BY CONTACTING APPLE FOR SUPPORT SERVICES OFFERED UNDER A SERVICE PLAN REFERENCED BELOW (“SERVICE PLAN”) OR REGISTERING A SERVICE PLAN WITH APPLE, THE INDIVIDUAL, ENTITY, OR ENTITY AFFILIATE (“CUSTOMER”) AGREES THAT THE FOLLOWING APPLECARE TECHNICAL SUPPORT TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT SERVICES UNDER THE APPLICABLE SERVICE PLAN. PLEASE NOTE, HOWEVER, THAT SUPPORT SERVICES THAT ARE PROVIDED TO ASSIST A CUSTOMER RECEIVING BENEFITS UNDER APPLE’S ONE YEAR LIMITED WARRANTY, APPLECARE+, APPLECARE PROTECTION PLAN, OR APPLICABLE CONSUMER LAW ARE GOVERNED UNDER THE TERMS OF THE RESPECTIVE WARRANTY, APPLECARE SERVICE CONTRACT, OR CONSUMER LAW REGULATIONS. A SERVICE PLAN WILL BE EFFECTIVE WHEN APPLE ACCEPTS CUSTOMER’S REGISTRATION (“EFFECTIVE DATE”).

“Affiliate” means any entity that Controls, is Controlled by, or is under common Control with a party.

“Control” means the legal, beneficial, or equitable ownership, directly or indirectly, of more than 50% of the capital stock (or other ownership interest, if not a corporation) of such entity ordinarily having voting rights.

The rights described in these Terms and Conditions in respect of returns, refunds and warranties are in addition to your statutory rights.

1. Services. Upon acceptance of Customer’s registration, Apple will provide support services in accordance with these Terms and Conditions (“Support Services”) to Apple software products or related technologies (“Supported Products”) for the applicable Service Plan, as described at https://www.apple.com/legal/sales-support/applecare/docs/AppleCare_Service_Plan.pdf (“Service Plan Support Page”). Apple reserves the right to amend these Terms and Conditions, the Support Services provided and/or Supported Products covered under a Service Plan at any time by updating this page and/or the Service Plan Support Page. Apple will not amend the Support Services and/or Supported Products in a way that (i) materially reduces the benefits provided to Customer under the Support Services, (ii) materially impacts Apple’s obligation to deliver the Support Services, or (iii) materially impacts the rights that Customer receives under the Support Services. For any updates that affect Customer’s Service Plan, Apple will notify Customer of the update via the electronic mail address registered by Customer no less than thirty (30) days prior to the effective date of the update. The terms described on the Service Plan Support Page, as may be amended from time to time, are incorporated into these Terms and Conditions as if fully set forth herein. In the event of any inconsistencies between these Terms and Conditions and the terms on the Service Plan Support Page, the terms on the Service Plan Support Page will govern.

2. Scope of Support.

2.1 Support Incidents. Service Plans are provided in single, multiple or unlimited Support Incident packages. A “Support Incident” is a specific, discrete problem whose origin can be isolated to a single cause. Apple will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. Apple, in its sole discretion, will determine what constitutes a Support Incident and, to the extent permitted by law, determine if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue. Under a Service Plan with a limited number of Support Incidents, each new Support Incident contact made by Customer will decrease the remaining number of eligible Support Incidents.

2.2 Response Times. Apple will make reasonable efforts to respond to a Support Service request within the response time described under an applicable Service Plan (“Response Time”) but does not guarantee that a response will be provided within the specific time period. All Response Times are measured subject to the hours of operations applicable to the Service Plan, as described on the Service Plan Support Page.

2.3 Current Release. Unless otherwise specified, Customer must ensure all Supported Products have the latest operating system version and software updates installed.

2.4 Use. Customer acknowledges that Support Services are not intended or suitable for use in connection with high risk activities or functions, including, without limitation, the operation of nuclear facilities, aircraft navigation or communication systems, systems used to dispatch first responders, air traffic control machines, life support, weapons systems or other situations, environments or activities in which the failure of the Support Services to attain a desired result could lead in whole or in part to death, personal injury, or severe physical or environmental damage.

