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  1. #1

    Australian Consumer Rights - Quality Control And Account Suspension

    Consumer guarantees applying to goods
    Businesses that sell goods guarantee that those goods:

    - are of acceptable quality - the goods must be safe, lasting, have no faults, look acceptable and do all the things someone would normally expect them to do
    - are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication), or the purpose for which the business said it would be fit for
    - have been accurately described
    - match any sample or demonstration model
    - satisfy any express warranty
    - have a clear title, unless you otherwise advise the consumer before the sale
    - come with undisturbed possession, so no one has the right to take the goods away from or to prevent the consumer from using them
    - are free from any hidden securities or charges
    - have spare parts and repair facilities reasonably available for a reasonable period of time, unless the consumer is advised otherwise.
    If you sell a customer a product that fails to meet one or more of the consumer guarantees, they are entitled to a remedy – either a repair, replacement or refund and compensation for any consequential loss

    Perhaps some thought for Ubisoft when selling a product in Australian stores?
    Australians are entitled to refunds on the game if they so choose. They are also allowed to pursue compensation for prevention from using the product.



    Source:
    https://www.accc.gov.au/business/tre...ts-obligations
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  2. #2
    Strange that you didn't post this before bans were announced for cheaters within the game.

    Did you think that cheating was part of the game?
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  3. #3
    F.Y.I OP

    Copy and pasted from a reply I made in another thread regarding refunds in Australia.

    -----------------------------------------------------------------------------------------

    If you purchased your game via steam in Australia you can apply for a refund under the Australian Consumer Law (ACL).

    As of late march 2016, the ACL now applies to all products sold via steam in Australia.

    Short and curlies of ACL include......its illegal for companies to not offer refunds (T&Cs do not over ride the ACL/ law in Australia) and all T&Cs over roughly a page are automatically invalid.

    However, if you have played the hours you have stated, you may find it difficult to prove that you are entitled to a refund. Previous cases whereby a consumer has won against software companies (ie, Diablo 3 after launch in Korea) did so by demonstrating they could not log on and play the game at all. A large amount of hours played may constitute a reasonable amount of enjoyment for the money you have spent. But considering that the DZ is so broken for PC players, Id say go for it.

    But the overall decision isn't up to you, me or Ubisoft/steam, its up to the relevant ACL state body in Australia....again, thats if you purchased it via steam in Australia.

    Cheers
    CC123
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  4. #4
    Adzzy's Avatar Junior Member
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    Continued access comes more under services regulations than goods regulation, there'd be an argument for a refund based on the bugs and issues, but you'd be as likely to get your money back from being banned as a season ticket holder does if he gets banned from the venue. There is certainly no consumer law preventing people from being barred access for disruptive behaviour.
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  5. #5
    Originally Posted by Adzzy Go to original post
    Continued access comes more under services regulations than goods regulation, there'd be an argument for a refund based on the bugs and issues, but you'd be as likely to get your money back from being banned as a season ticket holder does if he gets banned from the venue. There is certainly no consumer law preventing people from being barred access for disruptive behaviour.
    This is incorrect as the product isn't usable anymore
    "prevent the consumer from using them"
    It's not open to interpretation. Simply put, Ubisoft are not allowed to intentionally revoke access to the product.

    Your argument would however be valid if there were a single player component. Which there is not.

    I'm simply not amused by companies thinking their above the laws of the countries they're selling their products in.



    In response to captain moron who asked if I thought cheating was part of the game. You are aware there are a plethora of other banable offences?
    I'm not overly concerned what actions players have taken in game, that doesn't superseded real life laws. And if you think it should, you're a complete moron.
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  6. #6
    mezzatron's Avatar Senior Member
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    Banned or something?
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  7. #7
    Take them to court, I dare you

    I mean really OP, what exactly would be the argument here? "I was denied access to the servers after using 3rd party software, in the form of Cheat Engine, which was used to disrupt the normal server activity, such as but not limited to: instantly defeating any other players on the server, instant traveling to any point on the map, not allowing other players to fully enjoy the product, etc; disruption which was mainly performed by altering client-side runtime memory locations and data sent to the server."

    News flash, you are only entitled to a refund if you have used the product in question, in player terms, "legit". If you have played the game normally and was randomly banned, then you may have a case, otherwise... go cry in silence please.
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  8. #8
    Originally Posted by dotMCLul Go to original post
    Take them to court, I dare you

    I mean really OP, what exactly would be the argument here? "I was denied access to the servers after using 3rd party software, in the form of Cheat Engine, which was used to disrupt the normal server activity, such as but not limited to: instantly defeating any other players on the server, instant traveling to any point on the map, not allowing other players to fully enjoy the product, etc; disruption which was mainly performed by altering client-side runtime memory locations and data sent to the server."

    News flash, you are only entitled to a refund if you have used the product in question, in player terms, "legit". If you have played the game normally and was randomly banned, then you may have a case, otherwise... go cry in silence please.

    I love your fact based logical argument. The part where you made absolutely no assumptions or assertions without evidence was my favorite... 10/10 would care about your opinion again. Next time I'll make sure I come to you for legal advice.

    If you have played the game normally and was randomly banned, then you may have a case, otherwise... go cry in silence please.
    But seriously, an example of behavior that can result in a ban. Just so you know for future reference. The code of conduct is quite clear about it.




    Either way, your opinion mean literally nothing. It doesn't change the laws. You may as well be arguing that it's ok to rape someone if you think you've got a valid argument.
    "Dun madda wut da law says cuz my opinion r different" - Your statement, simplified.
    Don't agree, appeal for a change to the consumer laws, otherwise, perhaps it is you who should be silent? --- I didn't make the rules, simply pointing them out.
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  9. #9
    Originally Posted by mezzatron Go to original post
    Banned or something?
    The irony of being a troll while asking people not to get mad in your signature... lol I get it. Now you are the one who is mad, bro.
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  10. #10
    Yeah someone got banned.

    Blah, blah, blah armchair lawyers. You're forgetting one thing - jurisdiction. Look it up.

    Good luck commencing action in VCAT or whatever small claims tribunal is in your state.

    The admin fee alone will cost you more but the laughter from the chair will be priceless as he throws out your claim for the price of a game.
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