Last Updated on May 10, 2024
This page provides the Terms of Sale (“Terms of Sale”) that govern purchases and other interactions (even without a purchase) you may have with products and services, including digital and print products, digital subscriptions and one-time purchases, offered by The New York Times Company (with a principal office located at 620 Eighth Avenue, New York, NY 10018) and certain of its subsidiaries, including The Athletic (collectively, “NYTimes” or “we” or “us”), unless we make available other terms and conditions that expressly govern. If you have access to NYTimes products and services through your employer or another corporate subscriber, additional terms and conditions may apply; these Terms of Sale also apply to your interactions with those products and services but do not require you to make any purchase in your personal capacity.
In these terms, unless the context otherwise requires, all further references to “you” and “your” means you as an individual user. Group and business subscriptions (including subscription period and terms of cancellation) differ and are governed by different terms set forth in the applicable purchase order or other contract.
Subscriptions are open to individuals who are at least the minimum legal age to enter into a contract in their country of residence. Subscriptions are personal and, to the extent permissible under applicable law, cannot be resold or transferred.
Users in certain jurisdictions outside the United States should refer to Section 4 below for additional information about your rights relating to your use of products and services offered by NYTimes.
By using NYTimes products or services, including NYTimes.com, you are agreeing to our Terms of Service. Please see our Privacy Policy to understand how we handle your personal information.
1.1. Definitions
1.2. About Digital and Print Products
1.3. Processing and Payment
1.4. The Athletic Processing and Payment
1.5. Pricing
1.6. Billing and Subscriptions
1.6.1. Billing of Subscriptions
1.6.2. Billing of One-Time Purchases
1.6.3. Changes to Subscriptions, Products, and Services
1.7. Unpaid Charges
1.8. Promotions
1.9. Software Products
1.10. Third Parties
1.11. Electronic Notifications
1.12. Severability
1.13. Entire Agreement
2. CANCELLATION AND REFUND POLICY
2.1. Cancellation and Refunds of Subscriptions
2.2. Suspensions or Cancellations by Us
2.3. Changing Your Subscription
2.4. Pro-Rated Credits
2.5. Cancellation and Refunds of One-Time Purchases
3. CHANGES TO THESE TERMS OF SALE
4. ADDITIONAL TERMS OF SALE FOR USERS IN CERTAIN JURISDICTIONS
4.1. Residents of the European Union and United Kingdom
4.1.1. Right to Withdraw
4.1.2. Limitation of Liability for Residents of Germany
4.2. Residents of Canada
4.2.1. Changes to Terms of Sale
4.2.2. Place of the Contract
4.2.3. Right to Cancel for Quebec Residents
4.3. Residents of Australia
4.3.1. Disclaimer of Warranties
4.3.2. Consumer Guarantees and Obligations Imposed on NYTimes; Limitation of Liability
4.3.3. Goods and Services Tax
4.3.4. How NYTimes may exercise its rights and discretions
4.3.5. Changes to Subscriptions, Products and Services
4.3.6. Promotions
4.3.7. Third Parties
4.3.8. Entire Agreement clause
4.3.9. Changes to these Terms of Sale
4.3.10. Modifications to The Terms of Service for Australia Residents
The term “digital product” refers to digital products available from NYTimes, including both NYTimes digital subscriptions and one-time purchases.
The term “print product” refers to paid print products described below in Section 1.2, including Home Delivery throughout the world (which may be delivered through a variety of methods, depending on location), and the International Edition of The New York Times.
1.2. About Digital and Print Products
Digital Products
You are not required to purchase anything for certain limited use of NYTimes.com or the NYTimes apps. However, if you do not purchase a subscription or product, your access to NYTimes content and services will be limited.
You can review some of the various NYTimes digital subscriptions here. We also offer other products and services, such as Cooking, Games, Wirecutter, The Athletic, gift subscriptions, and articles from our archive. The purchase of a gift subscription is a one-time purchase; for more information, see the Gift Subscriptions FAQ.
We reserve the right to modify the content, type and availability of any digital product at any time. If you do not agree to the modifications, you may cancel your subscription through the methods explained in Section 2.1 below.
Your digital access to NYTimes digital products will be accessible twenty-four (24) hours after subscribing.
