I think you're being perfectly clear David, but I don't agree with your premise that anyone is asking for charity. Unlike other platforms, such as Windows, we buy the apps through Apple's App Store, we don't purchase them directly from the developer. In the past, Apple has made it difficult for app developers to provide trials or demos of their software, so Apple is hindering our ability to check out the accessibility of apps before purchasing them. I know sighted customers also take a risk that an app they pay for may not meet there needs, but as blind consumers, we have far less information available to us through the App Store as to whether an app will be accessible and be able to be used by us. I don't see recognizing these facts and asking Apple to help with this issue is asking for charity.

I agree with shouldn't ask for charity, but I also believe we should demand accessibility. I agree it won't be possible for some apps to be accessible, but it wasn't very long ago that people assumed the touch screen interface itself was something that could never be made accessible. I don't think asking for an accessible smart phone is asking for charity, and I don't think working with Apple to ensure we have access to accessible apps, especially when Apple's own ecosystem hinders the availability of demos and trials, is asking for charity.

On 09/12/2013 06:50 AM, David Chittenden wrote:
Please let me be perfectly and unambiguously clear in my statement. Thanks to 
Apple placing VoiceOver in all of their consumer computer devices, we blind 
people have accessibility for no extra charge above what anyone else pays. This 
is a first for us blind people. And, we are not charity people for Apple. So, 
what do we do? We insist that Apple treat us differently than everyone else. We 
insist that Apple treat us as a charity population. Within the past day, a 
person sent an email to Apple saying that, because we are blind, Apple should 
give us a 30% discount on apps. That is requesting charity, and only because we 
are blind.

Unlike many, I prefer to be thought of as an independent consumer, not a 
charity case. Apple meets Apple's internal commitment by making VO, and by 
placing accessibility within easy reach for app developers. Apple does not need 
to go any further, and any further that they do go should not be in direction 
of us being charity.

I have never had another platform where the odds are that the software I 
purchase will be accessible rather than will not be accessible. Apple started 
it, and Google is continuing the trend.

David Chittenden, MSc, MRCAA
Email: dchitten...@gmail.com
Mobile: +64 21 2288 288
Sent from my iPhone

On 12/09/2013, at 23:24, Joseph FreeTech <joseph.freet...@gmail.com> wrote:

David,

I agree to some extent with your sentiments, but unfortunately we are not
the same population as the sighted population, but you don't have to tell
Apple that, since they created VoiceOver based on this fact. In other words,
they of all people know our needs are different.

I think the issue with the proper implementation of refunds due to
inaccessible apps was an oversight on Apple's behalf when it came to
properly instructing their customer service agents. Granted it's a huge
oversight but one nonetheless.

You will "always" have people gaining the system, so it isn't fair to punish
the entire population because of the actions of the few.

By the way, like you, I've never asked for a refund as I feel wasting hours
of my day in frustration amounts to many orders of magnitude the price of
the app. That is, I'm not going to waste 3 hours of my time, effort, and
frustration for a $1 or $2 app. I would actually feel very embarrassed
taking the time out to compose an email message requesting the reimbursement
of 4 quarters. <Smile>.

Joseph

----- Original Message -----
From: "David Chittenden" <dchitten...@gmail.com>
To: <viphone@googlegroups.com>
Sent: Thursday, September 12, 2013 4:05 AM
Subject: Re: Apple App Store & Refunds for inaccessible Apps


Here is my problem with all this stuff around accessibility of apps. Apple
clearly states in their documentation for those who are not blind, that all
sales are final. People on this list argue that sighted persons can look at
the, up to five, screen shots to ascertain if the app will work for them.
Get real, folks, five pictures does not tell a person how well an app works.
Five pictures only tells a person if they will find the lay-out of five
appearances of app screens to be acceptable. I have read many reviews of
apps where the reviewer comments that the app is a waste of money and the
reviewer wishes he/she did not waste the money on the app. And, this is the
case no matter how expensive the app is.

