Welcome to EA. These Terms of Sale (the "Agreement") govern your purchase of software products, digital content, including additional or enhanced functionality, content subscriptions, virtual currency and in-game content offered by EA and its subsidiaries ("EA", "we", "us", "our"), whether downloaded or hosted on servers or the cloud and regardless of platform (collectively "EA Content"). This Agreement is between you and the EA entity listed in Section 11.B below.
FOR RESIDENTS OF CERTAIN COUNTRIES SUCH AS THE UNITED STATES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 13 WHICH AFFECTS YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH EA. PLEASE READ IT.
TABLE OF CONTENTS
You may only purchase EA Content if you are a legal resident of a country or territory where access to and use of EA Content is permitted. EA reserves the right to refuse, limit or block any offer to purchase, obtain or otherwise access EA Content for any reason.
EA Content may also be purchased from authorized third parties. When you purchase EA Content from a third party, your purchase is with that third party and not with EA. You must complete that third party's purchase process and will be bound by that third party's terms and conditions. Please contact the third party with questions regarding your purchase. The warranty provisions in Section 8 with respect to EA Content still apply.
To pay for EA Content, you'll be asked to select from a list of available payment methods for each EA game.
By submitting an order to EA and providing your payment method information, you acknowledge that:
Your order is an offer to purchase EA Content at the Purchase Price (as defined in Section 3 below) and terms shown. Most offers are accepted and processed by EA within 24 hours, though in some cases EA may take up to 72 hours to process your offer. If your offer is accepted by EA, we will charge your payment method, and send you a purchase confirmation email. Our obligation to deliver your EA Content begins as soon as your order is finalized, and shall be complete when you receive your EA Content. EA will not supply any EA Content to you until your payment method provider has authorized the payment.
You agree to keep your payment method information current at all times. You may change or edit your billing account and payment method information any time on your EA Account management page. Click here for more information on payment methods. With your express consent, EA may utilize third party credit card updating services to obtain current card number and/or expiration dates on credit cards provided by you to EA.
When you purchase EA Content from EA, the price payable is the price indicated at the time of purchase, and you agree to pay all fees specified plus all applicable sales and/or use taxes, GST or VAT that EA assesses on your purchase (the "Purchase Price"). Sales or use tax will be calculated upon your billing address. For U.S. and Canadian purchasers, applicable sales tax will be added on to the price displayed; for Australia, EU countries, Iceland, India, Japan, New Zealand, Norway, Russia, Switzerland, South Korea, South Africa or Taiwan purchasers, prices will include applicable VAT or GST, at the rate applicable in the territory, unless otherwise indicated at the time of purchase.
Please note, your payment method provider may apply a currency conversion rate to the Purchase Price, and/or additional processing fees. EA is not responsible for such charges and fees; please contact your payment method provider for further details. In addition, there may be additional costs associated with accessing the applicable EA website or EA game or downloading EA Content, depending on your internet service provider ("ISP") and/or network operator "NO") plan. Please see your ISP's or NO's terms and conditions.
If you purchase a recurring subscription from EA, you authorize EA to automatically charge the subscription Purchase Price:
If your payment method expires, your card provider may provide us with updated card details in order to help prevent any interruption to your subscription. If you would prefer to opt out from this service, you may do so directly with your bank.
Your subscription will continue to automatically renew until you cancel your subscription. You may cancel your subscription at any time by following the instructions specified on the applicable EA website or in the applicable EA game, or by contacting Customer Support at help.ea.com. You will be able to continue to access and use your subscription service until the end of the subscription period.
We reserve the right to change the Purchase Price of a recurring subscription at any time. If we do so, we will provide you notice at least thirty (30) days in advance. By continuing to use the recurring subscription, you indicate that you accept the new Purchase Price which will then be charged on a recurring basis.
EA may offer a free trial for certain subscriptions. If you sign-up for a free trial subscription, unless otherwise indicated, EA will begin to charge the applicable subscription Purchase Price when the free trial expires. You must cancel your subscription prior to the end of the free trial period to avoid charges to your payment method.
Some EA Content may be available for pre-order before the scheduled release date. For most pre-orders, the purchase process will be completed (as described in Section 3) on the release date, without further action by you. In certain cases, we may charge your payment method up to two weeks prior to the release date (we will confirm the payment with a confirmation email). If your payment method expires prior to the release date, your card provider may provide us with updated card details in order to ensure the completion of your pre-order. Please note, when you pre-order, a portion of the EA Content software may be downloaded onto your computer or device prior to the release date; upon the release date, your computer or device will automatically download the remaining portion of the EA Content software.