2.5 Technical Contacts. Support Services are provided to the individual if the Customer is an individual, or otherwise one or more persons designated by Customer at time of registration and as allowed under the Service Plan (“Technical Contact(s)”). Technical Contacts are the sole liaisons between Customer and Apple for technical support under the Service Plan. Customer understands that the Technical Contact(s) may need to provide Apple with Customer data applicable to Apple’s provision of Support Services under these Terms and Conditions and, if Customer is not an individual, will ensure that Technical Contact(s) have valid legal basis for doing so. If Customer is not an individual and wishes to change the Technical Contact, Customer must give no less than five (5) days prior written notice of the change to Apple at the applicable Apple contact address described below or, if applicable to the Service Plan, enter the changes directly via Customer’s secure, customized website as described in the instruction documents delivered at the start of the Service Plan.

3. Exclusions. Unless otherwise specified in the Service Plan, Apple will not provide Support Services relating to problems or issues arising out of or from (a) the use of a Supported Product as a server-based application; (b) issues that could be resolved by upgrading a Supported Product; (c) the use or modification of a Supported Product in a manner for which the Supported Product is not intended to be used or modified; (d) third-party products or technologies and their effects on or interactions with a Supported Product; (e) damage to the media on which a Supported Product is provided, or to the computer on which a Supported Product is installed; (f) use of a computer system that is incompatible with a Supported Product; and (g) issues relating to Internet, email, file management, network configuration, scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, onsite diagnosis, or other issues not within the scope of the Support Services described under a Service Plan.

4. Customer Responsibilities. To receive Support Services, Customer must register the Service Plan and follow the access instructions provided by Apple. Customer is responsible for all fees in establishing and maintaining email and telephone communications with Apple. Customer will cooperate with Apple when seeking Support Services by providing information necessary to assist Apple in diagnosing an issue. Customer shall not transfer control, including virtual control, of their machines to Apple. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete and tested data backup and verified disaster recovery plan. Customer is solely responsible for any and all security of confidential, proprietary or classified information of Customer and any third parties whose data Customer possesses or processes. Neither Customer nor its Technical Contacts will disclose to Apple confidential, proprietary or any information that is subject to intellectual property rights that may expose Apple to liability. Customer and Technical Contact shall obtain all necessary permissions from any third party prior to disclosing such third party’s confidential or proprietary information to Apple, and represents that it has a valid legal basis under applicable data protection law if they disclose any personal data to Apple. Customer and each Technical Contact must have a reasonable understanding of the Supported Products for which Customer seeks Support Services and the computer system that it is operating on. Customer may not transfer Support Services to a third party. Support Services are provided for the internal use of Customer only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of these Terms and Conditions, in addition to which Apple may exercise any other remedies available to it. Customer will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Customer will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved or performing routine updates or other tasks reasonably within the purview and skill of Customer’s own IT department. Customer and its Affiliates shall comply, and ensure their personnel comply, with all applicable laws and regulations, including applicable sanctions and export controls. Customer shall promptly notify Apple should it or any of its Affiliates become subject to legal restrictions that could affect Apple’s ability to provide Support Services and, upon Apple’s request, Customer shall in a timely manner provide supporting documentation to assess the potential applicability of legal restrictions.

5. Screen Sharing. Apple may ask Customer to screen share in order to provide Support Services, whereby if permitted by Customer, Apple will view information on Customer’s screen through the use of video conferencing or other such software. Screen sharing by or on behalf of Customer indicates its permission for Apple to provide Support Services in this way. Customer shall close all files and applications that are not pertinent to the Support Incident and is solely responsible for what is shared on screen. Video conferencing software or the features of Customer’s device will allow Customer to terminate the screen sharing at any time.

6. Additional Services or Software. Any additional services provided as part of a Service Plan will be governed by these Terms and Conditions. In the event that Support Services are provided at Customer’s location as part of a Service Plan, Customer will ensure that Apple or its authorized representative is granted access to the location at the arranged time and will secure a safe working environment sufficient for Apple or its authorized representative to perform the Support Services. If software is provided as part of a Service Plan, such software is the copyrighted works of Apple Inc. and/or its licensors. Customer may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software.

7. Feedback.

Notwithstanding any other provision in these Terms and Conditions, if Customer or Technical Contact(s) provides any ideas, suggestions or recommendations (“Feedback”) to Apple regarding or in any way related to the Support Services, Service Plans, Supported Products, or Apple confidential information, Apple shall be free to use and incorporate such Feedback in Apple’s products, technologies, and services without paying any royalties to Customer or Technical Contact(s) and without any other obligations or restrictions. Nothing in these Terms and Conditions shall be interpreted to grant a license or waive any rights in Apple’s patents, copyrights, trademarks, or other intellectual property or proprietary rights.

