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Xie Bingxun, a sports chef from New Taipei City, returned to Taiwan after six years of traveling abroad. He relied on his mobile phone and paid for iCloud’s cloud storage service to record recipe menus obtained from grinding his teeth abroad, including God of Cookery, two Michelin stars, and world rankings. The top ten restaurants are all included, but this precious “hard work” disappeared overnight. Anxious, he asked Apple to help restore 15,000 photos and 400 videos, but the restore failed. He couldn’t even say the reason. The chef angrily demanded 3 million yuan as compensation. At the coordination meeting, Apple introduced the “Supreme Lord Clause” and advocated disclaimer and rejection. Unilateral interest clause.
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In this regard, the “Apple News” reporter tried to contact the switchboard of the official Taiwan Apple website, the public relations contact person and email, hoping to get an answer to this case But the switchboard staff said they couldn’t help transfer the public relations department, and the public relations staff did not answer the phone or leave a message. Didn’t reply, another email to the iCloud department, but I didn’t get a response from Apple.
Xie Bingxun (34 years old), who lives in New Taipei City, has a master’s degree from the Spanish Catering Institute and is currently working as a second chef in a western restaurant on Xinyi Road in Taipei. He is primarily responsible for the research and development of the menu. When he was 28 years old, he traveled to Great Britain, Japan, France and the West. Waiting for Shikoku, kitchen experience for about 6 years. Not only did he work with Gordon James Ramsay in a two-Michelin-star restaurant, he also entered the top ten restaurants in the world as an intern. He is used to recording recipes and work environments with his iPhone. , The accumulated data is quite large, so after returning to Taiwan in February of this year, he again purchased and upgraded the iCloud capacity from 50G (30 yuan monthly fee) to 200G (90 yuan monthly fee).
In late June, Xie Bingxun suddenly found that more than half of the data in the phone’s memory suddenly disappeared. There were only more than 5,000 photos and more than 10 videos left in 15,000 photos and more than 400 videos, causing her sleeplessness all night. He contacted Apple urgently the next day. Customer service assistance, over the phone to teach the step-by-step operation to reset and restore, the screen still remains “15,051Photos, 437Videos Downloading …”, the download result remains the same overnight .
Xie Bingxun anxiously contacted Apple several times back and forth. Finally, after waiting more than ten days, he finally got an answer. Apple’s senior customer service said the engineering department saw these videos and photos of you, but couldn’t respond, but why can’t they respond at all? Then yes.
Xie Bingxun is told quite angrily that if I delete them myself, iCloud will have records and can be recovered as such, but there are no relevant records at all, and the data automatically disappears. There is no way to make it up to him, and he even asks you to go to a third party company to see if there is any way to recover. The attitude is dumbfounded.
Xie Bingxun said helplessly that these foreign learned recipe materials are all his hard work and embracing his dreams. They will change an important stage in your life. He is currently responsible for developing restaurant menus. How much value these materials can create, and even their future. The basis for opening a store is: “I spend money to ask them to save the information, but I don’t have to take any responsibility. It’s really unreasonable!” Finally he went to the Executive Yuan Consumer Protection Office and New Taipei City Consumer Protection Officer to ask Apple for 3 million yuan.
Apple’s US branch in Taiwan responded to the Bureau of Consumer Insurance on July 22, stating that “consumer data stored on the device is lost, and our company must restore the data … to contact and guide consumers. consumers to restore their latest iCloud backup. However, the consumer stated that the mentioned information has not been restored, so the information is not in the backup. Therefore, our company cannot restore the data for her, and the consumer’s request for compensation, please forgive our company for failing to meet your requirements.
In fact, please read carefully “II. Features and Services-C. Backup” in the iCloud Terms of Service: “… to the maximum extent permitted by applicable laws, Apple does not guarantee that you can store or Content used you will not suffer unintentional damage, destruction, loss or deletion under the terms of this agreement. Apple is not responsible for the occurrence of such damage, destruction, loss or deletion. “The content may explain the content of the backup. There is a risk of disappearance, but Apple is not responsible for compensation.
Liao Peiling, New Taipei City Consumer Protection Officer, said consumers pay to use Apple’s iCloud service, which is a paid contract, and the paid contract debtor should have taken on the duty of a good administrator .
Liao Peiling said that at the coordination meeting held by the new Taipei city government, Apple representatives did not deny that data stored by consumers in the cloud “disappeared for no reason.” The engineer could not find a way to disappear. Instead, he got the original “consent”. The intermediate release clause means that Apple’s iCloud is not responsible for unintentional damages and removals, and uses the “Overlord Clause” to limit consumer compensation claims. Xie Nan also expressed dissatisfaction with this, but Apple charges a clause that does not take any responsibility for damages, which is unacceptable to the public.
Liao Peiling emphasized that Apple’s contractual practice violates the principle of good faith under Article 12 of the Consumer Protection Law, is clearly unfair to consumers and is an invalid contract. In addition, it violates Civil Law to appropriate the debtor through gross or intentional negligence. This is also not allowed by law.
Lawyer Zhang Youqi noted that when Apple provides iCloud cloud storage services to consumers, it will use a previously drawn up finalized contract. If consumers do not agree to the terms of the contract, they cannot use the service. In the finalized contract provided by the company, Apple is completely exempt from liability. This is an “unfair unilateral benefit” clause. In fact, it may be invalid because it violates the principle of good faith, because the “Consumer Protection Law” stipulates that the contract terminated Content must comply with the principle of good faith.
Zhang Youqi believes that the Consumer Protection Department of the Executive Yuan has not stipulated what should be registered and what not to register for cloud storage services, so according to current regulations, it is impossible to impose administrative penalties on Manzana. It is strongly recommended that the Department of Consumer Protection formulate regulations as soon as possible to protect consumer rights.
3C expert Tim said this is the first time he has heard of cases like iCloud cloud data innocently disappearing. What I used to find before was consumers mistakenly deleting or overwriting photos, but still, like Goolgle, it can help bring back the original. A large company like Apple should also have this capability.
Brother Tim reminds that important information like this shouldn’t just exist in one place. After all, technology “always makes mistakes.” You can save more places on computers, mobile hard drives, or other company cloud services for insurance. Take yourself as an example. 1,000 YouTube videos are stored in four places, so don’t worry, even if you delete them by mistake. (Report of the Zeng Jiajun / Xinbei Emergency Center)
Apple iCloud Small File
Functional elements: online sync storage services and cloud computing services provided by Apple
Storage space: 5G (free), 50G (30 yuan per month), 200G (90 yuan per month), 2TB (300 yuan per month)
Storage content: Store music, photos, application data, files, contacts and calendars, etc., and stream them to all users’ devices that support iCloud syncing, such as iPhone and iPad.
Mobile APP: IOS
Computer applications: Windows, Mac
Competitors: Google Drive, Dropbox, Microsoft OneDrive, etc.
Source: “Apple” interview