Only one person may use the email address and password associated with a digital product account.
For details about your purchases, including payment methods and subscription periods, visit the Account area of NYTimes.com.
As noted above, other terms may apply to particular products, such as The Athletic.
Print Products
You can review the Home Delivery subscription options here, the International Edition of The New York Times subscription options here, and other print products here. At the start of your subscription, please allow seven (7) days for the delivery of your print newspaper to start after purchasing a subscription. If you are having trouble accessing the digital products, you may need to connect your Home Delivery subscription to a NYTimes account by following the process here. Similarly, you can link your International Edition of The New York Times to a NYTimes account by following the process here.
The delivery of our print products is subject to the availability and capacity of our delivery partners. There may be variability or delays in the dates and times of delivery of our print products. In addition, in certain locations and for certain print products, we may depend on the United States Postal Service or international postal services to provide delivery by mail for some or all of our print product delivery, which may result in additional variability in dates and times of delivery or, in some cases, delays. Depending on circumstances and the availability of delivery partners, we may need to switch your delivery to delivery by mail, in which case we will notify you.
1.3. NYTimes Processing and Payment
We will process your purchase as promptly as possible. There may be a delay in the activation of your product while payment details are verified.
We accept major credit cards, PayPal and other payment methods like certain digital wallet services made available during the purchase process. Accepted payment methods may vary based on your location. We reserve the right to reject any order or purchase at any time. By providing payment information to us, you agree that the payment information is valid.
If your initial payment authorization is later revoked, your subscription, product or access will be terminated. You may contact our Customer Care group (or International Edition print customer care / manage my account, where applicable) if you believe your access was terminated in error.
Unless expressly specified otherwise in these Terms of Sale, all charges are nonrefundable.
To view or change your payment method, visit the Account area of NYTimes.com. All fees are payable in accordance with the payment terms in effect when the fees become payable.
We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to the services. If you would like to use a different payment method or if there is a change in payment method, please visit the Account area of NYTimes.com to update your billing information. The disbursement of the updated credit card information is provided to us at the election of your credit card issuer. We are not responsible for the distribution of your updated credit card information. Your credit card issuer may give you the right to opt out of the updated service. It is your responsibility to contact your credit card issuer regarding your right to opt out of the updated service.
1.4. The Athletic Processing and Payment
The Athletic may use a third-party payment processor (the “TA Payment Processor”) to bill you through a payment account linked to your account on the Services (your “TA Billing Account”) for your The Athletic subscription fees. The processing of payments will be subject to the terms, conditions, and privacy policies of the TA Payment Processor in addition to these Terms. We are not responsible for errors by the TA Payment Processor. By signing up for a subscription to The Athletic, you agree to pay us, through the TA Payment Processor, all charges at the prices then in effect for such subscription in accordance with the applicable payment terms, and you authorize us, through the TA Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “TA Payment Method”). You agree to make payment using that selected TA Payment Method. We reserve the right to correct any errors or mistakes that the TA Payment Processor makes even if it has already requested or received payment.
Currently, we use Stripe, Inc. and Braintree (offered by PayPal, Inc.) as our TA Payment Processors. You can access Stripe’s Terms of Service at https://stripe.com/legal/consumer and their Privacy Policy at https://stripe.com/privacy. You can access Braintree’s Services Agreement and Privacy Policy at https://www.braintreepayments.com/legal.
The terms of your payment will be based on your TA Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen TA Payment Method. If we, through the TA Payment Processor, do not receive payment from you on time, you agree to pay all amounts due on your TA Billing Account upon demand. If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorized), we may suspend or terminate your access to the Services (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your subscription is canceled.
Reaffirmation of Authorization. Your non-termination or continued use of a subscription reaffirms that we are authorized to charge your TA Payment Method for the applicable subscription fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your subscription (or as your payment terms may be amended thereafter).
When you purchase a product, the price will be made clear during the order process. You agree to pay the price stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.
Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.
All prices are in United States Dollars or another currency specified by NYTimes at the time of the purchase, which may depend on your billing address.
Applicable taxes may vary depending on the jurisdiction. We may not be able to notify you in advance of changes in applicable taxes.
