This Agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates) ("we," "us," "our," or "Microsoft") describes your ability to redeem gift cards and make purchases at participating stores owned by us (collectively "Participating Stores"), including but not limited to Windows Store, Windows Mobile Store and Xbox Store, using your Microsoft account. Account balances are issued and managed by Microsoft Corporation, a Washington Corporation, and/or its affiliates.
This Agreement has important terms about our relationship. It also incorporates our Microsoft Services Agreement, which includes the terms governing your Microsoft account and (for U.S. residents only) a binding arbitration clause and class action waiver that affects your rights about how to resolve any dispute with Microsoft.
1. Scope of agreement; acceptance of terms
1.1 What services are covered by this Agreement? This Agreement governs the use of your Microsoft account to make eligible purchases from Microsoft or authorized third-parties ("Merchandise") through compatible devices at Participating Stores. To the extent permitted under applicable law, we may add, discontinue, remove, or suspend the availability, features, specifications, and prices regarding your account balance or the Merchandise made available at the Participating Stores, temporarily or permanently, at any time, without liability, as described in this Agreement.
1.2 How do I accept this Agreement? You accept this Agreement when you purchase a gift card or code, redeem a Microsoft gift card or code to your Microsoft account or use money stored in your Microsoft account to make purchases at Microsoft stores.
1.3 Can Microsoft change this Agreement after I have accepted it? We may add to, change, or remove any part of this Agreement from time to time. If we change any material terms that would adversely affect your rights as they are presented to you in this Agreement, we will notify you, either through your Microsoft account, in an email notification, or through other reasonable electronic means.
2. Microsoft accounts
2.1 Do I need a Microsoft account? Yes. To make purchases at Participating Stores, you must have an active Microsoft account with us. You can redeem gift cards to your Microsoft account, view your current account balance and any expiration dates associated with promotional balances in your account, purchase a gift card and review your gift card purchase history, or update your personal information.
2.2 How do I add money to my Microsoft account balance? You may add money to your Microsoft account by redeeming a Microsoft gift card or code. When redeemed, the full value of the card or code will be added to your account balance. Further instructions for redemption are provided with the card or code. Additional terms and conditions may also accompany the card or code. Except as required by applicable law, codes can't be redeemed or exchanged for cash and aren't reloadable. If you live in an EU country where local law provides a "cooling-off period," you may return non-redeemed gift cards for a full refund within 14-days of purchasing the gift card or code. However, once redeemed, you acknowledge that no refund will be made. If you purchase a gift card from a merchant other than Microsoft, that merchant's return policies apply. Microsoft isn't responsible if your gift code is lost, stolen, misplaced, or used without your permission.
2.3 Are there any expiration dates or fees? Non-promotional balances don't expire. Any promotional balance in your account is subject to expiration as set forth in the terms of the promotion. There are no fees associated with keeping a balance in your account, whether acquired on a promotional basis or not.
2.4 How do I make purchases at Participating Stores? You may use your account balance to purchase Merchandise at Participating Stores only. Unexpired promotional balance will be deducted (in order of the most proximate expiration date) from your Microsoft account before any other balance. If you don't have sufficient money in your Microsoft account to complete a transaction, you must use another form of payment registered with your Microsoft account to cover the remaining purchase amount, charge the entire purchase to the other payment option in lieu of your account balance, or add additional value to your Microsoft account.
You may not use your account balance for certain in-app subscriptions or purchases or to obtain cash or cash substitutes (e.g., gift certificates), except where required by law. Each Participating Store may impose additional purchase restrictions or exclusions. Microsoft doesn't issue refunds for the Merchandise we sell in Participating Stores, except where required by law. If we accept a return, we will credit your Microsoft account with the same amount that was used to purchase the returned Merchandise.
2.5 Do any restrictions apply to the use of the money in my Microsoft account at Participating Stores? The following restrictions and requirements apply:
Your ability to redeem a Microsoft gift card to your Microsoft account and use that money at Participating Stores may require certain hardware or software specifications, including Internet access service (connect time charges may apply).
Denominations in a certain currency may only be added to a Microsoft account registered in the jurisdiction that recognizes such currency as an official currency, and then may only be used at Participating Stores available in that jurisdiction. Your account balance may not be converted to another currency.
Your account balance is non-transferable.
Your ability to redeem a gift card or receive refunds to your Microsoft account, use that money to make purchases at Participating Stores, or to purchase and send a gift card may be subject to additional account balance restrictions as determined by Microsoft from time to time in its sole discretion. For further information about these additional account balance restrictions, please visit Limits on the money in your Microsoft account.
We may further restrict your ability to access or use your Microsoft account balance or require you to use a different payment option to complete a transaction, in order to prevent fraud or unauthorized use.
3. Suspension; termination; forfeiture
If you violate the terms of this Agreement, we may take any action against you that we deem appropriate, including suspending or terminating access to your account balance, purchasing or redeeming gift cards, purchasing Merchandise, or accessing your Microsoft account. During a suspension, you won't lose the money in your account, except for any promotional value that may expire during the suspension period. We won't credit your Microsoft account for any promotional value that expires during the suspension period for any reason.
If we close your Microsoft account, we will refund to you any remaining balance to the extent required by law. We won't refund any promotional balance or any balance that hasn't been redeemed to your Microsoft account. These refunds are, subject to certain conditions that Microsoft may impose from time to time.
If a refund is required, we reserve the right to withhold any balance in your account to cover any damages that we incur. If you voluntarily close your Microsoft account, we will refund to you any remaining balance in your account where required by law except for any promotional balance, subject to certain conditions that Microsoft may impose from time to time, unless we, in good faith, suspect fraud or misuse of your Microsoft account, in which case you may not receive a refund.
4. Notices to parties
This Agreement is provided in electronic form. We may provide you information in electronic form about this Agreement, your account balance, and any information the law requires us to provide. We may provide required information to you by email at the address you specified in your Microsoft account, or on certain Microsoft websites. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive information electronically, you must stop using your account balance.
5. Customer service
For any questions or disputes regarding your gift card purchases, access and use of your account balance, issues with Merchandise purchased using your account balance, or to report the unauthorized use of your account balance, please contact Microsoft Customer Support.