MICROSOFT TERMS OF SALE

Consumer Store – European Economic Area/UK

Updated November 2022

Welcome to Microsoft Store, Microsoft’s online store operated by Microsoft Ireland Operations Limited, located at One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland (registered at the Companies Registration Office in Ireland under number 256796, VAT registration number: IE 8256796 U, with a registered address of 70 Sir John Rogerson’s Quay, Dublin 2, Ireland). If you make a purchase in the Microsoft Experience Centre in London, you are contracting with Microsoft Limited, Microsoft Campus, Thames Valley Park, Reading, RG6 1WG, United Kingdom.

References in these Terms of Sale to “Microsoft,” “We," "Us” or “Our” refer to Microsoft Ireland Operations Limited or Microsoft Limited.

“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 physical products (“Physical Products”) and digital services (“Digital Services”) and digital content (“Digital Content”), including Films, TV shows, applications, games and other digital goods, devices, games consoles, accessories and more (collectively, “Products”). Through the Store, Microsoft also provides additional services that allow access to a variety of resources, including download areas, software, tools and information about software, services and other items (collectively “Additional 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.

By using the Store or any Additional Service available through the Store, or by purchasing a Product through the Store, you accept and agree to these Terms of Sale and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the “Store Policies”), and you can find Microsoft’s Privacy Statement in the Privacy and Protection of Personal Information section below. Please read all Store Policies and Microsoft’s Privacy Statement carefully. Microsoft may update or amend any Store Policies in accordance with Section 21.

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, except when such activity results from our breach of our contractual and legal security obligations.

2. No Unlawful or Prohibited Use.

You will not use the Store for any purpose that is unlawful or prohibited by the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store 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 may not attempt to gain unauthorised 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 may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including wilfully harming a person or entity, including Microsoft. Except as permitted by applicable law, you may not commercially distribute, publish, license or sell any Products, information or Services obtained from the Store.

3. Materials You Provide to Microsoft or Post in the Store.

If you choose to provide materials to Microsoft (including feedback, ratings and suggestions) or post, upload, input or submit to the Store or associated Microsoft services for review by others (each a “Submission” and collectively “Submissions”) you must only comment on Products that you have actually used or purchased. By providing Microsoft with a submission you agree to cooperate with any reasonable checks that Microsoft may decide to use to confirm that you have used or purchased the Product.

Microsoft does not claim ownership of the Submissions. However, you grant Microsoft the right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute and display your Submissions, including your name, in any media, including on our websites, social networks or in advertising materials, for advertising or promotional purposes, for the entire world and for the duration of the intellectual property rights. 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 or content offered through the Store. You agree 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.

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 and 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.

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 content of any linked site or any link contained in a linked 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 using the website.

Terms Relating to the Sale of Products to You and Your use of Additional Services

5. Geographic Availability.

Available Products and Additional Services may vary depending on your region or device. In addition, there may be limits on where we can deliver or provide Products. To complete your purchase, you may be required to have a valid delivery address within the country or region of the Store where you are purchasing.

6. End Users Only.

Products and Additional 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 may be subject to customs and export control laws and regulations. You will comply with all applicable international and national laws and regulations.

8. Billing.

By providing Microsoft with a payment method, you: (i) agree that you are authorised to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorise Microsoft to charge you for any Products you purchase; and (iii) authorise 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 expiry dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) at the time of purchase; (b) shortly after purchase; or (c) subject to applicable law, on a recurring basis for subscriptions. Also, for Microsoft Subscription Services (as defined in Section 9 below) and Third-Party Subscription Services (as defined in Section 9 below) billed through Microsoft, we may charge you up to the amount you have agreed to pay, 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.

9. Subscription-Based Products; Recurring Billing.

Microsoft Subscription Services. If you acquired a Product through Microsoft Store and it is listed as one of the Covered Services in the Microsoft Services Agreement for your country ("Microsoft Subscription Service"), the terms and conditions related to your subscription and recurring billing set forth in the Microsoft Services Agreement for your country apply. The renewal date will be provided within a square. We will give you no more than 10 days’ notice to terminate your subscription, although you can also request that the termination takes effect more than 10 days after we have received your request for termination. To manage your Microsoft Subscription Service, go to Microsoft Subscription Service. To manage your Subscription Services for Xbox (such as Xbox Live Gold and Xbox Game Pass), go to Microsoft Subscription Services for Xbox.

