(1) A term of a consumer contract may not be assessed for fairness under section 62 to the extent that—
(a) it specifies the main subject matter of the contract, or
(b) the assessment is of the appropriateness of the price payable under the contract by comparison with the goods, digital content or services supplied under it.
(2) Subsection (1) excludes a term from an assessment under section 62 only if it is transparent and prominent.
(3) A term is transparent for the purposes of this Part if it is expressed in plain and intelligible language and (in the case of
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