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Xbox Services Terms and Conditions

June 2014

1. INTRODUCTION

If you submit a request for service (the “Service”) for your Xbox product, you accept and agree to these Xbox Services Terms and Conditions and any other applicable terms, conditions, policies or disclaimers found on xbox.com/support (the “Agreement”). We encourage you to read these terms carefully. These terms apply to Services for Xbox One and Xbox 360 consoles, Xbox One and Xbox 360 accessories, Kinect for Xbox One and Kinect for Xbox 360 Sensors (“Xbox Products”).

PLEASE DO NOT SUBMIT A REQUEST FOR SERVICES IF YOU DO NOT AGREE TO THESE XBOX SERVICES TERMS AND CONDITIONS.

2. MODIFICATION OF XBOX SERVICES TERMS AND CONDITIONS

At any time, Microsoft may update the Xbox Services Terms and Conditions without providing you notice. You are responsible for understanding these terms and conditions before requesting a new repair; if you continue to use the website and/or submit a Service order, you will have agreed to the amended terms.

3. WARRANTY AND EXTENDED SERVICE PLAN COVERAGE

In the event of any conflict between this Agreement and the Microsoft-issued limited warranty, guarantee or extended service plan for your Xbox Product, the terms of the Microsoft-issued limited warranty, guarantee or extended service plan will apply to the Service for your Xbox Product. Be sure to keep a copy of your proof of purchase for your Xbox Product. We may require you to provide proof of purchase to us if there is any question as to your Xbox Product’s eligibility for free of charge warranty service, or extended service plan coverage.

4. LIMITATIONS ON USE BY MINORS

You must be at least 18 years of age to submit a service order for your Xbox product on this site or any related sites; if you submit an order, you are responsible for complying with this age requirement.

5. USE OF INFORMATION ABOUT YOU

Microsoft takes care of information about you and your order history according to the terms of the Microsoft Privacy Statement.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

When you submit a Service order for your Xbox Product, you agree to provide current, complete, and accurate payment, account and contact information and to promptly update that information, so that we can complete your transactions and contact you as needed.

7. PAYMENT

Unless service for your Xbox Product is covered by the Microsoft-issued limited warranty, guarantee or extended service contract, you agree to pay the estimated Service charges at the time you submit an order (either by phone through our customer service agent or online). The estimated charges include all parts and labor required for Service, shipping charges, plus applicable tax. For Advance Exchange orders, please review the terms below.

8. LIABILITY FOR DAMAGE DURING SHIPPING

If you send in your Xbox Product for Service, you are responsible to have it properly packaged to prevent damage while in transit for service. You are also responsible for insurance coverage for any loss or damage to the Xbox Product while in transit for service. We will notify you if the Xbox Product is damaged in any way in transit for service; you will be responsible for any damage incurred before we receive your Xbox Product.

After we have shipped back your Xbox Product to you, if it arrives in a damaged condition, you must notify Microsoft of the damage by calling us within two (2) days after you receive it (at the customer service number listed on Xbox.com/support for the country where you purchased the Xbox Product). If you fail to contact Microsoft regarding any damage to your Xbox Product within two (2) days after you receive it, you will be responsible for any damage.

9. DATA TRANSFER OR SOFTWARE INSTALLATION

Before you send your Xbox Product to Microsoft for Service, you are responsible to back up all existing data, software, and programs, and to remove or erase all existing data or remove any storage device. Microsoft is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment resulting from service of your Xbox Product.

If Service of your Xbox Product involves transferring information or installing software, you will only submit an order if you have the legal right to: (1) copy the information, including verifying that your Xbox Product does not contain illegal files or data; and (2) to agree to the terms of the software license; you authorize Microsoft to transfer the information and accept those terms for you in performing the service.

10. ABANDONED PROPERTY

Microsoft will ship your Xbox Product to the mailing address submitted when you authorized Service, unless you give us alternate instructions in writing. If your product is returned to Microsoft because delivery could not be completed at that address, Microsoft will attempt to contact you for an alternate address. If you do not provide an address where Microsoft or its agent may deliver your product within sixty (60) days after the original delivery attempt, Microsoft will notify you that it considers your product abandoned. If your product is abandoned, Microsoft may dispose of your Xbox Product (in accordance with applicable law); specifically, Microsoft may sell your product at a private or public sale to pay for any outstanding service. Microsoft reserves its statutory and any other lawful liens for unpaid charges.

