MICROSOFT TERMS OF SALE

Australia Consumer Store

Updated February 2022

Welcome to Microsoft Store, Microsoft’s online store operated in Australia by Microsoft Pty Ltd ACN 002 589 460, located at 1 Denison Street, North Sydney, NSW 2060, Australia. References in these Terms of Sale to "Microsoft", "we", "us" and "our" refer to Microsoft Pty Ltd ACN 002 589 460 and its related entities (as applicable) if you are located in (or your principal place of business is located in) Australia.

“Store” refers to our Microsoft websites accessible through Microsoft Store, Office Store, Xbox Store, and Windows Store that allow you to browse, view, acquire, purchase, and rate and review products and services and digital content, including Movies, TV shows, applications, games, and other digital goods (collectively "Digital Content"), devices, game consoles and more (together with Digital Content, collectively, “Products”). Through the Store, Microsoft also provides access to a variety of resources including download areas, software, tools, and information about software, services, and other items (collectively, “Services”). These Terms of Sale (“Terms of Sale”) govern your use of the Store and other Microsoft services referred to in these Terms of Sale, as well as purchases you make through the Store.

Some Products and Services offered in the Store are offered by sellers other than Microsoft. By using the Store or any Services available through the Store, or by purchasing a Product through the Store, you accept and agree to these Terms of Sale, Microsoft's Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the "Store Policies"). Please read the Store Policies carefully. YOU MUST NOT USE THE STORE OR ANY SERVICES IF YOU DO NOT AGREE TO THE STORE POLICIES.

Microsoft may update or amend any Store Policies without notice and at any time.

TERMS RELATING TO YOUR USE OF THE STORE

1. Member Account. You will ensure that all account information you provide to us is current, complete and accurate. We may require you to accept a service agreement or separate terms of use as a condition of opening an account. Your use of the account to access the Store and any content you acquire from the Store is subject to all terms that govern your Microsoft account that were presented to you when you opened the account. For more information, please see the Microsoft Services Agreement. You are responsible for keeping your account information and password confidential and for all activity that occurs under your account.

2. No Unlawful or Prohibited Use. You must not use the Store or any Services for any purpose that is unlawful or prohibited by the Store Policies (including these Terms of Sale) or any other terms that apply to your use of the Store or any Services (as applicable). You must not use the Store or any Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of the Store. You must not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any Microsoft server or to the Store, through hacking, password mining or any other means. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. This includes the use of bots or software for the purpose of scraping commercial data from the Store including prices.  You must not use the Store or any Services in a way that infringes rights of third parties, including wilfully harming a person or entity, including Microsoft. You must not commercially distribute, publish, license, or sell any Products, Services or other information obtained or accessed through the Store.

3. Materials You Provide to Microsoft or Post in the Store. Microsoft does not claim ownership of the content you provide to Microsoft or post, upload, input or submit through the Store (such as feedback, ratings, reviews and suggestions) or associated Microsoft services for review by others (each a "Submission" and collectively "Submissions"). However, you grant Microsoft a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display your Submissions, including your name, in any media. If you publish a Submission in an area of the Store where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Store and/or the Products, Services and other content offered through the Store. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to Microsoft, on a worldwide basis and for the duration of these rights and Microsoft’s use of your Submission will not violate any law or rights of others.

You also consent to all uses by Microsoft of your Submission that would otherwise infringe your Moral Rights. For the purposes of these Terms of Sale, “Moral Rights” means each right defined as a moral right in Part IX of the Copyright Act 1968 (Cth), and any similar rights capable of protection under the laws of any foreign jurisdiction.

Microsoft has no obligation to compensate you for use of your Submission. Microsoft is under no obligation to post or use any Submission and Microsoft may remove any Submission at any time in its sole discretion. Microsoft takes no responsibility and assumes no liability for your Submissions or the content others post, upload, input or submit using the Store.

If you rate or review an application in the Store, you consent to receive an email from Microsoft which contains content from the publisher of the application.

4. Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site. Microsoft is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site. Your use of the third-party website may be subject to that third-party’s terms and conditions and/or privacy policies and you should read these carefully before agreeing to them.

TERMS RELATING TO THE SALE OF PRODUCTS AND SERVICES TO YOU

5. Geographic Availability. Available Products and Services may vary depending on your region or device. In addition, there may be limits on where we can ship Products or provide Services or Digital Content. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.

6. End Users Only. Products and Services available through the Store are for purchase by and use of end users only and are not available for purchase or use by resellers.

7. Export Limitations. Products and Services may be subject to customs and export control laws and regulations. You must comply with all applicable international and national laws and regulations.

8. Billing. By providing Microsoft with a payment method, you: (a) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (b) authorize Microsoft to charge you for any Products or Services you purchase; and (c) authorize Microsoft to charge you for any paid feature of the Store that you choose to sign up for or use. You will promptly update your account whenever there is a change to your account information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) subject to applicable law, on a recurring basis for subscriptions. Also, for Microsoft Subscription Services and Third-Party Subscription Services billed through Microsoft, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. For more information about recurring billing for Microsoft Subscription Services and Third-Party Subscription Services billed through Microsoft see Section 9.

If you are taking part in any trial-period offer, you must cancel the Service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the Service at the end of the trial period, you authorize us to charge your payment method for the Product or Service.

9. Subscription Based Products and Services, Recurring Billing and Automatic Renewal

Microsoft Subscription Services. If you acquired a Product or Service through the Store and it is listed in the Master Services Agreement, the terms and conditions related to your subscription and recurring billing set forth in the Master Services Agreement apply. To manage your Microsoft Subscription Service, go to Manage Subscription Services. To manage Microsoft Subscription Services for Xbox (such as Xbox Live Gold and Xbox Games Pass), go to Microsoft Subscription Services for Xbox.

Third-Party Subscription Services Billed Through Microsoft. If you acquired any other Product or Service through the Store that is subscription-based and for which recurring billing is administered by Microsoft, the terms and conditions in this section 9 of these Terms of Sale apply. Subject to applicable law, when you make a purchase on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable)), you acknowledge and agree that you are authorising recurring payment, and payments shall be made to Microsoft by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by Microsoft or otherwise in accordance with its terms. By authorising recurring payments, you authorise Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.

If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. Subject to applicable law, if you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.

Provided that automatic renewals are allowed in your country, region, province/territory, or state, you may choose for certain Products or Services to automatically renew at the end of a fixed service period. If you elect to automatically renew your Product or Service, we may automatically renew the term of the Product or Service at the end of the current service period and charge you the then-current price for the renewal term, unless you choose to cancel the Product or Service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. We will notify you prior to automatically renewing your Product or Service including any increases in price for the renewal term for the Product or Service.

You may cancel the Product or Service prior to the renewal date to avoid being billed for the renewal. For more information about how to cancel a subscription billed through Microsoft, please go to Microsoft Subscription Service. We will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions.

Third-Party Subscription Services Not Billed Through Microsoft. If you acquired any Product or Service through the Store or by otherwise using your Microsoft account that is subscription-based and for which recurring billing is not administered by Microsoft, please refer to the terms and conditions presented to you by the applicable developer or provider that administers the recurring billing for that Product or Service.

10. Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the Products you ordered are unavailable, we may contact you to offer you an alternative. If you do not choose to purchase the alternative Product, we will cancel your order.

Microsoft reserves the right to refuse, reject, cancel, terminate or not to process any order (including accepted orders) at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered Products are not available, where the pricing or other material information on the Store is inaccurate or for other errors. In the event of pricing or other errors, we may, in our discretion, either: (a) cancel your order or purchase; or (b) contact you for instructions. In the event of cancellation, your access to any associated Digital Content will be disabled. 

We may disable access to Digital Content associated with your account for any reason, to the extent permitted by applicable law. We may also remove or disable Digital Content on your device in order to protect the Store or potentially affected parties. Some Digital Content may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download or re-stream Digital Content that you purchased; you may need to re-purchase Digital Content that you paid for in your previous region. Except to the extent required by applicable law, including the Australian Consumer Law, we have no obligation to provide a re-download or replacement of any Digital Content you purchase.

