Consumer Rights Act 2022

Obligations of consumer in event of termination of digital content contract or digital service contract

66. (1) Subject to section 65 (4)(a), this section applies where a consumer has the right under section 50 (2), 60 (1) or (2), 62 (2)(b) or 64 (3) to terminate a digital content contract or digital service contract.

(2) The consumer shall exercise the right to terminate a digital content contract or digital service contract by means of a statement to the trader expressing the decision to terminate the contract.

(3) On and after the termination of the digital content contract or digital service contract, the consumer shall not use the digital content or digital service or make it available to any third person.

(4) Where the digital content was supplied on a tangible medium, the consumer shall, on receipt of a request from the trader under section 67 (3), return the tangible medium to the trader without undue delay.

(5) The consumer shall not be liable to pay for any use made of the digital content or digital service in the period prior to the termination of the digital content contract or digital service contract during which the digital content or the digital service was not in conformity with the contract.

(6) If a consumer fails to comply with an obligation imposed by subsection (3) or (4), he or she shall be liable in damages for any loss or damage suffered by the trader as a result of the failure.

(7) The consumer’s liability in damages under subsection (6) shall be without prejudice to any other remedy available under any enactment or rule of law to the trader.