Subscription Terms Lawyers Adelaide: Auto-Renewal, Free Trials, Cancellation and the 2027 Subscription Rules

Subscription and membership terms in South Australia

Subscription and membership terms decide what happens when a plan renews and what a customer must do to leave it, and from 1 July 2027 the consumer law adds rules written for subscriptions. Talon Legal drafts and reviews subscription terms, membership agreements, free trial offers and cancellation processes for Adelaide businesses selling software, apps, content, boxes and memberships, and advises businesses signing up to them. Book a same-day free 30-minute consultation or call (08) 7094 2021.


Subscription terms key facts

IssuePosition in South Australia
Unfair terms nowAn unfair term in a standard form consumer or small business contract is void, and making a contract with an unfair term the business proposed, or relying on one, is a contravention (ACL section 23(1), (2A) and (2C)).
Automatic renewalRenewal unless cancelled within 30 days before the end, with no notice of expiry, caused a significant imbalance (JJ Richards at [56](a)).
RefundsTerms cannot exclude the consumer guarantees (section 64(1)). Booktopia was ordered to pay a $6,000,000 penalty for misstating customers' rights (section 29(1)(m)).
Maximum penalty nowBody corporate: the greater of $100,000,000 and three times the benefit (or 30% of adjusted turnover if the benefit cannot be determined). Anyone else: $2,500,000 (section 224).
Subscription contracts from 1 July 2027From 1 July 2027, rolling contracts and trials that convert to paid supply will be subscription contracts (section 48B), but contracts for payment in instalments will not (section 48C(1)(d)).
Disclosure and exitFrom 1 July 2027, offers must disclose the renewal and exit terms (section 48D), and consumer and small business subscribers must have an easy way out, online if they signed up online (section 48F).
Unfair trading practices from 1 July 2027From 1 July 2027, conduct that manipulates consumers or unreasonably distorts their decisions, and causes detriment, will be prohibited (section 28B).
Existing subscribersFrom 1 July 2027, sections 48B, 48E and 48F reach earlier contracts on renewal, continuation or variation (section 312).
First stepSame-day free 30-minute consultation. Call (08) 7094 2021.

Need a subscription terms lawyer in Adelaide?

Our subscription terms lawyers in Adelaide act for businesses selling subscriptions and memberships, from software and online content to subscription boxes, gyms, clubs and services, and for businesses buying them. The Australian Consumer Law (ACL), in Schedule 2 of the Competition and Consumer Act 2010 (Cth), already governs renewal, price change, refund and cancellation terms. From 1 July 2027, the Competition and Consumer Amendment (Unfair Trading Practices) Act 2026 (Cth) adds rules for subscription contracts and for showing transaction based charges, and bans unfair trading practices. This page states the law current to 7 November 2026.

This guide is part of our online business practice. Related guides cover app terms and conditions, online sales terms and consumer law and software and SaaS agreements.

Free Consultation. Send us your terms and sign-up flow before the 2027 rules start. Book a same-day free 30-minute consultation or call (08) 7094 2021.