8. Limited Warranty.

ALTHOUGH APPLE CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, APPLE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PLAN WITH DUE DILIGENCE AND IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, APPLE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY OR IMPLIED WARRANTIES RELATING TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, APPLE’S AND ITS LICENSOR’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER IN THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICE PLAN ORDERED BY CUSTOMER. IN NO EVENT SHALL APPLE AND ITS LICENSOR HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, DAMAGE, CORRUPTION, OR LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, IN EACH CASE, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT APPLE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF CUSTOMER IS COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN ITS COUNTRY OF PURCHASE OR, IF DIFFERENT, ITS COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. THESE TERMS AND CONDITIONS GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.

10. Indemnity.

10.1 Customer will defend, hold harmless and indemnify Apple, its subsidiaries and Affiliates, and their respective officers, directors, employees and agents from and against any claim or threat of claim or proceeding brought by a third party against Apple arising out of the acts and/or omissions of Customer, including without limitation any alleged violation by Customer of its obligations under Section 4.

10.2 In the event Apple seeks indemnification from Customer under this Section 10, Apple will promptly notify Customer in writing of the claim(s) brought against Apple for which it seeks indemnification. Apple reserves the right, at its option and sole discretion, to assume full control of the defense of such claim with legal counsel of its choice. In the event Apple assumes control of the defense of such claim, Apple shall not settle any such claim requiring payment from Customer without Customer’s prior written approval. Upon Apple’s request, Customer shall reimburse Apple for any expenses reasonably incurred by Apple in defending such a claim, including, without limitation, attorney's fees and costs, as well as any judgment on or settlement of the claim in respect to which the foregoing relates.

10.3 Customer may not enter into any third party agreement which would, in any manner whatsoever, affect the rights of or bind Apple in any manner, without the prior written consent of Apple.

11. Term and Termination.

11.1 Term. Unless terminated earlier in accordance with this section, a Service Plan will continue from the Effective Date until the date specified in Customer’s Service Plan documentation provided by Apple, or until all Support Incidents are used, whichever occurs first (unless otherwise authorized by Apple in writing). Apple shall provide Customer with Service Plan documentation after Customer’s purchase of a Service Plan. Apple will not provide Support Services beyond the end of the Service Plan unless Customer’s Service Plan is renewed on or before its termination date.

11.2 Termination by Apple. Apple may terminate a Service Plan without cause upon thirty (30) days’ written notice to Customer. Upon such termination, Apple may in its sole discretion provide Customer with a pro rata refund for the Service Plan’s unexpired term. Apple may immediately terminate a Service Plan if Customer fails to comply with these Terms and Conditions, or if Customer breaches a term of any software license agreement governing the use of software provided under a Service Plan.

11.3Termination by Customer. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. To do so, Customer may call Apple at the telephone number listed on the details of coverage letter provided by Apple or send written notice together with a copy of the Service Plan’s original proof of purchase to the appropriate address listed in the table below.

11.4 Survival. All provisions that would reasonably be expected to survive the termination of these Terms and Conditions survive, including but not limited to, Sections 4 (Customer Responsibilities), 7 (Feedback), 8 (Limited Warranty), 9 (Limitation of Liability), 10 (Indemnity), 11 (Term and Termination), 12 (Apple; Governing Law) and 13 (Data Protection).

12. Apple; Governing Law. “Apple” is identified in the table below according to Customer’s country of residence. IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF DELAWARE OF THE UNITED STATES OF AMERICA, UNLESS PROHIBITED BY LAW, IN WHICH CASE THE LAWS OF THE COUNTRY (OR REGION, WHERE APPLICABLE) OF PURCHASE OR, IF DIFFERENT, CUSTOMER’S PRINCIPAL PLACE OF BUSINESS, AND THE COURTS OF THE RESPECTIVE COUNTRIES (OR REGIONS) WILL HAVE JURISDICTION OVER THE MATTER.

13. Data Protection. Customer agrees and understands that it is necessary for Apple to collect, process and use Customer and Technical Contact data in order to perform the service and support obligations under the Service Plan and for compliance with applicable laws. This may include transferring Customer and Technical Contact data to affiliated companies or service providers. Apple will process personal data in accordance with Apple’s Privacy Policy available at https://www.apple.com/legal/privacy/en-ww/. Note that Apple may be obligated as a matter of law and policy to report to law enforcement certain images if viewed during a Support Services session. Apple may record part or all of the calls between Customer and Apple for training, quality assurance and reference purposes.

14. General.

14.1 No Assignment. Customer may not assign its rights or obligations under a Service Plan. Any unauthorized assignment will be void.

