Procon-SP Nintendo for misappropriation regulations in new use regulations
Oh Procon-SP Not conveyed Nintendo Tuesday, 13, 13, requiring clarity on changes of the company’s use, in preliminary analysis, may be abused. The giant giant will have 48 hours to respond to the request.
The notification has arisen after the company’s “consciousness”, blocking or canceling accounts that cannot be blocked or canceled accounts, as well as the new use provisions of Nintendo equipment, and services that can “permanently use”, without providing clear details about the criteria or conditions of these actions.
According to Procon-SP experts, the terms that allow arbitrary changes in the content or quality of the contract, to block or cancel the consumer account, are considered abuse according to the Federal Law 8.078/90-90-Common Protection Code. Code guarantees consumer protection from abuse methods and defining these terms void.
In addition, the new agreement imposes a mandatory arbitration clause, which prevents users from processing Nintendo in court or participating in mass acts. The word dictates that any conflict should be resolved exclusively by personal arbitration to join the jury in order to resort to the jury trial. “You and Nintendo agree that the mediation is particularly personal,” said the new text.
For Procon-SP professionals, this provision is abused, as the Brazilian law guarantees the right to choose how to resolve conflicts with suppliers, including allowing mass acts. Therefore, forcing personal arbitration instead of a claim is to violate consumer law.
Harmful users can register their complaints in their city or state prokan. For polystas, the complaint can be done directly on the website http://www.procon.sp.gov.br.
The company, which requested by Exam, has not yet commented on the matter.