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Muhammad Zubair profile picture
Muhammad Zubair
29 October 2026
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Talon Legal is the best law firm in the Adelaide. Dan was able to resolve my case before time, achieving a favourable outcome. I would highly recommend Talon Legal to anyone seeking professional legal assistance. Talon Legal develops effective legal strategies to achieve the best possible outcomes.
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Jessie W profile picture
Jessie W
26 October 2026
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I had a great experience dealing with Danial at Talon Legal. From our initial conversation, he was professional, approachable and genuinely interested in understanding our business and its needs. He took the time to listen, explain things clearly and offer thoughtful, practical advice. I particularly appreciated his patience, honesty and the time he dedicated to our discussions. Although we haven’t engaged the firm for further work at this stage, the experience has left a very positive impression. I would certainly feel confident reaching out to Danial again for any future legal matters. Thank you, Danial, for your time and professionalism. It’s been a pleasure dealing with you!
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Angela Carter profile picture
Angela Carter
12 October 2026
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Was a scary experience, uut thenks to your expertise, i got the best possible outcome.
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S Google
24 September 2026
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Exceeds expectations Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
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S Google
24 September 2026
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Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
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Samin Adit profile picture
Samin Adit
1 September 2026
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Dan was extremely helpful and he was very patient and through and took time explaining me all the process and next step. And he carried a great sense of humor while he spoke and honestly that made it so easy to understand when I was already stressed out.
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Calvin Munatswa profile picture
Calvin Munatswa
24 August 2026
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I’m extremely happy with the service I received from Dan. He was professional, responsive, knowledgeable and genuinely committed to achieving the best possible outcome. I really appreciate the hard work, guidance and support throughout the process. Thank you for doing such a great job. I would highly recommend your services to anyone looking for a reliable and dedicated lawyer.
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Marcelle Ayoubi profile picture
Marcelle Ayoubi
4 August 2026
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Highly recommend Dan! He was prompt, reliable and efficient, with excellent communication throughout the entire process. His knowledge and professionalism gave me confidence, and he achieved a good outcome. Dan took a lot of the stress out of what could have been an overwhelming experience. Thank you, Dan, for all your support and assistance!
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Neb Trivic
24 July 2026
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Very knowledgable, helpfull and got the best outcome hoped for.
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Anton Simdyankin
21 July 2026
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Timely quote, responses and overall great experience. 100% Recommend
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Tania Stubberfield profile picture
Tania Stubberfield
16 July 2026
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I highly recommend Talon Legal and especially Daniel Esmaili. During our initial conversation for a driving offence, Dan was incredibly honest and told me that I didn't really need legal representation. He was completely down-to-earth and non-judgmental, reassuring me that people make poor choices sometimes. I felt more at ease and I chose to hire him anyway to avoid the anxiety of a court appearance, and it was the best decision I could have made. He took care of everything from start to finish, appearing in court on my behalf so I didn't have to attend at all. He explained everything clearly without using confusing legal jargon. He was also incredibly thoughtful and personal, asking how my birthday trip away went with family. Thanks to Dan, we got a fantastic outcome with a significantly reduced suspension time and a minimal fine. Dan even went above and beyond by telling me to contact him before I start driving again to double-check that my suspension is fully completed and my licence paperwork is processed correctly. On top of the amazing result, the fees were surprisingly affordable without compromising on performance and integrity. If you want an empathetic, honest, affordable and highly capable lawyer, then Dan's your man. Thankyou again Daniel Esmaili at Talon Legal.
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Bill P profile picture
Bill P
30 June 2026
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We recently engaged Dan Esmaili from Talon Legal to assist our family with a motor vehicle road rule expiation and related court matter. From the very beginning, Dan was professional, clear, and extremely supportive. He took the time to explain the process in a way we could understand, kept us informed throughout, and handled the matter with care and confidence. Most importantly, Dan achieved a successful outcome for our family, which we are very grateful for. We sincerely appreciate his guidance, responsiveness, and dedication. We would highly recommend Dan Esmaili and Talon Legal to anyone needing strong legal support and professional representation.
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Sara Gleeson profile picture
Sara Gleeson
16 June 2026
