.4 - Subject to clause 8.3, we will not be liable under these Terms and Conditions for any loss of

income, loss of profits, loss of contracts, loss of data or for any other indirect or consequential

loss or damage of any kind howsoever arising and whether caused by tort (including

negligence), breach of contract or otherwise.

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8.5- Subject to clause 8.3, our maximum aggregate liability under these Terms and Conditions,

whether in contract, tort (including negligence) or otherwise, shall in no circumstances

exceed the amount payable by you to us in respect of the Plan.

Section 9 - 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 a cancellation fee of €25.00 or 10 per cent of

the pro-rata amount, whichever is less.

AUSTRIA

Section 8 - Section 8 is replaced by the following:

An obligation for damages of Apple as well as of any of its employees or agents on the basis of a

contract or on any other basis whatsoever only exists to the extent that such damage has been

caused due to negligence or wilfull intent. Apple will under no circumstances be liable for any

loss of profit, loss of expected but not realised opportunities, indirect damages or consequential

damages, damages to data or damages arising from third parties’ claims. The aforegoing shall not

apply to death or personal injury claims.

Section 9 - 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 a cancellation fee of €25.00 or 10 per cent of the pro-

rata amount, whichever is less.

BELGIUM

The cancellation fee referred to in section 9 (applicable in case you cancel more than 30 days after

your receipt of the Plan) amounts to €25.00 or 10 per cent of the pro-rata amount, whichever is less.

DENMARK

Section 8:

Section 8 (Limitation of liability) is supplemented by the following provision:

The limitation of liability set forth in section 8 shall not apply to losses and/or damages that have

been caused by wilful or grossly negligent acts. This complies whether or not such liability is

based on contract or any other theory.

Mandatory liability under the Product Liability Act is not affected by the limitation of liability

mentioned in section 8.

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Section 9:

Section 9 is supplemented by the following provision:

a) If you are a consumer and you have entered this Plan through the Apple Online Store

web site or through another distance contract (e.g. over the phone), you may cancel the

Plan within 14 days following your purchase of the Plan, or the receipt of these Terms

and Conditions, whichever occurs later, and you will receive a full refund of the purchase

price in accordance with the Consumers Contract Act.

b) If you cancel your purchase more than 30 days after your receipt of this Plan, but no later

than 6 months after the purchase , you will receive a pro-rata refund of the purchase

price, less a cancellation fee of DKK 180 or 10 per cent of the pro-rata refund, whichever

amount is less.

c) If you cancel your purchase after the above-mentioned 6 months period you will receive

a pro-rata refund of the purchase price but will not be charged any cancellation fee in

accordance with the Danish Act on Certain Consumer Contracts.

Provided that in all cases (a) - (c ) the value of any services provided prior to cancellation shall

be deducted from any refund due.

FINLAND

Section 8 - If you are a consumer, nothing in this Plan shall limit or exclude Apple’s liability for any

breach of legislation. Nothing in this Plan shall limit the statutory rights of consumers.

If you are not a consumer:

- this Plan sets out the full extent of Apple’s obligations and liabilities in respect of the supply of

products (and performance of telephone support and warranty services) and performance of any

services;

- there are no warranties, conditions or other terms that are binding on Apple except as expressly

stated in this Plan; and

- any warranty, condition or other term concerning products or services which might otherwise be

implied into or incorporated in this Plan by statute, common law, laws applicable in the country

where you purchased the Plan or otherwise (including without limitation any implied term as

to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the

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maximum extent permitted by law. In particular, Apple will not be responsible for ensuring that

the Plan is suitable for your purposes.

Nothing in this Plan shall limit or exclude Apple’s liability for death or personal injury caused by

our negligence or for fraud.

Subject to above Apple will not be liable under this Plan for any loss of income, loss of profits,

loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind

howsoever arising and whether caused by tort (including negligence), breach of contract or

otherwise.

Subject to above Apple’s maximum aggregate liability under this Plan whether in contract, tort

(including negligence) or otherwise shall in no circumstances exceed the amount payable by you

to us in respect of the product(s) and/or services in question.

Section 9: 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 a cancellation fee of €25.00 or 10 per cent of the

pro-rata amount, whichever is less.

If you are a consumer and you have entered this Plan as a distance contract (through the Apple

Store web site or phone calls), you may cancel this Plan within fourteen days following your

purchase of the Plan, or receipt of a confirmation of purchase stating, inter alia, your cancellation

rights, whichever occurs later and you will receive full refund.

