OpenLegislation

Article 8 Meaning of “subscription service”

Original text. Later amendments are not shown.

(1)

In this Order, a “subscription service” means a service mentioned in paragraph (2) provided by means other than a call and to which either paragraph (3) or (4) (or both) applies.

(2)

The services are—

(a)

a children’s service,

(b)

a professional advice service,

(c)

a recurring donation service,

(d)

a sexual content service,

(e)

a society lottery service, or

(f)

any other threshold service, except—

(i)

a competition or voting service,

(ii)

a remote gambling service, or

(iii)

a virtual chat service.

(3)

This paragraph applies where—

(a)

the provision of content, or the making available of a facility, to a consumer will be on a continuing basis for a specified or indefinite period under a subscription contract, and

(b)

the consumer will automatically incur a charge, or recurring charges, for the matters mentioned in sub-paragraph (a).

(4)

This paragraph applies where—

(a)

the provision of content, or the making available of a facility, to a consumer will be free of charge, or at a charge specified in a subscription contract, for a specified period in the contract, and

(b)

the consumer will become automatically liable for a charge after that period (including where the merchant has an option to impose a charge or a higher charge after the end of the period).

(5)

In this article—

  • “children’s service” has the meaning given in article 23(2);

  • “competition or voting service” has the meaning given in article 41(1);

  • “professional advice service” has the meaning given in article 51(3);

  • “recurring donation service” has the meaning given in article 28(6);

  • “remote gambling service” has the meaning given in article 52(4);

  • “society lottery service” has the meaning given in article 53(4);

  • “subscription contract” means a contract under which a merchant provides, or agrees to provide, a subscription service to a consumer and the consumer pays, or agrees to pay, the charge to be imposed for the provision of that service;

  • “virtual chat service” has the meaning given in article 31(5).