If a stated price or other material information is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product or service at that price and reserve the right to cancel, terminate or not process orders (including accepted orders). We will notify you of the error and either provide you with a refund or give you the opportunity to cancel your order and obtain a refund if payment has already been made.
Additional Costs
Your subscription may not include access to all areas of the digital product, and you may have to pay additional fees for full access. Where applicable, these additional charges will be clearly stated.
When you use your digital product, you may incur other additional charges from third party service providers, such as telecommunications fees or data fees. You are responsible for paying any additional charges.
If you believe someone else has used your account or you are being charged for a product you do not have, please contact our Customer Care group.
1.6. Billing and Subscriptions
1.6.1. Billing of Subscriptions
If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annually) until you cancel in the manner set forth in Section 2.1. You authorize us to charge your first subscription fee and any applicable taxes on or after the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the stated price (including any applicable taxes), unless prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription in accordance with Section 2.1 below; (c) we decline to renew your subscription; or (d) these Terms of Sale are otherwise properly terminated as expressly permitted herein. Further details regarding cancellation are included in Section 2 below. As noted below, we may change subscription terms or subscription fees at any time on a go forward basis in our sole discretion.
After you have set up an account, you can access information about your subscription period by visiting the Account area of NYTimes.com or contacting our Customer Care group.
If you redeem a gift subscription, either at that time or prior to the termination of the gift subscription period, you may be presented the option to enter into an automatically renewing subscription that will begin at the end of the term of your gift subscription. You can view your payment method at any time in the Account area of NYTimes.com.
Subscriptions and other purchases through a third party (e.g., Google Play or iOS) are managed directly by the applicable third party. You should consult with the appropriate third party to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Those third parties collect one-time and subscription fees, manage the subscription, and report to us on the status of subscription accounts that have been purchased from them. We do not have the ability to initiate, cancel, or refund such a third-party subscription on your behalf, but we do have the ability to make changes to your subscription entitlements in connection with such third-party subscriptions (for example, by turning off your entitlement to a subscription if you canceled it through a third-party).
1.6.2. Billing of One-Time Purchases
When you make a one-time purchase through NYTimes (e.g., a subscription sponsorship or standalone product such as an article from our archives or a gift subscription), we will charge or debit your payment method at the time of purchase.
1.6.3. Changes to Subscriptions, Products, and Services
We may change subscription terms or subscription fees at any time on a go forward basis in our sole discretion. If the pricing for your subscription increases, we will notify you and provide you an opportunity to cancel or change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription, product, or service on a temporary or permanent basis. If you do not wish to continue subscribing with the new modifications, you may cancel your subscription. Your failure to cancel or your continued use of the product or service after the changes become effective will constitute your acceptance of the changes. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
If any fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the product or services or cancel your subscription.
If your credit card expires or your payment method is otherwise invalid, we do not automatically terminate your account and you will remain responsible for all charges and uncollected amounts incurred until you cancel pursuant to Section 2.1 or we, in our sole discretion, decide to terminate your account.
In addition, we reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
We may offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
We may offer promotional trial subscriptions to allow access to the products or services on a trial basis or at a promotional rate.
If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you are required to provide your payment details when you sign up in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid subscription and your payment method will be charged the applicable fee unless you have canceled your subscription in accordance with Section 2.1. You may cancel your subscription during your free trial to avoid being charged as described above and below; such cancellation will be effective immediately.
If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of subscription periods and upon completion of that period, your subscription will continue to automatically renew at the full rate. To avoid being charged the full rate, you must cancel in accordance with Section 2.1 before the promotional period ends.
You may only be permitted to use one free trial or promotional rate offer. If your subscription is ever canceled or terminated for any reason and you purchase an additional subscription, you may not be eligible for a free trial or another promotional rate offer.
Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
We may offer promotional pricing or credits to new or existing subscribers and for other marketing purposes, such as a referral program (“Referral Program”). Eligible users may be able to earn benefits (like discounts or credits) by inviting their eligible friends and family as new customers, or subscribing to a new, eligible NYTimes subscription. New users may be able to purchase a subscription at a discount through the Referral Program. Your ability to earn, use, and take advantage of such benefits and discounts is subject to applicable terms and instructions. You must be truthful and accurate in your participation in the Referral Program. Each apparent referral is subject to independent verification by us. Benefits earned through the Referral Program must be used by the intended audience for the intended purposes and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by NYTimes. Except as permitted by NYTimes, such benefits are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. Benefits earned through the Referral Program may not be used in conjunction with select promotions. You agree we may change the terms and conditions of the Referral Program, terminate the Referral Program, or withhold, expire, deduct, limit, invalidate, or modify your benefits at any time for any reason, including, but not limited to, in the event that NYTimes determines or believes that your participation in the Referral Program or use or redemption of benefits was in error, or was fraudulent, illegal, or otherwise in violation or circumvention of these Terms of Sale, our Terms of Service, or any other policies or requirements posted by us in relation to the Referral Program (including, but not limited to, providing incomplete or untruthful information, attempts to refer “dummy” email accounts, attempting to register the same individual under different names or email addresses, or completing registration information on behalf of others). NYTimes will have the final decision in any disputes over your participation in the Referral Program.
The Athletic may separately offer discounted subscriptions from time to time subject to the terms under which they are offered (as indicated in our relevant promotion). Unless otherwise noted, the promotional subscription fee pricing is available for the first year, after which The Athletic’s regular subscription fee pricing will apply. Any free trial or other promotion that provides access to a subscription must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged for that subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact us at nytimes.com/athletic/contact-support .
If you purchase a digital subscription that includes downloadable software, your download and use of that software may be subject to different or additional terms or end user license agreements.
If you have purchased your product through a third party (such as Google Play or iOS), these Terms of Sale may not apply to you. In that event, your contract for such products will be with the third party and not with us. We are not liable to you for any claims related to purchases made through third parties. Please contact the third party directly.
1.11. Electronic Notifications
You consent to receive notifications from us or from The Athletic electronically to the email address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
If any section of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that section will be deemed severable and will not affect the validity and enforceability of any remaining sections.
The Terms of Sale, the Terms of Service, and any other special terms constitute the sole and entire agreement between you and NYTimes and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
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2. CANCELLATION AND REFUND POLICY
2.1. Cancellation and Refunds of Subscriptions
When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current billing period. Please note that canceling your New York Times subscription does not automatically cancel your subscription to The Athletic. You can cancel your subscription to The Athletic at any time on your The Athletic account page or by contacting customer support.
In order to avoid future charges, you must cancel your subscription prior to the end of your current subscription period (which you can find in your Subscription Overview within the Account area of NYTimes.com or, for your subscription to The Athletic, in your The Athletic account settings page). If you cancel prior to the deadline, you will not be charged or you will be eligible to receive a refund for additional charges. For subscriptions that are canceled within a free trial period, your cancellation will become effective immediately; for all other subscriptions your cancellation will become effective at the end of your current subscription period, and you will continue to have access to your subscription for the remainder of the subscription period.
Subscribers are given various cancellation options. These methods of cancellation are subject to change. Once your subscription has been canceled, you will have limited access to NYTimes’s content. We explain each of these methods of cancellation below. You can also find these cancellation methods described in our “Cancel Your Subscription” help desk article or in The Athletic’s help desk article.
Call us at 866-273-3612 if you are in the U.S. Our hours are 7 a.m. to 6 p.m. E.T. Monday to Friday, and 7 a.m. to 3 p.m. E.T. on weekends and holidays.
If you are outside the U.S, please see our international contact information.
- Chat with a Care Advocate
Select the “Chat” button on the Cancel Your Subscription help desk article to chat with a Care Advocate and cancel your subscription.
Chat is accessible from 7 a.m. to 10 p.m. E.T. seven days a week.
All digital subscriptions billed through NYTimes can be canceled using your account. This option is also available for certain Home Delivery subscriptions. Digital subscriptions to The Athletic may be billed separately and must be canceled separately. To cancel your subscription to The Athletic, please go through your The Athletic account settings page or this help link.
As noted above, if you purchased your subscription through a third-party (such as Google Play or iOS), you will need to contact the third-party directly to cancel or make changes to your subscription.