11. LIABILITY FOR OTHER PROPERTY

When you send your Xbox Product in for service, do not send any personal property or other Microsoft products with that Xbox Product (this includes Xbox accessories for which you did not request Service, games, books, etc.); you are responsible for the loss of any personal property that you send to Microsoft. Other than the items that were required for the service of your Xbox Product or its replacement, Microsoft does not guarantee that any personal property will be returned to you.

12. REPAIR OR EXCHANGE

When you send your Xbox Product to Microsoft for Service, it may be replaced by refurbished goods of the same functionality rather than being repaired. New or refurbished parts may be used to Service your Xbox Product during the repair. Any part or product replaced during Service will be Microsoft’s property, and the replacement part or product will become your property.

13. SPECIAL EDITION OR CUSTOM XBOX PRODUCTS

If you send a special edition or custom Xbox Product to Microsoft for Service, Microsoft will use best efforts to return the same or similar special edition or custom Xbox Product to you; this will depend on its availability at the time of service (special or custom editions may be out of production or inventory). Microsoft does not warrant or guarantee that we will be able to do so, as it may be commercially impracticable.

14. EXCLUSIONS FROM SERVICE

Microsoft reserves the right to refuse Service on Xbox Products that are: (1) damaged by use with products not sold or licensed by Microsoft (including, for example, games and accessories not manufactured or licensed by Microsoft, and “pirated” games, etc.); (2) used for commercial purposes (including, for example, rental, pay-per-play, etc.); (3) opened, modified, or tampered with (including, for example, any attempt to defeat any technical limitation, security, or anti-piracy mechanism, etc.), (or its serial number is altered or removed; (4) damaged by any external cause (including, for example, by being dropped, used with inadequate ventilation, etc., or failure to follow product manual instructions for the Xbox Product); (5) sent to Microsoft without requesting an authorized repair by phone or online; or (6) that were repaired by any third party other than Microsoft or its authorized repair providers. In such event, we may return the Xbox Product to you without service.

15. ADDITIONAL TERMS FOR ADVANCE EXCHANGE PROGRAM

In certain countries, Microsoft offers an Advance Exchange Program, under which you can receive a console prior to shipping back your console to Microsoft for service, with certain conditions. If you want to participate in the Advanced Exchange program, Microsoft will send you a replacement Xbox Product (the “Advance Exchange Product”) before you send your Xbox Product to us, under the following conditions:

  • Your Xbox Product must comply with the terms of the warranty, guarantee or extended service contract;
  • Your Xbox Product will not qualify for this program if, after we receive it, there is evidence of physical damage, tamper, abuse, etc. or other exclusions from your Xbox Product’s warranty, guarantee or extended service contract;
  • The Advance Exchange Product will be shipped to you in a box that includes a prepaid shipping label; and
  • You must use the prepaid shipping label to return the Xbox Product for which you received an Advanced Exchange Product and are requesting service. You will need to return your original Xbox Product in the same box within 14 days of receiving the replacement product.
  • To guarantee that the original Xbox Product is returned, we will need to take your credit card number. YOUR CREDIT CARD WILL NOT BE CHARGED, provided you return the original Xbox Product (with the serial number you have provided to us) within 14 days of receiving the Advanced Exchange Product.
  • A pre-authorization for the full replacement charge and handling fee may appear on your card from Xbox Service, verifying that funds are available in your account (the full amount will be refunded); this is not a charge. We will only charge you the replacement and handling fee indicated below if: (1) we do not receive the original Xbox Product back within 14 days from the date you took delivery of the replacement product as indicated by the carrier’s tracking system; (2) if the product is not under warranty; and/or (3) if the product is excluded from warranty or service (has indication of tampering or physical damage).