So, basically, what I interpret people to be saying is, we are special. We
require charity. We do not wish to be treated like everybody else.

For example, and the reason I am so specific about this, and the reason I
have never, and will never, unless Apple changes its general policy, ask for
an app refund is, a couple months after DigitEyes was placed for sale on the
App Store, a person on this list at that time could not figure out how to
get DigitEyes to work for himself/herself, so the person told Apple that
DigitEyes was not accessible and received a refund. DigitEyes was
specifically developed to be accessible. It just was not useable for that
person for whatever reason. Therefore, the person flagrantly and completely
abused Apple's charity refund policy for us poor, helpless, blind folk.

David Chittenden, MSc, MRCAA
Email: dchitten...@gmail.com
Mobile: +64 21 2288 288
Sent from my iPhone

On 12/09/2013, at 22:10, Joanne Chua <shuang.an...@gmail.com> wrote:

If blind and vips people insist that if an app is not accessible with
voiceover, we have the rights to refun/return the apps deal to
inaccessibility within the apps. Now, i have a question and a thought, if
a developer specificly develop apps for voiceover and does not have other
way of accessing the apps but voiceover, can an ordinary non-voiceover
user refun the app with the condition that is being too accessible for the
minority, but inaccessible for the other people?
Of course, this is just a point of arguement, it does not involve any of
the app development policy or anything or such. Just looking at things in
different angle..


Joanne Chua
The flip side of Inclusion is Exclusion.
Leaders For Tomorrow 2013 Candidate
Send from my iPad

On 12/09/2013, at 19:13, Joseph FreeTech <joseph.freet...@gmail.com>
wrote:

So this 90-day policy has "always" been the case, right? Nothing has been
changed nor lawsuits nor petitions been used to force compliance by
Apple,
right?

As a general statement conveying my own personal opinion, this incident
is
more proof for the value of asking questions and educating oneself rather
than starting long, expensive legal wars. <Smile>.

I would now ask for a link to a "terms of agreement" webpage on the
matter
of accessibility, which we can all point to when the issue of refunds for
inaccessible apps pops up. This will serve to educate ourselves and to
educate the next Apple customer service employee who doesn't clearly
understand the apple refund policy. We would be in a much better place to
present a good case if we can provide customer service with the link
specifying our rights as Apple customers.

Glad all came to a friendly close... for now. <Smile>.

Joseph

----- Original Message -----
From: "Neil Barnfather - TalkNav" <for...@talknav.com>
To: <viphone@googlegroups.com>
Sent: Thursday, September 12, 2013 1:58 AM
Subject: Re: Apple App Store & Refunds for inaccessible Apps


Patrick,

I, like David, have now heard from Apple's Accessibility team that
refunds
for none accessible apps will be granted within a 90 day window, and that
this is Apple's policy on this matter. They had no explanation or apology
as
to why it had been ignored or not followed by what they termed as five
separate members of the iTunes Team being involved, but, never the less
I've
now got my refund and have an e-mail from Accessibility with the policy
clearly spelled out.

As such, I'm a happy bunny again and hopefully Apple's Accessibility team
might take me up on my suggestion that they round robin e-mail all iTunes
support staff informing them of the policy again!

Thanks to all who've participated in this conversation.



Regards,

Neil Barnfather

Talks List Administrator
Twitter @neilbarnfather

TalkNav is a Nuance, Code Factory and Sendero dealer, as well as an Apple
iOS, Macintosh and Android accessibility specialist. For all your
accessible phone, PDA and GPS related enquiries visit www.talknav.com

URL: - www.talknav.com
e-mail: - serv...@talknav.com
Phone: - +44  844 999 4199

On 12 Sep 2013, at 04:40, Patrick Neazer <vantagepoint1...@gmail.com>
wrote:

Hello Neil and all:

Thank you so much for your presentation of your position. It is clear
and
well thought out.