FRANCE

SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING:

8.1- IF YOU ARE A CONSUMER, NOTHING IN THE PLAN SHALL LIMIT OR EXCLUDE OUR LIABILITY

FOR BREACH OF ANY TERM IMPLIED BY MANDATORY CONSUMER LAWS AND, MORE

GENERALLY, ANY RIGHTS YOU MAY HAVE UNDER MANDATORY CONSUMER LAWS.

8.2 - IF YOU ARE NOT A CONSUMER:

- THESE TERMS AND CONDITIONS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND

LIABILITIES IN RESPECT OF THE PLAN;

- THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US

EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND

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described herein. In the absence of the restriction and/or limitation of liability, Apple would not

provide the Plan. You acknowledge that the benefits stemming from the Plan provide appropriate

compensation for the limitation and/or restriction of Apple’s liability hereunder.

Section 9 is supplemented by the following provision:

If you are a consumer and you have entered this Plan through the Apple Store web site, through

the phone or by concluding a distance contract in any other manner, you may cancel this Plan

within 8 business days upon the conclusion of this Plan (if according to the applicable law, Apple

has to provide you with a written statement, if the above is not provided, within 8 business days

from the receipt of the above, but not later than 3 months from the conclusion of this Plan). In

this case, you will receive a full refund. However, if upon your request, Apple has started to provide

you the service hereunder within the above period, you are not entitled to cancel the Plan in the

manner set out above; you are entitled to terminate it in line with the provisions of this service

contract.

Section 11 (v) is replaced by the following provision:

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, provided that

Apple has informed you about the above and acquired your consent.

Section 11 (vi) is replaced by the following provision:

You agree that any information or data disclosed to Apple under this Plan is not confidential or

proprietary to you. You hereby voluntary consent to the collection, processing and transfer of your

personal data for the purposes of this Plan, as described herein and in the Apple Privacy Policy. This

may include transferring your data to affiliated companies or service providers located in countries

where data protection laws may be less comprehensive than those in your country of residence,

including but not limited to Australia, Canada, countries of the European Union, India, Japan, the

People’s Republic of China and the U.S.

ITALY

AppleCare Protection Plan benefits are in addition to rights provided by consumer protection laws

in your jurisdiction.

Under articles 128-135 of the Legislative Decree n. 206 6 September 2005 (Consumer Code), Italian

consumers have up to 26 months to claim against the seller that a product was defective when

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delivered. Defects apparent in the first 6 months, are presumed to have existed at delivery. A

consumer making a claim under the Consumer Code may contact an Apple Authorized Service

Provider to assess if a defect existed at delivery.

Section 8 -

a. If you are a consumer, nothing in these Terms and Conditions shall limit or exclude Apple’s

liability in case of violation of the legislation applicable to the Plan.

b. If you are not a consumer:

(i) these terms and conditions set out the full extent of our obligations and liabilities in respect

of the services under this Plan; (ii) there are no warranties, conditions or other terms that are

binding on Apple except as expressly stated in the Plan; (iii) any warranty, condition or other term

concerning the products or services which might otherwise be implied into or incorporated in

the Plan by statute, common law, laws applicable in the country where you purchased the Plan

or otherwise (including without limitation any implied term as to quality, fitness for purpose,

reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law.

In particular, we will not be responsible for ensuring that the Plan is suitable for your purposes.

c. Nothing in the Plan shall limit or exclude Apple’s liability (i) for death or personal injury caused

by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable

compulsory national laws as to title or (iv) any liability which cannot be excluded or limited by law,

in particular under Articles 33 and followings of the Code of Consumer.

d. Subject to clause 8.c in this section, Apple will not be liable under the Plan for any loss of

income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or

damage of any kind howsoever arising and whether caused by tort (including negligence), breach

of contract or otherwise.

e. Subject to clause 8.c in this section, Apple’s maximum aggregate liability under the Plan

whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the

amount payable by you to Apple in respect of the Plan.

Section 9 - 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 a cancellation fee of €25.00 or 10 per cent of

the pro-rata amount, whichever is less.

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If you are a consumer, in the event Apple cancels this Plan, you will receive from Apple a

cancellation fee equal to double the cancellation fee that you would have paid if you had

cancelled the Plan at the time Apple cancels.

If you are a consumer and you have entered this Plan through the Apple Store web site or through

the phone, you may cancel this Plan within fourteen days following your purchase of the plan.

You will receive full refund. Articles 50 - 61 of the Italian Legislative Decree No. 206 of 6 September

2005 (Consumer Protection Code) will apply to this Plan if (i) this Plan is entered through the

Apple Store web site, or (ii) this Plan is executed as a “distance contract”.