Third-Party Subscription Services: Some Products offered in the Store are offered by sellers other than Microsoft (for example subscription services offered or provided by third parties, “Third-Party Subscription Services”) (collectively “Third-Party Products”). With regard to such Third-Party Products, the Store solely functions as a marketplace. Microsoft is not party to your contract with sellers of Third-Party Products. The Third-Party Products may present you with a privacy policy or require you to accept their terms before you can purchase, install or use the Third-Party Products. You should review the third-party terms and privacy policies before acquiring, using or requesting any Third-Party Products. Any third-party terms do not modify these Terms of Sale.

Third-Party Products Billed Through Microsoft. If you acquired any Third-Party Product through the Store that is subscription-based and for which recurring billing is administered by Microsoft, the following terms and conditions in this Section 9 of these Terms of Sale apply: subject to applicable law, Microsoft will generally be responsible for payment, billing and cancellation rights, so in the event of any inconsistency between those provisions in these Terms of Sale and the third-party terms, the provisions in these Terms of Sale will apply, 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 permitted by applicable law, insufficient funds fees and to process any such payment as an Electronic Payment. Third-Party Products Not Billed Through Microsoft. If you acquired any Third-Party Product through the Store or otherwise using your Microsoft Account and for which billing is not administered by Microsoft, please see the terms and conditions presented to you by the applicable third party that administers the billing for that Third-Party Product.

Trials and automatic renewal: If you are taking part in any trial-period offer, you must cancel 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 at the end of the trial period, you authorise us to charge your payment method for the Product. Provided that automatic renewals are allowed in your country, region, province, territory or state, you may choose for certain Products to automatically renew at the end of a fixed service period. If you elect to automatically renew your Product, we may automatically renew the term of the Product 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 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. You may cancel the Product at any time prior to the renewal date to avoid being billed for the renewal. If you cancel an automatic renewal Product after the renewal date you will be charged for that renewal term and we will fulfil the Product until the end of the renewal term, but you will not be automatically charged again for that Product when the renewal term expires. For more information about how to cancel a subscription billed through Microsoft, please go to Microsoft Subscription Service below. 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. If you do not agree to the new charges then you have the right to cancel your subscription prior to the renewal date.

10. Product Availability and Quantity and Order Limits.

Prices and availability of Products or Additional Services in the Store 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.

When you make an order you place an offer to buy the Products. In the event you place an offer for Products, where there has been an obvious pricing error or other errors, we reserve the right to either (a) reject your offer or (b) contact you with alternative options. In the event of rejection, your access to any associated content will be disabled.

Microsoft may refuse or reject any offer at any time, refunding you any monies you have paid in connection with the offer, if you have not met the conditions specified at the time of the offer or, if your payment cannot be processed. In the event of rejection, your access to any associated content will be disabled. Some Product or Additional Services may not be accessible from time to time. Accessibility can be affected by region. Thus, if you change your account or device profile information to another region, you may not be able to re-download or re-stream Digital Content or Digital Services that you purchased; you may need to repurchase Digital Content or Digital Services that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any Digital Content or Digital Service you purchase.

11. Updates.

If automatic updates are switched on in your settings, Microsoft will automatically check for and download updates to your Microsoft Products or Additional Services, even if you’re not signed in to the Store. You can change your settings for Microsoft Products or Additional Services at any time if you prefer to no longer receive automatic updates to Products or Additional Services. However, certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update. If you choose not to download or install updates, your Products or Additional Services may no longer be available, supported or have previous functionality. Any changes to the Products or Additional Services not required to maintain them in conformity with our contract will exclusively be subject to Section 15.

12. Software Licences and Use Rights.

Software and other Digital Content, Digital Services and Additional Services made available to you through the Store are licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application Licence Terms (“SALT”) unless different licence terms are provided with the application, with the exception of applications downloaded from the Office Store, which are not governed by the SALT and have separate license terms that are provided with the application.)

