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  1. #1
    Player
    WarJunkie's Avatar
    Join Date
    Aug 2013
    Posts
    11
    Character
    Bastion Hightower
    World
    Cerberus
    Main Class
    Gladiator Lv 17
    Quote Originally Posted by Eekiki View Post
    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...
    (0)
    "He was a bastion against the darkness, a tower that rose high above the evil that surrounded him"

  2. #2
    Player
    Tachi_Gekko's Avatar
    Join Date
    Jan 2012
    Posts
    17
    Character
    Tachi Gekko
    World
    Hyperion
    Main Class
    Conjurer Lv 50
    Quote Originally Posted by WarJunkie View Post
    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.
    (0)