If you cancel your monthly combined print and digital subscription, you will only be charged for the number of copies of the Home Delivery you have received and your digital access to NYTimes digital products will end upon cancellation. In the case of International Edition Home Delivery, your monthly combined print and digital subscription may be billed and charged in arrears based on the number of copies you have received in the ending subscription period.
If you cancel your non-monthly combined print and digital subscription—which may have required a commitment for a certain period of time (e.g., quarter, semester, or year) and payment in advance—we will refund you the pro-rata prepaid amount of unserved copies of the print subscription, and your cancellation of the digital products will become effective immediately.
If you subscribe to multiple products or services, such as both The Athletic and NYTimes, your cancellation of one product or service may not result in the cancellation of all products or services.
If you purchased your subscription through a third party (such as Google Play or iOS), you will need to use the third-party platform or contact the third party directly to cancel or make changes to your subscription.
EXCEPT AS OTHERWISE STATED IN THESE TERMS OF SALE OR AS REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE. If you cancel your subscription, you are not entitled to receive any refund or credits for the time remaining in your subscription period. Except as otherwise stated in these Terms of Sale or as required by applicable law, you will continue to have the same access and benefits of your subscription for the remainder of the current subscription period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Certain products sold as part of a promotion, subject to an annual commitment, or as an add-on to your Home Delivery subscription may have different cancellation or refund policies that will be made clear at the time of purchase or otherwise before they become effective.
2.2. Suspensions or Cancellations by Us
Without limiting any other remedies, we reserve the right to suspend or terminate your subscription or product or portion thereof for any reason, with or without notice and without further obligation. If we cancel your subscription, we may give you a pro-rated refund based on the amount of time remaining that you cannot use. However, we will not be obligated to grant you a refund if we terminate your subscription because we determine, in our sole discretion, that your actions or your use of the products or services violate these Terms of Sale or our Terms of Service, any applicable law, or has harmed the service, product, or another user. If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion.
2.3. Changing Your Subscription
When you change your subscription, you may receive a pro-rated credit for fees paid in advance for your prior subscription that will be used toward your new subscription, at our sole discretion.
If you cancel your subscription prior to using all of the pro-rated credit, then you may no longer have access to any unused portion of that credit.
2.5. Cancellation and Refunds of One-Time Purchases
Unless specified otherwise in these Terms of Sale, one-time purchases cannot be canceled or refunded. For more information on the cancellation terms for gift subscriptions, see the Gift Subscriptions FAQ.
If we issue a discretionary refund or credit, we are under no obligation to issue the same or similar refund in the future.
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3. CHANGES TO THESE TERMS OF SALE
We may, from time to time, change these Terms of Sale. When such changes are made, we will make a copy of the new Terms of Sale available to you on our website. If you do not cancel the services after the changes become effective, you agree to the changed terms.
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4. ADDITIONAL TERMS OF SALE FOR USERS IN CERTAIN JURISDICTIONS
To the extent this Section 4 is in conflict or inconsistent with other provisions contained in these Terms of Sale, this Section 4 governs.
All parts of these Terms of Sale and the Terms of Service apply to the maximum extent permitted by applicable law. However, you may have greater rights in your jurisdiction of residence. If, in any jurisdiction, any provision of these Terms of Sale and the Terms of Service or their application to any party or circumstance is restricted, prohibited, or unenforceable, that provision will, as to that jurisdiction, be ineffective only to the extent of the restriction, prohibition, or unenforceability without invalidating the remaining provisions of these Terms of Sale and the Terms of Service and without affecting the validity or enforceability of such provision in any other jurisdiction or affecting its application to other parties or circumstances.
Certain users may have a legal right to cancel their subscription and obtain a refund. The extent of this legal right depends on the laws in the jurisdiction where you reside and the type of subscription you purchased.
