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Originally Posted by HarryT
All sorts of examples of services only being offered to a specific group of people spring to mind. Eg, holiday companies which restrict holidays to people within a certain age range are perfectly legal, in spite of age discrimination laws.
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True, but they're not letting people outside the age range sign up for the holiday, pay their money, and then deny it based on the clauses in a contract. They prevent them from signing up in the first place. That's not quite the same thing.
An equivalent would be if a holiday company let someone who was 49 sign up for a cruise that required people to be under 50, pay their money, and then kick them off the ship without a refund because they had a birthday during the cruise. I think the individual would have a much stronger case for age discrimination in that scenario.
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It seems to me, that as long as Microsoft make it clear "up front" that if you modify your XBox, you will be excluded from the "Live" service, then anyone who chooses to do so is voluntarily removing themselves from the service, even though modding the hardware is an entirely legal activity.
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I don't know anything about Australian law, but in the US there are rules about what "make it clear up front" means and also what types of legal rights can be given up in a contract.