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Jennifer Smyth
September 8, 2009
scam on terms and conditions
I've just been reading the various posts here regarding the scam by viv3 to charge "free trial" subscribers credit cards every 30 days if the 'subscription' is not cancelled by telephone. This has prompted me to consider the technicalities under which this 'agreement' must surely be broken? When subscribing to or purchasing any product online, the 'terms and conditions' are prompted in an information box whereby the subscriber/purchaser must agree to accept those conditions before proceeding with the purchase. This has not been the case for viv3 which means those who availed of the free trial did so in good faith and were never given the option to accept their terms and conditions - one being that they will not refund customers who seek a refund in "bad faith". Therefore, surely since in bad faith they declined to give those free trial subscribers the opportunity to accept terms and conditions, they must provide a refund in good faith? I will be cancelling my subscription by telephone first thing tomorrow and if they have charged my credit card, I will be pursuing a refund under the technicality that I never ticked any boxes to agree to their terms and conditions of purchase in the first place.
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