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  1. #11
    It might be a different case if you are unable to use the product because you were banned for provable violations of the games ToS and/or EULA. Being unable to access the game because say Ubi decided to IP block Australia at any point after selling the product in Australia would be something that constitutes a refund.

    I think PC products may be exemptible for some of quality of goods requirement due to their nature (and companies cheesing the legal system). And, if you were playing the game for a great amount of hours, it would demonstrate that you felt the game were of an acceptable level of quality that possessed you to continue playing it for so long. They'll use a similar line in court.
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  2. #12
    Originally Posted by Critical.Hit Go to original post
    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.



    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.

    Well, I'm sorry to tell you, but any law is applied within reason. Your disgusting analogy is pretty much all I need as a description of who's behind the keyboard. But still, let's say you've only posted this to point out local laws, that's fine and also my apologies, but my argument still stands as one would have to prove that has been denied service through no fault of their own or no intermediary party.

    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
    As I'm seeing it, they are undergoing the repair process as it stands. Is there a legal time frame for this? There is also a case to be made that Online(-only) Games specifically are considered services and not finished goods. There was a similar issue with MMO's a few years back and was discussed at length.
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  3. #13
    mezzatron's Avatar Senior Member
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    Originally Posted by Critical.Hit Go to original post
    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.
    Yeh mate I'm so mad.
    Why are you getting so emotional about people bringing up hacking? I just asked a simple question.

    If you've dropped your new iPhone 6 and cracked the screen can you return it in Australia?
    If you've jailbroken your iPhone and bricked it, can you get a refund?

    Too many of you script kiddies think they are entitled to do whatever they want without consequences. And now you think you can get a refund.

    Go return the game and get a refund. One less hacker in the game. GG mate.

    Edit: You don't even legally own the game. You have only purchased a license to play within their set rules which is in the User Agreement which you most likely haven't read.
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  4. #14
    Originally Posted by Nauht_T Go to original post
    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.
    Not sure why this thread (which is a well constructed bit of advice by the OP) has taken such a crappy side step. Anyhow, to clarify a few things concerning the ACL.

    1. Lawyers are kept out of the small claims tribunal, so there is no legal fee or need for armchair or actual lawyers. Its a hotline for each state which comes under the federal ACL. After your case is submitted (if the hotline feels you have one), they will advise you that in their opinion you are entitled to a refund and will advise the supplier to rectify the failure or attend an in house hearing at some point. Its usually at this point that most suppliers refund a service/product as most hearings can result in a further fine (ACCC gets involved). Case in point, Harvey Norman is now up to $250,000 in fines as a result of several franchise owners stating that "we dont do refunds."

    2. There is no admin fee, its a free service.

    3. The ACL has now included steam (as of March 2016 and I did write this earlier) to be specified under the ACL due to the large amounts of "unfinished" software products hitting the market in Australia. So as far as laughter goes, a "chair" revising a small claims case will certainly not laugh, but take each and every complaint seriously.

    4. VCAT is for Victoria only, each state has its own authoritative body, however all come under the ACL and as such, have the ability to review any purchase made via steam under federal law.

    And no, Im not a lawyer but contract corporate lawyers for my Management Consulting Company. When it comes to Lawyers,as I mentioned earlier they are excluded from the ACL process (much like minor civil claims in some states) in order to minimise costs and achieve the best outcome for both parties. And yes, I do provide professional advice to SMEs in Australia and SEA in relation to ACL compliance.

    So to anybody reading this, its your right to request a refund if you purchased this game via Steam and reside in Australia. However it is also up to you to prove that you are owed a refund or appropriate compensation. Lastly, your grievance isnt with Ubi, but is with the supplier (such as steam) when it comes to the sale and refund request of that purchase (as specified under the ACL).

    Cheers
    CC123
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  5. #15
    Syr.Jake's Avatar Member
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    Originally Posted by Critical.Hit Go to original post
    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
    We can copy paste links too, you know.

    https://www.accc.gov.au/consumers/co...-to-guarantees

    Consumer guarantees do not apply if you:

    got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it
    misused a product in any way that caused the problem
    knew of or were made aware of the faults before you bought the product
    asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted

    If you hack the game, you cannot demand a refund for the game since you were the one who caused the problem, not the company.
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  6. #16
    Kyosji's Avatar Senior Member
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    Don't think you understand how it works, mate.

    either a repair, replacement or refund
    Since Ubi is constantly releasing patches and fixing exploits, it falls under the repair category and you are not entitled to a refund. Now, if Ubi states "We will not do another update to this game and we are abandoning it", and you can prove you have not spent a certain amount of time playing in game, then yes, you are entitled to a refund. Now, if you were banned, it doesn't fall under this protection. They have a 14 day ban as first offense just because of these silly country laws. It is unlawful for them to ban you for longer than 15 days without first a warning via e-mail. A second offense grants them the right to permanently ban your account as the law allows them to at that point.

    In other words, you are not entitled to a refund while the company shows they continually put out patches. You are not entitled to a refund if you have put in a certain amount of hours into the game. You are not entitled to a refund if you have a suspension lasting less than 15 days. You are not entitled to a refund if you are banned a second time, making it permanent.
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  7. #17
    xX_Cyanide_Xx's Avatar Member
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    Originally Posted by Syr.Jake Go to original post
    We can copy paste links too, you know.

    https://www.accc.gov.au/consumers/co...-to-guarantees

    Consumer guarantees do not apply if you:

    got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it
    misused a product in any way that caused the problem
    knew of or were made aware of the faults before you bought the product
    asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted

    If you hack the game, you cannot demand a refund for the game since you were the one who caused the problem, not the company.
    Syr.Jake beat me to the post, and he's absolutely correct. All rights to a refund were forfeited under that clause, because the OP got caught cheating/hacking. (IE - using the product in an abnormal manner)

    You can obviously and most definitely request a refund, but honestly - good luck with that. It would have however been a completely different situation had the OP not gotten caught cheating.
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  8. #18
    It's not open to interpretation. Simply put, Ubisoft are not allowed to intentionally revoke access to the product.
    they can, and are entitled to do so. if you walked into my house and started breaking my rules id kick you the **** out too.

    if you think this entitles you to a refund due to your countries laws, by all means, peruse that course, but make no mistake that ubisoft is very well entitled to police their game.
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  9. #19
    put cheaters on their own cheat-servers and legal issues gone
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  10. #20
    Chop1329's Avatar Member
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    Originally Posted by Critical.Hit Go to original post
    - 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
    Well that's pretty ambiguous. Good luck proving it....

    Do you have a way to measure these requirements that failed UAT? Oh that's right, you didn't give them any requirements.....
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