The replacement charges for Xbox Products are as follows:

Xbox One Console (including Kinect for Xbox One Sensor): up to US $499.00

Xbox One Sensor: up to US $150.00

Xbox 360 Console: up to US$250.00

Kinect for Xbox 360 Sensor: up to US$150.00

If you have any questions, please contact support at 1-800-4MY XBOX (1-800-469-9269) or online at support.xbox.com.

16. LIMITED POST-SERVICE WARRANTY

In servicing your Xbox Product, Microsoft warrants (1) that Service will be performed in a workmanlike manner and (2) that all parts or products used in the Service will be free from defects in materials and workmanship for either the remainder of the term of your Microsoft-issued warranty, guarantee or extended service contract or ninety (90) days from the date of Service, whichever is greater. This post-Service warranty is an express limited warranty. If non-conforming Service is provided or a defect arises in a replacement part or product during the ninety (90) day warranty period, at its option, Microsoft will (1) repair the part or product, using new, used or refurbished replacement parts, or (2) replace the part or product with a new, used or refurbished equivalent part or product, or (3) refund your payment for the Service.

Microsoft is not responsible and this post-service warranty does not apply if Your Xbox Product is:

  1. damaged by use with products not sold or licensed by Microsoft;
  2. opened, modified, or tampered with (including, for example, any attempt to defeat any technical limitation or security), or its serial number is altered or removed;
  3. damaged by any external cause, whether by You or someone else using Your Xbox Product, including, for example:
    • by being dropped;
    • misuse (including use outdoors), abuse, negligence, or accident;
    • mishandling or damage during shipment, except from Microsoft to You;
    • exposed to liquid;
    • used with inadequate ventilation;
    • scratched, dented, etc. or shows other cosmetic damage;
    • failure to follow installation, operation or maintenance instructions; or
  4. repaired by anyone other than Microsoft.

THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND PARTS OR PRODUCTS PROVIDED. MICROSOFT SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states, provinces or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The post-Service warranty gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction. FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.

17. LIMITATION OF LIABILITY

IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN MICROSOFT’S CUSTODY, MICROSOFT’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED XBOX PRODUCT. OTHERWISE MICROSOFT’S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR XBOX PRODUCT, WHETHER DUE TO MICROSOFT’S NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO DIRECT DAMAGES UP TO THE GREATER OF: (i) THE COST TO REPAIR OR REPLACE THE XBOX PRODUCT; OR (ii) THE TOTAL AMOUNT YOU PAY TO MICROSOFT FOR THE SERVICE. MICROSOFT HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS OR REVENUE. MICROSOFT HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST MICROSOFT IN AN AMOUNT NOT TO EXCEED (i) THE COST TO REPAIR OR REPLACE THE XBOX PRODUCT; OR (ii) THE TOTAL AMOUNT YOU PAY TO MICROSOFT FOR THE SERVICE.

18. SUBCONTRACTORS

Microsoft may subcontract with other service providers to Service your Xbox Product.

19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If you live in or your business is incorporated in the United States of America then claims for breach of this contract will be subject to the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. If you live in or your business is incorporated in the United States of America you consent to the exclusive jurisdiction and venue of state and federal courts in King County, Washington, USA for all disputes relating to this contract or the Service.

If you live in or your business is incorporated outside of the United States of America all claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you reside and the courts in the country in which you reside will have exclusive jurisdiction over all disputes arising out of or relating to this contract.

20. ENTIRE AGREEMENT; SEVERABILITY; FORCE MAJEURE

This is the entire Agreement between you and Microsoft for Services for your Xbox Product. Microsoft does not authorize any variance or modification of this Agreement. If any provision of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect. Microsoft is not responsible for any failures or delays in performing Services that are due to events outside its reasonable control.

21. NOTICE FOR EUROPEAN UNION CONSUMERS

As required by Directive 2011/83/EU, you may cancel your Service order without giving a reason within fourteen (14) calendar days of the date of your purchase of the Services. If you cancel your Service order within such fourteen (14) day period, Microsoft will provide a refund of the full Service purchase price to you within fourteen (14) calendar days of the date of your cancellation. Service cancellations and refunds are not available for Advanced Exchange orders.

LAST UPDATED JUNE 2014

©2014 Microsoft Corporation. All rights reserved.

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