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I cannot recommend Dan Esmaili (Talon Legal) highly enough. I was extremely worried about the impact a legal problem could have on my future. From the beginning, he was professional, knowledgeable, and supportive. He took the time to explain the legal process, answered all of my questions, and worked tirelessly on my case. Thanks to his expertise and advocacy, I received a result without a conviction being recorded. This outcome has made an enormous difference to my life, and I am incredibly grateful for his dedication and hard work. If you need a lawyer who genuinely cares about their clients and achieves outstanding results, I would not hesitate to recommend Dan.
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Matthew Greenwood
16 June 2026
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Thanks Dan for your legal help . You got the best possible outcome , thanks again . Matt
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Caleb Sweeting profile picture
Caleb Sweeting
15 June 2026
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Danial Esmaili is an excellent lawyer whose clear communication style makes navigating legal matters much easier. Professional, approachable and knowledgeable, he takes the time to explain things clearly and provides confidence throughout the process.
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Yousef Al-Yasiri
11 June 2026
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Daniel and the team at Talon Legal were truthful, helpful, and left me feeling confident and how they handled my matter. Daniel understood my situation, left me assured, was realistic with me, provided me with the advice or course of action that best suits my sitiation. If I could choose again, I would choose Daniel and the team at Talon Legal with my eyes closed.
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Matthew Morgan profile picture
Matthew Morgan
11 June 2026
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You’d be hard pressed to find someone more knowledgeable than Dan, a lovely guy too.
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Jacob Marcer profile picture
Jacob Marcer
10 June 2026
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Daniel at talon legal was by far the best lawyer I’ve had to deal with he was extremely helpful with explaining his processes and making me feel very comfortable Also achieving a great result on my case Couldn’t recommend Daniel more if I could give more stars I would Thanks again daniel
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Faros Omidvour
10 June 2026
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Talon Legal is an excellent law firm that I recpmmend without hesitation to anyone who needs responsive and considerate advice and representation.
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Egor Eremeev profile picture
Egor Eremeev
8 June 2026
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I cannot recommend Talon Legal highly enough. From the very beginning, Daniel demonstrated exceptional professionalism, legal expertise, and genuine care for my situation. Daniel took the time to understand my circumstances, explained every step of the process in clear and practical terms, and was always available to answer questions. His attention to detail, strategic thinking, and calm approach gave me confidence throughout the entire matter. What stood out most was Daniel’s commitment to achieving the best outcome while making the process as smooth and stress-free as possible. It is rare to find a lawyer who combines technical expertise with such excellent client service. Thank you, Daniel, and the Talon Legal team for your outstanding support. I would highly recommend Talon Legal to anyone seeking professional, reliable, and results-driven legal representation.
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Kaedehara Kazuha profile picture
Kaedehara Kazuha
4 June 2026
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We recently engaged Talon Legal to assist with drafting reseller agreements for our business, and the experience exceeded expectations. Dan took the time to understand our requirements, commercial objectives, and the practical realities of our industry before providing clear, strategic advice and a tailored solution. His attention to detail, commercial awareness, and ability to identify potential risks resulted in a comprehensive agreement that gave us confidence moving forward. What stood out most was the firm's proactive and innovative approach. Rather than relying on a standard template, Dan offered practical suggestions and considered scenarios we hadn't even thought of, helping create a robust and well-structured agreement. Talon Legal is a progressive firm with a fresh perspective and a strong understanding of commercial law. Professional, responsive, and easy to work with throughout the process. Highly recommended.
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Bec Chapman profile picture
Bec Chapman
22 May 2026
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Talon Legal were exemplary in their service. Dan was concise, thorough and true to the plan. For a small NGO seeking legal advice I can highly recommend :)
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Hussar1522
29 October 2025
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One of the best lawyers in Adelaide My life was being ruined because of a court case that was not true, then it became worse when I have driving charge for driving disqualification and careless driving with an accident that I did not cause. This affect my business and the lawyers protected my business and my life and reputation. They make the charges go away and I get no conviction or criminal record, and do my business contracts terms and conditions perfectly. If you want lawyers that can help you many ways I suggest you go to Talon Legal. I think one of the best law firms in Adelaide for business and criminal and traffic.
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Oldpicker64 profile picture
Oldpicker64
17 August 2025
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Saved me from jail for disqualified driving I can’t thank talon legal enough for what they did to help when I had magistrates court in port adelaide and Elizabeth, lost my licence because I was sick before and had to drive in emergency to help family but police didn’t care. Talon legal helped me with disqualified driving charges in court and saved me from going back to jail this was the one time I liked working with a lawyer. Recommend talon legal for any legal problem.
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J420 profile picture