You may cancel a pre-order for EA Content up until the release date, and any amounts paid will be refunded.
You are responsible for all purchases of EA Content made by your EA Account or otherwise attributable to your payment method, except unauthorised activity which is not your fault. An online statement of your order history from EA websites and EA games can be found at myaccount or, for Star Wars™: The Old Republic subscribers, at account.swtor.com/user. It's your responsibility to ensure the accuracy of your order history and to save a copy of your history for your records. If you have questions regarding your transaction history, please contact Customer Support at help.ea.com, where you will also find information on EA's complaints handling policy.
When expressly authorized by EA in writing, certain EA Content may be gifted, traded, and/or transferred. Unless expressly authorized by EA in writing, EA Content purchased from EA may only be gifted, traded, and/or transferred to residents of the same country as the purchaser. Gifts are completed transactions upon purchase, and purchases of EA Content are between you and EA, subject to this Agreement. Either you or EA may automatically facilitate the gift, trade, or transfer of EA Content to your designated recipient as the context requires and applicable to each individual gift, trade, and/or transfer. You are responsible for ensuring that your designated recipient is (i) correctly identified, and (ii) the appropriate age to receive the gifted, traded or transferred EA Content.
Subject to this Section 8 and any rights that you may have under applicable law, there are no refunds for EA Content purchased from EA unless expressly authorized by EA.
If you are resident of one of the following countries, see below for country-specific cancellation rights:
|European Economic Area except Germany ("EEA"), Brazil, Japan||
Within 14 days from the date of purchase without giving any reason.
Important Notice: This does not apply where you have expressly consented to the performance of the EA Content (which is digital content) beginning immediately upon conclusion of the purchase process, and have acknowledged the loss of your cancellation rights. If you cancel, we shall refund to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel. Your statutory rights are not affected, please see here for details.
Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen.
Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsschlusses.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (EA Swiss Sàrl, Place Du Molard 8, 1204 Genf/Schweiz) mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief, Telefax oder Email) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Für Ihren Widerruf können Sie uns auch hier kontaktieren.
Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.
Folgen des Widerrufs
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart. In keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.
Bei einem Vertrag über die Lieferung von nicht auf einem körperlichen Datenträger befindlichen digitalen Inhalten erlischt Ihr Widerrufsrecht vorzeitig, wenn wir mit der Ausführung des Vertrages begonnen haben, nachdem Sie dazu Ihre ausdrückliche Zustimmung gegeben haben und gleichzeitig Ihre Kenntnis davon bestätigt haben, dass Sie Ihr Widerrufsrecht mit Beginn der Vertragsausführung verlieren.
Ende der Widerrufsbelehrung
|South Africa||Within 14 days from the date of conclusion of the purchase process. You may not cancel orders once we have sent you a purchase confirmation email, either with a digital download code enabling you access to the EA Content, or confirming your EA Account has been directly entitled. Your statutory rights are not affected, please see here for details.|
|Taiwan||Residents in Taiwan have the right to withdraw from their purchase of EA Content (digital content) within 14 days after the date of download. Your statutory rights are not affected, please see here for details.|
|Republic of Korea||Customers in the Republic of Korea have the right to withdraw from purchases of EA Content (digital content) within 14 days from the date of purchase. You will lose your cancellation rights when you access or download the EA Content. Your statutory rights are not affected, please see here for details.|
|Australia||Consumers in Australia have rights to remedies under the consumer guarantee provisions of the Australian Consumer Law that cannot be excluded. These include a right to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and an entitlement to have goods repaired or replaced and services resupplied if the goods or services fail to comply with a consumer guarantee and the failure does not amount to a major failure. See https://help.ea.com/en-au/help/origin/origin/origin-au-returns-and-cancellations/ for more information on your rights to remedies under the Australian Consumer Law.|
Any refunds authorised by EA will be made to the same payment method as you used for your purchase (or, if more than one payment method was used, to both payment methods in proportion to the amounts made from both payment methods), unless you have expressly agreed otherwise. For example, in the event that your payment method is non-refundable, we will attempt to contact you to make payment to an alternative payment method at no additional cost to you.
EA reserves the right to take all legal and technical steps available to enforce this Agreement. Our failure to enforce this Agreement in every instance does not mean that we waive our rights to do so in future.
