The Ministry of Digital Development should look into Shopee Taiwan Private Ltd for increasing its shipping prices while benefiting from clauses in its liability disclaimer and terms of service, the Economic Democratic Union said yesterday.
Economic Democratic Union researcher Ou Hsu-shao (歐栩韶) said that the think tank in March pored over Shopee Taiwan’s terms of service, with Article 22 sparking concern.
The article says that Shopee “does not guarantee that this service, the Web site and its functions can be saved or loaded, nor does it guarantee accessibility via the Internet, for real-time provision of services.”
Photo: Tien Yu-hua, Taipei Times
It “does not guarantee the reliability and accuracy of this service, nor guarantee that it will be entirely error-free,” it says. The company “cannot guarantee that the Web site or its services will be free of viruses or other malicious coding.”
Article 22-3 says that users “recognize that, to the greatest extent of the law ... they are accept all responsibility for such risks when using the service or the Web site.”
The clauses contravene Item 13 of the Ministry of Economic Affairs’ Regulations on Contents for Standard Contracts for Internet-based Transaction (零售業等網路交易定型化契約應記載及不得記載事項), Ou said, adding that the Economic Democratic Union has notified authorities of the issue.
Item 13 says that business operators must ensure that their computer systems for transactions with consumers have security that meets generally reasonable expectations.
The Taipei Office of Commerce on March 28 sent Shopee Taiwan an official notice that said its terms of service contravened item 13 and citing provisions of the Consumer Protection Act (消費者保護法) ordered the company to prepare a report on how it would ensure that improvements are implemented.
However, while Shopee amended Article 22-1 of its terms of service to say it ensures that its system meets the reasonable safety standard, it still has to change wording elsewhere in the article, Ou said.
The authorities should determine whether articles 22-2 and 22-3 comply with the regulations, she said, adding that Minister of Digital Development Audrey Tang (唐鳳) should act.
The ministry said that it has ordered Shopee Taiwan to issue a response and is looking into the legality of its disclaimer clauses.
If the clauses are found to be illegal, the company would be required to change the wording, it said.
Shopee said that it would comply with instructions from the government.
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