J420
2 August 2025
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Best criminal lawyers! I hired talon legal to fight a criminal case for me and they got the charge dropped. Daniel was amazing in handling my case. He actually cared about my case and me as a person. I felt really supported and I am glad I got talon legal for my court case. Best criminal lawyers in Adelaide that I spoke to.
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James Aveno profile picture
James Aveno
2 August 2025
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Excellent business and startup lawyers Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy.
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James A profile picture
James A
2 August 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Excellent commercial and business lawyers! Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy. Approximate cost: $4500
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DP123 profile picture
DP123
12 July 2025
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Clear advice in a very stressful time I was in a very stressful situation and Talon Legal fixed my problem - now my stress is gone! Very professional, excellent communication, accessible and fast. Thank you for everything.
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Slavi77 profile picture
Slavi77
12 July 2025
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They won my hardship appeal Was about to lose my licence and Talon Legal got it back. Made a promise and kept it. This is what a lawyer should be like. Helped me with my driving disqualification and other driving offences. Very prepared and explaining things very good so I could understand them easily.
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Emir profile picture
Emir
2 July 2025
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Very good criminal lawyer They were honest and did what they said they would do and told me what to expect it was like following a map and I felt safe because I know what to expect very happy with the experience Talon. If I need lawyer again I will come back.
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Samsun profile picture
Samsun
28 June 2025
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Got the best result for me Easy to deal with and spoke to me in normal English, explained everything really good to me, didn’t go over agreed budget to help with my case and communicated all the time with me, never kept me waiting and very responsive to my questions, had direct access to my lawyer anytime I needed. Got very good result for my case for drinking and driving, disqualified driving, demerit points and provisional driver licence condition
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Rogue33 profile picture
Rogue33
26 June 2025
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Very good experience best money ever spent on a lawyer Professional, friendly and fixed fee service. I had some charges in court in Adelaide and Talon Legal completely picked apart the case against me. Charges were removed and I got my licence back too. Cant recommend them strongly enough. Really easy to work with and friendly. Thanks for wining my licence appeal and getting the drink driving charges removed.
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Riggo7 profile picture
Riggo7
24 June 2025
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Saved my drivers license Can’t thank the team enough at Talon Legal for helping me keep my drivers license. They were very knowledgeable and took the time to explain everything to me every step of the way. If it wasn’t for their excellent representation in court I would have lost my license. They left no stone unturned. Highly recommend.
Posted on Word of mouth Word of mouth
Karen R. profile picture
Karen R.
24 June 2025
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Best lawyers for traffic offences in adelaide Really appreciate Talon Legal’s help to keep my license, thank you so much to the team. Professional, responsive and compassionate service from everyone at the office and excellent outcome. Would definitely recommend. Approximate cost: $2800
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Les A. profile picture
Les A.
23 June 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Excellent traffic lawyers I owe them my life and job words are not enough to say how thankful i am for the help they gave me when i was going to lose the driver licence in magistrates court because of drink driving and drug driving. Approximate cost: $3000
Posted on True Local True Local
Jordan profile picture
Jordan
22 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Best Lawyers! Absolutely first-class service from Talon Legal. I had a complicated traffic matter and wasn’t sure where to turn. From the first phone call, they were professional, understanding, and gave me clear advice without the legal jargon. On the day of court, they were calm and prepared and the result spoke for itself. I’m so grateful for their help and wouldn’t hesitate to recommend them to anyone needing help with a traffic offence.
Posted on Word of mouth Word of mouth
S A. profile picture
S A.
17 June 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Brilliant traffic lawyers in adelaide Helped me get my licence back in the magistrates court after I applied for a licence appeal because I breached my provisional conditions. Made it straightforward and helped me stay calm. Treated me like a normal person and was very compassionate. You saved my job legends Approximate cost: $1800
Posted on True Local True Local
SA profile picture
SA
16 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Successful drivers licence appeal! Made the process really easy for me to understand and helped me appeal my licence in the magistrates after it was disqualified for breaching a licence condition. Thank you legends, I would have been stuffed if I lost my licence without you guns!
Posted on True Local True Local
TK profile picture
TK
5 April 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Best traffic lawyers in Adelaide I came across talon legal when I was looking for a law firm in Adelaide to represent me for traffic offences while visiting from overseas. They were very professional, fast, friendly and down to earth. Dan handled my mater and got me a very good outcome at a fixed cost.