For the avoidance of doubt, references in these Terms of Sale to the "Australian Consumer Law" refer to Schedule 2 of the Competition and Consumer Act 2010 (CTH) as amended from time to time.

11. Updates. If applicable, Microsoft may automatically check for and download updates to your Digital Content, even if you’re not signed into the Store. You can change your settings if you prefer not to receive automatic updates to Store applications. However, certain Office Store applications that are entirely or partly hosted online may be updated at any time by the application developer and may not require your permission to update. Some other applications may not be accessible until you accept an update. If you choose not to download or install updates, your applications may no longer be available, supported, or have full functionality.

12. Software Licenses and Use Rights. Software and other Digital Content made available through the Store is licensed, not sold, to you. Applications downloaded directly from the Store is subject to the Standard Application License Terms ("SALT") unless different license terms are provided with the application. (Applications downloaded from the Office Store are not governed by the SALT and have separate license terms.)

Digital Content obtained through the Store is subject to the Usage Rules for Digital Goods. You understand and acknowledge that your rights with respect to Digital Content are limited by these Terms of Sale, copyright law and the Usage Rules for Digital Goods. Software licenses purchased through the Store are subject to the license agreement that accompanies the software, and you will be required to agree to the license agreement when you purchase, download or install the software. Any reproduction or redistribution of Digital Content not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.

Please contact Microsoft Store support if you would like a copy of the applicable license agreement for boxed software, at no cost, before you open any software packaging.

Other terms and conditions. In addition to software and other downloadable Products or Digital Content, Microsoft may offer to you other Products and Services available in the Store, subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase, install or use those Products or Services, you may be required to also accept those terms as a condition of purchase, installation, or use.

For your convenience, Microsoft may make available as part of the Store or in its software, Products, Services, tools and utilities for use and/or download that are not part of the products sold. Except where prohibited by applicable laws, including Australian Consumer Law, Microsoft disclaims all representations, warranties, conditions and assurances with regard to the accuracy of the results or output from any such Services, tools or utilities.

Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or any Products.

13. Codes for Software and Content Downloads. Certain software and Digital Content are delivered to you through a download link available in your Microsoft account associated with your purchase. Subject to the paragraph below, we usually store the download link and related digital key for these purchases in your Microsoft account for 3 years following the purchase date, but do not promise to store them for any particular length of time. For subscription Products that are delivered through a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time you purchase your subscription.

We may cancel or modify our digital key storage program at any time. We may also stop supporting the storage of keys for one or more Products at any time and for any reason, including, by way of example, at the end of the Product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days’ advance notice to you using the contact information for the related Microsoft account.

14. Pricing. The Store does not have a price-match guarantee that provides for matching the advertised price other retailers offer for the same items. However, if we lower our price on a device Product within 30 days of your purchase, we will honour the lower price. If you notice that we have lowered a price on a device you recently purchased, please contact Sales and Support and we’ll gladly issue a refund or credit for the difference (if you paid with a credit card, you’ll need to use the same card). You must contact Microsoft within 30 days of the price change to receive the refund or credit. Price reductions/adjustments are not available for clearance items and limited-time price reductions associated with promotions and/or special sale events including Thanksgiving Day, Black Friday, Cyber Monday, or Cyber Week.

We may offer an option to pre-order some Products before their availability date. To learn more about our pre-order policies, please see our Pre-Order page.

Unless stated otherwise, prices shown in the Store include taxes that may apply to your purchase. Prices shown in the Store also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such taxes and costs.

Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those conversion or processing services when you use a credit or debit card. Please contact your bank for details.

15. Return Policy.

This Return Policy does not affect any statutory rights that may apply to your purchase, including but not limited to rights you may have under the Australian Consumer Law. Please refer to Microsoft and the Australian Consumer Law for details of your rights under the Australian Consumer Law.

