Something for Square Enix to Read

[Eekiki]

Unfortunately SE (and every other software publisher) gets around this by forcing everyone to agree that the software is provided "as is" and that their customers have no legal recourse to hold them accountable when their software doesn't work.

In fact, according to the license agreement, we don't even own the software that we paid for. We are all at the mercy of SE and there's nothing we can do about it. We paid our money, so the joke's on us.

[WarJunkie]

Unfortunately SE (and every other software publisher) gets around this by forcing everyone to agree that the software is provided "as is" and that their customers have no legal recourse to hold them accountable when their software doesn't work.

In fact, according to the license agreement, we don't even own the software that we paid for. We are all at the mercy of SE and there's nothing we can do about it. We paid our money, so the joke's on us.

Actually in Australia that may not actually be the case. It is very well established that "despite what is in a contract, there may be terms and conditions outside that agreement that the law imposes. For example, it's no use having a clause saying 'no refunds' when the law actually gives people a non-excludable right to a refund under certain circumstances".

And changes in Consumer and Fair Trading Laws treat many online purchases as subject to the laws of the purchaser's location rather than that of the seller i.e. if you buy it from an online site in Japan and your in Australia it is as if you bought it from an Australian based retailers.

Just some food for thought...

[Tachi_Gekko]

Actually in Australia that may not actually be the case. It is very well established that "despite what is in a contract, there may be terms and conditions outside that agreement that the law imposes. For example, it's no use having a clause saying 'no refunds' when the law actually gives people a non-excludable right to a refund under certain circumstances".

And changes in Consumer and Fair Trading Laws treat many online purchases as subject to the laws of the purchaser's location rather than that of the seller i.e. if you buy it from an online site in Japan and your in Australia it is as if you bought it from an Australian based retailers.

Just some food for thought...

While that's nice, no one in the world has a case against SE.

You paid for the software. You have the software. Whether it's usable or not is another story. The software starts, and is functional. You just can't connect to the other half. If you were paying Square for a constant service (which no one is yet, and never will be, because in the TOS they specifically say downtime will happen,) then you'd have something.

There is no case, for anyone on these forums, to sue SE. Especially over $39.99. That's a joke, and their lawyers would make you look and feel bad.

[Sonitus]

I don't mean to be rude or stepping on toes or anything but I'm sure when they put together their 20 page ToA they 'tied this knot' somewhere along the way.

But yeah its still early we'll see.

[SakiKoyo]

Sadly for SE your local consumer rights normaly take precident over Terms and conditons, they can write up some stuff i am sure but the consumer is protected regardless.

[Svichi]

It hasn't even been two days. 2 days! And in 2 more days it'll be officially released. Now if this persists for a week, then I'd say you have a legitimate reason to go running down to SE's offices with torches and pitch forks. Until then just sit tight with the rest of us.

[Sonitus]

It hasn't even been two days. 2 days! And in 2 more days it'll be officially released. Now if this persists for a week, then I'd say you have a legitimate reason to go running down to SE's offices with torches and pitch forks. Until then just sit tight with the rest of us.

That's the thing a lot of people are failing to grasp. I understand we're all upset and annoyed over this inconvenience but we have to remember they didn't even have to GIVE us an early access to begin with. What is happening right now means this game is a lot more popular than they thought it would be, which is good. If this continues to happen a week from now then there is justification to be 'Up in arms'. A lot of people venting and complaining are the ones who haven't experienced launch games for online games. No I'm not talking about just any launch game I'm talking about POPULAR online games.

Just give SE a chance guys let them fix this before release. Although if you're so hellbent on jumping ship on a game you claim to enjoy and support on its early access then good riddance. Less queue time for people on the more popular servers.

[Efesell]

Basically no matter how awesome of an armchair lawyer you might fancy yourself, SE and any other outfit are going to have a solid way of going "Yeah, no dice. Sorry".

[Solace]

There are laws that protect consumers for a reason..
The people who think no one has a right to complain, are just children or simply too ignorant, to know any better.

Cash tendered for services rendered.
That's how the world works..
Not cash tendered for services not delivered..
Period..

Hang in there a bit and let them try to fix it though.
Don't just jump on the refund band wagon..

[ImaDeadmage]

One can question legalities as much as we like, doubt there will be a legal problem for SE. From my perspective the problem is retaining players and not receiving adverse publicity which may affect the success and popularity of the game in the future. Problems can be tolerated if we receive information ..... their communication concerning this problem is unacceptable. Tell us what's up and what time they need and less for us to be upset about. SE PLEASE READ THIS, TELL US WHAT IS UP AND HOW LONG YOU NEED SO WE CAN GET ON AND DO SOMETHING ELSE WITH OUR TIME WHILE IT GETS FIXED.