ProCare Details (US)
Apple Inc. (“Apple”) provides the ProCare services described herein to you (”you” or “customer”) on the following terms and conditions (“Terms and Conditions”). When you purchase ProCare or receive any ProCare services you are agreeing to these Terms and Conditions.
Complete SetupProCare customers are entitled to the setup of their new Apple Macintosh computer (Mac).
Complete Setup includes the data transfer of files from your old computer (PC or Mac) to your new Mac. To be eligible, customers must purchase their new Mac from a Apple Retail Store. Your old computer must be in working condition, have an Ethernet port, and run Windows 98 or later or Mac OS 8.5 or later. We will install your additional software if you have appropriate documentation showing proof of your license. Customers are required to complete the Complete Setup form and consult a Mac Genius prior to dropping off their equipment.
Rebuttal: Other than being "told" a Migration Assistant would be performed on my sick MacBook Pro to my new MacBook Pro, I was offered no other services. I was asked if I had backed up my data, and, due to previous experience with having computers swapped out, or hard drives going bad, I have purchased a number of Maxtor 1T and WesternDigital 500g external hard drives. At no point was it offered, nor was any data transfer and backup every done for me.
I own licensed copies of all requisite design software, and at no time was an installation offered (sentence above 'we will install your software if you have appropriate documentation showing proof of your license'). I own the software, have documentation, the appropriate serial and validation numbers, but this was never offered.
ProCare customers are entitled to schedule standard Genius Bar reservations up to 14 days in advance. Mac Genius consultation is intended for informational purposes only and for services pursuant to Apple’s standard Mac Genius program. Advance reservations are subject to availability, on a first-come, first-served basis. Customers are entitled to no more than three advance reservations per week.
ProCare customers are entitled to same-day consultation and repair drop-off services at the Genius Bar. To receive a Fast Track priority consultation with a Mac Genius, the customer must present a valid ProCare card at the Genius Bar. Fast Track is designed for quick technical consultations or repair drop-offs. Advance reservations are not necessary for Fast Track consultations, but they are recommended. Fast Track is subject to Mac Genius availability.
ProCare customers are entitled to Rapid Repair and are given priority over standard in-store repairs. Rapid Repairs are done on a first-come, first-served basis, and apply only to products that can be repaired in a Apple Retail Store. Additional terms and fees may apply for repair services. Certain repairs will not qualify for Rapid Repair service. See a Mac Genius for details.
ProCare customers are entitled to an annual preventative maintenance service tune-up for each Mac owned and registered in their name. The tune-up includes software updates for licensed Apple software where no paid upgrades are required. System diagnostics will be run to ensure your Mac and all of its components are functioning properly. Eligible Mac computers must be running Mac OS X v10.2 or later. ProCare customers are also entitled to standard LCD and keyboard cleaning.
ProCare customers are entitled to make a reservation for an annual backup consultation for a Mac owned and registered in their name. The consultation will provide the customer with an overview of the tools and processes involved in performing a data backup on their Mac (“Data Backup”) and may include recommendations for the separate purchase of additional hardware or software. Backup consultations are intended for informational purposes only. ProCare customers are responsible for the actual backup and integrity of their data at all times, including during a backup consultation, and should not rely upon this consultation as a means to receive a Data Backup from Apple. THIS IS NOT A DATA BACKUP SERVICE.
ProCare is only available for separate purchase at a Apple Retail Store for up to three Apple computers owned and registered in your name. Customers are limited to one ProCare membership per year. ProCare will be valid for one year from the date of purchase. If ProCare 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 the in-store services. ProCare services are valid only at Apple Retail Store locations 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. Presentation of your ProCare card and another form of identification may be required before ProCare services are provided. ProCare services are not transferable. Apple reserves the right to refuse, limit, or cancel any ProCare service and/or membership if a customer has displayed unreasonable behavior; is deemed to be violent, abusive or disruptive; or has otherwise breached these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of California, without regard to conflicts of law principles, and the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts of Santa Clara County, California. You should keep copies of these Terms and Conditions, and any sales receipts or other materials, for your records. Apple reserves the right to substitute, cancel, or add to any part of the Terms and Conditions, or end the offer, at any time without notice.
Data Protection and Authority
Apple is not liable for loss or corruption of data or your confidential, proprietary, or personal information or removable media. BEFORE YOU BRING IN YOUR MAC FOR ANY PROCARE SERVICE, INCLUDING A BACKUP CONSULTATION, YOU SHOULD MAKE A BACKUP COPY OF YOUR DATA AND REMOVE FROM YOUR MAC ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL INFORMATION AND REMOVABLE MEDIA SUCH AS FLOPPY DISKS, CDS, OR PC CARDS.
If any ProCare service involves accessing, using, or transferring data stored on your Mac, 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 ProCare 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.
The ProCare program is not intended to be a warranty, and any repair or service needed based on the ProCare services will be subject to any applicable warranty, extended service contract, or any other applicable repair terms or conditions (including applicable fees).
To the maximum extent permitted by law, and unless expressly stated otherwise, all ProCare services, including any documentation, publications, or other information provided therein by or on behalf of Apple to Customer, 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 PROCARE 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 PROCARE PROGRAM SHALL NOT EXCEED US$99. APPLE SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE ANY PRODUCTS OR EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA.
Labels: Apple Pro Care Membership