Digital Content and Digital Services and Additional Services obtained through the Store are subject to the Usage Rules for Digital Goods. You understand and acknowledge that your rights with respect to Digital Content, Digital Services and Additional Services are limited by the Terms of Sale, copyright law and the Usage Rules for Digital Goods. Software licences purchased through the Store are subject to the licence agreement that accompanies the software, and you will be required to agree to the licence agreement before you purchase, download or install the software. Any reproduction or redistribution of Digital Content, Digital Services and Additional Services not in accordance with the relevant licence terms or usage rules, and applicable law is expressly prohibited and may result in severe 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 licence agreement or warranty for boxed software, at no cost, before you open any software packaging.

Other Terms and Conditions. In addition to software and other downloadable Products, Microsoft may offer to you other Products and Additional Services available in the Store, subject to separate end user licence agreements, terms of use, terms of service or other terms and conditions. If you purchase, install or use those Products or Additional 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 or Products: Additional Services, tools and utilities for use and/or download that are not part of the Products sold.

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

13. Codes for Software and Content Downloads.

Certain Digital Content, Digital Services and Additional Services are delivered to you through a download link available in your Microsoft account associated with you after the conclusion of the contract. Subject to the paragraph below, we usually store the download link and related digital key for these purchases in your Microsoft account for three 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.

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 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-Orders page.

Unless stated otherwise, prices shown in the Store include taxes that may apply to your purchase.

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 services when you use a credit or debit card. Please contact your bank for details.

15. Modifications of Products or Additional Services

We may modify and adapt Products or Additional Services and their scope of functions beyond what is necessary to maintain the contractual conformity of the Product or Additional Service (a “modification”), if a valid reason requires such modification, in particular (i) to implement changed legal requirements or case law, (ii) to implement changed technical requirements such as a new technical environment or other operational reasons, (iii) to adapt to changed market conditions such as increased user numbers and (iv) for your benefit or to your advantage. You shall not incur any additional costs for modifications to a Product or Additional Service and its scope of functions. Microsoft will inform you about the modification on the Product or Additional Service in a clear and comprehensible manner.

If such a modification negatively impacts your access to or use of the Product or Additional Service and such negative impact is more than minor, (“Negative Modification”), Microsoft shall inform you within a reasonable period in advance using the contact information in your Microsoft account, e.g. by email (“Modification Notice”). The Modification Notice shall include the features and time of the Negative Modification and your rights described below.

In the event of Negative Modifications, you have the right to terminate the agreement related to the respective Product or Additional Service free of charge with a notice period of 30 days. The period begins with your receipt of the Modification Notice. If the Negative Modification is made after you receive the Modification Notice, the period shall begin to run only from the date of the modification. The termination of the agreement is excluded if Microsoft enables you to maintain access and use of the Product or Additional Service without the Negative Modification without additional costs and in conformity with the agreement.

These Terms of Sale apply accordingly to all modifications and to the Products and Additional Services as amended by any modifications.

For the avoidance of doubt, the addition, removal and adjustment of Products or Additional Services purchasable or accessible via the Microsoft Store does not constitute a modification to a Product or Additional Service or its scope of functions and may be made by Microsoft at any time without taking into account the provisions of this Section 15.

16. Return Policy.

This Return Policy applies in addition to any statutory withdrawal rights you may have, and does not affect these rights in any way. Please find information on your statutory withdrawal rights below.

Eligible Products. We will accept returns and exchanges for eligible Products for 30 days from the date of purchase or download, as applicable. Any Product you purchase or download that is not listed below as ineligible, or subject to separate return policies or terms, will be considered an eligible product for purposes of this Section 16. Simply return the eligible Product in like-new condition, ideally in its original packaging, along with all parts, components, instruction manuals and documentation that were initially included.

Packaged software and packaged games must be returned with their seal intact and must include all media and product keys. As a limited exception, software and game packages that have been opened may be returned during the return period if you are unsatisfied with the licence agreement or warranty, but only if you do not make or retain any copies.

You will be liable for any loss in value of the Product(s) if this loss in value is due to the handling of Products that is not necessary for checking the condition, properties and functioning of the Product(s).