LUXEMBOURG

Section 9 - 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 a cancellation fee of €25.00 or 10 per cent of

the pro-rata amount, whichever is less.

THE NETHERLANDS

Section 8 (Limitation of liability) is replaced by the following:

For consumers

The benefits conferred by this Plan are in addition to all rights and remedies provided to you by

the applicable mandatory (consumer) laws, including your right to seek for damages in the event

of total or partial non-conformity or inadequate performance by Apple of any of its contractual

obligations.

For non-consumers

This Plan sets out the full extent of Apple’s obligations and liabilities in respect of the performance

of any services under this Plan. There are no warranties, conditions or other terms that are binding

on Apple except as expressly stated in this Plan. Any warranty, condition or other term concerning

products or services which might otherwise be implied into or incorporated in this Plan by the

applicable law (including, but not limited to, any implied term as to quality, fitness for purpose,

reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law.

In particular, Apple shall not be responsible for ensuring that the Plan is suitable for your purposes.

To the maximum extent permitted by applicable mandatory law, Apple and its employees and

agents will under no circumstances be liable to you or any subsequent owner for any indirect

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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 outside the

scope of the Dutch Personal Data Protection Act (Wet Bescherming Persoonsgegevens), any loss of

business, profits, revenue or anticipated savings, resulting from Apple’s obligations under this Plan.

For all purchasers of the Plan

To the maximum extent permitted by applicable mandatory law, Apple’s and its employees’ and

agent’s maximum liability to you and any subsequent owner arising under the Plan is limited, at

Apple’s sole option, to the original price paid for the Plan, or replacing or repairing the Covered

Equipment.

Apple specifically does not warrant that it will be able to repair or replace Covered Equipment

without risk to or loss of programs or data.

Nothing in this agreement shall exclude or limit Apple’s liability for (i) death or personal injury

caused by its negligence, (ii) fraud; or (iii) intentional misconduct or gross negligence of Apple’s

senior management.

Section 9 (Cancellation) is completed by the following:

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, based on the percentage of unexpired Coverage Period from

the Plan’s date of purchase, less (a) a cancellation fee of € 25 or ten percent (10%) of the pro-rata

amount, whichever is less.

If you are a consumer and you have purchased this Plan through a distance contract (e.g. through

the Apple website or by phone), you may cancel the Plan within fourteen (14) days after the

purchase of this Plan, unless Apple already commenced the services provided under the Plan

within this fourteen (14) day period.

NORWAY

CANCELLATION (Section 9) - 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, based on the percentage of

unexpired Coverage Period from the Plan’s date of purchase, less a cancellation fee of NOK 200.00

or 10 per cent of the pro-rata amount, whichever is less.

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If you are a consumer and you have entered this Plan through the Apple Store web site or through

another distance contract (e.g. through the phone), you may according to the Act on the right

to repent a sale after a cooling-off period of December 21st 2000, no.105 (“the Cancellation Act”)

cancel this Plan within fourteen days after Apple has met the disclosure requirements pursuant

to the Cancellation Act and your receipt of the repent form, and you will receive a full refund. If

you purchased this Plan through a distance contract other than phone and you make use of the

services available under this Plan before the expiry of the cooling-off period you will receive a full

refund less the value of any service provided under the Plan.

Your rights under the Cancellation Act are in addition to the rights granted to you under section 9.

POLAND

1. For the purposes of relations with business entities Section 8 of the Plan should be worded as

follows:

APPLE AT ITS SOLE OPTION MAY DECIDE TO REPLACE OR REPAIR THE COVERED EQUIPMENT

OR SUPPLY THE SERVICE.

APPLE OR ITS EMPLOYEES OR AGENTS SHALL UNDER NO CIRCUMSTANCES BE LIABLE

FOR ANY DAMAGE TO PROPERTY WHETHER IN THE EVENT OF TOTAL OR PARTIAL NON-

PERFORMANCE OR INADEQUATE PERFORMANCE BY APPLE OF ANY OF ITS CONTRACTUAL

OBLIGATIONS OR IN TORT UNLESS SUCH DAMAGE IS CAUSED BY WILFUL MISCONDUCT ON

THE PART OF APPLE, ITS EMPLOYEES OR AGENTS.

APPLE’S, ITS EMPLOYEES’ AND AGENTS’ LIABILITY FOR DEATH OR PERSONAL INJURY, OR IN

THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY

APPLE OF ANY OF ITS CONTRACTUAL OBLIGATIONS IS NOT LIMITED WHERE SUCH DEATH OR

INJURY OR NON-PERFORMANCE OR INADEQUATE PERFORMANCE IS CAUSED BY APPLE’S, ITS

EMPLOYEES’ OR AGENTS’ WILFUL MISCONDUCT.