14.2 Force Majeure. Apple will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.

14.3 No Waiver. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default.

14.4 Enforceability. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions.

14.5 Entire Agreement. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between Apple and Customer with regard to the Service Plan and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter. No addition to or deletion from or modification of any of the provisions hereto shall be binding upon Apple unless made in writing and signed by an authorized representative of Apple. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever and is specifically rejected.

COUNTRY VARIATIONS

The following country variations will control if inconsistent with any other provision of these Terms and Conditions:

AUSTRALIA

The rights described in these terms and conditions 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. For major failures with the service, you are entitled (1)  to cancel your service contract with us; and (2)  to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. For support contact Apple Support: Apple Pty Ltd. PO Box A2629, South Sydney NSW 1235, Australia.

BELGIUM

The following country variations will apply when the Customer is an individual:

The Customer acknowledges that by contacting Apple for Support Services, Customer is not exercising any right regarding a previously concluded sales contract as meant in Article 43 of the law relating to market practices and consumer protection, of April 6, 2010.

Section 1. Services. The following two paragraphs are added to Section 1:

If the changes made to the Support Services would negatively impact the consumer, the consumer is entitled to terminate the Service Plan according to the provisions in Section 11.3.

Section 11.3 is replaced with the following:

Termination by Customer. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. If Apple makes any changes to the Support Services that are materially detrimental to the consumer, for example canceling the support services in relation with the Customer’s product, the consumer shall be entitled to terminate the Service Plan and receive a refund of an amount equivalent to the remaining term of the Service Plan. To do so, Customer may call Apple at the telephone number listed on the details of coverage letter provided by Apple or send written notice together with a copy of the Service Plan’s original proof of purchase to the appropriate address listed in the table below.

Section 12. Apple; Governing Law. The following is added at the end of Section 12:

IF CUSTOMER IS A CONSUMER THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY OF PURCHASE OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.

Dispute Resolution. If Customer is a consumer and has entered into these Terms and Conditions with Apple. For the settlement of a dispute Customer has the possibility of an out of court online dispute resolution pursuant to Regulation (EU) No. 524/2013. The European Commission has established a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/. Apple is not required and does not intend to engage in online dispute resolution.

Apple is not required and does not intend to engage in alternative dispute resolution.

CANADA

Quebec Residents: The laws of the Province of Quebec will govern this plan and any disputes arising under it. Section 9 – Limitation of Liability is not applicable to residents of Quebec.

CHINA

If you are an individual consumer, please note that these terms and conditions in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the PRC Consumer Protection Law and other applicable consumer protection laws and regulations. Your statutory rights under the PRC Consumer Protection Law are taken into account in Section 9 Limitation of Liability and Section 11 Term and Termination.

GERMANY

The following country variations will apply when the Customer is an individual:

Section 1. Services. The following paragraph is added to Section 1:

If the changes made to the Support Services would negatively impact the consumer, the consumer is entitled to terminate the Service Plan according to the provisions in Section 11.3.

Section 9. Limitation of Liability. The following shall apply:

Apple shall be liable for losses under the terms of the Service Plan only in accordance with the following provisions: (i) unrestricted liability for losses caused intentionally or with gross negligence, (ii) unrestricted liability for death, personal injury or damage to health caused intentionally or with negligence, (iii) for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for Apple at the time the warranty was given, (iv) in accordance with the Product Liability Act in the event of product liability, or (v) for losses caused by the breach of such basic duties of Apple which form the essence of the Service Plan, which were decisive for the conclusion of the Service Plan and on which Customer may rely. Any more extensive liability of Apple is excluded on the merits.

Section 11.3 is replaced with the following:

Termination by Customer. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. If Apple makes any changes to the Support Services that are materially detrimental to the consumer, for example canceling the support services in relation with the Customer’s product, the consumer shall be entitled to terminate the Service Plan and receive a refund of an amount equivalent to the remaining term of the Service Plan. To do so, Customer may call Apple at the telephone number listed on the details of coverage letter provided by Apple or send written notice together with a copy of the Service Plan’s original proof of purchase to the appropriate address listed in the table below.

Section 12. Apple; Governing Law. The following is added at the end of Section 12:

IF CUSTOMER IS A CONSUMER THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY OF PURCHASE OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.

Dispute Resolution. If Customer is a consumer and has entered into these Terms and Conditions with Apple. For the settlement of a dispute Customer has the possibility of an out of court online dispute resolution pursuant to Regulation (EU) No. 524/2013. The European Commission has established a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/. Apple is not required and does not intend to engage in online dispute resolution.