As an iPhone user attempting to find my way through this maze I must
weigh
what you have so skillfully articulated alongside what seemingly seems
to
be Apple's position … Apple states:


Hello,

Thank you for your email. The iTunes Store policy regarding app refunds
for inaccessibile apps has not changed. The Store will provide refunds
as
long as they fall within the 90 day refund window (as is standard with
any
iTunes Store refund.) Please ensure that any refund you request is made
in
a timely manner as we cannot grant exceptions to the 90 day policy.

Apple Accessibility.

So, my dilemma persists. Apple seems to have a policy as stated by the
people to whom we are asked to write. and yet, seemingly, there is a
disconnect. Is there a problem with the 90 day window? Is the answer
possibly what was suggested earlier that the standard method by which to
receive these refunds is online and not over the phone? is that what is
potentially causing the log jam?

As I have stated earlier, and will say again, I have no pre rehearsed
answer to any of these questions. however, I think if these questions
are
taken seriously two things will be the natural result:

1. a transparent answer will be arrived at without needing to appeal to
personalities. Principle should govern the discussion and that means
establishing for anyone who is faced with such an occurrence of needing
a
refund what the actual rules are and how they impact everyone
proportionately.

2. And understanding of what is and what is not happening so
constructive
solutions to existing reality can be offered.

I did not mention him by name earlier though I will now … Tyler made a
suggestion which I believed is based in principle from the perspective
of
the developers … making Apple's documentation easier to use. That is a
universal strategy which has been embraced by many communities and can
be
measured.

I know that the response I received from accessibility was not only sent
to my inbox. does anyone have any experience to share here that might
shed
more light upon the topic? the security of knowing that the world's
leading accessibility company is both responsive and collaborative is
always a fruitful topic for conversation and a fantastic catalyst for
action.

The purchasing of apps is a topic close to all of us. Thank you from
here
to all whom have participated and offered their best efforts.

Take good care and I wish you enough.
On Sep 11, 2013, at 6:05 PM, Neil Barnfather - TalkNav
<for...@talknav.com> wrote:

Patrick,

As it was I whom started the thread I shall answer as follows…

Apple's official online policy for App Store purchases is that once
completed they are none refundable and all purchases are final.

There are no exemptions listed and its pretty much a catch all, once
you've pressed buy, entered your password and pressed OK, you're done,
that's it, no money back and importantly especially for Voice Over
users,
no guarantee…

What I am lobbying for, and the call to arms if you will, is for us
together as a community to tell Apple that this policy puts our
community
uniquely at a disadvantage.

We cannot look at the screen shots, almost never is there a review by a
Voice Over user pointing out whether or not the app is accessible or
not,
where there is, how would you find that single review amongst many
others… Often App developers are unaware of our needs, the tools Apple
provide to resolve those and link up with their accessibility API's
which
provide features like Voice Over to operate.

Apple themselves make no effort to point these features out to
developers, they do not screen apps submitted to them for compliance,
they offer no incentive to, or not to, comply with their standards, and
finally, they offer us the user no way of simply flagging an app in an
easy to follow and find manner that an app has been certified by our
community as functional.

Given all of the above, I believe it right and proper that Apple accept
that occasionally we will purchase an app and it will not function as
intended by the developer for us, and as such, we aught to be entitled
to
our money back.

That's it, in a nut shell, no bells, no whistles, no credibility check,
plain simple language that I hope covers my specific grievance in one.

Whilst some have pointed out is all this necessary for the odd dollar
here and there, I suppose it comes down to how many apps you buy and at
what cost they are.

I personally buy 5 or so a week, granted most of these are low cost,
but
the app that specifically caused me to write to them was £35 about
US$50.
and I consider this worthy of my money back.

This aside, no-one should be made to pay money for something they
cannot
use, no matter the amount.