Even if you return a Product, including packaged software or packaged games, these Terms of Sale will still apply to the time between your purchase or download, as applicable, and return of the Product.

To exercise your rights under our Return Policy, you must inform us of your decision before the 30 day period has expired.

When you make a qualifying return, we will credit the full amount you paid (less any delivery costs that are in excess of our standard delivery costs) 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).

For complete details on how to return eligible Products, see our Returns and Refunds page.

Ineligible Products. Some Products are not eligible for return or refund under this Return Policy; unless otherwise provided by a particular offer, all purchases of these types of Products are final and non-refundable under this Return Policy. Products ineligible for return and refund include, but are not limited to, the following:

Digital apps, games, in-app content, in-app subscriptions, music, films, TV shows and associated content except Digital Game Products and Microsoft Subscription Services (which are subject to the return policies below);
Third-Party subscription services billed through Microsoft (which are subject to the return policy below);
gift cards and service/subscription cards (e.g. Skype, Xbox Live);
products that have been personalised or customised;
special order products, if not part of a Store promotional offering;
random access memory (“RAM”) products;
services that have been fully performed or consumed; and
clearance items or those marked with a designation such as “Final Sale” or “Non-Returnable”.

Digital Game Product Return Policy. For complete details on refunds for digital games, Xbox apps (excluding film and tv apps), digital gaming bundle offers and digital durable and consumable games, such as games season passes, virtual currency and microtransactions, whether made available through the Xbox console device or on your PC (collectively “Digital Game Products”), see our Digital Game Purchase Refund Terms page.

Statutory Withdrawal Right

If you are a consumer, you may have a legal right to withdrawal from the contract. A consumer is every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. You can find information on your statutory withdrawal right and how to exercise it Withdrawal Form – Microsoft Store .

Instead of contacting the Microsoft Store Support or initiating return online you may use the withdrawal form there (but it is not obligatory).

17. Payments to You.

If we owe you a payment, you will timely and accurately provide us with any information we request to get that payment to you. Except for payment(s) made pursuant to the Return Policy section above or for payment(s) made pursuant to your exercise of your statutory withdrawal rights, you are responsible for any taxes and charges you may incur as a result of this payment to you. 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.

18. Gift Cards and Skype Credit Vouchers

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’ here: How do I use Skype vouchers and prepaid cards? | Skype Support.

19. Customer Service

Please visit our Microsoft Store Support page for more information about customer service options: Contact Microsoft Store Support.

20. Recycling.

Please see Recycling http://approjects.co.za/?big=en-gb/store/b/recycling for details of Microsoft’s policy for the return of waste, electric and electronic equipment (WEEE) in your jurisdiction.

GENERAL TERMS

21. Changing Terms.

Purchases:

Microsoft may make changes to the Terms of Sale from time to time. The Terms of Sale in force at the time of any conclusion of a contract (e.g. where you place your offer) will govern your purchase and serve as the contract between us. Before your next purchase, Microsoft may have changed the Terms of Sale. 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 make a purchase. Store Policies

Ongoing contracts:

If you have an ongoing contract with us which is governed by the Microsoft Services Agreement (for example, where there is recurring billing), any changes to the applicable terms will be subject to Section 7 of that agreement.

Third-Party Products

Microsoft is not party to your contract with sellers of Third-Party Products. Third parties may make changes to the terms for Third-Party Products from time to time.

22. Age Limitations.

You acknowledge that you are authorised to place an offer 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.

23. 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 and videos that you upload, store or share on your devices or through the Store (“Your Content”).

24. 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.

25. 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 prices, specifications, offers and availability. For information on how such changes may affect any contracts already concluded on the basis of incorrect or out of date content in the Store, please see above in Section 10.

26. Termination of Use or Access.

Microsoft may terminate your account or use of the Store at any time for any valid reason, including, but not limited to, if you are in breach of these Terms of Sale or the Store Policies, 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.

27. Product Warranties.

Many Products available in the Store (including certain Microsoft products and certain third-party products) come with manufacturer warranties. Please see the relevant manufacturer warranties made available with those Products for specific details for how to resolve issues that are covered by those warranties. For some Products, you will have the option to purchase an Extended Service Plan at an additional cost. Please see the specific plans for details.

