The Federal Court have found that Valve Corporation have engaged in misleading or deceptive conduct and made false or misleading representations to Australian consumers about the consumer guarantees under Australian Consumer Law.
This relates specifically to Steam’s Return Policy Terms & Conditions:
- consumers were not entitled to a refund for digitally downloaded games purchased from Valve via the Steam website or Steam Client (in any circumstances);
- Valve had excluded statutory guarantees and/or warranties that goods would be of acceptable quality; and
- Valve had restricted or modified statutory guarantees and/or warranties of acceptable quality.
Justice Edelman concluded that making each of these representations involved conduct in Australia by Valve and that, in any event, Valve was carrying on business in Australia.