Apple is not required and does not intend to engage in alternative dispute resolution.

INDONESIA

Clause 11. The Customer agrees to waive the provision of Article 1266 of the Indonesian Civil Code with respect to these Terms and Conditions and set aside their respective rights and obligations under any applicable law in the event of any termination of a Service Plan to the extent that such law requires any judicial pronouncement for the termination of a Service Plan.

Clause 14. These Terms and Conditions may be made in both the English language and the Indonesian language. Both texts are equally original. In case of any inconsistency or different interpretation between the English text and the Indonesian text, the English text shall be the prevailing language, and the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make it consistent with the relevant English text.

IRELAND, NORWAY, SWEDEN AND THE UNITED KINGDOM

The following country variations will apply when the Customer is an individual:

Section 1. Services. The following paragraph is added to Section 1:

If the changes made to the Support Services would negatively impact the consumer, the consumer is entitled to terminate the Service Plan according to the provisions in Section 11.3.

Section 11.3 is replaced with the following:

Termination by Customer. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. If Apple makes any changes to the Support Services that are materially detrimental to the consumer, for example canceling the support services in relation with the Customer’s product, the consumer shall be entitled to terminate the Service Plan and receive a refund of an amount equivalent to the remaining term of the Service Plan. To do so, Customer may call Apple at the telephone number listed on the details of coverage letter provided by Apple or send written notice together with a copy of the Service Plan’s original proof of purchase to the appropriate address listed in the table below.

Section 12. Apple; Governing Law. The following is added at the end of Section 12:

IF CUSTOMER IS A CONSUMER THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY OF PURCHASE OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.

Dispute Resolution. If Customer is a consumer and has entered into these Terms and Conditions with Apple. For the settlement of a dispute Customer has the possibility of an out of court online dispute resolution pursuant to Regulation (EU) No. 524/2013. The European Commission has established a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/. Apple is not required and does not intend to engage in online dispute resolution.

Apple is not required and does not intend to engage in alternative dispute resolution.

ITALY

The following country variations will apply when the Customer is an individual:

Section 1. Services. The following paragraph is added to Section 1:

If the changes made to the Support Services would negatively impact the consumer, the consumer is entitled to terminate the Service Plan according to the provisions in Section 11.3.

Section 4. Customer Responsibilities. The following is added to Section 4:

The costs of email and telephone communications are those applied by the telephone/internet service provider.

Section 11.3 is replaced with the following:

Termination by Customer. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. If Apple makes any changes to the Support Services that are materially detrimental to the consumer, for example canceling the support services in relation with the Customer’s product, the consumer shall be entitled to terminate the Service Plan and receive a refund of an amount equivalent to the remaining term of the Service Plan. To do so, Customer may call Apple at the telephone number listed on the details of coverage letter provided by Apple or send written notice together with a copy of the Service Plan’s original proof of purchase to the appropriate address listed in the table below.

Section 12. Apple; Governing Law. The following is added at the end of Section 12:

IF CUSTOMER IS A CONSUMER THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY OF PURCHASE OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.

Dispute Resolution. If Customer is a consumer and has entered into these Terms and Conditions with Apple. For the settlement of a dispute Customer has the possibility of an out of court online dispute resolution pursuant to Regulation (EU) No. 524/2013. The European Commission has established a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/. Apple is not required and does not intend to engage in online dispute resolution.

Apple is not required and does not intend to engage in alternative dispute resolution.

JAPAN

Section 9. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, APPLE’S AND ITS LICENSOR’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER IN THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICE PLAN ORDERED BY CUSTOMER. IN NO EVENT SHALL APPLE AND ITS LICENSOR HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, DAMAGE, CORRUPTION, OR LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, IN EACH CASE, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT APPLE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF CUSTOMER IS COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN ITS COUNTRY OF PURCHASE OR, IF DIFFERENT, ITS COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. THESE TERMS AND CONDITIONS GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.

Notwithstanding any other terms in these Terms and Conditions, if the Consumer Contract Act of Japan applies, terms that limit Apple’s liability for damages arising from breach of the contract or tort committed by Apple shall not apply if such damage is due to Apple’s intentional misconduct or gross negligence.

