If you work with lawyers who have no idea of the web…

by kai on 06/12/2006

New Zealand has a new online micropayment system – Pago. Currently Pago is some sort the target of a lot of interesting discussions down here.

Disclaimer: Please note that I have not been to the Pago website myself. I got all the information from an anonymous colleague of mine who has been to their website apparently. Additionally a lot of that was mentioned on the NZ 2.0 google group and this week’s Computerworld magazine.

Apparently the system works pretty similar to Paypal. Well, the security measures could be a bit tighter, as it’s pretty much hooked to ones mobile phone number and SIM card. But anyway – they’re getting there.

Very interesting and the reason for this post is a part of their “PAGO INTERNET ACCESS TERMS” as I’ve been told – rembember I’ve never been to their website or even loaded the fancy Flash intro (including a skip intro button after what I’ve been told). Part of those terms is apparently a clause:

Hypertext Linking
Under no circumstances are you to create a hyperlink to any of the pages on the Pago Site, unless Pago provides you with our prior consent to do so. If you do create a link to any of the pages on the Pago site, you acknowledge that you are responsible for all direct or indirect consequences of the link, and you indemnify Pago for all loss, damage, liability, costs or expense arising from or in connection with the link.

Interesting, people who use the Pago site (again, which I haven’t and would not do in the future – that’s why I’m allowed to link to Pago all over this post) are not allowed to link to any of their pages. Well, interesting.

Besides the fact that I don’t think that this clause would be governed by any law – neither in NZ nor in other civilized countries I know of (it’s in your imagination what those comprise) – I wonder how they expect people (online shops or other people selling services via the web in NZ) use they payment service: “Please copy and paste www.pago.co.nz in the URL bar of your browser” ??? Seriously dudes – get a lawyer that has some idea of how the web works!

Christian December 6, 2006 at 12:00 am

I could not believe and clicked the link. Everything you stated is true 😉
How strange must you be to write down such a thing? Perhaps the lawyer worked at a music company and liked the digital rights idea that is as strange as this. I heared that the next Windows Vista will be so restricted that you will get problems with every music that you want to ripp by yourself because these programs should not work any longer… Perhaps every Pago link in IE will not work for the same reason then. 😉


AgentK December 6, 2006 at 12:00 am

It is good that you haven’t linked to their site in your comment. Because after you have been to their site now that wouldn’t be allowed, remember!!! 😉

nate December 6, 2006 at 12:00 am

I accidentally clicked the link – I hope you don’t get contacted by their legal department.

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