Terms in contract
iTunes Contract Business Law Assignment DORMANT GIFT CERTIFICATES, iTUNES CARDS AND ALLOWANCES – This statement is difficult to understand. The term ‘dormant’ has actually complicated the understanding process.
Gift Certificates, Allowances and iTunes Cards, and unused portions of Gift Certificates, Allowances and iTunes Cards, expire on the later of, two years from the date of issuance, and two years from the date of last activity if applied to an iTunes Store Account.
When you use iTunes Match, Genius will begin associating information about the media in your iTunes library with your Account; the association with your Account will continue for a period of time after your subscription ends. – In this term, Genius is unknown. It remains quite confusing to know what it actually does or who it is.
iTunes Match is provided on an “AS IS” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information, including music, playlist, and play history, from your computer or device and from peripherals (including, without limitation, servers and other computers) connected thereto. – The ‘AS IS’ basis is not understandable.
Plain English translation
DORMANT GIFT CERTIFICATES, iTunes CARDS AND ALLOWANCES
Changed version – Inactive or expired gift certificates, iTunes Cards and Allowances
When you use iTunes Match, Genius will begin associating information about the media in your iTunes library with your Account; the association with your Account will continue for a period of time after your subscription ends.
Changed version – When you use iTunes Match, Genius is an in-built feature that collects information about media into iTunes library with your account.
iTunes Match is provided on an “AS IS” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information, including music, playlist, and play history, from your computer or device and from peripherals (including, without limitation, servers and other computers) connected thereto.
Changed version – iTunes Match is provided with no warranty and you get what you see.
- Corporations Act
The term is applied to every user of iTunes and Apple on the whole. While applying Poussard v Spiers and Pond case to this situation, it shows the contract term has been rightly identified and the wrongful dismissal of the privacy aspect will force the company to take serious actions against the user (E-law resources, n.d).
The rule has given confidence to the users on the availability of privacy law and the adherence to Corporations law and Act of Australia (2001). This privacy is highly important for every application in the market.
By using the itunes service, you agree, to the extent permitted by law, to indemnify and hold apple, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your misuse of the itunes service, or, to the extent permitted by law, any action taken by apple as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.
The misuse of iTunes or the service offered by Apple will expose the user to a strict punishment as per the law applied in Australia.
- Corporations Act
The case on Poussard v Spiers and Pond can be applied (E-law resources, n.d). The wrongful usage of the iTunes, which is found to remain against the terms on the agreement, will be regarded as violation and the internal management will not be responsible for it.
This is essential to make things clear to the environment when iTunes has been misused by someone and Apple works as per the law followed in Australia when a person breaches an agreement.
In no case shall apple, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the itunes service or for any other claim related in any way to your use of the itunes service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the itunes service, even if advised of their possibility.
The damages that develop during usage of iTunes service shall not consider Apple as the reason.
- The cyber law followed in Australia
- Corporations Act 2001
Every user is responsible for the usage of iTunes and the contents using the device. The errors or omissions or serious damages that happen due to posting or transmission of the content indicate the sole responsibility of the user. The company will not be responsible during those cases.
This is essential to indicate the users on the Operation business model and the wrongful usage of the contents and final blame on the company shall be avoided.
You agree to provide accurate and complete information when you register with, and as you use, the App and Book Services (“App and Book Registration Data”), and you agree to update your App and Book Registration Data to keep it accurate and complete.
The registration process of App and Book registration demands accurate and complete data of the users
Multiple users might use App and Books for different purposes. In that case, the user is supposed to give the accurate data and update as and when it changes. Else, it will lead to termination of the contract as per Bettini v Gye (1876) 1 QBD 183 (E-law resources, n.d).
This insists the users on the guidelines in the usage of applications of Apple,planing and maintenance procedures.
You understand that by using the App and Book Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the App and Book Services at your sole risk and Apple shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
The indecent or incorrect usage of the App and Book implies the sole responsibility of the user to fix it and Apple shall not offer any warranty to fix that problem when it is primarily originated by the user.
- Consumer act
- Corporations Act (2001)
The wrongful dismissal of the services, according to Poussard v Spiers and Pond, should be avoided (E-law resources, n.d). This is to indicate the users that the warranty shall not be given to the users for the objectionable conduct of the App and Book.
This is to make the users clear on the right form of usage of the App and Book so that they do not breach the terms and conditions that are mentioned in the agreement.
If licensor is liable to you under the competition and consumer act 2010 (cwth) or similar state legislation, to the extent to which licensor is entitled to do so, licensor limits its liability in respect of any claim under those provisions to: in the case of goods, at licensor’s option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at licensor’s option: the supplying of the services again; or the payment of the cost of having the services supplied again.
The licensor has the liability to manage the claims raised by the user when the licensor has actually supplied the good.
- Competition and consumer act 2010 (cwth)
The consumer shall regard the liability of the licensor in the supply, replacement, repair and payment for the goods. In that case, Apple will not directly deal with the consumer for such situations and licensor will be responsible.
This is to differentiate the liabilities of the licensor and Apple.
Condition or warranty
|Term Number||Condition or warranty|
E-law resources, Poussard v Spiers (1876) 1 QBD 410. Retrieved on Jan 23, 2014, from http://www.e-lawresources.co.uk/Poussard-v-Spiers.php
E-law resources, Bettini v Gye (1876) QBD 183. Retrieved on Jan 23, 2014, from http://www.e-lawresources.co.uk/Bettini-v-Gye.php