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TERMS OF SALE

Last Updated on December 6, 2022


 

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 (collectively, "NYTimes" or "we" or "us"), unless we make available
other terms and conditions that expressly govern. For example, your purchase and
other interactions with The Athletic are governed by The Athletic’s Terms of
Service. 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. GENERAL TERMS OF SALE

1.1. Definitions
1.2. About Digital and Print Products
1.3. Processing and Payment
1.4. Pricing
1.5. Billing and Subscriptions
1.5.1. Billing of Subscriptions
1.5.2. Billing of One-Time Purchases
1.5.3. Changes to Subscriptions, Products, and Services
1.6. Unpaid Charges
1.7. Promotions
1.8. Software Products
1.9. Third Parties
1.10 Electronic Notifications
1.11 Severability
1.12 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 Place of the Contract
4.2.2 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

 

1. GENERAL TERMS OF SALE

1.1. Definitions

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, 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. 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. Pricing

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.

1.5. Billing and Subscriptions

1.5.1. 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).

1.5.2. 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.

1.5.3. 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.

1.6. Unpaid Charges

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.

1.7. Promotions

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.

1.8. Software Products

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.

1.9. Third Parties

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.

1.10 Electronic Notifications

You consent to receive notifications from us 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.

1.11. Severability

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.

1.12 Entire Agreement

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.

_____

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. 

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). 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.

 * Give us a call

Call us at 866-273-3612 if you are in the U.S. Our hours are 7 a.m. to 10 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 24 hours a day 7 days a week.

 * Go to your account

All digital subscriptions billed through NYTimes can be canceled using your
account. This option is also available for certain Home Delivery subscriptions.

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, 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.

2.4. Pro-Rated Credits

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.

_____

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.

_____

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

4.1.1. Right to Withdraw

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. Residents of Canada

4.2.1. Place of the Contract

Digital and print products will be provided at the address provided during the
purchase process.

4.2.2. 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.

4.3. Residents of Australia

4.3.1. Disclaimer of Warranties

NO EXPRESS WARRANTIES ARE MADE WITH RESPECT TO THE PRODUCTS OR SERVICES
PURCHASED IN ACCORDANCE WITH THESE TERMS OF SALE. 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
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