Hope that this clears things up



Regards,

Neil Barnfather

Talks List Administrator
Twitter @neilbarnfather

TalkNav is a Nuance, Code Factory and Sendero dealer, as well as an
Apple
iOS, Macintosh and Android accessibility specialist. For all your
accessible phone, PDA and GPS related enquiries visit www.talknav.com

URL: - www.talknav.com
e-mail: - serv...@talknav.com
Phone: - +44  844 999 4199

On 11 Sep 2013, at 20:11, Patrick Neazer <vantagepoint1...@gmail.com>
wrote:

Hello Neil, Joseph, and all:

I have been following this thread since its inception and I must
confess
I am a bit confused by the arc of the conversation. It began with a
judgement pertaining to a policy which may or may not exist addressing
the refund of money for app purchases. then, a turn was taken to
patronizing activity or not. then there was an appeal to the
upstanding
credentials of an individual and then … well … I lost the trail.

I am not attempting to take sides or a stand. I am truly attempting to
understand what is actually occurring and what the call to action is.
so, in an attempt to clarify my obvious unclear view here is my
question … does Apple have a stated policy or procedure which is
clearly
stated and viewable by the public governing refunds for app purchases
and does there policy outline any unique exemptions based on pick the
criteria of choice? If that information could be presented as quickly
as
links to write to apple requesting policy changes and adaptations to
business practices that would go a long way I believe to clearing up
my
apparent confusion and sharpening the discussion in the minds of other
members of the community who may be experiencing the same confusion I
am
experiencing. Of course, I may be the only one confused and if so,
anyone reading this whom has been following the thread is free to
disregard anything written above.

Thank you to anyone who reads this and responds in a constructive
manner
and high fives to all those who take up the mantle of improving the
tools which make the lives of persons with disabilities easier to
navigate.

Take good care and I wish you enough.

Patrick
On Sep 11, 2013, at 1:46 PM, Joseph FreeTech
<joseph.freet...@gmail.com>
wrote:

Well, the suggestion I posted has nothing to do with you personally.
<Smile>. it's a general, unbiased suggestion, and had anyone else
made
it, I
would have suggested the same thing. It was another lister who turned
this
into a bit of an ad hominem discussion.

Joseph

----- Original Message -----
From: "Neil Barnfather - TalkNav" <for...@talknav.com>
To: <viphone@googlegroups.com>
Sent: Wednesday, September 11, 2013 11:22 AM
Subject: Re: Apple App Store & Refunds for inaccessible Apps


Joseph,

As Sieghard has said, I'm not one for such things, and have been a
positive
advocate of our community online and off line for many, many years
now…
I
would recommend that you check out my web-site; neilbarnfather.com
for
some
information and this might explain a little more about myself and my
work.





Regards,

Neil Barnfather

Talks List Administrator
Twitter @neilbarnfather

TalkNav is a Nuance, Code Factory and Sendero dealer, as well as an
Apple
iOS, Macintosh and Android accessibility specialist. For all your
accessible phone, PDA and GPS related enquiries visit www.talknav.com

URL: - www.talknav.com
e-mail: - serv...@talknav.com
Phone: - +44  844 999 4199

On 11 Sep 2013, at 17:13, Joseph FreeTech <joseph.freet...@gmail.com>
wrote:

Very smart suggestion. Let's say we all jump on this bandwagon (once
again),
and in the end we discover that whoever the original person this
happened
to
was very nasty and demanding to the Apple customer service
employees;
hence
the poor service. We're all going to be very embarrassed and not
likely to
take this issue up again in the future. We first need proof of a
pattern
of
poor service and not just some single person's complaint.

Joseph

----- Original Message -----
From: "Lisa belville" <missktlab1...@frontier.com>
To: <viphone@googlegroups.com>
Sent: Wednesday, September 11, 2013 7:59 AM
Subject: Re: Apple App Store & Refunds for inaccessible Apps


Hi.  Is there any way you could share a letter showing how the Apple
people
were patronizing/unhelpful in this regard?  I understand the
frustration
of
not getting a refund for something inaccessible and how a clueless
rep
makes
this all the more annoying, but IMO there's a difference between
politely/patiently conveying a policy and being patronizing.
Obviously,
you
can take out any names in this letter, but it would be good to see
an
example of this attitude.  Could it possibly be this particular
rep's
issue
and not necessarily one of Apple itself?  I'm referring to the
patronizing/unsympathetic attitude and not the policy itself.

