Friday 29 January 2021

Apple iCloud's "INDEMNIFICATION" paragraph v.02

There is this "INDEMNIFICATION" paragraph in iCloud Terms and Conditions that said two things I object:

1. "... you cannot sue Apple, its affiliates, ..., as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Apple's conclusion that a violation of this Agreement has occured."

2. "... indemnify and hold harmless Apple from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you."

Mind that this is my opinion, I'm not a professional legal practitioner nor am I acting as one:

First of all, number 1 makes it volatile for business purposes, legally speaking. There's no guarantee that your transactions or important time of negotiation wouldn't be interrupted by Apple at its sole discretion. And then, if they were wrong, all of those losses would be deemed to have been indemnified, by you. 

Number 2 makes it so that if your account got cracked by the malice of Apple's personnel, due to the company's negligence or encouragement, you don't get to claim compensation from Apple

Those are just in a hindsight, from the top of my head... these 2 clauses are so problematic, the fact that they are there at the first place, I'm concerned that it is deeper than just those problems. 

Thursday 28 January 2021

Gojek ToC and PP v.02

I'm reading Gojek ToC and PP right now, and they are so good. I'm sorry that I haven't read it before the update time... really, and I know I'm supposed to write this after I read them all but up until now they are just conclusively so worth talking about it would make it more difficult for myself if I were not to write this now. 

Gojek ToC and PP:

https://www.gojek.com/en/terms-of-service/, as of the 30'th of July 2020
https://www.gojek.com/privacy-policy/, as of the 30'th of July 2020

Are legit, hands down... although I wish people could make these things much shorter and simpler and still hit the points but that's a worldwide problem. Gojek didn't escape that problem but their stuff is authentic, and just as good if not better in some paragraphs and wordings compared to popular, common ToC and PPs. 

Most ToCs and PPs utilize commonly used formats and sentences they looked similar with each other. That's for a good reason, we want some degree of standardization to make it easier to read/(skip). But those also would make legal documents more dangerous, in a way that they nudge readers to overlook some of the custom points unique to their services. Realistically, different sites/services should have their own unique exposures, as much similar their ToCs and PPs might look from another.

I'm all for not making everything different too much, please, it is hard enough to actually thoroughly read all of those legal documents, but if you made it like Gojek, that would be something else. 

Each problems addressed in the documents easily feels realistic, and there are a lot of points presented as such. By consistently being such straight-forward and informative throughout my reading, I got the sense that they have spent considerable resources to seriously take care of mine as much as theirs well-being, conditions, and interests. At the same time it feels like I'm living through the concerns addressed... and since there were lots of them it felt like studying a relevant skill or a relevant subject for an actual job. 

These are worth your time for their authenticity, the ToC and PP, each of them might be a slow read, not the easiest, but they don't give me that dismissible feeling as when I read other popular ToCs/PPs. 

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no. 17 of the ToC contains a sentence that said:

"You shall not sue nor object the validity of this Terms of Use or the Privacy Policy which are made in the electronic form"

I think it should be changed to:

"You shall not sue nor object the validity of this Terms of Conditions and the Privacy Policy as electronic forms"