Section 36 | Digital content to be as described

(1)Every contract to supply digital content is to be treated as including a term that the digital content will match any description of it given by the trader to the consumer.

(2)Where the consumer examines a trial version before the contract is made, it is not sufficient that the digital content matches (or is better than) the trial version if the digital content does not also match any description of it given by the trader to the consumer.

(3)Any information that is provided by the trader about the digital content that is information mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 (main characteristics, functionality and compatibility) to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as included as a term of the contract.

(4)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

(5)See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.