Apple Canada Inc. and Apple Inc. (formerly known as Apple Computer, Inc.) – First, Second and Third Generation iPod Battery Settlement Program in Canada
NOTICE OF COURT APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS THE CLASS: A proposed settlement has been approved by the Superior Court of Quebec on June 11, 2008 and by the Ontario Superior Court of Justice on August 6, 2008 with respect to the following class actions filed against Apple Inc. (formerly known as Apple Computer, Inc.) and Apple Canada Inc.: Ines Lenzi (N° 500-06-000296-059 Superior Court, District of Montreal; 500-09016463-069 Quebec Court of Appeal, District of Montreal); and Bradley Waddell (Ontario Superior Court of Justice, Court File No. 05-CV200513CP),
on behalf of themselves and the Class defined as: All persons residing in Canada who purchased in Canada or obtained in Canada for their own use and not for resale a new First, Second or Third Generation iPod on or before June 24, 2004. Excluded from the Class are those Persons who are able to benefit or have benefited from the APP or the BRP. Also excluded from the Class are (i) Apple, (ii) any entity in which Apple has a controlling interest, (iii) Apple’s directors, officers and employees, (iv) Apple’s legal representatives, successors and assigns; (v) any judge to whom the Litigation is assigned and the members of his or her immediate family and (iv) all Persons who timely and validly request exclusion from the Class pursuant to the Settlement Notice disseminated and published in accordance with the Approval Orders.
SUMMARY: Apple Inc. (formerly known as Apple Computer, Inc.) and Apple Canada Inc. have agreed to provide an Apple Online Store credit of CDN $45.00 under the following conditions: you must be a resident of Canada and have purchased in Canada or obtained in Canada for your own use and not for resale a new First, Second or Third Generation iPod purchased on or before June 24, 2004; AND
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your iPod must have experienced a Battery Failure during the second year following purchase, i.e. the capacity of the iPod battery to hold an electrical charge has dropped to four hours or less of continuous audio playback, with earbuds attached, with respect to a Third Generation iPod, or five hours or less of continuous audio playback, with earbuds attached, with respect to a First or Second Generation iPod.
Excluded are Class Members who have utilized Apple’s AppleCare Protection Plan for iPod (“APP”) or Battery Replacement Program (“BRP”). Employees of Apple Canada Inc. and Apple Inc. (formerly known as Apple Computer, Inc.) do not qualify. The Apple Online Store credit of CDN $45.00 is subject to the following terms and conditions: (a) (b) (c) A Store Credit may only be used in the 12 months following the date of issuance; A Store Credit may only be used to make an online order on the Apple Canada Online Consumer Store; A Store Credit may not be used on the Apple online education store or any Apple online specialty store, and may not be used to purchase gift cards, gift certificates, software downloads, iTunes content, refurbished products, any products which are not Apple-branded, or any products redeemable for cash. More specifically, and without limiting the generality of the foregoing, a Store Credit cannot be used to purchase or obtain a refund on iTunes content, iTunes Store Cards, iTunes Store Gift Certificates, iTunes Song Codes or Allowances, or any products redeemable for iTunes content; A Store Credit may be transferred one time only, and can not be aggregated with another Store Credit or redeemed for cash; A Store Credit may be used to purchase multiple products but, in all instances, the full value of the Store Credit must be used up or exhausted in a single transaction; The Store Credit can be used to cover taxes and shipping and handling costs.
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Class Members must mail their Claim Forms no later than 120 days after the publication in the newspapers of this Settlement Notice.
CLASS COUNSEL FEES: In addition, Apple Inc. (formerly known as Apple Computer, Inc.) and Apple Canada Inc. have agreed to pay the legal fees and disbursements of class counsel (plus taxes) as more described in the Settlement Agreement. This amount is paid over and above any compensation to Class Members and will not come out of or in any way reduce the settlement payments to Class Members under the proposed settlement.
IMPORTANT DATES: The settlement as approved by the Courts is binding on all Class Members except those who timely and properly opt out. If you opt out, you will not be entitled to make a claim or to receive any Store Credit from the iPod Settlement Program. If you opt out, you should be aware that there are strictly enforced time limits within which you must take formal legal action to pursue your claim. By opting out, you will take full responsibility for taking all necessary legal steps to protect your claim. To opt out, you must complete the Opt Out Form and it must be received by the Apple Canada iPod Claims Administrator Resolve Corporation on or before November 4, 2008. Class Members must mail their Claim Forms no later than 120 days after the publication in the newspapers of this Settlement Notice.
FURTHER INFORMATION: A complete copy of the Settlement Agreement, the Claim Form and the Opt Out Form, and detailed information on how to obtain or file a Claim and Release Form are available on Class Counsel’s website at www.trudeljohsnton.com or www.legaladvocates.ca and on the Claims Administrator Resolve Corporation website at www.appleipodsettlement.com. To obtain a paper copy, please call the Claims Administrator Resolve Corporation at 1-800-480-2666. The law firm of Bell Phillips Gill Young LLP represents the Class Members residing in all jurisdictions other than Québec. They can be reached by telephone at 416-366-3777 and their address is 53 Jarvis Street, Suite 300, Toronto, Ontario, M5C 2H2. The law firm of Trudel & Johnston SENC represents the Class Members residing in Québec. They can be reached by telephone at 514-871-0702 or by e-mail at info@trudeljohnston.com and their address is 85, de la Commune Street East, 3rd Floor, Montreal, Quebec, H2Y 1J1. If there is a conflict between the provisions of this Notice and the Settlement Agreement and any of its Schedules, the terms of the Settlement Agreement shall prevail.
This notice has been approved by the Québec Superior Court and the Ontario Superior Court of Justice.