2. For the purposes of relations with consumers Section 8 of the Plan should be worded as

follows:

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. APPLE AT ITS

SOLE OPTION MAY DECIDE TO REPLACE OR REPAIR THE COVERED EQUIPMENT OR SUPPLY

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THE SERVICE. NOTHING IN THIS PLAN SHALL PREJUDICE CONSUMER RIGHTS GRANTED BY THE

APPLICABLE MANDATORY LAWS.

THE LIABILITY OF APPLE, ITS EMPLOYEES AND AGENTS WHETHER IN THE EVENT OF TOTAL

OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY APPLE OF ANY OF

ITS CONTRACTUAL OBLIGATIONS OR LIABILITY IN TORT FOR DAMAGE TO PROPERTY OR FOR

DEATH OR PERSONAL INJURY IS NOT LIMITED OR EXCLUDED UNDER THIS PLAN INCLUDING

CONSUMER RIGHT TO SEEK FOR DAMAGES IN THE EVENT OF TOTAL OR PARTIAL NON-

PERFORMANCE OR INADEQUATE PERFORMANCE BY APPLE OF ANY OF ITS CONTRACTUAL

OBLIGATIONS.

3. Section 9 of the Plan should be worded as follows:

If you are a consumer and have entered into this Plan via Apple Online Store or contact

centre, you may withdraw from this Plan within 10 days from its purchase, unless you have

expressly agreed that the coverage under this Plan is to begin before the lapse of the initial

10 days’ period - In such case the right of withdrawal is cancelled. The exercising of your right

to withdraw from the Plan is not conditional upon any payments.

Regardless of whether you are a consumer or not, you may terminate this Plan at any time

upon thirty (30) days’ prior written notice.

In the case of termination you will receive a pro-rata refund of the original purchase price,

based on the percentage of the unexpired Coverage Period from the Plan’s date of purchase,

less (a) a cancellation fee of €25.00 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.

If you decide to withdraw or terminate, you may either call Apple at the telephone number

below, or send or fax a written notice with your Plan Agreement Number to Apple Customer

Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland (fax number : +353-(0)21-

428-3917). A copy of the original proof of purchase must accompany your notice.

Unless applicable local law provides otherwise, Apple may terminate this Plan for fraud or

material misrepresentation or if service parts for the Covered Equipment become unavailable,

upon thirty (30) days’ prior written notice. If Apple terminates this Plan for the unavailability

of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.

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PORTUGAL

Nothing in these terms and conditions shall limit the manufacturer’s obligations and responsibilities

under the general product safety legislation as laid down in Decree-law 383/86, of November 6 (Lei

da Responsabilidade Objectiva do Produtor), as amended from time to time.

The services provision hereby agreed upon is additional to the mandatory warranty period of your

products, as per applicable legislation on the warranty of consumer goods as laid down in Decree-

law no. 67/2003, of April 8 (Lei das Garantias dos Bens), as amended from time to time.

In accordance with Decree-Law no. 446/85, of October 25 (Lei das Cláusulas Contratuais Gerais), as

amended from time to time, nothing in these terms and conditions shall, in any manner whatsoever,

be interpreted as:

(a) Limiting or in any manner altering obligations assumed directly by Apple or its representative

in the contracting;

(b) Excluding or limiting, directly or indirectly, the liability for damages caused to the life, moral

or physical integrity or health of persons;

(c) Excluding or limiting, directly or indirectly, the liability for non contractual patrimonial

damages caused to you or any third parties;

(d) Excluding or limiting, directly or indirectly, the liability for definitive non compliance, delay

in compliance or defective compliance in case of fraud (dolo) or serious misconduct (culpa

grave); and/or

(e) Excluding or limiting, directly or indirectly, the liability for acts of representatives or auxiliary

persons in case of fraud (dolo) or serious misconduct (culpa grave).

Nothing in this Plan shall exclude or limit Apple’s liability if such limitation or exclusion would be

deemed invalid as a matter if Portuguese public policy under Article 800/2 of the Portuguese Civil

Code.

Section 8

If you are a consumer, nothing in these terms and conditions shall limit or exclude in any manner

whatsoever your rights as per Law no. 24/96, of July 31 (Lei de Defesa do Consumidor), as amended

from time to time.

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In any event, Apple shall only be liable for definitive non compliance, delay in compliance

or defective compliance in cases of fraud or serious misconduct imputable to Apple or to its

representatives or auxiliary persons. If not, Apple shall not in any event be liable for damages caused

by third parties or by you; and any liability imputable to Apple or to its representatives or auxiliary

persons which is not caused by their fraud or serious misconduct is hereby expressly excluded.

