Page:Australian Competition and Consumer Commission v Valve Corporation (No 3).pdf/80

 to take reasonable steps to prevent them from becoming of unacceptable quality". None of these matters was an issue at trial.

274 The online chat representations alleged by the ACCC were made on statements made in the course of written, online "chats" between three Australian consumers and Steam Support representatives. Each of those chats is described below.

275 Mr Phillips. The first chat was between Mr Phillips and Steam Support (Court Book 163164).

276 Mr Phillips is a 31 year old man who lives in Victoria. He has played computer games and custom built computers for 20 years. He plays once or twice a week for 2 or 3 hours each time. On 24 November 2013, he purchased a game for US $49.99. The game was called "X-Rebirth". He wanted to use it on his computer. On the same day, he experienced problems with the game which he described as "game breaking bugs". These included that the game crashed every second or third time that he tried to play it. He would get black screens when launching the game, the sound would cut in and out, and the game ran at a low frame rate like watching a slide show rather than a moving image. Mr Phillips attempted to play and to troubleshoot the game for 4 hours on one occasion and 2 hours on another. He described a number of troubleshooting techniques that he tried to apply.

277 The online chat between Mr Phillips and Steam Support commenced on 24 November 2013, with a message sent by Mr Phillips as follows:

I would like a refund in full to a purchase I made for X- RebirthX-Rebirth [sic].

X-Rebirth

49.99 USD

Subtotal:

49.99 USD

Tax:

0.00 USD

Total:

49.99 USD

Payment Info:

Visa ending with****

49.99 USD