NEW ZEALAND

The rights described in these terms and conditions in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Consumer Guarantees Act 1993. Our services come with guarantees that cannot be excluded under the New Zealand Consumer Law. For failures of substantial character with the service, you are entitled (1) to cancel your service contract with us; and (2) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure is not of substantial character you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. For support contact Apple Support: Apple Sales New Zealand at PO Box A2629, Sydney South, NSW 1235.

PHILIPPINES

Clause 1. Services. The following is added to clause 1:

If the changes made to the Support Services are materially detrimental to the Customer, or would impose any additional burden to the Customer (financial or otherwise), the Customer is entitled to terminate the Service Plan according to the provisions in Section 11.3 below.

Clause 11.3. Termination by Customer.

Clause 11.3 shall read as follows:

11.3 Termination by Customer. Except as otherwise provided by law, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. Customer may also cancel a Service Plan if Apple makes any changes to the Support Services that may be reasonably deemed as materially detrimental to the Customer and receive a refund of an amount equivalent to the remaining term of the Service Plan. To do so, Customer may call Apple at the telephone number listed on the details of coverage letter provided by Apple or send written notice together with a copy of the Service Plan’s original proof of purchase to the appropriate address listed in the table below.

POLAND

The following country variations will apply when the Customer is an individual:

Section 1. Services. The following paragraph is added to Section 1:

If the changes made to the Support Services would negatively impact the consumer, the consumer is entitled to terminate the Service Plan according to the provisions in Section 11.3.

Section 2.5 is replaced with the following:

Section 8. Limited Warranty. The following sentence shall be added at the end of Section 8:

The above sentence finds no application in case any goods including products, or their parts are delivered to the Customer being a consumer as a result of providing the Support Services. In this regard the Customer may demand a replacement of delivered products or their parts for the ones free from defects or removal of the defect in accordance with the applicable consumer laws.

Section 9. Limitation of Liability. Section 9 is not applicable to consumers.

Section 10. Indemnity. Section 10 is not applicable to consumers.

Section 11. Term and Termination.

The following shall be added at the end of Section 11.1:

In case the Customer is a consumer, Apple may terminate a Service Plan upon thirty (30) days’ written notice to the Customer and only for important reasons including but not limited to: (i) if Customer fails to comply with these Terms and Conditions, or (ii) if Customer breaches a term of any software license agreement governing the use of software provided under a Service Plan. Upon termination by Apple in case of Customer being consumer Apple shall provide Customer with a pro rata refund for the Service Plan’s unexpired term.

The following sentence shall be added at the end of Section 11.2:

The above is without prejudice to statutory regulations regarding consumer's right of withdrawal from the contract pursuant to applicable consumer laws within 14 days of the Service Plan’s purchase date or Effective Date whichever occurs later.

Section 11.3 is replaced with the following:

Termination by Customer. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. If Apple makes any changes to the Support Services that are materially detrimental to the consumer, for example canceling the support services in relation with the Customer’s product, the consumer shall be entitled to terminate the Service Plan and receive a refund of an amount equivalent to the remaining term of the Service Plan. To do so, Customer may call Apple at the telephone number listed on the details of coverage letter provided by Apple or send written notice together with a copy of the Service Plan’s original proof of purchase to the appropriate address listed in the table below.

Section 12. Apple; Governing Law. The following is added at the end of Section 12:

IF CUSTOMER IS A CONSUMER THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY OF PURCHASE OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.

Dispute Resolution. If Customer is a consumer and has entered into these Terms and Conditions with Apple. For the settlement of a dispute Customer has the possibility of an out of court online dispute resolution pursuant to Regulation (EU) No. 524/2013. The European Commission has established a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/. Apple is not required and does not intend to engage in online dispute resolution.

Apple is not required and does not intend to engage in alternative dispute resolution.

TURKEY

The following country variations will apply when the Customer is an individual:

Section 1. Services. The following is added to Section 1:

If the changes made to the Support Services would negatively impact the Customer, the Customer shall be entitled to terminate the Service Plan with thirty (30) days prior notice to Apple and receive a refund of an amount equivalent to the remaining term of the Service Plan.

Section 10. Indemnity. This section shall not apply.

Section 11.1 is replaced with the following:

Termination by Apple. Apple may terminate a Service Plan without cause upon thirty (30) days’ written notice to Customer. Apple may immediately terminate a Service Plan if Customer fails to comply with these Terms and Conditions, or if Customer breaches a term of any software license agreement governing the use of software provided under a Service Plan. Upon such termination, Apple shall provide Customer with a pro rata refund for the Service Plan’s unexpired term.

Contact Information for Service Plan Cancellation