Terms and Conditions for Apple Gift Cards and Codes, Apple Account Associated Balance, and Content Codes

Updated Terms: These terms came into effect on?August 1, 2024

1. Acceptance of Terms and Updates

These Terms and Conditions (“Terms”) apply to any purchaser or user (“you”, “your”) of an Apple gift card or code (including the Apple Gift Card), Apple Account Associated Balance, or content code. Your purchase or use constitutes acceptance of these Terms. We may update these Terms from time to time at our discretion. We will provide you with notice of the updated Terms by posting the updated Terms on this page, and the Terms will be effective upon posting. Please check back regularly to review the current Terms.

2. Issuer, Apple Account, Associated Balance, Apple Gift Cards?

Apple gift cards are issued and managed by Apple Canada Inc. (“Issuer”, “we”, “us”), an Ontario registered company. Issuer is an affiliate of Apple Inc. (“Apple”), which facilitates the generation of content codes.?Issuer expressly assumes all rights, obligations, and liabilities of Apple Value Services, LLC relating to gift card issuance and redemption. Issuer has the right to transfer outstanding gift card obligations to any third party, at its sole discretion, at any time and without notice.

You can link physical or digital Apple gift cards or codes with your Apple Account (“Account”) or add funds through the App Store, iTunes Store, Apple TV App, Apple Books, or Apple Music to the balance associated with your Account to establish an “Associated Balance.” The amount available in your Associated Balance includes all gift cards and codes linked to your Account and the total balance of all funds added to your Associated Balance.

When you link your physical or digital Apple gift cards with your Associated Balance, add funds to your Associated Balance, or click the “plus” icon in your Apple Wallet app, we may provision a virtual Apple Account Associated Balance card to your Wallet app (“Virtual Card”). Your Virtual Card is a digital depiction of your Associated Balance that can be used at Apple Retail Stores. In order to create and use a Virtual Card, you must have an iPhone or Apple Watch that: (a) is capable of utilizing Apple Pay and associated with your Apple Account (“Eligible Devices”); (b) has a version of operating software that supports the Virtual Card; and (c) is Apple Pay enabled. Your use of the Virtual Card is subject to the terms and conditions that Apple may establish from time to time regarding the use of Apple Pay and other limitations of the Apple Pay platform. If you choose to add funds to your Associated Balance in your Apple Wallet app, your Apple Pay payment method may be used.

Physical and digital Apple gift cards and codes (including the Apple Gift Card), Associated Balances, and the Virtual Card are, collectively, “Gift Cards”.

You can use your Gift Cards to purchase content, apps, and services (collectively, “Content”) from Apple Media Services and items (“Products”) from Apple Retail Stores, Apple online stores, and the Apple Store App. If you are the holder of an App Store and iTunes gift card or code balance, or have a balance in your Associated Balance, you can now use the card and code balance and the Associated Balance to purchase Products as well as Content.

3. Restrictions on Use of Gift Cards

You can use all forms of Gift Cards in Apple Retail Stores, on the Apple online store, the Apple Store app, or by calling 1-800-MY-APPLE, and to purchase Content.

Once you link a physical or digital gift card or code to your Account, the balance becomes associated with your Associated Balance, and you will no longer be able to use the physical or digital card or code, including in Apple Retail Stores.

Gift Cards purchased in Canada and content codes can only be linked to an Account in Canada and can only be used for purchases in Canada. However,?Products purchased online from Apple only ship within Canada. No shipments can be made to P.O. Box addresses or addresses outside of Canada.

Some Gift Cards may indicate they can only be used to purchase Products. If you purchased or use a Gift Card that indicates it is only for Products, you cannot use that Gift Card to purchase Content.?

4. Auto Reload Functionality

You may have the option to add funds to your Associated Balance on a recurring basis ("Auto Reload"). Once enabled, Auto Reload continues until cancelled. You may cancel Auto Reload in your Auto Reload screen at App Store > Account > Add Funds tab up to one day prior to a scheduled Auto Reload. In some countries, the Add Funds tab may be labeled "Add Money".

With Auto Reload, you select the reload amount. You also select the timing: for example, weekly, bi-weekly, or monthly, or when your Associated Balance falls below a set amount.

For example, if you set Auto Reload to add $10 to your Associated Balance "monthly" at the "End of Month", your payment method will be charged $10 and $10 will be added to your Account balance on the 28th, 29th, 30th, or 31st of the month, whichever is the last day in the then-current month. Alternatively, if you set Auto Reload to add $10 to your Associated Balance when it falls below $5, your payment method will be charged $10 and $10 will be added to your Associated Balance each time it falls below $5.

The payment method charged is the default payment method you have on file with Apple Media Services. If your default payment method is updated, the updated payment method will be charged. If we cannot charge your payment method for any reason, another payment method on file may be charged or, if that is not available, it may result in your Associated Balance not being funded.?

We reserve the right, in our sole discretion, to pause or disable Auto Reload. This may occur if there is fraud, misconduct, illegal behavior, inactivity, maintenance, a change in law, a need for verifying information, a problem with the payment method on file (such as expiration or insufficient funds), or if the functionality is no longer offered, your Associated Balance reaches a limit set by law or regulation, or for other reasons.

5. Additional Restrictions ?

Gift Cards are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; or used to purchase Gift Cards. Unused Associated Balances are not transferable. Issuer maintains information about the status of gift cards or codes. Contact Apple for information about the status of your Account and any Associated Balance. To check the available balance on a gift card, call 1-800-MY-APPLE or visit?mijiaqkg.cn/go/gcb/ca.

