This case is quite similar with Disney+ case.
You press ‘Agree’, you lost the right to sue the company.
the problem here is obviously corporations running the world. the solution is obviously terrorizing them into submission. the government ain’t gonna save you.
And they’ll keep getting away with it as long as corporations are treated better than actual people. And you know they put shit like this in the agreements because they know nobody reads them. And every time we get complacent or blame someone else, it only gets worse.
Ok I think this should finally bring to light how TOS should not be enforceable contracts. As
1- its common knowledge that the average person does not read TOS. Therefore, it should be unreasonable to expect the average consumer to have completely understood what they have agreed to, without any legal representation to clarify the contract
2 - TOS are written like legal jargin straight from the legal department. Unfortunately, the client base is either 10 year olds lying about their age, 80 year olds who barely understand what a TOS is, and the average consumer who was never presented with a contract, just a simple “Accept or Decline”
3 - If TOS is meant to be as enforceable as it is, then we need a new set of data laws / seperate justice system to actually regulate those TOS. From what I understand, real life laws still apply to contracts where both parties consented. Aka, even if you agreed to kill someone who wanted to die, murder is illegal.
I hope we can bring some real change instead of letting this go to the side too. I was hoping the Disney thing would be bigger than it was, but then again who’s taking Disney to court and surviving? It’s sad to think they can get away with this, and its sadder to know we’re less valuable than the data we produce.
Heck half the time my screen reading software glitches out on ToS pages, so I just have to assume I’m selling my soul but hopefully not much else and click accept because it’s not like I’m going to find someone to sit and read it out to me, that would take hours!
And yet for every other contract I have ever signed in my entire life, I have a legal right to ask for it in an accessible form before I sign it. As a visually impaired person, uber is present in my life.
I hated it, it was the most inaccessible app for such a purpose, and the drivers really did not understand I can’t see what they see. I like just calling the depot, talking to a human, and booking a cab… But you can’t do that now either because when you call you wait on hold for 20 minutes while the automated message tells you about the taxi app.
So now unfortunately, uber is easier to book than a taxi, I don’t know if the ToS in the taxi app has any harmful stuff about arbitration because again, I’ve never been able to get a screen reader to read out the ToS properly on any app!
I feel like such a boomer, but I am really feeling more and more isolated as every service Abdi connection I’ve built my life around is moving online into a digital visual space faster than the affordable assustive technology can keep up with.
I’m expected to read something on a screen when I physically can not, uber and similar apps, including the app my local state government brought in during covid that now holds much only transit ID to show transit staff I’m blind (to get l transport assistance at train stations) all do this.
Once you open the wallet section of the app, for fraud prevention they disabled third party screen readers from reading anything on the app.
I have to open my app, then ask the other person to look through my wallet for me to find the card because I can’t, it’s such a privacy violation.
“This comment is way too long.”
presses Agree
I actually loved how Larian wrote the ToS for Baldurs Gate 3. It’s written as if it is a warlock pact.
It’s the first time I have actually read a ToS in years.
Cyberpunk 2077 was on to something about Corpos. This is just evil.
Not Cyberpunk 2077, but cyberpunk - the genre of science fiction.
CDPR didn’t invent it - it’s been a thing for many decades.
what the fuck… Really? Again?
“How many times do we have to teach you this lesson, old man!?”
This is fucked. But I have a question. Why does Uber need to bother relying on the daughter’s agreement with Uber Eats? Surely the parents as Uber ride share users already agreed to similar terms no? Is this their way of testing this in court to see how far they can push it and set a precedent?
I hope the state supreme court allows them to keep their right to a jury trial. It clearly states in our 7th amendment it is preserved for any case above $20 and that it will always be upheld. There is no alternative in the wording, it is so clearly written and if it is ignored I want to see all the judges bank account and donations because the constitution for jury trials are clearly written and cannot be told in any other way.
Hey sorry I’m dumb I can’t work out if there is a way to msg you or another mod direct. So here you can only post new articles right? I was just wondering if you knew of any other spaces or whatever they’re called. Another place like this but where you can just post about a topic to start a discussion?
Cheeeeeers in advance
Why does the law allow this? Where in from you can write whatever the fuck you want on a contract but it doesn’t make it legal. If the shit in the contract is insane , a court would just refuse to enforce it
Inb4 a few decades down the line “Father blocked from suing Amazon after their death squads gunned down his entire family for sharing his prime video account, say they agreed to Amazon terms”
Anarchists used to blow up corporate buildings for this shit when government failed to keep these sociopaths in line’
Corporations these days need more fear of behaving like this: Courts need to stop allowing this shit. Legislators need to ban these practices. Prosecutors need to sue these companies to force courts to rule on this bullshit.
For anyone needing this https://www.pandadoc.com/blog/how-to-terminate-contract
Uber was taking notes from Disney.
So they were in an Uber, and ordered food on Uber eats, then the Uber driver crashed? Did I read that right?
Months previously the daughter, who was a minor, had set up Uber Eats and just clicked through the terms of service because it’s not like you have a choice, plus she was a kid.
The parents were seriously injured in an Uber crash, but the court sided with Uber that they could NOT sue because those terms of service were legally binding for all Uber interactions
Not quite, the parents created an Uber Ride and Uber Eats accounts several years ago, agreeing to the ToS at that time.
Several months ago, uber updated the tos and pushed it out to users as a pop up agreement.
The daughter was monitoring the phone to watch the driver and pizza on the map when the pop up blocked the app, the daughter, being a minority who wanted her to pizza just hit “accept” to go back to the app to watch get pizza.
Several months later, the parents hooked an uber ride, where the driver crashes and injured the parent’s.
Uber is claiming that because the daughter agreed to the ToS, the new ToS is valid.
The parents only ever had the opportunity to read the original ToS, which also has a similar arbitration clause, which is why the lawyer is saying the daughters pizza situation was mooting. But the two ToS are different because one is an updated version of the other.
I’m surprised we don’t hear more about judges getting shanked for their shit reasoning.
Uber are pulling the same shit as Disney.
Apparently if you have ever ever ever accepted a Disney + account, and you have a family member die in a restaurant that is owned by Disney or dies in the theme park, you can’t sue Disney
And this is Uber doing the same thing. Uber driver crashed into a vehicle and because the woman in the car they crashed into had ordered something on Uber eats once upon a time when she was on her moms account she cannot sue an Uber driver ever.
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Unless the driver wasn’t insured properly, Taxis cover your bodily injuries in an accident. They should have no medical bills associated with it, and the article is kinda vague on that. If anything they should be taking this up with the insurance company. Unless the driver wasn’t insured properly, and Uber didn’t do their diligence then yeah it’s on Uber.
This seems like these people are trying to sue for more than that though?
Do i believe that Uber is being shady trying to pull some garbage about a separate TOS, yeah that’s shady. They should take it to the next level of appellate courts, which I believe would be the Supreme Court now.
Though this isn’t apples to apples of the Disney thing.
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