Shulou(Shulou.com)11/24 Report--

CTOnews.com May 18 news, CTOnews.com learned from Beijing Internet Court public account, Recently the court heard a dispute case involving paid membership service period, Because video platform membership expires half an hour ahead of schedule, Consumers will video platform to court, Finally the court ruled that video platform should provide users with one-day VIP membership rights, Reject other claims of users. The verdict in this case has entered into force.

At 20:46:48 on June 9,2021, the Plaintiff Shi paid for a one-month VIP membership service on the video platform operated by Defendant Company A. At 23:28 on July 9,2021, when Shi wanted to use the membership rights, he was informed that his membership rights had expired and could not be used. Shi believes that there is a network service contract relationship between himself and Defendant Company A. According to the VIP Member Service Agreement involved and the membership term description in the official website of Defendant, there is reason to believe that the expiration date of the member's rights and interests is 24:00 on July 9,2021, and Company A unilaterally terminates the contract in advance, which constitutes a breach of contract. Therefore, Shi Mou sued Defendant A Company to the court.

The Defendant Video Platform argued that it had fulfilled the membership service agreed in the contract for one natural month and there was no breach of contract. The defendant held that the explanation of the official website did not belong to the standard clause and could not be used as the basis for interpreting the contract. The defendant also stated that the membership validity period can be viewed in a variety of ways during the user's purchase of membership and during the use of membership.

The VIP Member Service Agreement stipulates that "the service period of your VIP member service shall be subject to the service period corresponding to the corresponding membership fee selected and paid by you, and shall be calculated from the time when you become a VIP member... The VIP member service period shall terminate from the expiration date of the current service period." "The statement on the validity period of membership in the defendant's official website is" The validity period of a member who has been opened for one month is: from the day you open the membership to the same time next month (for example: July 28, the membership is opened, the validity period is: July 28-August 28). "The dispute between the two parties is whether the membership service should end at 20:46:48 on July 9, 2021 or at 24:00 on that day.

After hearing, the court held that the VIP Member Service Agreement of the video platform belongs to the format clause and should be interpreted according to the usual understanding. The Court held that "day" should cover the whole time of that natural day, not a specific point in time. Therefore, the video platform's early termination of providing member services to users constitutes a breach of contract and shall bear corresponding liability for breach of contract.

The court also pointed out that "one-to-many" Internet service platforms should follow the principle of fairness in determining the rights and obligations between the parties when using standard clauses, and should not restrict the contractual rights of promised users by using instead of consent. For the terms that may affect the substantive rights of users, the platform shall clarify the service content with accurate expression to avoid ambiguity and further damage to the rights and interests of consumers.

After the judgment of this case, the video platform accurately changed the expiration time of the member to hour and minute in the member rights description on the official website, and revised the expiration time of the member to 23:59:59 seconds on the last day in the member order details.

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