14 day cooling off period on digital content / have i waived the right?

lunadracodebt

I signed up to a digital coaching subscription yesterday and paid an upfront fee followed by a monthly subscription for 6 months. I want to withdraw and cancel this within the 14 days cooling off. When I look at the contract terms it says as I downloaded the app and accessed it I have waived the right to the 14 days. At this point I have opened the app and contacted using the chat function but no digital content specific to my coaching subscription has been provided yet (it’s being set up by the coach and will be added to the app when complete) I have sent an email requesting withdrawal as specified in the contract but I’m not sure if this means I cannot withdraw before the 6months subscription because I have accessed the app and therefore ‘waiving my rights to cooling off period’ please help!! 

Aylesbury_Duck

lunadracodebt said:

I signed up to a digital coaching subscription yesterday and paid an upfront fee followed by a monthly subscription for 6 months. I want to withdraw and cancel this within the 14 days cooling off. When I look at the contract terms it says as I downloaded the app and accessed it I have waived the right to the 14 days. At this point I have opened the app and contacted using the chat function but no digital content specific to my coaching subscription has been provided yet (it’s being set up by the coach and will be added to the app when complete) I have sent an email requesting withdrawal as specified in the contract but I’m not sure if this means I cannot withdraw before the 6months subscription because I have accessed the app and therefore ‘waiving my rights to cooling off period’ please help!! 

I suspect that by accessing the app and using the chat function, you've commenced the service, so the cooling off period has ended. 

DullGreyGuy

Coaching?

Are you a consumer in this transaction and not a business?

lunadracodebt

Hello, yes it is life coaching and I am a consumer - individual and they are a business that operate through an app 

DullGreyGuy

Assuming that English law governs the contract then under the CCR you are only entitled to a partial refund during the cooling off period if the services have already commenced at your express request. If it has been fully provided then 100% of the fees are unrecoverable. 

How you work out what proportion of a service has been rendered is difficult to judge and you may need to look at case law to see how judges are deeming these things. In a lot of cases you are buying the right to access information and if you actually choose to access it or not is broadly immaterial, like a gym, if you never go you cannot get a refund because you had the ability to access it. 

Are they trying to hold you to one months payment or the full 6 months?