Microsoft is thwarting the threat of court action from users of its online services – including Hotmail, Bing and MSN – by introducing a new set of terms and conditions which will see consumers sign away the right to legal redress.
The new agreement, which comes into effect from September 27, only directly affects consumers in the US although experts claim it may have repercussions in international law.
It states: “Neither you nor Microsoft will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
“You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal.”
While the waiver could be seen as placing both Microsoft and its users on an equal footing, the way individual disputes are to be resolved could potentially place users at a disadvantage, say legal experts.
There are also concerns that there is no visible way for users to “not agree” with the new terms and conditions.
The agreement simply states: “This is the entire agreement between you and Microsoft for your use of the services. It supersedes any prior agreements between you and Microsoft regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law.”