What should subscription terms cover?

The life of the subscription, from sign-up to exit. Good subscription terms and conditions say what the subscriber gets, how and when they pay, what happens at the end of each period, and how the price or features can change. They also deal with suspension, cancellation and refunds. Software and content subscriptions need a licence. Membership terms add booking rules, freezes, guest passes and conduct rules.

A subscription terms lawyer reads the terms with the sign-up page, checkout, emails and cancellation process, because what the customer sees on screen counts as much as the document.


Are automatic renewal terms lawful?

Yes, but an unfair one in a standard form consumer or small business contract is void (ACL section 23(1)). A term is unfair if it would cause a significant imbalance, is not reasonably necessary to protect the business’s legitimate interests, and would cause detriment if relied on (section 24(1)). The business must prove the term is reasonably necessary (section 24(4)).

In ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224, small business contracts renewed for a further term unless the customer cancelled within 30 days before the end, with no notice that the term was ending. Moshinsky J accepted that this caused a significant imbalance, since the supplier is more likely than a small business to know when renewal is due ([56](a)). The terms were also in legal language and very small print ([60]). Transparency is part of the test (section 24(2) and (3)).

Since 9 November 2023, making a contract with an unfair term the business proposed, or relying on one, is a contravention (section 23(2A) and (2C)). For a body corporate, the maximum penalty is the greater of $100,000,000 and three times the benefit or, if that cannot be determined, 30% of adjusted turnover during the breach turnover period. For anyone else it is $2,500,000 (section 224(3) and (3A)).


Can a subscription business raise prices?

Only under terms that survive the unfair terms rules. A term setting the upfront price is outside them (ACL section 26(1)(b)). But a right to vary that price without giving the other party a right to terminate is a statutory example of a term that may be unfair (section 25(f)), as is a right for one party alone to change the characteristics of the goods or services (section 25(g)).

In JJ Richards, a right to raise prices for any reason, with no right for the customer to terminate or obtain a lower price, caused a significant imbalance ([56](b)). A price change clause is easier to defend if it gives notice and lets the subscriber leave before the new price applies.


What can free trial offers say?

Only what is true about the price and when payment starts. A false or misleading representation about price contravenes ACL section 29(1)(i). Misleading or deceptive conduct contravenes section 18(1).

Layout counts. In ACCC v Trivago N.V. [2020] FCA 16, Moshinsky J found that a top offer shown in green, in a relatively large font, with a green “View Deal” button, gave the impression that it was the best offer ([213]). A hover-over explanation did not cure that: consumers might never see it, and in any event it was opaque ([216]). The price after a free trial, and the date it starts, belong beside the button that starts the trial.

From 1 July 2027, a free trial that converts to paid supply, with a right to end it first, will be a subscription contract (section 48B(5)), and so will a discounted introductory period that steps up automatically (section 48B(6)).

From 1 July 2027, a business that displays a base price for goods or services ordinarily acquired for personal, domestic or household use must also show any transaction based charge, such as a booking fee, close to that price (section 48A(1) and (3)).


Can a subscription business refuse refunds?

Not where the law gives a remedy. Goods supplied to a consumer must be of acceptable quality (ACL section 54), and goods include computer software (section 2(1)). Services must be rendered with due care and skill (section 60). A term is void to the extent it purports to exclude, restrict or modify those guarantees (section 64(1)). A business customer is a consumer of services costing $100,000 or less (section 3(3) and regulation 77A).

Misstating those rights is a separate contravention (section 29(1)(m)). In ACCC v Booktopia Pty Ltd [2023] FCA 194, the terms required faulty items to be reported within 2 business days of delivery ([15]). Booktopia accepted that this represented customers had no remedy otherwise ([18]). Burley J ordered a $6,000,000 penalty.

In Valve Corporation v ACCC [2017] FCAFC 224, the Full Court rejected the argument that the guarantees did not apply under a contract with a foreign proper law ([103]). Parties cannot contract out of them ([107]).

Change-of-mind refunds stay a business choice, if the wording keeps faulty goods outside the refusal. For goods or services not ordinarily acquired for personal, domestic or household use, liability can be limited to repair, replacement or resupply, unless relying on the limit is not fair or reasonable (section 64A).


Can a business charge an exit fee or suspend access?

Within limits. A sum payable on default is tested by whether it is out of all proportion to the interest it protects, which may be business or financial (Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28, Kiefel J, with whom French CJ agreed, at [29]). ANZ’s late payment fees of $20 and $35 were not shown to be penalties, because the evidence showed real costs from late payment ([68], [69]).

