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Apple Care Protection Plan For IPad

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    							21
    English
    AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. 
    FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF 
    CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS 
    CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND 
    REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO 
    THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS 
    MAY BE LIMITED, APPLE’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, 
    TO REPLACE OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY 
    OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE 
    EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL 
    DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT 
    APPLY TO YOU.
    5.  Cancellation
    You may cancel this Plan at any time for any reason. If you decide to 
    cancel either call Apple at the telephone number below, or send or 
    fax written notice with your Plan Agreement Number to AppleCare 
    Administration, P.O. Box 149125, Austin, TX 78714-9125, U.S. (fax number 
    916-405-3973). 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. 
    If you cancel more than thirty (30) days after your receipt of this  
    						
    							22EnglishPlan, you will receive a pro rata refund of the original purchase price, 
    based on the percentage of unexpired Coverage Period, less (a) a 
    cancellation fee of twenty-five ($25 USD) dollars or ten percent (10%) 
    of the pro-rata amount, whichever is less, and (b) the value of any 
    service provided to you under the Plan. Unless applicable local law 
    provides otherwise, Apple may cancel this Plan if service parts for the 
    Covered Equipment become unavailable, upon thirty (30) days’ prior 
    written notice. If Apple cancels this Plan, you will receive a pro-rata 
    refund for the Plan’s unexpired term.
    6.  Transfer of Plan
    Subject to the restrictions set forth below, you may make a one-time 
    permanent transfer of all of your rights under the Plan to another 
    party, provided that: (a) the transfer includes a copy of the Plan’s 
    original Proof of Purchase, the Plan’s Certificate 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, 
    faxing or e-mailing notice of transfer to Apple Inc., ATTN: Agreement 
    Administration, MS: 217-AC, 2511 Laguna Blvd, Elk Grove, CA 95758, 
    U.S., fax number 916-405-3655 or [email protected], 
    respectively, and (c) the party receiving the Plan reads and 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 numbers of the Covered Equipment being transferred, a  
    						
    							23
    English
    copy of the Plan’s original proof of purchase and the name, address, 
    telephone number and email address of the new owner.
    7.  General Terms
    a.   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.
    b.   Apple is not responsible for any failures or delays in performing 
    under the Plan that are due to events outside Apple’s reasonable 
    control.
    c.   You are not required to perform preventative maintenance on 
    the Covered Equipment to receive service under the Plan.
    d.   This Plan is offered and valid only in the United States of America 
    and Canada. This Plan is not offered to persons who have not 
    reached the age of majority. This Plan may not be available in all 
    states or provinces, and is not available where prohibited by law.
    e.   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.
    f.   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  
    						
    							24Englishto affiliated companies or service providers in accordance with 
    the Apple Customer Privacy Policy.
    g.   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.
    h.  
    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 Apple at  
    [email protected].
    i.   The Terms and Conditions of this Plan 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. 
    						
    							25
    English
    j.
      Your rights under the Plan are in addition to any warranty rights 
    you may be entitled to. You must purchase and register the Plan 
    while your Apple-branded product 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.
    k.   There is no informal dispute settlement process available under 
    this Plan.
    l.   For Plans sold in the United States, “Apple” is AppleCare Service 
    Company, Inc. an Arizona corporation with offices at c/o Apple, 
    1 Infinite Loop, (MS: 3-MAL) Cupertino, CA 95014 doing business 
    in the state of Texas as Apple CSC, Inc., and the obligations of 
    such Plans are backed by the full faith and credit of the provider, 
    AppleCare Service Company, Inc. For Plans sold in Canada, “Apple” 
    is Apple Canada Inc., with offices at 7495 Birchmount Road, 
    Markham, Ontario, L3R 5G2, Canada. Apple Canada Inc. is the 
    legal and financial obligor for Plans sold in Canada.
    m.  The Administrator for Plans sold in the United States is Apple 
    Inc. a California corporation with its registered office at 1 Infinite 
    Loop, Cupertino, California 95014 (the “Administrator”).  The 
    Administrator is responsible for the collection and transfer to 
    AppleCare Service Company, Inc. of the purchase price for the 
    Plan and for the administration of claims under the Plan.  
    						
    							26Englishn.
      Except where prohibited by law, the laws of the state of California 
    govern Plans purchased in the United States. Except where 
    prohibited by law, the laws of the province of Ontario govern 
    Plans purchased in Canada. If the laws of any jurisdiction where 
    this Plan is purchased are inconsistent with these terms, including 
    the jurisdictions of Arizona, Florida, Georgia, Nevada, Oregon, 
    Vermont, Washington, and Wyoming, the laws of that jurisdiction 
    will control.
    o.   Support services under this Plan may be available in English and 
    French only.
    p.   There is no deductible payment due in respect of a claim made 
    under this Plan. 
    q.   The Plan will not be cancelled due to pre-existing conditions  
    in the Covered Equipment that are eligible for service under 
    the Plan. 
    8.  State Variations
    The following U.S. state variations will control if inconsistent with any 
    other provisions of this Plan:
      Alabama, California, Hawaii, Maryland, Minnesota, Missouri, New 
    Mexico, New York, Nevada, South Carolina, Texas, Washington and 
    Wyoming Residents 
    						
