terms-of-service australia consumer-protection
Is it lawful for a company to refuse a refund of a cancelled subscription service?
<p>A couple of days ago, I was billed for my yearly Playstation Plus subscription service.</p>

<p>I wasn't notified ahead of time that it was due to renewal and so I could no cancel.</p>

<p>I cancelled immediately afterwards and requested a refund. I was denied because their T&amp;Cs say there is no cooling off period for renewals.</p>

<p>Is this legal on their behalf? I will be pursuing it but it would be good to know what exactly my rights as a consumer are.</p>

<p>Their auto-renewal of subscriptions and no refund policy is legal; it's clearly outlined in the contract you enter into by using the service. The TOS is at <a href="https://www.playstation.com/en-us/network/legal/terms-of-service/" rel="nofollow noreferrer">https://www.playstation.com/en-us/network/legal/terms-of-service/</a> and outlines the policy. <em>(the ALL CAPS are not mine; that's verbatim from the TOS)</em> :</p>

<blockquote>
  <p>If you no longer wish to receive your subscription, you must cancel
  your subscription by using Account management or contacting customer
  service at www.playstation.com/support or the address located at the
  end of this agreement. Cancellation will take effect at the beginning
  of the next subscription term.</p>
  
  <p>EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, UPON CANCELLATION OF
  YOUR SUBSCRIPTION OR TERMINATION OF THE MASTER ACCOUNT OR SUB ACCOUNT,
  YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY SUBSCRIPTIONS FOR
  WHICH YOU HAVE PAID.</p>
</blockquote>

<p>When you subscribe the first time, or use a free trial offer, you click through and accept the TOS. Clicking through is a legal contract. See <a href="https://law.stackexchange.com/questions/13549/are-terms-of-service-legal-contracts/13571#13571">Are terms of service legal contracts?</a></p>

<p>It's their legal right to include those terms in a TOS, and their right to require you to accept the TOS; it's your right to refuse to accept the terms, but that also means you can't pay for and use their service.</p>

<p>That said, in AU you may have different rights as a consumer, including a mandatory "cooling off" period. See <a href="http://www.australia.gov.au/information-and-services/business-and-industry/consumer-rights" rel="nofollow noreferrer">http://www.australia.gov.au/information-and-services/business-and-industry/consumer-rights</a> Someone with more experience in AU law can weigh in.</p>