A fee charged only to the customer for ending the contract is a statutory example of a term that may be unfair (ACL section 25(c)). An exit fee tied to a real cost, such as a discount given for a fixed term, is easier to defend.

Suspension works when the contract is clear. In AIBI Holdings Pty Ltd v Virtual Technology Services Pty Ltd [2022] FCA 696, an IT provider suspended helpdesk services for 36 days after its customer withheld payment ([2]). The contract let disputed amounts be withheld only once the dispute process had started, and it had not ([137] to [139]). Perram J held that the suspension was not a breach ([140]). A right for one party alone to suspend performance, or to decide whether the other is in breach, may still be unfair (section 25(a) and (h)).


What is a subscription contract from 1 July 2027?

From 1 July 2027, a contract that is not excluded will be a subscription contract if it fits one of four patterns, each with automatic payment and a right to end it (section 48B(1)): open-ended supply (section 48B(2)), a fixed period that rolls on unless stopped (section 48B(3)), a free initial period followed by payment (section 48B(5)), or an initial rate followed by a higher rate (section 48B(6)).

From 1 July 2027, excluded contracts will include leases, hire-purchase agreements, contracts for payment in instalments, childcare and school tuition (section 48C(1)). So, from 1 July 2027, a fixed price paid in instalments will sit outside the rules, while a membership that renews and charges again will sit inside them.


What must be disclosed when a subscription is offered?

From 1 July 2027, a supplier offering a contract that would be a subscription contract must, when making the offer, say that it would be one (section 48D(2)). From 1 July 2027, it must also give information about the payments, the period, any renewal, any notice needed to end it, and how to end it (section 48D(4)).

From 1 July 2027, unless regulations say otherwise, the disclosure must be legible, prominent, unambiguous and close to where the customer agrees, or comprehensible, audible and unambiguous a reasonable time before the customer could agree (section 48D(3)(c)). Online, the safer place is beside the sign-up button rather than behind a link.

From 1 July 2027, for prescribed consumer and small business subscription contracts, the supplier must also give prescribed information at prescribed times while the contract runs (section 48E). The content and timing will depend on regulations, so they are not stated here. From 1 July 2027, a pecuniary penalty may be imposed for a breach of these duties.


How must subscribers be able to cancel?

Today, the unfair terms and misleading conduct rules do the work. A right for only one party to terminate is a statutory example of a term that may be unfair (ACL section 25(b)). A cancellation page that misstates refund rights risks contravening section 29(1)(m).

The subscription cancellation law starts on 1 July 2027. From 1 July 2027, a supplier under a consumer or small business subscription contract must provide a way to end it, and each way must be easy to find, straightforward and need only the steps reasonably necessary to end it and protect the subscriber’s interests (section 48F(1)).

From 1 July 2027, one way must be online if the subscriber signed up online, or if the supplier offers online sign-up for the same kind of goods or services (section 48F(2)). So, from 1 July 2027, a gym that takes online sign-ups will need online cancellation even for members who joined at the desk. A path that forces a phone call, or several screens of retention offers, will be hard to defend.


Who do the 2027 rules protect?

From 1 July 2027, sections 48E and 48F will protect individuals acquiring wholly or predominantly for personal, domestic or household use (section 48G(1)). From 1 July 2027, they will also protect businesses on standard form contracts that employ fewer than 100 people, or had turnover under $10,000,000 in their last income year (section 48G(2)).

From 1 July 2027, a contract alleged to be standard form will be presumed to be one unless proved otherwise (section 48H), much as the unfair terms rules presume now (section 27(1)).

Existing subscribers are caught. From 1 July 2027, sections 48B, 48E and 48F apply to new contracts, and to earlier contracts from any renewal, extension, other continuation or variation on or after 1 July 2027 (section 312). For an open-ended monthly subscription, the safer course is to assume it is caught.


What will the unfair trading practices ban mean from 1 July 2027?

From 1 July 2027, a person must not engage in unfair trading practices (section 28B(1)). From 1 July 2027, that means conduct in connection with supplying goods or services to a consumer that manipulates the consumer, or unreasonably distorts the setting in which they decide, and causes or is likely to cause detriment (section 28B(2)).

