One to One Details (Canada)
Important
Apple Canada Inc. (“Apple”) provides the One to One services described herein to you (“you” or “customer”) on the following terms and conditions (“Terms and Conditions”). When you purchase One to One or receive any One to One services you are agreeing to these Terms and Conditions.
General
One to One membership is only available at the time of purchase to those customers who buy their Apple Macintosh computer (hereinafter “Mac”) in an Apple Retail Store, from the Apple Online Store (www.apple.com/ca), or through Apple TeleSales (800 MY-APPLE). If you decide to return your Mac, you will receive a full refund on your One to One membership and your account will be deactivated. Members are limited to a single One to One membership per year. Your One to One membership expires one year from the date of activation. If One to One is purchased by a minor (under 18) or on a minor’s behalf, an adult must be present to agree to these Terms and Conditions. An adult must be present with a minor under the age of 14 for the duration of any One to One services. One to One services are valid only at Apple Retail Store locations, for Macs owned and registered in your name, and cannot be used for service requests made through the online Apple Store, Apple Telesales (800-MY-APPLE), or any Apple reseller or service provider. One to One members may renew their membership within 30 days of expiration. Members may only renew their One to One membership a total of two times, for a total maximum membership period of three years. Members who purchased One to One prior to June 2, 2009, under prior One to One terms and conditions, are permitted to renew their One to One membership, one time, within 30 days of expiration of their current membership. No further renewals are permitted for such member. Upon activation One to One services are not transferable to any other person or entity. Apple reserves the right to refuse, limit, or cancel any One to One services and/or membership for any reason, including without limitation if a member has displayed unreasonable behavior; is deemed to be violent, abusive, or disruptive; or has otherwise breached these Terms and Conditions.
You agree and understand it is necessary for Apple to collect, process, and use your data in order to perform the service and support obligations under your One to One membership. Members will also receive periodic membership-related emails from Apple, such as notices regarding expiration of your account and changes to the One to One program. You may also receive requests to participate in member surveys. Apple will protect your information in accordance with Apple’s Privacy Policy, available at www.apple.com/legal/privacy. If you wish to have access to the information Apple holds concerning you or if you want to make changes, go to www.apple.com/contact/myinfo to update your personal contact preferences, or you may contact Apple at privacy-ca@apple.com.
These Terms and Conditions are governed by the laws of the Province of Ontario, without regard to conflicts of law principles, and both Apple and you irrevocably submit to the exclusive jurisdiction of the provincial and federal courts of Toronto, Ontario in the event of any action regarding these Terms and Conditions; however you may have other rights, which vary by jurisdiction. You should keep copies of these Terms and Conditions, and any sales receipts or other materials, for your records. Apple reserves the rights to substitute, cancel, or add to any part of the Terms and Conditions, or end the offer at any time without notice.
Service Terms
One to One services consist of Personal Setup, Personal Training Sessions, Personal Projects, and One to One Workshops. One to One services are subject to availability of service staff in our Apple Retail Stores.
Personal Setup
One to One members are entitled to the setup of one new Mac during the duration of their membership. If your membership is renewed consistent with the terms and conditions contained herein, you will be entitled to the setup of one new Mac during the duration of that renewed membership term provided you purchased the Mac from an Apple Retail Store, Apple Online Store, or Apple Telesales. This setup includes the data transfer of files from your old computer (PC or Mac) to your new Mac. In order to take advantage of file transfer services your old computer must be able to properly startup, have a working Ethernet, USB 2.0 or Firewire port, and run Windows XP or later or Mac OS 10.2 or later. Personal Setup must take place prior to use of your new Mac. If you put any data or information on your Mac prior to Personal Setup it will be erased and the Mac will be restored to its factory condition prior to transferring the data from your old computer. Upon your request, we will install any Apple hardware and software that was purchased in conjunction with your Mac. Personal Setup services include the transfer and integration of your email, contacts, calendars, music, photos, bookmarks, and documents from your personal user account, and not the accounts of others you might store on your old computer. Apple does not guarantee the transfer of all data from a personal computer to your new Mac, as certain PC data -- including without limitation certain email, contacts and calendar applications – may be not supported. Personal Setup is available only at Apple Retail Store locations, for Macs owned and registered in your name.
Personal Training, Personal Projects and One to One Workshops
Personal Training, Personal Projects and One to One Workshops services are intended for informational purposes only. These services can be done using your own Mac, or a Mac in the Apple Retail Store that will be provided for the session if you do not wish to use your own. Personal Training sessions are individual sessions between the One to One member and an Apple employee. Personal Project sessions occur in a group environment, with a trainer available to provide assistance and answer questions as each member works on their individual project. One to One Workshops also occur in a group environment, with each member focused on the same topic as education or information is provided to the entire group on specific applications or technology. Reservations for Personal Training, Personal Projects, and One to One Workshops are subject to availability on a first-come, first-served basis. Members must book their reservations online using the Apple Store Concierge scheduling system. The system shows up to 14 days of availability. Members can choose to book an upcoming reservation for either Personal Training or Personal Projects; however, concurrent reservations for both program types are prohibited. Members are allowed one upcoming reservation for One to One Workshops at any given time even if they also have an existing reservation for a Personal Training or Personal Project session. Personal Training and Personal Project topics include all Apple consumer applications. Personal Training sessions for certain Apple Pro applications is available in select Apple Retail Stores. Personal Training sessions start promptly at their scheduled time and instruction ends 50 minutes later, allowing up to 10 minutes for wrap-up. Arriving late to a Personal Training session may result in its cancellation or rescheduling. Apple reserves the right to change or cancel the date or time of any Personal Training, Personal Projects, or One to One Workshop session at any time, including replacing staff who may be scheduled to deliver the session.
Data Protection and Authority
Apple is not liable for loss or corruption of any data or any of your confidential, proprietary, or personal information or removable media. BEFORE YOU BRING IN YOUR COMPUTER FOR ANY ONE TO ONE SERVICE INCLUDING PERSONAL SETUP, YOU SHOULD MAKE A BACK-UP COPY OF YOUR DATA, REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL INFORMATION, AND DISCONNECT MEDIA OR DEVICES SUCH AS CDS, DVDS, PC CARDS OR FLASH DRIVES.
If any One to One service involves accessing, using, or transferring data stored on your Mac or old computer, you represent that you have the legal right to access, copy, or use any such data and to permit Apple to do so, and authorize any such use by Apple. You also agree that if any One to One service involves installing software on your Mac, you have the legal right to agree to the terms of any applicable software license and authorize Apple to accept such terms on your behalf in performing the services.
Warranty
To the maximum extent permitted by law, all One to One services, including any documentation, publications, or other information provided therein by or on behalf of Apple to member, are furnished on an “AS-IS” basis without warranty of any kind as to its accuracy or completeness. THE WARRANTIES, CONDITIONS, AND REMEDIES CONTAINED IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, AND REPRESENTATIONS. EXCEPT AS PROVIDED HEREIN, AS PERMITTED BY APPLICABLE LAW, APPLE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS, AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL, OR FITNESS FOR A PARTICULAR PURPOSE. No Apple employee or agent is authorized to make any modification, extension, or addition to this warranty.
Limitation of Liability
APPLE AND ITS AFFILIATES, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE ONE TO ONE PROGRAM OR SERVICES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA, OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, OR ANY LOSS OF BUSINESS, PROFITS, REVENUE, OR ANTICIPATED SAVINGS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ITS AFFILIATES’, EMPLOYEES’, AND AGENTS’ TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS ARISING UNDER THE ONE TO ONE PROGRAM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR ONE TO ONE MEMBERSHIP.