However nothing in this Plan shall exclude or limit, directly or indirectly, the liability imputable to

Apple for damages caused to the life, moral or physical integrity or health of persons or for non

contractual patrimonial damages.

Section 9

If you are a consumer and you have entered this Plan through the Apple Store web site or through

the telephone, you may cancel this Plan within fourteen days following your purchase of the Plan.

You will receive full refund.

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 a cancellation fee of €25.00 or 10 per cent of the pro-rata

amount, whichever is less.

Section 11

The consumer or any physical entity that has given his/her personal data to be processed by Apple

within the scope of this contract can access said personal data through privacyeurope@apple.com,

where he/she can demand said personal data to be corrected, updated or eliminated, as per Apple

Customer Privacy Policy, available at www.apple.com/legal/privacy.

RUSSIA

Apple does not sell or support the AirPort Extreme Card, AirPort Express or AirPort Extreme Base

Station, Time Capsule in Russia. Furthermore, service options are limited in Russia. You should

review the following support website for information on support options available to you:

www.apple.com/ru/support.

Section 6.1(ii) is replaced by the following:

(ii) Onsite service is available for many desktop computers if the location of the Covered Equipment

is within an 80-kilometer radius of an Apple Authorized Onsite Service Provider located in a

country listed in Section 11.iv. Apple will dispatch a service technician to the location of the Covered

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Equipment. Service will be performed at the location, or the service technician will transport the

Covered Equipment to an Apple Authorized Service Provider or Apple Repair Service Location for

repair. If the Covered Equipment is repaired at an Apple Authorized Service Provider or Apple Repair

Service Location, the Covered Equipment will be transported to your location following service. If

the service technician is not granted access to the Covered Equipment at the appointed time, any

further onsite visits may be subject to an additional charge.

Section 8: Additional conditions to Section 8:

8.1 – If you are a consumer, nothing in this Plan shall limit or exclude Apple’s liability for any

breach of legislation.

8.2 – If you are a consumer, nothing in this Plan shall limit or exclude Apple’s compensation in case

of deliberate violation of obligations.

Section 9 – the following should be added to Section 9:

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 a cancellation fee of €25.00 or 10 per cent of the pro-rata

amount, whichever is less.

Section 11: the following should be added to Section 11:

d. All Plans may not be available in your country

Additional condition to Section 11 (viii):

Customers in the Russian Federation may also address the above-mentioned representative of the

Company on the issue of data protection rights.

SPAIN

Section 8 –

8.1- If you are a Consumer as defined in the Spanish Consumer Act, nothing in these Terms and

Conditions shall limit, exclude or affect the legal rights that you have as a consumer in case of

lack of conformity of the products.

8.2 - If you are not a Consumer:

- these terms and conditions set out the full extent of our obligations and liabilities in

respect of the Plan;

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- there are no warranties, conditions or other terms that are binding on us except as

expressly stated in these Terms and Conditions; and

- any warranty, condition or other term concerning the Plan which might otherwise be

implied into or incorporated in these Terms and Conditions by statute or regulation,

customary law or otherwise (including without limitation any implied term as to quality,

fitness for purpose, reasonable care and skill) is hereby expressly excluded. In particular,

Apple will not be responsible for ensuring that the Plan is suitable for your purposes.

8.3 - Nothing in these terms and Conditions shall limit or exclude our liability for death or personal

injury caused by our negligence or for fraud.

8.4 - Subject to clause 8.3, and to the maximum extend permitted by applicable law, we will not

be liable under these Plan for any loss of income, loss of profits, loss of contracts, loss of

data or for any indirect or consequential loss or damage of any kind howsoever arising and

whether caused by tort, breach of contract or otherwise.

8.5- Subject to clause 8.3, and to the maximum extend permitted by applicable law, our

maximum aggregate liability under the Contract whether in contract, tort or otherwise shall

in no circumstances exceed the amount payable by you to us in respect of the Plan.

Section 9 - If you are a consumer and you have entered this Plan through the Apple Store web site

or through the telephone, you may cancel this Plan within fourteen days following your purchase of

the Plan. You will receive full refund.

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 a cancellation fee of €25.00 or 10 per cent of the pro-rata

amount, whichever is less.

Sweden

Section 8 - Section 8 is replaced by the following:

8.1 If you are a consumer and have purchased the Plan the following applies: In the event any

section or portion of a section of these Terms and Conditions is in conflict with applicable

mandatory laws, that section or portion of the section will not be applicable. For other

customers than consumers the following applies:

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