From 1 July 2027, the statutory examples will include failing to disclose material information, disclosing it in a complex, unclear, ambiguous or overwhelming way, and using design elements in digital interfaces to put consumers under unreasonable pressure or obstruct their decisions (section 28B(6)). From 1 July 2027, the ban will not protect a body corporate or a business customer (section 28B(3) and (4)). From 1 July 2027, a breach will attract the section 224 maximums: for a body corporate, the greater of the section 224(3A) amounts, and for an individual, $2,500,000.

Trivago, decided under section 18, shows how the Federal Court reads design. Moshinsky J weighed fonts, colours and the button, and noted internal documents recognising that price layout significantly affects user behaviour ([213]). Hover-over text did not cure the impression ([216]). Countdown timers that reset and cancel buttons hidden in menus deserve a review before 1 July 2027.


What should a business check before signing up?

The renewal date and the way out. A small business contract is one where a party employs fewer than 100 people or had turnover under $10,000,000 in its last income year (ACL section 23(4)). Unfair terms in a supplier’s standard form small business contract are void (section 23(1)), and the contract is presumed to be standard form (section 27(1)).

Negotiating can change that. In AIBI, the customer had and used an effective opportunity to negotiate, so the supplier showed the contract was not standard form ([93], [96]). That was decided before the 2023 amendments. A court must now also weigh the supplier’s repeat use of the same terms (section 27(2)(ba)), and a contract may still be standard form despite a chance to negotiate minor changes (section 27(3)(a)).

Diary the renewal and notice dates, and read the price change and exit clauses before each renewal. A subscription terms lawyer can mark the clauses worth negotiating.


How similar matters tend to play out

Illustrations of how the law on this page combines on ordinary facts, not predictions. Outcome depends on the documents, the evidence and the court.

Lower range. An Adelaide coffee subscription’s terms say no refunds are given. A box arrives crushed. The term is void so far as it excludes the acceptable quality guarantee (sections 54 and 64(1)), and the wording risks contravening section 29(1)(m), as in Booktopia. Rewording the refund clause fixes it.

Middle range. A rostering software business sells annual plans to cafes on click-through terms that renew for 12 months unless cancelled 60 days before the end, with no reminder and a free hand on price. A cafe with 12 staff has a small business contract (section 23(4)). The terms resemble those in JJ Richards ([56](a), [56](b)), and relying on an unfair term is a contravention (section 23(2C)). A reminder, and a right to leave before a price rise, lower the risk.

Upper range. A fitness studio chain sells memberships online with a 14-day free trial that converts to fortnightly debits. The sign-up page shows “$0 today” in large green type, the fee is in small grey text, and members can cancel only in person. Read the way Trivago read layout ([213]), the page risks contravening sections 18 and 29(1)(i). From 1 July 2027, the trial will be a subscription contract (section 48B(5)), online cancellation will be required (section 48F(2)), and the design risks the unfair trading practices ban (section 28B(6)(d)). Existing members will be caught from any renewal or variation on or after 1 July 2027 (section 312).


How we act on subscription terms

Our subscription terms lawyers act for businesses selling subscriptions and memberships, and for businesses buying them. For a seller, the aim is terms that hold up now and are ready for 1 July 2027.

StageWhat happensWhat we do
ReviewThe terms and sign-up flow are sent.Check renewal, price, refund and exit terms against the unfair terms rules and sections 18, 29 and 64.
DraftingTerms and offer wording are prepared.Draft the terms, including free trial wording and the disclosure needed from 1 July 2027.
TransitionThe business prepares for 1 July 2027.Identify which plans will be subscription contracts from 1 July 2027 and design the exit method.
ComplaintA customer or the regulator complains.Advise on the term in dispute and the response.
BuyingThe business signs up to a supplier's subscription.Review the supplier's terms and negotiate where it counts.

We cannot promise an outcome, and no lawyer can. We can make sure the terms and the sign-up flow are checked before a customer or the regulator tests them.

Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.


Subscription terms case law

None of the decisions below applied the subscription rules that start on 1 July 2027; each decided a point that applies to subscription terms now.

