[LINK] Google Asia Pacific (Singapore) taking over Australian AdWords customers from Google Ireland

Roger Clarke Roger.Clarke at xamax.com.au
Tue Apr 5 12:51:20 AEST 2011


At 11:39 +1000 5/4/11, Philip Argy wrote:
>Australian AdWords customers received the following email this morning:
>We'll notify you when your account and your agreement with Google Ireland
>Limited are transferred to Google Asia Pacific Pte. Ltd.
>The first time you sign into your account after it's upgraded, you'll be
>asked to enter into new Terms and Conditions with Google Asia Pacific Pte.
>Ltd. If you don't want to accept the contract with Google Asia Pacific Pte.
>Ltd., you can decline the Terms and Conditions and cancel the account.
>Thank you for your patience during this change. If you have any questions,
>please read the FAQs
>(http://adwords.google.com/support/aw/bin/answer.py?hl=en
>http://adwords.google.com/support/aw/bin/answer.py?hl=en&answer=1235639

Questions that come to mind include:


1.  Period of Notice

No mention is made of a period of notice.

1a.  Is a period of notice of change in Terms specified, or implied
      in the current Terms?

1b.  Does Australian law impose a condition in relation to a period of
      notice of change of Terms?

1c.  If either is the case, when would that period of notice indicate
      is the earliest that a notice received on Tue 5 Apr could be
      implemented?


2.  Notice of Changes in Terms
No explanation is provided of the differences between old and new Terms.
And the FAQ appears to offer no explanation nor a pointer to one:
http://adwords.google.com/support/aw/bin/answer.py?hl=en&answer=1235639
(although of course seomthing might be buried in blogs or videos somewhere).

2a.  Is there an obligation in the current Terms to communicate
      specifically what changes are being made in the Terms, or is
      such an obligation implied?

2b.  Does Australian law impose a condition in relation to the
      specificity of a notice of change in Terms?


3.  Enforceability

3a. If any legal obligation exists in relation to either of those
     factors, is there a regulator that has the power, the resources and
     the willingness to make contact with Google and communicate that
     it is not merely behaving arrogantly, but at least in a manner
     inconsistent with Australian law, and possibly illegally?

3b. Does any Australian individual or corporate entity that is being
     treated in this way have the intestinal fortitude to stand up and
     communicate with Google Australia on the matter?  (Alright, maybe
     this last one is rhetorical.  The others aren't)


     Mr Iarla Flynn
     Google
     Public Policy & Government Affairs for Australia and New Zealand
     iflynn at google.com
     +61 (0)2 9374 4172


(The answers may of course vary depending on whether the subscriber 
is a consumer as we generally use that term;  or a consumer as the 
Howard regime treated it and I think the post-Howard Labor Government 
still does, i.e. including micro and small business enterprises, and 
presumably also small not-for-profits;  or a larger business 
enterprise or not-for-profit).

(I'm asking these questions because of my personal interest in the 
area, as consultant, researcher and advocate, and not in any of my 
roles with corporations, universities and associations).


-- 
Roger Clarke                                 http://www.rogerclarke.com/

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW
Visiting Professor in Computer Science    Australian National University



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