Lisa



There is a fine line between genius and insanity and that difference
is a
paycheck!
Lisa Belville
missktlab1...@frontier.com

----- Original Message -----
From: "Neil Barnfather - TalkNav" <for...@talknav.com>
To: <macvisionar...@googlegroups.com>; <viphone@googlegroups.com>;
"The
Accessible Phones Discussion List" <blindpho...@mosenexplosion.com>
Sent: Wednesday, September 11, 2013 8:58 AM
Subject: Apple App Store & Refunds for inaccessible Apps


The below should prove a concern to all Apple accessibility feature
users,
and I would urge as many of you who can do so, to please write to
Apple
yourselves to express your concern along the same lines where
possible…
(accessibil...@apple.com).

For years now Apple has led the way in accessibility standards and
application of methods in interacting with all of its product range.
Internationally within many disability arenas Apple is celebrated as
the
defacto standard and is widely acknowledged as users preferred
platform
for
persons with accessibility issues.

Whether or not the App Store had an unofficial policy towards
customers
with
accessibility needs or not, is unknown to me. What I am aware of is
that
where I've bought Apps which turn out not to be accessible, Apple
App
Store
has always been prompt to refund the purchase immediately without
question.

Since Apple do not enforce accessibility standards, nor in anyway
whatsoever
offer a method of a disabled user to know whether or not an App is,
or
is
not, accessible in advance of purchase, this seemed to be a most
reasonable
compromise.

However, in correspondence over the past week with Apple iTunes
support
staff via e-mail in relation to an App I have purchased which is
inaccessible, Apple's stance has been both surprising and frankly
highly
dismissive of our needs and vulnerability when using Apple's App
Store.

I have been point blank refused a refund upon this occasion, with
staff
suggesting that I could leave a review for the App which others
could
read,
and or write to the developer. Whilst I understand that the second
suggestion may illicit a positive response, and sometimes it does…
In
many
instances developers haven't even heard of Voice Over let alone
understand
what it does and how they aught to address compliance with Apple's
Accessibility API's.

Of course, the best approach would be for Apple to make compliance
with
its
Accessibility API's a requirement for all new Apps being approved to
the
App
Store, indeed a range of other options would also work, such as; a
discount
on the 30% cut that Apple takes for compliant Apps, a penalty higher
fee
(35% etc) for those that do not comply and perhaps indicating with a
marker
in the App store which Apps do meet the requirements.

Since Apple do none of these, despite so publicly professing to up
holding
and supporting some of the most well implemented accessibility
innovation
and support seen in the industry, it seemed like a fair compromise
that
Apple voluntarily and without complication offered a refund to
customers
who
had accessibility needs where an App proved to be inaccessible.

The situation now, though is that Apple is refusing in an
uncompromising
and
frankly shocking way to refund such purchases, with patronising and
unsympathetic suggestions as to how we, as blind users, go about
reviewing
Apps etc.

I would ask that Apple firstly developed a robust policy in this
regard,
and
secondly, reviews options as to improving the compliance uptake of
developers within their iOS and Mac App Stores.

So that I  can convey your response to the ViPhone, Macvisionaries
and
other
Apple Accessibility user forums promptly, I would sincerely
appreciate
your
earliest feedback and response on this issue.

Yours kindly.

Regards,

Neil Barnfather

http://www.NeilBarnfather.com




Regards,

Neil Barnfather

Talks List Administrator
Twitter @neilbarnfather

TalkNav is a Nuance, Code Factory and Sendero dealer, as well as an
Apple
iOS, Macintosh and Android accessibility specialist. For all your
accessible phone, PDA and GPS related enquiries visit
www.talknav.com

URL: - www.talknav.com
e-mail: - serv...@talknav.com
Phone: - +44  844 999 4199

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