Dated July 2012
Welcome to the Microsoft Online Store at www.microsoftstore.com (the “Microsoft Store” or “Website”). The Microsoft Store is a website operated by Microsoft Regional Sales Corp., a corporation organized under the laws of Nevada, USA, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968 (“Microsoft,” “We,” “Us” or “Our”).
Please note that if we have a Microsoft Retail Store located in your country/region, it may have different policies.
Terms relating to your use of the Microsoft Store
- Personal and non-commercial use limitation
Unless otherwise specified, the Microsoft Store and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from the Microsoft Store or Services.
- Notice specific to documents available on the microsoft store website
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Microsoft Store and Services is granted, provided that (1) the following copyright notice: "© 2012 Microsoft Corporation. All rights reserved." appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Microsoft Store or Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, unless permitted by exemptions under applicable copyright laws, and (3) no modifications of any Documents are made. Accredited educational institutions, such as primary and secondary institutions, universities, private/public colleges, and community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires Microsoft’s express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Microsoft.com website, the Website or any other Microsoft owned, operated, licensed or controlled site. Elements of Microsoft websites, including the Websites, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Microsoft website, including the Website, may be copied, retransmitted or made available unless expressly permitted by Microsoft or applicable law.
The documents and related graphics published on the Microsoft Store or Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Microsoft and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
- Member account, password, and security
- No unlawful or prohibited use
As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the 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 any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not use the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including Microsoft.
Microsoft reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, where there is reasonable justification to do so.
- Materials that you provide to microsoft store or post on the website
Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback, ratings, and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, Microsoft shall be permitted to use your Submission, including your name, for the purpose for which it was submitted.
No compensation will be paid with respect to the use of your Submission. Microsoft is under no obligation to post or use any Submission you may provide and Microsoft may remove any Submission at any time in its sole discretion.
- Unsolicited idea submission policy
Microsoft and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Microsoft's products or marketing strategies might seem similar to ideas submitted to Microsoft. So, please do not send your unsolicited ideas to Microsoft or anyone at Microsoft.
If, despite our request that you do not send us your ideas and materials, you still send them, please understand that Microsoft will not compensate you for them and makes no assurances that your ideas and materials will be treated as confidential or proprietary.
- Links to third party websites
Microsoft Store may include links to third party websites that let you leave the Website. 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, or any changes or updates to such sites. Microsoft is providing these links to you 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.
Terms relating to the sale of products to you
- Geographic availability
The Microsoft Store is intended for use by customers who reside in the region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that region.
- End users only
You must be an end user in order to purchase products from the Microsoft Store. Resellers are not eligible to purchase from the Website.
- Export limitations
Products purchased from the Microsoft Store (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.
- Accuracy of billing and account information
You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Microsoft Store. You agree to promptly update your account and other 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.
- Product availability and quantity and order limits
Product prices and availability are subject to change at any time and without notice, but you will always be charged the price which is displayed at the time you confirm your order. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household which you will be informed of on the Website or prior to us accepting your order.
Microsoft may refuse or reject any order at any time, refunding you any monies you have paid for the order, for legitimate 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 or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.
Unless a specific delivery period is mentioned at the time you place your order, your products or services will be delivered within thirty (30) days of the date of your order. Credits or refunds will be made to the same method of payment and account used to place the order.
- Software purchases and license terms
Any software that is made available to download from the Microsoft Store (“Software”) and other merchandise (including services) available on the Microsoft Store or Services is the copyrighted work of Microsoft and/or its suppliers. When you purchase Software, you are actually purchasing a license to use the Software rather than purchasing the Software itself. Software licenses purchased at the Microsoft Store are subject to the license agreement that accompanies the Software product (the "License Agreement"). You will be required to agree to the terms and conditions of the License Agreement at the time you install the Software.
PLEASE CONTACT THE MICROSOFT STORE (AS DESCRIBED IN SECTION 26.5 BELOW) IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT, AT NO COST, BEFORE YOU OPEN THE SOFTWARE.
Any reproduction or redistribution of the Software or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.
FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE MICROSOFT STORE OR SERVICES, OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD WHICH ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
Please respect the intellectual property rights of others when using the tools and utilities made on the Microsoft Store or Services, or in Software products or merchandise.