We will accept change of mind returns for eligible Products for 30 days from the date of delivery or download, as applicable. Simply return the eligible Product in like new condition and in its original packaging, along with all parts, components, instruction manuals and documentation that were initially included.

Eligible packaged software or packaged games must be returned with their seal intact and must include all media and product keys unless you are returning the packaged software or packaged games pursuant to your rights under the Australian Consumer Law. As a limited exception, packaged software and packaged games that have been opened may be returned during the return period if you don’t agree with the license agreement, but only if you do not make, retain or use any copies of the packaged software or packaged game.

Even if we accept your return for your eligible Product, these Terms of Sale will still apply to the time between your purchase or download and your return (as applicable).

Some Products are not eligible for return; unless otherwise provided by law, including the Australian Consumer Law, or by a particular Product offer, all purchases of these types of Products are final and not eligible for return:

  • except for "Digital Game Products" as defined below, digital applications, games, in-app content and subscriptions, movies, TV shows, associated content and books;
  • gift cards and service/subscription cards (e.g., Skype, Xbox Live);
  • Products that have been personalized or customized;
  • special order products, if not part of a Store promotional offering;
  • random access memory (RAM) products;
  • services that have been performed or consumed; and
  • clearance items or those marked with a designation such as "Final Sale" or "Non-Returnable".

Subject to applicable law, including the Australian Consumer Law, when you make a qualifying return pursuant to this section, we will credit the full amount, less the original shipping and handling charges (if any), and you will typically receive your refund in approximately 3-5 business days. Any refunds will be applied to the same account, and using the same method of payment, used to place the order (unless you choose a Store credit in the amount of the refund or the refund is otherwise required by applicable law, including the Australian Consumer Law, to be provided in a certain form).

For complete details on how to return eligible Products under our change of mind return policy, see our Returns and Refunds page.

In addition to your rights under these Terms of Sale, consumers in Australia have rights to return Products under the Australian Consumer Law. For details on how to make a claim under the Australian Consumer Law, see Microsoft and the Australian Consumer Law.

For information on how to request a refund for digital games, Xbox applications (excluding movies and TV applications), digital gaming bundle offers, and digital durable and consumable gaming offers, such as game season passes, virtual currency, and microtransactions, whether made available through the Xbox console device or on your PC (collectively “Digital Game Products”), see our Request a refund for digital games page.

16. Payments to You. If we owe you a payment, you will timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You will cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.

17. Gift Cards. Redemption and use of other Microsoft gift cards are governed by the Microsoft Gift Card Terms and Conditions.

Information on how to redeem Skype credit vouchers is available on Skype’s Support page under ‘How do I redeem my Skype voucher ’.

18. Customer Service. Please visit our Microsoft Store Support page for more information about customer service options.

GENERAL TERMS

19. Changing Terms. Microsoft may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order with us will govern your purchase and serve as the purchase contract between us. Before your next purchase, Microsoft may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you acquire a Product or use a Service.

20. Age Limitations. You acknowledge that you are authorised to place an order and to perform any other legal acts required of you under these Terms of Sale. Age limits may apply to your use of the Store, including purchases.

21. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information that we collect from you to operate and provide the Store. Please read the Microsoft Privacy Statement as it describes the types of data we collect from you and your devices ("Data") and how we use your Data. The Privacy Statement also describes how Microsoft uses your communications with others; postings or feedback submitted by you to Microsoft via the Store; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store or share on your devices or through the Store ("Your Content"). By using the Store, you expressly consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Microsoft Privacy Statement.

22. Product Display and Colours. Microsoft attempts to display Product colours and images accurately but we cannot guarantee that the colour you see on your device screen or monitor will exactly match the Product’s colour.

23. Errors in Store Presentation. We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to Product prices, specifications, offers and availability.

24. Termination of Use or Access. Microsoft may terminate your account or use of the Store at any time for any reason, including, without limitation, if you are in breach of the Store Policies (including these Terms of Sale), or if the Store is no longer operated by Microsoft. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. Microsoft may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.