Notwithstanding anything to the contrary in these Terms of Sale or the Terms of Service:
- the governing law applicable to these Terms of Sale or the Terms of Service will be the applicable laws of your province/territory of residence, and these Terms of Sale and the Terms of Service shall apply to you only insofar as they are enforceable under the applicable laws of the province or territory in which you reside;
- subscriptions are open to individuals who have reached the age of majority in their province or territory of residence and who are located in provinces or territories where we distribute the products of NYTimes;
- subject to applicable law (which may include the Province of Quebec), subscriptions are renewed automatically;
- subject to applicable law (which may include the Province of Quebec), you are required to provide your payment details when you sign up for a promotion and at the end of the promotion, your subscription will automatically renew at the rates displayed at the time of purchase;
- except where prohibited by applicable law (which may include the Province of Quebec) and unless specified otherwise in these Terms, all charges are nonrefundable;
- the disclaimers, exclusions, limitations of liability, and choice of law provisions under these Terms of Sale and Terms of Service will only apply to the extent such provisions are not prohibited by applicable laws, including any consumer protection legislation in effect in your province or territory of residence in Canada; and
- EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), THE SERVICES AND ALL DOWNLOADABLE SOFTWARE, APPLICATIONS, DATA, AND COMPUTER PROGRAMS ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
4.1. Residents of the European Union and United Kingdom
You have a right to withdraw from subscriptions within a certain time frame based on whether your subscription is for digital products only or for combined print and digital products. These time frames are set forth below. Upon cancellation during the applicable time frame, NYTimes will provide a full refund of payments received from you in relation to the subscription being canceled. No payment will be returned to you if you cancel during a free trial period before you have been charged.
You may cancel your subscription by contacting our Customer Care group or mailing the cancellation form provided here addressed to: The New York Times Company, Attn: Subscriptions Dept, 18 Museum Street, London WC1A 1JN, United Kingdom.
Subscriptions for Digital Products Only
You have a right to withdraw from subscriptions for digital products within fourteen (14) days of the date on which you start (or the recipient of a gift subscription starts) the initial subscription term. You agree at the time of purchase that NYTimes may immediately provide you with the digital product and that you lose your right to withdraw for a full refund. Your cancellation of the digital products will become effective immediately.
Subscriptions for Combined Print and Digital Products
You have a right to withdraw from subscriptions for combined print and digital products within fourteen (14) days of the date on which you receive (or the recipient of a gift subscription receives) the first issue of a print product. If you cancel, you do not need to return to us any print product you have already received. Upon cancellation, you will no longer receive print products from NYTimes (unless you re-subscribe), and your cancellation of the digital products will become effective immediately.
4.1.2. Limitation of Liability for Residents of Germany
Any liability of NYTimes, its subsidiaries and affiliated companies, as well as its and their respective officers, directors, employees and agents (the “Released Parties”) irrespective of its legal basis is limited to cases of intent or gross negligence. In cases of slight negligence, the Released Parties are only liable if essential contractual obligations are breached. Essential contractual obligations are obligations, the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and which you regularly trust to be observed. In this case, the liability is limited to damages which are typical and foreseeable. The Released Parties are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability do not apply in the case of personal injury or death. Liability under the German Product Liability Act remains unaffected.
4.2.1. Changes to Terms of Sale
Section 3 above is amended to replace “[w]hen such changes are made, we will make a copy of the new Terms of Sale available to you on our website.” with the following: “If you do not cancel the services after the changes become effective, you agree to the changed terms. Any such amendment will be effective thirty (30) days following the dispatch of a notice to you by any contact method we have for you, such as the email address you have registered for your account, in addition we will post the amendment on the NYTimes website or App and, where required by law, the notice will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. Where required by applicable law we will also include an opportunity for you to acknowledge your agreement and acceptance of any such amendment to the Terms of Sale. Unless you have provided your consent to the amendment, if the amendment entails an increase to your obligations or a reduction of our obligations, you may refuse the amendment and terminate the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force.”
Digital and print products will be provided at the address provided during the purchase process. For residents of all provinces and territories other than Quebec, the law of the province in which you reside will apply to the Terms of Sale and Terms of Service.
4.2.3. Right to Cancel for Québec Residents
You have a right to obtain a pro-rata refund when you cancel your subscription during the middle of a billing period. Your right to a refund is subject to NYTimes’ right to charge you a cancellation fee of up to 10% of the pro-rata amount for the remaining portion of your billing period. In no event may this cancellation fee exceed CAD $50.