    							27
    English
    If you cancel this Plan pursuant to Section 5 of these Terms and 
    Conditions, and we fail to refund the purchase price to you within 
    thirty (30) days for California, New York, Missouri and Washington 
    residents, within forty-five (45) days for Alabama, Hawaii, Maryland, 
    Minnesota, Nevada, South Carolina, Texas and Wyoming residents, and 
    within sixty (60) days for New Mexico residents, we are required to 
    pay you a penalty of 10% per month for the unpaid amount due and 
    owing to you. The right to cancel and receive this penalty payment 
    only applies to the original owner of the Agreement and may not be 
    transferred or assigned. The obligations of the provider under this 
    service contract are backed by the full faith and credit of the provider, 
    AppleCare Service Company, Inc.
      California Residents
    If you cancel within thirty (30) days of your Plan receipt, you will 
    receive a full refund less the value of any service provided under  
    the Plan.
      Colorado Residents
    Notice: This Plan is subject to the Colorado Consumer Protection Act 
    or the Unfair Practices Act, Articles 1 and 2 of Title 6, CRS.
      Connecticut Residents
    The expiration date of the Plan will automatically be extended by 
    the period that the Covered Equipment is in Apple’s custody while  
    						
    							28Englishbeing serviced. Resolution of Disputes: Disputes may be resolved by 
    arbitration. Unresolved disputes or complaints may be mailed, with 
    a copy of this Plan, to State of Connecticut, Insurance Dept., P.O. Box 
    816, Hartford, CT 06142-0846, Attn: Consumer Affairs.
      Florida Residents
    The laws of the State of Florida will govern this Plan and any disputes 
    arising under it. The rate charged for the contract is not subject to 
    regulation by the Florida Office of Insurance Regulation.
      Michigan Residents
    If performance of the service contract is interrupted because of a 
    strike or work stoppage at the company’s place of business, the 
    effective period of the service contract shall be extended for the 
    period of the strike or work stoppage.
      Nevada Residents
    Cancellations: No Plan that has been in effect for at least 70 days may 
    be canceled by the provider before the expiration of the agreed term 
    or one year after the effective date of the Plan, whichever occurs first, 
    except on the following grounds:
    a.  Failure by the holder to pay an amount due;
    b.   Conviction of the holder of a crime which results in an increase in 
    the service required; 
    						
    							29
    English
    c.
      Discovery of fraud or material misrepresentation by the holder 
    in obtaining the Plan, or in presenting a claim for service 
    thereunder;
    d.   Discovery of an act or omission by the holder, or a violation by 
    the holder of any condition of the Plan, which occurred after the 
    effective date of the Plan and which substantially and materially 
    increases the service required under the Plan;
    e.   A material change in the nature or extent of the required service 
    or repair which occurs after the effective date of the Plan and 
    which causes the required service or repair to be substantially 
    and materially increased beyond that contemplated at the time 
    that the Plan was issued or sold. 
    Grounds for cancellation; date cancellation effective. No cancellation of 
    a service contract may become effective until at least 15 days after 
    the notice of cancellation is mailed to the holder.
    Cancellation of contract; Refund of purchase price; cancellation fee.
    (i)  If Apple cancels this Plan, Apple shall refund to Nevada 
    consumers the portion of the purchase price that is unearned. 
    Apple may deduct any outstanding balance on your account 
    from the amount of the purchase price that is unearned when 
    calculating the amount of the refund. If Apple cancels a contract 
    pursuant to NRS 690C.270, it may not impose a cancellation fee. 
    						
    							30English(ii) 
    Except as otherwise provided in this section, a Nevada resident 
    who is the original purchaser of this Plan, who submits to Apple 
    a request in writing to cancel the Plan in accordance with the 
    terms of the Plan, shall receive a refund of the portion of the 
    Plan’s purchase price that is unearned.
    (iii)  If you request the cancellation of this Plan, Apple may impose 
    the cancellation fee described in the Plan, but will not deduct the 
    value of any service provided.
    (iv)  When Apple calculates the amount of a refund pursuant to 
    subsection (ii), it may deduct from the portion of the purchase 
    price that is unearned: (a) any outstanding balance on the 
    account; and (b) any cancellation fee imposed pursuant to this 
    Plan. AppleCare Service Company, Inc. backs this Plan for Nevada 
    residents by its full faith and credit.
      New Hampshire Residents
    In the event you do not receive satisfaction under this contract,  
    you may contact the New Hampshire insurance department,  
    by mail at State Of New Hampshire Insurance Department,  
    21 South Fruit Street, Suite 14, Concord NH 03301, or by telephone,  
    via Consumer Assistance, at 800-852-3416. 
    						
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