- Electronic software downloads
Electronic Software download (“ESD”) products are delivered to you by making a download link available in your Microsoft account (formerly known as “Windows Live ID”) associated with your product purchase. Subject to the paragraph below, we will store the download link and related digital key in your Microsoft account for three (3) years following the purchase date. For ESD subscription products, different terms and storage rights may apply, which you will be asked to review and agree to at the time of your subscription.
You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for legitimate reasons, 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.
- Other terms and conditions
- Price and payment
The price of products at Microsoft Store will be as stated on the Website. If we have a Microsoft Store retail location in your country/region, the prices, product selection and promotions offered on the Website may vary at any time from what is offered or available in our retail locations. Microsoft does not guarantee that a price, product or promotion offered online will also be available or honoured at a retail location. Similarly, Microsoft does not guarantee that a price, product or promotion offered at a retail location will also be available or honoured online.
Pricing at Microsoft Store is based on sales of Software and hardware to individual end consumers. If you are purchasing for a commercial, educational or government organization, please contact us for more information about our volume licensing programs.
Microsoft Store does not have a price match guarantee. It will not match the advertised price other retailers offer for the same items.
We may offer you the opportunity to pre-order a product from our Website before it is available for purchase. If you choose to pre-order a product, we may place a hold on your credit card at the time of pre-order. We will not charge your credit card, however, until the date the product is made available for download to you or we ship your product. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will charge you the lower price. You may cancel your pre-order at any time before the product is shipped or available for download by calling our customer support number located on our Sales and Support page. Once your pre-order is shipped or available for download, our normal return policies apply. We will indicate on the Website if different pre-order terms apply to a specific product.
Prices shown on the Website include all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website exclude delivery costs. Delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review all of the delivery costs that apply to your purchase before you confirm your purchase. Each item in your Shopping Cart is shown at the current item price.
Product offers on Microsoft Store do not constitute binding offers by us. By clicking “complete purchase,” “submit order” or the comparable button to send your order to us, you make a binding offer in relation to all of the products in your cart. If we accept your order, you will receive an automated purchase confirmation email. The purchase contract is concluded by this email.
Microsoft Store offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons.
- Return policy
Microsoft Store’s return policy is set out below. The return policy is provided in addition to any rights that you may have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
You may withdraw from this contract without giving a reason within fourteen (14) calendar days. The withdrawal period will expire after fourteen (14) days from:
(i) For ESD Products and services, when the product is made available for download or the service starts. You agree that we may begin to provide the service or ESD product immediately on purchase; and(ii) For physical products, delivery.
If the applicable law of your country/region grants you a longer withdrawal period, that period will apply.
To exercise your right of withdrawal, you must inform us of your decision before the withdrawal period has expired. Please contact us at Sales and Support to notify us of your decision and to initiate the return process.
We will refund the amount you paid for the products and their delivery to you if you exercise your right of withdrawal. The refund will be made to the original method of payment. You must return the related products to Us without undue delay and at your expense.
As a condition of return, and to the extent permitted by law, the following requirements apply. All products must be returned with reasonable care having been taken (such as must not show wear or damage, and must be in a condition that permits us to resell them). All boxed software and video games must be returned with their seal intact. For services, the service must not have been delivered or consumed by you. For ESD products, we may also require you to sign an electronic letter of destruction as a condition of withdrawal from this contract.
We may extend the right of withdrawal period during holiday or other periods. If a longer period is advertised on our Website, the advertised period will apply.
All returns should be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the manufacturer’s packaging. To the extent permitted by the Competition and Consumer Act 2010 (Cth), failure to include such items may prevent or delay your refund or exchange or result in additional fees. Subject to applicable law, Microsoft reserves the right to deny any return or exchange if it fails to meet our return criteria.
- Items ordered from the Microsoft Store Website cannot be returned to or exchanged at Microsoft Retail Store retail locations. Similarly, items purchased at a Microsoft Store retail location cannot be returned or exchanged at the Microsoft Store Website.
- Upgrade Option and Returns. If you purchased an item with an Upgrade Option, returns will be subject to the fourteen (14) day withdrawal period, and special return procedures apply as follows:
- If you return the item before the upgrade product is released, you will not receive the upgrade product.
- If you return the item after the upgrade product is released, you must return both the item and upgrade product together.
- When we offer promotions that enable you to save money by purchasing a combination of products together, all of the products purchased as part of the promotion must be returned in order to receive a refund. If your promotion included a service that you have already used, the full retail value of the service will be deducted from the amount of your refund.