Sections 4.3.1 through 4.3.9 below relate to the Terms of Sale
4.3.1. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY:
- THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; AND
- ALL WARRANTIES AND CONDITIONS THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, CUSTOM OR COMMON LAW ARE EXPRESSLY EXCLUDED FROM THESE TERMS, AND DO NOT APPLY WITH RESPECT TO THE PRODUCTS AND SERVICES PURCHASED IN ACCORDANCE WITH THESE TERMS OF SALE.
4.3.2. Consumer Guarantees and Obligations Imposed on NYTimes; Limitation of Liability
Certain legislation in Australia provides consumer guarantees or imposes obligations on NYTimes that cannot be excluded, restricted or modified, or only to a limited extent. In particular, if you buy goods or services from NYTimes as a consumer, the goods or services come with consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) which cannot be excluded, restricted or modified. These Terms of Sale are subject to such legislation.
To the extent permitted by applicable law, and subject to any such non-excludable right or remedy, NYTimes is not liable to you for any loss or damage incurred by you in connection with your subscription, whether direct, consequential, special, indirect, or other loss or damage except to the extent such loss or damage is caused by the act or omission of NYTimes. To the extent permitted by applicable law, NYTimes’ maximum liability to you is limited to the value of the subscription fees paid within the previous six months.
Except as provided in this Section 4.3, the limitations of NYTimes’ liability described in the Terms of Service apply.
Except as otherwise provided in these Terms, our Terms of Service, or the special terms, NYTimes is not willing and not obligated to participate in dispute resolution procedures before bodies responsible for out-of-court settlement of consumer disputes.
Unless otherwise stated, charges referred to for any goods or services supplied (or offered for supply) includes any GST that NYTimes is required to pay on the supply of goods and services to you. GST means the Goods and Services Tax levied in Australia under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4.3.4. How NYTimes may exercise its rights and discretions
A reference to our ‘sole discretion’ under these Terms shall be interpreted as a reference to our ‘discretion, acting reasonably’.
4.3.5. Changes to Subscriptions, Products and Services
Under clause 1.6.3 (Changes to Subscriptions, Products and Services) of the Terms of Sale:
(a) If the pricing for your subscription increases, we will give you reasonable notice (of at least 30 days) and provide you an opportunity to cancel or change your subscription before applying those changes to your account or charging you in connection with an automatic renewal.
(b) We may choose to add, modify or remove benefits and features from a subscription, product, or service on a temporary or permanent basis. We will give you reasonable notice (of at least 30 days) if we do so and provide you an opportunity to cancel or change your subscription before applying those changes to your subscription, product or service.
Under clause 1.8 (Promotions) of the Terms of Sale:
(a) If your subscription includes a free trial, we will give you reasonable notice (of at least 14 days) before the free trial ends to give you an opportunity to cancel your subscription before the paid subscription commences.
(b) If your subscription includes a promotional rate, we will give you reasonable notice (of at least 14 days) before the promotional period ends to give you the opportunity to cancel your subscription before applying the full rate.
(c) In relation to Referral Programs, if we (acting reasonably) make a determination in any disputes over your participation in the Referral Program, this does not prevent you from disputing in good faith any determination or decision made by NYTimes.
Under clause 1.9 (Third Parties) of the Terms of Sale, we will not be liable to you for any claims related to purchases made through third parties, except to the extent of our fraud, negligence or misconduct.
4.3.8. Entire Agreement clause
Clause 1.13 (Entire Agreement) of these Terms of Sale is deleted.
4.3.9. Changes to these Terms of Sale
If we make changes in accordance with clause 3 (Changes to these Terms of Sale) of the Terms of Sale, we will tell you about the changes as soon as reasonably possible. If we reasonably believe a change is unfavourable to you, we will give you prior notice of at least 30 days before any change takes effect.
4.3.10. Modifications to The Terms of Service for Australia Residents
A reference to our ‘sole discretion’ in the Terms of Service shall be interpreted as a reference to our ‘discretion, acting reasonably’.
Under clause 5.1 (Representation and warranties; Indemnification; Limitations of Liabilities) of the Terms of Service, you do not have to indemnify and hold harmless NYTimes or any Indemnified Parties to the extent any fraud, negligence or misconduct by NYTimes or any Indemnified Party contributed to the liability and costs.
Clause 5.2 of the Terms of Service is amended by deleting the words: ‘OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE’.
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