25. Warranties and Limitation of Remedies.

For consumers living in Australia: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.  If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.  If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. For major failures with a service, you are entitled to: (a) cancel your service contract with us, and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. You are entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Please refer to Microsoft and the Australian Consumer Law for details of your rights under the Australian Consumer Law. These rights apply in addition to any rights you may have under any limited warranty or return policy.

In this section, the term "services" used without capitalisation includes any services, benefits, privileges or facilities provided through the Store.  

TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE AUSTRALIAN CONSUMER LAW, MICROSOFT AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY AND SUBJECT TO YOUR STATUTORY RIGHTS:

• YOUR PURCHASE AND USE ARE AT YOUR OWN RISK;

• WE PROVIDE PRODUCTS AND SERVICES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE";

• WHEN YOU PURCHASE PRODUCTS OR SERVICES YOU ASSUME THE RISK AS TO THEIR QUALITY AND PERFORMANCE; AND

• WHEN YOU PURCHASE PRODUCTS OR SERVICES YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR THE SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.

Subject to applicable law (including under the Australian Consumer Law which may provide for a remedy which is not limited by these Terms of Sale), if, despite these Terms of Sale, you have any basis for recovering damages arising out of or relating to the Store, or any Product or Service offered in the Store, your exclusive remedy is to recover from Microsoft or its suppliers, resellers, distributors, and content providers direct total damages up to: (a) the price or fee for one month of any service, subscription, or similar fee (not including the purchase price for hardware, software, support, or extended warranties); or (b) US $100.00, if there was no service, subscription, or similar fee.

YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.

26. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE AUSTRALIAN CONSUMER LAW, YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. THE LIMITATIONS AND EXCLUSIONS IN SECTIONS 25 AND 26 APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME LAWS, INCLUDING THE AUSTRALIAN CONSUMER LAW, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN SOME CIRCUMSTANCES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

To the maximum extent permitted by applicable law, these limitations and exclusions apply to all claims, under any legal theory, related to the Store, these Terms of Sale, or any Product or Service offered by the Store, including loss of content, any virus or malware affecting your use of the Store or any Product or Service acquired or accessed through the Store (as applicable); and delays or failures in starting or completing transmissions or transactions.

27. Interpreting These Terms. All parts of these Terms of Sale apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence (or, if a business, your principal place of business). If it is determined that we can’t enforce a part of these Terms of Sale as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms of Sale won’t change. These Terms of Sale are solely for your and our benefit; they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns. Other terms may apply if you purchase Products or Services from other Microsoft websites.

28. Assignment. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.

29. Notices and Communication. For customer support inquiries, please see the Sales and Support page in the Store. For disputes, follow the notice procedure in the Notices section below.

30. Choice of Law and Place to Resolve Disputes.

If you live in (or, if a business, your principal place of business is in) Australia, you are contracting with Microsoft Pty Ltd ACN 002 589 460, located at 1 Epping Road, North Ryde, NSW 2113, Australia. The laws of New South Wales, Australia govern these Terms of Sale and any matter arising out of or related to them or the Store.  

Notwithstanding the above, the choice of law is only to the extent permitted by law, and does not prevent action in a court where a statutory right which cannot be excluded arises.

31. Notices.

a. Notices and procedure for making claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notice of Infringement. ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.

Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers.

b. Copyright and Trademark Notices.

All contents of the Store and Services are Copyright ©2021 Microsoft Corporation and/or its suppliers and third-party providers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers and other third-party providers own the title, copyright, and other intellectual property rights in the Store, Services, and content. Microsoft and the names, logos, and icons of all Microsoft Products and Services may be either trademarks or registered trademarks of Microsoft in the United States, Canada and/or other countries.

A list of Microsoft trademarks can be found in the Microsoft Trademark and Brand Guidelines. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms of Sale are reserved.

32. Safety Warning. To avoid possible injury, discomfort, or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include light-headedness, altered vision, twitching, jerking, or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.