You agree to not use Gift Cards or content codes in any manner that is unlawful, misleading, deceptive, unfair, or otherwise harmful to Issuer, Apple, or its customers. We and Apple?reserve the right, without notice to you, to void or deactivate Gift Cards or content codes without a refund, suspend or terminate Accounts, request alternative forms of payment, suspend or terminate the ability to purchase Products or to purchase or use Content, cancel or limit orders, and bill alternative forms of payment if we suspect Gift Cards or content codes were obtained, used, or associated with an Account unlawfully, fraudulently, or otherwise in violation of these Terms.

You must spend any Associated Balance in order to close your Account (except as required by law).

6. Purchases

Content.?When you purchase Content, the funds will be deducted first from the amount available in your Associated Balance. Any unused amount will remain in your Associated Balance. If your purchase exceeds the amount available in your Associated Balance, another payment method on file may be charged. If that is not available, you will be asked to pay with another payment method or the transaction will be cancelled.

Use of Gift Cards or content codes to purchase Content in Canada requires an Account in Canada and acceptance of the?Apple Media Services?Terms and Conditions at?http://mijiaqkg.cn/legal/internet-services/itunes/ca/terms.html. An Account is necessary to access and use Content. Apple may update the terms related to Accounts, Content, Products, and content codes. Data collection and use is subject to Apple’s Privacy Policy at?http://mijiaqkg.cn/legal/privacy/en-ww/.

Products at Apple Online Store, Apple Store App, or By Calling 1-800-MY-APPLE.?When you purchase from the Apple online store, Apple Store app, or through 1-800-MY-APPLE, the funds will be deducted first from the amount available on any gift cards or codes you enter at checkout, and second from the amount available in your Associated Balance (if you are logged in to your Account and choose to apply your Associated Balance). Any unused amount will remain on your gift cards or codes or Associated Balance, respectively. If a purchase exceeds the amount available in your gift cards or codes and Associated Balance, another payment method on file or credit card you enter may be charged. If that is not available, you will be asked to pay with another payment method or the transaction will be cancelled. Gift Cards cannot be used for purchases in combination with Apple Pay or PayPal, or with payments split across multiple credit cards.

If you use a payment method on file to add funds to your Associated Balance, prior to charging the payment method on file, an authorization will occur for the amount of your purchase.

7. Promotional Programs

From time to time, we may, in our sole discretion, run promotional programs associated with Gift Cards (“Promotion(s)”). Promotions may also be run by Apple or by a participating retailer or developer (“Qualifying Retailer”). If you purchase a Gift Card during a Promotion in Canada, you may be eligible to receive a monetary or content bonus (“Bonus”) upon association of the Gift Card with your Account during the promotional period.?We, Apple, and Qualifying Retailers may modify or end a Promotion, or change its terms and conditions, at any time, for any reason, and without prior notice.?

Promotion Period.?Bonuses are only available during the promotional period, as defined by the Promotion terms and conditions, and while supplies last. The Bonus must be associated with an Account by the end of the period listed in the terms of the Promotion. You must be an individual end user located in Canada to obtain the Bonus and we, Apple and the Qualifying Retailers reserve the right to deny the Bonus to end users located outside Canada.?

Restrictions.?From time to time, Apple Media Services may run Promotions. Promotions may be limited by Account type, device, family status, or payment method associated with your Account. Only one Bonus may be obtained per Account unless otherwise stated in the terms and conditions of the Promotions.

Redemptions of Bonuses are subject the Apple Media Services Terms and Conditions at?http://mijiaqkg.cn/legal/internet-services/itunes/ca/terms.html?and these Terms. Promotions’ terms and conditions do not alter, in any way, the Apple Media Services Terms and Conditions or these Terms.?

Your Bonus is personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. Bonuses are not eligible for refund or exchange. Bonuses received as a result of a Promotion are promotional and have no cash value. Promotions are void where prohibited or restricted by law.?

8. Risk of Loss ?

Neither Issuer nor Apple is responsible for any loss or damage resulting from any lost or stolen Gift Cards or content codes, or use without permission. For physical gift cards and codes, risk of loss and title pass to the purchaser upon purchase. For electronic gift cards and codes, risk of loss and title pass to the purchaser upon electronic transmission to recipient. For content codes, which are distributed by Apple, risk of loss and title pass to the recipient upon physical or electronic transmission to the recipient. For the avoidance of doubt, such recipient may not always be the original purchaser.

9. Limitation of Liability, Disclaimer of Liabilities?

ISSUER, APPLE, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, CONTENT CODES, OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD OR A CONTENT CODE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD OR CONTENT CODE. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY BE LIMITED BY APPLICABLE LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

10. Waiver and Indemnity??

NOT APPLICABLE IN QUEBEC; BY USING A GIFT CARD OR CONTENT, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS ISSUER, APPLE, AND ISSUER’S AND APPLE’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS, WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF GIFT CARDS OR CONTENT, OR ANY ACTION TAKEN BY ISSUER OR APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM ISSUER, APPLE, AND ISSUER OR APPLE’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, WARN OR NOT WARN YOU, SUSPEND OR TERMINATE YOUR ACCESS TO GIFT CARDS OR YOUR ACCOUNT OR CONTENT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ISSUER’S OR APPLE'S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.

11. Governing Law?

Except as to the extent expressly provided in the following paragraph, these Terms and the relationship between you and us shall be governed by the laws of the province or territory in which you reside, excluding its conflict of laws provisions. ? If: (a) you are not a Canadian citizen; (b) you do not reside in Canada; (c) you are not accessing the Content from Canada; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these Terms shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of courts located in the state, province or country identified below whose law governs.

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.

Last updated: August 1, 2024