CaseCourtPrinciplePinpoint
ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224Federal CourtAutomatic renewal and price variation terms caused a significant imbalance[56](a), [56](b), [57], [60]
ACCC v Booktopia Pty Ltd [2023] FCA 194Federal CourtA term misstating consumers' rights contravened section 29(1)(m)[15], [18]
Valve Corporation v ACCC [2017] FCAFC 224Full Federal CourtNo contracting out of the consumer guarantees[103], [107]
Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28High CourtA default sum is tested against the interest it protects[29], [68], [69]
AIBI Holdings Pty Ltd v Virtual Technology Services Pty Ltd [2022] FCA 696Federal CourtThe contract decided when services could be suspended[93], [96], [137] to [140]
ACCC v Trivago N.V. [2020] FCA 16Federal CourtLayout shapes what an online offer conveys[213], [216], [219]

Case notes

ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224

Moshinsky J declared eight terms unfair and void. He accepted that automatic renewal without notice of expiry, and price rises for any reason, caused a significant imbalance ([56](a), [56](b)).

ACCC v Booktopia Pty Ltd [2023] FCA 194

Booktopia accepted that its 2 business day notice term represented that customers needed to give that notice to have a remedy ([15], [18]). Burley J ordered a $6,000,000 penalty under section 29(1)(m).

Valve Corporation v ACCC [2017] FCAFC 224

The Full Court rejected the argument that a foreign proper law displaced the guarantees ([103]), and said parties cannot contract out of them ([107]).

Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28

Kiefel J, with whom French CJ agreed, asked whether a default sum is out of all proportion to the interest it protects ([29]). ANZ’s fees were not shown to be penalties ([68], [69]).

AIBI Holdings Pty Ltd v Virtual Technology Services Pty Ltd [2022] FCA 696

Perram J held that suspending services for unpaid invoices was not a breach, because the contract let the customer withhold disputed amounts only once the dispute process had started, and it had not ([137] to [140]).

ACCC v Trivago N.V. [2020] FCA 16

Moshinsky J found that the green top offer conveyed it was the best offer ([213]), and hover-over text did not dispel it ([216]). Trivago contravened section 18 ([219]).


Frequently asked questions

When do the new subscription rules start?

On 1 July 2027, when the Unfair Trading Practices Act commences (section 2 of that Act). The unfair terms rules and the misleading conduct and consumer guarantee provisions apply now and will continue to apply.

Will customers have to be able to cancel online?

From 1 July 2027, yes, if they signed up online or the business offers online sign-up for the same kind of goods or services (section 48F(2)).

Will a free trial that becomes a paid plan be a subscription contract from 1 July 2027?

From 1 July 2027, yes, if payment starts automatically after the free period and the customer can end the contract first (section 48B(5)).

Can a subscription business refuse refunds?

Not for a failure of the consumer guarantees, which terms cannot exclude (ACL section 64(1)). A “no refunds” policy that suggests otherwise risks contravening section 29(1)(m).

Can a business increase the price of a subscription?

Only under a term that is not unfair. A price variation right with no matching right to terminate may be unfair (ACL section 25(f)).

Are early termination fees enforceable?

They can be, if the fee reflects a genuine interest of the business. A default sum is tested against that interest (Paciocco at [29]), and a fee charged only to the customer may be unfair (section 25(c)).

Do the 2027 rules apply to existing subscribers?

Yes, from any renewal, extension, continuation or variation on or after 1 July 2027 (section 312).

Do the subscription rules protect business customers?

From 1 July 2027, the exit rule covers businesses on standard form contracts with fewer than 100 employees or turnover under $10,000,000 (section 48G(2)).

What is a subscription trap?

A sign-up or cancellation design that makes joining easy and leaving hard. From 1 July 2027, subscriptions must have a straightforward way out (section 48F), and digital design that obstructs a consumer’s decision can be an unfair trading practice (section 28B(6)(d)).

Do I need a subscription terms lawyer?

For a business selling subscriptions or memberships, yes, before 1 July 2027. A subscription terms lawyer can check the renewal, price, refund and exit terms against the current law and the 2027 rules. A free 30-minute consultation will tell you where you stand.


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