You acknowledge and agree that by clicking the "Pay Now" (or similar) button when you place your order, you are placing a legally binding offer, and consent to: (i) the use of electronic communications in order to enter into contracts and place orders with EA; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent by contacting us at help.ea.com but if you do, we may cancel your access to EA Content and/or your Account. If you do not consent to receive notices electronically, you must stop using EA Content, your Account, and EA's websites.
By placing orders with us online, you agree that you will have access to the necessary software and hardware, including access to a valid email account, to receive electronic records related to your transactions sent by EA to the email address that you provided. It is your responsibility to inform us of any changes to your email address, as we will rely on and use any email address you provide until you notify us of such change.
This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement.
A. Entire Agreement
This Agreement, together with any other EA terms that govern your use of EA Content (such as the User Agreement), constitutes the entire agreement between you and EA. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect. The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.
B. Governing Law
If you live in the EEA, Switzerland, Brazil, Hong Kong, Mexico or Russia, (i) this Agreement is between you and EA Swiss Sàrl, a company registered in the Geneva Companies Registry with company registration number: CH-660-2328005-8 and with offices at 8 Place du Molard, 1204 Geneva, Switzerland; (ii) the laws of your country of residence govern this Agreement and your purchase of EA Content; and (iii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement, and EA Content shall be the courts of your country of residence.
If you live in the Republic of Korea, (i) this Agreement is between you and EA Swiss Sàrl, a company registered in the Geneva Companies Registry with company registration number: CH-660-2328005-8 and with offices at 8 Place du Molard, 1204 Geneva, Switzerland; (ii) the laws of Korea, excluding its conflicts-of-law rules, govern this Agreement and your purchase of EA Content; and (iii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement, and EA Content shall be the courts of Korea.
If you live in the United States, Canada or Japan, (i) this Agreement is between you and Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA; (ii) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your purchase of EA Content; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or EA Content shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts.
If you in live in any other country, (i) this Agreement is between you and EA Swiss Sàrl, a company registered in the Geneva Companies Registry with company registration number: CH-660-2328005-8 and with offices at 8 Place du Molard, 1204 Geneva, Switzerland; (ii) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your purchase of EA Content; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement, and EA Content shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts.
You agree to follow U.S. and other export control laws and agree not to transfer EA Content to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom EA is prohibited from doing business under these export control laws.
D. Dispute Resolution
Residents of the EEA may access the online dispute resolution platform https://ec.europa.eu/consumers/odr.
EA may modify this Agreement from time to time, so please review it frequently. For EA players who accepted a version of this Agreement prior to modification, the revisions will become effective 30 days after posting at https://tos.ea.com/legalapp/termsofsale/US/en/PC/. By continuing to use EA Content, you indicate that you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the EA Content provided.
THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. IT EXCLUDES RESIDENTS OF QUEBEC, RUSSIA, SWITZERLAND, HONG KONG, BRAZIL, MEXICO, THE MEMBER STATES OF THE EEA, AND THE REPUBLIC OF KOREA. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND EA EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Section offers a streamlined way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by logging into the EA customer support interface with your Account at help.ea.com. If EA cannot resolve your concern, you and EA agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an Agreement between you and EA, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This Agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This Section shall be interpreted broadly and shall survive termination of this Agreement.
A. Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, the EA Content and its marketing, or the relationship between you and EA ("Disputes") shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your, EA's or EA's licensors' trade secrets or copyright, trademark or patent rights; (ii) if you reside in Australia, to enforce a statutory consumer right under Australia consumer law; and (iii) brought in small claims court.
B. Informal Negotiations
You and EA shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. EA will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, ATTENTION: Legal Department.
C. Binding Arbitration
If you and EA cannot resolve a Dispute informally, you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send EA a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, EA will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this Agreement to arbitrate shall be null and void.
If you live in the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA's last written settlement offer made before EA makes its final written submissions to the arbitrator, then EA will:
G. Changes to this Arbitration Agreement
EA will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.
Pursuant to Cal. Civil Code § 1789.3, please note that (a) EA is located at 209 Redwood Shores Parkway, Redwood City, CA 94065, (b) The fees and charges for EA Content vary depending on the services selected by you, and (c) If you have a complaint regarding EA Content or desire further information on use of EA Content, visit EA's customer service at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.