In addition, Products sold or offered through the Store may come with rights and guarantees that cannot be disclaimed under law, such as statutory consumer protection relating to faulty, damaged or misdescribed goods, digital content or services. Any commercial warranties offered by a manufacturer, service provider or developer are in addition to these mandatory consumer rights. Learn more about Commercial Warranties and your Statutory Rights here: http://approjects.co.za/?big=en-gb/store/b/aboutwarranties .

Computer and telecommunications systems aren’t fault-free and occasional periods of downtime can occur. We can’t guarantee the Additional Services will be uninterrupted, timely, secure or error-free. We and our affiliates, resellers, distributors and vendors give no contractual guarantees or conditions.

You have all mandatory protections given to you by law, in particular statutory warranty rights, but we give no other promises to you in relation to the Products or Additional Services.

28. Limitation of Liability.

Nothing in this limitation of liability shall exclude or limit any mandatory consumer protections that are available to you in your territory or any other liability which cannot be excluded by law. Further, there shall be no limits on the liability of Microsoft, agents acting on Microsoft’s behalf and/or its legal representatives in the event of fraud or their negligence resulting in personal injury or death.

a. Microsoft, except in the case of gross negligence or wilful misconduct, Microsoft’s agents acting on its behalf and/or its legal representatives shall not be liable for any indirect damage which happens as a side effect of the main damage and which would not have been foreseeable by you or Microsoft, agents acting on Microsoft’s behalf and/or its legal representatives.

b. Microsoft shall not be liable for your Submissions, content or material, or activities provided by users, except if made aware of it and if Microsoft does not act promptly to remove it. Such content and activities are neither attributable to Microsoft nor do they represent Microsoft’s opinion.

c. Many of the applications, Services and other Digital Content available in the Store are offered to you by entities other than Microsoft (“Third-Party Content”). Other than any mandatory consumer protections that you are entitled to by law in your country or territory, Microsoft is not responsible for Third-Party Content or claims related thereto. See the Product Warranties section above for more information.

d. Microsoft is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms of Sale if the failure or delay is caused by circumstances beyond Microsoft’s reasonable control (such as force majeure, third-party labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). Microsoft will use reasonable endeavours to minimise the effects of any of these events and to perform the obligations that aren’t affected.

29. Assignment.

You agree that we may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, so long as such assignment, transfer or disposal isn’t to your detriment, at any time without notice to you.

30. Interpreting These Terms.

If any part of these Terms of Sale is invalid, the remaining Sections shall remain in force. 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.

31. Choice of Law and Place to Resolve Disputes.

The laws of Ireland govern all claims related to cost-free and paid Products and Additional Services, but this shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your Products and Additional Services where you have your habitual residence (or, if a business, where your principal place of business is located). With respect to jurisdiction, you and Microsoft agree to choose the courts of the country to which we direct your Products and Additional Services where you have your habitual residence (or, if a business, where your principal place of business is located) for all disputes arising out of or relating to these Terms of Sale, or in the alternative, you may choose the responsible court in Ireland.

The EU Commission has created an internet platform for the online settlement of disputes. It can serve as a contact point for the out-of-court settlement of disputes arising from online purchase contracts or service contracts and can be reached at http://ec.europa.eu/consumers/odr. The Microsoft contact email to include as part of your submission is MSODR@microsoft.com. This email address is only intended for use with the EU’s ODR platform and is not a point of contact for general support or questions. However, Microsoft does not participate in optional dispute resolution procedures before a consumer arbitration board.

32. 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 Notices of Infringement. All enquiries 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 Additional Services are Copyright ©2022 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, Additional Services and content. Microsoft and the names, logos and icons of all Microsoft Products and Additional Services may be either trademarks or registered trademarks of Microsoft in the United States, Canada and/or other countries. A non-exhaustive list of Microsoft trademarks can be found at Microsoft Trade and Brand Guidelines page. The names of actual companies and products and services may be the trademarks of their respective owners. Any rights not expressly granted in these Terms of Sale are reserved.

c. For customer support enquiries, please see the Sales and Support page in the Store.

33. 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.