Is the 14 day cooling-off period applicable for association memberships?

We are a not-for-profit organisation and are planning to offer memberships.

The membership benefits would include access to industry updates, jobs, resources, contacts and a private forum. A member can fill in an online form and pay online/set up direct debit for a 12 month subscription to get access to this member environment following a quick validation.

Can they change their mind within the 14 days cooling offperiod and cancel the subscription? And will it be legitimate in our case to defend that (see below). I have read the current consumer contracts and cancellation laws but unclear with its implications in our case. 

The reason for the query is that we have invested time, effort and money to accumulate information and contacts that we want members to benefit from but do not want someone to take it away with them for free by gaining access to the membership area and then cancelling the membership within a few days.

Thank you.

Claire Hopkins

49 viewsconsumer law

Alasdair Taylor's Answer

In legal terms, this is likely to be treated a service (rather than a digital product), and – in relation to B2C contracts entered into at a distance – the services provisions of the Consumer Contracts Regulations will apply (in the UK):

http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made

 Under Reg 36(4), however, the customer can be required to pay a proportional amount for the service:

http://www.legislation.gov.uk/uksi/2013/3134/regulation/36/made

See our subscriptions website T&Cs template for some appropriate text:

https://docular.net/documents/template/26/subscription-website-terms-and-conditions

NB If the service is provided B2B, these Regs do not apply. 

Ask a question

Question in one sentence
Select a topic that best fits your question.

Search questions

Disclaimer

Using this legal Q&A, users can get guidance on business-related legal questions from our legal experts.

The guidance is not legal advice; no lawyer-client or similar relationship is created by the Q&A.

By using the Q&A, you agree to the limitations and exclusions of liability set out in our terms and conditions.

SEQ Legal
Copyright © 2021 Docular Limited All rights reserved