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Subscription website terms and conditions

Subscription-based access to information, resources and tools is an common model for web-based businesses. For the services provider, subscriptions provide a predictable income stream; for the customer, subscriptions allow service access with low up-front costs. If the service is not what the customer expects or needs, then the subscription can simply be cancelled.

The key features of a web-based subscription service are: (i) service periods, typically monthly or yearly; (ii) corresponding periodic charges; and (iii) rights for the services provider to develop and change the service over time.

These terms and conditions include two sets of provisions. First, provisions covering all website users, whether or not they are subscribers. Second, special provisions for subscribers.

The former include clauses covering copyright, the use and misuse of the website, user accounts, user-generated content and liability. The latter include clauses covering the contracting process, subscription benefits, subscription termination, subscription fees and distance selling cancellation rights (which apply to B2C contracts but not B2B contracts).

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Subscription website terms and conditions contents

  1. Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age.
  2. Copyright notice: UCC copyright notice; ownership of rights in website.
  3. Permission to use website: licence to use website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use website; redistributable content; suspension or restriction of access to website.
  4. Misuse of website: acceptable use: prohibitions; using contact details prohibited; veracity of information supplied.
  5. Use on behalf of organisation: use on behalf of another.
  6. Registration and accounts: account eligibility; account registration process; no other person permitted to use account; notify on misuse of account; use of another's account.
  7. User login details: provision of login details; user ID rules and impersonation; password to be kept confidential; notify on disclosure of password; responsibility for password loss.
  8. Cancellation and suspension of account: rights of operator over account with paid services (B2C or mixed); cancellation of website account with paid services by user.
  9. Subscriptions: initiating subscription; input error correction and identification; subscription benefits; variation of subscription benefits; end of subscription period.
  10. Fees: fees specified on website; amounts inclusive or exclusive of VAT; payment of fees; variation of fees; disputed payments; unjustified charge-backs; unpaid fees: withdrawal of services; right of set off.
  11. Distance contracts: cancellation right: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
  12. Our rights to use your content: definition of user content; licence of user content; sub-licensing of user content; right to bring proceedings in respect of user content; waiver of moral rights in user content; user may edit own content; delete etc user content on breach.
  13. Rules about your content: user content warranty; no unlawful user content; user content rules.
  14. Report abuse: request to report abuse; how to report abuse.
  15. Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to website.
  16. Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for free information or services; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
  17. Indemnity: indemnity from website users.
  18. Breaches of these
    terms and conditions
    :
    consequences of breach; non circumvention of measures upon breach.
  19. Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
  20. Trade marks: trade mark ownership; third party trade marks on website.
  21. Variation: document may be revised; variation of website document: unregistered users; variation of website document: consumers.
  22. Assignment: assignment by first party (with consumer rights); assignment by second party.
  23. Severability: severability of whole; severability of parts.
  24. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  25. Entire agreement: entire agreement - use of website.
  26. Law and jurisdiction: governing law; jurisdiction.
  27. Statutory and regulatory disclosures: copy of document not filed; language of document; ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; ecommerce regulations: professionals; ecommerce regulations: code of conduct; value added tax number.
  28. Our details: website operator name; company registration details; place of business; contact information.
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