- Trial period offers. 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, we may charge you for the service.
- Customer service
Please visit our Sales and Support page for more information about customer service options.
Terms relating to the sale of products to you
- Variation of terms
- Limitations on use by minors
You must have reached the age of majority in your province/territory of residence to purchase products from the Microsoft Store.
- Privacy and protection of personal information
Information about you and your purchase history is treated in accordance with Our Privacy Statement.
- Product display and colours
Microsoft attempts to display product colours and images as accurately as possible. Different computer monitors display colour differently, however, and we cannot guarantee that the colour you see on your monitor will exactly match the colour of the product.
- Errors on site
We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right, subject to the Competition and Consumer Act 2010 (Cth), to make changes to the Microsoft Store Website at any time, including to product prices, specifications, offers and availability.
- Termination of site use
- Disclaimer and limitation of liability
THE TERMS OF THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY MANDATORY APPLICABLE LAW. YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS.
THE PRODUCTS SOLD ON MICROSOFT STORE ARE SUBJECT TO ANY STATUTORY WARRANTIES AND, WHERE APPLICABLE, ONLY WARRANTED ACCORDING TO THE TERMS OF ANY LICENSE AGREEMENT OR MANUFACTURER WARRANTY THAT MAY ACCOMPANY THE PRODUCTS.
EXCEPT AS EXPRESSLY GUARANTEED IN THE LICENSE AGREEMENT OR IN ANY MANUFACTURER GUARANTEE THAT MAY ACCOMPANY THE PRODUCT, NO GUARANTEE IS PROVIDED.
MICROSOFT MAKES NO SPECIFIC REPRESENTATIONS OR WARRANTIES AND PROVIDES NO ASSURANCE OF ANY CONDITION WITH REGARD TO THE PRODUCTS, INCLUDING REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MICROSOFT WILL PROVIDE YOU WITH THE PROTECTION AND BENEFIT OF ANY APPLICABLE LAW OR STATUTORY WARRANTIES WHICH APPLY TO DEFECTIVE PRODUCTS.
THE MICROSOFT STORE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER MICROSOFT NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS OR GIVE ANY ASSURANCE OTHER THAN EXPRESSLY CONTAINED HEREIN REGARDING THE MICROSOFT STORE, INCLUDING THAT YOUR USE OF THE MICROSOFT STORE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT DISCLAIM EITHER OUR OR OUR AGENT’S LIABILITY FOR FRAUD OR FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE.
- General legal terms
- Interpreting the Contract
If, in any jurisdiction, any provision of this Contract or its application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective without invalidating the remaining provisions of this Contract and without affecting the validity or enforceability of such provisions in any other jurisdiction or without affecting its application to other parties or circumstances. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid. Other terms may apply if you purchase products or services from other Microsoft websites.
We may assign, transfer or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice to you. You may not assign this contract or transfer any rights hereunder.
- No Third Party Beneficiaries
This Contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
Claims must be filed within the period of time required by your local law. If your claim isn’t filed in time, it is permanently barred.
- Notices and Communication
- Governing Law
Singapore law governs the interpretation of this Contract and applies to claims for breach of it regardless of conflict of laws principles. All other claims, including claims regarding breach of contract, breach of warranty, consumer protection laws, will be subject to the laws of the province/territory where you live at the time of your purchase of the relevant products or services. Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), for the time being in force, which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable, and it may be used as a basis for judgment in any country or region.
- Interpreting the Contract
Notifications of claimed copyright infringement should be sent to Microsoft's designated agent. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement at: http://www.microsoft.com/info/cpyrtInfrg.aspx. INQUIRIES THAT ARE SUBMITTED BUT ARE NOT RELEVANT TO THE PROCEDURE WILL RECEIVE NO RESPONSE.
- Automatic renewal products
Provided that automatic renewals are allowed in your country, province, or state, you may purchase subscriptions from us that automatically renew. If you purchase such subscription products and provide us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for the services using your payment method; and (iii) authorize Microsoft to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We will inform you by email before automatically renewing any subscription products. Once we have informed you that your subscription will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.
Copyright and trademark notices
All contents of the Website and Service are Copyright © 2012 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Website, Service 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 at:
http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this agreement are reserved.